2209-31135 SRA - Response with conditions (MCU22_0156)

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SARA reference:                         2209-31135 SRA
Assessment Manager:                     Noosa Shire Council
Street address:                         56 Reserve Street, Pomona
Real property description:              Lot 188 on MCH1261
Applicant name:                         Ms Lisa Micolich
Applicant contact details:              56 Reserve Street
                                        Pomona QLD 4568
                                        [email protected]
State-controlled road access            This referral included an application for a road access location, under
permit:                                 section 62A(2) of Transport Infrastructure Act 1994. Below are the
                                        details of the decision:
                                         Approved
                                         Reference: TMR22-037596
                                         Date: 3 November 2022

                                        If you are seeking further information on the road access permit,
                                        please contact the Department of Transport and Main Roads at
                                        [email protected]
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)
Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Richard Wilson, Planning Officer, on 5352 9774 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc      Ms Lisa Micolich, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations provisions
        Attachment 5 - Approved plans and specifications




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Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the plans and specifications referenced below are found at
Attachment 5)


 No.     Conditions                                                                     Condition timing
 Material change of use
 10.9.4.2.4.1—The chief executive administering the Planning Act 2016 nominates the Director-General
 of the Department of Transport and Main Roads to be the enforcement authority for the development
 to which this development approval relates for the administration and enforcement of any matter
 relating to the following condition:
 1.      (a) The road access location, is to be located generally in                    (a)
             accordance with the Site Plan, prepared by Soul Space Building             At all times
             Design, dated 1 November 2022, drawing No. WD101 and
             revision D as amended in red by SARA on 4 November 2022.                   (b) and (c)
                                                                                        Prior to the
         (b) Road access works comprising a Rural Property Access (at the               commencement of use
             road access location) must be provided.                                    and to be maintained at
                                                                                        all times
         (c) The road access works must be designed and constructed in
             accordance with Department of Transport and Main Roads
             Standard Drawing 1807, Rural Property Access, Revision A,
             dated 07/2020 and Department of Transport and Main Roads'
             Road Planning and Design Manual 2nd Edition.




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Attachment 2—Advice to the applicant

General advice
1.      Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or
        the State Development Assessment Provisions (SDAP) v3.0. If a word remains undefined it has
        its ordinary meaning.
2.      Transport noise corridor
        Mandatory Part (MP) 4.4 of the Queensland Development Code (QDC) commenced on 1
        September 2010 and applies to building work for the construction or renovation of a residential
        building in a designated transport noise corridor. MP4.4 seeks to ensure that the habitable
        rooms of Class 1, 2, 3 and 4 buildings located in a transport noise corridor are designed and
        constructed to reduce transport noise. Transport noise corridor means land designated under
        Chapter 8B of the Building Act 1975 as a transport noise corridor. A free online search tool can
        be used to find out whether a property is located in a designated transport noise corridor. This
        tool is available online at: https://www.business.qld.gov.au/industries/building-property-
        development/building-construction/laws-codes-standards/queensland-development-
        code/transport-noise-corridors. This tool allows searches on a registered lot number and/or
        property address to determine whether and how the QDC applies to the land.
3.      Road works approval
        Under section 33 of the Transport Infrastructure Act 1994, written approval is required from the
        Department of Transport and Main Roads to carry out road works on a state-controlled road.
        Please contact the Department of Transport and Main Roads’ on
        [email protected] with the completed application form and supporting
        information to make an application for road works approval. This approval must be obtained
        prior to commencing any works on the state-controlled road reserve. The approval process
        may require the approval of engineering designs of the proposed works, certified by a
        Registered Professional Engineer of Queensland (RPEQ). Please contact the Department of
        Transport and Main Roads’ as soon as possible to ensure that gaining approval does not delay
        construction. Further information on applying for road works approval is available here:
        https://www.tmr.qld.gov.au/Community-and-environment/Planning-and-development/Other-
        matters-requiring-approval#roadworks.
4.      Public utility works and connection approval
        The applicant is advised that if any works and/or connections are required to public utility
        services within a State-controlled road corridor, approval must be given by the Department of
        Transport and Main Roads under the relevant public utility legislation (electricity, water/sewer,
        telecommunication), and in accordance with TMR technical standards (TN163). Approvals must
        be obtained prior to commencing any utility works within the state-controlled road corridor.
        Please contact the public utility team via [email protected] for further information on
        the application and approval process.




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Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for SARA’s decision
 The development application is for a development permit foe material change of use for a dwelling
   house.
 The development site is located at 56 Reserve Street, Pomona, formally described as Lot 188 on
   MCH1261.
 Reserve Street at this location is a state-controlled road and the development requires access from
   the subject site to the state-controlled road.
 The development therefore required referral to SARA for assessment against the State Development
   Assessment Provisions (SDAP) version 3.0, State code 1: Development in a state-controlled road
   environment (State code 1).
 SARA has assessed the development against State code 1 and found that the development
   complies, subject to a condition to:
       o ensure the road access location to the state-controlled road from the site does not
           compromise the safety and efficiency of the state-controlled road
       o maintain the safety and efficiency of the state-controlled road by reducing the number of road
           access.

Material used in the assessment of the application
 The development application material and submitted plans
 Planning Act 2016
 Planning Regulation 2017
 SDAP (version 3.0), as published by SARA
 The Development Assessment Rules
 SARA DA Mapping system
 Human Rights Act 2019.




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Attachment 4—Change representation provisions
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Attachment 5—Approved plans and specifications
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