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1909-13367 SRA RA6-N Response with conditions
Attached to the e-mail SARA Referral agency response – with conditions - MCU19/0114 & RAL19/0027.
RA6-N SARA reference: 1909-13367 SRA Council reference: MCU19/0114 RAL19/0027 Applicant reference: 462 14 February 2020 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Attention: Mr Patrick Murphy Dear Mr Murphy SARA response—30-144 Myall Street, Cooroy (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the Department of State Development, Manufacturing, Infrastructure and Planning on 30 September 2019. Response Outcome: Referral agency response – with conditions. Date of response: 14 February 2020 Conditions: The conditions in Attachment 1 must be attached to any development approval. Advice: Advice to the applicant is in Attachment 2. Reasons: The reasons for the referral agency response are in Attachment 3. Development details Description: Development permit Material change of use for Multiple housing – Type 5 (seniors living community 232 independent living units) and Entertainment and dining business – Type 2 (Cooroy Golf Club house) Development permit Reconfiguration of a lot (boundary realignment and access easement) SARA role: Referral Agency. SARA trigger: Schedule 10, part 9, division 4, subdivision 1, table 1, item 1 (Planning Regulation 2017) South East Queensland (North) regional office Mike Ahern Building, Level 3, 12 First Avenue, Maroochydore Page 1 of 15 PO Box 1129, Maroochydore QLD 4558
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1909-13367 SRA
Development application for a material change of use stated in
schedule 20 of the Planning Regulation 2017
Schedule 10, part 9, division 4, subdivision 2, table 1, item 1
(Planning Regulation 2017)
Development application for reconfiguring a lot within 25m of a
state-controlled road
Schedule 10, part 9, division 4, subdivision 1, table 1, item 1
(Planning Regulation 2017)
Development application for a material change of use within 25m of
a state-controlled road and a railway
SARA reference: 1909-13367 SRA
Assessment Manager: Noosa Shire Council
Street address: 30-144 Myall Street, Cooroy
Real property description: Lot 33 on MCH2281 and Lot 1-3 on SP115864
Applicant name: GTH Projects No. 4 Pty Ltd
Applicant contact details c/- Innovative Planning Solutions, PO Box 1043, Maroochydore
QLD 4558
State-controlled road This referral included an application for a road access location,
access permit: under section 62A(2) of Transport Infrastructure Act 1994.
Below are the details of the decision:
Approved.
Reference: TMR19-028418.
Date: 10 February 2020.
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 (section 30 of the 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 Kieran Hanna, Principal Planning Officer, on 3432 2404 or via
email [email protected] who will be pleased to assist.
Yours sincerely
Garth Nolan
Manager (Planning)
Department of State Development, Manufacturing, Infrastructure and Planning Page 2 of 15
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1909-13367 SRA
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
cc GTH Projects No. 4 Pty Ltd c/- Innovative Planning Solutions, [email protected]
Department of State Development, Manufacturing, Infrastructure and Planning Page 3 of 15
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1909-13367 SRA
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
Development permit for a material change of use for Multiple housing – Type 5 (seniors
living community of 232 independent living units) and Entertainment and dining business –
Type 2 (Cooroy Golf Club house)
Schedule 10, part 9, division 4, subdivision 1, table 1, item 1 of the Planning Regulation 2017—
State transport infrastructure and schedule 10, part 9, division 4, subdivision 2, table 4, item 1 of
the Planning Regulation 2017—State-transport corridor —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 conditions:
Railway corridor
1. The setback of the development from the railway corridor must be Prior to the
carried out generally in accordance with the following plans: commencement of
Site Context Study, prepared by Jared Poole Design, use and to be
dated 1 August 2019, drawing number DP1074/SK4.01, maintained at all
revision A; and times
Preliminary Earthworks Plan, prepared by Westera
Partners, dated 16 August 2019, S19/007 P, revision A.
Stormwater and drainage
2. (a) The development must be carried out generally in accordance (a) At all times
with the following:
Sections 3.1.2, 3.1.10, 4 and 5 of the Flood Study,
(b) Prior to the
prepared by Westera Partners, dated 11 December 2019,
commencement of
reference S19-007, revision 1; and
use
Sections 2.2 – 2.3, 3.4 – 3.6 and 6.3 Appendix AC –
Engineering Drawings of the Stormwater Management
Report, prepared by Westera Partners, dated 18
December 2019, reference S19-007, revision 1.
(b) RPEQ certification with supporting documentation must be
provided to North Coast District
([email protected]) within the Department of
Transport and Main Roads, confirming that the development
has been constructed in accordance with part (a) of this
condition.
Pedestrian access to public passenger transport
3. (a) Pedestrian crossing works across Myall Street and paved (a) & (b) Prior to the
pedestrian footpaths to each bus stop must be provided commencement of
generally in accordance with the Functional Layout – Left & use for Stage 1
Right Turn Treatment, prepared by TTM Consulting Pty Ltd,
dated 28 November 2019, drawing number 19BRT0357-05,
revision A.
(b) The pedestrian footpath must be designed and constructed in
accordance with the Department of Transport and Main
Roads' Road Planning and Design Manual and Road Safety
Department of State Development, Manufacturing, Infrastructure and Planning Page 4 of 15
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1909-13367 SRA
No. Conditions Condition timing
Policy.
4. The internal pedestrian network (verges) and pedestrian pathway Prior to the
connection to Myall Street must be provided generally in commencement of
accordance with the Master Plan, prepared by Jared Poole use for the relevant
Design, dated 3 December 2019, drawing number stage, and to be
BP1074/SK2.01, issue R; as amended in red. maintained at all
times
Public passenger transport
5. (a) The applicant must provide a pair of bus stops on Myall (a) - (c) Prior to the
Street at the locations shown on the Functional Layout – commencement of
Left & Right Turn Treatment, prepared by TTM Consulting use for Stage 1
Pty Ltd, dated 28 November 2019, drawing number
19BRT0357-05, revision A.
(b) Each bus stop must be in accordance with the Disability
Standards for Accessible Public Transport 2002 made
under subsection 31(1) of the Disability Discrimination Act
1992 and include the following components in accordance
with the Department of Transport and Main Roads’
TransLink Public Transport Infrastructure Manual 2015:
(i) all mandatory bus stop components for an
‘Intermediate Stop’ detailed in Section 5.7 - ‘Bus
stop components’ (pages 30-41) of Chapter 5 -
‘Bus stop infrastructure’;
(ii) a J-pole sign with timetable case in accordance
with Figure 5.11 – ‘Bus stop identification markers’
(page 50) and Table 5.9 - ‘Stop signage/stop
marker’ (page 35) of Chapter 5 - ‘Bus stop
infrastructure’, and Sign Type IS-10b ‘Bus Stop – J
Pole Sign (TransLink)’ (sections 4.26.1 – 4.27,
page 63-65) of the Signage Manual – Bus Network
Infrastructure, TransLink Division, Department of
Transport and Main Roads, December 2016;
(iii) a disability compliant shelter and seat must be
provided in accordance with Noosa Council
requirements and Table 5.9 – ‘TransLink
requirements for bus stop components – bus stop
furniture – shelters and seating’ (page 38) of
Chapter 5 – ‘Bus Stop Infrastructure’;
(iv) an indented bus zone to accommodate the set
down of a single unit rigid bus of 12.5m in length in
accordance with Section 5.6.3.1 – ‘Bus stop length
requirements’, ‘Table 5.7: Minimum bus stop
length requirements’ (pages 28-29) of Chapter 5 –
‘Bus stop infrastructure’ and Table 5-4: ‘Bus stop
arrangements’ (bus bay width a minimum of 3m
excluding cycle lanes and tapers for the speed
environment) of Chapter 5 – ‘Bus stop
infrastructure’; and
(v) hardstand and access in accordance with DRG5 –
0022 – ‘Intermediate Stop – Site Layout – With
Indented Bus Bay’.
(c) RPEQ certification must be provided to the North Coast
Department of State Development, Manufacturing, Infrastructure and Planning Page 5 of 15
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1909-13367 SRA
No. Conditions Condition timing
Region ([email protected]) within the
Department of Transport and Main Roads confirming that the
development has been constructed in accordance with parts
(a) and (b) of this condition.
6. Roadworks to Myall Street must be designed and constructed to Prior to the
be in accordance with the following to accommodate a single unit commencement of
rigid bus of 12.5m in length: use for Stage 1
Department of Transport and Main Roads Road Planning
and Design Manual, 2nd Edition, Volume 3 – Guide to
Road Design (March 2016);
Department of Transport and Main Roads Supplement to
Austroads Guide to Road Design (Parts 3, 4-4C and 6);
Austroads Guide to Road Design (Parts 3, 4-4C and 6);
Austroads Design Vehicles and Turning Path Templates;
Department of Transport and Main Roads Queensland
Manual of Uniform Traffic Control Devices, Part 13 Local
Area Traffic Management (March 2018); and
Chapter 2 - Planning and Design, Section 2.3.2 Bus
Route Infrastructure (page 6) of the Department of
Transport and Main Roads Public Transport Infrastructure
Manual 2015.
7. Roadworks to Myall Street must be designed and constructed in Prior to the
accordance with the following to accommodate cyclists: commencement of
use for Stage 1
Department of Transport and Main Roads Road Planning
and Design Manual.
Department of Transport and Main Roads Cycle
Infrastructure Policy.
Vehicular access to state-controlled road
8. (a) The road access locations are to be located generally in (a) At all times
accordance with Master Plan, prepared by Jared Poole
Design, dated 3 December 2010, reference BP1074/SK2.01,
issue R; as amended in red (b) - (d) Prior to the
commencement of
use and to be
(b) Road access works comprising the Main Access must be
provided generally in accordance with: maintained at all
times
(i) Institute of Public Works Engineering Australasia
(IPWEA) Standard Drawing RS-051 Rev H, General
Wide Flared, Driveways Heavy Duty Vehicle
Crossing; and
(ii) Channelised Right Turn and Auxiliary Left Turn
Treatment (CHR and AUL) turn treatments from Myall
St into Lot 2 on SP115864;
at the road access location.
(c) Road access work comprising the Emergency Access must
be provided Generally in accordance with Institute of Public
Works Engineering Australasia (IPWEA) Standard Drawing
RS-056 Rev F, Driveways Rural Driveway, at the road access
location.
Department of State Development, Manufacturing, Infrastructure and Planning Page 6 of 15
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1909-13367 SRA
No. Conditions Condition timing
(d) The road access works must be designed and constructed in
accordance with the Department of Transport and Main
Roads' Road Planning and Design Manual.
9. The emergency access is for use by emergency vehicles only as At all times
defined by Transport Operations (Road Use Management – Road
Rules) Regulation 2009 and must be gated and remain locked at
all other times.
10. (a) All redundant existing vehicular property access located Prior to the
between the proposed development and Cooroy Connection commencement of
Road must be permanently closed and removed. use
(b) The verge, including, but not limited to, local government
footpath, between the pavement edge and the property
boundary must be reinstated in accordance with the
Department of Transport and Main Roads' Road Planning and
Design Manual, standard drawings and specifications at no
cost to the Department of Transport and Main Roads'.
Managing noise impacts
11. (a) Noise attenuation measures to achieve the following noise (a) - (c) Prior to the
criteria must be provided: commencement of
(i) A noise barrier to meet the following external noise use and to be
criteria for the state-controlled road: maintained at all
For all facades of accommodation activities: times
≤60 dB(A) L10 (18 hour) façade corrected
(measured L90 (8 hour) free field between 10pm
and 6am ≤40 dB(A)).
≤63 dB(A) L10 (18 hour) façade corrected
(measured L90 (8 hour) free field between 10pm
and 6am >40 dB(A)).
For all outdoor spaces for passive recreation (private,
communal and public):
≤57 dB(A) L10 (18 hour) free field (measured L90
(18 hour) free field between 6am and 12 midnight
≤45 dB(A)).
≤60 dB(A) L10 (18 hour) free field (measured L90
(18 hour) free field between 6am and 12 midnight
>45 dB(A)).
(b) The noise barrier required in part (a) of this condition, must be
designed and constructed in accordance with:
Department of Transport and Main Roads' Road
Traffic Noise Management Code of Practice Chapter
7 integrated noise barrier design, Specifications
MRS15 and MRTS15; and
Standard Drawings Road Manual, Part 13.
(c) RPEQ certification with supporting documentation, including a
revised Acoustic Report, must be provided to the North Coast
District ([email protected]), within the
Department of Transport and Main Roads, confirming that the
Department of State Development, Manufacturing, Infrastructure and Planning Page 7 of 15
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1909-13367 SRA
No. Conditions Condition timing
development has been designed in accordance with parts (a)
and (b) of this condition.
Filling and excavation
12. (a) Any excavation, filling/backfilling/compaction, retaining (a) At all times
structures, stormwater management measures, services,
batters and other works involving ground disturbance must not
encroach or de-stabilise the state-controlled road. (b) Prior to the
commencement of
use
(b) RPEQ certification with supporting documentation must be
provided to North Coast District at
([email protected]) within the Department of
Transport and Main Roads', confirming that the development
has been constructed in accordance with part (a) of this
condition.
Development permit for reconfiguring a lot (boundary realignment and access easement)
Schedule 10, part 9, division 4, subdivision 2, table 1, item 1 of the Planning Regulation 2017—
State transport corridor—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 conditions:
13. (a) The road access locations are to be located generally in (a) At all times
accordance with Proposed Reconfiguration Lots 1, 2 & 3
SP1159864, prepared by DSQ Land Surveyors, dated 7
August 2019, reference 13422-PRO-01, revision C. (b) – (c) Prior to
submitting the Plan of
Survey to the local
(b) Road access works comprising the Main Access must be
provided generally in accordance with: government for
approval and to be
(i) Institute of Public Works Engineering Australasia
(IPWEA) Standard Drawing RS-051 Rev H, General maintained at all
Wide Flared, Driveways Heavy Duty Vehicle times
Crossing; and
(ii) Channelised Right Turn and Auxiliary Left Turn
Treatment (CHR and AUL) turn treatments from Myall
St into Lot 2 on SP115864;
at the road access location.
(c) The road access works must be designed and constructed in
accordance with the Department of Transport and Main
Roads' Road Planning and Design Manual.
14. (a) Any redundant existing vehicular property access located (a) & (b) Prior to
between the proposed development and Myall Street/Cooroy submitting the Plan of
Connection Road must be permanently closed and removed. Survey to the local
government for
(b) The verge, including, but not limited to, local government approval
footpath, between the pavement edge and the property
boundary, must be reinstated in accordance with the
Department of Transport and Main Roads' Road Planning and
Design Manual, standard drawings and specifications at no
cost to the Department of Transport and Main Roads.
Department of State Development, Manufacturing, Infrastructure and Planning Page 8 of 15
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1909-13367 SRA Department of State Development, Manufacturing, Infrastructure and Planning Page 9 of 15
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1909-13367 SRA
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 v2.5 (SDAP). 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://spp.dsdip.esriaustraliaonline.com.au/geoviewer/map/planmaking 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. Landscaping: Any proposed landscaping, including establishment and full maturity, must
not compromise safety on the state-controlled road. The applicant is advised that all non-
frangible plant species are to be located outside of the clear zone on the state-controlled
road and must be appropriately setback from any overhead electrical and lighting
infrastructure. The provision of landscaping within the state-controlled road reserve requires
an approval under section 33 of the Transport Infrastructure Act 1994 and must be in
accordance with the requirements of the Department of Transport and Main Roads’ Road
Planning and Design Manual and the Road Landscape Manual.
4. Advertising Devices: Advertising devices have the potential to cause unsafe distraction,
glare or other nuisance to drivers, which affects safety on the sate-controlled road. Any
proposed advertising devices are to be in accordance with the Department of Transport and
Main Roads’ Roadside Advertising Manual 2017. Any advertising device at this location:
Must not exceed a maximum luminance of 300cd/m2.
Must be placed within the subject site, clear of the state-controlled road reserve
(without overhang).
Must not contain a variable message component.
Further information on the Department of Transport and Main Roads’ Roadside
Advertising Manual 2017 can be found at the following link:
https://www.tmr.qld.gov.au/business-industry/Technical-standards-
publications/Roadside-advertising-manual.
5. Design of urban bus stops: The detailed design of the proposed bus stops should be
submitted to the Department of Transport and Main Roads' TransLink Division for
endorsement prior to construction or any works commencing. Please contact the TransLink
Division on telephone number 07 3851 8700 or at [email protected] Department of Transport and Main Roads, TransLink Public Transport Infrastructure
Manual May (PTIM) 2015 and Signage Manual Bus Network Transport Infrastructure
December 2016 are available at: http://translink.com.au/about-translink/what-we-
do/public-transport-planning.
Department of State Development, Manufacturing, Infrastructure and Planning Page 10 of 15
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1909-13367 SRA
6. Bus route interference: The existing urban bus route 631 extending along Myall Street
must be able to function during the construction of the development and any associated
roadworks. Accordingly, if any temporary arrangements are required, the applicant must
reach agreement on suitable arrangements with the Department of Transport and Mains’
TransLink Division ([email protected]) prior to any construction or
works commencing.
7. 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] 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.
8. 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 reserve, 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 reserve. Please
contact the public utility team via [email protected] for further information on
the application and approval process.
9. Ancillary works and encroachments: In accordance with section 50(2) and schedule 6 of
the Transport Infrastructure Act 1994 (TIA) and part 5 and schedule 1 of the Transport
Infrastructure (State-Controlled Roads) Regulation 2006, written approval is required to
carry out ancillary works and encroachments on a state-controlled road. These development
conditions do not constitute such an approval. You will need to contact the Department of
Transport and Main Roads on 5451 7055 or at [email protected] to make
an application for a Road Corridor Permit under section 50(2) of the TIA to carry out
ancillary works and encroachments. Ancillary works and encroachments include but are not
limited to advertising signs or other advertising devices, paths or bikeways,
buildings/shelters, vegetation clearing, landscaping and planting.
Further information is available online at:
www.tmr.qld.gov.au/Community-and-environment/Planning-and-development/Other-
matters-requiring-approval/Road-Corridor-Permit.aspx
10. Compliance: The Department of Transport and Main Roads has been nominated by the
Chief Executive of the Department of State Development, Manufacturing, Infrastructure and
Planning as the entity responsible for the administration and enforcement of concurrence
agency conditions within Department of Transport and Main Roads’ area of interest.
The development must obtain a letter from Department of Transport and Main Roads
detailing satisfaction of compliance prior to the commencement of use and / or sealing of
survey plan. An application for compliance assessment can be made to Department of
Transport and Main Roads via [email protected] (please quote TMR19-
028418).
Department of State Development, Manufacturing, Infrastructure and Planning Page 11 of 15
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1909-13367 SRA
11. Noise Compliance: To ensure compliance with Condition 11, you should provide RPEQ
certification with detailed noise barrier design for review and endorsement (prior to noise
barrier construction) to ensure that the development has been designed and constructed in
accordance with part (a) of the condition and the Department of Transport and Main Roads’
Transport Noise Management Code of Practice and technical standards MRS15 and
MRTS15.
The review and endorsement of the noise barrier design, will ensure that the noise
barrier complies with the requirements of conditions and the Department of Transport
and Main Roads’ Road Traffic Noise Management Code of Practice and Technical
Standards MRS15 and MRTS15.
Department of State Development, Manufacturing, Infrastructure and Planning Page 12 of 15
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1909-13367 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reasons for the department’s decision are: The proposal does not create a safety hazard for users of a state-controlled road if conditioned to ensure the development occurs in accordance with the site plan and stormwater management reports and road access works are constructed in accordance with Department of Transport and Main Roads standards. The proposal does not compromise the structural integrity of state-controlled roads, road transport infrastructure or road works if conditioned to ensure the impacts of filling and excavation works and stormwater events are minimised and managed. The proposal does not result in a worsening of the physical condition or operating performance of state-controlled roads and the surrounding road network if conditioned to ensure the impacts of filling and excavation works and stormwater events are minimised and managed and site access occurs in accordance with the site plan and Department of Transport and Main Roads standards. The proposal does not compromise the state’s ability to construct, or significantly increase the cost to construct state-controlled roads and future state-controlled roads. The proposal does not compromise the state’s ability to maintain and operate state-controlled roads, or significantly increase the cost to maintain and operate state-controlled roads. The proposal does not create a safety hazard for users of a railway; does not compromise the structural integrity of railways; does not result in a worsening of the physical condition or operating performance of railways; does not compromise the state’s ability to construct, or significantly increase the cost to construct railways; and does not compromise the state’s ability to maintain and operate railways, or significantly increase the cost to maintain and operate railways if conditioned to ensure the development footprint and filling and excavation works occurs in accordance with the site plans and stormwater events are minimised and managed. The proposal maintains the operational performance of the transport network and provides public passenger transport infrastructure to enable development to be serviced by public passenger transport and provides safe and direct access to public passenger transport infrastructure, including access by cycling and walking. With conditions, the proposal complies with the purpose and outcomes of State code 1: Development in a state-controlled road environment, State code 2: Development in a railway environment and State code 6: Protection of state transport networks of the State Development Assessment Provisions. Material used in the assessment of the application: The development application material and submitted plans. Planning Act 2016. Planning Regulation 2017. The State Development Assessment Provisions (version 2.5), as published by the department. The Development Assessment Rules. Department of State Development, Manufacturing, Infrastructure and Planning Page 13 of 15
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1909-13367 SRA Attachment 4—Change representation provisions (page left intentionally blank) Department of State Development, Manufacturing, Infrastructure and Planning Page 14 of 15
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1909-13367 SRA Attachment 5—Approved plans and specifications (page left intentionally blank) Department of State Development, Manufacturing, Infrastructure and Planning Page 15 of 15