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2301-32803 SRA - Response with conditions
Attached to the e-mail MCU22/0209 - SRA application correspondence - Referral agency response – with conditions.
RA6-N SARA reference: 2301-32803 SRA Council reference: MCU22-0209 Applicant reference: 002622 13 February 2023 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Attention: Lisa Pienaar Dear Sir/Madam SARA referral agency response—515 Cooroy Noosa Road, Tinbeerwah (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 11 January 2023. Response Outcome: Referral agency response – with conditions Date of response: 13 February 2023 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 short term accommodation SARA role: Referral agency SARA trigger: Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 (Planning South East Queensland (North) regional office Level 4, Foundation Place 3 South Sea Islander Way, Maroochydore Page 1 of 7 PO Box 1129, Maroochydore QLD 4558
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2301-32803 SRA
Regulation 2017)
Development application for a material change of use within 25m of a
state-controlled road
SARA reference: 2301-32803 SRA
Assessment manager: Noosa Shire Council
Street address: 515 Cooroy Noosa Road, Tinbeerwah
Real property description: Lot 246 on RP855941
Applicant name: Quade Holdings Pty ltd
Applicant contact details: C/- RG Strategic
PO Box 1818
Noosa Heads QLD 4567
[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: TMR23-038368
Date: 9 February 2023
If you are seeking further information on the road access permit,
please contact the Department of Transport and Main Roads at
[email protected] Rights Act 2019 A consideration of the 23 fundamental human rights protected under
considerations: the Human Rights Act 2019 has been undertaken as part of this
decision. It has been determined that this decision does not limit
human rights.
Representations
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 Ruth Creffield, Senior Planning Officer, on 5352 9775 or via email
[email protected] who will be pleased to assist.
State Assessment and Referral Agency Page 2 of 7
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2301-32803 SRA
Yours sincerely
Jamaica Hewston
Manager
cc Quade Holdings Pty ltd, [email protected]
enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations about a referral agency response provisions
Attachment 5 - Documents referenced in conditions
State Assessment and Referral Agency Page 3 of 7
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2301-32803 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 documents referenced below are found at Attachment 5)
No. Conditions Condition timing
Material change of use
10.9.4.2.4.1 – Material change of use near a 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
condition:
1. The permitted road access location must be maintained and located To be maintained at all
generally in accordance with Site Plan, prepared by RJ Strategic, times.
dated 08/12/22, reference 002622 and revision A, as amended in red
by SARA on 13 February 2023.
State Assessment and Referral Agency Page 4 of 7
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2301-32803 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 (SDAP) (version 3.0). 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. 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’ (DTMR) 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 DTMR’s Advertising Manual 2017 can be found at the following link:
https://www.tmr.qld.gov.au/business-industry/Technical-standards-publications/Roadside-
advertising-manual.
State Assessment and Referral Agency Page 5 of 7
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2301-32803 SRA
Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The reasons for the SARA’s decision are:
The proposed development is for a material change of use for short-term accommodation.
The subject site is located within 25 metres of a state-controlled road.
SARA assessed the development application against State code 1: Development in a state-controlled
road environment of the State Development Assessment Provisions (SDAP), version 3.0 and
determined that with conditions, the development achieves compliance with the performance
outcomes of the State code to:
o to 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.
Material used in the assessment of the application:
the development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
the SDAP (version 3.0), as published by SARA
the Development Assessment Rules
SARA DA Mapping system
section 58 of the Human Rights Act 2019
Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)
State Assessment and Referral Agency Page 6 of 7
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2301-32803 SRA Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 7 of 7