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2605-52275 SRA - Response with conditions

Attached to the e-mail SARA response with conditions - MCU23/0007 & RAL23/0001.

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RA6-N




SARA reference:        2605-52275 SRA
Council reference:     MCU23/0007 & RAL23/0001
Applicant reference:   0676



11 June 2026

Chief Executive Officer
Noosa Shire Council
[email protected]

Attention:       Ben Micallef


Dear Mr Micallef


SARA referral agency response— 45 and 47A Maple Street
and 9 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 State
Assessment and Referral Agency (SARA) on 25 May 2026.


Response
Outcome:                            Referral agency response – with conditions
Date of response:                   11 June 2026
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
                                                               Dwelling (Affordable Rental Premises – 19
                                                               Small Dwelling Units)
                                                               Reconfiguration of a Lot – 4 Lots into 2
                                                               Lots

SARA role:                         Referral agency
SARA trigger:                      Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1

                                                                             SEQ (North) Regional Office
                                                                             PO Box 1129, Maroochydore
 Page 1 of 7                                                                 QLD 4558

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Page 2

                                                                                                  2605-52275 SRA




                                        (Planning Regulation 2017)

                                        Material change of use of premises near a state transport corridor
SARA reference:                         2605-52275 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         45 and 47A Maple Street and 9 Myall Street, Cooroy
Real property description:              Lot 18 on C5605, Lot 2 on RP99323, Lot 1 on RP99323, Lot 15 on
                                        C5605
Applicant name:                         Myall Rise Pty Ltd
                                        C/- Pivotal Perspective Pty Ltd
Applicant contact details:               [email protected]


Human 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 Jodie Wilson, Senior Planning Officer, on 5352 9778 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Sallie Battist
A/Director

cc       Myall Rise 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 2 of 7

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                                                                                                       2605-52275 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 of premises near a state transport corridor —The chief executive
 administering the Planning Act 2016 nominates the Director-General of the Department of Transport
 and Mian 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(s):
 1.       (a) Noise attenuation measures to achieve the following noise                 Prior to the
              criteria must be provided:                                                commencement of use
                                                                                        and to be maintained at
              (i) Balconies on the upper level of the east and south (Myall
                                                                                        all times.
                  Street) facing elevations as shown on Site Elevations,
                  prepared by Push, dated 16 April 2026, drawing number
                  2000, issue B must include balustrades that are solid, gap-
                  free and continuous for their complete length other than gaps
                  required for drainage purposes in accordance with the
                  Building Code of Australia.

              (ii) Fencing provided along the eastern and southern boundary
                   adjacent the State-controlled road is to be solid gap-free
                   fence, or other solid gap free structure

           (b) Noise attenuation measure must be a continuous solid gap-free
               structure, constructed of glass, concrete blocks, bricks or fibre
               cement sheeting, or balustrade, other than gaps required for
               drainage purposes in accordance with the Building Code of
               Australia.
 2.      (a) Close and remove the existing vehicular property access located            Prior to the
             between 18C5605 and Myall Street.                                          commencement of use.

         (b) The road works to close and remove access, referred to in part
             (a) of this condition, must be in accordance with the Department
             of Transport and Main Roads’ Road Planning and Design
             Manual, 2nd Edition. The road works must:
            (i) remove the driveway crossover and any drainage structure/s
                  beneath the driveway;
            (ii) reinstate the kerb and channel;
            (iii) reinstate road pavement after closure and removal;
            (iv) establish a pedestrian pathway; and
            (v) reinstate the table drain and/or grass footpath between the
                  pavement edge and the property boundary.
 3.      Direct access is not permitted between Myall Street and the subject            At all times
         site.
 4.      (a) Stormwater management of the development must not cause                     (a) At all times.
             worsening to the operating performance of the state transport
             corridor mode, such that any works on the land must not:                    (b) Prior to obtaining
               i.   create any new discharge points for stormwater runoff                    development
                    onto the state transport corridor mode                                   approval for
              ii.   concentrate or increase the velocity of flows to state                   operational work.
                    transport corridor mode


 State Assessment and Referral Agency                                                                     Page 3 of 7

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                                                                                          2605-52275 SRA




             iii.   interfere with and/or cause damage to the existing          (c) Within 20 business
                    stormwater drainage on the state transport corridor mode        days of the
             iv.    surcharge any existing culvert or drain on the state            completion of
                    transport corridor mode                                         works.
             v.     reduce the quality of stormwater discharge onto the state
                    transport corridor mode
             vi.    impede or interfere with any overland flow or hydraulic
                    conveyance from the state transport corridor mode
            vii.    reduce the floodplain immunity of the state transport
                    corridor mode

        (b) Submit RPEQ certification with supporting documentation to
            [email protected] within the Department of
            Transport and Main Roads, confirming that the development has
            been designed in accordance with part (a) of this condition.

        (c) Submit RPEQ certification with supporting documentation to
            [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.




State Assessment and Referral Agency                                                         Page 4 of 7

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                                                                                               2605-52275 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 3.6). If a word remains
        undefined it has its ordinary meaning.
2.      The Department of Transport and Main Roads (TMR) is progressing planning for the Cooroy
        Connection Road, Bruce Hwy to Diamond St planning. The project intends to investigate
        upgrades that manage congestion and improve traffic flow during peak periods. While the
        property falls within the area of investigation, at this time, TMR has no land requirements for
        the property. For further information regarding this project, please contact TMR on
        [email protected] or Further information is available on: Cooroy intersection
        improvements | Department of Transport and Main Roads
3.      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://sppims-
        dams.dsdilgp.qld.gov.au/spp/?tab=layers. This tool allows searches on a registered lot number
        and/or property address to determine whether and how the QDC applies to the land.
4.      Road works approval: Under section 33 of the Transport Infrastructure Act 1994, written
        approval is required from the Department of Transport and Main Roads (TMR's) to carry out
        road works on a state-controlled road prior to the works commencing. Please contact TMR on
        [email protected] with the completed application form and supporting
        information to make an application for road works approval. As part of the application process
        detailed engineering designs the proposed works, certified by a Registered Professional
        Engineer of Queensland will be required. The detailed design must demonstrate how the
        proposed works will comply with TMR's Road Planning and Design Manual, 2nd Edition
        (RPDM), technical standards and policies. TMR advises that any design submitted through the
        development application process is conceptual in nature and has not been reviewed in detail to
        confirm that all aspects of the design, including (but not limited to) provision for vulnerable road
        users, signals, lighting, and pavement design, meets TMR requirements.

        To ensure that gaining approval does not delay construction please contact TMR as soon as
        possible. Further information on applying for road works approval is available here:
        www.tmr.qld.gov.au/Community-and-environment/Planning-and-development/Other-matters-
        requiring-approval#roadworks
5.      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.




State Assessment and Referral Agency                                                              Page 5 of 7

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                                                                                           2605-52275 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 multiple dwelling (affordable rental
   premises – 19 small dwelling units) and reconfiguration of a lot (4 Lots into 2 Lots) on land at 45 and
   47a Maple Street and 9 Myall Street, Cooroy, properly described as Lot 18 on C5605, Lot 2 on
   RP99323, Lot 1 on RP99323 and Lot 15 on C5605 (the subject site)
 The subject site is currently mapped under the State Development Assessment Mapping System
   (DAMS) as being within 25m of Myall Street (which is a State transport corridor)
 The application requires assessment by SARA against the State Development Assessment
   Provisions (SDAP), version 3.6, 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
   with the assessment benchmarks of State code 1 of SDAP subject to conditions to ensure:
       o Removal of the existing access driveway within the state-controlled road corridor and
            reinstatement of the area to be consistent with the surrounding road corridor environment.
       o Stormwater management of the development must not cause worsening to the operating
            performance of the state transport corridor
       o Acoustic mitigation measures are installed to minimise noise intrusions on the development
            from the state transport corridor.


Material used in the assessment of the application:

      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP (version 3.6), as published by SARA
      the Development Assessment Rules
      SARA DA Mapping system
      State Planning Policy 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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                                                  2605-52275 SRA




Attachment 5—Documents referenced in conditions
(page left intentionally blank)




 State Assessment and Referral Agency                Page 7 of 7

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