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DILGP_CAR with conditions_SDA-0816-032888 (I)

Attached to the e-mail Referral agency response MCU16/0090.

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Our reference:       SDA-0816-032888
Council reference:   MCU16/0090
Your reference:      SUN/010816


7 November 2016

Brett de Chastel
The Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565

Attention: Glen Conforti



Dear Sir / Madam,

Concurrence agency response—with conditions
468 Mckinnon Drive Cooroibah QLD 4565 – Lot 2 RP214534
(Given under section 285 of the Sustainable Planning Act 2009)


The referral agency material for the development application described below was received
by the Department of Infrastructure, Local Government and Planning under section 272 of
the Sustainable Planning Act 2009 on 28 September 2016.

Applicant details
Applicant name:                    Sunshine Butterflies
                                   C/- RG Strategic
Applicant contact details:         PO Box 1818
                                   NOOSA HEADS Queensland 4567
                                   [email protected]

Site details
Street address:                    468 Mckinnon Drive COOROIBAH QLD 4565
Lot on plan:                       Lot 2 RP214534
Local government area:             Noosa Shire Council




Page 1
                                                                   SEQ North Region
                                                                   Level 8, Mike Ahern Building
                                                                   12 First Avenue
                                                                   PO Box 1129 Maroochydore QLD 4558
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Page 2

                                                                                            SDA-0816-032888


Application details
Proposed development:                     Development Permit for Material Change of Use –
                                          Wellbeing Type 2 - Social

Aspects of development and type of approval being sought
    Nature of      Approval        Brief Proposal of Description                        Level of
  Development        Type                                                             Assessment
 Material Change Development Wellbeing Type 2 - Social - Respite                      Impact
 of Use          permit        Centre - Charity organisation                          Assessment
                               providing support and respite services
                               for all ages and abilities. - Respite
                               house, office, therapy room, sheds,
                               horticultural training sheds, first aid
                               training room, café/kitchen, library, gift
                               shop, hobby farm activities, animal
                               compound, physical recreation area,
                               outdoor horticultural area - refer
                               Landscape Concept Plan - Our
                               Backyard - 002.

Referral triggers
The development application was referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:
Referral trigger                  Schedule 7, Table 3, Item 1 – State-controlled road – material
                                  change of use.

Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in
Attachment 1 must be attached to any development approval.

Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department must set out the
reasons for the decision to impose conditions. These reasons are set out in Attachment 2.

Further advice
Under section 287(6) of the Sustainable Planning Act 2009, the department offers advice
about the application to the assessment manager—see Attachment 3.

Approved plans and specifications
The department requires that the following plans and specifications set out below and in
Attachment 4 must be attached to any development approval.




Department of Infrastructure, Local Government and Planning                                 Page 2

Page 3

                                                                                            SDA-0816-032888



  Drawing/Report                      Prepared by                 Date        Drawing no.       Revision
       Title
Aspect of development: Material Change of Use - Wellbeing Type 2 – Social (Respite
Centre)
Landscape Concept               Sunshine Gardens              20              L002          A
Plan, as amended in                                           September
red on 4/11/16 by                                             2015
TMR
Basic Right Turn                TOD engineers and             28 July 2016    16520_SK1     A
Lane Treatment                  project managers
(BAR) Layout Plan

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

For further information, please contact Rebecca Taylor, Principal Planning Officer, SARA SEQ
North on 3882 8411, or email [email protected] who will be pleased to assist.

Yours sincerely




Rebecca de Vries
A/ Manager (Planning)

cc:       Sunshine Butterflies C/- RG Strategic, [email protected]
enc:      Attachment 1—Conditions to be imposed
          Attachment 2—Reasons for decision to impose conditions
          Attachment 3—Further advice
          Attachment 4—Approved Plans and Specifications




Department of Infrastructure, Local Government and Planning                                 Page 3

Page 4

                                                                                            SDA-0816-032888




Our reference:          SDA-0816-032888
Council reference:      MCU16/0090
Your reference:         SUN/010816


Attachment 1—Conditions to be imposed


No.        Conditions                                                              Condition timing

Development Permit – Material Change of Use – Wellbeing Type 2 - Social

Schedule 7, Table 3, Item 1 – State-controlled road – material change of use —Pursuant to section
255D of the Sustainable Planning Act 2009, the chief executive administering the Act nominates
the Director-General of the Department of Transport and Main Roads to be the assessing authority
for the development to which this development approval relates for the administration and
enforcement of any matter relating to the following condition(s):

In accordance with approved plans

1.         The development must be carried out generally in accordance             Prior to the
           with the following plans:                                               commencement of
                                                                                   use and to be
                      Landscape Concept Plan, prepared by Sunshine                maintained at all
                       Gardens, dated 20 September 2015, drawing no. L002,         times.
                       Revision A, as amended in red on 4/11/16 by TMR; and

                      Basic Right Turn Lane Treatment (BAR) Layout, prepared
                       by TOD engineers and project managers, dated 28 July
                       2016, drawing no. 16520_SK1, revision A

Vehicular access to the state-controlled road
                                                                                   (a) At all times.
2.         (a)       The road access location(s), is to be located generally in
                     accordance with:

                     Landscape Concept Plan, prepared by Sunshine Gardens,
                     dated 20 September 2015, drawing no. L002, Revision A,
                     as amended in red on 4/11/16 by TMR.


                                                                                   (b) Prior to the
           (b)       Road access works comprising a Basic Right Turn (BAR)
                                                                                       commencement
                     and Basic Left Turn (BAL) treatment for the entry driveway,       of use and to be
                     and a rural driveway standard (both driveways) must be            maintained at all
                     provided at the road access location(s).                          times.


           (c)    The road access works must be designed and constructed           (c) Prior to the
                  in accordance with:                                                  commencement
                                                                                       of use and to be
                 - IPWEA RS-056 Driveway 4.0m width and sealed from the
                                                                                       maintained at all
                    edge of the sealed road shoulder to the property                   times.
                    boundary, with minimum 450mm dia. RCP culvert and
                    sloping headwalls; and




Department of Infrastructure, Local Government and Planning                                   Page 4

Page 5

                                                                                         SDA-0816-032888




No.        Conditions                                                           Condition timing
                -     TMR’s Road Planning and Design Manual.

Removal of redundant road access works

3.         The existing vehicular property access as detailed in Landscape      Prior to the
           Concept Plan, prepared by Sunshine Gardens, dated 20                 commencement of
           September 2015, drawing no. L002, Revision A, as amended in          the use.
           red on 4/11/16 by TMR must be permanently closed and
           removed.

Design Vehicle and traffic volume

4.         The road access location is restricted to an entry only (western     At all times.
           driveway) and exit only (eastern driveway) arrangement, as
           detailed in Landscape Concept Plan, prepared by Sunshine
           Gardens, dated 20 September 2015, drawing no. L002, Revision
           A, as amended in red on 4/11/16 by TMR.

Stormwater management

5.         (a) Stormwater management of the development must ensure no
                                                                                (a) At all times.
               worsening or actionable nuisance to the state-controlled road.

           (b) Any works on the land must not:
               i. create any new discharge points for stormwater runoff
                  onto the state-controlled road;                               (b) At all times.
              ii. interfere with and/or cause damage to the existing
                  stormwater drainage on the state-controlled road;
             iii. surcharge any existing culvert or drain on the state-
                  controlled road;
             iv.  reduce the quality of stormwater discharge onto the state-
                  controlled road.

            (c) RPEQ certification must be provided to the Department of
                Transport and Main Roads, confirming that the development       (c) Prior to the
                has been designed and constructed in accordance with                commencement
                parts (a) and (b) of this condition.                                of use.




Department of Infrastructure, Local Government and Planning                                Page 5

Page 6

                                                                                         SDA-0816-032888




Our reference:          SDA-0816-032888
Council reference:      MCU16/0090
Your reference:         SUN/010816


Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:

         To ensure the development is carried out generally in accordance with the plans of
          development submitted with the application;

         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;

         To maintain the safety and efficiency of the state-controlled road by reducing the number of
          road access;

         To ensure the turning movements of vehicles entering and exiting the premises via the road
          access maintains the safety and efficiency of the state-controlled road; and

         To ensure that the impacts of stormwater events associated with development are minimised
          and managed to avoid creating any adverse impacts on the state-transport corridor.




Department of Infrastructure, Local Government and Planning                                Page 6

Page 7

                                                                                           SDA-0816-032888




Our reference:          SDA-0816-032888
Council reference:      MCU16/0090
Your reference:         SUN/010816



Attachment 3—Further advice

Advice to the Assessment Manager (SPA s287(6))
General advice
1.       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:
         http://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.
Further development permits, compliance permits or compliance certificates
2.       Compliance contact details:
         Pursuant to section 255D of the Sustainable Planning Act 2009, the Department of Transport
         and Main Roads (TMR) has been nominated by the Chief Executive of the Department of
         Infrastructure Local Government and Planning as the entity responsible for the administration
         and enforcement of concurrence agency conditions within TMR’s area of interest.


         The development must obtain a letter from TMR detailing satisfaction of compliance prior to
         commencement of use or final inspection certificate or certificate of classification, whichever
         occurs first.

         The developer is advised an application for compliance assessment can be made to the
         Development Assessment Team via [email protected] of the Department of
         Transport and Main Roads (Please quote TMR16-018356).
3.       Road access works approval: Under sections 62 and 33 of the Transport Infrastructure Act
         1994, written approval is required from the Department of Transport and Main Roads to carry
         out road works that are road access works (including driveways) 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 Transport and Main Roads as
         soon as possible to ensure that gaining approval does not delay construction.




Department of Infrastructure, Local Government and Planning                                  Page 7

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                                                                                    SDA-0816-032888




Advice for the Assessment Manager
Compliance:
Pursuant to section 255D of the Sustainable Planning Act 2009, the Department of Transport and Main
Roads (TMR) has been nominated by the Chief Executive of the Department of Infrastructure Local
Government and Planning as the entity responsible for the administration and enforcement of
concurrence agency conditions within TMR’s area of interest.

TMR request Council obtain evidences that TMR’s conditions have been satisfied (letter from TMR
detailing satisfaction of compliance) prior to commencement of use.




Department of Infrastructure, Local Government and Planning                          Page 8

Page 9

                                                              SDA-0816-032888




Our reference:          SDA-0816-032888
Council reference:      MCU16/0090
Your reference:         SUN/010816



Attachment 4—Approved plans and specifications

This page has been intentionally left blank.




Department of Infrastructure, Local Government and Planning    Page 9

Page 10

SARA - Plan with amendments in red
Date: 4/11/16 by TMR




    Permitted Access Location        Existing Access to   Permitted Access Location
    - Ingress Only                   be removed           - Egress Only

Page 11

 

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