2603-51047 SRA Response with conditions

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                                                                                                2603-51047 SRA




SARA reference:                         2603-51047 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         49 Overlander Avenue, Cooroy
Real property description:              Lot 57 on RP180653
Applicant name:                         Evelyne Atkinson
                                        C/- Project Urban Pty Ltd
Applicant contact details:               PO Box 6380
                                         MAROOCHYDORE BC QLD 4558
                                         [email protected]


Human Rights Act 2019                   The decision has been assessed for compatibility with human rights
considerations:                         under the Human Rights Act 2019. The decision was found not to limit
                                        human rights under the Human Rights Act 2019 therefore it is
                                        reasonable to conclude the decision is compatible with 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 Helen Reilly, Planning Officer, on 4037 3239 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc      Evelyne Atkinson, [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




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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)


 No.     Conditions                                                                     Condition timing
 10.9.4.2.1.1 – Reconfiguring a lot 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(s):
 1.      Stormwater management of the development must not cause                        At all times.
         worsening to the operating performance of the state transport
         corridor, such that any works on the land must not:
              create any new discharge points for stormwater runoff onto the
               state transport corridor
              concentrate or increase the velocity of flows to state transport
               corridor
              interfere with and/or cause damage to the existing stormwater
               drainage on the state transport corridor
              surcharge any existing culvert or drain on the state transport
               corridor
              reduce the quality of stormwater discharge onto the state
               transport corridor
              impede or interfere with any overland flow or hydraulic
               conveyance from the state transport corridor
              reduce the floodplain immunity of the state transport corridor.




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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) (version 3.5). If a word remains
        undefined it has its ordinary meaning.
Transport noise corridor
2.      Mandatory Part (MP4.4) of the Queensland Development Code (QDC) commenced on 01 Sep
        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.
        For further information on Transport Noise Corridors and assistance with the Queensland
        Development Codes, please refer to the website below:
        https://www.business.qld.gov.au/industries/building-property-development/building-
        construction/laws-codes-standards/queensland-development-code/transport-noise-corridors

Public utility works and connection approval
3.      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 (DTMR) under the relevant public utility legislation (electricity,
        water/sewer, telecommunication), and in accordance with DTMR technical standards (Non-
        Transport Utility Management and Design Manual).
        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.




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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:
      SARA assessed the development against the following code(s) of the State Development
       Assessment Provisions (SDAP), version 3.5:
           o    State code 1: Development in a state-controlled road environment.
      The development complies with the assessment benchmarks of State code 1 of SDAP in that the
       development:
           o    does not increase the likelihood or frequency of accidents, fatalities or serious injury for users
                of a state-controlled road
           o    does not adversely impact the structural integrity or physical condition of state-controlled
                roads, road transport infrastructure, public passenger transport infrastructure or active
                transport infrastructure
           o    does not adversely impact the structural integrity or physical condition of state-controlled
                roads, road transport infrastructure, public passenger transport infrastructure or active
                transport infrastructure
           o    does not adversely impact the state’s ability to plan, construct, maintain, upgrade or operate
                state-controlled roads, future state-controlled roads or road transport infrastructure
           o    protects community amenity from significant adverse impacts of environmental emissions
                generated by road transport infrastructure or vehicles using state-controlled roads.


Material used in the assessment of the application:
      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP (version 3.5), 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
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