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DSDIP concurrence agency response with conditions - Elm St and Pearsons Rd, Cooroy MCU13_0226 (SDA-1213-006571)
Attached to the e-mail Concurrence agency response-with conditions MCU13/0226 Lot 135 MCH978 SDA-1213-006571.
SDA-1213-006571 Our reference: SDA-1213-006571 Your reference: MCU13/0226 Date: 14/05/2014 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 Dear Sir, Concurrence agency response—with conditions Elm Street and Pearsons Road, Cooroy, QLD (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 State Development, Infrastructure and Planning under section 272 of the Sustainable Planning Act 2009 on 02/12/2013. Applicant details Applicant name: Valkev Pty Ltd C/- Max Watterson & Associates Applicant contact details: Max Watterson & Associates PO Box 639 Cooroy, QLD, 4563 Site details Street address: Elm Street and Pearsons Road, Cooroy, QLD Real property description: Lot 135 MCH978 Site area: 2.023 ha Local government area: Noosa Shire Council Application details Proposed development: Preliminary Approval for Material Change of Use (24 Detached Houses) Aspects of development and type of approval being sought Preliminary Approval for Material Change of Use SEQ North Region Level 8, Mike Ahern Building 12 First Avenue Department of State Development, Infrastructure and Planning PO Box 1127 Maroochydore QLD 4558
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Page 2
SDA-1213-006571
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
Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the department requires that
the conditions set out in Attachment 1 attach to any development approval.
Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department is required
to set out the reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.
A copy of this response has been sent to the applicant for their information. For your further
information, the Department of Transport and Main Roads was consulted regarding this
development application.
If you require any further information, please contact Mr Paul Tobin, Senior Planning Officer,
on 07 3882 8410, who will be pleased to assist.
Yours sincerely
Garth Nolan
Manager (Planning)
cc: Valkev Pty Ltd C/-Max Watterson & Associates,
enc: Attachment 1—Conditions to be imposed
Attachment 2—Reasons for decision to impose conditions
SEQ North Region
Level 8, Mike Ahern Building
12 First Avenue
Department of State Development, Infrastructure and Planning PO Box 1127 Maroochydore QLD 4558
Page 3
SDA-1213-006571
Our reference: SDA-1213-006571
Your reference: MCU13/0226
Attachment 1—Conditions to be imposed
No. Conditions Condition timing
Preliminary Approval for Material Change of Use (24 Detached Houses)
State-controlled roads
Pursuant to section 255D of the Sustainable Planning Act 2009, the chief executive administering
the Sustainable Planning Act 2009, 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 conditions:
1. Development must be carried out generally in accordance Prior to the
with the following plan and report, except as modified by commencement of use
these concurrence agency conditions: and to be maintained at all
times.
# Plan of Proposed Reconfiguration of Lot 135
on MCH978, prepared by Max Watterson and
Associates, dated 28 March 2014, Ref 10-3032AZ;
and
# Rail and Traffic Noise Study, prepared by Renzo
Tonin Ron Rumble, dated 11 April 2014, reference
Q9818-01F02, Rev 1.
2. Vehicular access between Cooroy Connection Road and Lot At all times.
135 on MCH978 is not permitted.
3. (a) The management of stormwater (quantity and (a) & (b)
quality) post development must achieve a no Prior to the
worsening impact (on the pre-development commencement of use
condition) calculated for all flood events including and to be maintained at all
and up to Average Recurrence Interval (ARI) 100 times.
in accordance
with the Department of Transport and Main Roads’ Road
Drainage Manual, the Queensland Urban Drainage Manual,
Environmental Protection Act 1994, and Environmental
Protection (Water) Policy 2009. In particular, stormwater
management for the development must ensure no
worsening or actionable nuisance to the state-controlled
road network caused by peak discharges, flood levels,
frequency/duration of flooding, flow velocities, water quality,
sedimentation and scour effects.
(b) Any excavation, filling, paving, landscaping,
construction or any other works to the land must
not:
i. create any new discharge points for stormwater
runoff onto the state-controlled road;
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.
Department of State Development, Infrastructure and Planning Page1
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SDA-1213-006571
4. (a) & (b)
(a) The development must incorporate a 2.3m to 2.5 m noise Prior to the
barrier as shown in Figure 5 of the Rail and Traffic Noise commencement of use
Study, prepared by Renzo Tonin Ron Rumble, dated 11 and to be maintained at all
April 2014, reference Q9818-01F02, Rev 1. times.
(c)
(b) Noise barriers and/or earth mounds – recommended in
Prior to obtaining
the acoustic report referred to in part (a) must be designed
a final inspection
and constructed in accordance with the Department of certificate or certificate of
Transport and Main Roads’ Transport Noise Management: classification, whichever is
Code of Practice, Volume 1 – Road Traffic Noise. applicable, or prior to the
commencement of use,
(c) The applicant must provide RPEQ certification that whichever occurs first.
the development has been designed and constructed in
accordance with parts (a) and (b) of this condition.
Department of State Development, Infrastructure and Planning Page2
Page 5
Our reference: SDA-1213-006571 SDA-1213-006571
Your reference: MCU13/0226
Attachment 2—Reasons for decision to impose conditions
The reasons for this decision are:
Condition 1
# The department’s assessment of the development application was
undertaken on the basis of the cited plan and report which show how the
proposed development will be carried out.
Condition 2
# Restricting vehicle access to the state-controlled road will ensure adverse
impact for the safety and efficiency of the state-controlled road network is
minimised.
Condition 3
# The safety and efficiency of the state-controlled road can be adversely
affected by changes to stormwater runoff as a result of the proposed
development.
Condition 4
# The development is creating a noise sensitive use in proximity to a state-
controlled road.
Findings on material questions of fact
Condition 1
# The plans submitted by the applicant show how the proposed development
will be carried out.
Condition 2
# SDAP Code 19.1
o No access is shown or proposed to the State-controlled road, and
accordingly it is considered the proposal complies with PO1 – PO9;
o A condition is imposed to ensure ongoing compliance with PO1 –
PO9.
Condition 3
# SDAP Code 18.3
o The subject lot abuts a State-controlled road (Cooroy Connection
Road);
o A ‘no worsening’ condition is imposed to ensure ongoing compliance
with PO1 – PO3;
o Technical advice indicates the proposed development can be
supported subject to conditions.
Condition 4
# SDAP Code 1.1
o The proposed development is classified as noise sensitive in
accordance with PO1;
o The noise mitigation measures proposed in the submitted acoustic
report will ensure compliance with PO1. A condition requiring the
development be constructed in accordance with the report will
ensure compliance;
o Technical advice indicates the proposed development can be
supported subject to conditions.
Evidence or other material on which the findings were based
# Development application;
# Information response dated 14/04/14;
Department of State Development, Infrastructure and Planning Page3
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SDA-1213-006571
# State Development Assessment Provisions published by the Department of
State Development, Infrastructure and Planning;
# Sustainable Planning Act 2009 & Sustainable Planning Regulation 2009;
# Transport Infrastructure Act 1994;
# Department of Transport and Main Roads’ Policy Position Statement
Development on Land Affected by Environmental Emissions from Transport and
Transport Infrastructure;
# Department of Transport and Main Roads’ Transport Noise Management: Code
of Practice, Volume 1 – Road Traffic Noise;
# Department of Transport and Main Roads’ Road Drainage Manual;
# Queensland Urban Drainage Manual;
# Environmental Protection Act 1994;
# Environmental Protection (Water) Policy 2009.
Department of State Development, Infrastructure and Planning Page4