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TIA - Application decision - s62A (PA) - Approval_1

Attached to the e-mail MCU22/0206 - SRA application correspondence - Referral agency response – with conditions.

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    Our ref        TMR23-038485
    Your ref       22-019
    Enquiries      Kirsty Simmonds



                                                                                                      Department of
    22 February 2023                                                                                  Transport and Main Roads



        Decision Notice – Permitted Road Access Location
                                      (s62(1) Transport Infrastructure Act 1994)
                          This is not an authorisation to commence work on a state-controlled road1

    Development application reference number MCU22/0206, lodged with Noosa Shire Council involves
    constructing or changing a vehicular access between Lot 6RP42647, the land the subject of the
    application, and Kin Kin Road locally known as Yurol Forest Drive (Road number: 141), (a state-
    controlled road).


    In accordance with section 62A(2) of the Transport Infrastructure Act 1994 (TIA), this development
    application is also taken to be an application for a decision under section 62(1) of TIA.

    Applicant Details
     Name and address                          Alex and Jaymi Lee Corrigan C/- Urban Catalyst 3 Pty Ltd
                                               PO Box 7044
                                               Sippy Downs QLD 4556
    Application Details
     Address of Property                       19 Yurol Forest Drive, Pomona QLD 4568
     Real Property Description                 6RP42647
     Aspect/s of Development                   Development for Material Change of Use for Dwelling House



    Decision (given under section 67 of TIA)
    It has been decided to approve the application, subject to the following conditions:


No. Conditions of Approval                                                              Condition Timing

1    The permitted road access location between Lot 6RP42647 and                        At all times
     Yurol Forest Road is located at approximately Longitude
     152.864045 and Latitude –26.366194 in accordance with:
         Figure 4 – Proposed Clearing Extents, prepared by Urban
            Catalyst 3, reference 22-019.




    1 Please refer to the further approvals required under the heading ‘Further approvals’


    Program Delivery and Operations                                       Telephone +61 7 07 5451 7055
    North Coast Region / Maroochydore Office                              Website    www.tmr.qld.gov.au
    Floor 1, 50 Wises Road Buderim QLD 4556                               Email      [email protected]
    PO Box 1600 Maroochydore QLD 4558                                     ABN: 39 407 690 291
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No. Conditions of Approval                                                 Condition Timing

2    (a) Road access works comprising a low-density residential            Prior to the commencement
     driveway must be provided at the permitted access location.           of use and to be maintained
                                                                           at all times
     (b) The road access works must be designed and constructed in
     accordance with:
          Department of Transport and Main Roads' Road Planning
            and Design Manual 2nd Edition and
          IPWEA Standard Drawing RS-049 & RS-050.
3    Direct access is prohibited between Yurol Forest Road and Lot         At all times.
     6RP42647 at any other location other than the permitted road
     access location described in Condition 1


    Reasons for the decision
    The reasons for this decision are as follows:
       a) Vehicular access must not compromise safety of the users of the a) state-controlled road
           network or any other transport infrastructure.
       b) Vehicular access must be consistent with the functional requirements of the state-controlled
           road.

    Please refer to Attachment A for the findings on material questions of fact and the evidence or
    other material on which those findings were based.

    Information about the Decision required to be given under section 67(2) of TIA
    1. There is no guarantee of the continuation of road access arrangements, as this depends on
        future traffic safety and efficiency circumstances.

    2. In accordance with section 70 of the TIA, the applicant for the planning application is bound by
       this decision. A copy of section 70 is attached as Attachment B, as required, for information.

    Further information about the decision
    1. In accordance with section 67(7) of TIA, this decision notice:
           a) starts to have effect when the development approval has effect; and
           b) stops having effect if the development approval lapses or is cancelled; and
           c) replaces any earlier decision made under section 62(1) in relation to the land.

    2. In accordance with section 485 of the TIA and section 31 of the Transport Planning and
       Coordination Act 1994 (TPCA), a person whose interests are affected by this decision may
       apply for a review of this decision only within 28 days after notice of the decision was given
       under the TIA. A copy of the review provisions under TIA and TPCA are attached in
       Attachment C for information.

    3. In accordance with section 485B of the TIA and section 35 of TPCA a person may appeal
       against a reviewed decision. The person must have applied to have the decision reviewed




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   before an appeal about the decision can be lodged in the Planning and Environment Court. A
   copy of the Appeal Provisions under TIA and TPCA is attached in Attachment C for information.

Further approvals
The Department of Transport and Main Roads also provides the following information in relation to
this approval:

1. Road Access Works Approval Required – Written approval is required from the department to
   carry out road works that are road access works (including driveways) on a state-controlled road
   in accordance with section 33 of the TIA. This approval must be obtained prior to commencing
   any works on the state-controlled road. 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 the department to make an application.

If further information about this approval or any other related query is required, Ms Kirsty Simmonds,
Town Planner should be contacted by email at [email protected] or on 07 5451
7055.

Yours sincerely




Lena Hobson
Senior Planner (Development Assessment)



Attachments: Attachment A – Decision evidence and findings
             Attachment B - Section 70 of TIA
             Attachment C - Appeal Provisions
             Attachment D - Permitted Road Access Location Plan




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                                       Attachment A

                             Decision Evidence and Findings



Findings on material questions of fact:
 The objective of the Transport Infrastructure Act 1994 (TIA) requires the establishment of a
   road regime that is safe and efficient.
 Section 62 of the TIA provides for the Chief Executive of the Department of Transport and
   Main Roads (the department) to make decisions about permitted road access locations
   between particular land and a state-controlled road.
 The application involves a new or changed access to a state-controlled road (SCR) and is
   considered an application under s62A of the Transport Infrastructure Act 1994.
 Access to Lot 6RP42647 will be gained through an informal service lane via a formalised
   intersection to the south which connects to Yurol Forest Drive. There is no direct access to
   the through lanes of Yurol Forest Drive.
 Access to a local road is not available for Lot 6RP42647.
 The proposed development is for a single dwelling which will generate limited additional
   traffic on the state-controlled road.
 The proposed development can be effectively implemented without significant impacts to the
   safety and efficiency of the state-controlled road network with the conditioned requirements.

Evidence or other material on which findings were based:

 Title of Evidence /    Prepared by            Date              Reference no.    Version/Issue
 Material
 Transport              Queensland             reprint at 21     N/A              N/A
 Infrastructure Act     Government             July 2020
 1994
 Road Planning and      Department of          August 2014       N/A              2nd Edition
 Design Manual          Transport and Main
                        Roads
 Vehicular access to    Department of          July 2019         N/A              1.0
 state-controlled       Transport and Main
 roads policy           Roads
 Guide to Traffic       Department of          December          N/A              1.2
 Impact Assessment      Transport and Main     2018
                        Roads
 Planning Report        Urban Catalyst 3       25/11/2022        22-019           Final
 Site Access Photos     -                      -                 -                -
 Figure 4 – Proposed    Urban Catalyst 3       -                 22-019           -
 Clearing Extents




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                                          Attachment B

                                        Section 70 of TIA


                                                                   Transport Infrastructure Act 1994
                                                             Chapter 6 Road transport infrastructure
                                                       Part 5 Management of State-controlled roads



70   Offences about road access locations and road access works, relating to
     decisions under s 62(1)
     (1) This section applies to a person who has been given notice under section 67 or 68 of a
         decision under section 62(1) about access between a State-controlled road and adjacent
         land.
     (2) A person to whom this section applies must not—
         (a) obtain access between the land and the State-controlled road other than at a location
            at which access is permitted under the decision; or
         (b) obtain access using road access works to which the decision applies, if the works do
            not comply with the decision and the noncompliance was within the person’s control; or
         (c) obtain any other access between the land and the road contrary to the decision; or
         (d) use a road access location or road access works contrary to the decision; or
         (e) contravene a condition stated in the decision; or
         (f) permit another person to do a thing mentioned in paragraphs (a) to (e); or
         (g) fail to remove road access works in accordance with the decision.
     Maximum penalty—200 penalty units.
     (3) However, subsection (2)(g) does not apply to a person who is bound by the decision
         because of section 68.




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                                            Attachment C

                                         Appeal Provisions

                                                                      Transport Infrastructure Act 1994
                                                                        Chapter 16 General provisions




485 Internal review of decisions
      (1) A person whose interests are affected by a decision described in schedule 3 (the original
          decision) may ask the chief executive to review the decision.
      (2) The person is entitled to receive a statement of reasons for the original decision whether
          or not the provision under which the decision is made requires that the person be given a
          statement of reasons for the decision.
      (3) The Transport Planning and Coordination Act 1994, part 5, division 2—
          (a) applies to the review; and
          (b) provides—
              (i)    for the procedure for applying for the review and the way it is to be carried out;
                     and
              (ii)   that the person may apply to QCAT to have the original decision stayed.


485B Appeals against decisions
      (1) This section applies in relation to an original decision if a court (the appeal court) is stated
          in schedule 3 for the decision.
      (2) If the reviewed decision is not the decision sought by the applicant for the review, the
          applicant may appeal against the reviewed decision to the appeal court.
      (3) The Transport Planning and Coordination Act 1994, part 5, division 3—
          (a) applies to the appeal; and
          (b) provides—
             (i)     for the procedure for the appeal and the way it is to be disposed of; and
             (ii)    that the person may apply to the appeal court to have the original decision
                     stayed.
      (4) Subsection (5) applies if—
          (a) a person appeals to the Planning and Environment Court against a decision under
              section 62(1) on a planning application that is taken, under section 62A(2), to also be
              an application for a decision under section 62(1); and
          (b) a person appeals to the Planning and Environment Court against a decision under the
              Planning Act on the planning application.



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       (5) The court may order—
           (a) the appeals to be heard together or 1 immediately after the other; or
           (b) 1 appeal to be stayed until the other is decided.
       (6) Subsection (5) applies even if all or any of the parties to the appeals are not the same.
       (7) In this section—
original decision means a decision described in schedule 3.
reviewed decision means the chief executive’s decision on a review under section 485.




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                                                          Transport Planning and Coordination Act 1994
                                                     Part 5, Division 2 – Review of Original Decisions



31   Applying for review
     (1) A person may apply for a review of an original decision only within 28 days after notice of
        the original decision was given to the person under the transport Act.
     (2) However, if—
         (a) the notice did not state the reasons for the original decision; and
         (b) the person asked for a statement of the reasons within the 28 days mentioned in
             subsection (1)
         the person may apply within 28 days after the person is given the statement of the reasons.
     (3) In addition, the chief executive may extend the period for applying.
     (4) An application must be written and state in detail the grounds on which the person wants
        the original decision to be reviewed.


32   Stay of operation of original decision
     (1) If a person applies for review of an original decision, the person may immediately apply for
         a stay of the decision to the relevant entity.
     (2) The relevant entity may stay the original decision to secure the effectiveness of the review
         and any later appeal to or review by the relevant entity.
     (3) In setting the time for hearing the application, the relevant entity must allow at least 3
         business days between the day the application is filed with it and the hearing day.
     (4) The chief executive is a party to the application.
     (5) The person must serve a copy of the application showing the time and place of the hearing
         and any document filed in the relevant entity with it on the chief executive at least 2 business
         days before the hearing.
     (6) The stay—
         (a) may be given on conditions the relevant entity considers appropriate; and
         (b) operates for the period specified by the relevant entity; and
         (c) may be revoked or amended by the relevant entity.
     (7) The period of a stay under this section must not extend past the time when the chief
         executive reviews the original decision and any later period the relevant entity allows the
         applicant to enable the applicant to appeal against the decision or apply for a review of the
         decision as provided under the QCAT Act.
     (8) The making of an application does not affect the original decision, or the carrying out of the
         original decision, unless it is stayed.



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     (9) In this section—
relevant entity means—
         (a) if the reviewed decision may be reviewed by QCAT—QCAT; or
         (b) if the reviewed decision may be appealed to the appeal court—the appeal court.


35   Time for making appeals
     (1) A person may appeal against a reviewed decision only within—
         (a) if a decision notice is given to the person—28 days after the notice was given to the
             person; or
         (b) if the chief executive is taken to have confirmed the decision under section 34(5)—56
             days after the application was made.
     (2) However, if—
         (a) the decision notice did not state the reasons for the decision; and
         (b) the person asked for a statement of the reasons within the 28 days mentioned in
             subsection (1)(a);
         the person may apply within 28 days after the person is given a statement of the reasons.
     (3) Also, the appeal court may extend the period for appealing.




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Attachment D

Permitted Road Access Location Plan

Legend Permitted
id Existing Track road access
CI Proposed Structure location

Asset Protection Zone

Clearing extent for structures

DCDB

 

Client: Alex Corrigan

Project Proposed Dwelling

Address: 19 Yurol Forest Drive, Pomona
Project number: 22-019

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