Response with Conditions - 2310-37453 SRA

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                                                                                                 2310-37453 SRA




Assessment Manager:                     Noosa Shire Council
Street Address:                         1073 Pomona Kin Kin Road, Kin Kin
Real Property Description:              Lot 2 on RP196994
Applicant Name:                         Richard and Sandra Mathison
Applicant Contact Details:              C/- Brennan Planning Pty Ltd
                                        44 Maple Street
                                        COOROY QLD 4563
                                        [email protected]
State-Controlled Road                   This referral included an application for a road access location, under
Access Permit:                          section 62A(2) of Transport Infrastructure Act 1994. Below are the
                                        details of the decision:
                                         Approved
                                         Reference: TMR23-041031
                                         Date: 17 June 2024.
                                        If you are seeking further information on the road access permit, please
                                        contact the Department of Transport and Main Roads at
                                        [email protected] Rights Act 2019                   A consideration of the 23 fundamental human rights protected under the
Considerations:                         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 (section 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 Cavannah Deller, Senior Planning Officer, on 07 3244 9343 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Luke Lankowski
Manager, Planning – Wide Bay Burnett

cc      Richard and Sandra Mathison C/-Brennan Planning, [email protected]

enc     Attachment 1 – Referral Agency Condition
        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 Condition




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Attachment 1—Referral Agency Condition
(Under section 56(1)(b)(i) of the Planning Act 2016 the following condition must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)


  No.      Condition                                                                    Condition Timing
  10.9.4.2.4.1—Material change of use within 25 metres of a state-controlled road—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:
  1.      (a) The road access location is to be located generally in accordance         (a) At all times
              with the Sight Distance Layout Plan prepared by Auxilium
              Consulting, dated 23.05.24, job no. P0-014, drawing no. C100 and          (b) and (c)
              revision A (as amended in red by SARA on 17 June 2024).
                                                                                        Prior to the
          (b) Road access works comprising a Rural Property Access – Type A             commencement of
              (sealed from pavement edge to the property boundary with a width          use
              of 5.5 metres), must be provided at the road access location.
          (c) The road access works must be designed and constructed in
              accordance with Department of Transport and Main Roads'
              Standard Drawing No. 1807, dated 3/2024 and revision C and the
              Department of Transport and Main Roads’ Road Planning and
              Design Manual.




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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 3.0. If a word remains
        undefined it has its ordinary meaning.

 Further Permits Required
 2.     Road Works Approval
        This referral agency response includes a requirement for road works on a state-controlled road.
        Under section 33 of the Transport Infrastructure Act 1994, written approval is required to carry
        out road works on a state-controlled road. This approval must be obtained prior to commencing
        any works on the state-controlled road reserve.
        Please note that any design submitted through the development application process is
        conceptual in nature. The road works approval process will require detailed engineering
        designs of the works, certified by a Registered Professional Engineer of Queensland
        (RPEQ).The designs will need to demonstrate compliance with the Department of Transport
        and Main Roads’ Road Planning and Design Manual, technical standards and policies.

        Please contact the Department of Transport and Main Roads to make an application for road
        works approval via [email protected], quoting reference TMR23-041031, as
        soon as possible to ensure that gaining a road works approval does not delay construction.
        Further information on applying for road works approval, including the required application form,
        can be found at https://www.tmr.qld.gov.au/Community-and-environment/Planning-and-
        development/Other-matters-requiring-approval#roadworks.
 3.     Public Utility Works and Connections
        If any works and/or connections are required to public utility services within a state-controlled
        road reserve, approval from the Department of Transport and Main Roads is required under the
        relevant public utility legislation (electricity, water/sewer, telecommunication). Approvals must
        be obtained prior to commencing any utility works within the state-controlled road reserve.
        Please contact the Department of Transport and Main Roads Public Utility Team via
        [email protected] for further information on the application and approval process for
        public utility works and connections.




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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:
The development is for a material change of use for short-term accommodation. The development
involves converting the existing Dwelling House on the site to Short-Term Accommodation.
The existing Dwelling House is located approximately 200 metres from the Pomona Kin Kin Road (state-
controlled road) site frontage. Given the separation distance, the Short-Term Accommodation is unlikely
to be impacted by noise, air, light or vibration from the state-controlled road.
The development will result in a minor increase in traffic generation, which will not impact the safety or
operating performance of the state-controlled road network.
The development does not result in any changes to the existing vehicle access between the site and
Pomona Kin Kin Road. The development complies with State code 1: Development in a state-controlled
road environment of SDAP, subject to conditions to ensure the access is provided at an appropriate
standard.

Material used in the assessment of the application:
      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      SDAP (version 3.0), as published by SARA
      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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Attachment 5—Documents Referenced in Condition
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