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2411-43615 SRA_Response with conditions_MCU24-0144
Attached to the e-mail SARA application correspondence - Response - MCU24/0144.
RA6-N SARA reference: 2411-43615 SRA Council reference: MCU24/0144 Applicant reference: 24255 27 February 2025 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Attention: Matthew Pinese Dear Mr Pinese SARA referral agency response—27 Myall Street, Cooroy (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 6 December 2024. Response Outcome: Referral agency response – with conditions Date of response: 27 February 2025 Conditions: The conditions in Attachment 1 must be attached to any development approval Advice: Advice to the applicant is in Attachment 2 Reasons: The reasons for the referral agency response are in Attachment 3 Development details Description: Development permit Material change of use for a multiple dwelling (5 units) South East Queensland (North) regional office Level 4, Foundation Place 3 South Sea Islander Way, Maroochydore Page 1 of 10 PO Box 1129, Maroochydore QLD 4558
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2411-43615 SRA
SARA role: Referral agency
SARA trigger: Schedule 10, Part 9, Division 4, Subdivision 2, Table 4. Item 1
(Planning Regulation 2017)
Development application for a material change of use within 25m of a
state controlled road
SARA reference: 2411-43615 SRA
Assessment manager: Noosa Shire Council
Street address: 27 Myall Street, Cooroy
Real property description: Lot 27 on C5605
Applicant name: Seaside Property Projects Pty Ltd
C/- Project Urban
Applicant contact details: PO BOX 6380
Maroochydore QLD 4558
[email protected]
State-controlled road access This referral included an application for a road access location, under
permit: section 62A(2) of Transport Infrastructure Act 1994. Below are the
details of the decision:
Approved
Reference: TMR24-044443
Date: 25 February 2025.
If you are seeking further information on the road access permit,
please contact the Department of Transport and Main Roads at
[email protected]
Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under
considerations: the Humans Right 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 (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 Rosanna Nobile, Planning Officer, on 07 5352 9777 or via email
[email protected] who will be pleased to assist.
State Assessment and Referral Agency Page 2 of 10
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2411-43615 SRA
Yours sincerely
Jamaica Hewston
Manager
cc Seaside Property Projects Pty Ltd C:/ Project Urban, [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
Attachment 5 - Documents referenced in conditions
State Assessment and Referral Agency Page 3 of 10
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2411-43615 SRA
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) (Copies of the documents referenced below are found at Attachment 5)
No. Conditions Condition timing
Development Permit: Material change of use
10.9.4.2.4.1 – Material change of use 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 (DTMR) 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 conditions:
Stormwater management
1. (a) Stormwater management of the development must not cause (a) At all times
worsening to the operating performance of the state-controlled
road, such that any works on the land must not:
i. create any new discharge points for stormwater runoff
onto the state-controlled road
ii. concentrate or increase the velocity of flows to the state-
controlled road
iii. interfere with and/or cause damage to the existing
stormwater drainage on the state-controlled road
iv. surcharge any existing culvert or drain on the state-
controlled road
v. reduce the quality of stormwater discharge onto the
state-controlled road
vi. impede or interfere with any overland flow or hydraulic
conveyance from the state-controlled road
vii. reduce the floodplain immunity of the state-controlled
road.
(b) Prior to obtaining
(b) Submit RPEQ certification with supporting documentation to the development approval
North Coast Region, Development Assessment Team, via
for operational work or
[email protected], within DTMR, confirming that
the development has been designed in accordance with part (a) building work,
of this condition. whichever occurs first
for the relevant stage
(c) Submit RPEQ certification with supporting documentation to the
North Coast Region, Development Assessment Team, via (c) Within 20 business
[email protected], within the DTMR, confirming
days of the completion
that the development has been constructed in accordance with
parts (a) and (b) of this condition. of works
Vehicular Access onto the state-controlled road
2. (a) Road access is located generally in accordance with Site Plan, (a) At all times
prepared by DCM Building Design, dated 31.10.2024, drawing
number DD-1.01, issue C (Amended in red by SARA).
(b) and (c)
(b) Provide road access works comprising a minimum 6 metres wide
vehicle crossing - heavy duty driveway, at the road access Prior to the
location referred to in part (a) of this condition, generally in commencement of use
accordance with Site Plan, prepared by DCM Building Design, and to be maintained at
dated 31.10.2024, drawing number DD-1.01, issue C (Amended all time.
in red by SARA).
(c) Design and construct the road access works, referred to in part
State Assessment and Referral Agency Page 4 of 10
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(b) of this condition, in accordance with:
Institute of Public Works Engineering Australia (IPWEA),
Heavy Duty Property Access, dated 07/2023, Standard
Drawing RSD-102, Rev A.
DTMRs’ Road Planning and Design Manual
Section 3.2.2 “Sight distance requirements at driveways”
of the Guideline on Treatment Options to Improve Safety
of Pedestrians, Bicycle Riders, and Other Path Users at
Driveways, published by the DTMR in February 2021
(Amended in red by SARA)
Queensland Manual of Uniform Traffic Control Devices
3. (a) Close and remove the existing vehicular property access located Prior to the
between Lot 27C5605 and Cooroy Connection Road (Myall commencement of use
Street).
(b) The road works to close and remove access, referred to in part
(a) of this condition, must be in accordance with relevant
standards of Noosa Shire Council and the DTMRs’ Road
Planning and Design Manual, 2nd Edition. The road works must:
i. remove the driveway crossover and any drainage
structure/s beneath the driveway
ii. reinstate the kerb and channel
iii. reinstate road pavement after closure and removal
iv. establish a pedestrian pathway
v. reinstate the grass footpath between the pavement edge
and the property boundary.
Managing Noise Impacts
4. (a) Provide noise attenuation measures to achieve the following (a) and (b)
noise criteria for private open space of proposed Unit 1: Prior to the
≤57 dB(A) L10 (18 hour) free field (measured L90 (18 commencement of use
hour) free field between 6am and 12 midnight ≤45 and to be maintained at
dB(A));or all times
≤60 dB(A) L10 (18 hour) free field (measured L90 (18
hour) free field between 6am and 12 midnight >45
dB(A)).
(b) If the noise attenuation measures include noise barriers:
i. The noise barriers must be entirely located within the
subject site and be designed in accordance with:
the DTMRs’ Road Traffic Noise Management Code
of Practice, Volume 1, Chapter 7 and technical
Specifications MRTS15
the DTMRs’ technical Specifications MRTS15 Noise
Fences (as amended by QR-CTS-Part 41)
Queensland Rail Civil Engineering Standard
Specification QR-CTS-Part 41 – Design and
Construction of Noise Fences / Barriers
the DTMRs’ Standard Drawings
ii. RPEQ certification must be provided to the Corridor
Management Team at
[email protected] within DTMR,
confirming that the development has been constructed in
accordance with parts (a) and (b)(i) of this condition.
(c) If the noise attenuation measures do not include noise barriers, (c)
certification from a suitably qualified expert must be provided to Prior to the
commencement of use
State Assessment and Referral Agency Page 5 of 10
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2411-43615 SRA
Corridor Management Team at and to be maintained at
[email protected] within DTMR, confirming that all times
compliance with part (a) of this condition has been achieved.
5. Install on the level 1 of the northeastern facing balcony of Unit 1 as Prior to the
shown on Level 1 Plan, prepared by DCM Building Design, dated commencement of use
31/10/24, reference DD-2.02, revision C (Amended in red by SARA): and to be maintained at
all times
(a) a continuous solid gap-free structure, constructed of glass,
concrete blocks, bricks or fibre cement sheeting, or
balustrade, other than gaps required for drainage purposes
in accordance with the Building Code of Australia
(b) highly acoustically absorbent material treatment for the total
area of the soffit above the balcony.
State Assessment and Referral Agency Page 6 of 10
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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 3.2). If a word remains
undefined it has its ordinary meaning.
2. Landscaping: Any proposed landscaping, including establishment and full maturity, must not
compromise safety on the state-controlled road. The applicant is advised that all non-frangible
plant species are to be located outside of the clear zone on the state-controlled road and must
be appropriately setback from any overhead electrical and lighting infrastructure. The provision
of landscaping within the state-controlled road reserve requires an approval under section 33 of
the Transport Infrastructure Act 1994 and must be in accordance with the requirements of the
DTMRs’ Road Planning and Design Manual found here: https://www.tmr.qld.gov.au/business-
industry/technical-standards-publications/road-planning-anddesign-manual-2nd-edition and the
Road Landscape Manual found here: https://www.tmr.qld.gov.au/business-industry/Technical-
standards-publications/Road-landscapemanual.aspx.
3. 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:
https://www.business.qld.gov.au/industries/building-property-development/building-
construction/lawscodes-standards/queensland-development-code/transport-noise-corridors
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 required
4. Road works approval: Under section 33 of the Transport Infrastructure Act 1994, written
approval is required from the DTMR to carry out road works on a state-controlled road prior to
the works commencing.
Please contact DTMR on [email protected] with the completed application
form and supporting information to make an application for road works approval. As part of the
application process detailed engineering designs the proposed works, certified by a Registered
Professional Engineer of Queensland will be required. The detailed design must demonstrate
how the proposed works will comply with DTMR's Road Planning and Design Manual, 2nd
Edition (RPDM), technical standards and policies. DTMR advises that any design submitted
through the development application process is conceptual in nature and has not been
reviewed in detail to confirm that all aspects of the design, including (but not limited to)
provision for vulnerable road users, signals, lighting, and pavement design, meets DTMR
requirements.
To ensure that gaining approval does not delay construction please contact TMR as soon as
possible. Further information on applying for road works approval is available here:
www.tmr.qld.gov.au/Community-and-environment/Planning-and-development/Other-matters-
requiringapproval#roadworks
5. Public utility works and connection approval: The applicant is advised that if any works
and/or connections are required to public utility services within a state-controlled road corridor,
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approval must be given by DTMR under the relevant public utility legislation (electricity,
water/sewer, telecommunication), and in accordance with DTMR technical standards (TN163).
Approvals must be obtained prior to commencing any utility works within the state-controlled
road corridor. Please contact the public utility team via [email protected] for further
information on the application and approval process.
State Assessment and Referral Agency Page 8 of 10
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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 permit for material change for multiple dwelling (5 Units) at 27 Myall Street, Cooroy
formally described as Lot 27 on C5605.
The proposed development has triggered referral for works within 25m of a State-controlled road.
SARA assessed the development against the following code of the State Development Assessment
Provisions (SDAP), version 3.2:
o State code 1: Development in a state-controlled road environment.
The development complies with the assessment benchmarks of State code 1 of SDAP (version 3.0)
in that the development:
o does not adversely impact the structural integrity or physical condition of the state controlled
road
o does not adversely impact the function and efficiency of the state controlled road
o maintains access to active transport infrastructure.
Material used in the assessment of the application:
the development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
the SDAP (version 3.2), as published by SARA
the Development Assessment Rules
SARA DA Mapping system
section 58 of the Human Rights Act 2019
Attachment 4—Representations about a referral agency response
provisions
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2411-43615 SRA Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 10 of 10