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2505-45871 SRA - SARA advice notice

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GE77-N




SARA reference:             2505-45871 SRA
Applicant reference:        2319
Council reference:          OPW25/0072

17 June 2025

 Mick Jones
 C/- Callaghan and Toth Consulting Engineers
 PO Box 2305
 NOOSA HEADS QLD 4567
 [email protected]


Attention:         Jane Davissen


Dear Jane


SARA advice notice – 36 Roses Road, Federal
(Advice notice given under section 35 of the Development Assessment Rules)

The State Assessment and Referral Agency (SARA) advises that your development application has not
adequately demonstrated compliance with the State Development Assessment Provisions.

SARA has reviewed your application material and it is advised that the following issues with the proposed
development have been identified:

 Waterway Barrier Works

 1.            Issue:
               The application has not demonstrated that the proposal has reasonably avoided, minimised
               and mitigated impacts on fish passage in accordance with the State Development
               Assessment Provisions (SDAP) State code 18: Constructing or raising waterway barrier
               work in fish habitats.
               In particular, the following issues are identified:
                       The constriction of Skyring Creek, that is approximately 8 metres wide, through a 3
                        x 1800mm culvert structure, will likely increase waterway velocities. This impact on
                        hydrological conditions will restrict fish passage and could also undermine the
                        stability of the roadway. Though baffles have been proposed on the bankside
                        sidewalls of outer culvert cells and upstream wingwalls, it is unlikely that their effect
                        in mitigating increased velocities would be sufficient to provide adequate fish
                        passage.
                       Provided flood data (s 5.1.4 of the Operational Works Report, prepared by
                        Callaghan and Toth Consulting Engineers, dated 29 April 2025 and annotated on

                                                                            North and North West regional office
                                                                            Level 4, 445 Flinders Street, Townsville
 Page 1 of 4                                                                PO Box 5666, Townsville QLD 4810
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                                                                                                       2505-45871 SRA



                       Drawing 2319-009, prepared by Callaghan and Toth Consulting Engineers, dated
                       April 2025, revision A) indicates the culverts would be at capacity at a 4EY event
                       and would overtop at a 2EY event. Such a design indicates that fish passage will be
                       impeded during events that can reasonably be expected several times a year. While
                       the submitted planning report states that ‘the culverts are likely to be overtopped 2
                       times per year’, it should be noted that overtopping is distinct from drownout1.
                       During times of overtopping, fish passage is likely to be restricted due to a drop in
                       water level over the structure when the headwater level is higher than the tailwater
                       level.
                      Design drawings depict smooth concrete aprons on both the downstream and
                       upstream ends of the culvert crossing. These aprons are likely to produce flow
                       conditions that would also cause a significant restriction on fish passage.
              Advice:
              Provide an amended design outcome to meet the relevant assessment benchmarks of
              SDAP State code 18. It is strongly recommended that an amended design consider:
                      at least one additional 1800mm culvert cell is provided. Providing the largest
                       possible aperture with roughening is best design for fish passage; and
                      roughening is provided on the aprons, e.g. using a rough broom finish, exposed
                       aggregate etc.


Please note that unlike an information request, assessment timeframes do not stop when advice
is provided by SARA.

How to respond
It is recommended that you address these issues promptly and provide a response to SARA.

If you decide not to respond, your application will be assessed and decided based on the information
provided to date.

Under the Development Assessment Rules (DA Rules), the issuing of advice does not stop the
assessment timeframes. If you intend to provide additional information, it should be provided in a timely
manner to allow sufficient time for the information to be considered. As such, you are strongly
encouraged to consider using the ‘stop the clock’ provisions under s32 of the DA rules, to allow sufficient
time for you to consider and respond to SARA’s advice; and for SARA to consider any new or changed
material provided.

If you wish to utilise the ‘stop the clock’ provisions, you should give notice to the assessing authority
(assessment manager or referral agency) whose current period you wish to stop. This can be done
through MyDAS2 or via correspondence.

You are requested to upload your response using the ‘manage documents’ function in MyDAS2.




1 drownout of the structure refers to when the headwater and tailwater levels are equal and covering the structure so

that fish passage is unrestricted over the top of the structure. This is not the same as when water begins to overtop
the structure.


 State Assessment and Referral Agency                                                                      Page 2 of 4

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                                                                                               2505-45871 SRA




Additional advice:

 Access to a State controlled road

 1.          Upon review of the development application, it was determined that the referral trigger
             Schedule 10, Part 9, Division 4, Subdivision 2, Table 5, Item 1 – Operational works if all or
             part of premises is within 25m of a State transport corridor and the work relates to access to
             the corridor, was not applicable for the submitted development application as the ‘premises’
             defined within 25m of the state controlled road, is a local road reserve for which a s62
             under the Transport Infrastructure Act 1994 (the TIA) could not apply.

             In particular, the Department of Transport and Main Road (DTMR) has issued the following
             advice:

                      The applicant is unable to apply for an access to the state controlled road – as the
                       property does not abut the State-controlled road, therefore DTMR are unable to
                       make a decision under s62 of the TIA.
                      These works cannot be approved via the planning process. The property owner
                       needs to apply to DTMR for a works approval under s33 of the TIA.
                      The local council then further needs to apply to DTMR for a decision to connect a
                       new council road to a State-controlled road under s42 of the TIA.
                      It is noted that the applicant started an associated application under s33 of the TIA
                       over 12 months ago, however after sending an information request and multiple
                       attempts to contact the applicant, DTMR have advised that this application has
                       since lapsed.
                      The applicant will need to submit a new s33 application to undertake these
                       intersection construction works in the State controlled road corridor.
                      The works required must be a public intersection between the State controlled road
                       and Roses Road. A private driveway is not an acceptable standard in this situation.
                      It is advised that DTMR cannot give approvals for the works in the council road
                       corridor, these works are under the council jurisdiction.

             If the location of the driveway access to the State-controlled road is integral to the
             location and design of the submitted waterway barrier works (waterway crossing),
             you are advised to consider withdrawing the application for waterway barrier works
             until such time as the access to the State-controlled road is determined.

If you require further information or have any questions about the above, please contact Kirsty Geaney,
Principal Planning Officer, on 47583414 or via email [email protected] who will be pleased to
assist.

Yours sincerely




Geoff Broadbent
Principal Planning Officer



 State Assessment and Referral Agency                                                              Page 3 of 4

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                                                                                                                          2505-45871 SRA



cc           Noosa Shire Council, [email protected]



     Development details

     Description:               Development permit                   Operational work for drainage works, earthworks, roadworks, clearing
                                                                     vegetation under planning scheme, and vehicle crossover

     SARA role:                referral agency

     SARA trigger:             Schedule 10, Part 6, Division 4, Subdivision 3, Table 1, Item 1 – Waterway barrier works

     SARA reference:           2505-45871 SRA

     Assessment criteria:      SDAP State Code 18: Constructing or raising waterway barrier works in fish habitats




 State Assessment and Referral Agency                                                                                          Page 4 of 4

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