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TIA - Application decision - s62A (PA) - Approval_1

Attached to the e-mail SARA response with conditions - MCU25/0090 and OPW25/0136.

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    Our ref        TMR25-047409
    Your ref       20250996
    Enquiries      Philip Daniels



                                                                                                    Department of
    4 November 2025                                                                                 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 MCU25/0090 & OPW25/0136, lodged with Noosa
    Council involves constructing or changing a vehicular access between Lots 22C5605, 21C5605, the
    land the subject of the application, and Cooroy Connection Road / 145 (a state-controlled road),
    locally known as Myall Street.


    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                          The Macky Group C/- Adapt Development Management Pty Ltd
                                               PO Box 7618
                                               Sippy Downs QLD 4556
    Application Details
     Address of Property                       17 Myall Street, Cooroy QLD 4563
     Real Property Description                 22C5605, 21C5605
     Aspect/s of Development                   Development Permit, Development Permit for Material Change
                                               of Use, Operational Works for 2 x Dwellings + 11 x Small
                                               Dwellings, Road Work, Drainage Work, Stormwater,
                                               Earthworks, Landscaping & Access


    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 is generally in accordance                    At all times.
     with the Proposed Site Layout Plan (sheet C04) of the Revised
     Engineering Plans, prepared by Ingeniir Pty Ltd, dated 20 Oct
     2025, reference 251502 Issue 3 (as amended in red).



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




    Program Delivery and Operations                                     Telephone +61 (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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Page 2

No. Conditions of Approval                                                Condition Timing

2    Road Access Works comprising a Vehicle Crossing, Heavy Duty,         Prior to the commencement
     General Wide with a W1 value of 6m must be provided at the           of the use of the Road
     permitted access location, generally in accordance with:             Access Works and to be
        i.  the Institute of Public Works Engineering Australasia         maintained at all times.
            (IPWEA) drawing number RSD-102 Revision A;
       ii.  the Department of Transport and Main Roads’ Road
            Planning and Design Manual, 2nd Edition;
      iii.  the Department of Transport and Main Roads’ Policies
            and Technical Specifications;
      iv.   the Department of Transport and Main Roads’ Standard
            Drawings Roads; and
       v.   relevant local government requirements.


3    The existing Road Access Works situated between Myall Street         Prior to the commencement
     and Lots 21 & 22 C5605 must be removed:                              of use.
         i. remove the driveway crossovers and any drainage
            structure/s beneath the driveway;
        ii. reinstate the kerb and channel;
       iii. reinstate road pavement after closure and removal; and
       iv.  re-establish the pedestrian pathway.
     in accordance with the Department of Transport and Main Roads’
     Road Planning and Design Manual, 2nd Edition.



    Reasons for the decision
    The reasons for this decision are as follows:
           a) Vehicular access must not compromise the safety of the users of the state-controlled
              road network.
           b) The safety of users of the state-controlled road network is the primary consideration for
              all works in a state-controlled road corridor.

    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:




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       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
   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.

2. General advice:
      a) It is to note that the presence of the "keep clear" does not give vehicles from the
         proposed development site any priority when exiting or entering the property. The keep
         clear markings are not a stop line. Vehicles travelling on the road are not required to give
         way to vehicles entering or exiting the property. The Department note that th “Keep
         Clear” line markin is to assist in the service requirements of the Fire Brigade (opposite
         the subject site)

If further information about this approval or any other related query is required, the North Coast
Region Corridor Management Team should be contacted by email at
[email protected] or on (07) 5451 7055.

Yours sincerely




Kirsty Simmonds
A/Senior Town Planner




                                                                                              Page 3 of 12

Page 4

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




                                                                  Page 4 of 12

Page 5

                                          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 to make decisions about permitted road access locations between
        particular land and a state-controlled road.
       The application is for a development permit for a material change of use - multiple
        dwelling (2 x dwellings, 11 x small dwellings), and for operational works – road work,
        drainage work, stormwater, earthworks, landscaping and access.
       The proposal includes a new access arrangement to the state-controlled road and is an
        application under section 62A of the Transport Infrastructure Act (1994).
       The subject site is immediately adjacent to Myall Street, a state-controlled road that is
        not covered by a limited access policy at the site location.
       Myall Steet at the subject site has a single lane southbound and has dual turning lanes
        (a left and right turn lane) northbound to the intersection with Elm Street to the north,
        separated by a painted median. There is a “keep clear” road marking in front of the
        subject site for the fire brigade on the eastern side of the road. The posted speed limit at
        the subject site is 50km/hr and the annual average daily traffic is 8,834 vehicles (2023).

Evidence or other material on which findings were based:

 Title of Evidence /     Prepared by             Date               Reference no.     Version/Issue
 Material
 Transport               Queensland              Reprint current    -                 -
 Infrastructure Act      Government              from 19 Feb
 (1994)                                          2024
 Planning Act (2016)     Queensland              Reprint current    -                 -
                         Government              from 27 Apr
                                                 2025
 Vehicular access to     Department of           2023               -                 -
 state-controlled        Transport and Main
 roads policy            Roads
 Guide to Traffic        Department of           Dec 2018           -                 -
 Impact Assessment       Transport and Main
                         Roads
 Road Planning and       Department of           Nov 2021           -                 2nd edition
 Design Manual           Transport and Main
                         Roads
 Initial application




                                                                                           Page 5 of 12

Page 6

Confirmation Notice   Noosa Council         26 Aug 2025   MCU25/0090   -
                                                          &
                                                          OPW25/0136
Town Planning          Adapt Development    August 2025   20250996     -
Report                 Management Pty Ltd
Acoustic Report        Acoustic Works       18 Jul 2025   2025219      Revision R01A
Operational and        Ingeniir Pty Ltd     24 Jul 2025   251502       Issue 1
Engineering Works
Plans
Landscape Concept Blackburne Jackson        11 Aug 2025   7338         Issue B
Plans
Proposal Plans         Blackburne Jackson   08 Jul 2025   7338         Issue 01
State Code 1           Adapt Development    August 2025   20250996     Version 3.3
Assessment             Management Pty Ltd
Stormwater             Ingeniir Pty Ltd     24 Jul 2025   251502-SMP   Revision 01
Management Plan
Traffic Engineering    Hayes Traffic        August 2025   251299       Version DA 01
Report                 Engineering
Information request response
Letter to DSDIP –      Adapt Development    16 Oct 2025   20250996     -
Information            Management Pty Ltd
Response
Revised Engineering Ingeniir Pty Ltd        20 Oct 2025   251502       Issue 3
Plans
Revised Landscape      Blackburne Jackson   10 Oct 2025   7338         Issue D
Plans
Revised Proposal       Blackburne Jackson   10 Oct 2025   7338         Issue 03
Plans
Traffic Engineering    Hayes Traffic        10 Oct 2025   251299       -
Response               Engineering




                                                                           Page 6 of 12

Page 7

                                          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.




                                                                                            Page 7 of 12

Page 8

                                            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




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           (b) a person appeals to the Planning and Environment Court against a decision under the
              Planning Act on the planning application.
       (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.




                                                                                             Page 9 of 12

Page 10

                                                          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.




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     (8) The making of an application does not affect the original decision, or the carrying out of the
         original decision, unless it is stayed.
     (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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Page 12

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PROPOSED MULTILE DWELLINGS

THE MACKY GROUP PTY LTD
‘Y7MYALL STREET, 15 MYALL STREET COOROY

 

 

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(Vehicle Crossings Heavy Duty drawing

 

 

 

 

 

 

PROPOSED SITE LAYOUT
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