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2301-32940 SRA - Response with conditions (MCU22_0206)

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

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RA6-N




SARA reference:        2301-32940 SRA
Council reference:     MCU22/0206
Applicant reference:   22-019



23 February 2023

Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin QLD 4565
[email protected]

Attention:       Georgina Schramm


Dear Sir/Madam


SARA referral agency response—19 Yurol Forest Drive,
Pomona
(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 19 January 2023.


Response
Outcome:                            Referral agency response – with conditions
Date of response:                   23 February 2023
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 dwelling house

SARA role:                          Referral agency
SARA trigger:                      Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1


                                                                             South East Queensland (North) regional
                                                                             office
                                                                             Level 4, Foundation Place 3 South Sea
                                                                             Islander Way, Maroochydore
 Page 1 of 7                                                                 PO Box 1129, Maroochydore QLD 4558
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                                                                                                   2301-32940 SRA




                                        (Planning Regulation 2017)

                                        Development application for a material change of use of a premises
                                        within 25m of a state-controlled road
SARA reference:                         2301-32940 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         19 Yurol Forest Drive, Pomona
Real property description:              Lot 6 on RP42647
Applicant name:                         Alex Corrigan
                                        c/- Urban Catalyst 3 Pty Ltd
Applicant contact details:              PO Box 7044
                                        Sippy Downs QLD 4556
                                        [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: TMR23-038485
                                         Date: 22 February 2023

                                        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
considerations:                         the Human 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 Richard Wilson, Senior Planning Officer, on 5352 9774 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Danika Cowie
Principal Planning Officer



 State Assessment and Referral Agency                                                                  Page 2 of 7

Page 3

                                                                                     2301-32940 SRA



cc      Alex Corrigan, [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 7

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                                                                                                    2301-32940 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
 Material change of use
 10.9.4.2.4.1 – Material change of use of premises 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 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               (a) and (b) At all times.
                  accordance with Figure 4 – Proposed Clearing Extents,
                  dated 30 November 2022, prepared by Urban Catalyst 3 and              (c) Prior to the
                  project number 22-019 as amended in red by SARA on 23
                                                                                        commencement of use.
                  February 2023.

           (b)    Road access works comprising a low-density residential
                  crossing 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'
                  Road Planning and Design Manual 2nd Edition and IPWEA
                  Standard Drawing RS-049 & RS-050.




 State Assessment and Referral Agency                                                                   Page 4 of 7

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                                                                                           2301-32940 SRA




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.
2.      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:
        http://spp.dsdip.esriaustraliaonline.com.au/geoviewer/map/planmaking. This tool allows
        searches on a registered lot number and/or property address to determine whether and how
        the QDC applies to the land.
3.      Road works approval
        Under section 33 of the Transport Infrastructure Act 1994, written approval is required from the
        Department of Transport and Main Roads to carry out road works on a state-controlled road.
        Please contact the Department of Transport and Main Roads’ on
        [email protected] with the completed application form and supporting
        information to make an application for road works approval. This approval must be obtained
        prior to commencing any works on the state-controlled road reserve. 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 of
        Transport and Main Roads’ as soon as possible to ensure that gaining approval does not delay
        construction. Further information on applying for road works approval is available here:
        https://www.tmr.qld.gov.au/Community-and-environment/Planning-and-development/Other-
        matters-requiring-approval#roadworks




State Assessment and Referral Agency                                                           Page 5 of 7

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                                                                                        2301-32940 SRA




Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for SARA’s decision
 The development application is for a development permit for material change of use for a dwelling
   house.
 The development site is located at 19 Yurol Forest Drive, Pomona, which is formally described as Lot
   6 on RP42647.
 The development site is located within 25 metres of Yurol Forest Drive, which is a state-controlled
   road.
 The development required referral to SARA for assessment against the State Development
   Assessment Provisions (SDAP) version 3.0, State code 1: Development in a state-controlled road
   environment (State code 1).
 SARA has assessed the development and found the development complies with State code 1,
   subject to a condition to:
       o ensure the road access location to the state-controlled road from the site does not
            compromise the safety and efficiency of the state-controlled road.

Material used in the assessment of the application:
      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP (version 3.0), as published by SARA
      the Development Assessment Rules
      SARA DA Mapping system
      Human Rights Act 2019.



Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)




    State Assessment and Referral Agency                                                    Page 6 of 7

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                                                  2301-32940 SRA




Attachment 5—Documents referenced in conditions
(page left intentionally blank)




 State Assessment and Referral Agency                Page 7 of 7

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