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TIA - Application decision - s62A (PA) - Approval_1
Attached to the e-mail MCU23/0079 - SARA approval.
Our ref TMR23-039593
Your ref 230301
Enquiries Mitchell Fuller
Department of
18 October 2023 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 MCU23/0079, lodged with Noosa Shire Council involves
constructing or changing a vehicular access between Lot 22C5605, the land the subject of the
application, and Cooroy Connection Road (a state-controlled road).
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 Clarie Shellard Pty Ltd C/- URBN Town Planning Pty Ltd
PO Box 81
Buderim QLD 4556
Application Details
Address of Property 17 Myall Street, Cooroy QLD 4563
Real Property Description 22C5605
Aspect/s of Development Material Change of Use – Development Permit for Multiple
Dwelling (4 Units)
Decision (given under section 67 of TIA)
It has been decided to approve the application, subject to the following conditions:
No. Conditions of Development Approval Condition Timing
Development Permit – Material Change of Use to establish a Car Wash
1 The permitted road access location between Lot 22C5605 and At all times
Cooroy Connection Road is at approximate Longitude
152°54'37.39"E, Latitude 26°25'14.21"S, generally in
accordance with:
Plan: Proposed Layout, prepared by DME Projects,
dated 27 September 2023, drawing number 03, revision
B.
1 Please refer to the further approvals required under the heading ‘Further approvals’
Program Delivery and Operations Telephone +61 7 (07) 5451 7004
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 Development Approval Condition Timing
2 (a) Road access works comprising a vehicle crossing – (a) & (b) Prior to commencement of
residential driveway, must be provided at the permitted road use and to be maintained at all
access location, in particular: times.
The crossover must be 5.5m wide at the property
boundary, extending from the pavement edge of Cooroy
Connection Road to a minimum of 6m within the property
boundary.
(b) The road access works must be designed and constructed in
accordance with Department of Transport and Main Roads:
Institute of Public Works Engineering Australasia
(IPWEA), Standard Drawing RS-049 & RS-050.
Department of Transport and Main Roads' Road
Planning and Design Manual, 2nd Edition.
3 Direct access is not permitted between Cooroy Connection At all times.
Road and Lot 22C5605, at any location other than the permitted
access locations identified in Condition 1.
Reasons for the decision
The reasons for this decision are as follows:
a) Vehicular access must not compromise 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:
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
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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.
If further information about this approval or any other related query is required, Mr Mitchell Fuller,
Town Planner should be contacted by email at [email protected] or on (07) 5451
7055.
Yours sincerely
Clemm Davidson
A/Senior Town Planner
Attachments: Attachment A – Decision evidence and findings
Attachment B – Section 70 of TIA
Attachment C – Appeal Provisions
Attachment D – Permitted Road Access Location Plan
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Attachment A
Decision Evidence and Findings
Findings on material questions of fact:
a) The objective of the Transport Infrastructure Act 1994 (TIA) requires the establishment of
a road regime that is safe and efficient.
b) Section 62 of the TIA provides for the Chief Executive of the Department of Transport
and Main Roads (the department) to make decisions about permitted road access
locations between particular land and a state-controlled road.
c) The development application (Council reference: MCU23/0079) seeks a Development
Permit for a Material Change of Use to establish Multiple Dwellings (4 Units).
d) The proposal includes a new or changed access to Cooroy Connection Road, a state-
controlled road under the jurisdiction of the department and is an application under s62A
of Transport Infrastructure Act 1994 (TIA).
e) Cooroy Connection Road is a two-lane road, sealed with double white lines only broken
for accesses and intersections.
f) Access to the site is proposed via Cooroy Connection Road and is restricted to left-
in/left-out only. Lot 22C5605 has an existing driveway to Cooroy Connection Road and is
proposed to be upgraded to facilitate the proposed development use.
g) No local road access is available from the site.
h) Sight distance at the proposed access location is acceptable and clear from obstruction.
i) The access location is at a point of decision between a right and left turn lane at the
Myall Street/Elm Street intersection.
j) To improve safety outcomes a driveway treatment is required to provide for additional
manoeuvring for passing vehicles and to minimise the impacts to safety and efficiency on
the state-controlled road.
k) The proposed development can be effectively implemented without significant impacts to
the safety and efficiency of the state-controlled road network with the conditioned access
requirements.
Evidence or other material on which findings were based:
Title of Evidence / Prepared by Date Reference no. Version
Material / Issue
Transport Infrastructure Queensland Reprint N/A N/A
Act 1994 Government current at 21
July 2020
Planning Act 2016 Queensland Reprint N/A N/A
Government current at 18
June 2021
Road Planning and Department of August 2014 N/A 2nd Edition
Design Manual Transport and Main
Roads
Guide to Road Design Austroads 2021 - Edition 3.1
Part 4A: Unsignalised
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Page 5
and Signalised
Intersections
AS289.1 Parking Australian Standards 2004 AS/NZS -
Facilities – Off-street car 2890.1:2004
parking
Vehicular access to Department of July 2019 N/A Version 1.0
state-controlled roads Transport and Main
policy (version 1.0) Roads
Management of access
between adjacent land
and state-controlled
roads
Guide to Traffic Impact Department of December N/A 1.2
Assessment Transport and Main 2018
Roads
Development URBN Town June 2023 Document -
Assessment Report Planning Reference:
230301
Proposal Plans DME Projects 27 Drawing No. 01 B
September to 11
2023
Response to SRA DME Projects 28 230303 -
Further Advice Request September
2023
Engineering Report and DME Projects 25 May 2023 230303-R01 A
Stormwater Management
Plan
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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.
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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
(b) a person appeals to the Planning and Environment Court against a decision under the
Planning Act on the planning application.
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(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.
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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.
(8) The making of an application does not affect the original decision, or the carrying out of the
original decision, unless it is stayed.
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(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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Attachment D Permitted Road Access Location Plan Condition 1 Google Earth - New Placemark || lattude: | 262514275 | Longitude: | 152°54'37,39°E | Page 11 of 12
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