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1806-5752 SRA TIA - Application decision - s62A (Council ref MCU180084) · MCU18/0084
Attached to the e-mail Referral Agency Response - with conditions - MCU18/0084.
Our ref TMR18-024815
Your ref 18135
Enquiries Susan Brown
Department of
Transport and Main Roads
10 July 2018
Deci
sionNot
ice–Per
mit
tedRoadAccessLocat
ion
(s62(1) Transport Infrastructure Act 1994)
This is not an authorisation to commence work on a state-controlled road1
Development application reference number MCU18/0084, lodged with Noosa Shire Council involves
constructing or changing a vehicular access between Lot 26M37911, the land the subject of the
application, and Pomona Kin Kin 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 Sarah Keating & Simon Marsh C/- Project Urban
PO Box 6380
Maroochydore B.C. QLD 4558
Application Details
Address of Property 340 Pomona Kin Kin Road, Pinbarren QLD 4568
Real Property Description 26M37911
Aspect/s of Development for Visitor Accommodation - Type 3 Rural
TMR has assessed your application, including the following documents:
Documents:
1. DA Form 1
2. Site Plan, prepared by Jim Moehead Building Design & Drafting, dated 1 May 2018, drawing
no. 180404-A1, revision A
3. Development Assessment Report, prepared by Project Urban, dated 23 May 2018,
reference 18135, revision Final
Decision (given under section 67 of TIA)
It has been decided to approve the application, subject to the following conditions:
1. The Permitted Road Access Location is to be
1 Please refer to the further approvals required under the heading ‘
Further approvals’
Program Delivery and Operations Branch Telephone (07) 5451 7058
North Coast District / Maroochydore Office, 12 First Avenue Maroochydore Queensland 4558 Website www.tmr.qld.gov.au
PO Box 1600 Maroochydore Queensland 4558 ABN: 39 407 690 291
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Page 2
a. between Lot 26 M37911 and Pomona Kin Kin Road (Road Number 141) at approximately
Latitude -26.324957 and Longitude 152.861998; and
2. Restrictions/Conditions of Use
a. The permitted land use is 6 self contained holiday cabilns, private residence and farming
b. Use is not permitted to commence until such time that road works and/or road access
works on the state controlled road as required by the conditions of the development
approval are accepted as completed by TMR
c. Use for the purposes of construction access to the site is subject to the following additional
conditions:
i. Construction access location must be at the permitted road access location
ii. Construction access must have an approved TCP in place prior to commencement of
use
iii. Construction access standard shall be Institue of Public Works Engineering
Aus tral
as i
aSt andar dDrawi ngsRS- 056RevE–Dr iveway sRur al
Dri
veway
iv. Use during construction must not transport any debris, sediment or materials onto the
state controlled road. The property owner must immediately notify TMR of any debris,
sediment of materials deposited on the state controlled road. The debris, sediment of
materials shall be cleaned off at the cost of the property owner.
d. Exit and Entry must be in a forward direction
e. Largest vehicle approved for regular use is a 12.5m long heavy vechilce
f. Direct access is prohibited between Road and Lot at any other location other than the
permitted road access location.
g. Any property gate must be positioned wholly within the boundaries of the property, in
accordance with Austroads Guide to Road Design Part 4. The gate must not open towards
the road.
3. Location of Road Access Works
a. Road Access Works are required between the Permitted Road Access Location and
Pomona Kin Kin Road (Road Number 141) at approximately Latitude -26.324957 and
Longitude 152.861998.
4. Conditions or restriction on use road access works
a. All Road Access Works shall be constructed at the cost of the applicant.
b. The completed Road Access Works shall be maintained at the cost of the property owner.
c. Prior to commencement of any works you must have written authority from the Department
of Transport and Main Road to construct works within the state controlled road. This
decision is NOT authority to construct works.
5. Standard of Road Access Works
a. Road Access Works must be provided at the permitted access location generally in
accordance with Institute of Public Works Engineering Australasia (IPWEA) Standard
Drawing RS-056 rev E, Driveways Rural Driveway
b. Special Conditions
i. The road access works shall not cause stormwater to flow along the surface of the
road;
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Page 3
ii. Gr avel shal lbemi ni
mum Ty pe2. 5i nac cordanc ewi thTMR’ sSt andar dSpec i
fi
c ation
MRTS05;
iii. Gravel shall be compacted in layers of not more than 150mm;
iv. Any pipe culverts shall be appropriately sized;
v. Pipe culvert shall be a minimum 450dia precast concrete conforming to Australian
Standard 4058 and installed in accordance with manufacturers recommendations;
vi. Pipes shall be installed so that the invert of the culvert is at the level of the invert of
the clean (desilted) table drain and have a continuous positive longitudinal grade to
prevent ponding of water;
vii. All culvert headwalls shall be sloping at a 30 degree angle and have a cutoff wall at
the downstream end
viii. The road access works shall be a minimum of a two coat seal sealed a
minimum distance of 10m from the edge of the sealed shoulder or to the property
boundary.
6. Duration of Decision
a. This decision remains in force only while there is no change to the current land use and
intensity on the property.
b. There is no guarantee of the continuation of these road access arrangements, as this
depends on future traffic safety and efficiency circumstances of the state-controlled road
network.
Reasons for the decision
The reasons for this decision are as follows:
a) Adequate sight distance is available at the access location.
b) No adverse crash history exists at the access location.
c) The objective of the Transport Infrastructure Act 1994 (TIA) require the establishment of
a road regime that is safe and efficient.
d) The intensification of use of the access will not result in significant impacts to the safety
or efficiency of the road network.
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 A, as required, for your
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
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Page 4
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 B for
your 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 B for information.
Further approvals
TMR also provides the following information in relation to this approval:
1. RoadAccessWor
ksPer
mitRequi
red–Thi
sper
mitdoesnotcons
ti
tut
eaDeci
si
onunderSect
ion
33 of TIA. Written approval is required from the Department of Transport and Main Roads 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. Please refer to the section 33 conditional approval
provided separate to this letter.
If you require further information about this approval or any other related query, I encourage you to
contact TMR by email at [email protected] or call on (07) 5451 7055.
Yours sincerely
Nicola Powell
A/Principal Advisor
Attachments: AttachmentA–Dec isi
onev i
denc eandf
indi
ngs
Attachment B - Section 70 of TIA
Attachment C - Appeal Provisions
Attachment D - Permitted Road Access Location Plan
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Page 5
Attachment A
Decision Evidence and Findings
Findings on material questions of fact:
a) Adequate sight distance is available at the access location.
b) No adverse crash history exists at the access location.
c) The objective of the Transport Infrastructure Act 1994 (TIA) require the establishment of
a road regime that is safe and efficient.
d) The intensification of use of the access will not result in significant impacts to the safety
or efficiency of the road network.
Evidence or other material on which findings were based:
Title of Evidence / Prepared by Date Reference no. Version/Issue
Material
Transport Queensland Current at 30 N/A N/A
Infrastructure Act Government June 2017
1994
Road Planning and Department of July 2013 N/A 2nd Edition
Design Manual Transport and Main
Chapter 13 Roads
Site Plan Jim Moehead 1 May 2018 180404-A1 A
Building Design &
Drafting
Development Project Urban 23 May 2018 18135 Final
Assessment Report
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Page 6
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) Aper
sont
owhom t
hiss
ect
ionappl
i
esmustnot
—
(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 per
son’
scontrol;
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.
Maxi
mum penal
ty—200penal
tyuni
ts.
(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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Page 7
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,par
t5,di
vi
si
on2—
(a) applies to the review; and
(
b)pr
ovi
des
—
(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) TheTr
ans
por
tPl
anni
ngandCoor
dinat
i
onAct1994,par
t5,di
vi
si
on3—
(a) applies to the appeal; and
(
b)pr
ovi
des
—
(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) Subs
ect
ion(
5)appl
i
esi
f—
(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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Page 8
(b) a person appeals to the Planning and Environment Court against a decision under
the Planning Act on the planning application.
(5) Thecour
tmayor
der
—
(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) I
nthi
ssect
ion—
original decision means a decision described in schedule 3.
reviewed decision meanst
hechi
efexecut
ive’
sdec
isi
ononar
evi
ewunders
ect
ion485.
Page 8 of 11
Page 9
Transport Planning and Coordination Act 1994
Par
t5,Di
vi
si
on2–Revi
ewofOr
igi
nal
Deci
si
ons
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)Thest
ay—
(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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Page 10
(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)I
nthi
ssect
ion—
relevant entity means—
(
a)i
fther
evi
eweddeci
si
onmayber
evi
ewedbyQCAT—QCAT;or
(
b)i
fther
evi
eweddeci
si
onmaybeappeal
edt
otheappeal
c our
t—t
heappealcour
t.
35 Time for making appeals
(
1)Aper
sonmayappealagai
nstar
evi
eweddec
isi
ononl
ywi
t
hin—
(a) if a decision notice is given to the per
son—28days 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
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[OCR of page images]
Attachment D - Permitted Road Access Location Plan
a?
f/
ff
deg ¥: -2BS2N95797 deg
Style *
aw 26M37911
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