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TIA - Application decision - s62A (PA) - Approval_1 (003)
Attached to the e-mail MCU22/0194 - SRA application correspondence - Referral agency response – with conditions..
Our ref TMR22-038106
Your ref 220219
Enquiries Mitchell Fuller
Department of
5 January 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 MCU22/0194 & PLM22/0040, lodged with Noosa Shire
Council involves constructing or changing a vehicular access between Lot 106C5604, the land the
subject of the application, and Cooroy - Noosa Road (a state-controlled road, road number 142).
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 Fastwin Investments Pty Ltd C/- ADAMS + SPARKES Town
Planning
PO Box 1000
Buddina QLD 4557
Application Details
Address of Property 31 Tewantin Road, Cooroy QLD 4563
Real Property Description 106C5604
Aspect/s of Development Material Change of Use – Development Permit for Multiple
dwelling
Decision (given under section 67 of TIA)
It has been decided to approve the application, subject to the following conditions:
Condition
No. Conditions of Development Approval
Timing
1 (a) The Permitted Road Access Location between Cooroy - Noosa Road (a)
and the subject lot (Lot 106 on C5604) is to be located in accordance At all times.
with:
Latitude 26°24'54.34"S, Longitude 152°54'55.36"E (b) & (c)
Site Plan, prepared by Ausmar Homes, dated 26 October 2022, Prior to the
reference sheet 0.001, revision C. commencement
of the use and
(b) Road access works comprising a vehicle crossing – residential maintained at all
driveway, must be provided at the permitted road access location. times.
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
Level 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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Condition
No. Conditions of Development Approval
Timing
(c) The road access works must be designed and constructed in
accordance with:
Institute of Public Works Engineering Australasia (IPWEA), Standard
Drawing RS-049 & RS-050 – residential driveway.
Department of Transport and Main Roads' Road Planning and
Design Manual, 2nd Edition; and
Department of Transport and Main Roads' Guideline: Treatment
options to improve safety of pedestrians, bicycle riders and other
path users at driveway.
2 A path user sight triangle area must be provided clear of walls, fences, Prior to the
structures (including advertising devices) and any vegetation and commencement
landscaping must remain below 0.5m in height to ensure driver visibility is of the use and
unobstructed as shown on the Site Plan, prepared by Ausmar Homes, maintained at all
dated 26 October 2022, reference sheet 0.001, revision C, as amended in times.
red.
3 Direct access is prohibited between Lot 106 on C5604 and Cooroy - Noosa At all times.
Road at any other location other than the permitted road access location
described 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.
c) The number of access points to a state-controlled road will be minimised to ensure the
through traffic carrying function of the road is maintained.
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
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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.
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] sincerely
Chris Head
Principal Advisor
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 to make decisions about permitted road access locations between
particular land and a state-controlled road.
c) The subject site (Lot 106 on C5604) has existing access to Cooroy - Noosa Road via a
residential driveway and crossover.
d) The development application is for a Development Permit for a Material Change of Use
for a Multiple Dwellings (3 Units).
e) The existing access is proposed to be removed and a new access location is proposed.
f) Access from the state-controlled road will be primarily for proposed Unit 1 only. Access
to a local road is available and will be serving proposed Units 2 & 3.
g) Landscaping and structures have the potential to limit sightlines to vehicles and active
transport users. To ensure adequate warning to all pathway users a path user sight
triangle area is required at the access to minimise obstructions to visibility.
h) To minimise adverse impacts to the state-controlled road a single residential driveway is
required.
i) 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
standard.
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 21 July
1994 2020
Planning Act 2016 Queensland Reprint current - -
Government from 18 June
2021
Guide to Traffic Department of 2018 - -
Impact Assessment Transport and Main
Roads
Vehicular access to Department of July 2019 - -
state-controlled Transport and Main
roads policy Roads
Management of
access between
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Page 5
adjacent land and
state-controlled
roads
Guideline Treatment Department of February 2021 - -
options to improve Transport and Main
safety of Roads
pedestrians, bicycle
riders and other path
users at driveways
Road Planning and Department of August 2014 - 2nd Edition
Design Manual Transport and Main
Roads
Town Planning Adams Sparkes November 220219 -
Report 2022
Site Plan Ausmar Homes 26 October sheet 0.001 C
2022
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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 Access Location and Path User Sight Triangle Area
Permitted access location:
Latitude 26°24'54.34"S, Longitude 152°54'55.36"E
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