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2008-18366 SRA - Response with conditions (1) · MCU20/0074

Attached to the e-mail MCU20/0074 - SARA response with conditions.

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RA6-N




SARA reference:        2008-18366 SRA
Council reference:     MCU20/0074
Applicant reference:   0136



20 October 2020

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

Attention:       Ms Lisa Pienaar


Dear Ms Pienaar


SARA response—33 Tewantin Road, Cooroy
(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 August 2020.


Response
Outcome:                            Referral agency response – with conditions
Date of response:                   20 October 2020
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 - Multiple dwelling
                                                               (3 dwellings)

SARA role:                          Referral Agency
SARA trigger:                       Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1
                                    (10.9.4.2.4.1) – Material change of use of premises near a state
                                    transport corridor (Planning Regulation 2017)
SARA reference:                     2008-18366 SRA
Assessment Manager:                 Noosa Shire Council


                                                        South East Queensland (North) regional office
                                                        Mike Ahern Building, Level 3, 12 First Avenue, Maroochydore
 Page 1 of 7                                            PO Box 1129, Maroochydore QLD 4558
Full text of the other 6 pages

Page 2

                                                                                                   2008-18366 SRA




Street address:                         33 Tewantin Road, Cooroy
Real property description:              Lot 107 on C5604
Applicant name:                         Michael Tarrant C/- Pivotal Perspective Pty Ltd
Applicant contact details:              4/59 Mary St
                                        Noosaville QLD 4566
                                        [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 provided in conjunction with SARA’s response:
                                         Approved
                                         Reference: TMR20-030840
                                         Date: 19 October 2020

                                        If you are seeking further information on the road access permit,
                                        please contact the Department of Transport and Main Roads at
                                        [email protected]
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 Jackie Larrarte, Senior Planning Officer, on 07 4122 0408 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Susan Kidd
Manager (Program Improvement)

cc      Michael Tarrant C/- Pivotal Perspective Pty Ltd, [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 - Approved plans




 State Assessment and Referral Agency                                                                  Page 2 of 7

Page 3

                                                                                                       2008-18366 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 plans referenced below are found at Attachment 5)


 No.     Conditions                                                                     Condition timing
 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(s):
 1.      (a)   Vehicular access from the existing dwelling to Tewantin Road is          (a) At all times
               to be located generally in accordance with the Site Layout Plan
               prepared by Abode Solutions, dated 05.10.2020, drawing no.
               SD03 and revision A (as amended in red by SARA on 20
               October 2020).
         (b)   Road access works comprising a low density residential vehicle           (b) and (c)
               crossing must be provided at the road access location specified          Prior to the
               in part (a) of this condition.                                           commencement of use
         (c)   The road access works must be designed and constructed in
               accordance with the following standards:
                i.    Vehicle Crossing Low Density Residential Plan 1 of 2
                      prepared by the Institute of Public Works Engineering
                      Australasia, dated 01/19, drawing no. RS-049 and revision
                      E
               ii.    Vehicle Crossings Residential Driveways Plan 2 of 2
                      prepared by the Institute of Public Works Engineering
                      Australasia, dated 10/17, drawing no. RS-050 and revision
                      G
               iii.   Department of Transport and Main Roads’ Road Planning
                      and Design Manual (2nd edition).
 2.      Direct access is not permitted between the duplex and Tewantin                 At all times
         Road.




 State Assessment and Referral Agency                                                                      Page 3 of 7

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                                                                                            2008-18366 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 2.6. If a word remains
        undefined it has its ordinary meaning.

Further permit requirements
2.      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 (including driveways) on a
        state-controlled road.

        Please contact the Department of Transport and Main Roads (DTMR) on
        [email protected] 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 DTMR as soon as possible to ensure that gaining approval does not delay
        construction.
3.      The applicant is advised that if any works and/or connections are required to public utility
        services within a state-controlled road reserve, approval must be given by DTMR under the
        relevant public utility legislation (electricity, water/sewer, telecommunication), and in
        accordance with DTMR technical standards (TN163). Approvals must be obtained prior to
        commencing any utility works within the state-controlled road reserve.

        Please contact the public utility team via [email protected] for further information on
        the application and approval process.




State Assessment and Referral Agency                                                           Page 4 of 7

Page 5

                                                                                                 2008-18366 SRA




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

The reasons for SARA’s decision are:
The development complies with State code 1: Development in a state-controlled road environment of the
SDAP. Specifically, the development:
       does not create a safety hazard for users of a state-controlled road
       does not compromise the structural integrity of state-controlled roads, road transport infrastructure or
        road works
       does not result in a worsening of the physical condition or operating performance of state-controlled
        roads and the surrounding road network
       does not compromise the state’s ability to construct, or significantly increase the cost to construct
        state-controlled roads and future state-controlled roads
       does not compromise the state’s ability to maintain and operate state-controlled roads, or
        significantly increase the cost to maintain and operate state-controlled roads
       does not compromise the structural integrity of public passenger transport infrastructure or
        compromise the operating performance of public passenger transport services
       avoids or mitigates significant adverse impacts resulting from environmental emissions generated by
        vehicles on 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 2.6), as published by SARA
       The Development Assessment Rules
       SARA DA Mapping system.




    State Assessment and Referral Agency                                                             Page 5 of 7

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                                                        2008-18366 SRA




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




 State Assessment and Referral Agency                      Page 6 of 7

Page 7

                                        2008-18366 SRA




Attachment 5—Approved plans
(page left intentionally blank)




 State Assessment and Referral Agency      Page 7 of 7

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