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2109-24975 SRA - Referral agency response

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RA9-N




SARA reference:       2109-24975 SRA
Council reference:    MCU21/0150

20 October 2021

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

Attention:        Lisa Pienaar


Dear Ms Pienaar,


SARA response—9 Rules Road, 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 29 September 2021.


Response
Outcome:                            Referral agency response – with conditions
Date of response:                   20 October 2021
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 for Material Change of Use – Multiple Dwelling
SARA role:                          Referral Agency
SARA trigger:                       Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1
                                    (10.9.4.2.4.1) - State transport corridors and future State transport
                                    corridors (Planning Regulation 2017)
SARA reference:                     2109-24975 SRA
Assessment Manager:                 Noosa Shire Council
Street address:                     9 Rules Road, Pomona
Real property description:          190 on MCH1261
Applicant name:



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Page 2

                                                                                           2109-24975 SRA




 Applicant contact details:




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 Alex Keane, Senior Planning Officer, on 07 3452 6768 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc

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 plan




 State Assessment and Referral Agency                                                         Page 2 of 7

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                                                                                                    2109-24975 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) (A copy of the plan referenced below is found in Attachment 5).


 No.     Conditions                                                             Condition timing
 10.9.4.2.4.1—The chief executive administering the Planning Act 2016 nominates the Director-General
 of the Department of Transport and Main Roads (DTMR) 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.      Vehicular access must be provided generally in accordance              Prior to the commencement of
         with the Site Plan, prepared by bespoke building design,               use and to be maintained at all
         dated 02/20/2021, drawing reference B210717, issue B and               times
         as amended in red by SARA.




 State Assessment and Referral Agency                                                                   Page 3 of 7

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                                                                                          2109-24975 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.




State Assessment and Referral Agency                                                         Page 4 of 7

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                                                                                            2109-24975 SRA




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

The reasons for the 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 the SARA
 The Development Assessment Rules
 SARA DA Mapping system
 Human Rights Act 2019




 State Assessment and Referral Agency                                                          Page 5 of 7

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                                                        2109-24975 SRA




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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                                        2109-24975 SRA




Attachment 5—Approved plan
(page left intentionally blank)




 State Assessment and Referral Agency      Page 7 of 7

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