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Decision under section 62 of the Transport Infrastructure Act 1994 - 2310-37453 SRA
Attached to the e-mail MCU23/0112 & DBW23/0095 - SARA Response with conditions.
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Enquiries Philip Daniels
Department of
17 June 2024 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 MCU23/0112, lodged with Noosa Council involves
constructing or changing a vehicular access between Lot 2RP196994, the land the subject of the
application, and Kin Kin Road (Road number: 141), locally known as 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 Richard and Sandra Mathison C/- Brennan Planning Pty Ltd
44 Maple Street
Cooroy QLD 4563
Application Details
Address of Property 1073 Pomona Kin Kin Road, Kin Kin QLD 4571
Real Property Description 2RP196994
Aspect/s of Development Development Permit for Material Change of Use to Convert
Existing Dwelling House to Short-term Accommodation
Decision (given under section 67 of TIA)
It has been decided to approve the application, subject to the following conditions:
No. Conditions of Approval Condition Timing
1 The Permitted Road Access Location is located between Lot At all times.`
2RP196994 and Pomona Kin Kin Road at approximate Longitude
152.879140, Latitude -26.277899 between Lot 2RP196994 and
Pomona Kin Kin Road, the state-controlled road in accordance
with Attachment D - Permitted Road Access Location.
2 (a) Road access works must be provided at the Permitted Road Prior to the commencement
Access Location and comprise: of the use of the Road
Access Works and to be
1 Please refer to the further approvals required under the heading ‘Further approvals’
Program Delivery and Operations Telephone +61 7 5451 7055
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 Approval Condition Timing
A rural property driveway with a minimum width of 5.5m; maintained at all times.
and
Sealed from a pavement edge to the property boundary.
(b) The road access works must be designed and constructed in
accordance with:
the Department of Transport and Main Roads Standard
Drawing 1807 Rural Property Access Type A; and
the Department of Transport and Main Roads Road
Planning and Design Manual (RPDM), 2nd edition.
3 Direct access is prohibited between Pomona Kin Kin Road and At all times.
Lot 2RP196994 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) The vehicular access must not compromise safety of the users of the state-controlled
road network or any other transport infrastructure.
b) The vehicular access must be consistent with the functional requirements of the state-
controlled road.
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
under the TIA. A copy of the review provisions under TIA and TPCA are attached in
Attachment C for information.
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Page 3
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, the North Coast
Region Corridor Management team should be contacted by email at
[email protected] or on (07) 5451 7055.
Yours sincerely
Lena Hobson
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
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Attachment A
Decision Evidence and Findings
Findings on material questions of fact:
The objective of the Transport Infrastructure Act 1994 (TIA) requires the establishment of
a road regime that is safe and efficient.
Section 62 of the TIA provides for the Chief Executive of the Department of Transport
and Main Roads (TMR) to make decisions about permitted road access locations
between particular land and a state-controlled road.
The development application is for a Development Permit for a Material Change of Use
to Convert Existing Dwelling House to Short-term Accommodation.
The proposal includes an access to the state-controlled road from Lot 2RP196994 and is
an application under section 62A of TIA.
The proposed development is adjacent to Pomona Kin Kin Road, a state-controlled road
(Kin Kin Road / 141).
Pomona Kin Kin Road is not declared a limited access road.
There is no local road access available.
Pomona Kin Kin Road is rural road with a table drain at the subject site frontage. There
are two lanes of traffic, one in each direction with a double centre line (broken at the
access location) and a posted speed limit of 70km/hr at the access point.
The Annual Average Daily Traffic at the access point was listed as 1072 (2021) with 525
gazettal and 547 against gazettal direction with a heavy vehicle percentage of 16%.
Sight distances at the access location are limited by vegetation and road alignment.
The assessment demonstrated that the minimum sight distance requirements were met
at the access location.
To ensure vehicles can safely enter and exit the state-controlled road the access must
be upgraded to the minimum rural driveway standard.
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/Issue
Material
Transport Reprint current
Queensland
Infrastructure Act from 19 - -
Government
1994 February 2024
Reprint current
Queensland
Planning Act 2016 from 26 April - -
Government
2024
Vehicular access to Department of
state-controlled Transport and Main 2023 - -
roads policy Roads
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Page 5
Department of
Guide to Traffic
Transport and Main 2018 - -
Impact Assessment
Roads
Department of
Road Planning and
Transport and Main 2021 - 2nd Edition
Design Manual
Roads
Confirmation Notice Noosa Council 10 Oct 2023 MCU23/0112 -
&
DBW23/0095
Town Planning Brennan Planning Aug 2023 N/A -
Assessment Report Pty Ltd
Appendix A – Plans Richard Mathison 23 Aug 2023 N/A -
of Existing Dwelling
Appendix B – New G.J. Gardner Homes 13 Jul 2023 GJGG430718 REV G
Dwelling Plans
Traffic Impact Auxilium Consulting 12 Apr 2024 N/A REV 3
Assessment Pty Ltd
Email to SARA – Jaro Bauleka – 04 May 2024 N/A -
Applicant response Auxilum Consulting
to TMR review
Traffic Impact Auxilium Consulting 03 Jun 2024 N/A REV 4
Assessment Pty Ltd
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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
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