2501-44605 SRA_Response_MCU24-0165_OPW24-0222

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                                                                                                  2502-44605 SRA




     SARA role:                   Referral agency
     SARA trigger:                Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 (Planning
                                  Regulation 2017)

                                  Development application for a material change of use within 100m of a
                                  state-controlled road intersection
     SARA reference:              2502-44605 SRA
     Assessment manager:          Noosa Shire Council
     Street address:              5 School Street, Pomona; 22 Rifle Street, Pomona
     Real property                Lot 14 on RP35096; Lot 1 on RP35098
     description:
     Applicant name:              Ashburton Re Holdings Pty Ltd
                                  C/- Brennan Planning Pty Ltd
     Applicant contact details:    44 Maple Street
                                   Cooroy QLD 4563
                                   [email protected]
     Human Rights Act 2019        A consideration of the 23 fundamental human rights protected under the
     considerations:              Humans Right Act 2019 has been undertaken as part of this decision. It
                                  has been determined that this decision does not limit human rights.


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 3.

A copy of this response has been sent to the applicant for their information.

For further information please contact Rosanna Nobile, Planning Officer, on 07 5352 9777 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc         Ashburton Re Holdings Pty Ltd C/- Brennan Planning Pty Ltd, [email protected]

enc        Attachment 1 - Advice to the applicant
           Attachment 2 - Reasons for referral agency response
           Attachment 3 - Representations about a referral agency response provisions




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Attachment 1—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 3.2). If a word remains
          undefined it has its ordinary meaning.
 State-controlled roads
 2.       Transport noise corridor: Mandatory Part (MP) 4.4 of the Queensland Development Code
          (QDC) commenced on 1 September 2010 and applies to building work for the construction or
          renovation of a residential building in a designated transport noise corridor. MP4.4 seeks to
          ensure that the habitable rooms of Class 1, 2, 3 and 4 buildings located in a transport noise
          corridor are designed and constructed to reduce transport noise. Transport noise corridor
          means land designated under Chapter 8B of the Building Act 1975 as a transport noise
          corridor.

          A free online search tool can be used to find out whether a property is located in a designated
          transport noise corridor. This tool is available online at:
          https://www.business.qld.gov.au/industries/building-property-
          development/buildingconstruction/laws-codes-standards/queensland-development-
          code/transport-noise-corridor-search

          This tool allows searches on a registered lot number and/or property address to determine
          whether and how the QDC applies to the land.




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                                                                                                 2502-44605 SRA




Attachment 2—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)


The reasons for SARA’s decision are:
      The development permit for material change of use for multiple dwelling (9 units) with associated
       operational work for road work, stormwater, earthworks, landscaping, car parking & vehicle crossover
       at 5 School Street, Pomona formally described as Lot 14 on RP35096.
      The proposed development has triggered referral for works within 100m of a State-controlled
       intersection.
      SARA assessed the development against the following code of the State Development Assessment
       Provisions (SDAP), version 3.2:
            o State code 1: Development in a state-controlled road environment.
      The development complies with the assessment benchmarks of State code 1 of SDAP (version 3.0)
       in that the development:
            o does not adversely impact the structural integrity or physical condition of the state controlled
                 road
            o does not adversely impact the function and efficiency of the state controlled road
            o maintains access to active transport infrastructure.


Material used in the assessment of the application:

      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP, version 3.2, as published by SARA
      the Development Assessment Rules
      SARA DA Mapping system
      Section 58 of the Human Rights Act 2019




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Attachment 3— Representations about a referral agency response
provisions
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