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TIA - Application decision - s62A (PA) - Approval_1
Attached to the e-mail RAL22/0017 - SARA Referral agency response – with conditions..
Our ref TMR22-037172
Your ref 3976
Enquiries Clemm Davidson
Department of
Transport and Main Roads
19 September 2022
Deci
sionNot
ice–Per
mit
tedRoadAccessLocat
ion
(s62(1) Transport Infrastructure Act 1994)
This is not an authorisation to commence work on a state-controlled road1
Development application reference number RAL22/0017, lodged with Noosa Shire Council involves
constructing or changing a vehicular access between Lot 6RP35080, the land the subject of the
application, and Kin Kin Road, Road ID:141 (a state-controlled road) locally known as Hill Street.
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 Eagle Surveys Pty Ltd
PO Box 19
Woombye QLD 4559
Application Details
Address of Property 4 Hill Street, Pomona QLD 4568
Real Property Description 6RP35080
Aspect/s of Development Development Permit for Reconfiguring a lot for Residential (1 lot
into 2)
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 locations are at approximate latitude At all times.
-26.36451 longitude 152.86184 and latitude -26.36442 longitude
152.86208 in accordance with:
Subdivision Proposal Plan, prepared by Eagle Surveys, dated
24-5-2022, reference 3976 ROL and revision A.
2 a) Road access works must be provided at the road access Prior to commencement of
locations comprising Vehicle Crossing Residential Driveway. use
b) The road access works must be designed and constructed in
accordance with:
1 Please refer to the further approvals required under the heading ‘
Further approvals’
Program Delivery and Operations Telephone +61 7 (07) 5452 1888
North Coast Region / Maroochydore Office Website www.tmr.qld.gov.au
12 First Avenue Maroochydore QLD 4558 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
i. Department of Transport and Main Roads' Road Planning
and Design Manual, 2nd Edition;
ii. IPWEA Standard Drawings, Vehicle Crossing Residential
Driveway RS-049, Rev C and RS-050, Rev G.
3 Direct access is prohibited between Kin Kin Road (locally known At all times.
as Hill Street) and Lot 6 RP35080 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 or any other transport infrastructure.
b) 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.
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
Page 2 of 11
Page 3
The Department of Transport and Main Roads also provides the following information in relation to
this approval:
1. RoadAc c essWor ksAppr ov alRequi r
ed–Wr i
ttenappr ov alisr equi
redf r
om t hedepar tmentt o
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, North Coast Region,
Development Assessment Team should be contacted by email at [email protected]
or on (07) 5451 7055.
Yours sincerely
Chris Head
Principal Advisor
Attachments: AttachmentA–Dec isi
onev i
denc eandf
indi
ngs
Attachment B - Section 70 of TIA
Attachment C - Appeal Provisions
Attachment D - Permitted Road Access Location Plan
Page 3 of 11
Page 4
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 (the Department) to make decisions about permitted road access locations
between particular land and state-controlled road.
The development application (Council reference: RAL22/0017) seeks a Development
Permit for Reconfiguring a Lot for 1 into 2 lots.
The subject site has a frontage to Kin Kin Road, known locally as Hill Street, a
state-controlled road under the jurisdiction of the department.
There is currently an existing access between the site Lot 6RP35080 to Kin Kin Road,
with no opportunity to gain access from a local road.
Access to proposed lot 2 is proposed to Kin Kin Road.
The posted speed limit is 60km/h near the site.
The access proposed is conditioned to be of a suitable 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 Queensland Reprint - -
Infrastructure Act Government current
1994 from 21 July
2020
Planning Act 2016 Queensland Reprint - -
Government current
from 18 June
2021
Guide to Traffic Department of 2018 - -
Impact Assessment Transport and Main
Roads
Vehicular access to Department of 2019 - -
state-controlled Transport and Main
roads policy Roads
Management of
access between
adjacent land and
state-controlled
roads
Road Planning and Department of August 2014 N/A 2nd Edition
Design Manual Transport and Main
Page 4 of 11
Page 5
Roads
Confirmation Notice Noosa Council 18 August 2022 RAL22/0017 -
Town Planning Eagle Surveys 3 August 2022 4 Hill St -
Report Pomona
Proposal Plan Eagle Surveys 3 August 2022 3976 ROL A
Preliminary Service Ferg & Roeds 28 July 2022 220601-SP01 -
Pan & Statement Consulting Engineers
Page 5 of 11
Page 6
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) Aper
sont
owhom t
hiss
ect
ionappl
i
esmustnot
—
(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 per
son’
scontrol;
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.
Maxi
mum penal
ty—200penal
tyuni
ts.
(3) However, subsection (2)(g) does not apply to a person who is bound by the decision
because of section 68.
Page 6 of 11
Page 7
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,par
t5,di
vi
si
on2—
(a) applies to the review; and
(
b)pr
ovi
des
—
(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) TheTr
ans
por
tPl
anni
ngandCoor
dinat
i
onAct1994,par
t5,di
vi
si
on3—
(a) applies to the appeal; and
(
b)pr
ovi
des
—
(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) Subs
ect
ion(
5)appl
i
esi
f—
(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
Page 7 of 11
Page 8
(b) a person appeals to the Planning and Environment Court against a decision under
the Planning Act on the planning application.
(5) Thecour
tmayor
der
—
(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) I
nthi
ssect
ion—
original decision means a decision described in schedule 3.
reviewed decision meanst
hechi
efexecut
ive’
sdec
isi
ononar
evi
ewunders
ect
ion485.
Page 8 of 11
Page 9
Transport Planning and Coordination Act 1994
Par
t5,Di
vi
si
on2–Revi
ewofOr
igi
nal
Deci
si
ons
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)Thest
ay—
(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.
Page 9 of 11
Page 10
(8) The making of an application does not affect the original decision, or the carrying out of the
original decision, unless it is stayed.
(
9)I
nthi
ssect
ion—
relevant entity means—
(
a)i
fther
evi
eweddeci
si
onmayber
evi
ewedbyQCAT—QCAT;or
(
b)i
fther
evi
eweddeci
si
onmaybeappeal
edt
otheappeal
c our
t—t
heappealcour
t.
35 Time for making appeals
(
1)Aper
sonmayappealagai
nstar
evi
eweddec
isi
ononl
ywi
t
hin—
(a) if a decision notice is given to the per
son—28days 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.
Page 10 of 11
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Attachment D
Permitted Road Access Location Plan
Page 12 of 1
[OCR of page images]
Attachment D
Permitted Road Access Location Plan
SCALE 1:300 @ns Eagle Surveys
. . OSS
sehen
10
RP35080
Po Box 19 Woombye Qld 4559
drersions on thin pln are epprosinate
man Appro od
\ Subdivision Proposal Plan
avobioa? \P]Lot 6 on RP53080
t
SP293277
#4 Hill Street
Pomona
Level Datum: PSM163260
RL110.330m AHD
Contour Interval: 0.5m
Client: Serge Peeters &
Julie Grace
Surveyed By: CGB
Drawn By. CGB
Date: 24—5-2022
LEGEND
14 2 T8M Temporary Bench Mark
RPBOS297 on SS ouy Pie Mo Mater Meter
— “ O tree @ sewer ME
DD Stormwater w/e ©) Power Pole
El Power Bar D Sign Post
Hunt rote
‘Stormwater —*—2—»=—
Water —*—+—
Sewer —s—1—1—
Electricity
1 re
RP 40259 Telstra —>
Our Ref: 3976 ROL-A
Scale 1:300 Original Size: A3
Page 12 of 1