2212-32366 SRA_Response with conditions_MCU22-0201

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Development details

Description:                             Development permit       Material change of use for a car wash and
                                                                  food and drink outlet

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

                                        Development application for a material change of use within 25m of
                                        state-transport corridor
SARA reference:                         2212-32366 SRA
Assessment Manager:                     Noosa Shire Council
Street address:                         34 Elm Street, Cooroy
Real property description:              Lot 4 on RP72698; Lot 5 on RP72698; Lot 6 on RP72698
Applicant name:                         Kings Group (QLD) Pty Ltd
Applicant contact details:               PO Box 894
                                         Cooroy QLD 4563
                                         [email protected]




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 Rosanna Nobile, Graduate Planner, on 07 5352 9777 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc      Kings Group (QLD) 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 provisions




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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)


 No.     Conditions                                                                     Condition timing
 Development Permit - Material Change of Use to Establish a Car Wash and Food and Drink
 Outlet
 Schedule 10, part 9, division 4, subdivision 2, table 1, item 1 – State-Controlled Roads & Schedule 10,
 part 9, division 4, subdivision 1 table 1, item 1- State transport infrastructure—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
 conditions:
 Stormwater management
 1.           (a) Stormwater management of the development must ensure                  At all times.
                  no worsening or actionable nuisance to the state-controlled
                  road.
              (b) Any works on the land must not:
                  (i)    create any new discharge points for stormwater
                         runoff onto the state-controlled road;
                  (ii)   interfere with and/or cause damage to the existing
                         stormwater drainage on the state-controlled road;
                  (iii)  surcharge any existing culvert or drain on the state-
                         controlled road;
                  (iv)   reduce the quality of stormwater discharge onto the
                         state-controlled road.
 Vehicular access to state-controlled road
 2.           (a) The existing vehicular property access located between Lot            Prior to the
                  4 RP72698 and Lot 5 RP72698 and Elm Street must be                    commencement of use.
                  permanently closed and removed.
              (b) The kerb, channel and footpath between the pavement edge
                  and the property boundary must be reinstated in accordance
                  with the Department of Transport and Main Roads' Road
                  Planning and Design Manual, 2nd Edition and local
                  government standards and specifications at no cost to the
                  Department of Transport and Main Roads'.




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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) 3.0. If a word remains undefined it has
        its ordinary meaning.
Ref.    State-controlled roads
2.      Bus route interference
        The existing urban bus route 632-2893 extending along Elm Street must be able to function
        during the construction of the development and any associated roadworks. Accordingly, if any
        temporary arrangements are required, the applicant must reach agreement on suitable
        arrangements with the Department of Transport and Mains’ TransLink Division
        ([email protected]) prior to any construction or works commencing.
Further development permits required
Ref.    State-controlled roads
3.      Road works approval:
        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 on a state-controlled road.
        Please     contact    the    Department      of    Transport     and     Main     Roads’      on
        [email protected] with the completed application form and supporting
        information 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 the Department of Transport and Main Roads’ as soon as possible to ensure
        that gaining approval does not delay construction. Further information on applying for road
        works     approval    is   available   here:     https://www.tmr.qld.gov.au/Community-and-
        environment/Planning-and-development/Othermatters-requiring-approval#roadworks
4.      Road Corridor Permit:
        An application for a Road Corridor Permit is required for any ancillary works and
        encroachments on the state-controlled road under section 50(2) and Schedule 6 of the
        Transport Infrastructure Act 1994 and Part 5 and Schedule 1 of the Transport Infrastructure
        (State-Controlled Roads) Regulation 2006.

        Please     contact     the    Department      of    Transport     and     Main      Roads     on
        [email protected] to make an application for a Road Corridor Permit.
        Ancillary works and encroachments include but are not limited to advertising signs or other
        advertising devices, paths or bikeways, buildings/shelters, vegetation clearing, landscaping and
        planting.
5.      Public utility works and connection approval:
        The applicant is advised that if any works and/or connections are required to public utility
        services within a State-controlled road corridor, approval must be given by the Department of
        Transport and Main Roads under the relevant public utility legislation (electricity, water/sewer,
        telecommunication), and in accordance with the Department of Transport and Main Roads
        technical standards (TN163). Approvals must be obtained prior to commencing any utility works
        within the state-controlled road corridor. Please contact the public utility team via
        [email protected] for further information on the application and approval process.




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

The reasons for the department’s decision are:
 The proposal is for a development permit for material change of use for a car wash and food and
   drink outlet.
 The subject site is located in an area within 25m of a state-controlled road.
 SARA assessed the development application against State code 1: Development in a state-controlled
   road environment of the SDAP, version 3.0 and determined that with conditions, the development
   achieves compliance with the performance outcomes of the State code.

Material used in the assessment of the application:

      The development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      The State Development Assessment Provisions (version 3.0), as published by the department
      The Development Assessment Rules
      SARA DA Mapping system
      Human Rights Act 2019.




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Attachment 4—Change representation provisions
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