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Decision Notice – Permitted Road Access Location - reference TMR20-030840 · MCU20/0074

Attached to the e-mail MCU20/0074 - SARA response with conditions.

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    Our ref         TMR20-030840
    Your ref        0136
    Enquiries       Kristy Lamb



                                                                                                        Department of
                                                                                                        Transport and Main Roads
    19 October 2020



                        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 MCU20/0074, lodged with Noosa Shire Council involves
    constructing or changing a vehicular access between Lot 107C5604, the land the subject of the
    application, and Cooroy-Noosa Road (a state-controlled road) (locally known as Tewantin 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                           Michael Tarrant C/- Pivotal Perspective Pty Ltd
                                               4/59 Mary Street
                                               Noosaville QLD 4566
    Application Details
    Address of Property                        33 Tewantin Road, Cooroy QLD 4563
    Real Property Description                  107C5604
    Aspect/s of Development                    Development Permit for Material Change of Use - Multiple
                                               dwelling (3 dwellings).

    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 for the existing dwelling only is At all times.
    shown on the Site Layout Plan prepared by Abode Solutions dated
    05.10.2020 reference Project No: CDP107; Drawing No: SD03,
    Revision A. All other proposed new dwelling must gain access
    from local street (Olivine Lane).
2   Direct access is prohibited between Cooroy-Noosa Road and Lot                        At all times.
    107 C5604 at any other location other than the permitted road
    access location described in Condition1.
3   Road Access Works must be provided at the permitted access Prior to commencement of

    1   Please refer to the further approvals required under the heading ‘
                                                                         Further approvals’

    Program Delivery and Operations                                         Telephone +61 7 (07) 5451 7005
    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
Full text of the other 10 pages

Page 2

No. Conditions of Approval                                               Condition Timing
    location generally in accordance with Institute of Public Works Use
    Engineering Australasia (IPWEA) Standard Drawing RS-49 and
    RS-50 Driveways Residential Driveway Plan 1 of 2 and 2 of 2 rev
    B.


    Reasons for the decision
    The reasons for this decision are as follows:
           a) Vehicular access must not compromise the safety of the users of the state-controlled
              road network.
           b) The safety of users of the state-controlled network is the primary consideration for all
              works in a state-controlled road corridor.
           c) The number of access points to a state-controlled road will be minimised to ensure the
              through traffic carrying function of the road is maintained.

    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
    The Department of Transport and Main Roads also provides the following information in relation to
    this approval:




                                                                                                Page 2 of 10

Page 3

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 10

Page 4

                                          Attachment A

                              Decision Evidence and Findings



Findings on material questions of fact:

a. The objective of the Transport Infrastructure Act 1994 (TIA) requires a. the establishment of
   a road regime that is safe and efficient.
b. Section 62 of the TIA provides for the Chief Executive of the Department of Transport and
   Main Roads to make decisions about permitted road access locations between particular
   land and a state-controlled road.
c. The development application (Council reference: MCU20/0074) seeks a development permit
   for a Material Change of Use of premises to establish a Multiple Dwelling (3 Dwelling Units).
d. The subject site has road frontage to Cooroy-Noosa Road, a state-controlled road under
   jurisdiction of the Department of Transport and Main Roads (TMR).
e. The access location proposed in the development application is shown on Site Layout Plan
   prepared by Abode Solutions dated 05.10.2020 reference Project No: CDP107; Drawing No:
   SD03, Revision A.
f. The existing dwelling will retain the existing access to the state-controlled road, while the two
   new dwelling units will obtain vehicle access from the rear Olivine Lane.
g. Conditioning the location and standard of access will ensure the safety of road users and
   maintain the operational efficiency of the state-controlled road.



Evidence or other material on which findings were based:

Title of Evidence /     Prepared by             Date              Reference no.     Version/Issue
Material
Transport               Queensland              Current at 13 N/A                   N/A
Infrastructure Act      Government              December 2019
1994
Road Planning and       Department of           August 2014       N/A               2nd Edition
Design Manual           Transport and Main
                        Roads
Site Layout Plan        Abode Solutions         05.10.2020        Project No:       A
                                                                  CDP107;
                                                                  Drawing No:
                                                                  SD03




                                                                                          Page 4 of 10

Page 5

                                          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 5 of 10

Page 6

                                           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 6 of 10

Page 7

           (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 7 of 10

Page 8

                                                          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 8 of 10

Page 9

     (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 9 of 10

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[OCR of page images]
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Page 11

           Attachment D

Permitted Road Access Location Plan




                                      Page 11 of 1


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Page 11 of 1

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