2309-36932 SRA Response with conditions

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                                                                                                    2309-36932 SRA




                                        Regulation 2017)

                                        State transport corridors and future state transport corridors
SARA reference:                         2309-36932 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         561 Gympie Kin Kin Road, Kin Kin
Real property description:              Lot 11 on SP139153
Applicant name:                         Bruce Elliot C/- Kevin Holt Consulting
Applicant contact details:               PO Box 4802
                                         Eight Mile Plains QLD 4113
                                         [email protected]
Human Rights Act 2019                   A consideration of the 23 fundamental human rights protected under
considerations:                         the Human Rights 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 4.

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

For further information please contact Celeste Bownds, Senior Planning Officer, on 07 5352 9708 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc      Bruce Elliott C/- Kevin Holt Consulting, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations about a referral agency response provisions
        Attachment 5 - Documents referenced in conditions




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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) (Copies of the documents referenced below are found at Attachment 5)


 No.     Conditions                                                                     Condition timing
 Material change of use
 10.9.4.2.4.1 – State transport corridors and future state transport corridors—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:
 1.      The development must be carried out generally in accordance with               At all times
         the following plan:
              Location Plan, prepared by Kevin Holt Consulting, dated
                  03/08/2023, drawing number 01 and revision A, as amended
                  in red by SARA.
 2.      Stormwater management of the development must not cause                        At all times
         worsening to the operating performance of the state-controlled road,
         such that any works on the land must not:
           (a) create any new discharge points for stormwater runoff onto
                the state-controlled road
           (b) interfere with and/or cause damage to the existing stormwater
                drainage on the state-controlled road
           (c) surcharge any existing culvert or drain on the state-controlled
                road
           (d) reduce the quality of stormwater discharge onto the state-
                controlled road.




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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) version 3.0. If a word remains
        undefined it has its ordinary meaning.
2.      Advertising devices
        Advertising devices have the potential to cause unsafe distraction, glare or other nuisance to
        drivers, which affects safety on the state-controlled road. Any proposed advertising devices are
        to be in accordance with the Department of Transport and Main Roads Roadside Advertising
        Manual 2022, Edition 4. Any advertising device at this location:
             must not exceed a maximum luminance of 300cd/m2
             must be placed within the subject site, clear of the state-controlled road reserve
                 (without overhang)
             must not contain a variable message component.

        Further information on the Department of Transport and Main Roads Roadside Advertising
        Manual 2022 can be found at www.tmr.qld.gov.au/business-industry/technical-standards-
        publications/roadside-advertising-manual.




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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 SARA’s decision are:
 The application is for a material change of use for a short term accommodation.
 The development site is located within 25m of a state-controlled road corridor (Gympie Kin Kin
   Road).
 The existing access location is the most suitable and safest location on site.
 The proposed development complies with State code 1: Development in a state-controlled road
   environment of the State Development Assessment Provisions (SDAP), version 3.0 subject to
   conditions that:
       o require the development to be undertaken generally in accordance with the existing site
           layout, and in particular the use of the existing access location
       o ensure no worsening or stormwater impacts to the state-controlled road as a result of the
           development.

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 SARA
 The Development Assessment Rules
 SARA DA Mapping system
 Human Rights Act 2019



Attachment 4—Representations about a referral agency response
provisions
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Attachment 5—Documents referenced in conditions
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