2607-53588 SRA - Response with conditions

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                                                                                                   2607-53588 SRA




                                        Development application for reconfiguring a lot near a state transport
                                        corridor
SARA reference:                         2607-53588 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         220 Black Mountain Range Road, Black Mountain
Real property description:              Lot 3 on SP258991
Applicant name:                         Threedom Nominees Pty Ltd
                                        C/- Brennan Planning
Applicant contact details:              [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 Ruth Creffield, Senior Planning Officer, on 5352 9775 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc      Threedom Nominees Pty Ltd C/- Brennan Planning, [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
 Reconfiguring of a Lot
 10.9.4.2.1.1 – Reconfiguring a lot near a state transport corridor—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:
          Plan of Proposed Reconfiguration of Lot 3 on SP258891,
             prepared by Max Watterson and Associates, dated 20-04-2026,
             reference 25-6775AG, as amended in red by SARA.

 2.      Direct access is not permitted between the Bruce Highway and the               At all times.
         subject site.
 3.      (a) 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:
             (i)   create any new discharge points for stormwater runoff
                   onto the State Controlled Road
             (ii)  concentrate or increase the velocity of flows to State
                   Controlled Road
             (iii) interfere with and/or cause damage to the existing
                   stormwater drainage on the State Controlled Road
             (iv)  surcharge any existing culvert or drain on the State
                   Controlled Road
             (v)   reduce the quality of stormwater discharge onto the State
                   Controlled Road
             (vi)  impede or interfere with any overland flow or hydraulic
                   conveyance from the State Controlled Road
             (vii) reduce the floodplain immunity of the State Controlled
                   Road.
 4.      Provide a solid gap-free fence or other solid gap-free structure,              Prior to submitting the
         constructed of glass, concrete blocks, bricks or fibre cement sheeting         Plan of Survey to the
         and a minimum height of 1.8 metres along the full extent of the site           local government for
         boundary to the state-controlled road for proposed Lots 1 and 2,               approval and to be
         generally in accordance with Plan of Proposed Reconfiguration of Lot           maintained at all times
         3 on SP258891, prepared by Max Watterson and Associates, dated
         20-04-2026, reference 25-6775AG, as amended in red by SARA.




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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 3.6). If a word remains
        undefined it has its ordinary meaning.




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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 proposed development is for a Development Permit for Reconfiguring of a Lot (1 lot into 5 lots).
 The subject site is within 25 metres of a state-controlled road (the Bruce Highway).
 SARA assessed the development against the following code of the State Development Assessment
   Provisions (SDAP), version 3.6:
       o State code 1: Development in a state-controlled road environment.
 The development complies with the assessment benchmarks of State code 1 of the SDAP in that the
   development, with conditions:
       o does not adversely impact the function and efficiency of the state-controlled road
       o minimises noise intrusions on a development from a state-controlled transport corridor
       o ensures that the impacts of stormwater events associated with development are minimised
           and managed to avoid creating any adverse impacts on the state-transport corridor.

Material used in the assessment of the application:
 the development application material and submitted plans
 Planning Act 2016
 Planning Regulation 2017
 the SDAP (version 3.6), as published by SARA
 the Development Assessment Rules
 SARA DA Mapping system
 section 58 of the 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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