2306-35303 SRA - Response with conditions

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                                                                                               2306-35303 SRA




Assessment manager:                 Noosa Shire Council
Street address:                     17 Myall Street, Cooroy
Real property description:          Lot 22 on C5605
Applicant name:                     Claire Shellard P/L TTE
                                    C/- URBN Town Planning Pty Ltd
Applicant contact details:          PO Box 81
                                    Buderim QLD 4556
                                    [email protected]
State-controlled road access        This referral included an application for a road access location, under
permit:                             section 62A(2) of Transport Infrastructure Act 1994. Below are the
                                    details of the decision:
                                     Approved
                                     Reference: TMR23-039593
                                     Date: 18 October 2023

                                    If you are seeking further information on the road access permit,
                                    please contact the Department of Transport and Main Roads at
                                    [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 Amber Can, Senior Planner, on (07) 5644 3227 or via email
[email protected] who will be pleased to assist.

Yours sincerely,




Javier Samanes
A/Manager (Planning)

cc      Claire Shellard P/L TTE, C/- URBN Town Planning Pty Ltd, [email protected]

enc     Attachment 1 - Referral agency conditions.
        Attachment 2 - Advice to the applicant.



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       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
 Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 —Material Change of Use of premises near a
 state transport corridor (Planning Regulation 2017) — 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.      (a) The road access to Myall Street is to be located generally in           (a)    Prior    to     the
             accordance with Proposed Layout, prepared by DME Projects,
                                                                                     commencement of use.
             Date 27/9/23, drawing number 03, Issue B, as amended in red
             by SARA.
                                                                                     (a) & (c)
         (b) Road access works must be provided at the road access                   Prior     to     the
             location specified in part (a) of this condition, comprising a 5.5m     commencement of use
             wide vehicle crossing – residential driveway extending from the         and maintained at all
             pavement edge of Cooroy Connection Road to a minimum of 6m              times.
             within the property boundary.

         (c) The road access works must be designed and constructed
             generally in accordance with:
                i.    Institute of Public Works Engineering Australasia (IPWEA),
                      Standard Drawing RS-049 & RS-050.
               ii.    Department of Transport and Main Roads’ Road Planning
                      and Design Manual (2nd edition) and
               iii.   Department of Transport and Main Roads’ standard
                      drawings and specifications.
 2.      Stormwater management of the development must not cause                     At all times.
         worsening to the operating performance of 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) concentrate or increase the velocity of flows to state-controlled
             road;
         (c) interfere with and/or cause damage to the existing stormwater
             drainage on the state-controlled road;
         (d) surcharge any existing culvert or drain on the state-controlled
             road;
         (e) reduce the quality of stormwater discharge onto the state-
             controlled road;
         (f) impede or interfere with any overland flow or hydraulic
             conveyance from the state-controlled road; and
         (g) reduce the floodplain immunity of the state-controlled road.




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Attachment 2—Advice to the applicant

General advice
1.      Mandatory Part (MP) 4.4 of the Queensland Development Code (QDC) commenced on 1
        September 2010 and applies to building work for the construction or renovation of a residential
        building in a designated transport noise corridor. MP4.4 seeks to ensure that the habitable
        rooms of Class 1, 2, 3 and 4 buildings located in a transport noise corridor are designed and
        constructed to reduce transport noise. Transport noise corridor means land designated under
        Chapter 8B of the Building Act 1975 as a transport noise corridor. A free online search tool can
        be used to find out whether a property is located in a designated transport noise corridor. This
        tool is available online at: https://www.business.qld.gov.au/industries/building-property-
        development/building-construction/laws-codes-standards/queensland-development-
        code/transport-noise-corridor-search

        This tool allows searches on a registered lot number and/or property address to determine
        whether and how the QDC applies to the land.
2.      The applicant is advised that if any works and/or connections are required to public utility
        services within a State-controlled road reserve, 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 TMR technical standards (TN163). Approvals must
        be obtained prior to commencing any utility works within the state-controlled road reserve.
        Please contact the public utility team via [email protected] for further information on
        the application and approval process.
3.      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] 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.




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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:
      does not create a safety hazard for users of the Myall Road (the relevant state-controlled road).
      does not compromise the structural integrity of state-controlled roads, road transport infrastructure or
       road works.
      does not result in a worsening of the physical condition or operating performance of state-controlled
       roads and the surrounding road network.
      does not compromise the state’s ability to construct, or significantly increase the cost to construct
       state-controlled roads and future state-controlled roads.
      does not compromise the state’s ability to maintain and operate state-controlled roads, or significantly
       increase the cost to maintain and operate state-controlled roads.
      does not compromise the structural integrity of public passenger transport infrastructure or
       compromise the operating performance of public passenger transport services, and
      avoids or mitigates significant adverse impacts resulting from environmental emissions generated by
       vehicles on the state-controlled road.

Material used in the assessment of the application:

      the development application material and submitted plans
      Planning Act 2016
      Planning Regulation 2017
      the SDAP (version 3.0), as published by SARA
      the Development Assessment Rules
      SARA DA Mapping system
      State Planning Policy 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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