2211-32243 SRA - Response with conditions (MCU22_0194)

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                                        state-controlled road
SARA reference:                         2211-32243 SRA
Assessment Manager:                     Noosa Shire Council
Street address:                         31 Tewantin Road, Cooroy
Real property description:              Lot 106 on C5604
Applicant name:                         Fastwin Investments Pty Ltd
                                        c/- Adams and Sparkes Town Planning
Applicant contact details:              PO Box 1000
                                        Buddina QLD 4575
                                        [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: TMR22-038106
                                         Date: 5 January 2022

                                        If you are seeking further information on the road access permit,
                                        please contact the Department of Transport and Main Roads at
                                        [email protected]
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 Richard Wilson, Planning Officer, on 5352 9774 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Jamaica Hewston
Manager

cc      Fastwin Investments 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
        Attachment 5 - Approved plans and specifications




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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 plans and specifications referenced below are found at
Attachment 5)


 No.     Conditions                                                                     Condition timing
 Material change of use
 10.9.4.2.4.1—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 location is to be located generally in                      a) At all times.
            accordance with Site Plan, prepared by AUSMAR Homes, dated
            26 October 2022, sheet 0.001, revision C as amended in red by               b) and c)
            SARA on 11 January 2023.                                                    Prior to the
                                                                                        commencement of use
         b) Road access works comprising a vehicle crossing - residential               and to be maintained at
            driveway must be provided at the road access location.                      all times.

         c) The road access works must be designed and constructed in
            accordance with:
                i. Institute of Public Works Engineering Australasia
                   (IPWEA), Standard Drawings RS-049 & RS-050 -
                   Vehicle Crossing Residential Driveway.
               ii. Department of Transport and Main Roads' Road
                   Planning and Design Manual, 2nd Edition; and
              iii. Department of Transport and Main Roads' Guideline:
                   Treatment options to improve safety of pedestrians,
                   bicycle riders and other path users at driveway.
 2.      A path user sight triangle area must be provided clear of walls,               Prior to the
         fences, structures (including advertising devices) and any vegetation          commencement of the
         and landscaping must remain below 0.5m in height to ensure driver              use and to be
         visibility is unobstructed as shown on the Site Plan, prepared by
                                                                                        maintained at all times.
         AUSMAR Homes, dated 26 October 2022, sheet 0.001, revision C.,
         as amended in red by SARA on 11 January 2023.
 3.      a) Stormwater management of the development must ensure no                     a) and b)
            worsening or actionable nuisance to the state-controlled road.              At all times.

         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.




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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) v3.0. If a word remains undefined it has
        its ordinary meaning.
2.      Transport noise corridor
        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.
3.      Road access 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] 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 SARA’s decision
 The development application is for a development permit for material change of use for multiple
   dwelling (three units).
 The development site is located at 31 Tewantin Road, Cooroy, which is formally described as Lot 106
   on C5604.
 Cooroy-Noosa Road, locally known as Tewantin Road is a state-controlled road.
 The proposed development maintains access from the state-controlled road via a new driveway and
   crossover.
 The development therefore required referral to SARA for assessment against the State Development
   Assessment Provisions (SDAP) version 3.0, State code 1: Development in a state-controlled road
   environment (State code 1).
 SARA has assessed the development and found the development complies with State code 1,
   subject to conditions to:
       o ensure the road access location to the state-controlled road from the site does not
            compromise the safety and efficiency of the state-controlled road
       o ensure the design of any road access maintains the safety and efficiency of the state-
            controlled road environment
       o ensure 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
 SDAP (version 3.0), as published by SARA
 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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Attachment 5—Approved plans and specifications
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