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2002-15677 SRA RA6-N Response with conditions

Attached to the e-mail SARA response with conditions - MCU20/0012.

of 6
RA6-N




SARA reference:        2002-15677 SRA
Council reference:     MCU20/0012
Applicant reference:   02615



1 April 2020

Noosa Shire Council
PO Box 141
Tewantin Qld 4565
[email protected]

Attention:       Mr Patrick Murphy


Dear Mr Murphy


SARA response—4-8 and 16 Lower Mill Road, Cooroy
(Referral agency response given under section 56 of the Planning Act 2016)

The development application described below was confirmed as properly referred by the Department of
State Development, Manufacturing, Infrastructure and Planning on 5 March 2020.


Response
Outcome:                            Referral agency response – with conditions.
Date of response:                   1 April 2020
Conditions:                         The conditions in Attachment 1 must be attached to any
                                    development approval.
Advice:                             Advice to the applicant is in Attachment 2.
Reasons:                            The reasons for the referral agency response are in Attachment 3.


Development details

Description:                        Development permit         Material change of use for Transport –
                                                               Type 2 – Car park

SARA role:                         Referral Agency.
SARA trigger:                      Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1
                                   (Planning Regulation 2017)

                                   Development application for a material change of use within 25m of a
                                   railway corridor
SARA reference:                    2002-15677 SRA

                                                                             North and North West regional office
                                                                             Level 4, 445 Flinders Street, Townsville
 Page 1 of 6                                                                 PO Box 5666, Townsville QLD 4810

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                                                                                           2002-15677 SRA




Assessment Manager:                    Noosa Shire Council
Street address:                        4-8 and 16 Lower Mill Road, Cooroy
Real property description:             Lot 5 on SP213104 and Lot 7 on SP173771
Applicant name:                        Noosa Shire Council
Applicant contact details:              C/- Martoo Consulting Pty Ltd
                                        PO Box 1684
                                        Noosa Heads QLD 4567
                                        [email protected]


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 Catherine Hobbs, Principal Planning Officer, on 4758 3412 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Graeme Kenna
Manager (Planning)

cc       Noosa Shire Council, [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




 Department of State Development, Manufacturing, Infrastructure and Planning                  Page 2 of 6

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                                                                                                    2002-15677 SRA




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)


 No.      Conditions                                                                    Condition timing
 Development Permit for Material change of use for Transport – Type 2 Car park
 Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 – Development within 25m of a state
 transport corridor (railway 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 condition:
 1.       (a) Stormwater management of the development must ensure no                   (a) At all times.
              worsening or actionable nuisance to the railway corridor.
                                                                                        (b) At all times
          (b) Any works on the land must not:
                 i.  interfere with or impede overland flow paths and
                     hydraulic conveyance on the site;
                ii.  reduce the floodplain storage capacity of the site;
               iii.  interfere with and/or cause damage to the existing
                     stormwater drainage on the railway corridor.




 Department of State Development, Manufacturing, Infrastructure and Planning                            Page 3 of 6

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                                                                                          2002-15677 SRA




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) v2.6 If a word remains undefined it has
         its ordinary meaning.




Department of State Development, Manufacturing, Infrastructure and Planning                   Page 4 of 6

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                                                                                           2002-15677 SRA




Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for the department’s decision are:

The development complies with State code 2. Specifically, the development:
 does not create a safety hazard for users of a railway
 does not compromise the structural integrity of railways, rail transport infrastructure, other rail
   infrastructure or railway works
 does not result in a worsening of the physical condition or operating performance of railways and the
   rail network
 does not compromise the state’s ability to construct, or significantly increase the cost to construct
   railways and future railways
 does not compromise the state’s ability to maintain and operate, or significantly increase the cost to
   maintain and operate railways

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 2.6, as published by the department
      The Development Assessment Rules
      SARA DA Mapping system




    Department of State Development, Manufacturing, Infrastructure and Planning               Page 5 of 6

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                                                                               2002-15677 SRA




Attachment 4—Change representation provisions
(page left intentionally blank)




 Department of State Development, Manufacturing, Infrastructure and Planning      Page 6 of 6

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