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Request For Delegation Under Section 42 Of The Transport Infrastructure Act 1994 Associated With OPW25/0072 Development Application For Operational Works (Vehicle Crossover, Roadworks, Drainage Works, Earthworks, Vegetation Clearing And Waterway Barrier Works) - 36 Roses Road Federal · Attachment 1 - (OPW25 0072) - Engineers Report
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 MARCH 2026
ATTACHMENT 1 – ENGINEERS REPORT
1. Background
Operational Works application OPW25/0072 seeking approval for – Vehicle Crossover,
Roadworks, Drainage Works, Earthworks, Vegetation Clearing and Waterway Barrier Works was
submitted to Council on 6 May 2025.
The purpose of the application is to facilitate access to a rural property fronting Roses Road. The
property does not currently have its own access and the existing access arrangement is through
the adjoining lot at 14 Sankeys Road which is in the same ownership.
The subject site is detailed in the following image:
Figure 1: Subject site
The application was referred to the State Assessment and Referral Agency (“SARA”) for Waterway
Barrier Works.
The application has been assessed against the relevant overlay and works codes and has been
determined to be generally compliant.
The proposal was referred to the Infrastructure Services Department who are supportive of the
proposal, maintenance arrangements and the proposed application under section 42 of the Act.
2. Ownership and Maintenance Obligations of Roses Road and Future Intersection
The future ownership and maintenance obligations of all private infrastructure servicing the
subject site located within Roses Road (i.e., driveways, drainage infrastructure, batters, etc) will
be the responsibility of the landowner of the subject site in accordance with Council’s current
operating practice. Council’s current operating practice requires that maintenance of privately
owned access infrastructure in a Council road corridor be the responsibility of the benefitting
landowner where the access infrastructure services a single lot.
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 MARCH 2026
The ownership and maintenance obligations of the new intersection between Roses Road and
Cooroy-Gympie Road will be shared between Council and the Department of Transport and Main
Roads in accordance with section 10.3 of “TMR/Local Government Cost Sharing Arrangement”
Memorandum of Understanding 2022-2027. The obligations of each party are detailed in
Attachment 2 and summarised as follows:
• the landowner of the subject site will be responsible to maintain the driveway and between
the subject site and the demarcation between the Council and State land.
• Council will be responsible to maintain Roses Road’s pavement between the line of
demarcation to the tangent point of the intersection.
• the Department of Transport and Main Roads will be responsible to maintain the remaining
areas of the intersection in the State-controlled road corridor.
All works proposed will be undertaken at the cost of the landowner and have been designed in
accordance with the minimum requirements for an Urban Road as specified in Councils Planning
Scheme Policy - Engineering Design Standards SC6.7.5 (k & l). As the driveway is intended for
residential use with low traffic volumes, the pavement design is considered appropriate and will
not result in any unreasonable maintenance or financial burden on Council.
3. Conclusion
This report identifies the need for delegation to the CEO, including the power to sub-delegate to
the relevant council officer (Position 10223 - Senior Development Engineer) to enable the
assessment of a current Operational Works application to proceed. The delegation will allow for
the relevant officer to apply to the chief executive to obtain written approval for the undertaking
works on a local government road that also includes works on a state-controlled road.
Discussions with Council’s Governance Branch have recognised the need for this delegation to be
permanent considered in the upcoming delegation’s review.
4. Consultation
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Sustainable Development
Director X Director X Director
Strategic Land Use Planning X Development Assessment X Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws X Civil and Asset operations
Destination Management
Environmental Services Environmental Health X Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 10 MARCH 2026
Property / Permits Disaster Management
Waste