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2307-35559 SRA - Response with conditions

Attached to the e-mail 2307-35559 SARA response - approval with conditions - MCU23/0078.

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RA6-N




SARA reference:        2307-35559 SRA
Council reference:     MCU23/0078
Applicant reference:   21-0694P/04



7 December 2023

Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin QLD 4565
[email protected]

Attention:       Nadine Gorton


Dear Nadine


SARA referral agency response—69 Hofmann Drive, 46
Walter Hay Drive, 28 Eenie Creek Road, Noosaville
(Referral agency response given under section 56 of the Planning Act 2016)

The development application described below was confirmed as properly referred by the State
Assessment and Referral Agency (SARA) on 17 July 2023.


Response
Outcome:                            Referral agency response – with conditions
Date of response:                   7 December 2023
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 Indoor sport and
                                                               recreation, Multiple dwelling, Short-term
                                                               accommodation, Office, Theatre, Shop,
                                                               Food and drink outlet & Shopping centre
                                                               (Extension to existing)

                                                                             South East Queensland (North) regional
                                                                             office
                                                                             Level 4, Foundation Place 3 South Sea
                                                                             Islander Way, Maroochydore
 Page 1 of 7                                                                 PO Box 1129, Maroochydore QLD 4558
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2307-35559 SRA - Response with conditions.pdf · 277 KB (small file)

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Page 2

                                                                                                  2307-35559 SRA




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

                                        Development impacting on State transport networks
SARA reference:                         2307-35559 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         69 Hofmann Drive, 46 Walter Hay Drive, 28 Eenie Creek Road,
                                        Noosaville
Real property description:              Lot 3 on SP322201, Lot 7 on SP322201 and Lot 1 on SP322201
Applicant name:                         Stockwell Development Group Pty Ltd
Applicant contact details:               PO Box 436
                                         New Farm QLD 4005
                                         [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 Danika Cowie, Principal Planning Officer, on (07) 5352 9776 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc      Stockwell Development Group 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 about a referral agency response provisions
        Attachment 5 - Documents referenced in conditions




 State Assessment and Referral Agency                                                                 Page 2 of 7

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                                                                                                    2307-35559 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) (Copies of the documents referenced below are found at Attachment 5)


 No.     Conditions                                                                     Condition timing
 Material change of use for indoor sport and recreation, multiple dwelling, short-term
 accommodation, office, theatre, shop, food and drink outlet & shopping centre (extension to
 existing)
 10.9.4.1.1.1 – Development impacting State transport networks—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) Provide the internal and external pedestrian network, including            Prior to the
             pedestrian crossing and pedestrian bridge connection                       commencement of use,
             arrangements, generally in accordance with the Floor Plan,                 and where on the site
             prepared by Buchan, dated 20/11/2023, drawing number A-DA-
                                                                                        to be maintained at all
             1000 and revision B as amended in red by SARA on 07/12/2023.
                                                                                        times
         (b) The pedestrian network in part (a) of this condition must be in
             accordance with the following:
              Austroads Guide to Road Design Part 6A: Paths for Walking
                and Cycling;
              Australasian Pedestrian Facility Selection Tool [V2.2.2] User
                Guide;
              AS1742.10 of the Manual of Uniform Traffic Control Devices,
                Part 10: Pedestrian Control;
              Disability access standards;
              Noosa Shire Council standards.
 2.      (a) The applicant must provide a dedicated taxi rank parallel to the           (a) & (b)
             kerb at the location shown on the Floor Plan, prepared by                  Prior to the
             Buchan, dated 20/11/2023, drawing number A-DA-1000 and                     commencement of use
             revision B as amended in red by SARA on 07/12/2023.                        and to be maintained at
                                                                                        all times
         (b) The dedicated taxi rank must be designed and constructed in
             accordance with the following:                                             (c)
             (i) a minimum zone capacity for the parking of three (3) taxis (2          Prior to the
                   x standard taxis and 1 x wheelchair accessible taxi) in total,       commencement of use
                   parallel to kerb with entry and exit tapers;
             (ii) standard taxi parking in accordance with AS2890.5 - Parking
                   facilities, Part 5: On-street parking;
             (iii) at least one wheelchair accessible taxi parking bay
                   designated by signage and pavement marking at the front of
                   the queue in accordance with:
                    AS1428.1 - Design for access and mobility;
                    AS2890.6 – Parking Facilities, Part 6: Off-street parking
                        for people with disabilities;
                    Chapter 7 – Taxi Facilities of the Public Transport
                        Infrastructure Manual 2015; and
                    the Disability Standards for Accessible Public Transport
                        2002 - subsection 31(1) of the Disability Discrimination
                        Act 1992;
             (iv) two taxi zone signs R5-21, placed at either end of the rank,
                   and taxi zone line marking in accordance with AS1742.11 –
                   Manual of uniform traffic control devices, Part 11: Parking
                   controls;


 State Assessment and Referral Agency                                                                   Page 3 of 7

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                                                                                            2307-35559 SRA




             (v) lighting in accordance with AS/NZS 1158.3.1 – Lighting for
                  Roads and Public Spaces, Part 3.1: Pedestrian Area
                  (Category P) Lighting – Performance and Design
                  Requirements;
             (vi) access and hardstand, and shelter with seats, for waiting
                  and boarding/alighting passengers.

        (c) RPEQ certification, with supporting documentation, must be
            provided to the North Coast Region Development Assessment
            Team ([email protected]) within the Department
            of Transport and Main Roads confirming that the development
            has been designed and constructed in accordance with parts (a)
            and (b) of this condition.
3.      (a) Signage indicating the location, distance, and direction to public   (a) - (c)
            passenger transport facilities (bus stops and taxi zones) and        Prior to the
            active transport facilities (pedestrian paths, bicycle paths and     commencement of use
            bicycle parking) is to be installed at key locations and decision    and, where on the site,
            points within and external to the development to direct drivers,     to be maintained at all
            pedestrians and cyclists.                                            times
        (b) The location and type of signage for Translink infrastructure must
            be in accordance with the Department of Transport and Main
            Roads Signage Manual – Bus Network Infrastructure, TransLink
            Division, Department of Transport and Main Roads, June 2021
            and the Department of Transport and Main Roads Signage
            Manual – Rail Stations, June 2021.

        (c) Certification by an appropriately qualified and experienced
            professional, with supporting documentation, including a
            wayfinding and directional signage plan, must be provided to the
            North Coast Region Development Assessment Team
            ([email protected]) within the Department of
            Transport and Main Roads confirming that the development has
            been constructed in accordance with parts (a) and (b) of this
            condition.




State Assessment and Referral Agency                                                           Page 4 of 7

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                                                                                         2307-35559 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) (version 3.0). If a word remains
        undefined it has its ordinary meaning.
2.      Construction Management
        The existing bus stop, ‘Noosa Civic Shopping Centre, Noosaville' (ID: 301499) may be
        impacted on by the development and any works within Lot 1 on SP322201 are detailed on the
        plan entitled 'Rejuvenation of Existing Centre Scope', prepared by Buchan, dated 23/05/2023,
        drawing number A-DA-6000 and revision A. This bus stop must be able to function and
        pedestrian access to this facility must be maintained during the construction of the
        development. Accordingly, if any temporary bus stop and pedestrian access arrangements are
        required, the applicant must reach agreement on suitable arrangements with the Department of
        Transport and Main Roads’ TransLink Division ([email protected] or on 3851 8700)
        and the relevant school bus operators prior to any construction or works commencing.




State Assessment and Referral Agency                                                         Page 5 of 7

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                                                                                            2307-35559 SRA




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 application is for a development permit for a material change of use for indoor sport and
   recreation, multiple dwelling, short-term accommodation, office, theatre, shop, food and drink outlet &
   shopping centre (extension to existing).
 The development is located at 28 Eenie Creek Road, 69 Hofmann Drive, 46 Walter Hay Drive,
   Noosavile, also known as Lot 1 on SP322201, Lot 3 on SP322201 and Lot 7 on SP322201, and has
   frontage to Eenie Creek Road, Hofmann Drive, Walter Hay Drive.
 The proposed development seeks to establish the village mixed use precinct of the Noosa Business
   Centre and extend part of the existing shopping centre in the Retail precinct (Noosa Civic) by
   providing a range of accommodation and commercial uses. The proposed development exceeds the
   thresholds outlined in Schedule 20 (Item 9, Column 3) of the Planning Regulation 2017, therefore
   requiring referral to SARA.
 SARA has assessed the development application against the State Development Assessment
   Provisions (SDAP), version 3.0, specifically, State code 6: Protection of State transport networks.
 SARA finds that the development can comply with State code 6, subject to conditions to:
       o ensure pedestrian access is adequately provided within the development and meets the
           applicable standards.
       o ensure wayfinding signage is provided for public passenger transport and meets current
           standards.
       o ensure that suitable taxi rank services are provided within the development and meets
           current standards.

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
 section 58 of the Human Rights Act 2019



Attachment 4—Representations about a referral agency response
provisions
(page left intentionally blank)




 State Assessment and Referral Agency                                                          Page 6 of 7

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                                                  2307-35559 SRA




Attachment 5—Documents referenced in conditions
(page left intentionally blank)




 State Assessment and Referral Agency                Page 7 of 7

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