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2107-23919 SRA - Response with conditions

Attached to the e-mail 2107-23919 SRA application correspondence - MCU21/0117 Environmental Traffic and Rail Noise Level Impact Assessment for Proposed Residential Unit Development, 54 Elm Street and 5 Pearl Street, Cooroy.

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RA6-N




SARA reference:      2107-23919 SRA
Council reference:   MCU21/0117 OPW21/0199



25 August 2021

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

Attention:       Wilhelm Koschade

Dear Mr Koschade


SARA response—5 Pearl Street, Cooroy; 54 Elm Street,
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 State
Assessment and Referral Agency (SARA) on 9 August 2021.


Response
Outcome:                            Referral agency response – with conditions.
Date of response:                   25 August 2021
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 a multiple
                                                               dwelling (11 x units)
                                                               Operational work for associated
                                                               operational works including landscaping,
                                                               driveways, drainage, and fencing.

SARA role:                         Referral agency


                                                                             South East Queensland (North) regional
                                                                             office
                                                                             Mike Ahern Building, Level 3, 12 First
                                                                             Avenue, Maroochydore
 Page 1 of 8                                                                 PO Box 1129, Maroochydore QLD 4558
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                                                                                                  2107-23919 SRA




SARA trigger:                           Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 (Planning
                                        Regulation 2017)

                                        Development application for a material change of use within 25m of a
                                        state-controlled road corridor
SARA reference:                         2107-23919 SRA
Assessment Manager:                     Noosa Shire Council
Street address:                         5 Pearl Street and 54 Elm Street, Cooroy
Real property description:              Lot 2 on RP153798, Lot 2 on RP64750
Applicant name:                         4CD DEVELOPMENTS PTY LTD
Applicant contact details:               C/- RC Strategic
                                         PO Box 181
                                         Noosa Heads QLD 4566
                                         [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 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      4CD DEVELOPMENTS 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




 State Assessment and Referral Agency                                                                 Page 2 of 8

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                                                                                                    2107-23919 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 plans and specifications referenced below are found at
Attachment 5)


 No.     Conditions                                                                     Condition timing
 Material change of use for a multiple dwelling
 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) Carry out the development generally in accordance with the                 Prior to the
             Environmental Traffic and Rail Noise Level Impact Assessment,              commencement of use
             prepared by David Moore dated 2.7.2021, report number                      and to be maintained at
             R21046/D3569/ Rev.0/2.07.2. In particular –                                all times.
             (i)     construct a 2 metre noise barrier in the location shown
                     on Figure 7 Location and Heights of Acoustic Barriers.

         (b) The noise barrier must be designed in accordance with:
             (i)     the Department of Transport and Main Roads' Road
                     Traffic Noise Management Code of Practice, Chapter 5’
                     Specifications MRS15 and MRTS15; and
             (ii)    Standard Drawings Road Manual, Part 13.

         (c) RPEQ certification must be provided to North Coast Region via
             [email protected] or 5451 7055 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.
 2.      (a) Stormwater management of the development must ensure no                    (a)
             worsening or actionable nuisance to the state-controlled road.              At all times.

         (b) Any works on the land must not:                                            (b)
             (i)    create any new discharge points for stormwater runoff               At all times.
                    onto the state-controlled road;
             (ii)   interfere with and/or cause damage to the existing                  (c)
                    stormwater drainage on the state-controlled road;                   Prior to the
             (iii)  surcharge any existing culvert or drain on the state-               commencement of use.
                    controlled road;
             (iv)   reduce the quality of stormwater discharge onto the
                    state-controlled road .

         (c) RPEQ certification with supporting documentation must be
             provided to North Coast Region via
             [email protected] or 5451 7055 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) The existing vehicular property access located between Lot 2 on            Prior to the
             RP64750 and Elm Street must be permanently closed and                      commencement of use.
             removed.


 State Assessment and Referral Agency                                                                    Page 3 of 8

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                                                                              2107-23919 SRA




        (b) The pavement edge and footpath between the pavement edge
            and the property boundary must be reinstated in accordance with
            the Department of Transport and Main Roads' Road Planning
            and Design Manual 2nd edition at no cost to the Department of
            Transport and Main Roads'.




State Assessment and Referral Agency                                             Page 4 of 8

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                                                                                            2107-23919 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.
2.      Road 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.




State Assessment and Referral Agency                                                           Page 5 of 8

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                                                                                         2107-23919 SRA




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

The reasons for SARA’s decision are:
 The application is for a material change of use for a multiple dwelling (11x units).
 The development site is located within 25m of a state-controlled road (Elm Street) and within 100m of
   a state-controlled road intersection (Elm Street / Pearl Street intersection).
 The proposed access for the development will be via Pearl Street which is a local road.
 The proposed development complies with State code 1: Development in a state-controlled road
   environment, of the State Development Assessment Provisions, version 2.6, subject to conditions:
       o to minimise noise intrusions on a development from a state-controlled transport corridor.
       o to 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.
       o to maintain the safety and efficiency of the state-controlled road by reducing the number of
            road access.

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
 Human Rights Act 2019




 State Assessment and Referral Agency                                                        Page 6 of 8

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                                                2107-23919 SRA




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




 State Assessment and Referral Agency              Page 7 of 8

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                                                 2107-23919 SRA




Attachment 5—Approved plans and specifications
(page left intentionally blank)




 State Assessment and Referral Agency               Page 8 of 8

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