Response with Conditions - 2301-32990 SRA

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                                                                                                  2301-32990 SRA




Street Address:                        38 Barina Court, Pomona
Real Property Description:             Lot 3 on RP226620
Applicant Name:                        Mark Kussrow
Applicant Contact Details:             C/- CadCon Surveying & Town Planning
                                       PO Box 5774
                                       MAROOCHYDORE BC QLD 4558
                                       [email protected]
State-Controlled Road                  This referral included an application for a road access location, under
Access Permit:                         section 62A(2) of Transport Infrastructure Act 1994. Below are the
                                       details of the decision:
                                        Approved
                                        Reference: TMR23-038798
                                        Date: 13 July 2023.
                                       If you are seeking further information on the road access permit, please
                                       contact the Department of Transport and Main Roads at
                                       [email protected] Rights Act 2019                  A consideration of the 23 fundamental human rights protected under the
Considerations:                        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 Cavannah Deller, A/ Senior Planning Officer, on 07 3244 9343 or
via email [email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc       Mark Kussrow C/- CadCon Surveying & Town Planning, [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




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                                                                                                 2301-32990 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

 10.9.4.2.1.1—Reconfiguring a lot within 25 metres of a state-controlled road—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(s):
 1.       (a) The road access location for Lot 2 is to be located generally in      (a) At all times
              accordance with Roadworks Layout Plan prepared by ALTA
              Projects, dated 05/12/2022, drawing no. A6727/22/R01 and
              revision 1 (as amended in red by SARA on 14 July 2023).
                                                                                    (b) and (c) Prior to
          (b) Road access works comprising a rural residential driveway with        submitting the Plan of
              a minimum throat width of 4 metres, sealed from the pavement          Survey to the local
              edge to the property boundary must be provided at the road            government for approval
                                                                                    and to be maintained at
              access location.                                                      all times
          (c) The road access works must be designed and constructed in
              accordance with Department of Transport and Main Roads’
              Standard Drawing SD1807, Type A, Issue B and Road Planning
              and Design Manual 2nd Edition.




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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) (version 3.0). If a word remains
          undefined it has its ordinary meaning.

 Further Permits Required
 2.       Public Utility Works and Connection Approval
          If any works and/or connections are required to public utility services within a state-controlled
          road reserve, approval must be given by the Department of Transport and Main Roads under
          the relevant public utility legislation (electricity, water/sewer, telecommunication) and in
          accordance with the technical standards (TN163). Approvals must be obtained prior to
          commencing any utility works within the state-controlled road reserve.
          Please contact the Department of Transport and Main Roads Public Utility Team via
          [email protected] for further information on the application and approval process.
 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’ via
          [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 the SARA’s decision are:
The development complies with State code 1: Development in a state-controlled road environment of
SDAP. Specifically, the development:
     does not increase the likelihood or frequency of accidents, fatalities or serious injury for users of a
      state-controlled road
     does not adversely impact the structural integrity or physical condition of state-controlled roads, road
      transport infrastructure, public passenger transport infrastructure or active transport infrastructure
     does not adversely impact the function and efficiency of state-controlled roads or future state-
      controlled roads
     does not adversely impact the state’s ability to plan, construct, maintain, upgrade or operate state-
      controlled roads, future state-controlled roads or road transport infrastructure
     does not significantly increase the cost to the state to plan, construct, upgrade or maintain state-
      controlled roads, future state-controlled roads or road transport infrastructure
     does not adversely impact the state’s ability to operate public passenger services on state-controlled
      roads.

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
     Development Assessment Rules
     SARA DA Mapping system
     State Planning Policy mapping system
     section 58 of the Human Rights Act 2019.

Attachment 4—Representations about a Referral Agency Response
Provisions
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Attachment 5—Documents Referenced in Conditions
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