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1810-8094 SRA Response with conditions MCU18-0158
Attached to the e-mail SARA Response with conditions - MCU18/0158.
RA6-N SARA reference: 1810-8094 SRA Applicant reference: MCU18/0158 & RAL18/0017 16 January 2019 The Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin Qld 4565 [email protected] Attention: Patrick Murphy Dear Sir/Madam Referral agency response—with conditions (Given under section 56 of the Planning Act 2016) The development application described below was properly referred to the Department of State Development, Manufacturing, Infrastructure and Planning on 7 November 2018. Applicant details Applicant name: Kexron Pty Ltd C/- Pivotal Perspective Pty Ltd Applicant contact details: Jack Lewis 4/59 Mary St Noosaville QLD 4566 [email protected] Location details Street address: 34 Elm Street, Cooroy Real property description: 4RP72698; 5RP72698; 6RP72698 Local government area: Noosa Shire Council Application details Development permit Material change of use - Multiple Housing, Type 4 Conventional, Retail Business - Type 2 Shop & Salon Reconfiguring a lot – Boundary realignment (3 lots into 3) South East Queensland (North) regional office Mike Ahern Building, Level 3, 12 First Avenue, Maroochydore Page 1 of 9 PO Box 1129, Maroochydore QLD 4558
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Page 2
1810-8094 SRA
Referral triggers
The development application was referred to the department under the following provisions of the
Planning Regulation 2017:
10.9.4.2.3.1 State transport corridors and future State transport corridors
10.9.4.2.4.1 State transport corridors and future State transport corridors
Conditions
Under section 56(1)(b)(i) of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
be attached to any development approval.
Reasons for decision to impose conditions
The department must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.
Advice to the applicant
The department offers advice about the application to the applicant—see Attachment 3.
Approved plans and specifications
The department requires that the plans and specifications set out below and enclosed must be attached
to any development approval.
Drawing/report title Prepared by Date Reference no. Version/issue
Aspect of development: All
Site Plan/Ground Floor And+ Design July 2018 DA-16.0518.2 -
Plan amended in red
A copy of this response has been sent to the applicant for their information.
For further information please contact Luke Farrelly, Senior Planning Officer, on 0753529774 or via email
[email protected] who will be pleased to assist.
Yours sincerely
Garth Nolan
Manager (Planning)
cc Kexron Pty Ltd C/- Pivotal Perspective Pty Ltd, [email protected]
enc Attachment 1—Conditions to be imposed
Attachment 2—Reasons for decision to impose conditions
Attachment 3—Advice to the applicant
Approved plans and specifications
Department of State Development, Manufacturing, Infrastructure and Planning Page 2 of 9
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1810-8094 SRA
Attachment 1—Conditions to be imposed
No. Conditions Condition timing
Material change of use
10.9.4.2.4 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 development must be carried out generally in accordance with (a) prior to the
the following shown on the Site Plan/Ground Floor Plan, prepared commencement of use
by And+ Design, dated July 2018, drawing number DA-16.0518.2
as amended in red: (b) prior to obtaining
The existing bus stop ‘Elm St at Cooroy Station, Cooroy’ development approval
(TransLink ID: 700540, Hastus ID: 301598) adjacent to the site for operational work or
in Elm Street must not be relocated. building work,
The existing bus stop shelter must be repositioned to the north whichever occurs first
of the awning. Where the existing shelter cannot be reinstated,
a new disability compliant shelter must be provided in (c) prior to the
accordance with Noosa Council’s requirements and Table 5.9 commencement of use
– ‘TransLink requirements for bus stop components – bus stop
furniture - shelters’ (page 38) of Chapter 5 – ‘Bus Stop
Infrastructure’ of the Public Transport Infrastructure Manual
2015.
The existing bin must be repositioned to the south of the tactile
ground surface indicators. Where the existing bin cannot be
reinstated, a new bin must be provided in accordance with
Table 5.9 – ‘TransLink requirements for bus stop components
– bus stop furniture – bins’ (page 39) of Chapter 5 – ‘Bus Stop
Infrastructure’ of the Public Transport Infrastructure Manual
2015.
(b) Written notice must be provided to the Department of Transport and
Main Roads’ TransLink Division (07 3851 8700 or at
[email protected]) prior to relocating the existing shelter
and bin at the bus stop.
(c) RPEQ certification must be provided to the North Coast District
Development Assessment Team, via
[email protected]. within the Department of Transport
and Main Roads’, confirming that the development has been
designed and constructed in accordance with parts (a), (b) and (c)
of this condition.
2. (a) Stormwater management of the development must ensure no (a) at all times
worsening or actionable nuisance to the state-controlled road.
(b) at all times
(b) Any works on the land must not:
(i) create any new discharge points for stormwater runoff onto (c) Prior to the
the state-controlled road; commencement of use
(ii) interfere with and/or cause damage to the existing
stormwater drainage on the state-controlled road;
(iii) surcharge any existing culvert or drain on the state-
controlled road;
(iv) reduce the quality of stormwater discharge onto the state-
controlled road .
(c) RPEQ certification with supporting documentation must be provided
Department of State Development, Manufacturing, Infrastructure and Planning Page 3 of 9
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1810-8094 SRA
to the North Coast District Development Assessment team via
[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) The existing vehicular property access located between Lot 5 (a) and (b) prior to the
RP72698 and Cooroy Connection road must be permanently commencement of
closed and removed. use
(b) The kerb and channelling and the footpath between the pavement
edge and the property boundary must be reinstated in accordance
with Transport and Main Roads Road Planning and Design Manual
and relevant council standards at no cost to the Department of
Transport and Main Roads’.
Reconfiguring a lot
10.9.4.2.3.1 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):
4. a) The development must be carried out generally in accordance with (a) & (c) prior to the
the following shown on the Site Plan/Ground Floor Plan, prepared commencement of
by And+ Design, dated July 2018, drawing number DA-16.0518.2 use
as amended in red:
The existing bus stop ‘Elm St at Cooroy Station, Cooroy’ (b) prior to obtaining
(TransLink ID: 700540, Hastus ID: 301598) adjacent to the site development
in Elm Street must not be relocated. approval for
The existing bus stop shelter must be repositioned to the north operational work
of the awning. Where the existing shelter cannot be reinstated,
a new disability compliant shelter must be provided in
accordance with Noosa Council’s requirements and Table 5.9
– ‘TransLink requirements for bus stop components – bus stop
furniture - shelters’ (page 38) of Chapter 5 – ‘Bus Stop
Infrastructure’ of the Public Transport Infrastructure Manual
2015.
The existing bin must be repositioned to the south of the tactile
ground surface indicators. Where the existing bin cannot be
reinstated, a new bin must be provided in accordance with
Table 5.9 – ‘TransLink requirements for bus stop components
– bus stop furniture – bins’ (page 39) of Chapter 5 – ‘Bus Stop
Infrastructure’ of the Public Transport Infrastructure Manual
2015.
(b) Written notice must be provided to the Department of Transport and
Main Roads’ TransLink Division (07 3851 8700 or at
[email protected]) prior to relocating the existing shelter
and bin at the bus stop.
(c) RPEQ certification must be provided to the North Coast District
Development Assessment Team, via
[email protected]. within the Department of Transport
and Main Roads’, confirming that the development has been
designed and constructed in accordance with parts (a), (b) and (c)
of this condition.
5. (a) Stormwater management of the development must ensure no (a) at all times
Department of State Development, Manufacturing, Infrastructure and Planning Page 4 of 9
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1810-8094 SRA
worsening or actionable nuisance to the state-controlled road.
(b) at all times
(b) Any works on the land must not:
(c) prior to submitting
(i) create any new discharge points for stormwater runoff onto the Plan of Survey to
the state-controlled road; the local government
(ii) interfere with and/or cause damage to the existing for approval
stormwater drainage on the state-controlled road;
(iii) surcharge any existing culvert or drain on the state-
controlled road;
(iv) reduce the quality of stormwater discharge onto the state-
controlled road .
(c) RPEQ certification must be provided to the North Coast
District Development Assessment team via
[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.
6. a) The existing vehicular property access located between Lot 5 (a) and (b) prior to
RP72698 and Cooroy Connection road must be permanently submitting the
closed and removed. Plan of Survey to
the local
(b) The kerb and channelling and the footpath between the pavement government for
edge and the property boundary must be reinstated in accordance approval
with Transport and Main Roads Road Planning and Design Manual
and relevant council standards at no cost to the Department of
Transport and Main Roads’.
Department of State Development, Manufacturing, Infrastructure and Planning Page 5 of 9
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Attachment 2—Reasons for decision to impose conditions
The reasons for this decision are:
To ensure the development is carried out generally in accordance with the plans of development
submitted with the application.
To provide, as far as practicable, public passenger transport infrastructure to support public
passenger services.
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.
To maintain the safety and efficiency of the state-controlled road by reducing the number of road
access.
Findings on material questions of fact
DSDMIP as referral agency (concurrence):
Requires conditions to attach to any development approval as detailed in the referral agency
response (concurrence). (Planning Act 2016 section 56(1)(b)(i))
Provides advice to the applicant about the referral agency response (concurrence).
Include references to the plans and specifications relied upon for the referral agency response
(concurrence).
Evidence or other material on which the findings were based
development application material uploaded to mydas2
State Development Assessment Provisions published by the Department of State Development,
Manufacturing, Infrastructure and Planning
Planning Act 2016
Planning Regulation 2017
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1810-8094 SRA
Attachment 3—Advice to the applicant
General advice
Advertising advice
1 Advertising devices have the potential to cause unsafe distraction, glare or other nuisance to
drivers, which affects safety on the sate-controlled road. Any proposed advertising devices are
to be in accordance with the Department of Transport and Main Roads’ (TMR) Roadside
Advertising Guide. For example, any advertising device at this location:
Must not exceed a maximum luminance of 350cd/m2.
Must be placed within the subject site and be clear of the state-controlled road reserve
(without overhang).
Must not contain a variable message component.
Further information on the Roadside Advertising Manual can be found at the following link:
https://www.tmr.qld.gov.au/business-industry/Technical-standards-publications/Roadside-
advertising-manual
Public passenger transport
2 The detailed positioning of the relocated bus stop shelter and bin should be submitted to the
Department of Transport and Roads’ TransLink Division for endorsement prior to construction
or any works commencing. Please contact the TransLink Division on telephone number (07)
3851 8700 or at [email protected] TMR, TransLink Public Transport Infrastructure Manual May (PTIM) 2015 and Signage
Manual Bus Network Transport Infrastructure December 2016 are available at:
http://translink.com.au/about-translink/what-we-do/public-transport-planning.
Road Traffic Noise
3 Transport noise corridor: Mandatory Part (MP) 4.4 of the Queensland Development Code
(QDC) commenced on 1 September 2010 and applies to building work for the construction or
renovation of a residential building in a designated transport noise corridor. MP4.4 seeks to
ensure that the habitable rooms of Class 1, 2, 3 and 4 buildings located in a transport noise
corridor are designed and constructed to reduce transport noise. Transport noise corridor
means land designated under Chapter 8B of the Building Act 1975 as a transport noise
corridor. Information about transport noise corridors is available at state and local government
offices. A free online search tool can be used to find out whether a property is located in a
designated transport noise corridor. This tool is available at the Department of Local
Government and Planning website (http://napmap.smarteda.qld.gov.au/planmapweb/) and
allows searches on a registered lot number and/or property address to determine whether and
how the QDC applies to the land.
Further development permits, compliance permits or compliance certificates
Public passenger transport
4 The existing bus stop ‘Elm St at Cooroy Station, Cooroy’ (TransLink ID: 700540, Hastus ID:
301598) will be impacted on by the development. This bus stop must be able to function and
pedestrian access to this facility must be maintained during the construction of the
development, including the relocation of the bus stop shelter and bin. Accordingly, if any
temporary bus stop and pedestrian access arrangements are required, the applicant must
reach agreement on suitable arrangements with the TMR TransLink Division
([email protected] or on 3851 8700) prior to any construction or works
commencing.
Removal of the existing access to the State-controlled Road & Works within the State-controlled
Road Corridor
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5 Under section 33 of the Transport Infrastructure Act 1994, written approval is required from
TMR to carry out works on a state-controlled road including:
Removal of the existing access driveway
Construction of the new footpath
Relocation of the existing bus stop
A section 33 approval must be obtained before commencing the works. For further information
about applying for a section 33 approval, please contact TMR by phone on 07 5451 7055 or
email [email protected] (please quote TMR18-025959).
Road corridor permit
6 Advice regarding Road Corridor Permit:
An application for a Road Corridor Permit (RCP), is required for any ancillary works and
encroachments on the state-controlled road under section 50(2) and Schedule 6 of the
Transport Infrastructure Act 1994 and Part 5 and Schedule 1 of the Transport Infrastructure
(State-Controlled Roads) Regulation 2006.
Ancillary works and encroachments include but are not limited to awnings, advertising signs or
other advertising devices, paths or bikeways, buildings/shelters, vegetation clearing,
landscaping and planting.
All proposed awnings within a state-controlled road require a Road Corridor Permit to be
obtained from TMR. Other approvals may also be required from the local authority.
All applications should contain the following information:
• dimensioned plans, sections and elevations of proposal;
• a full description of the proposed support structure, fabric, colour and fixing details; and
structural certification by a qualified structural engineer (RPEQ).
To make an application for a Road Corridor Permit please refer to the following link for further
information: https://www.tmr.qld.gov.au/Community-and-environment/Planning-and-
development/Other-matters-requiring-approval/Road-Corridor-Permit.
An application for a Road Corridor Permit, can be made to the Development Assessment
Team via [email protected] of TMR (please quote TMR18-025959).
Advice regarding proposed awnings:
Multiple awnings in the road corridor appear to be supported by posts.
If posts are used in the design, these must be cosmetic only (not structural).
Awnings proposed must be able to withstand an errant vehicle driving into a post,
without collapse.
Awnings must be cantilevered out from the building and must be removable.
Awnings must be removed if needed by TMR, or the permit expires/is cancelled.
A Road Corridor Permit from TMR must be held for the awnings at all times (the permit
must cover construction, operation and ultimate removal.) The permit is NOT
transferrable. Any change in ownership would require the new owner to apply for a
new permit in their own name.
TMR has concerns with the proximity of the awnings to several power poles. The
applicant must check with Energex to ensure appropriate offsets are maintained.
Power poles may NOT be relocated closer to the road carriageway to achieve this
offset.
Advice regarding proposed plantings in the state-controlled road corridor
Details of the proposed plantings in the road corridor are to be provided to TMR.
Any plantings must comply with TMR's Landscaping manual, and not pose a hazard to
traffic (eg must not block sight lines, must not block visibility to pedestrians using
crossing location, must not block visibility to people using the bus stop, must be
frangible, must not obstruct operation of the bus stop, must not damage adjacent road
pavements, must be able to be maintained without traffic control being required.
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Any landscaping must be maintained by either the property owner or council. TMR will
require documentation in writing, showing who will be responsible for long-term
maintenance of the landscaping. TMR will NOT be responsible for any maintenance of
the landscaping.
Department of State Development, Manufacturing, Infrastructure and Planning Page 9 of 9