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2002-15673 SRA - Response with conditions

Attached to the e-mail MCU20/0013 SARA Referral agency response – with conditions.

of 6
RA6-N




SARA reference:        2002-15673 SRA
Council reference:     MCU20/0013
Applicant reference:   02615



8 May 2020

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

Attention:       Patrick Murphy


Dear Mr Murphy


SARA response—1, 3 and 9 Maple 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 Department of
State Development, Manufacturing, Infrastructure and Planning on 27 March 2020.


Response
Outcome:                            Referral agency response – with conditions.
Date of response:                   8 May 2020
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         Sport and recreation (playground)

SARA role:                         Referral agency
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
                                   railway corridor and State-controlled road

                                                                             South East Queensland (North) regional
                                                                             office
                                                                             Mike Ahern Building, Level 3, 12 First
                                                                             Avenue, Maroochydore
 Page 1 of 6                                                                 PO Box 1129, Maroochydore QLD 4558

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                                                                                            2002-15673 SRA




SARA reference:                        2002-15673 SRA
Assessment Manager:                    Noosa Shire Council
Street address:                        1, 3 and 9 Maple Street, Cooroy
Real property description:             Lot 1 and 2 on RP153299 and Lot 3 on SP230055
Applicant name:                        Noosa Shire Council
Applicant contact details:             C/- Martoo Consulting Pty Ltd
                                        Po Box 1684
                                        Noosa Heads QLD 4567
                                        [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 Ruth Creffield, A/Senior Planning Officer, on 5352 9775 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc       Noosa Shire Council, [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




 Department of State Development, Manufacturing, Infrastructure and Planning                    Page 2 of 6

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                                                                                                    2002-15673 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
 Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 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 condition:
 1.       (a) Stormwater and flooding management of the development must                At all times.
              ensure no worsening or actionable nuisance to the railway.

          (b) Any works on the land must not:
              i. impede or interfere with overland flow or hydraulic
                 conveyance on the site, including flows from the railway
                 corridor;
             ii. reduce the floodplain storage capacity of the site;
            iii. interfere with and/or cause damage to the existing
                 stormwater drainage on the railway corridor.




 Department of State Development, Manufacturing, Infrastructure and Planning                            Page 3 of 6

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                                                                                          2002-15673 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.




Department of State Development, Manufacturing, Infrastructure and Planning                  Page 4 of 6

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                                                                                          2002-15673 SRA




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


The reasons for the department’s decision are:
 The proposed development is for a material change of use for sport and recreation (playground).
 The subject site is located within 25 metres of a State-controlled road and railway corridor.
 SARA assessed the development application against State code 1: Development in a State-
   controlled road environment and State code 2: Development in a railway environment of the State
   Development Assessment Provisions (SDAP), version 2.6, and determined that with conditions, the
   development achieves compliance with the performance outcomes of the relevant State codes.


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




    Department of State Development, Manufacturing, Infrastructure and Planning              Page 5 of 6

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                                                                               2002-15673 SRA




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




 Department of State Development, Manufacturing, Infrastructure and Planning      Page 6 of 6

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