Original source · versioned page text
2206-29385 SPD - Changed referral agency response minor change to development approval
Attached to the e-mail Change to SARA response & approval - MCU19/0001 & MCU19/0001.01.
RE6-N
Changed referral agency response
Our reference: 2206-29385 SPD
Referral agency response—with conditions
(Given under section 56 of the Planning Act 2016)
Date of original response: 17 July 2019
Original reference: 1901-9327 SRA
The development application described below was properly referred to the State Assessment and
Referral Agency (SARA) on 17 January 2019.
Applicant details
Applicant name: Heritage Motel Investments Pty Ltd C/- RG Strategic
Applicant contact details: PO Box 1818
Noosa Heads QLD 4567
[email protected]
Location details
Street address: 6 and 10 Diamond Street, Cooroy
Real property description: Lot 703 on C5602, Lot 704 on C5602 and Lot 705 on C5602
Local government area Noosa Shire Council
Application details
Development permit Material change of use for commercial business - type 1 office,
multiple housing - type 4 conventional, retail business - type 2
shop & salon
Referral triggers
The development application was referred to SARA under the following provision of the
Planning Regulation 2017:
Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1
Development application for a material change of use within 25m of a state-controlled road
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.
South East Queensland (North) regional
office
Mike Ahern Building, Level 3, 12 First
Avenue, Maroochydore
Page 1 of 7 PO Box 1129, Maroochydore QLD 4558
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 6 pages
Page 2
2206-29385 SPD
Reasons for decision to impose conditions
SARA must set out the reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.
Advice to the applicant
SARA offers advice about the application to the applicant—see Attachment 3.
Approved plans and specifications
SARA 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: Material change of use – Commercial business – type 1 office, multiple
housing – type 4 conventional, retail business – type 2 shop & salon
Proposed Site Plan Verve Building Design 16.04.2019 18043-DA02 revision C E
CO 06.10.2020
Building Elevations and Verve 16.04.2019 18043-DA03 revision B D
Building Design CO 06.10.2020
Perspectives Plan
Building Elevations and Verve Building Design 16.04.2019 18043-DA04 revision B D
CO 06.10.2020
Perspectives Plan
Building Elevations and Verve 16.04.2019 18043-DA05 revision B D
Building Design CO 06.10.2020
Perspectives Plan
Level 1 & Roof Plan Verve Building Design 16.04.2019 18043-DA06 revision A C
CO 06.10.2020
enc Attachment 1—Changed conditions to be imposed
Attachment 2—Changed reasons for decision to impose conditions
Attachment 3—Changed advice to the applicant
Approved plans and specifications
State Assessment and Referral Agency Page 2 of 7
Page 3
2206-29385 SPD
Attachment 1—Changed conditions to be imposed
No. Conditions of development approval Condition timing
Material change of use – Commercial business – type 1 office, multiple housing – type 4
conventional, retail business – type 2 shop & salon
Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 (Planning Regulation 2017)—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. The proposed development, including the awnings and all At all times
permanent structures, must be carried out generally in
accordance with the following plans as amended in red, to show
all permanent structures must not extend into the state-controlled
road corridor: must be carried out to ensure all permanent
structures are fully contained within the subject site, awnings
located within the state-controlled road corridor are to be
cantilevered with at least 2.5m clearance under the awning
(including from signs hanging off the awning) generally in
accordance with the following plans:
Proposed Site Plan prepared by Verve Building Design
CO, dated 16.04.2019 06.10.2020, reference 18043-DA02
and revision C E.
Building Elevations and Perspectives Plan prepared by
Verve Building Design CO, dated 16.04.2019 06.10.2020,
reference 18043-DA03 and revision B D.
Building Elevations and Perspectives Plan, prepared by
Verve Building Design CO, dated 16.04.2019 06.10.2020,
reference 18043-DA04 and revision B D.
Building Elevations and Perspectives Plan prepared by
Verve Building Design CO, dated 16.04.2019 06.10.2020,
reference 18043-DA05 and revision B D.
Level 1 & Roof Plan prepared by Verve Building Design
CO, dated 16.04.2019 06.10.2020, reference 18043-
DA06 and revision A C.
2. Balconies on all units of the north facing elevation as shown on Prior to the
Building Elevations and Perspectives Plan prepared by Verve commencement of
Building Design dated 16.04.2019 06.10.2020 reference 18043 use and to be
maintained at all
DA03 and revision B D must include:
times
(a) balustrades that are solid, gap-free and continuous for
their complete length other than gaps required for
drainage purposes in accordance with the Building Code
of Australia; and
State Assessment and Referral Agency Page 3 of 7
Page 4
2206-29385 SPD
No. Conditions of development approval Condition timing
(a) highly acoustically absorbent material treatment for the
total area of the soffit above these balconies
3. (a) Stormwater management of the development must (a) At all times
ensure no worsening or actionable nuisance to the state- (b) At all times
controlled road.
(b) Any works on the land must not:
i. create any new discharge points for stormwater
runoff onto the state-controlled road;
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.
4. (a) The road access location is to be located generally in (a) At all times
accordance with Proposed Site Plan, prepared by Verve (b) and (c): Prior to
Building Design, dated 24.04.2019 06.10.2020 reference the commencement
18043-DA02 and revision C.E. of use
(b) Road access works comprising left in / left out access, a
raised centre road median, and the removal of on-street car
parking for a distance of 6m on the eastern side of the
driveway, must be provided generally in accordance with
Proposed Site Plan, prepared by Verve Building Design,
dated 24.04.2019 06.10.2020 reference 18043-DA02 and
revision C, E and Drawing No.: BMC18169-ATR12 Version
2, prepared by BMC Traffic, dated 26.06.2019.
(c) The road access works must be designed and constructed in
accordance with Institute of Public Works Engineering
Australia, Standard Drawings IPWEA RS-51, Vehicle
Crossing Heavy Duty, Centre Island (Left In/ Left Out) and
the Department of Transport and Main Roads' Road
Planning and Design Manual.
5. (a) The existing vehicular property access located between (a) and (b): Prior to
Lot 703 on C5602 and Cooroy – Noosa Road must be the commencement
permanently closed and removed. of the use
(b) The kerb and channelling and footpath between the
pavement edge and the property boundary on Lot 703 on
C5602 must be reinstated in accordance with The
Department of Transport and Main Roads, Road Planning
and Design Manual and Council Standards at no cost to
the Department of Transport and Main Roads’.
State Assessment and Referral Agency Page 4 of 7
Page 5
2206-29385 SPD
Attachment 2—Changed reasons for decision to impose conditions
The reasons for this decision are:
The development application seeks a development permit for a material change of use for
commercial business - type 1 office, multiple housing - type 4 conventional, retail business - type
2 shop & salon.
The proposed development gains access to a state-controlled road, being Diamond Street.
The plans of the proposed development and conditions of approval will ensure the development
does not impact on the safety and efficiency of the state-controlled road.
The amended plans identify awnings located within the state-controlled road corridor that
can be removed if required and are not structural elements to the buildings.
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 2.4), as published by SARA
The Development Assessment Rules
SARA DA Mapping system
Human Rights Act 2019
State Assessment and Referral Agency Page 5 of 7
Page 6
2206-29385 SPD
Attachment 3—Changed 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) v2.4. If a word remains undefined it has
its ordinary meaning.
2. 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. 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 online at:
http://spp.dsdip.esriaustraliaonline.com.au/geoviewer/map/planmaking. This tool allows
searches on a registered lot number and/or property address to determine whether and how the
QDC applies to the land.
3. Advertising Devices:
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’ Roadside Advertising
Manual. Any advertising device at this location:
must not exceed a maximum luminance of 350cd/m2
must be placed within the subject site, 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
4. 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 that are road access works
(including driveways) 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.
5. Public utility works and connection approval:
The applicant is advised that 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 Department of Transport and Main Roads
technical standards (TN163). Approvals must be obtained prior to commencing any utility works
within the state-controlled road reserve. Please contact the relevant utility provider or the
Department of Transport and Main Roads public utility team via
[email protected] for further information on the application and approval
process.
6. 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.
State Assessment and Referral Agency Page 6 of 7
Page 7
2206-29385 SPD
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 the Department of Transport and Main
Roads.
State Assessment and Referral Agency Page 7 of 7