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TIA - Application decision - s62A (PA) - Approval_1

Attached to the e-mail RAL25/0016 - SARA Referral agency response – with conditions.

of 14

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    Our ref        TMR25-047580
    Your ref       N/A
    Enquiries      Mitchell Fuller



                                                                                                      Department of
    9 October 2025                                                                                    Transport and Main Roads



        Decision Notice – Permitted Road Access Location
                                      (s62(1) Transport Infrastructure Act 1994)
                          This is not an authorisation to commence work on a state-controlled road1

    Development application reference number RAL25/0016, lodged with Noosa Council involves
    constructing or changing a vehicular access between Lot 4RP136445, land the subject of the
    application, and Boreen Point – Tewantin Road (a state-controlled road, number 1421).


    In accordance with section 62A(2) of the Transport Infrastructure Act 1994 (TIA), this development
    application is also taken to be an application for a decision under section 62(1) of TIA.

    Applicant Details
     Name and address                          Edmund and Marie Laurens C/- Brennan Planning Pty Ltd
                                               44 Maple Street
                                               Cooroy QLD 4563
    Application Details
     Address of Property                       400 Mckinnon Drive, Cooroibah QLD 4565
     Real Property Description                 4RP136445
     Aspect/s of Development                   Development Permit for Reconfiguring a Lot – 1 Lot into 2 Lots


    Decision (given under section 67 of TIA)
    It has been decided to approve the application, subject to the following conditions:


No. Conditions of Approval                                                              Condition Timing

Development Permit – Reconfiguring a Lot (1 into 2 Lots)
Road Access Location
A. General
1    The permitted road access location between future Lot 41 and 42                    At all times.
     (existing Lot 4 RP136445) and Boreen Point - Tewantin Road is
     at approximate Longitude 152.997750°, Latitude -26.375050°,
     generally in accordance with:
          Proposed Subdivision Cancelling Lot 4 on RP136445,
             prepared by Macro Spatial Solutions, dated 27 July 2025,

    1 Please refer to the further approvals required under the heading ‘Further approvals’



    Program Delivery and Operations                                       Telephone +61 (07) 5451 7004
    North Coast Region / Maroochydore Office                              Website    www.tmr.qld.gov.au
    Floor 1, 50 Wises Road Buderim QLD 4556                               Email      [email protected]
    PO Box 1600 Maroochydore QLD 4558                                     ABN: 39 407 690 291
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Page 2

No. Conditions of Approval                                                Condition Timing
            drawing number 2025030-DET-001, revision 01.


2    (a) Road access works must be provided at the permitted shared       (a) & (b) Prior to submitting
     road access location identified in Condition 1 comprising:           the Plan of Survey to the
        a rural residential driveway with a 6m wide throat and sealed    local government for
          between the pavement edge and property boundary.                approval and to be
                                                                          maintained at all times.
     (b) The road access works must be designed and constructed in
     accordance with Department of Transport and Main Roads:
       Rural Property Access, Standard Drawing SD1807 Type A,
          Issue B with a 450 mm diameter pipe for drainage and
          include sloping headwalls at both sides;
       Road Landscape Manual; and
       Road Planning and Design Manual, 2nd edition.
3    (a) The applicant must register reciprocal access easements on       (a)
     the titles of proposed lots 41 & 42 for the shared access.           At the time of survey plan
                                                                          registration.
     (b) The applicant must provide to
     [email protected] of the Department of                 (b)
     Transport and Main Roads a copy of Registration Confirmation         Within 20 business days of
     Statement/s and easement registration dealing number/s as            registration of the
     evidence of the registration of the easement/s referred to in part   easements.
     (a) of this condition.


4    Direct access is prohibited between Boreen Point – Teewantin         At all times.
     Road and Lot 4 RP136445 at any other location other than the
     Permitted Road Access Location described in Condition 1.



    Reasons for the decision
    The reasons for this decision are as follows:
       a) Vehicular access must not compromise safety of the users of the state-controlled road
           network.
       b) The safety of users of the state-controlled road network is the primary consideration for all
           works in a state-controlled road corridor.

    Please refer to Attachment A for the findings on material questions of fact and the evidence or
    other material on which those findings were based.

    Information about the Decision required to be given under section 67(2) of TIA
    1. There is no guarantee of the continuation of road access arrangements, as this depends on
        future traffic safety and efficiency circumstances.




                                                                                                 Page 2 of 14

Page 3

2. In accordance with section 70 of the TIA, the applicant for the planning application is bound by
   this decision. A copy of section 70 is attached as Attachment B, as required, for information.

Further information about the decision
1. In accordance with section 67(7) of TIA, this decision notice:
       a) starts to have effect when the development approval has effect; and
       b) stops having effect if the development approval lapses or is cancelled; and
       c) replaces any earlier decision made under section 62(1) in relation to the land.

2. In accordance with section 485 of the TIA and section 31 of the Transport Planning and
   Coordination Act 1994 (TPCA), a person whose interests are affected by this decision may
   apply for a review of this decision only within 28 days after notice of the decision was given
   under the TIA. A copy of the review provisions under TIA and TPCA are attached in
   Attachment C for information.

3. In accordance with section 485B of the TIA and section 35 of TPCA a person may appeal
   against a reviewed decision. The person must have applied to have the decision reviewed
   before an appeal about the decision can be lodged in the Planning and Environment Court. A
   copy of the Appeal Provisions under TIA and TPCA is attached in Attachment C for information.

Further approvals
The Department of Transport and Main Roads also provides the following information in relation to
this approval:

1. Road Access Works Approval Required – Written approval is required from the department to
   carry out road works that are road access works (including driveways) on a state-controlled road
   in accordance with section 33 of the TIA. This approval must be obtained prior to commencing
   any works on the state-controlled road. 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 to make an application.

If further information about this approval or any other related query is required, Mr Mitchell Fuller,
Town Planner should be contacted by email at [email protected] or on (07) 5451
7055.

Yours sincerely




Kirsty Simmonds
A/Senior Town Planner



Attachments: Attachment A – Decision evidence and findings
             Attachment B – Section 70 of TIA




                                                                                               Page 3 of 14

Page 4

Attachment C – Appeal Provisions
Attachment D – Permitted Road Access Location Plan
Attachment E – Proposed Subdivision Plan
Attachment F – Sight Distance Layout Plan




                                                     Page 4 of 14

Page 5

                                         Attachment A

                             Decision Evidence and Findings

Findings on material questions of fact:
   a) The objective of the Transport Infrastructure Act 1994 (TIA) requires the establishment of
       a road regime that is safe and efficient.
   b) Section 62 of the TIA provides for the Chief Executive of the Department of Transport
       and Main Roads (the department) to make decisions about permitted road access
       locations between particular land and a state-controlled road.
   c) The development application (Council reference: RAL25/0016) seeks a Development
       Permit for a Reconfiguring a Lot – Subdivision (1 Lot into 2 lots).
   d) The proposal includes a new or changed access to Boreen Point – Tewantin Road, a
       state-controlled road under the jurisdiction of the department and is an application under
       s62A of TIA.
   e) Boreen Point – Tewantin Road is a two-lane (single lane in each direction) rural road
       with minimal shoulder, sealed with double white lines only broken for accesses and
       intersections in this section and table drain.
   f) Access to the future lots is proposed via a single shared access to Boreen Point –
       Tewantin Road.
   g) There are no turn treatments at the existing access.
   h) Access from a local road is not available from the site.
   i) The SCR is not a limited access road at this location.
   j) Posted speed limit at the road access location is 100km/h.
   k) AADT is 3168, with 1559 in the Gazettal Direction and 1609 against the gazettal
       direction.
   l) A sight distance assessment was submitted and shows sight distances east and west of
       the access location appear to be clear and unobstructed.
   m) The assessment demonstrates that the minimum gap sight distance requirements are
       achieved.
   n) There is no recent crash history at the proposed access location.
   o) To minimise the impacts to safety and efficiency on the state-controlled road access to
       Boreen Point – Tewantin Road is required to be supported by a rural driveway standard.
   p) The proposed development can be effectively implemented without significant impacts to
       the safety and efficiency of the state-controlled road network with the conditioned access
       requirements.

Evidence or other material on which findings were based:

     Title of Evidence /             Prepared by             Date        Reference        Version
           Material                                                         no.            / Issue
 Transport Infrastructure Act   Queensland               Reprint        N/A             N/A
 1994                           Government               current
                                                         from 1
                                                         March 2023




                                                                                        Page 5 of 14

Page 6

Planning Act 2016              Queensland             Reprint     N/A           N/A
                               Government             current
                                                      from 10
                                                      June 2022
Road Planning and Design       Department of          August      N/A           2nd Edition
Manual                         Transport and Main     2014
                               Roads
Guide to Road Design Part      Austroads              2021        -             Edition 3.1
4A: Unsignalised and
Signalised Intersections
AS289.1 Parking Facilities –   Australian Standards   2004        AS/NZS        -
Off-street car parking                                            2890.1:2004
Vehicular access to state-     Department of          2019 and    N/A
controlled roads policy        Transport and Main     2023
(version 1.0) Management       Roads
of access between adjacent
land and state-controlled
roads
Guide to Traffic Impact        Department of          December    N/A           1.2
Assessment                     Transport and Main     2018
                               Roads
Town Planning Assessment       Brennan Planning       August      -             -
Report                                                2025
Proposed Subdivision           Macro Spatial          27 July     2025030-      01
Cancelling Lot 4 on            Solutions              2025        DET-001
RP136445
Sight Distance Layout Plan     Auxilium Consulting    -           C151          A




                                                                                Page 6 of 14

Page 7

                                          Attachment B

                                        Section 70 of TIA


                                                                   Transport Infrastructure Act 1994
                                                             Chapter 6 Road transport infrastructure
                                                       Part 5 Management of State-controlled roads



70   Offences about road access locations and road access works, relating to
     decisions under s 62(1)
     (1) This section applies to a person who has been given notice under section 67 or 68 of a
         decision under section 62(1) about access between a State-controlled road and adjacent
         land.
     (2) A person to whom this section applies must not—
         (a) obtain access between the land and the State-controlled road other than at a location
            at which access is permitted under the decision; or
         (b) obtain access using road access works to which the decision applies, if the works do
            not comply with the decision and the noncompliance was within the person’s control; or
         (c) obtain any other access between the land and the road contrary to the decision; or
         (d) use a road access location or road access works contrary to the decision; or
         (e) contravene a condition stated in the decision; or
         (f) permit another person to do a thing mentioned in paragraphs (a) to (e); or
         (g) fail to remove road access works in accordance with the decision.
     Maximum penalty—200 penalty units.
     (3) However, subsection (2)(g) does not apply to a person who is bound by the decision
         because of section 68.




                                                                                            Page 7 of 14

Page 8

                                            Attachment C

                                         Appeal Provisions

                                                                      Transport Infrastructure Act 1994
                                                                        Chapter 16 General provisions




485 Internal review of decisions
      (1) A person whose interests are affected by a decision described in schedule 3 (the original
          decision) may ask the chief executive to review the decision.
      (2) The person is entitled to receive a statement of reasons for the original decision whether
          or not the provision under which the decision is made requires that the person be given a
          statement of reasons for the decision.
      (3) The Transport Planning and Coordination Act 1994, part 5, division 2—
          (a) applies to the review; and
          (b) provides—
              (i)    for the procedure for applying for the review and the way it is to be carried out;
                     and
              (ii)   that the person may apply to QCAT to have the original decision stayed.


485B Appeals against decisions
      (1) This section applies in relation to an original decision if a court (the appeal court) is stated
          in schedule 3 for the decision.
      (2) If the reviewed decision is not the decision sought by the applicant for the review, the
          applicant may appeal against the reviewed decision to the appeal court.
      (3) The Transport Planning and Coordination Act 1994, part 5, division 3—
          (a) applies to the appeal; and
          (b) provides—
             (i)     for the procedure for the appeal and the way it is to be disposed of; and
             (ii)    that the person may apply to the appeal court to have the original decision
                     stayed.
      (4) Subsection (5) applies if—
          (a) a person appeals to the Planning and Environment Court against a decision under
              section 62(1) on a planning application that is taken, under section 62A(2), to also be
              an application for a decision under section 62(1); and




                                                                                                Page 8 of 14

Page 9

           (b) a person appeals to the Planning and Environment Court against a decision under the
              Planning Act on the planning application.
       (5) The court may order—
           (a) the appeals to be heard together or 1 immediately after the other; or
           (b) 1 appeal to be stayed until the other is decided.
       (6) Subsection (5) applies even if all or any of the parties to the appeals are not the same.
       (7) In this section—
original decision means a decision described in schedule 3.
reviewed decision means the chief executive’s decision on a review under section 485.




                                                                                             Page 9 of 14

Page 10

                                                          Transport Planning and Coordination Act 1994
                                                     Part 5, Division 2 – Review of Original Decisions



31   Applying for review
     (1) A person may apply for a review of an original decision only within 28 days after notice of
        the original decision was given to the person under the transport Act.
     (2) However, if—
         (a) the notice did not state the reasons for the original decision; and
         (b) the person asked for a statement of the reasons within the 28 days mentioned in
             subsection (1)
         the person may apply within 28 days after the person is given the statement of the reasons.
     (3) In addition, the chief executive may extend the period for applying.
     (4) An application must be written and state in detail the grounds on which the person wants
        the original decision to be reviewed.


32   Stay of operation of original decision
     (1) If a person applies for review of an original decision, the person may immediately apply for
         a stay of the decision to the relevant entity.
     (2) The relevant entity may stay the original decision to secure the effectiveness of the review
         and any later appeal to or review by the relevant entity.
     (3) In setting the time for hearing the application, the relevant entity must allow at least 3
         business days between the day the application is filed with it and the hearing day.
     (4) The chief executive is a party to the application.
     (5) The person must serve a copy of the application showing the time and place of the hearing
         and any document filed in the relevant entity with it on the chief executive at least 2 business
         days before the hearing.
     (6) The stay—
         (a) may be given on conditions the relevant entity considers appropriate; and
         (b) operates for the period specified by the relevant entity; and
         (c) may be revoked or amended by the relevant entity.
     (7) The period of a stay under this section must not extend past the time when the chief
         executive reviews the original decision and any later period the relevant entity allows the
         applicant to enable the applicant to appeal against the decision or apply for a review of the
         decision as provided under the QCAT Act.




                                                                                              Page 10 of 14

Page 11

     (8) The making of an application does not affect the original decision, or the carrying out of the
         original decision, unless it is stayed.
     (9) In this section—
relevant entity means—
         (a) if the reviewed decision may be reviewed by QCAT—QCAT; or
         (b) if the reviewed decision may be appealed to the appeal court—the appeal court.


35   Time for making appeals
     (1) A person may appeal against a reviewed decision only within—
         (a) if a decision notice is given to the person—28 days after the notice was given to the
             person; or
         (b) if the chief executive is taken to have confirmed the decision under section 34(5)—56
             days after the application was made.
     (2) However, if—
         (a) the decision notice did not state the reasons for the decision; and
         (b) the person asked for a statement of the reasons within the 28 days mentioned in
             subsection (1)(a);
         the person may apply within 28 days after the person is given a statement of the reasons.
     (3) Also, the appeal court may extend the period for appealing.




                                                                                             Page 11 of 14

Page 12

Attachment D — Permitted Road Access Location Plan

375050°

= | 152.997750°

 

Page 12 of 14

Page 13

Attachment E — Proposed Subdivision Plan

  
   

PROPOSED AREA BREAKDOWN

EXISTING LOT 4 IN RP136445 40474 mz
PROPOSED LOT 4/ 25472 me

PROPOSED LOT 42 15002 m*
~
‘ Total Ares: 40474 me

Page 13 of 14

Page 14

Attachment F - Sight Distance Layout Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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