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TIA - 2407-41400 SRA Application decision - s62A (PA) - Approval_1
Attached to the e-mail MCU24/0084 - SARA Approval.
Our ref TMR24-043150
Your ref M3155P
Enquiries Susan Brown
Department of
6 September 2024 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 MCU24/0084, lodged with Noosa Council involves
constructing or changing a vehicular access between Lot 4RP160124 the land the subject of the
application, and Boreen Road locally known as Louis Bazzo Drive (a state-controlled road) Road ID:
1412.
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 Louis Bazzo Pty Ltd (TTE) C/- JFP Urban Consultants Pty Ltd
Tower 1 T209 Kon Tiki Business Centre 55 Plaza Pde
Maroochydore QLD 4558
Application Details
Address of Property 658 Louis Bazzo Drive, Ringtail Creek QLD 4565
Real Property Description 4RP160124
Aspect/s of Development Development Permit for Material Change of Use for Function
Facility - Weddings and events
Decision (given under section 67 of TIA)
It has been decided to approve the application, subject to the following conditions:
Material Change of Use
No. Conditions of Approval Condition Timing
1 (a) The permitted road access location is the existing access (a) At all times.
location between the subject lot 4RP160124 and Louis Bazzo
Drive at approximate Latitude -26.327326, Longitude
(b) & (c) Prior to the
152.910442, generally in accordance with attachment D: Site
Master Plan, prepared by Blackburne Jackson, dated 24 commencement of
June 2024, Reference 5785-DA02. use.
(b) Road access works must be provided at the road access
location comprising Rural Property Access.
1 Please refer to the further approvals required under the heading ‘Further approvals’
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Material Change of Use
No. Conditions of Approval Condition Timing
(c) The road access works must be designed and constructed in
accordance with:
i. Department of Transport and Main Roads, Standard Drawing
No. 1807, dated 11/2021, Rev B;
ii. Department of Transport and Main Roads’ Road Planning
Design Manual – 2nd Edition, Volume 3 – Guide to Road
Design.
2 (a) Road works comprising Basic Right Turn (BAR) and Basic Left Prior to the
Turn (BAL), must be provided generally in accordance with commencement of
attachment F: Functional Layout Plan, Morgan Consulting use
Engineers, dated 19 August 2024, Drawing No. 24080/SK20,
Revision C.
(a) The road works must be designed and constructed in
accordance with:
i. Department of Transport and Main Roads' Road Planning
and Design Manual, 2nd Edition, Volume 3 – Guide to Road
Design;
ii. Department of Transport and Main Roads' Supplement to
Austroads Guide to Road Design (Parts 3, 4-4C and 6);
iii. Austroads Design Vehicles and Turning Path Templates;
iv. Queensland Manual of Uniform Traffic Control Devices, Part
13: Local Area Traffic Management and AS 1742.13-2009
Manual of Uniform Traffic Control Devices – Local Area
Traffic Management.
3 Vegetation removal and benching must be carried out to ensure Prior to the
Sight Visibiity from the existing driveway meets SISD 160m to the commencement of
east and SISD 240m to the west, generally in accordance with use and to be
attachment G: Sight Visibility from existing driveway SK01 – Aerial maintained at all
View, dated August 2024, prepared by Hayes Traffic Engineering. times.
4 Direct access is prohibited between Louis Bazzo Drive and Lot At all times.
4RP160124 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.
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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.
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, the North Coast
Region, Development Assessment team, should be contacted by email at
[email protected], or on (07) 5451 7055.
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Yours sincerely
Clemm Davidson
A/Senior Town Planner
Attachments: Attachment A – Decision evidence and findings
Attachment B - Section 70 of TIA
Attachment C - Appeal Provisions
Attachment D - Permitted Road Access Location Plan
Attachment E - Permitted Road Access Location QLD Globe
Attachment F – Proposed Works Plan
Attachment G - Sight Visibility from existing driveway Plan
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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: MCU24/0084) seeks a development
permit for a Material Change of Use – Funcation Faciility.
d) The subject site has road frontage to Louis Bazzo Drive, a state-controlled road under
jurisdiction of the Department of Transport and Main Roads (TMR).
e) The access location is shown at Attachment D: Site Master Plan, prepared by
Blackburne Jackson, dated 24 June 2024, Reference 5785-DA02.
f) Proposed road works are shown at Attachment F: Functional Layout Plan, Morgan
Consulting Engineers, dated 19 August 2024, Drawing No. 24080/SK20, Revision C.
Basic Right Turn (BAR) and Basic Left Turn (BAL).
g) Sight Visibility from proposed existing driveway meets SISD with vegetation removal and
benching. To ensure safe access is able to be provided it is considered necessary to
condition the development to provide Vegetation removal and benching generally in
accordance with attachment G: Sight Visibility from existing driveway SK01 – Aerial
View, dated August 2024, prepared by Hayes Traffic Engineering.
h) There is no reasonable opportunity to access a local road from the subject site.
i) The proposed development can be effectively implemented without significant impacts to
the safety and efficiency of the State-controlled road with the conditions applied.
Evidence or other material on which findings were based:
Reference Version
Title of Evidence / Material Prepared by Date
no. /Issue
Transport Infrastructure Act Queensland Government Current at 13 N/A N/A
1994 December
2019
Road Planning and Design Department of Transport August 2014 N/A 2nd
Manual and Main Roads Edition
Site Master Plan Blackburne Jackson 24.04.24 5785 – DA02 -
Site Plan – Wedding Venue Blackburne Jackson 24.04.24 5785 – DA03 -
Traffic Engineering Report Hayes Traffic Engineering June 2024 DA-01 -
Traffic Engineering Advice Hayes Traffic Engineering 23rd of August - -
2024
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Functional Layout Plan Morgan Consulting 19th of August 24080/SK20 C
Engineers 2024
Sight Visibility from existing Hayes Traffic Engineering August 2024 Page 1 and 2 -
driveway SK01 – Aerial
View
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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.
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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
(b) a person appeals to the Planning and Environment Court against a decision under the
Planning Act on the planning application.
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(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.
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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.
(8) The making of an application does not affect the original decision, or the carrying out of the
original decision, unless it is stayed.
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(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.
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Attachment D
Permitted Road Access Location/Proposed Site Plan
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Page 13
Attachment E Permitted Road Access Location QLD Globe
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Attachment F Proposed Works Plan iam Grpeae Sreuee jarniwerae Que 40
Page 15
Attachment G Sight Lines Plan SISD ~240m to west with removal of overgrown vegetation and tree undergrowth Traffic Engineering SISD “160m to east with vegetation removal and benching SISD measured Sm back from Conflict Point Title: Sight visibility from existing driveway SKO1 — Aerial View Date: August 2024 Project: 241245 Lot 4 RP160124 at 658 Louis Bazzo Drive, Ringtail Creek Client: Louis Bazzo Pty Ltd Page 15 of 15