2301-33112 SRA - Response with conditions

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                                                                                                  2301-33112 SRA




                                        Material change of use of premises near a State transport corridor
SARA reference:                         2301-33112 SRA
Assessment manager:                     Noosa Shire Council
Street address:                         45 and 47A Maple Street, Cooroy and 9 Myall Street, Cooroy
Real property description:              Lots 15 and 18 on C5605; and Lots 1 and 2 on RP99323
Applicant name:                         Radheath P/L TTE
                                        C/- Pivotal Perspective
Applicant contact details:               4/59 Mary St
                                         Noosaville QLD 4566
                                         [email protected]
Human Rights Act 2019                   A consideration of the 23 fundamental human rights protected under
considerations:                         the Human Rights Act 2019 has been undertaken as part of this
                                        decision. It has been determined that this decision does not limit
                                        human rights


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 (section 30 of the 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 Jodie Wilson, Senior Planning Officer, on 5352 9778 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Kieran Hanna
A/Manager


enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations about a referral agency response provisions

cc      RadheathP/L TTE, [email protected]




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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 documents referenced below are found at Attachment 5)


 No.     Conditions                                                                     Condition timing
 Development permit for material change of use for Multiple Dwelling (11 units)
 Schedule 10, part 9, division 4, subdivision 2, table 4, item 1 (Planning Regulation 2017) – Material
 change of use of premises near a State transport corridor —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.      Stormwater management                                                          (a) At all times.
         (a) Stormwater management of the development must ensure no
             worsening or actionable nuisance to the state-controlled road.             (b) Prior to obtaining
                                                                                        development approval
         (b) Any works on the land must not:                                            for operational work or
             (i) create any new discharge points for stormwater runoff onto             building work,
             the state-controlled road;                                                 whichever occurs first
             (ii) interfere with and/or cause damage to the existing stormwater
             drainage on the state-controlled road;                                     (c) Within 20 business
             (iii) surcharge any existing culvert or drain on the state-controlled      days of the completion
             road;                                                                      of works.
             (iv) reduce the quality of stormwater discharge onto the state-
             controlled road.

         (c) RPEQ certification with supporting documentation must be
             provided to North Coast District Development Assessment
             Team, via [email protected] (07) 5451 7055,
             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.
 2.      Managing Noise Impacts                                                         (a) and (b) Prior to the
         (a) Noise attenuation measures to achieve the following must be                commencement of use
             provided:                                                                  and to be maintained at
              All upper level balconies facing Myall Street must include               all times.
                 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.

         (b) Ground level unit fencing facing Myall Street is to be a solid gap-
             free fence, or other solid gap free structure.




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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) (version 3.0). If a word remains
        undefined it has its ordinary meaning.
2.      Stormwater Compliance
        Submitted stormwater management plan indicated that flows would be concentrated and
        discharged to the kerb and channel which may encroach upon traffic lanes, creating a hazard
        to state-controlled road users. Therefore, this solution could not be accepted by SARA

        To ensure compliance with Condition 1 (both aspects), the applicant is requested to submit
        detailed stormwater management design to the Department of Transport and Main Roads -
        North Coast District Development Assessment Team. Stormwater management designs are
        required to be submitted for each stage of the development, for review and endorsement,
        before any operational works that affect overland flows, are lodged with council (i.e. bulk
        earthworks, stormwater or drainage works).

        The review and endorsement of the stormwater management design, will ensure that any
        detention basin (interim and ultimate) and stormwater management system complies with the
        requirements of this condition and achieves a “no worsening” outcome.
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. 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.
4.      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 2022, Edition 4. 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.




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

The reasons for the SARA’s decision are:
 The proposal is for a development permit for material change of use for use of the premise to
   construct eleven (11) dwelling units and reconfiguring a lot permit to consolidate four lots into two
   lots.
 The subject site is located within 25 metres of a state-controlled road.
 SARA assessed the development application against State code 1: Development in a
   state-controlled road environment of the SDAP, version 3.0 and determined that the development
   complies with the relevant performance outcomes, subject to conditions to ensure:
        o Stormwater run-off or overland flow from the development site does not result in a safety
           hazard for users or a material worsening of the operating performance of the state-controlled
           road or road transport infrastructure.
        o Development minimises noise intrusion from a state-controlled road in private open space.

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 3.0), as published by the department
      The Development Assessment Rules
      SARA DA Mapping system
      Human Rights Act 2019


Attachment 4—Representations about a referral agency response
provisions
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