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Response with Conditions - 2409-42553 SRA
Attached to the e-mail MCU24/0117 & OPW24/0139 - SARA Referral Agency Response.
RA6-N SARA reference: 2409-42553 SRA Council reference: MCU24/0117 & OPW24/0139 Applicant reference: 240810 23 January 2025 Chief Executive Officer Noosa Shire Council PO Box 141 TEWANTIN QLD 4565 [email protected] Attention: Georgina Schramm Dear Schramm SARA Referral Agency Response—19 Hill Street, Pomona (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 27 September 2024. Response Outcome: Referral Agency Response – with Conditions Date of Response: 23 January 2025 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 Material Change of Use for Multiple Dwellings (4 Units) Operational Work for Roadwork, Stormwater, Earthworks and Landscaping SARA Role: Referral Agency SARA Trigger: Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 (10.9.4.2.4.1) of the Planning Regulation 2017 – Material change of South East Queensland (North) regional office Level 4, Foundation Place 3 South Sea Islander Way, Maroochydore Page 1 of 9 PO Box 1129, Maroochydore QLD 4558
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2409-42553 SRA
use within 25 metres of a state-controlled road
SARA Reference: 2409-42553 SRA
Assessment Manager: Noosa Shire Council
Street Address: 19 Hill Street, Pomona
Real Property Description: Lot 10 on RP79669
Applicant Name: Kerry Cardinaels-Owens
Applicant Contact Details: C/- URBN Town Planning Pty Ltd
PO Box 81
BUDERIM QLD 4556
[email protected]
State-Controlled Road This referral included an application for a road access location, under
Access Permit: section 62A(2) of Transport Infrastructure Act 1994. Below are the
details of the decision:
Approved
Reference: TMR24-043812
Date: 9 January 2025
If you are seeking further information on the road access permit,
please contact the Department of Transport and Main Roads at
[email protected] 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 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 Cavannah Deller, A/ Principal Planning Officer, on 07 3244 9343 or
via email [email protected] who will be pleased to assist.
Yours sincerely
Luke Lankowski
Manager, Planning Services
cc Kerry Cardinaels-Owens C/- URBN Town Planning Pty Ltd, [email protected]
enc Attachment 1 – Referral Agency Conditions
Attachment 2 – Advice to the Applicant
State Assessment and Referral Agency Page 2 of 9
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2409-42553 SRA
Attachment 3 – Reasons for Referral Agency Response
Attachment 4 – Representations about a Referral Agency Response Provisions
Attachment 5 – Documents Referenced in Conditions
State Assessment and Referral Agency Page 3 of 9
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2409-42553 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 documents referenced below are found at Attachment 5)
No. Conditions Condition Timing
Material Change of Use for Multiple Dwellings (4 Units)
10.9.4.2.4.1—Material change of use within 25 metres of a state-controlled road—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. (a) Road access is located generally in accordance with the plan (a) At all times
titled General Arrangement 1 of 2 prepared by DME Projects,
26.11.24, job number 240604, drawing number 03 and revision C (b) and (c)
(as amended in red by SARA on 23 January 2025). Prior to the
commencement of use
(b) Provide road access works, comprising a 6 metre wide Vehicle
Crossing – Heavy Duty that continues for a minimum of 6 metres
inside the property boundary, at the road access location.
(c) Design and construct the road access works, referred to in part
(b) of this condition, in accordance with:
(i) Institute of Public Works Engineering Australasia (IPWEA)
Standard Drawing RSD-102, dated 07/23 and revision A
(ii) the Department of Transport and Main Roads’ Road
Planning and Design Manual
(iii) the Department of Transport and Main Roads’ Policies and
Technical Specifications
(iv) the Department of Transport and Main Roads’ Standard
Drawings Roads.
2. (a) Stormwater management of the development must not cause (a) At all times
worsening to the operating performance of the state-controlled
road, such that any works on the land must not: (b) Prior to the
commencement of
(i) create any new discharge points for stormwater runoff onto
operational work
the state-controlled road
(ii) concentrate or increase the velocity of flows to state- (c) Within 20 business
controlled road days of the completion
(iii) interfere with and/or cause damage to the existing of works
stormwater drainage on the state-controlled road
(iv) surcharge any existing culvert or drain on the state-controlled
road
(v) reduce the quality of stormwater discharge onto the state-
controlled road
(vi) impede or interfere with any overland flow or hydraulic
conveyance from the state-controlled road
State Assessment and Referral Agency Page 4 of 9
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2409-42553 SRA
(vii) reduce the floodplain immunity of the state-controlled road.
(b) Submit RPEQ certification with supporting documentation to the
North Coast Region Corridor Management Team within the
Department of Transport and Main Roads via
[email protected], confirming that the development
has been designed in accordance with part (a) of this condition.
(c) Submit RPEQ certification with supporting documentation to the
North Coast Region Corridor Management Team within the
Department of Transport and Main Roads via
[email protected], confirming that the
development has been constructed in accordance with parts (a)
and (b) of this condition.
3. Install on the balconies facing west on ‘Unit 1’ as shown on the plan Prior to the
titled Perspectives prepared by Ausmar, dated 04/11/24, job code commencement of use
D24KO, sheet 0.001 and revision PRELIM5 (as amended in red by and to be maintained
SARA on 23 January 2024): at all times
(a) a continuous solid gap-free structure, constructed of glass,
concrete blocks, bricks or fibre cement sheeting, or balustrade,
other than gaps required for drainage purposes in accordance
with the Building Code of Australia; and
(b) highly acoustically absorbent material treatment for the total area
of the soffit above the balconies.
State Assessment and Referral Agency Page 5 of 9
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2409-42553 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) (version 3.0). If a word remains
undefined it has its ordinary meaning.
2. Transport Noise Corridor
Transport noise corridor means land designated under Chapter 8B of the Building Act 1975 as a
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 of the QDC seeks to ensure that
habitable rooms of Class 1, 2, 3 and 4 buildings located in a transport noise corridor are
designed and constructed to reduce transport noise.
The State Planning Policy Interactive Mapping System is a free online search tool which can be
used to find out whether a property is located in a designated transport noise corridor. This tool
allows searches on a registered lot number and/or property address to determine whether and
how the QDC applies to the land. The State Planning Policy Interactive Mapping System can be
found at https://spp.dsdip.esriaustraliaonline.com.au/geoviewer/map/planmaking.
Further Permits Required
3. Road Works Approval
Condition 1 of this referral agency response include a requirement for road works on a state-
controlled road. Under section 33 of the Transport Infrastructure Act 1994, written approval is
required to carry out road works on a state-controlled road. This approval must be obtained prior
to commencing any works on the state-controlled road reserve.
It should be noted that the designs submitted through this development application are
conceptual in nature. The road works approval process will require engineering designs of the
works to be certified by a Registered Professional Engineer of Queensland (RPEQ) (detailed
designs showing all required aspects such as lighting, pavement design, signals, etc.). These
should demonstrate that the proposed works comply with the Department of Transport and Main
Roads Road Planning and Design Manual, technical standards and policies.
Please contact the Department of Transport and Main Roads to make an application for road
works approval via [email protected], quoting reference TMR24-043812, as
soon as possible to ensure that gaining a road works approval does not delay construction.
Further information on applying for road works approval, including the required application form,
can be found at https://www.tmr.qld.gov.au/Community-and-environment/Planning-and-
development/Other-matters-requiring-approval#roadworks.
4. Public Utility Works and Connections
If any works and/or connections are required to public utility services within a state-controlled
road reserve, approval from the Department of Transport and Main Roads is required under the
relevant public utility legislation (electricity, water/sewer, telecommunication). Approvals must be
obtained prior to commencing any utility works within the state-controlled road reserve.
Please contact the Department of Transport and Main Roads Public Utility Team via
[email protected] for further information on the application and approval process for
public utility works and connections.
State Assessment and Referral Agency Page 6 of 9
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2409-42553 SRA
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 development is for multiple dwellings (4 units) and associated operational work at 19 Hill Street,
Pomona. All buildings and structures are wholly contained within the site and do not require access to the
state-controlled road for maintenance.
The development gains access from the sites only road frontage, being a state-controlled road. The
location of the access will not impact the safety or operating performance of the state-controlled road.
The development site is located within a Transport Noise Corridor. Sufficient measures are in place to
ensure no road noise impacts on the ground floor of the dwellings however, measures are required for
the upper floor balconies.
The development will discharge stormwater to the state-controlled road via a kerb adapter. To ensure this
arrangement does not result in impacts on the state-controlled road, a condition is required which will
include a requirement for appropriate certification of the design and construction of stormwater
infrastructure/works.
Operational work is predominantly proposed on the rear of the site or for the construction of the access.
This is in proximity of the state-controlled road however, is minor in nature and given the separation
distance will not impact the safety or operating performance of the state-controlled road.
The development complies with State code 1 of SDAP, subject to conditions confirming the location of
the access and its required standard and requiring noise mitigation for balconies and appropriate
stormwater management.
Material used in the assessment of the application:
the development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
SDAP (version 3.0), as published by SARA
Development Assessment Rules
SARA DA Mapping system
State Planning Policy mapping system
section 58 of the Human Rights Act 2019
State Assessment and Referral Agency Page 7 of 9
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2409-42553 SRA Attachment 4—Representations about a Referral Agency Response Provisions (page left intentionally blank) State Assessment and Referral Agency Page 8 of 9
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2409-42553 SRA Attachment 5—Documents Referenced in Conditions (page left intentionally blank) State Assessment and Referral Agency Page 9 of 9