Response with conditions 2312-38390 SRA

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                                                                                                   2312-38390 SRA




                                       Development application for reconfiguring a lot within 25m of a state
                                       transport corridor
SARA reference:                        2312-38390 SRA
Assessment manager:                    Noosa Shire Council
Street address:                        31 Overlander Avenue, Cooroy
Real property description:             Lot 48 on RP179733
Applicant name:                        Bradley and Megan Voight C/- Brennan Planning
Applicant contact details:              44 Maple Street
                                        Cooroy QLD 4563
                                        [email protected]


Human Rights Act 2019                  Consideration of the Human Rights Act 2019 sections 15 to 35 has
considerations:                        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 (s.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 Tracey Beath, Senior Planning Officer, on (07) 4924 2917 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Anthony Walsh
Manager Planning

cc       Bradley and Megan Voight C/- Brennan Planning, [email protected]

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




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                                                                                                    2312-38390 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)


No.     Conditions                                                                       Condition timing
Reconfiguring a lot
10.9.4.2.1.1 – Reconfiguring a lot 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 of the development must not cause                          At all times
        worsening to the operating performance of the state-controlled road,
        such that any works on the land must not:
            i.   create any new discharge points for stormwater runoff onto the
                 state-controlled road;
           ii.   concentrate or increase the velocity of flows to the state-
                 controlled road;
          iii.   interfere with and/or cause damage to the existing 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;
          vii.   reduce the floodplain immunity of the state-controlled road.




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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.

State-controlled roads
2.      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 (TMR) under the
        relevant public utility legislation (electricity, water/sewer, telecommunication), and in
        accordance with TMR technical standards (TN163). Approvals must be obtained prior to
        commencing any utility works within the state-controlled road reserve. Please contact the public
        utility team via [email protected] for further information on the application and
        approval process.




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                                                                                     2312-38390 SRA




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



The reasons for SARA’s decision are:
 The assessment benchmark which is relevant to SARA’s assessment is the State Development
   Assessment Provisions (SDAP) v3.0, State code 1: Development in a state-controlled road
   environment
 The development is considered to comply with SDAP State code 1, subject to a condition which
   requires stormwater management must not cause worsening to the operating performance of the
   state-controlled road.

Material used in the assessment of the application:
 the development application material and submitted plans
 Planning Act 2016
 Planning Regulation 2017
 the SDAP (version 3.0), as published by SARA
 the Development Assessment Rules
 SARA DA Mapping system
 section 58 of the Human Rights Act 2019



Attachment 4—Representations about a referral agency response
provisions
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