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TIA - Application decision - s62A (PA) - Approval_1

Attached to the e-mail SARA Approval - 56 Reserve St, Pomona MCU22/0156.

of 13

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    Our ref      TMR22-037596
    Your ref     N/A
    Enquiries    Clemm Davidson



                                                                                             Department of
    3 November 2022                                                                          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 MCU22/0156, lodged with Noosa Shire Council involves
    constructing or changing a vehicular access between Lot 188MCH1261, the land the subject of the
    application, and Pomona Connection Road, Road ID: 1403 (a state-controlled road) locally known
    as Reserve Street.


    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                Lisa Micolich
                                     9 Matthew Street
                                     Scotts Head NSW 2447
    Application Details
     Address of Property             56 Reserve Street, Pomona QLD 4568
     Real Property Description       188MCH1261
     Aspect/s of Development         Development Permit for Material Change of Use for Dwelling
                                     house.

    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

1    (a) The permitted road access location is to be between subject             (a) At all times
     Lot 188MCH1261 at approximate latitude -26.37126 and
     longitude 152.85343, generally in accordance with Site Plan,                (b) and (c)
     prepared by Soul Space Building Design, dated 1 November                    Prior to the commencement
     2022, drawing no. WD101 and revision D.                                     of use and to be maintained
                                                                                 at all times.
     (b) Road access works comprising Rural Property Access must
     be provided at the road access location.



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




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Page 2

No. Conditions of Approval                                                 Condition Timing

     (c) The road access works must be designed and constructed in
     accordance with Department of Transport and Main Roads
     Standard Drawing 1807, Rural Property Access, Revision A,
     dated 07/2020 and Department of Transport and Main Roads'
     Road Planning and Design Manual, 2nd Edition.
2    Direct access is prohibited between Pomona Connection Road            At all times.
     and Lot 188 MCH1261 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 or any other transport infrastructure.
       b) Vehicular access must be consistent with the functional requirements of the state-controlled
           road.

    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.




                                                                                                Page   2 of 13

Page 3

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, North Coast Region,
Development Assessment Team should be contacted by email at
[email protected] or on (07) 5451 7055.

Yours sincerely




Susan Brown
A/Senior Planner



Attachments: Attachment A – Decision evidence and findings
             Attachment B - Section 70 of TIA
             Attachment C - Appeal Provisions
             Attachment D - Permitted Road Access Location Plans




                                                                                            Page   3 of 13

Page 4

                                       Attachment A

                             Decision Evidence and Findings

Findings on material questions of fact:
    The objective of the Transport Infrastructure Act 1994 (TIA) requires the establishment of
       a road regime that is safe and efficient.
    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 state-controlled road.
    The subject site has a frontage to Pomona Connection Road, known locally as Reserve
       Street, a state-controlled road under the jurisdiction of the department.
    The development application (Council reference: MCU22/0156) seeks a Development
       Permit for Material Change of Use to Establish a Dwelling House. The purpose of this
       application is to gain approval of the MCU and to formalise approval of the existing
       access location to the state-controlled road. The existing access location has not been
       constructed to a Department of Transport and Main Roads access standard. Given this
       the existing access is required to be conditioned to an appropriate access standard
       (minimum requirement) 'Rural Property Access' to ensure safe access is able to be
       achieved for the proposed development.
    The only viable access to Lot 188 MCH1261 is to Pomona Connection Road, with no
       opportunity to gain access from a local road.
    The existing vehicle access location is considered to not impede existing transport
       infrastructure or the delivery of planned corridor improvements.
    There is no adverse crash history at this location.
    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
       location and standard.

Evidence or other material on which findings were based:

 Title of Evidence /          Prepared by            Date             Referenc     Version/Issue
 Material                                                             e no.
 Transport Infrastructure Act Queensland             Reprint          -            -
 1994                         Government             current
                                                     from 21 July
                                                     2020
 Planning Act 2016             Queensland            Reprint          -            -
                               Government            current
                                                     from 18 June
                                                     2021
 Guide to Traffic              Department of         2018             -            -
 Impact Assessment             Transport and Main
                               Roads
 Vehicular access to           Department of      2019                -            -
 state-controlled roads        Transport and Main
 policy Management of          Roads
 access between adjacent
 land and state-controlled
 roads



                                                                                       Page   4 of 13

Page 5

Road Planning and            Department of      August 2014    N/A       2nd Edition
Design Manual                Transport and Main
                             Roads
Confirmation Notice          Noosa Council      21 September   MCU22/0   -
                                                2022           156
Site Classification Report   Intrax             17 May 2022    187440    A
Engineering Plans            Peer Consulting    29 August      PCE2211   B
                             Engineers          2022
Site Plan                    Soul Space         01 November    WD101     D
                             Building Design    2022
House Location Plan          Soul Space         1 November     WD101     D
                             Building Design    2022




                                                                             Page   5 of 13

Page 6

                                          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   6 of 13

Page 7

                                            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.



                                                                                              Page   7 of 13

Page 8

       (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   8 of 13

Page 9

                                                          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.


                                                                                              Page   9 of 13

Page 10

     (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   10 of 13

Page 11

           Attachment D

Permitted Road Access Location Plans




                                       Page   11 of 13


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Page 12

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Page 13

Permitted existing access location




                                     Page   13 of 13


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Page 13 of 13

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