Street Address: 287 Nebo Road, Mackay QLD 4740 ... - Applications

Our refYour refEnquiriesTMR13-005871DA-2013-110Lesley GammieDepartment ofTransport and Main Roads18 April 2013The Chief Executive OfficerMackay Regional CouncilPO Box 41Mackay QLD 4740Attention: Brogan JonesDear SirCONCURRENCE AGENCY RESPONSE –CONDITIONSProposed Development: Material Change of Use –Warehouse and Car RepairWorkshopReal Property Description: Lot 1RP718036, 2RP717713Street Address: 287 Nebo Road, Mackay QLD 4740Assessment Manager ref.: DA-2013-110Local Government Area: Mackay Regional CouncilReference is made to the referral agency material for the development application describedabove which was received by the Department of Transport and Main Roads (thedepartment) under section 272 of the Sustainable Planning Act 2009 (SPA) on 8 April 2013.An assessment of the proposed development has been undertaken against the purposes ofthe Transport Infrastructure Act 1994 for state-controlled roads. Based on this jurisdiction,the department provides this concurrence agency response under section 285 of the SPA.The department advises the assessment manager that it requires conditions to attach to anydevelopment approval for the application. The department would also like to provide adviceabout the application to the assessment manager under section 287(6) of the SPA.Under section 325(1) of the SPA, the assessment manager must therefore attach thisresponse, including the enclosed Department of Transport and Main Roads ConcurrenceAgency Conditions and Statement of Reasons, to any approval for the application.Program Delivery and Operations Telephone +61 7 4951 8583Mackay\Whitsunday Region Facsimile +61 7 4951 850046 Gordon St Mackay Queensland 4740 Website www.tmr.qld.gov.auPO Box 62 Mackay Queensland 4740 Email lesley.n.gammie@tmr.qld.gov.auABN: 29139 407 690

The department may change its concurrence agency response in accordance with section290(1)(b) of the SPA.The department must be provided with a copy of the assessment manager’s decision noticeregarding the application within five (5) business days after the day the decision is made inaccordance with section 334 of the SPA.A copy of this response has been sent to the applicant for their information.If you have any questions or wish to seek clarification about any of the details in thisresponse, please contact Lesley Gammie, Town Planner (Corridor Management) on 07 49518583.Yours sincerelyfor Ian HusbandRegional DirectorEnc. (Department of Transport and Main Roads Agency Conditions and Statement ofReasons)C/cJulie & Stuart LairdDevelopment Planning & ApprovalsPO Box 449South Mackay QLD 4740Page 2 of 2

Our refYour refTMR13-005871DPA-0376Department ofTransport and Main RoadsC/cJulie & Stuart LairdDevelopment Planning & ApprovalsPO Box 449South Mackay QLD 4740Attention: Justin PeelPlease find attached correspondence for your information and action as required. Shouldyou wish to discuss this correspondence, please contact Lesley Gammie, Town Planner(Corridor Management) on 07 4951 8583.Yours sincerelyfor Ian HusbandRegional Director18 April 2013Enc. (Department of Transport and Main Roads Agency Conditions and Statement ofReasons)Page 1 of 1

Department of Transport and Main RoadsConcurrence Agency Conditions and Statement of ReasonsProposed Development:Real Property Description:Street Address:Our ref.:Assessment Manager ref.:Local Government Area:Material Change of Use –Warehouse and Car RepairWorkshopLot 1RP718036, 2RP717713287 Nebo Road, Mackay QLD 4740TMR13-005871DA-2013-110Mackay Regional CouncilNo. Conditions of Development Condition Timing Jurisdiction and ReasonsMaterial Change of Use –Warehouse and Car Repair Workshop1 Development must be carried out generally in accordance with thefollowing report, except as modified by these concurrence agencyconditions:•Development Application for Material Change of Use –Warehouse/Car Repair Workshop, DP & A –Justin Peel, Ref.DPA-0376 Rev A, February 2013.Prior to the commencementof use and to be maintainedat all times.The purposes of the Transport Infrastructure Act1994.The Department of Transport and Main Roads’assessment of the development application wasundertaken on the basis of the cited plan/s and/orreport/s which depict how the proposeddevelopment will be carried out.Page 1 of 4Page 1 of 4

for Ian HusbandRegional Director18 April 2013Page 2 of 4Page 2 of 4

Advice for state controlled roadsUnder section 43 of the Transport Infrastructure Act 1994, a local government must obtain the Department of Transport and Main Roads’approval if it intends to approve the erection, alteration or operation of an advertising sign or other advertising device that would be visiblefrom a motorway; and beyond the boundaries of the motorway; and reasonably likely to create a traffic hazard for the motorway.Under section 33 of the Transport Infrastructure Act 1994, written approval is required from the Department of Transport and Main Roadsto carry out road works, including road access works, on a state-controlled road. Please contact the Department of Transport and MainRoads on 49518555 to make an application for road works approval. This approval must be obtained prior to commencing any works onthe state-controlled road reserve. The approval process may require the approval of engineering designs of the proposed works, certifiedby a Registered Professional Engineer of Queensland (RPEQ).An application for a Road Corridor Permit is required for any ancillary works and encroachments on the state-controlled road undersection 50(2) and Schedule 6 of the Transport Infrastructure Act 1994 and Part 5 and Schedule 1 of the Transport Infrastructure(State-Controlled Roads) Regulation 2006. Please contact the Department of Transport and Main Roads on 49518555 to make anapplication for a Road Corridor Permit. Ancillary works and encroachments include but are not limited to advertising signs or otheradvertising devices, paths or bikeways, buildings/shelters, vegetation clearing, landscaping and planting.Mandatory Part (MP) 4.4 of the Queensland Development Code (QDC) commenced on 1 September 2010 and applies to building workfor the construction or renovation of a residential building in a designated transport noise corridor. MP4.4 seeks to ensure that thehabitable rooms of Class 1, 2, 3 and 4 buildings located in a transport noise corridor are designed and constructed to reduce transportnoise. Transport noise corridor means land designated under Chapter 8B of the Building Act 1975 as a transport noise corridor.Information about transport noise corridors is available at state and local government offices. A free online search tool can be used tofind out whether a property is located in a designated transport noise corridor. This tool is available at the Department of LocalGovernment and Planning website (http://www.dlgp.qld.gov.au/building/transport-noise-corridor-search-tool.html) and allows searches on aregistered lot number and/or property address to determine whether and how the QDC applies to the land.Page 3 of 4Page 3 of 4

Advice for state controlled roadsPursuant to Section 580 of the Sustainable Planning Act 2009 it is a development offence to contravene a development approval,including any condition in the approval.Pursuant to Section 80 of the Transport Infrastructure Act 1994, the construction, augmentation, alteration or maintenance of a publicutility plant on a state-controlled road reserve, must be in accordance with the Department of Transport and Main Roads’requirements.Page 4 of 4Page 4 of 4

INFORMATION ATTACHMENT TO CONCURRENCE AGENCY RESPONSERepresentations on Referral Agency ResponseIf the applicant intends to make a representation to the Department of Transport and MainRoads (the department) regarding the attached concurrence agency response, the applicantneeds to do this before the assessment manager decides the application.The applicant will need to give the assessment manager written notice under section 320(1)of the Sustainable Planning Act 2009 (SPA) to stop the decision-making period to make arepresentation to the department and subsequently contact the department to make therepresentation. The decision making period cannot be stopped for more than 3 months.Planning and Environment Court AppealsIf an appeal is lodged in the Planning and Environment Court in relation to this application,the appellant must give written notice of the appeal to the department under section 482(1)of the SPA. This notice should be given to:Chief Executive OfficerDepartment of Transport and Main RoadsC/- Planning Law TeamPlanning Management BranchGPO Box 213Brisbane QLD 4001This notice should be given within 2 business days if the appeal is started by a submitter, orotherwise within 10 business days after the appeal is started.Page 1 of 1