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PLANNING & ENVIRONMENT COURT APPEAL NO. D92 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 58 SEAVIEW TERRACE, SUNSHINE BEACH (Item 7.4 Referred from Planning & Environment Committee Meeting dated 11 November 2025) · ATTACHMENT 3 - OFFICER'S ORIGINAL REPORT
ATTACHMENT 3 - DBW24/0134 AND RAP24/0045 - OFFICER'S ORIGINAL REPORT DEVELOPMENT ASSESSMENT DELEGATED REPORT Author Development Planner, Matthew Pinese Development Assessment APPLICATION DETAILS Application No. DBW24/0134 & RAP24/0045 Applicant Linda Kaye & Michael Omeros C/- Pivotal Perspective Proposal Building Work Assessable Against the Planning Scheme - Dwelling House (Coastal Protection) Referral Agency Planning - Dwelling House (Building Height, Gross Floor Area, Setbacks, Environment, heritage and scenic amenity) Properly Made Date 8 October 2024 Information Request Date 8 November 2024 Information Response Date 27 November 2024 Decision Due Date 23 January 2025 Report Reviewed & Patrick Murphy Finalised By PROPERTY DETAILS Property Address 58 Seaview Terrace, SUNSHINE BEACH QLD 4567 RP Description Lot 65 on RP81810 Land Area 546m² Existing Use of Land Dwelling house STATUTORY DETAILS SEQRP Designation Urban Footprint Zone Low Density Residential Precinct Not Applicable Local Plan Area Sunshine Beach Local Plan Area Overlays Coastal Protection Overlay Map (OM-CP) - Coastal Building Line (State Government) - Coastal Protection and Scenic Amenity Landslide Hazard Overlay Map (OM-LS) - Moderate Hazard Area Assessment Type Code Assessment Document Set ID: 23417365 Version: 15, Version Date: 13/08/2025
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1. PROPOSAL
The application seeks a development permit for building works (DBW) associated with a Dwelling
house (Coastal Protection). Specifically, the proposal includes the demolition of the existing
dwelling house and the construction of a new dwelling, on a site that is affected by the Coastal
Protection and Scenic Amenity Overlay.
Prior to the application being submitted to Council, the applicant obtained a SARA referral agency
response (dated 10 September 2024) regarding the Coastal Hazards Assessment for Building
Works within the mapped Coastal Building Line.
Furthermore, a geotechnical assessment prepared by Tectonic Geotechnical Engineers was
submitted in support of the application.
This DBW application was required due to the site being subject to the requirements of the Coastal
Protection and Scenic Amenity Overlay Code, and due to non-compliance with one or more of the
relevant acceptable outcomes that are identified as applicable assessment benchmarks for
“accepted development subject to requirements” within the Low Density Housing Code,
specifically:
• AO22.1, AO22.2, AO22.3, AO22.4 and PO22 of the Low Density Housing Code (Landslide
Hazard Area)
The development proposal also triggers concurrence agency referral to Council due to non-
compliance with one or more alternative provisions to the Queensland Development Code
assessment benchmarks of the Low Density Residential Zone Code, namely:
• AO7.1 and AO7.2 of the Low Density Residential Zone Code (Building Height)
• AO8.2 of the Low Density Residential Zone Code (Gross Floor Area)
• AO9.1, AO9.2 and AO9.4 of the Low Density Residential Zone Code (setbacks)
• AO19.1 of the Low Density Residential Zone Code (Environment, heritage and scenic amenity)
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
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Figure 3 – Floor Plans
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Figure 4 – Elevations
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Figure 5 - Renders
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2. SITE DETAILS
Site & Locality Description
Road Frontage 16m to Seaview Terrace
Existing Significant Vegetation N/A
Topography The site falls downhill towards the seaward boundary at a
gradient of approximately 16%.
Surrounding Land Uses 60 Seaview Terrace - existing detached house (North)
56 Seaview Terrace – existing detached house (South)
66 Seaview Terrace – Dwelling under construction (further to
the north MCU21/0212)
Within the street and surrounding are existing detached
houses zoned Low Density Residential (West and
surrounding)
Vegetated coastal dune zoned Environmental Management
and Conservation and the beach (East)
3. APPLICATION BACKGROUND
The decision for this application was originally due on 8 January 2025. An extension to the Decision
Making Period was granted by agreement with the applicant until 23 January 2025.
On 23 January 2025, Council’s Development Planner discussed via phone with the applicant and
requested by email, a further extension to the Decision Making Period until 21 February 2025.
However, the applicant did not respond to this request until 24 January 2025. The application was
therefore not decided before the end of the Decision Making Period.
4. ASSESSMENT
4.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020 (25 September 2020)
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Coastal Protection and Scenic Amenity Overlay Code
• Low Density Residential Zone Code;
• Low Density Housing Code;
• Waste Management Code
• Water Quality and Drainage Code
The pertinent issues arising out of the assessment are discussed below:
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Summary of Proposed Development Statistics
Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max Internally there are small X
elements of 3 storeys, as
shown in Figure 4 (South
Elevation)
• metres 8 metres 8 metres
Site cover • 50% / 30% 23% - Lower Level
49.69% - Main Level
18% - Upper Level
Gross floor area 500m² max 504.1m2 X
Boundary setbacks
Lower Ground Floor
Plan
• Frontage 6.0 metres min 2.5 metres X
• Side (north/east) 1.5 metres min 1.5 metres
• Side (south/west) 1.5 metres min 1.5 metres
• Rear 3.0 metres min 6.0 metres
Ground Floor Plan
• Frontage 6.0 metres min 2.5 metres X
• Side (north/east) 1.5 metres min 1.5 metres
• Side (south/west) 1.5 metres min 1.5 metres
• Rear 3.0 metres min 4.0 metres
First Floor Plan
• Frontage 6.0 metres min 2.5 metres X
• Side (north) 2.0 – 2.5 metres min 2.0 metres X
• Side (south) 2.0 – 2.5 metres min 2.0 metres X
• Rear 1.5 – 4.5 metres min 5.5 – 6.4 metres
Soft landscaping 20% of the site area - m² min More than 20% of the site
area
Carparking 2 covered min 2 covered
It is noted that the areas of non-compliance with the Low Density Housing Code, and the alternative
provisions of the Low Density Residential Zone Code relating to alternative solutions for height,
gross floor area, setbacks, environment, heritage and scenic amenity were not of such significance
as to warrant refusal on these grounds.
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BUILDING WORK ASSESSABLE AGAINST THE PLANNING SCHEME ASSESSMENT
• PO1 and PO3 of the Coastal Protection and Scenic Amenity Overlay Code (Coastal building
line)
Coastal Protection and Scenic Amenity Overlay Code
Coastal Building Line
BMT carried out a peer review of the Coastal Hazard Assessment report completed by Moffat and
Nichol (Rev B dated 21 July 2025). This peer review has informed the following assessment of the
code.
PO1 of the Coastal Protection and Scenic Amenity Overlay Code states:
PO1 Development allows for natural fluctuations of the coast and foreshores to occur, including allowance
of climate change.
Editor's note—Coastal erosion areas are identified on Council's online mapping for the years 2040, 2070
and 2100.
Summary of BMT’s Assessment of PO1 of Coastal Protection and Scenic Amenity Overlay
Code
The peer review indicates that the proposal does not comply with Performance Outcome PO1 of
the Coastal Protection and Scenic Amenity Overlay Code, as the proposed development does not
allow for natural fluctuations of the coast and foreshores to occur, including allowance of climate
change.
The proposed foundation design using shear pile walls would inhibit natural coastal processes
associated with readjustment of the high dune slope following erosion of the dune toe. Sheer pile
walls do not allow these natural fluctuations of the coast and foreshores to occur.
PO3 of the Coastal Protection and Scenic Amenity Overlay Code states:
PO3 Where a coastal building line exists on a lot, all buildings, structures and retaining walls do not
extend seaward of the coastal building line for the site, other than—
(a) uncovered and unenclosed cantilevered balconies that do not extend greater than 3 metres
seaward of the coastal building line; and
(b) are setback a minimum of 6 metres from the seaward boundary (see Figure 8.2.4.4).
Summary of BMT’s Assessment of PO3 of Coastal Protection and Scenic Amenity Overlay
Code
The proposal plans show that the proposed development is setback 6m from the seaward (rear)
property boundary.
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Although the proposed development is set back 6 metres from this seaward (rear) boundary, there
are parts of the proposed dwelling that encroach approximately 9m seaward of the coastal building
line (refer to Figure 6) and around 6 metres beyond the boundary of the Erosion Prone Area (EPA).
The 2100 extent of the reassessed EPA (85m EPA Nov 2024) is shown in Figure 6-8 of the Moffat
and Nichol (Rev B dated 21 July 2025) report.
The peer review indicates that the proposal does not comply with Performance Outcome PO3 of
the Coastal Protection and Scenic Amenity Overlay Code.
Figure 6 – Marked up extract from the proposed Site Plan, indicatively showing the portion (approximate 9m
extent) of the proposed development seaward of the Coastal Building Line.
Development Planner’s Assessment of PO3 of Coastal Protection and Scenic Amenity
Overlay Code
The portions of the proposed dwelling that encroach approximately 9m seaward of the coastal
building line include:
• on the Lower Ground, Bedroom 3 and the pool
• on the Ground Floor, the combined kitchen/living/dining room
• on the Level 02, the roof over these areas
These parts of the dwelling house which extend seaward of the coastal building line, are not
uncovered and unenclosed cantilevered balconies and extend greater than 3 metres seaward of
the coastal building line.
In consideration of the above, the design and siting of the proposed dwelling does not meet the
performance criteria (a) and (b) of PO3 of the Coastal Protection and Scenic Amenity Overlay
Code.
State Code 8 - Coastal development and tidal works
BMT’s peer review of the Coastal Hazard Assessment report completed by Moffat and Nichol (Rev
B dated 21 July 2025), included a review of the SDAP Performance Benchmarks of this Code and
indicates what provisions of the code has not met or have not been demonstrated to comply with.
PO2 of the State Code 8 states:
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PO2 Development (other than coastal protection work) in the erosion prone area:
1. does not adversely impact coastal processes; and
2. ensures that the protective function of landforms and vegetation is
maintained.
Note: In considering reconfiguring a lot applications, the State may require land in the erosion
prone area to be surrendered to the State for coastal management purposes under the Coastal
Protection and Management Act 1995.
Where the planning chief executive receives a copy of a land surrender requirement or proposed
land surrender notice under the Coastal Protection and Management Act 1995, this must be
considered in assessing the application.
Summary of BMT’s Assessment of PO2:
The development site lies within a recalculated erosion-prone area (EPA), making it susceptible to
future coastal erosion. This erosion is expected to cause loss of sandy substrate as the steep dune
slope adjusts. While engineering solutions like a shear pile wall could prevent erosion, they would
disrupt natural coastal processes. Future property owners are unlikely to accept ongoing erosion
without intervention.
The peer review indicates that the proposal does not comply with Performance Outcome PO2 of
State Code 8.
PO5 of the State Code 8 states:
PO5 Development (other than coastal protection work) in the erosion prone area does not
directly or indirectly increase the severity of coastal erosion either on or off the site.
Summary of BMT’s Assessment of PO5:
In the Coastal Hazard Assessment report completed by Moffat and Nichol (Rev B dated 21 July
2025), the assessment of this performance outcome did not fully address the performance criteria.
The site is at risk from future natural coastal processes, and any remediation efforts could worsen
erosion either on-site or nearby. Therefore, any erosion mitigation measures included in the
building design must be carefully planned to avoid contributing to further erosion.
The peer review indicates that the proposal has not demonstrated compliance with Performance
Outcome PO5 of State Code 8.
PO6 of the State Code 8 states:
PO6 In erosion prone areas where a coastal building line is present, building work is located
landward of the coastal building line unless coastal protection work has been constructed to
protect the development.
Summary of BMT’s Assessment of PO6:
In the Coastal Hazard Assessment report completed by Moffat and Nichol (Rev B dated 21 July
2025), the assessment of this performance outcome did not fully address the performance criteria.
The proposed building is located seaward of the coastal building line and within the updated
erosion-prone area (EPA). No coastal protection structures currently exist to safeguard the
development. Although structural erosion mitigation is planned as part of the building design, the
specific approach has not yet been demonstrated.
The peer review indicates that the proposal has not demonstrated compliance with Performance
Outcome PO6 of State Code 8.
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5. CONSULTATION
5.1. Referral Agencies
The application was referred to SARA under the following trigger:
• Schedule 9, Part 3, Division 1, Table 1 (Planning Regulation 2017) - Building works seaward
of a coastal building works
A SARA referral agency response (2404-39910 SRA) was given, with conditions, on 10 September
2024, which was prior to the application being made to Council. The conditions included reference
the SARA approved plans, provisions for erosion and sediment control and the submission of “As
Constructed Drawings” within 20 business days of the works being completed.
It is noted that since this referral agency response was given, there has been changes made to
the submitted Coastal Hazard Assessment reporting, because of the peer review that was
completed by BMT.
It is also noted that the original Coastal Hazards Assessment was completed by Royal
HaskoningDHV, and this report referenced PA3570-RHD-XX-ZZ-RP-Z-0001 and dated 18 March
2024 was approved by Paul Prenzler. As part of the peer review of this report, a new Coastal
Hazard Assessment report referenced 252010-MN-RP-CO-0001A_58 Seaview Tce CHA Report
and dated 18 July 2025 was prepared by Moffatt & Nichol (M & N report) and approved Paul
Prenzler, who since October 2024 has worked for Moffatt & Nichol.
As part of the peer review completed by BMT of these reports, the dune toe location was updated
based on November 2024 aerial imagery and there was a reassessed Erosion Prone Area (85m
from the dune toe at 2.3m AHD).
Furthermore, the peer review indicated that the development did not comply with PO2 and has not
demonstrated compliance with PO5 and PO6 of State Code 8 - Coastal development and tidal
works.
Considering the conclusions made by BMT, as part of their peer review, a change to the referral
agencies assessment and response may be required.
5.2. Internal Council Referrals
Not applicable.
6. CONCLUSION & REASONS FOR DECISION
The proposal included significant non-compliances with the Performance Outcomes PO1 and PO3
of the Coastal Protection and Scenic Amenity Overlay Code.
The proposal also did not comply or demonstrate compliance with the Performances Outcomes
PO2, PO5 and PO6 of State Code 8 - Coastal development and tidal works.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
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DBW24/0134 - DEVELOPMENT PERMIT FOR BUILDING WORKS ASSESSABLE AGAINST
THE PLANNING SCHEME (WORKS ASSOCIATED WITH A DWELLING HOUSE (COASTAL
PROTECTION)
RECOMMENDATION
With regard to Application No DBW24/0134 for Building Work Assessable Against the Planning
Scheme - Dwelling House (Coastal Protection) situated at 58 Seaview Terrace, SUNSHINE
BEACH QLD 4567 and described as Lot 65 on RP81810, it is recommended the application be
refused in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: DBW24/0134
Street address: 58 Seaview Terrace, SUNSHINE BEACH QLD 4567
Real property description: Lot 65 on RP81810
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to refuse the application for the following reasons:
1. The proposal does not comply with Performance Outcome PO1 of the Coastal Protection
and Scenic Amenity Overlay Code as the proposed development does not allow for natural
fluctuations of the coast and foreshores to occur, including allowance of climate change.
2. The proposal does not comply with Performance Outcome PO3 of the Coastal Protection
and Scenic Amenity Overlay Code as the proposed development extends approximately 9
metres seaward of the coastal building line.
3. The proposal does not comply with Performance Outcome PO2 of State Code 8.
4. It has not been demonstrated that the proposal complies with Performance Outcome PO5
of State Code 8.
5. It has not been demonstrated that the proposal complies with Performance Outcome PO6
of State Code 8.
3. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP SARA Schedule 9, Part 3, The agency provided its
at DILGP Via MyDAS2 Division 1, Table 1 response on 10
at https://prod2.dev- (Planning September 2024
assess.qld.gov.au/suite Regulation 2017) (Reference No. 2404-
/ (for assistance, 39910 SRA). A copy of
contact DILGP at 5352 the response is
9701 or attached
email:[email protected]
4. PROPERTY NOTES
Not applicable.
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5. SUBMISSIONS
Not applicable.
6. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
7. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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RAP24/0045 – EARLY REFERRAL AGENCY RESPONSE FOR A DWELLING HOUSE (SITE
COVER AND SETBACKS)
RECOMMENDATION
With regard to Application No RAP24/0045 for Building Work Assessable Against the Planning
Scheme - Dwelling House (Site Cover and Setbacks) situated at 58 Seaview Terrace SUNSHINE
BEACH QLD 4567 and described as Lot 65 RP 81810, as identified in the attached details
recommended for the Referral Agency response.
1. APPLICATION DETAILS
Application No: RAP24/0045
Street address: 58 Seaview Tce SUNSHINE BEACH QLD 4567
Real property description: Lot 65 RP 81810
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. REFERRAL AGENCY RESPONSE
The applicant seeks a Referral Agency Response for a Dwelling house (Site Cover and Setbacks)
3. REASONS FOR REFUSAL
Council as a referral agency directs that the application must be refused for the following reasons:
1. The proposal does not comply with Performance Outcome PO1 of the Coastal Protection
and Scenic Amenity Overlay Code as the proposed development does not allow for natural
fluctuations of the coast and foreshores to occur, including allowance of climate change.
2. The proposal does not comply with Performance Outcome PO3 of the Coastal Protection
and Scenic Amenity Overlay Code as the proposed development extends approximately 9
metres seaward of the coastal building line.
3. The proposal does not comply with Performance Outcome PO2 of State Code 8.
4. It has not been demonstrated that the proposal complies with Performance Outcome PO5
of State Code 8.
5. It has not been demonstrated that the proposal complies with Performance Outcome PO6
of State Code 8.
4. REASONS FOR REFERRAL AGENCY’S DECISION
The proposal is subject to specific built form parameters outlined in Noosa Plan 2020 (25
September 2020).
5. REPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE
Not applicable
The applicant may make representations to Council about this referral agency response at any
time before the application is decided pursuant to section 30 of the Development Assessment
Rules 2017.
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Used in these records
PLANNING & ENVIRONMENT COURT APPEAL NO. D92 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 58 SEAVIEW TERRACE, SUNSHINE BEACH (Item 7.4 Referred from Planning & Environment Committee Meeting dated 11 November 2025) · ATTACHMENT 3 - OFFICER'S ORIGINAL REPORTAttachmentsMeeting 915 · read item & discussion ↗
PLANNING & ENVIRONMENT COURT APPEAL NO. D92 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 58 SEAVIEW TERRACE, SUNSHINE BEACH · ATTACHMENT 3 - OFFICER'S ORIGINAL REPORTAttachmentsMeeting 900 · read item & discussion ↗
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