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

               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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Document Set ID: 23417365
Version: 15, Version Date: 13/08/2025