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

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