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

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