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

               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:




                                                                                                     Page 7 of 15

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