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

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