Notice of Appeal 04 09 19

5: The proposed building works was referred by Project B. A. to the Department of State
Development, Manufacturing, Infrastructure and Planning under section 56 of the PA.

6. Project B. A. received a referral agency response under section 56 of the PA for
building work coastal development seaward of a coastal building line.

Ts The response required the imposition of conditions to limit the building footprint for
the proposed building works so that it would not exceed the footprint of the approved
building works.

8. The Applicant is required to comply with the conditions of the referral agency under
section 56 (1) (b) (i) of the PA.

The Application
9. The Application for the proposed building work was properly made on 28 June 2019.
Level of Assessment

10. Carrying out building work is code assessable development as a consequence of the
Land being included in the coastal protection area on the Eastern Beaches Natural
Resources Overlay (Map OM4.5).

Reasons for Refusal

11. By Decision Notice dated 20 August 2019 the Respondent refused the
application for the following reasons:

1. The proposal is in conflict with the assessment benchmarks of the State Planning
Policy as it proposes development in an Erosion Prone Area and Natural Hazard Area
and presents an unacceptable risk to people and property from coastal processes,
including the projected impacts of climate change.

2. The proposal is contrary to the provisions of the Planning Scheme in that it
proposes development:

a. in the Landslide Hazard Area thereby placing people and property at risk
and does not maintain the natural processes and protection function of land
forms and vegetation contrary to the provisions of the Building Works Code.

b. that is not sited to minimise risk to users, contrary to the Building Works
Code.

c. in the Coastal Protection Area extending seaward of the Coastal Building
Line and is likely to adversely impact upon natural coastal processes contrary
to the requirements of Schedule 1 of Noosa Plan and the Natural Resources
Code.

d which does not protect the dunal area and natural environmental nor
maintain the safety of people and works contrary to the Overall Outcomes
for the Eastern Beaches Locality.