Notice of Appeal 04 09 19

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

a. in the Coastal Protection Area extending seaward of the Coastal Building
line and does not allow for natural fluctuations of the coast and foreshore to
occur, including allowance of climate change.

b. which has not been sited to minimise the risk from coastal processes as
the development has not been located as far landward as practicable to
ensure people and property are not at risk from coastal hazards and avoid
the need for additional coastal protection works.

4. Recent modelling carried out by the Council indicates significant erosion is likely to
occur in the future which may threaten life and property should the proposed
development proceed.

5. Given the site is affected by the Coastal Building Line and is located in a highly
vulnerable erosion prone area, the proposed 6m setback is not sufficient to minimise
the risk of erosion.

Compliance with relevant assessment benchmarks

12.

13.

The proposed building work complies with the relevant assessment benchmarks of
column 2 of Tables 14-44 - 14-46 of the Building Works Code in the Assessment Table
7.10 in relation to siting requirements as:

a. The siting of the proposed building work is in compliance with s1.1 of the
Building Works Code as:

i. s1.1 of the Building Works Code requires compliance with setbacks
identified in Schedule 1;

ii. Schedule 1 specifically provides for conditions of an existing approval
to prevail to the extent of any inconsistency over the relevant tables
in Schedule 1;

iii. | the approved building works were constructed in 1973 and required
approval under s44 of the Beach Protection Act 1968;

iv. an application for the permit under the Beach Protection Act 1968
was required to be made to the Local Government;

v. the local government was required to forward the application to the
Beach Protection Authority;

vi. the Beach Protection Authority could grant the permit subject to
such terms and conditions as the Authority deems fit; and

b. The proposed building work otherwise complies with all other relevant
assessment benchmarks of column 2 of the Building Works Code.

The proposed building work complies with the relevant assessment benchmarks of
column 1 of Tables 14-44 - 14-46 of the Building Works Code in the Assessment Table