Notice of Appeal 04 09 19

7.10 in relation to siting requirements as it:

a. provides amenity for the users of premises and preserves the amenity of the
adjoining and nearby land uses;

b. does not remove any vegetation that provides a buffer to adjoining uses;

c, allows for landscaping between buildings;

d. maintains the visual continuity and pattern of buildings particularly in
relation to the coastal building line;

e. does not visually dominate the street;
f is not adjacent to any watercourse;
g. does not interrupt the natural cycle of erosion and accretion of the

foreshore area as:

iii.

vi.

vii.

the proposed building works must comply with the referral agency
conditions requiring construction within the footprint of the
approved building works;

the angle of repose of the frontal dune system will not permit
construction of works to protect the property to occur within the
property boundary even if the building were setback in the manner
the Respondent seeks;

the proposed building work is an improvement on the approved
building work in that it is set back further from the rear boundary;

all of the allotments along Seaview Terrace are built to the same rear
alignment and if works become required to protect property they
would form part of a contiguous linear protection;

the Respondent has recently approved similar development seaward
of the building setback line at 50 Seaview Terrace, 52 Seaview
Terrace and 56 Seaview Terrace;

the referral agency for the building works has assessed the proposed
building works against the State development assessment provisions
and indicated the building work should not be prevented from
proceeding because it will occur partly seaward of the coastal
building line subject to conditions constraining the development to
the existing approved building work footprint; and

there is no greater risk to person or property in allowing the
development to proceed than in requiring the existing house to be
retained and not re-developed.

14. \\The proposed building work complies with the relevant assessment benchmarks of
columns 1 and 2 of Tables 14-44 - 14-46 of the Building Works Code in the Assessment
Table 7.10 in relation to stability requirements as a site specific geotechnical report