Notice of Appeal 04 09 19

15.

16.

17.

18.

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20.

 

has been provided in compliance with s7.2 of the Building Works Code.

The proposed building work complies with the relevant assessment benchmarks of the
Natural Hazards and Natural Resource Overlay as it complies with the relevant overall
outcome as it does not adversely impact upon natural coastal processes as set out in
paragraph 14(g).

Overall outcome O20 of Table 13.20 has been overtaken by the presence of the
approved building work on Land, and each of the approvals to 50 Seaview Terrace, 52
Seaview Terrace and 56 Seaview Terrace and the Appellant relies upon matters set
out in paragraph 14 (g).

The Overall Outcomes for the Eastern Beaches Locality is not a relevant assessment
benchmark.

The State Planning Policy only applies the assessment benchmarks of Part E to
assessable development as matters to which regard must be had, by local
government.

The proposed building work complies with the assessment benchmarks of Part E of
the State Planning Policy provisions in relation to building in the erosion prone area
as:

a. Part E specifically accommodates minor redevelopment which includes the
demolition and replacement of a dwelling house;

b. the referral agency was required to assess the proposed building work
against Part E assessment benchmarks;

ic the referral agency required conditions be imposed that were to avoid or
minimise adverse impacts on coastal resources;

d. requires the minor redevelopment to mitigate risk to people and property to
an acceptable or tolerable level; and

e. subject to the imposition of those conditions the proposed building works
comply with the assessment benchmarks of the State Planning Policy in
relation to minor redevelopment in the erosion prone area.

The development in all of the circumstances ought to be approved.

 
   

P&E Law
Solicitors for the Appellant
4 September 2019