PLANNING & ENVIRONMENT COURT APPEAL NO. 2697 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 4 ARAKOON CRESCENT, SUNSHINE BEACH · Report

PLANNING & ENVIRONMENT COMMITTEE MEETING                                     11 NOVEMBER 2025


7.3         PLANNING & ENVIRONMENT COURT APPEAL NO. 2697 OF 2025 –
            APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING
            HOUSE 4 ARAKOON CRESCENT, SUNSHINE BEACH


Author            Development Assessment Manager, Patrick Murphy
                  Development & Regulation Department
Index             ECM/ Application/ MCU24/0131/ Case/ BV Investments Pty Ltd
Attachments       1.   ATTACHMENT 1 - DEVELOPMENT ASSESSMENT MANAGER'S
                       REPORT
                  2.   ATTACHMENT 2 - PROPOSAL PLANS
                  3.   ATTACHMENT 3 - OFFICER'S ORIGINAL REPORT



EXECUTIVE SUMMARY
This report advises Council that an appeal has been lodged against a decision made under
delegation to refuse a development application for Material Change of Use for a Dwelling House at
4 Arakoon Crescent, Sunshine Beach.

The application was refused by officers due to it being contrary to the Noosa Plan 2020 as:
• It has not been demonstrated that the proposed development will allow for natural fluctuations
   of the coast and foreshores to occur, including allowance for climate change.
• The proposal did not provide details of what coastal protection work is proposed to be
   constructed to protect the development.
• The proposed dwelling is three storeys and will dominate the surrounding area.
• The proposed development exceeds the allowable site cover and will result in a scale that is
   not compatible with the surrounding area.

The applicant has appealed the decision to the Planning and Environment Court; it is in order for
Council to defend the appeal.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning and
Environment Committee Meeting dated 11 November 2025 regarding Planning & Environment Court
Appeal 2697 of 2025 and agree to defend the appeal.