24-01-2020 - Appeal No. 245 of 2019 - Final Order of Judge Rackemann · 51987.2951.01

     M Design & Fourteen Enterprises Pty Ltd (Appellants) v Noosa Shire Council (Respondent)

     Planning and Environment Appeal No. 245 of 2019

     Joint Expert Report of Coastal Engineering Experts commenced on 7 August 2019 and completed via
     subsequent emails and telephone discussions between Neil Collins (NC) of BMT WBM Pty Ltd
 5   (representing Noosa Shire Council) and Paul Prenzler (PP) of Omtrek Pty Ltd (representing M Design
     & Fourteen Enterprises Pty Ltd).

     STATEMENT TO COURT

     We, the undersigned, hereby acknowledge that we have been instructed on an expert’s duty to
     assist the court and that, that duty overrides any obligation we may have to any party to the
10   proceedings or to any person who is liable for our fees or expenses.

     We furthermore state that no instructions were given or accepted to adopt or reject any particular
     opinion in preparing this report.

     BACKGROUND

     A Notice of Appeal was lodged by McInnes Wilson Lawyers on 25 January 2019, on behalf of the
15   Appellants (M Design & Fourteen Enterprises Pty Ltd) against the decision by Noosa Shire Council to
     refused a minor change application for additions to a detached house to include a swimming pool, deck
     and other structure seaward of the coastal building line for land located at 42 Seaview Terrace, Sunshine
     Beach, having a real property description of Lot 57 on RP81810 (the subject site).

     The Court Order dated 13 March 2019 defines the issues in dispute in the appeal as the issues
20   identified in paragraphs 7 and 10 to 13 (inclusive) of the Notice of Appeal.

     The issues in dispute relating to coastal engineering advanced by the Appellant are (adopting the
     paragraph numbering in the Notice of Appeal):

             10.     The Proposed Changes, both now and into the future, will not result in or contribute
                     to any adverse impacts in relation to:

25                   (a)      natural coastal processes;

                     (b)      erosion;

                     (c)      integrity and resilience of the foreshore.

             11.     The Proposed Changes will provide no worsening to the existing state of the
                     environment and coastal hazards that might affect the Land, the immediate
30                   surrounding and beyond.

             12.     The Proposed Changes have the potential to:

                     (a)      reduce the risk of erosion an minimise the effect of natural coastal processes
                              in the locality; and

                     (b)      improve the integrity and resilience of the foreshore in the immediate
35                            locality.

             13.     The design and proposed implementation of the Proposed Changes:

                     (a)      appropriately address and respond to any and all risks of erosion and natural
                              coastal processes and protects the environment; and



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