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

Working Notes:
M Design and Fourteen Enterprises Pty Ltd as trustee v Noosa Shire Council -
42 Seaview Terrace, Sunshine Beach

3.      Planning Framework
Reel Planning Consultants have prepare a summary (Attachment A) of the relevant development
requirements of the past and current versions of the Noosa Plan. In addition to the Noosa Plan
requirements the Queensland Government have requirements related to development on land
constrained by coastal building lines. The following sections provide opinion related to the past and
current requirements under the relevant coastal management legislation.


3.1.    Beach Protection Act 1968
The Beach Protection Act 1968 was enacted in response to severe erosion of the Gold Coast beaches
and the threat posed to public infrastructure and private property. The Act created the Beach
Protection Authority.

In relation to the current development application for the proposed swimming pool. An approval
from the Beach Protection Authority would have been required under section 44 of the Beach
Protection Act 1968. The Beach Protection Authority generally did not approve development
seaward of a coastal building line. However, the Authority did consider reassessment of the erosion
prone area based on assessment undertaken by applicants.

In this instance the review of the erosion prone area presented in this report demonstrates that the
short-term erosion component of the erosion prone area is located outside of the property. The
Coastal Building Line had been set by the Beach Protection Authority to allow for the erosion and
accretion of the beach due to storm events. In this instance it is likely that a case could have been
present to the former Beach Protection Authority to demonstrate that the Coastal Building Line was
not consistent with the requirements for setting a Coastal Building Line and as such may have been
relaxed by the Authority.


3.2.    Queensland Coastal Planning Policy
The Beach Protection Act 1968 was repealed in 2003 and replaced with amendments to the Coastal
Protection and Management Act 1995. With the development approvals transition into the Planning
Act 2016 (and its predecessors).

3.2.1. Coastal Protection and Management Act 1995
The Coastal Protection and Management Act 1995 provides for the declaration of erosion prone
areas, coastal management districts and coastal building lines which are used as triggers for
development approvals under the Planning Act 2016. These layers are discussed in Section 3.3.


3.2.2. Planning Act 2016
The Planning Act 2016 details the planning and development approval framework for Queensland.
In relation to this application the proposed swimming pool is trigger for building works seaward of a
coastal building line, similar to the apploval requirement under the repealed Beach Protection Act
1968.

The Planning Act 2016 includes provision for the State Development Assessment Provisions (SDAP)
to form the assessment criteria for development assessed by the Queensland Government.
Performance Outcome PO6 of SDAP State Code 8 states, “In areas where a coastal building line is
present, building work is located landward of the coastal building line unless coastal protection work

                                                                                                      9

                                                                                       127738:14917433_1
                                                019
                                                                                                           28