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

Coastal Building Lines are declared under section 66 of the Coastal Protection and Management Act
1995. The Coastal Building Line at 42 Seaview Terrace is located 15 metres measured from the
seaward property boundary. It is used as a development trigger under the Planning Act 2016 for
assessment of building works within a Coastal Management District against the provisions of the
State Development Assessment Provisions (SDAP).

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
has been constructed to protect the development”. This is the only performance outcome that
relates to Coastal Building Lines.

A review of neighbouring properties along Seaview Terrace indicates that there has been significant
development seaward of the coastal building line. This previous development has significant
implications on the design of coastal protection works along this section of coast. Coastal protection
works, such as seawalls, perform best when constructed along a consistent straight alignment and as
such previous development on the neighbouring properties will determine the location of future
works when required.

Figure 6-2 shows the proposed development in relation to the existing coastal building line and the
relaxation proposed by Reel Planning based on development on neighbouring properties. Based on
the information available relating to erosion vulnerability and development precedents on
neighbouring properties the proposed relaxation is considered a reasonable coastal management
option for this section of coast.




                                                                                   Coastal Building
                                                                                   Line Relaxation




Figure 6-2 Review of proposed development and previous relaxation of the coastal building line
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