Planning & Environment Court Appeal No. 2697 Of 2025 – Application For A Material Change Of Use For A Dwelling House 4 Arakoon Crescent, Sunshine Beach · Attachment 3 - Officer'S Original Report

               •      reference to the SARA approved plans;
               •      provisions for the works to only use clean materials free from water contaminants
               •      erosion and sediment control measures;
               •      the requirement to submit “As Constructed Drawings” within 20 business days of the works
                      being completed; and
               •      acid sulphate soils provisions, including the requirement for certification confirming affect
                      soil has been neutralised and contained.
               5.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •     Development Engineer, Development Assessment
               The application was referred to Council’s Development Engineers for assessment. As part of their
               review, concerns were raised regarding the proposed construction of private retaining walls within
               the road reserve. Further information was requested to clarify the potential impacts of these works
               on existing vegetation located within the road verge.
               5.3. Other Referrals
               The application was referred to BMT for an independent peer review of the Coastal Hazard
               Assessment report submitted by Royal HaskoningDHV (RHDHV).
               •    BMT provided a fee proposal to undertake the peer review on behalf of Council.
               •    This fee proposal was forwarded to the applicant for authorisation; however, during the
                    period in which the application was subject to a current period suspension (Decision
                    Period), the applicant did not return a signed copy of the fee proposal.
               •    As a result, the peer review was not commissioned, and no formal assessment of the
                    Coastal Hazard Assessment was undertaken by BMT. The only input provided by BMT was
                    an informal summary of discussions between BMT’s Coastal Engineer and the Coastal
                    Engineer from Moffat & Nichol (M&N).
               •    This informal summary of discussions that included preliminary advice was conveyed via
                    email. This correspondence, dated 18/08/2025 (uploaded to ECM and marked up), was
                    copied to Council’s Development Planner and highlighted an inconsistency with the
                    selected position of the toe of the frontal dune in the RHDHV Coastal Hazard Assessment
                    report compared to an aerial image captured around the same date.
               •    It was highlighted by BMT in this email that this inconsistency has a notable impact on the
                    extent of mapping of the erosion prone area across the site.
               CONCLUSION & REASONS FOR DECISION
               The proposed development was 3 storeys by definition in parts of the built form and does not meet
               PO7 of the Low Density Residential Zone Code.
               The proposed development exceeds the allowable site cover did not meet PO8 of the Low Density
               Residential Zone Code.
               The proposal included significant non-compliances with the Performance Outcomes PO1 and PO3
               of the Coastal Protection and Scenic Amenity Overlay Code.
               The proposal also did not comply or demonstrate compliance with the Performances Outcomes
               PO2, PO5 and PO6 of State Code 8 - Coastal development and tidal works.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.




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Document Set ID: 24048873
Version: 6, Version Date: 27/08/2025