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

               RECOMMENDATION
               With regard to Application No MCU24/0131 for a Material Change of Use - Dwelling house situated
               at 4 Arakoon Crescent, Sunshine Beach Qld 4567 and described as Lot 784 on RP48111, it is
               recommended the application be refused in accordance with the following details for the Decision
               Notice:
               1.     APPLICATION DETAILS

                Application No:                MCU24/0131

                Street address:                4 Arakoon Crescent, Sunshine Beach Qld 4567

                Real property description:      Lot 784 on RP48111

                Planning Scheme:               Noosa Plan 2020 (25 September 2020)

               2.     DECISION DETAILS

               Council decided to refuse the application for the following reasons:
               1.     The proposal does not comply with Performance Outcome PO1 of the Coastal Protection
                      and Scenic Amenity Overlay Code, 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.
               2.     The proposal does not comply with Performance Outcome PO3 of the Coastal Protection
                      and Scenic Amenity Overlay Code, as the proposed development extends approximately 5
                      metres seaward of the coastal building line.
               3.     The proposal does not comply with Performance Outcome PO1 of State Code 8, as:
                           a. The development is not considered a redevelopment of an existing permanent
                              building.
                           b. A new dwelling could be built outside of the coastal building line.
               4.     The proposal does not comply with Performance Outcome PO2 of State Code 8, as it has
                      not been demonstrated that the development does not adversely impact coastal processes.
               5.     The proposal does not comply with Performance Outcome PO5 of State Code 8 as it has not
                      been demonstrated that the development does not directly or indirectly increase the severity
                      of coastal erosion.
               6.     It has not been demonstrated that the proposal complies with Performance Outcome PO6 of
                      State Code 8, as the development has not provided the details of what coastal protection
                      work is proposed to be constructed to protect the development.
               7.     The proposal does not comply with Performance Outcome PO7 of the Low Density
                      Residential Zone Code, as the proposed dwelling is 3 storeys that will dominate the
                      surrounding area.
               8.     The proposed development does did comply with PO8 of the Low Density Residential Zone
                      Code as it exceeds the allowable site cover and results in a development which:
                      a. Is not of a scale that is compatible with surrounding development and the particular
                         circumstances of the site.
                      b. Results in a site impact that does not maximise the opportunity                           to
                         retain site characteristics, such as native vegetation and natural landforms;
                      c. Limits allows the opportunity to provide soft landscaping between buildings;
                      d. Will present an appearance of bulk to adjacent properties, roads or other areas in the
                         vicinity of the site.

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