Council archive · source document
Planning & Environment Court Appeal No. D92 Of 2025 – Application For A Material Change Of Use For A Dwelling House 58 Seaview Terrace, Sunshine Beach · Attachment 1 - Development Assessment Manager'S Report
ATTACHMENT 1 - DEVELOPMENT ASSESSMENT MANAGER’S REPORT REPORT On 31 July 2025 Council officers under delegation refused a development application for Material Change of Use for Dwelling House at 58 Seaview Terrace, Sunshine Beach for the following reasons: 1. The proposal does not comply with Performance Outcome PO1 of the Coastal Protection and Scenic Amenity Overlay Code as the proposed development does not allow for natural fluctuations of the coast and foreshores to occur, including allowance of 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 9 metres seaward of the coastal building line. 3. The proposal does not comply with Performance Outcome PO2 of State Code 8. 4. It has not been demonstrated that the proposal complies with Performance Outcome PO5 of State Code 8. 5. It has not been demonstrated that the proposal complies with Performance Outcome PO6 of State Code 8. As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal to the Planning & Environment Court. The applicant seeks that the development be approved subject to reasonable and relevant conditions. The application sought approval to develop a Low Density Residential zoned site to establish a Dwelling House. The site is also located within the Coastal Protection and Scenic Amenity Overlay, is mapped by the state as being an Erosion Prone Area and includes the Coastal Building Line. The proposal involves the removal of the existing Dwelling house and the construction of a large dwelling which is in part three-storeys and includes non-compliance with planning scheme requirements regarding setbacks and gross floor area. Prior to the application being submitted to Council, the applicant obtained a SARA referral agency response (dated 10 September 2024) regarding the Coastal Hazards Assessment for Building Works within the mapped Coastal Building Line. Furthermore, a geotechnical assessment prepared by Tectonic Geotechnical Engineers and a Coastal Hazards Assessment prepared by Royal Haskoning DHV were submitted in support of the application.
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 2 pages
Page 2
Figure 1 – Locality Plan
Figure 2 – Site Plan
Geo-technical matters relating to the site’s location within the mapped erosion prone area
could not be fully assessed because of the applicant not agreeing to further review by
Council’s consulting geotechnical expert.
Notwithstanding, it was evident from their initial review that the supporting geotechnical
material provided by the applicant did not sufficiently demonstrate the extent of the erosion
prone area and the required construction methodologies to address this risk.
The matter is in order for Council to defend the appeal and the recommendation is worded
accordingly.
Previous Council Consideration
Not Applicable
Page 3
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will
be costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Thynne McCartney – Tim Quirk
Internal Consultation
Departments/Sections Consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Asset Management
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste
Used in these records
PLANNING & ENVIRONMENT COURT APPEAL NO. D92 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 58 SEAVIEW TERRACE, SUNSHINE BEACH · ATTACHMENT 1 - DEVELOPMENT ASSESSMENT MANAGER'S REPORTAttachmentsMeeting 900 · read item & discussion ↗
PLANNING & ENVIRONMENT COURT APPEAL NO. D92 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 58 SEAVIEW TERRACE, SUNSHINE BEACH (Item 7.4 Referred from Planning & Environment Committee Meeting dated 11 November 2025) · ATTACHMENT 1 - DEVELOPMENT ASSESSMENT MANAGER'S REPORTAttachmentsMeeting 915 · read item & discussion ↗
About this file
- File size
- 302 KB (small file)
- File type
No other editions are linked here.