2019-12-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                             16 DECEMBER 2019


Council’s Barrister advises that the above extract from the coastal engineering joint report
indicates that:
(a)   should the applicant irrevocably confirm a willingness to carry out the development in
      accordance with the findings in the joint report; and
(b)   should conditions reflecting the Core Engineering designs be accepted as non-severable
      from any approval;
The Council will not reasonably be able to successfully contend for refusal of the proposed
development.
On this basis, and given the applicant’s confirmed willingness to carry out the development in
accordance with the extensive geotechnical works proposed by coastal engineering experts, it is
recommended that Council seek to settle the matter subject to appropriate conditions, which
include the requirement for the structures to be built strictly in accordance with the requirements
of the joint report. This is in contrast to the usual development requirement that works be carried
out generally in accordance with the conditions of approval.
Previous Council Consideration
Ordinary Meeting Minutes, 20 December 2018, Item 1, Page 12
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 December 2018 regarding Application No. 51987.2951.01 to make
a minor change to an existing approval for additions to a detached house to include a swimming
pool, deck and other structures seaward of the coastal building line situated at 42 Seaview Tce,
Sunshine Beach and:
A.    Refuse the change for the following reasons:
      1.   The proposal is in conflict with the assessment benchmarks of the State Planning
           Policy as it proposes development in an Erosion Prone Area and Natural Hazard
           Area.
      2.   Development seaward of the Coastal Building Line is contrary to the building
           setbacks contained in the Planning Scheme and the setback provided under State
           Code 8; Coastal Development and Tidal Works of the State development assessment
           provisions.
      3.   Recent modelling carried out by the Council indicates significant erosion is likely to
           occur in the future which may threaten life and property should the proposed
           development proceed.
      4.   The proposal does not comply with the Planning Scheme in force at the time of the
           original approval, given the extent of excavation and vegetation removal in a sand
           dune area.
      5.   The proposal does not comply with the Natural Resources Overlay Code for Coastal
           Protection as it has the potential to adversely impact on natural coastal processes.
      6.   Given the site is affected by the Coastal Building Line and is located in a highly
           vulnerable erosion prone area, the proposed 6m setback is not sufficient to minimise
           the risk of erosion.
      7.   The proposal does not comply with the Biodiversity Overlay Code as vegetation is
           proposed to be removed within the Environmental Protection Overlay placing the
           integrity and resilience of the foreshore at risk.
      8.   The proposal is contrary to the Overall Outcomes for the Eastern Beaches Locality as
           it does not protect the dunal area and natural environment nor maintain the safety of
           people and works.
B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


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