2019-12-11 SM Agenda - Item 1 - Attachment 1 DRAFT 20191202-Noosa Plan Consultation Report

23. Coastal Protection and Scenic Amenity Overlay
Table 23.1: Submissions of First Consultation
 Submitter   Submission and Grounds of Submission                                                                                 Planners’ Response                                                                                     Recommendation
 20868387    The CHAP has not yet been finalised but the coastal hazard mapping has been published on Council’s                   The coastal hazard mapping prepared as part of Phase 3 of the CHAP has been reviewed and               That:
             mapping website and referenced in the draft new planning scheme, and should not be until the CHAP is                 approved by the relevant State Department as complying with the technical requirements
             completed.                                                                                                           dictated by that department. Council is obliged to utilise technically-sound natural hazard            -         engagement material for CHAP continues to make available clear information on
                                                                                                                                  information where available, and to make this information available to the broader public where                  how the coastal hazards modelling results are derived; and
             The ‘C2’ figure used in the coastal erosion modelling for the Peregian Beach beach compartment is                    the power to do so resides with Council.                                                               -         the local coastal building line be removed from the Coastal Protection Overlay and
             erroneous and should be removed. Independent LiDAR and bathymetry data processing commissioned for                                                                                                                                    amendments be made to the overlay code to reflect the current scheme Coastal
             this submission (performed by JFP Urban Consultants) does not show the same beach profile result as used             The beach profile results generated by JFP appear to show very similar results as to those                       Protection Overlay
             by BMT to derive the C2 figure.                                                                                      generated by BMT, for all beach profiles in this submission with a single exception – the exact
                                                                                                                                  “bump” in the beach profile for ETA 582 that this submission is contesting. Furthermore, beach         Council at its Special Meeting of 12 September 2019 resolved to remove the local
             C values are determined for the entire beach compartment using the average of the C values for ETA 578,              profiles are generated by stitching together the datasets of upper beach profile (LiDAR) with the      coastal building line from the Coastal Protection Overlay and amend the overlay code
             which is at the southerly extent of Peregian Beach, and the next ETA to the north, ETA 582 has the “bump” in         nearshore bathymetry. Exactly how this is done can differ depending on who is doing it – thus          to reflect the current scheme Coastal Protection Overlay
             beach profile. This has led to a high C2 value for the entire beach compartment.                                     ten consultants doing the same exercise could produce ten different beach profiles. The review         This formed part of a package of significant changes to the draft scheme re-advertised
             The LiDAR survey from which the data is derived was performed within a limited timeframe and as such could           by the relevant State Department raised no objections to the beach profiles generated as part of       from 13 September. During the subsequent consultation period 6 submissions were
             contain beach profiles that result in projected erosion prone area extents that are further landward than they       the CHAP.                                                                                              received. Refer to Table 23.2
             would otherwise be had survey results that provide a different beach profile dataset.                                It is standard coastal engineering practice to use values from two adjacent beach profiles to          No further changes are recommended to the Coastal Protection overlay.
                                                                                                                                  create mean values and extrapolate these across the beach compartment to provide an
                                                                                                                                  indication of the profile of that entire compartment.
                                                                                                                                  At some point a LiDAR dataset must be used to perform the modelling. The argument that this
                                                                                                                                  particular dataset has led to distorted results and therefore a different survey should be
                                                                                                                                  performed so the dataset leads to less severe results is founded on a false assumption. For
                                                                                                                                  example, a more recently performed survey could result in more severe modelling outputs if the
                                                                                                                                  beach profile has been recently eroded. That is, the beach is a dynamic component within a
                                                                                                                                  dynamic system, so each LiDAR survey is virtually guaranteed to produce different results. This
                                                                                                                                  is why the project is required to use the most recent LiDAR dataset, and this is what was done.
 20865872    Draft plan is complicated and difficult to navigate.                                                                 In response to submissions received on this issue, the local coastal building line is proposed to      That:
                                                                                                                                  be removed from the draft scheme and the draft Coastal Protection Overlay Code amended to
 20867795    Development approvals required for a single house will be time consuming and expensive                               reflect the current Noosa Plan Coastal Protection Overlay.                                             -         the definition of minor building work be deleted.
                                                                                                                                                                                                                                         -         the planning scheme makes dwelling houses ‘accepted development’ in the
 20867003    All properties not affected by 2100 erosion line should be excluded from overlay                                     The coastal protection area includes areas that council wishes to consider visual amenity                        bushfire, flooding and landslide hazard overlay areas where they meet the
 20867456    Why are properties at Peregian Beach included in the overlay but property at Marcus Beach excluded even              impacts of DAs against the relevant code requirements. The purpose of the code will be                           Accepted Outcomes.
             though their relation to the 2100- Hazard line is very similar?                                                      expanded to address visual amenity. It also includes the state’s coastal management district to        -         the local coastal building line be removed from the Coastal Protection Overlay and
 20863951                                                                                                                         trigger state approval processes and the areas affected by the coastal hazard mapping to 2100.                   amendments be made to the overlay code to reflect the current scheme Coastal
             Why does the overlay only cover the eastern side of Plover Street where the houses are hidden behind the             Not all areas are included that are visible from the beach but certain ones are considered to be                 Protection Overlay
 20867918    beach reserve trees but the western side homes which are considerably higher and consequently visible from           visually sensitive for which council would wish to assess applications for buildings works and
 20864100    the beach are not included?                                                                                          material change of Use.                                                                                Council at its Special Meeting of 12 September 2019 resolved to remove the local
                                                                                                                                                                                                                                         coastal building line from the Coastal Protection Overlay and amend the overlay code
             Coastal building line in Peregian Park should be removed as it will prohibit lifesaving tower, skate bowl, BBQs      The coastal erosion mapping has been developed based on the state’s guidelines and best                to reflect the current scheme Coastal Protection Overlay
             and playground equipment from being replaced.                                                                        practice modelling methods. The methods for calculating the Short-term erosion distance are
                                                                                                                                  detailed in council’s Coastal Hazards report and have been signed off by the state government.         This formed part of a package of significant changes to the draft scheme re-advertised
             Plan is very complex, difficult to understand and requires many costly development assessments to build a                                                                                                                   from 13 September. During the subsequent consultation period 6 submissions were
             house in the Low Density Residential Zone.                                                                           Comments about legal liability are noted. The question of council’s legal responsibility for coastal   received. Refer to Table 23.2
             Coastal Protection area should be amended to exclude all properties which are not affected by the 2100               hazards and climate change has been largely untested and until more case law assists with this,
                                                                                                                                  council needs to exercise its duty of care for development applications that have the potential to     No further changes are recommended to the Coastal Protection overlay.
             hazard line. The visual amenity provisions in the code do not reflect the purpose of the code. These
             provisions should not apply to properties that are not visible from the beach. Visual amenity provisions should      place people and property at risk.
             be removed and included in the relevant zone code.                                                                   There will be further opportunities for the community to comment on the risk assessment
             Erosion prone mapping has been calculated based on very conservative assumptions. The distance for                   process through the Coastal Hazard Adaptation Plan project.
             Peregian/Marcus beaches should be reduced for each of the estimated years 2100, 2070 and 2040 by 28m                 The comment relating to the level of assessment for dwelling houses is incorrect – where a
             giving distances of 83m, 67m, 52m.                                                                                   dwelling house does not meet the acceptable outcomes in the Low Density Resident Zone
             Inconsistent treatment of similar properties in the erosion prone area including properties without a building       Code, the use becomes code assessable not impact assessable.
             line, vacant properties, properties subject to the state’s building line, and Peregian surf club. Coastal building   The definition of minor building works is a carryover from the current Noosa Plan and should be
             lines should be consistently applied. Owners should be able to build, rebuild or renovate irrespective of the        deleted as it is not used in the New Noosa Plan. Council would wish to see all applications for
             existence of a coastal building line, and should be required to implement measures to mitigate risk as               building works within the coastal protection overlay area given sensitive coastal hazard issues.
             determined by a suitably qualified engineer.
                                                                                                                                  There may be instances following a natural disaster where a new structure will need to be built
             The comments made about legal liability and climate change have been overstated – there is little likelihood         to current building standards to ensure it withstands future natural hazard events (eg. in
             of a successful claim being made.                                                                                    accordance with latest cyclone standards).
             The proposed “retreat” approach has come before the completion of the risk assessment and associated
             consultation with affected owners required under the State’s Coastal Hazard Adaptation Plan guidelines.




Consultation Report - Consideration of Submissions on the New Noosa Plan                                                                                                                                                                                                                                                       Page 144