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Appendix A_Code Compliance Tables
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APPENDIX A – CODE COMPLIANCE TABLES [OCR of page images] == AUTO URBANCONSULTANTS APPENDIX A— CODE COMPLIANCE TABLES
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Page 2
EASTERN BEACHES LOCALITY CODE
Note: Only the relevant Specific Outcomes and Probable Solutions of this code have been addressed below.
SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMMENT
Effects of use
No solution provided Complies –The proposal is for a two lot residential
subdivision which will ultimately accommodate a single
dwelling on each lot.
No solution provided Complies – The proposal seeks to retain existing vegetation
along David Low Way, and include this vegetation within a
covenant to ensure its long term protection. The existing
driveway access will be retained and upgraded as necessary
to ensure no adverse impacts on the traffic carrying capacity
of David Low Way.
Built form
No solution provided Complies – The proposed subdivision will accommodate a
maximum of one dwelling per lot.
Page 3
Complies – Future dwellings will be subject to the requirements of the Detached House Code which limit the height of dwellings to 8m Complies – The proposed building envelopes are fully compliant with the required setback in Schedule 1.
Page 4
No solution provided Complies – The proposed building envelopes will facilitate a
standard detached dwelling to be accommodated on each
lot. Dwellings will be effectively screened from David Low
Way by existing vegetation which is to be retained and
protected under a covenant on the title.
Site cover of the proposed building envelopes is significantly
less than the allowable maximum.
Page 5
N/A – The site is not subject to flooding. Complies – The proposed building envelopes will accommodate soakwell pits to ensure non worsening of stormwater runoff as demonstrated on the enclosed Drainage Layout Plan at Appendix C. Complies – Carparking will likely be contained within an enclosed garage. N/A – The proposal is for subdivision only. Future dwellings will be required to comply with the relevant provisions of the Detached House Code.
Page 6
Complies – The proposed building envelopes are located in
the general vicinity of the existing dwellings such that any
future dwellings will not result in significant cut and fill nor
visually dominate the skyline. The proposed building
envelopes will be well screened from David Low Way by
existing vegetation which is to be retained and protected
under a covenant on the title.
Environment, conservation and recreation
No solution provided
Complies – The proposed subdivision will not have any
significant adverse effects on the environmental values of the
site. The site already contains two dwellings, and the
proposed building envelopes are sited generally as per the
existing dwellings such that minimal site disturbance will
occur.
Existing vegetation along the David Low Way frontage is to
be retained and protected under a covenant on the title to
ensure long term viability as well as to retain the scenic
landscape amenity along this road.
The existing and future dwellings will use on site effluent
disposal to be operated in accordance with Council’s
plumbing and drainage standards.
Page 7
Complies – The proposal will not have any adverse impacts
on existing open space corridors and native vegetation. The
majority of vegetation on the site will be protected under a
covenant on the title.
N/A – The proposal will not have any impacts on existing
pedestrian and cycle infrastructure, nor does it trigger the
need for creation of new pedestrian/cycle pathways in the
locality.
No solution provided N/A – The proposal will not have any impacts on the existing
beach access points nor introduce any new beach access
points.
Page 8
RECONFIGURING A LOT CODE
Note: Only the relevant Specific Outcomes and Probable Solutions of this code have been addressed below.
SPECIFIC OUTCOMES PROBABLE SOLUTIONS COMMENT
Lot Size and Dimensions
Complies – The proposed lot sizes significantly
2
exceed the required minimum of 600m . Each
lot will be serviced with on-site effluent disposal.
Page 9
Lot Layout
Complies – The proposed lot layout is reflective
of the location of the existing dwellings and
provides a logical and efficient solution to allow
the dwellings to exist on separate tenure, with
shared driveway access.
Alternative Solution – The proposed building
envelopes are located within 50m of the
adjoining Castaways Beach foreshore reserve,
however there are already existing dwellings in
the locations of the proposed building envelopes
such that any impacts of new dwelling
construction will be minimal from both an
environmental and visual amenity perspective.
Complies – The proposal incorporates two lots
2 2
with areas of 3,940m and 5,737 m .
Page 10
Water supply for fire fighting
Complies – The proposal does not result in any
intensification of development but merely seeks
to create two separate titles for the existing
dwellings. As such, the existing access to water
supply for fire fighting purposes is considered
adequate.
Energy Efficiency
Complies – Each lot is capable of accommodating
a dwelling with living areas oriented to within 20
degrees either side of north
Complies – The proposed subdivision and
building envelopes will enable future dwellings
to be designed to optimise solar access and
access to prevailing breezes to create a
climatically responsive dwelling.
Page 11
Infrastructure
Complies – Each proposed lot has access to an
power supply and telecommunications services.
N/A – refer to above response
N/A – Additional street lighting is not required
along this section of David Low Way.
Complies – The existing dwellings are currently
serviced with an on-site effluent disposal system.
N/A – The site is not subject to flooding or
inundation.
Page 12
Complies – The proposed building envelopes are
located clear of existing power infrastructure and
the site is not located in proximity to an existing
substation.
Earthworks and stormwater management
No solution provided Complies – Stormwater runoff will be managed
using soakwell pits to cater for a developable
2
area of 1,470m (refer enclosed Drainage Layout
Plan at Appendix C).
No solution provided Complies – The proposed subdivision does not
involve any filling or excavation within mapped
overlay constraints. Minor earthworks may be
necessary to accommodate the proposed
driveway access in order to improve it to comply
with Council’s standard driveway requirements.
Landscaping and visual amenity
Complies – There are no site works proposed
other than as required to upgrade the existing
driveway and locate new service connections.
Page 13
Complies – The existing vegetation will be
retained along the David Low Way frontage and
along the eastern boundary adjoining the
foreshore reserve to ensure ongoing protection
of environmental values and visual amenity of
the site and the locality.
Road and rail corridors
Complies – The proposed building envelopes are
located to generally align with the existing
dwellings. Therefore, the extent of road traffic
noise for new dwellings will be no greater than
for the existing dwellings. Building setbacks (min
20m from David Low Way) will assist in
mitigating noise impacts. Furthermore, it is
expected that the design of future dwellings on
the site will incorporate acoustic treatment
measures as required.
Page 14
Access easements
Complies – The proposed access easement is
over 18m wide and will be designed and
constructed in accordance with Council’s
standards.
Traffic
N/A – The proposal is for two residential lots
only, with no additional traffic expected to be
generated over and above the existing situation.
Page 15
Response column key:
Achieved
10.1 Tidal works, or development in the coastal management district state code P/S Performance solution
N/A Not applicable
Table 10.1.1: All development
Performance outcomes Acceptable outcomes Response Comment
PO1 Development in a coastal hazard AO1.1 Development is located outside a high coastal N/A The site is not located within the high coastal hazard area.
area is compatible with the level of hazard area unless it is:
severity of the coastal hazard. (1) coastal-dependent development, or
(2) compatible with inundation due to its nature or
function, or
(3) temporary, readily relocatable, or able to be
abandoned, or
(4) essential community service infrastructure, or
(5) small- to medium-scale tourist development, or
(6) redevelopment within an existing built-up urban area,
or is redevelopment of built structures that cannot be
relocated or abandoned.
AND
AO1.2 Development referred to in AO1.1(6) avoids being N/A
located within a high coastal hazard area, or where this is
not practicable, minimises the exposure of people and
permanent structures to coastal hazard impacts.
PO2 Development siting, layout and AO2.1 Development within a coastal hazard area is The proposal is for subdivision of the existing dwellings only
access in a coastal hazard area located, designed, constructed and operated to maintain and does not seek to increase the number of people on the
responds to potential inundation due to a or enhance the community’s resilience to defined storm site.
defined storm tide event and minimises tide events by limiting the exposure of people and
associated risks to personal safety and structures to associated impacts.
property. AND
AO2.2 Development mitigates any residual impacts from The existing dwellings and building envelopes for future
storm tide inundation in a coastal hazard area including by dwellings are located on the elevated parts of the site ie. 17-
ensuring: 20m AHD. This is well above the defined storm tide event.
(1) habitable rooms of built structures are located above
the defined storm tide event level and any additional
freeboard level that would ordinarily apply in a flood
prone area under a relevant planning scheme
standard, or
(2) a safe refuge is available for people within the
premises during a defined storm tide event, or
(3) at least one evacuation route remains passable for
emergency evacuations during a defined storm tide
Page 16
Performance outcomes Acceptable outcomes Response Comment
event, including consideration of the capacity of the
route to support the evacuation of the entire local
population within a reasonably short timeframe (for
example, 12 hours).
AND
AO2.3 Development within a coastal hazard area is N/A Refer to above response.
located, designed and constructed to ensure exposed
structures can sustain flooding from a defined storm tide
event.
AND
AO2.4 Essential community service infrastructure is: N/A There is no community service infrastructure proposed as
(1) located so that it is not inundated by a recommended part of this development.
storm tide event specified for that infrastructure, or
(2) located and designed to ensure any components of
the infrastructure that are likely to fail to function or
may result in contamination when inundated by a
storm tide (for example, electrical switch gear and
motors, water supply pipeline air valves) are:
(a) located above the peak water level for a
recommended storm tide event, or
(b) designed and constructed to exclude storm tide
intrusions or infiltration (including by being
located in the ground), or
(c) able to temporarily stop functioning during a
recommended storm tide event without causing
significant adverse impacts to the infrastructure
or the community.
AND
AO2.5 Emergency services infrastructure and emergency N/A There is no emergency services infrastructure proposed as
shelters, police facilities, and hospitals and associated part of this development.
facilities have an emergency rescue area above the peak
water level for a recommended storm tide event.
PO3 Development directly, indirectly and AO3.1 Development avoids increasing the number of The proposal is for subdivision of the existing dwellings only
cumulatively avoids an unacceptable premises from which people would need to be evacuated and does not seek to increase the number of people on the
increase in the severity of the coastal to prevent death or injury from a defined storm tide event. site.
hazard, and does not significantly
increase the potential for damage on the
premises or to other premises.
Page 17
Performance outcomes Acceptable outcomes Response Comment
PO4 Development avoids the release of AO4.1 Development that involves the manufacture or N/A The proposal is for residential subdivision only.
hazardous materials as a result of a storage of hazardous materials in bulk are designed to:
natural hazard event. (1) prevent the intrusion of waters from a defined storm
Editor’s note: Applications should: tide event into structures or facilities containing the
hazardous materials, or
(1) assess the risk of storm tide inundation
(2) ensure hazardous materials remain secured despite
releasing or otherwise exposing
hazardous materials, including inundation, including secure from the effects of
appropriate emergency planning and hydrodynamic forcing associated with wave action or
contingency measures. flowing water.
(2) applications are to be supported by a
report certified by a Registered
Professional Engineer of Queensland
(RPEQ) that demonstrates this
performance outcome will be achieved.
PO5 Natural processes and the AO5.1 Development in an erosion prone area within the The proposal seeks to retain existing vegetation outside of
protective function of landforms and coastal management district: the proposed building envelopes.
vegetation are maintained in coastal (1) maintains vegetation on coastal landforms where its The proposed envelopes have been located to generally
hazard areas. removal or damage may: align with the existing dwellings such that any vegetation
(a) destablise the area and increase the potential removal will be minor in nature and will not result in any
for erosion, or destabilising of natural landforms or any impacts on
(b) interrupt natural sediment trapping processes or shoreline erosion.
dune or land building processes
(2) maintains sediment volumes of dunes and near-shore
coastal landforms, or where a reduction in sediment
volumes cannot be avoided, increased risks to
development from coastal erosion are mitigated by
location, design, construction and operating
standards
(3) minimises the need for erosion control structures or
riverbank hardening through location, design and
construction standards
(4) maintains physical coastal processes outside the
development footprint for the development, including
longshore transport of sediment along the coast
(5) reduces the risk of shoreline erosion for areas
adjacent to the development footprint unless the
development is an erosion control structure
(6) reduces the risk of shoreline erosion for areas
adjacent to the development footprint to the
maximum extent feasible in the case of erosion
control structures.
AND
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Performance outcomes Acceptable outcomes Response Comment
AO5.2 Development in a storm tide inundation area is N/A The site is not located within a storm tide inundation area.
located, designed, constructed and operated to:
(1) maintain dune crest heights, or where a reduction in
crest heights cannot be avoided, mitigate risks to
development from wave overtopping and storm tide
inundation
(2) maintain or enhance coastal ecosystems and natural
features, such as mangroves and coastal wetlands,
between the development and tidal waters, where the
coastal ecosystems and natural features protect or
buffer communities and infrastructure from sea-level
rise and impacts from storm tide inundation.
AND
AO5.3 Redevelopment of built structures in the erosion The proposal will not result in an intensification of the
prone area within a coastal management district: existing use as it merely seeks to separately title the two
(1) avoids intensifying the use of the premises, or existing dwellings on the site. Any future dwellings will be
(2) demonstrates that any intensification of use will not required to comply with the proposed building envelopes.
result in an increase in the need for erosion control
structures or riverbank hardening.
AND
AO5.4 Development that is coastal protection work N/A The proposal does not involve coastal protection work.
involves:
(1) beach nourishment undertaken in accordance with a
program of beach nourishment works that source
sediment of a suitable quality and type from outside
the active beach system, or
(2) the construction of an erosion control structure,
where it is demonstrated that installing an erosion
control structure is the only feasible option for
protecting permanent structures from coastal erosion
and those structures cannot be abandoned or
relocated in the event of coastal erosion occurring.
Editor’s note: Applications for coastal protection work should be
supported by a report certified by a Registered Professional
Engineer of Queensland (RPEQ) that demonstrates how the
engineering solution sought by the work will be achieved.
Editor’s note: Applications for erosion control structures should
demonstrate the consideration of beach nourishment techniques,
and include a statement of why nourishment (in whole or part)
has not been adopted as the preferred means of controlling the
Page 19
Performance outcomes Acceptable outcomes Response Comment
erosion risk.
AND
AO5.5 Development involving reclamation: N/A The proposal does not involve reclamation.
(1) does not alter, or otherwise minimises impacts on,
the physical characteristics of a waterway or the
seabed near the reclamation, including flow regimes,
hydrodynamic forces, tidal water and riverbank
stability
(2) is located outside the active sediment transport area,
or otherwise maintains sediment transport processes
as close as possible to their natural state
(3) ensures activities associated with the operation of the
development maintain the structure and condition of
vegetation communities and avoid wind and water
run-off erosion.
Editor’s note: Applications for reclamation should be supported
by a report certified by an RPEQ that demonstrates how the
engineering solutions sought by the work will be achieved
PO6 Erosion prone areas in a coastal AO6.1 Development locates built structures outside the P/S The proposal seeks to locate building envelopes within the
management district are maintained as part of the coastal management district that is the erosion erosion prone area. However these envelopes are located to
development free buffers, or where prone area unless the development is listed under AO1.1 align with the existing dwellings on the site such that there
permanent buildings or structures exist, (1) – (5). will be minimal to no impacts on the erosion prone area, with
coastal erosion risks are avoided or AND the remainder of the site to remain untouched.
mitigated.
AO6.2 Development is located outside the erosion prone P/S Refer to above response.
area unless it is redevelopment.
AND
AO6.3 Coastal-dependent development: N/A The proposal is not for coastal dependent development.
(1) locates, designs and constructs relevant buildings or
structures to withstand coastal erosion impacts,
including by use of appropriate foundations, or
(2) installs and maintains coastal protection works to
mitigate adverse impacts to people and permanent
structures from coastal erosion at the location.
AND
AO6.4 Development that is temporary, readily relocatable N/A The proposal is not for a temporary or relocatable use.
or able to be abandoned, or essential community service
Page 20
Performance outcomes Acceptable outcomes Response Comment
infrastructure:
(1) locates built structures landward of an applicable
coastal building line, or
(2) where there is no coastal building line, locates
habitable built structures landward of the alignment of
adjacent habitable buildings, or
(3) locates lifesaver towers or beach access
infrastructure to minimise its impacts on physical
coastal processes, or
(4) where it is demonstrated that (1) or (2) is not
reasonable and (3) does not apply:
(a) locates built structures as far landward as
practicable
(b) uses layout design to minimise the footprint of
the development that remains within the erosion
prone area.
AND
AO6.5 Redevelopment of existing built structures not N/A The proposal does not involve redevelopment of existing
referred to in AO6.4, and excluding marine development: built structures.
(1) relocates built structures outside that part of the
erosion prone area that is within the coastal
management district, or
(2) relocates built structures as far landward as
practicable, and landward of an applicable coastal
building line, or
(3) where there is no coastal building line:
(a) relocates built structures landward of the
alignment of adjacent habitable buildings, or
(b) uses layout design to minimise the footprint of
the development that remains within the erosion
prone area, or
(c) provides sufficient space seaward of the
development within the premises to allow for the
construction of erosion control structures.
AND
AO6.6 Redevelopment of built structures in the erosion N/A Refer to above response.
prone area within a coastal management district, which
results in an intensification of use, mitigates the erosion
threat to the development, having regard to:
(1) design and construction standards
Page 21
Performance outcomes Acceptable outcomes Response Comment
(2) installing and maintaining on-site erosion control
structures within the premises if the development is
not intended to be temporary.
PO7 Development avoids or minimises AO7.1 Coastal protection work that is in the form of beach N/A The proposal does not involve coastal protection work.
adverse impacts on coastal resources nourishment uses methods of placement suitable for the
and their values, to the maximum extent location that do not interfere with the long-term use of the
reasonable. locality of, or natural values within or neighbouring, the
proposed placement site.
AND
AO7.2 Marine development is located and designed to N/A The proposal is not for marine development.
expand on or redevelop existing marine infrastructure
unless it is demonstrated that it is not practicable to
co-locate the development with existing marine
infrastructure.
AND
AO7.3 Marine development: N/A Refer to above response.
(1) relies on a natural channel of a depth adequate for
the intended vessels, or
(2) where there are no feasible alternative locations for
the facility in the local area that do not require
dredging for navigation channel purposes:
(a) involves capital dredging for new navigation
channel purposes
(b) is located, designed and operated to minimise
the need for capital and subsequent
maintenance dredging for navigation channel
purposes.
AND
AO7.4 Development minimises dredging or the disposal N/A The proposal does not involve any dredging or disposal of
of material in coastal waters during key biological events material in coastal waters.
(such as fish aggregations or spawning) for species found
in the area.
AND
AO7.5 Measures are to be incorporated as part of siting The proposed building envelopes are sited to align with the
and design of the development to protect and retain existing residential dwellings, so as to minimise any impacts
identified ecological values and underlying ecosystem on the existing ecological values and coastal processes of
processes within or adjacent to the development site to the site.
the greatest extent practicable. This includes:
Page 22
Performance outcomes Acceptable outcomes Response Comment
(1) maintaining or restoring vegetated buffers between
development and coastal waters to the extent
practicable, unless the development is within ports or
airports, or is marine development
(2) maintaining or enhancing the connectivity of
ecosystems in consideration of the cumulative effect
of the development in addition to existing developed
areas
(3) retaining coastal wetlands, seagrass beds and other
locally important feeding, nesting or breeding sites for
native wildlife.
AND
AO7.6 Measures are incorporated as part of siting and Appropriate measures will be incorporated to ensure
design of the development to maintain or enhance water stormwater runoff does not adversely impact the quality of
quality to achieve the environmental values and water the receiving waters.
quality objectives outlined in the Environmental Protection
(Water) Policy 2009.
AND
AO7.7 Development avoids the disturbance of acid The proposal will not result in the disturbance of acid sulfate
sulphate soils, or where it is demonstrated that this is not soils.
possible, the disturbance of acid sulphate soils is carefully
managed to minimise and mitigate the adverse effects of
the disturbance on coastal resources.
PO8 Coastal protection work is AO8.1 Coastal protection work is only undertaken to N/A The proposal does not involve any coastal protection work.
undertaken only as a last resort where protect existing permanent structures from imminent
erosion presents an imminent threat to adverse coastal erosion impacts, and the structures
public safety or permanent structures. cannot reasonably be relocated or abandoned.
Editor’s note: Applications for coastal AND
protection work must be supported by a report
certified by an RPEQ that demonstrates how AO8.2 Coastal protection work to protect private N/A Refer to above response.
the engineering solution sought by the work structures is undertaken on private land to the maximum
will be achieved.
extent reasonable.
AND
AO8.3 Coastal protection work does not increase the N/A Refer to above response.
coastal hazard risk for adjacent areas or properties.
Page 23
Performance outcomes Acceptable outcomes Response Comment
PO9 Development avoids adverse AO9.1 Development: The proposed building envelopes are sited to align with the
impacts on matters of state (1) is set back from matters of state environmental existing residential dwellings so as to avoid interfering or
environmental significance, or where this significance otherwise adversely impacting on coastal and biological
is not reasonably possible, impacts are (2) avoids interrupting, interfering or otherwise adversely processes.
minimised and an environmental offset is impacting underlying natural ecosystem components
provided for any significant residual or processes and interactions that affect or maintain
impacts to matters of state environmental the matters of state environmental significance, such
significance that are prescribed as water quality, hydrology, geomorphology and
environmental matters. biological processes, or
(3) incorporates measures as part of its location and
design to protect and retain matters of state
environmental significance and underlying ecosystem
processes within and adjacent to the development
site to the greatest extent practicable.
Editor’s note: Applications for development should identify any
threatened species or their habitats, or threatened ecosystems
that may be affected by the proposal. In particular, applications
should identify and describe how the development avoids
adverse impacts on any critical life stage ecological processes
within or adjacent to the development area.
AND
AO9.2 An environmental offset is provided for any N/A The proposal is extremely minor in nature and is not
significant residual impact on matters of state anticipated to have any residual impacts on matters of state
environmental significance that are prescribed environmental significance.
environmental matters caused by the development.
Editor’s note: Applications for development should identify
anticipated losses, and outline what actions are proposed to be
undertaken to offset the loss in accordance with the Significant
Residual Impact Guideline and the relevant Queensland
Environmental Offsets Policy.
PO10 Development maintains or AO10.1 Development adjacent to state coastal land or The proposal does not allow for public access through the
enhances general public access to or tidal water: site.
along the foreshore, unless this is (1) demonstrates that restrictions to public access are
contrary to the protection of coastal necessary for:
resources or public safety. (a) the safe or secure operation of development, or
(b) the maintenance of coastal landforms and
coastal habitat
(2) separates residential, tourist and retail development
from tidal water with public areas or public access
facilities, or
(3) maintains existing public access (including public
Page 24
Performance outcomes Acceptable outcomes Response Comment
access infrastructure that is in the public interest)
through the site to the foreshore for:
(a) pedestrians, via access points including
approved walking tracks, boardwalks and
viewing platforms, or
(b) vehicles, via access points including approved
roads or tracks.
AND
AO10.2 Development adjacent to state coastal land, N/A Refer to above response.
including land under tidal water:
(1) is located and designed to:
(a) allow safe and unimpeded access to, over,
under or around built structures located on, over
or along the foreshore
(b) ensure emergency vehicles can access the
area near the development, or
(2) minimises and offsets any loss of access to and
along the foreshore within two kilometres of the
existing access points, and the access is located and
designed to be consistent with (1)(a) and (b).
AND
AO10.3 Any parts of private development that extend over N/A The proposal does not involve any private development over
tidal water are to be designed, constructed and used for tidal waters.
marine access purposes only.
PO11 Private marine development AO11.1 Private marine development and other structures N/A The proposal does not involve any private marine
avoids structures attaching to, or such as decks or boardwalks for private use do not attach development.
extending across, non-tidal state coastal to, or extend across state coastal land that is situated
land abutting tidal waters. above the high water mark.
Editor’s note: For occupation permits or allocations of State land,
refer to the Land Act 1994.
PO12 Further development of artificial AO12.1 The design, construction and operation of artificial N/A The proposal does not involve any artificial waterways.
waterways avoids or minimises adverse tidal waterways maintains the tidal prism volume of the
impacts on coastal resources and their natural waterway to which it is connected.
values, and does not contribute to: AND
(1) an increase in the risk of flooding or
erosion AO12.2 The design, construction and operation of artificial N/A Refer to above response
(2) degradation of water quality tidal waterways does not increase risk from flooding.
(3) degradation and loss of matters of AND
Page 25
Performance outcomes Acceptable outcomes Response Comment
state environmental significance AO12.3 The design, construction and operation of an N/A Refer to above response
(including, but not limited to, coastal artificial waterway in connection with the reconfiguration of
wetlands, fish habitat areas and a lot ensures:
migratory species habitat). (1) water inlet and outlets structures are of sufficient
capacity to maintain the water quality within the
waterway
(2) water discharged from the artificial waterway protects
the environmental values and water quality objectives
of the receiving waters
(3) dredged material is not disposed of to tidal water
beyond the artificial waterway unless there is a
beneficial reuse, e.g. beach nourishment.
Editor’s note: For more information on environmental values and
water quality objectives see Schedule 1 of the Environment
Protection (Water) Policy 2009.
AND
AO12.4 The location of the artificial waterways avoids N/A Refer to above response
matters of state environmental significance, or does not
result in any significant adverse impact on matters of state
environmental significance.
PO13 Development does not involve No acceptable outcome is prescribed. N/A The proposal does not involve any reclamation of land.
reclamation of land below tidal water,
other than for the purposes of:
(1) coastal-dependent development,
public marine development or
community infrastructure
(2) strategic ports, boat harbours or
strategic airports and aviation
facilities, in accordance with a
statutory land use plan, where there
is a demonstrated net benefit for the
state or region and no feasible
alternative exists
(3) coastal protection work or work
necessary to protect coastal
resources or physical coastal
processes.
Page 26
Table 10.1.3: Reconfiguring a lot
Performance outcomes Acceptable outcomes Response Comment
PO1 Erosion prone areas in a coastal AO1.1 Where reconfiguring a lot is proposed within the P/S The proposal is for titling of the two existing dwellings only,
management district are maintained as coastal management district, the erosion prone area and does not seek to increase density or introduce new
development free buffers, or where within the lot, or land within 40 metres of the foreshore uses on the site. Therefore, it is not considered reasonable
permanent buildings or structures exist, (whichever is greater), is surrendered to the State for or necessary to surrender any part of the site to the State as
coastal erosion risks are avoided or public use unless: this would not result in any material advantage or
mitigated. (1) the development is in a port or is for coastal- enhancement of coastal management outcomes.
dependent development, or
(2) the surrender of the land will not enhance coastal
management outcomes, for example, because there
is already substantial development seaward of the
lot.
Editor’s note: Land surrendered to the State for public use under
AO1.1 is to be:
(1) placed in a State land reserve for beach protection and
coastal management purposes under the Land Act 1994,
with local government as trustee, or
(2) managed for beach protection and coastal management
purposes under another management regime to the
satisfaction of the chief executive administering the
Sustainable Planning Act 2009 and Land Act 1994, if it is
demonstrated that AO1.1(1) cannot be reasonably
achieved.
(3) The Land Act 1994 also includes provisions for voluntary
land surrender for freehold land to the satisfaction of the
chief executive administering the Land Act.
PO2 Development maintains or enhances AO2.1 Reconfiguring a lot that abuts the foreshore or N/A The site does not abut the foreshore or tidal waters.
general public access to or along the tidal waters is designed to enhance public access if it
foreshore, unless this is contrary to the involves the creation of 10 or more lots or the opening of
protection of coastal resources or public a new road, unless it is for coastal-dependent
safety. development.
PO3 Development in connection with a AO3.1 The canal avoids intersecting with land or tidal N/A The site is not located on a canal.
canal enhances public access to coastal land where the passage, use or movement of vessels in
waters. water could be restricted by the registered proprietor of
the land.
AND
AO3.2 The area of the canal relating to the development N/A Refer to above response
is surrendered to the State as a public waterway.
AND
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Performance outcomes Acceptable outcomes Response Comment
AO3.3 The plans of subdivision for the canal are N/A Refer to above response.
consistent with Requirements for plans of subdivision of
an artificial waterway, Department of Environment and
Heritage Protection, 2013.