Appendix A_Code Compliance Tables

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