2019-04-18 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                             18 APRIL 2019


GENERAL COMMITTEE RECOMMENDATIONS
15 APRIL 2019 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Frank
Pardon, Brian Stockwell and Tony Wellington

1    MCU19/0016 – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE,
     DETACHED HOUSE SEAWARD OF THE COASTAL BUILDING LINE, LOCATED AT 54
     SEAVIEW TERRACE, SUNSHINE BEACH
     Committee Recommendation
     Moved:           Cr Stockwell
     Seconded:        Cr Wellington
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 9 April 2019 regarding Application No. MCU19/0016 for a
     Development Application for Material Change of Use for a Detached House seaward of the
     coastal building line, situated at 54 Seaview Terrace, Sunshine Beach and:
     A.   Refuse Application No. MCU19/0016 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 and presents an unacceptable risk to people and property from coastal
                 processes, including the projected impacts of climate change.
          2.     The proposal is contrary to the provisions of the Planning Scheme in that it
                 proposes development:
                 a.   in the Landslide Hazard Area thereby placing people and property at risk and
                      does not maintain the natural processes and protection function of land forms
                      and vegetation contrary to the provisions of the Natural Hazards Overlay
                      Code.
                 b.   in the Coastal Protection Area extending seaward of the Coastal Building
                      Line and is likely to adversely impact upon natural coastal processes contrary
                      to the requirements of the Natural Resources Code.
                 c.   which does not protect the dunal area and natural environmental nor
                      maintain the safety of people and works contrary to the Overall Outcomes
                      for the Eastern Beaches Locality.
          3.     The proposal is contrary to the provisions of the draft Planning Scheme in that it
                 proposes development:
                 a.   in the Coastal Protection Area extending seaward of the Coastal Building line
                      and does not allow for natural fluctuations of the coast and foreshore to
                      occur, including allowance of climate change.
                 b.   which has not been sited to minimise the risk from coastal processes as the
                      development has not been located as far landward as practicable to ensure
                      people and property are not at risk from coastal hazards and avoid the need
                      for additional coastal protection works.
          3.4. 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.
          4.5. 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.
     B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                                         Carried.

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