PLANNING & ENVIRONMENT COURT APPEAL NO. D92 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 58 SEAVIEW TERRACE, SUNSHINE BEACH (Item 7.4 Referred from Planning & Environment Committee Meeting dated 11 November 2025) · Report

GENERAL COMMITTEE MEETING                                                    17 NOVEMBER 2025


7.2         PLANNING & ENVIRONMENT COURT APPEAL NO. D92 OF 2025 –
            APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING
            HOUSE 58 SEAVIEW TERRACE, SUNSHINE BEACH (Item 7.4 Referred
            from Planning & Environment Committee Meeting dated 11 November
            2025)


Author            Development Assessment Manager, Patrick Murphy
                  Development & Regulation Department
Index             ECM/ Application/ DBW24/0134 and RAP24/0045/ Case/ Omeros
Attachments       1.   ATTACHMENT 1 - DEVELOPMENT ASSESSMENT MANAGER'S
                       REPORT
                  2.   ATTACHMENT 2 - PROPOSAL PLANS
                  3.   ATTACHMENT 3 - OFFICER'S ORIGINAL REPORT



EXECUTIVE SUMMARY
This report advises Council that an appeal has been lodged against a decision made under
delegation to refuse a development application for Building Works for a Dwelling House at 58
Seaview Terrace, Sunshine Beach.

The application was refused by officers due to it being contrary to the Noosa Plan 2020 as:
•   It has not been demonstrated that the proposed development will allow for natural fluctuations
    of the coast and foreshores to occur, including allowance for climate change.
•   The proposal did not provide details of what coastal protection work is proposed to be
    constructed to protect the development.
•   The proposed dwelling extends 9 metres seaward of the coastal building line.
The applicant has appealed the decision to the Planning and Environment Court; it is in order for
Council to defend the appeal.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning and
Environment Committee Meeting dated 11 November 2025 regarding Planning & Environment Court
Appeal D92 of 2025 and agree to defend the appeal.