2019-04-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    9 APRIL 2019


4.    RISK & LIABILITY
There will be increasing pressure for property owners to seek protection for their built assets to
combat erosion impacts. Who is responsible and who should cover this cost has some case law,
but is still not clear yet.
Climate change presents considerable uncertainty in terms of severity and frequency of hazard.
Council as assessment manager has a duty of care to give full consideration to coastal erosion
and sea level rise risks. While a planning scheme might provide for a particular type of
development to occur, the assessment manager must consider whether the design and siting of
that development is compatible with the risk and that any coastal risks have been appropriately
mitigated.
Advice from LGAQ and King and Co advise that Council has a duty of care to consider best
available information at the time of assessing the development application.
5.    DRAFT PLANNING SCHEME
The draft zoning under the new Planning Scheme is Low Density Residential. The parameters
under the draft scheme with regard to site cover, height, built form and setbacks has remained
unchanged. The draft Coastal Protection overlay code is further strengthened under the draft
Planning Scheme based on new and current information with regard to coastal hazards. In
summary, the draft Code includes provisions that recognises that development is sensitive to the
foreshores and avoids the need for coastal protection works. Further where buildings on the site
are already located within the coastal hazard area for year 2100 at the commencement of the
scheme, new buildings, structures or retaining walls do not extend seaward of the coastal hazard
area for year 2070. The Code refers to the Coastal Hazard areas mapping as recently released
by Council. Refer Figure 5 – Erosion Prone Area and subject site. The existing dwelling and
the proposed dwelling is located within the predicted erosion prone area for years 2100, 2070 &
2040.
6.    CONSULTATION
6.1. Concurrence Agency for Building Work
The applicant’s building certifier referred the proposal to the State Assessment and Referral
Agency (SARA), under Schedule 9 of the Planning Regulation 2017 for premises located
seaward of the coastal building line, prior to submitting the planning application to Council for
assessment.
On the 6 February 2018, the Department (DSDMIP) issued a Statement of Reasons and
conditions for the development under Version 2.4 of the State Development Assessment
Provisions (SDAP) which commenced 16 November 2018 – State Code 8 Coastal development
and tidal works. The reasons for this decision provided by SARA for the proposal are as follows.
•    To ensure the development is carried out generally in accordance with the plans of
     development submitted with the application.
•    To ensure the development avoids or minimises adverse impacts on coastal resources and
     their values.
•    To ensure any disturbance to acid sulfate soils is managed to prevent impacts to coastal
     environments.




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