2019-08-12 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                  12 AUGUST 2019


      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.
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.
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.


Previous Material Change of Use Application
On 9 May 2019 Council received a notice of appeal against the refusal. As part of the grounds of
appeal the applicant maintained that no application for a Material Change of Use was required for
the proposal. In summary, it was maintained that given there was an existing dwelling on the site
and the proposed building work (new dwelling) did not extend further seaward than the existing
building, that the proposal does not result in ‘a material increase in the intensity and scale of the
use of the premises’ (in accordance with the definition of a Material Change of Use).
Council’s solicitor and officers reviewed the applicant’s grounds and agreed with the applicant, as
this was no material change of use of the property given the site already had a large dwelling
constructed on the site which intruded into the setback to the Coastal Building line and the new
dwelling did not raise additional impacts compared to the existing dwelling.
The applicant subsequently withdrew the appeal.
Existing Development
As shown in Figure 3 – Subject site, the majority of development on the eastern side of
Seaview Terrace has some form of building work seaward of the Coastal Building Line.




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