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                       AGENDA



              Special Meeting


                 Friday, 28 May 2021

                  commencing at 1.00pm
          Council Chambers, 9 Pelican Street, Tewantin



Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie



                    “Noosa Shire – different by nature”
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Section 2

SPECIAL MEETING AGENDA                                            28 MAY 2021


TABLE OF CONTENTS

ITEM                                                                     PAGE


ATTENDANCE & APOLOGIES                                                        -

REPORTS                                                                      3

1      RAL20/0027 – DEVELOPMENT APPLICATION TO RECONFIGURE A LOT (1 INTO 2
       LOTS) AT 33 ROSS CRESCENT, SUNSHINE BEACH                             3

MEETING CLOSURE                                                               -




                                                                   Page 2 of 18

Section 3

SPECIAL MEETING AGENDA                                                                      28 MAY 2021


REPORTS


1      RAL20/0027 – DEVELOPMENT APPLICATION TO RECONFIGURE A LOT (1 INTO 2
       LOTS) AT 33 ROSS CRESCENT, SUNSHINE BEACH

Author                Manager Development Assessment – Kerri Coyle
                      (drafted by planning consultant)
                      Environment and Sustainable Development

Index                 EMC/ Application/ RAL20/0027

Attachments           1.   Referral Agency Decision



    APPLICATION DETAILS

    Applicant                      Thomas Geoffrey Roderick Sykes

    Proposal                       Reconfiguring a Lot – 1 lot into 2 lots

    Properly Made Date             30 October 2020

    Information Request Date       27 November 2021

    Information Response Date      19 March 2021

    Decision Due Date              28 May 2021

    Number of Submissions          Not applicable

    PROPERTY DETAILS

    Property Address               33 Ross Cres Sunshine Beach Qld 4567

    RP Description                 Lot 6 RP 216711

    Land Area                      3520m²

    Existing Use of Land           Dwelling house

    STATUTORY DETAILS

    SEQRP Designation              Urban Footprint

    Zone                           Low Density Residential

    Precinct                       Not applicable

    Local Plan Area                Coastal Communities

    Overlays                             Land Subject to Acid Sulfate Soils – land above 5m AHD to
                                          20m AHD (area 2)
                                         Coastal Protection Overlay – Coastal Protection and Scenic
                                          Amenity
                                         Landslide Hazard Overlay – Moderate and High Hazard Area

    Assessment Type                Code


                                                                                            Page 3 of 18

Section 4

SPECIAL MEETING AGENDA                                                                  28 MAY 2021


RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Special Meeting dated
28 May 2021 regarding Application No. RAL20/0027 for a Development Permit to Reconfigure a Lot
(1 lot into 2 lots), situated at 33 Ross Crescent, Sunshine Beach and:
A.   Refuse the application as directed by the referral agency dated 20 April 2021 (SARA
     Reference: 2011-19747 SRA) pursuant to section 62 of the Planning Act 2016 and given the
     application does not comply with the Noosa Plan 2020.
B.   Include the following Council reasons for refusal in the Decision Notice:
     1.    The proposal is contrary to the State Planning Policy 2017 policies and assessment
           benchmarks for Natural hazards, risk and resilience as:
           1.1   the site is fully located within an erosion prone area in a Coastal Management
                 District and is not coastal-dependant development.
           1.2   the proposal will impact the ability to maintain natural process and the protective
                 function of landforms and vegetation that can mitigate risks to people and property
                 in the area.
     2. The proposal does not comply with the purpose 9.5.1.2 (a), (d) - (f), overall 2(c), (e) and
        specific outcomes PO5 and PO7 of the Reconfiguring a Lot Code as:
           1.1   The land is steeply sloping, is not appropriate as a low density residential lot, and
                 will result in the removal of coastal vegetation.
           1.2   The proposal increases the number of properties and persons at risk from coastal
                 hazards and the risks to existing development in the area.
           1.3   The proposal impacts the ability to retain the site’s coastal vegetation which
                 provides a natural buffer to coastal processes, with coastal vegetation defined as
                 an ecologically important area given its important role it plays.
           1.4   The proposal does not seek to avoid, minimise or mitigate the risk to people and
                 property from coastal process, including the projected effects of climate change.
     3.    The proposal does not comply with the purpose 1(a) and (b) and overall 2(a) and (b) and
           specific outcomes PO1 and PO2, of the Coastal Protection and Scenic Amenity Overlay
           Code as:
           3.1   the proposal impacts the ability for natural fluctuations of the coast and foreshores
                 to occur, including allowance of climate change.
           3.2   the proposal impacts the ability to maintain the site’s coastal vegetation which
                 provides a natural buffer to coastal erosion processes to mitigate risks for people
                 and property.
     4.    The proposal is contrary to the purpose 1(a) and (b) and overall 2(a), (b), (c) and specific
           outcomes of the Landslide Hazard Overlay Code, as the proposal:
           4.1   is located on steep land, within a high hazard area and will not maintain natural
                 coastal process and vegetation.
           4.2   is not compatible with the nature of the hazard and does not seek to minimise
                 potential risks to people and property.
C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




                                                                                         Page 4 of 18

Section 5

SPECIAL MEETING AGENDA                                                               28 MAY 2021


REPORT
1.   PROPOSAL
The proposal is to subdivide 1 lot into 2 lots at 33 Ross Crescent, Sunshine Beach. The applicant
seeks to excise the southern portion of the existing lot to create an additional lot. Proposed Lot 1
has an area of 2776m² and proposed Lot 2, an area of 744m². The following figures include a locality
plan, an aerial of the existing lot and the proposed plan of subdivision.




                                       Figure 1 – Locality Plan




                                                                                      Page 5 of 18

Section 6

SPECIAL MEETING AGENDA                                            28 MAY 2021




                         Figure 2 - Aerial of the existing lot.




                                                                  Page 6 of 18

SPECIAL MEETING AGENDA                                                                     28 MAY 2021

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5	1	1	1	32	8	1276	1696	54	29	96	the
5	1	1	1	32	9	1341	1696	141	36	96	existing
5	1	1	1	32	10	1492	1696	53	29	85	lot.
4	1	1	1	33	0	1979	3313	264	44	-1	
5	1	1	1	33	1	1979	3313	105	44	96	Page
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5	1	1	1	33	4	2196	3314	47	34	96	18

Section 7

SPECIAL MEETING AGENDA                                                                  28 MAY 2021




                                      Figure 3 - Plan of subdivision

2.    SITE DETAILS
2.1. Background
Renovations to the existing dwelling have been undertaken over the years with the relevant planning
approvals gained for the works.
     PBA11/0046 – Dwelling additions
     PBA11/0046.01 – Extension to relevant period
     PBA17/0016 – Alterations and additions
2.2. Site Description
The site is an irregular shaped parcel with the western boundary curving around matching the shape
of the Ross Crescent carriageway. The site drops away steeply from Ross Crescent to the seaward
boundary with approximately a 12m to 15m fall. It is noted that proposed Lot 2 will include slopes
up to 40% towards the road frontage. A contour plan is provided as Figure 4 below. The southern
portion of the existing lot includes high quality coastal vegetation consisting of wind-sheared Coastal
Banksias, Cottonwood Trees, Pandanus, Macarangas and Beach Acronychia. Figure 5 is a photo
of some of the site’s vegetation community, generally typical of vegetation found along steep coastal
dune slopes in this area.


                                                                                         Page 7 of 18

Section 8

SPECIAL MEETING AGENDA                                                                    28 MAY 2021




                Figure 4 – Contour Plan. Source: Noosa Council Mapping System




           Figure 5 – Coastal vegetation in the approximate location of proposed lot 2.


                                                                                          Page 8 of 18

Section 9

SPECIAL MEETING AGENDA                                                                      28 MAY 2021


2.3. Surrounding Land Uses
The site is the most southern of the beachfront lots along Ross Crescent. To the south the lot adjoins
Alison Park which comprises steeply sloping vegetated coastal dune land with pedestrian access
down the steep slope to the beach. Sunrise Beach Park is located further south. To the north, the
site adjoins a typical beach front lot and further north, a group title subdivision. Generally to the east,
the lot adjoins a reserve which forms a large area of the coastal dune system. Opposite the site to
the west are houses and lots typical of the Sunshine Beach area.
3.    ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
     State Planning Policy;
     South East Queensland Regional Plan;
     Planning Regulation 2017;
     Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) except
for that part of the SPP for Natural Hazards, risk and resilience. Therefore, an assessment against
the assessment benchmarks for Natural Hazards, risk and resilience within the SPP is required as
the development is in both a Coastal Management District and mapped as an Erosion Prone Area
by the state. The relevant assessment benchmarks includes the following:
(1)   Development does not occur in an erosion prone area within a coastal management district
      unless the development cannot feasibly be located elsewhere and is:
      (a)   coastal-dependent development; or
      (b)   temporary, readily relocatable or able to be abandoned development; or
      (c)   essential community infrastructure; or
      (d)   minor redevelopment of an existing permanent building or structure that cannot be
            relocated or abandoned.
(7)   The natural processes and the protective function of landforms and the vegetation that can
      mitigate risks associated with the natural hazard are maintained or enhanced.
Development is defined by the Planning Act 2016 and includes Reconfiguring a Lot. The proposal
is therefore inconsistent with the State Planning Policy as the proposed reconfiguring a lot, will result
in an additional lot within the mapped areas, is not coastal-dependant (such as boat ramps, marinas,
harbours etc.), temporary, essential community infrastructure or constitute minor redevelopment of
an existing building or structure. The proposal will also impact the ability to maintain natural process
and the protective function of landforms and vegetation that can mitigate risks to people and property
in the area.
Notably, this application was required to be referred to the chief executive (Department of State
Development, Infrastructure, Local Government and Planning (SARA) for assessment given the site
is mapped as an Erosion Prone Area and Coastal Management District.
SARA has assessed the proposal and similarly determined that the subdivision does not meet the
assessment benchmarks outlined in the SPP and have directed Council to refuse the application on
several grounds. This is further discussed below in section 4.1 of this report.




                                                                                            Page 9 of 18

Section 10

SPECIAL MEETING AGENDA                                                                28 MAY 2021


South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint. The SEQ Regional plan includes a number of policies
which set the desired outcomes, principles, policies and programs to address growth and
management of the region. The principles and policies are intended to guide state and local
government in the formulation of their own policies as they are the cornerstones to the correct
functioning of the region. The desired regional outcomes include the following principle and policies
for Natural Hazards and Climate Change Adaptions; and Managing the Coast.
Natural Hazards and Climate Change Adaptions: Principle
Increase the resilience of communities, development, essential infrastructure, natural environments
and economic sectors to natural hazards including the projected effects of climate change.
Policies
    Reduce the risk from natural hazards, including the projected effects of climate change, by
     avoiding areas with high exposure and establishing adaptation strategies to minimise
     vulnerability to riverine flooding, storm tide or sea level rise inundation, coastal erosion,
     bushfires and landslides.
    Reduce the risk from natural hazards, including the projected effects of climate change, by
     establishing adaptation strategies to minimise vulnerability to heatwaves and high
     temperatures, reduced and more variable rainfall, cyclones and severe winds, and severe
     storms and hail.
    Planning schemes and development decisions shall be in accordance with the Queensland
     Coastal Plan, including the range of potential sea level rises.
The subject site is located within the area mapped by the state as Coastal Management District and
Erosion Prone and therefore is at risk from coastal erosion processes and the projected effects of
climate change.
Managing the Coast: Principle
Maintain, protect and enhance the values of the region’s coast, including the foreshore, coastal
wetlands, dunes, coastal processes, marine ecosystems, significant coastal values and marine
waters.
Policies
    Locate, design and manage coastal development to avoid or mitigate adverse effects on
     coastal values.
    Ensure development other than maritime infrastructure avoids erosion prone areas, storm tide
     inundation hazard areas, and undeveloped sections of tidal waterways in accordance with the
     Queensland Coastal Plan.
    Ensure that development on the coast or in tidal waters maintains natural physical coastal
     processes or ensures that there is no increased risk of shoreline erosion to adjacent areas of
     coastline.
The proposal will lead to increase in the number of people and property in an erosion prone area,
an area at risk from the coastal processes.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and does not conflict with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The subject site is in Coastal Communities Local Plan area and is zoned Low Density Residential.
The proposed subdivision is required to follow a code assessment application process.


                                                                                      Page 10 of 18

Section 11

SPECIAL MEETING AGENDA                                                                     28 MAY 2021


The application must be assessed against each of the following codes to the extent they are relevant
to the development:
     Reconfiguring a Lot Code;
     Coastal Communities Local Plan Code;
     Low Density Residential Zone Code;
     Acid Sulfate Soils Overlay Code;
     Coastal Protection and Scenic Amenity Overlay Code;
     Landslide Hazard Overlay Code; and
     Works Codes.
The application conflicts with a number of these codes. The pertinent issues arising out of the
assessment are discussed below:
Reconfiguring a Lot Code
The proposed lots meet the minimum lot size, shape and width specified by the Code for the Low
Density Residential zone of 600m2, but proposed lot 2 is not sufficiently sized to maintain the coastal
vegetation which currently assists in maintaining the site’s stability and provides a natural buffer from
coastal erosion processes.
Proposed lot 2 is also steeply sloping, with a steep access into the site and any future construction
on the lot is likely to require reduced setbacks for garages and necessitate earthworks and retaining
walls contrary to the code. Lot 2 has a longitudinal fall of up to 40%, some 8 times steeper than the
acceptable outcome specified by the code. The applicant has also not demonstrated that stormwater
can be satisfactorily managed without impacting on the coastal dune system.
The proposal will also increase the number of people and property at risk from natural hazards
(coastal erosion) along the highly sensitive coastal strip and increases the risk to other people and
property in the developed area to the west.
This code contains a number of provisions applicable to the proposed reconfiguring a lot, including
the following:
Overall Outcomes
2(b) Development provides for lots which are responsive to local character and site constraints
     such that the natural landform is not modified.
2(c) Development avoids significant adverse effects on the natural environment and landscape
     including waterways, drainage lines, wetlands and other ecologically important areas.
2(e) Development provides for subdivisions that result in the creation of safe and healthy
     communities by:
      (i)         avoiding or mitigating the risk to people and property from natural hazards;
      (ii)        ensuring lots have a suitable and safe means of access to a public road;
Acceptable Outcomes and Performance Outcomes
PO5     New lots have areas and dimensions that:
d)    allow for siting and construction of buildings, structures, access ways and car parking while:-
             i.   retaining ecologically important areas and ecological linkages;
         ii.      minimising risk of soil erosion, landslide, flooding and bushfire;
        iii.      minimising earthworks or retaining walls associated with construction on sloping sites;
        iv.       retaining the scenic amenity and vegetated character of the landscape;
         v.       retaining culturally significant features and protecting views to culturally significant
                  features;


                                                                                           Page 11 of 18

Section 12

SPECIAL MEETING AGENDA                                                                   28 MAY 2021


       vi.     minimising detrimental impacts of effluent disposal or storm water runoff; including
               open space for landscaping; ensuring safe vehicular manoeuvring areas without
               concentration of driveways in one space; and
      vii.     where not in a water or sewerage service area, allow for water storage tanks and
               suitable effluent disposal.
e)    Except where otherwise specified in a local area code, comply with the minimum lot size
      specified in Table 9.5.1.4 Minimum Lot Size and Dimensions (which specifies for the
      Residential Low Density zone a minimum lot size of 600m2, with a 17m average width and
      4.5m minimum frontage width).
AO7.4 New lots with a site area less than 4,000m² in area have a slope not exceeding:
(a)   10% side slope (crossfall); or
(b)   5% lengthwise slope (longitudinal fall).
AO7.5 Lot boundaries, services, utilities and roads are aligned to avoid traversing ecologically
     important areas and ecological linkages.
AO7.6 Development does not result in significant modification to natural landform or landscape
     features including:
(a)   waterways and drainage lines;
(b)   native vegetation or significant character trees;
(c)   understorey vegetation;
(d)   slope;
(e)   rock outcrops; or
(f)   views.
PO7 Development provides for a lot layout and configuration of roads and pathways that is
    responsive to:-
(a)   the setting of the site within an urban or non-urban context;
(b)   any natural environmental values present on, or adjoining the site;
(c)   any natural hazards affecting the site or adjoining land such that the number of properties or
      persons at risk is not increased;
(d)   the terrain of the land, minimising the need for earthworks;
(e)   any places of cultural heritage significance or character areas present on, or adjoining the site;
      and
(f)   any important landmarks, views, vistas or other areas of high scenic quality present on, or able
      to be viewed from, the site.
Coastal Protection and Scenic Amenity Code Overlay code
The proposal is in a critical beachfront location and frontline to the impacts of coastal erosion. The
proposed subdivision is removing good quality coastal vegetation which diminishes the dunes natural
defences against erosion and stability and places new development in a high risk erosion prone
area. Furthermore, lot 2 is further seaward than existing development in the area and in proximity to
an existing drainage/creek line in the nearby Sunrise Beach Park placing any future development on
the lot at potentially greater risk to coastal erosion process than existing lots and development in
proximity.
A future dwelling on proposed lot 2 and the potential armouring of the asset does further not allow
for natural fluctuations of the coast to occur and conflicts with PO1.



                                                                                        Page 12 of 18

Section 13

SPECIAL MEETING AGENDA                                                                        28 MAY 2021


Furthermore, the proposed removal of coastal vegetation on the steep slope for the boundary and
the subsequent dwelling does not maintain or enhance the coastal ecosystems and impacts the
ability for natural coastal processes to occur naturally.
Overall Outcomes
2(a) Development allows for natural processes of erosion and accretion to occur naturally, including
     as a result of sea level rise.
2(b) Development ensures landforms, creeks, dunes, vegetation and biodiversity in coastal areas
     are not impacted by development to mitigate coastal hazard risks and to protect environmental
     values;
Performance Outcomes
PO1 Development allows for natural fluctuations of the coast and foreshores to occur, including
    allowance of climate change
PO2    Development is located, designed and constructed to:
(a)   maintain dune crest heights and minimise and mitigate the risk to development from wave
      overtopping and storm tide inundation; and
(b)   maintain or enhance coastal ecosystems and natural features such as coastal creeks and
      marine plants including mangroves, salt marshes and coastal wetlands, to assist in protecting
      and buffering communities and infrastructure from sea-level rise and coastal inundation
      impacts.
Localised Modelling – Noosa Council
The lot is identified in the Coastal Hazards – Erosion Prone Area mapping undertaken by Council in
consultation with the state. This mapping does not form part of the current planning scheme but is
consistent with the issues identified in the State direction to refuse the application. Figure 6 below
shows the subject site and the modelled erosion prone areas.




            Figure 6 – Erosion Prone Areas site specific – current and years 2040, 2070 and 2100

                                                                                             Page 13 of 18

Section 14

SPECIAL MEETING AGENDA                                                                     28 MAY 2021


Landslide Hazard Overlay Code
The site is mapped as being in a high hazard area being a high risk erosion prone area where the
existing coastal vegetation provides dune stability and acts as a natural buffer to coastal processes.
The proposal will result in an increase in the number of people and property in a high hazard area,
which is not compatible with the hazard. The development has not sought to minimise the risks and
will compromise the ability for the area to be maintained in a natural state and allow natural
processes to occur contrary to the code.
Overall outcomes
2(a) Development in areas at risk from landslide hazard is compatible with the nature of the hazard.
2(b) Development is resilient to landslide hazards by ensuring siting, design and access responds
     to and minimises potential risks to people, property and the environment.
2(c) Natural processes and the protective function of landforms and vegetation are maintained in
     landslide hazard areas.
Performance Outcomes
PO1 Development maintains the safety of people, property and hazardous materials stored in bulk
    from the risk of landslide.

4.   CONSULTATION
4.1. Referral Agencies
The application was referred to the following Referral Agency:
    Department of State Development, Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for the proposal to reconfigure a lot within the coastal
management district. The Department has responded directing that Council must refuse the
development application pursuant to section 62 of the Planning Act 2016.
A copy of the Departments reasons for refusal is provided as Attachment 1, however, an excerpt is
provided below.
The impact of the proposal on coastal processes and the environment is found to be unacceptable
for the following reasons:
    the entire subject lot is considered at risk from coastal erosion
    the reconfiguration of the lot is not considered to be coastal dependent development
    the reconfiguration of the lot in the erosion prone area impacts the ability for this area of the
     site to be retained in its natural state to allow coastal processes to occur
    if this area of the site is not retained in its natural state there is an increased risk to people and
     property due to the effects of coastal erosion
    the reconfiguration of the lot is not considered to have managed, prevented or minimised the
     potential severity of erosion and coastal hazards occurring over the subject site
    the proposed lot will be located more seaward than existing development in the surrounding
     area
    and located wholly within the erosion prone area. It is therefore unable to be located, designed
     or constructed to minimise impacts from coastal erosion.
The development proposal:
    is not considered to be coastal dependent development that is required to be located in the
     erosion prone area
    will not protect life, buildings and infrastructure from the impacts of coastal erosion or maintain
     coastal processes, as the site is located entirely in an erosion prone area
    does not account for the projected impacts of climate change, as the site is located within an
     erosion prone area.

                                                                                           Page 14 of 18

Section 15

SPECIAL MEETING AGENDA                                                                       28 MAY 2021


4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
    Engineering Officer
    Environment Officer

5.      CONCLUSION & REASONS FOR DECISION
The proposed reconfiguring of 1 lot into 2 lots is proposed on the dune face of Sunshine Beach and
will result in the removal of native coastal vegetation. The existing coastal vegetation provides dune
stability, and natural protection from coastal processes. The site is currently within a high risk erosion
prone area and will also be impacted by the projected effects of climate change in the future.
The proposal has not sought to minimise the potential risks from coastal erosion and climate change
and will compromise the ability for the area to be maintained in a natural state and allow natural
processes to occur.
The proposal will increase the number of people and property at risk from natural hazards (coastal
erosion) along the highly sensitive coastal strip and increase the risk to other people and property in
the developed area to the west, as the coastal vegetation currently acts as a natural buffer. The
land is also steeply sloping and not appropriate as a low density residential lot.
The development does not comply with the Noosa Plan 2020 requirements and it is therefore
recommended that Council refuse the application in accordance with the directions of the referral
agency and due to the proposal’s non-compliance with the planning scheme requirements.
Notably in these circumstances, the Planning Act 2016 requires that the Decision Notice for the
application must specify pursuant to 63(2)(f):
(i)     whether the assessment manager was directed to refuse the application and, if so, the referral
        agency directing refusal and whether the refusal was solely because of the direction; and
(ii)    for a refusal for a reason other than because of a referral agency’s direction—the reasons for
        the refusal;
The recommendation is worded accordingly.
Departments/Sections Consulted:
       Chief Executive Officer        Community Services                       Corporate Services
       Executive Officer              Community Development                    Financial Services
       Executive Support              Community Facilities                     ICT
                                      Libraries & Galleries                    Procurement & Fleet
                                      Local Laws                               Property
                                      Waste & Environmental Health             Revenue Services

       Executive Services         x   Environment & Sustainable Development    Infrastructure Services
       Community Engagement           Building & Plumbing Services             Asset Management
       Customer Service           x   Development Assessment                   Buildings and Facilities
       Governance                     Economic Development                     Civil Operations
       People and Culture             Environmental Services                   Disaster Management
                                      Strategic Land Use Planning              Infrastructure Planning,
                                                                               Design and Delivery




                                                                                            Page 15 of 18

Section 16

SPECIAL MEETING AGENDA   28 MAY 2021




                         Page 16 of 18

SPECIAL MEETING AGENDA                                                                28 MAY 2021

                                                                             Attachment 1
 RAI3-N                                                               2)   .
                                                                         Sy

                                                                    Queensland
                                                                    Government

 SARA reference:  2011-19747 SRA
 Council reference: RAL20/0027
 Applicant reference:
 20 April 2021
 Chief Executive Officer
 Noosa Shire Council
 PO Box 141
  TEWANTIN QLD 4565
  [email protected]
  Attention: Mr Patrick Murphy

  Dear Mr Murphy
  SARA response—33 Ross Crescent, Sunshine Beach
  (Referral agency response given under section 56{1)(c) of the Planning Act 2076)
 The development application described below was confirmed as properly referred by the State
 Assessment and Referral Agency on 2 December 2020.
  Response
  Outcome:                  Referral agency response - Under section 56(1)(c) of the Planning Act
                            2016, the department directs the assessment manager to refuse the
                             development application. As per section 62 of the Planning Act 2076,

  Date of response:         20 Apnil 2021

  Reasons for refusal

 The reasons for the department's direction to refuse are:
 Description of the coastal environmental values
 The proposed lot will be created on the southem part of the site, which is completely located within the
 erosion prone area and coastal management district. The new lot also adjoins the coastal beach system to
 the east. The current undeveloped area where the new lot is proposed to be located is generally in a
 natural state and provides a natural buffer between the coastal beach system to the east and the
 developed area to the west, noting its connection to natural areas to the south which also provide for a
 natural buffer to the coastal beach system.
 This natural buffer area plays an important role in coastal processes as well reducing nsks to people and
  property from coastal erosion.
                                                          DA Advisory Team (DAAT)
                                                          Level 13, 1 William Street, Brisbane
  Page 1 of3                                              PO Box 15008 CITY EAST QLD 4002

                                                                                      Page 16 of 18

Section 17

SPECIAL MEETING AGENDA   28 MAY 2021




                         Page 17 of 18

SPECIAL MEETING AGENDA                                                                28 MAY 2021

                                                                               2011-19747 SRA

   Impacts of the proposal on the coastal environment
   The impact of the proposal on coastal processes and the environment is found to be unacceptable for the
   following reasons:
       *® the entire subject lot is considered at nsk from coastal erosion
       *® =the reconfiguration of the lot is not considered to be coastal dependent development
       ® =the reconfiguration of the lot in the erosion prone area impacts the ability for this area of the site
          to be retained in its natural state to allow coastal processes to occur
       © = if this area of the site is not retained in its natural state there is an increased nsk to people and
          property due to the effects of coastal erosion
       *® =the reconfiguration of the lot is not considered to have managed, prevented or minimised the
          potential severity of erosion and coastal hazards occurring over the subject site
       *® the proposed lot will be located more seaward than existing development in the surrounding area
          and located wholly within the erosion prone area. It is therefore unable to be located, designed or
          constructed to minimise impacts from coastal erosion.
   Statutory context
   SARA is of the view that the development proposal:
       *  isnot considered to be coastal dependent development that is required to be located in the
          erosion prone area
       * will not protect life, buildings and infrastructure from the impacts of coastal erosion or maintain
          coastal processes, as the site is located entirely in an erosion prone area
       * does not account for the projected impacts of climate change, as the site is located within an
          erosion prone area.
   Given the above, SARA’s assessment concludes that:
       * the Purpose Statement and Performance Outcomes PO1, PO3 and PO4 of State code 8 of the
          State Development Assessment Provisions have not been met; and
       * the proposed development cannot be conditioned in a way that would achieve compliance with
          State code 8.
   The following material was used in the assessment of the application:
    ® The development application maternal
    e  Planning Act 2016
    ® Planning Regulation 2017
    * Development Assessment Rules, version 1.3
    ® State Development Assessment Provisions, version 2.6 published by the then Department of State
      Development, Manufacturing, Infrastructure and Planning
    * SARA DA Mapping system.

    State Assessment and Referral Agency                                          Page 2 of 3

                                                                                      Page 17 of 18

Section 18

SPECIAL MEETING AGENDA   28 MAY 2021




                         Page 18 of 18

SPECIAL MEETING AGENDA                                                                  28 MAY 2021

                                                                               2011-19747 SRA

  Development details
  Description:              Development permit for Reconfiguring a lot (1 lot into 2)
  SARA role:                 Referral Agency
  SARA trigger.              Schedule 10, Part 17, Division 3, Table 5, Item 1 (10.17.3.5.1) —
                            Reconfiguring a lot within the coastal management district (Planning
                             Regulation 2017)
  SARA reference:            2011-19747 SRA
  Assessment Manager:        Noosa Shire Council
  Street address:            33 Ross Crescent, Sunshine Beach
  Real property description: 6RP216711
  Applicant name:            Thomas Geoffrey Roderick Sykes
  Applicant contact details  PO Box 1684
                             Noosa Heads QLD 4567
                             [email protected]

 A copy of this response has been sent to the applicant for their information.

 For further information please contact Danielle Harms, Principal Planner, on 34527654 or via email
 [email protected] who will be pleased to assist.

 Yours sincerely
    a
    v
 Steve Conner
 Executive Director

 ce    Thomas Geoffrey Roderick Sykes - nadinegmartooconsulting.com

  State Assessment and Referral Agency                                            Page 3 of 3

                                                                                       Page 18 of 18

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