2021-05-28 Special Meeting Agenda

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.




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