Development Tribunals Final Decision - Appeal no. 23-052 for 6 & 8 Coral Sea Court, Sunshine Beach - Signed · RAP23/0003

                  iii.   development is not responsive of the topography of the site, with
                         extensive cut and fill proposed; and
                  iv.    has the potential to obstruct views.

            2.   The proposal does not comply with Acceptable Outcome AO16.3 and
                 corresponding Performance Outcome PO16 of the Low Density Residential Zone
                 Code as the proposed rooftop terrace will have the potential to obstruct views of
                 dwellings within proximity of the site and create issues of overlooking to
                 neighbouring properties. The privacy walls associated with the proposed roof top
                 terrace will also create excessive bulk to neighbouring properties and are not of a
                 height that will entirely obscure view lines.

            3.   The proposal does not comply with AO9.4 and PO9 of the Low Density
                 Residential Zone Code as the development proposes retaining walls and fencing
                 greater than 2 metres in height which will result in overlooking to adjoining
                 properties, does not allow for ground level landscaping and will impact negatively
                 on the adjoining site.

            4.   The proposal does not comply with Acceptable Outcome AO19.1 and
                 corresponding Performance Outcome PO19 of the Low Density Residential Zone
                 Code, as the development:
                  i.    involves extensive earthworks, not consistent with the established
                        character, and
                  ii.   the side and rear elevations of the dwelling dominate the landscape.

9.    On 13 October 2023, Daniel Eichhorn as assessment manager advised the appellant that
      the development approval was refused as directed by the concurrence agency (‘Project
      BA’ Decision Notice Ref: 20234011).

Further plans considered by the Tribunal

10.   On 20 December 2023, the Tribunal directed that any amended plans and sight line
      information from the street and from neighbouring property boundaries, be submitted by
      10 January 2024.

11.   Amended plans and sight line information were received by the Tribunal Registry on 19
      January 2024.

12.   On 22 January 2024, the Tribunal requested Council’s response to the amended plans
      and further information provided by the appellants.

13.   On 23 February 2024 Council provided its written response to the amended plans, which
      reiterated the original grounds for refusal (as stated above) relating to the proposal not
      complying with:

       a.    Acceptable Outcome AO7.1 and corresponding Performance Outcome PO7 of the
             Low Density Residential Zone Code as the development.
       b.    Acceptable Outcome AO16.3 and corresponding Performance Outcome PO16 of the
             Low Density Residential Zone Code.

Material considered

14.   The material considered in arriving at this decision comprises:
       a. ‘Form 10 – Notice of Appeal/ Application for Declaration’, being the grounds for
           appeal lodged with the Tribunals Registrar on 16 October 2023. (Including the
           attachments and the applicant’s architect’s and planner’s responses to Council’s




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