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PLANNING & ENVIRONMENT COURT APPEAL NO. D92 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 58 SEAVIEW TERRACE, SUNSHINE BEACH (Item 7.4 Referred from Planning & Environment Committee Meeting dated 11 November 2025)

Development Assessment Manager, Patrick Murphy · Development & Regulation Department

Executive summary

This report advises Council that an appeal has been lodged against a decision made under delegation to refuse a development application for Building Works for a Dwelling House at 58 Seaview Terrace, Sunshine Beach. The application was refused by officers due to it being contrary to the Noosa Plan 2020 as: • It has not been demonstrated that the proposed development will allow for natural fluctuations of the coast and foreshores to occur, including allowance for climate change. • The proposal did not provide details of what coastal protection work is proposed to be constructed to protect the development. • The proposed dwelling extends 9 metres seaward of the coastal building line. The applicant has appealed the decision to the Planning and Environment Court; it is in order for Council to defend the appeal.

Recommendation

That Council note the report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 11 November 2025 regarding Planning & Environment Court Appeal D92 of 2025 and agree to defend the appeal.

Report

ATTACHMENT 2 - PROPOSAL PLANS

ATTACHMENT 3 - OFFICER'S ORIGINAL REPORT

EXECUTIVE SUMMARY

This report advises Council that an appeal has been lodged against a decision made under delegation to refuse a development application for Building Works for a Dwelling House at 58 Seaview Terrace, Sunshine Beach. The application was refused by officers due to it being contrary to the Noosa Plan 2020 as: • It has not been demonstrated that the proposed development will allow for natural fluctuations of the coast and foreshores to occur, including allowance for climate change. • The proposal did not provide details of what coastal protection work is proposed to be constructed to protect the development. • The proposed dwelling extends 9 metres seaward of the coastal building line. The applicant has appealed the decision to the Planning and Environment Court; it is in order for Council to defend the appeal.

RECOMMENDATION

That Council note the report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 11 November 2025 regarding Planning & Environment Court Appeal D92 of 2025 and agree to defend the appeal.

Report details

Index: ECM/ Application/ DBW24/0134 and RAP24/0045/ Case/ Omeros