Development precedent set

Application to replace property refused.

By Margaret Maccoll

Noosa Councillors last Thursday set a precedent that will affect 43 Shire properties when they refused a development application to build a house in a coastal protection area extending seaward of the “coastal building line“ they said was likely to “adversely impact upon natural coastal processes“, but the decision was not unanimous.

The application from Brett Mason proposed removing the existing dwelling at 54 Seaview Terrace, Sunshine Beach, and replacing it with a two-storey dwelling

within the Coastal Protection area identified under the Natural Resources overlay.

Council officers recommended the application be refused as it proposed “an unacceptable risk to people and property from coastal processes, including the

projected impacts of climate change“ and it was contrary to the Planning Scheme and contrary to the draft Planning Scheme.

Under the draft Planning Scheme the proposed dwelling would not allow for natural fluctuations of the coast and foreshore to occur and according to recently

carried out modelling if the development was to proceed significant erosion was likely to occur in the future which may threaten life and property.

Mayor Tony Wellington said Council had a duty of care to act on the most up-to-date information available to them especially when it concerned safety and property.

Cr Brian Stockwell said it was clear they had all the legal information and mapping to make a decision.

Cr Ingrid Jackson abstained from voting on the decision and her non-vote was recorded as an objection to the decision.

She said there was not enough information to make this important decision and it required specific legal advice. She said the decision was based on the draft Noosa Plan that was not an approved plan and the State Planning policy which was not applicable when there was a house there already.