APPEAL — development application — coastal seawall on common property of three strata schemes — direction made in earlier decision for updated conditions of consent — direction complied with — final orders made
Quick Take
1Where land is zoned for built-form development, it can be reasonably anticipated to also require development that protects that built form; the zoning context supported the acceptability of the seawall.
2The risk of creating an undesirable precedent is not, of itself, a reason for refusal of development consent; whether a seawall is replicated elsewhere depends on the facts and circumstances of those sites.
3On the agreed expert evidence, the end effects and impact on natural coastal processes were acceptable, and the seawall would not cause increased coastal hazard risk on the site or adjacent areas.
