2014-06-17 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING REPORT                                       17 JUNE 2014


To assist with this, LGAQ have provided legal advice through King and Co solicitors on councils’
legal liability and compensation issues arising from planning decisions affected by coastal
hazards. The advice makes it clear that to limit potential liability councils ought to adopt a sea
level rise factor in conformity with the Inter-governmental Panel on Climate Change. As well as
this, it states that Council should have regard to local information and conditions, and identify
through the planning scheme properties at risk from coastal hazards, including those worsened
by projected changes to climate. It further advises that adopting a sea level factor lower than
0.8m by 2100 (with a 10% increase in wind intensity) would not be prudent and would
significantly increase exposure of councils to liability.

Council has engaged a flooding expert to prepare revised flood mapping to help determine the
planning implications of current and future flood risks. The mapping will utilise the above climate
projections as a baseline for assessing future risks. Detailed consideration needs to be given to
how best to recognise climate risks and coastal hazards through the planning scheme and
overlay mapping. It is also acknowledged that this needs to form part of a broader adaptation
program that seeks to raise community understanding and awareness of predicated changes to
coastal hazards and response options. Given Noosa’s high risk exposure to coastal hazards,
focus for the planning scheme will be on increasing resilience through building design and where
appropriate avoiding new development in vulnerable areas. Policy direction from Council will be
sought once the flood mapping analysis is further progressed.

In the meantime, as part of exercising its duty of care, Council officers will continue to refer to all
available coastal hazard information and mapping when making planning, development and
infrastructure decisions, including current and previous state hazard mapping, shoreline erosion
management plans and Council‘s current and revised flood modelling. Information is also now
being added to flood search certificates alerting to potential changes to minimum floor height
levels due to climate risk.

Previous Council Consideration

Nil.

Finance & Risk

Given Council’s legal liability through planning decisions, the financial risk of compensation
claims is considerable if Council does not adopt a precautionary approach through forward
planning and appropriate mapping.

Consultation

External Consultation - Community & Stakeholder

A consultation paper on flood hazards and climate risks was prepared and released for public
comment as part of the preliminary consultation on proposed planning scheme amendments in
April/May 2014.

Internal Consultation

The following areas have been consulted with respect the coastal hazard mapping and relevant
legal advice:
 Disaster Management and Public Order
 DA Planning
 Strategic Land Use Planning
 Asset Design and Investigations
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