2018-12-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                11 DECEMBER 2018


Given the proposal does not comply with the Specific Outcomes, the following Overall Outcomes
for the Natural Resources Overlay Code are applicable:
13.42.2 The overall outcomes sought for the Natural Resources Overlay Code are—
f)    for Coastal Protection Areas, development —
      i     does not adversely impact upon natural coastal processes; and
      ii    is designed and sited to protect the natural beach experience and visual amenity
            enjoyed by residents and others.
It is pertinent that new climate change information and modelling has highlighted that within the life
of this development serious erosion may occur and risk life and property.
Erosion prone areas should be retained in their natural state where they can act as a buffer
between land uses and the beach to allow the natural coastal processes to occur, without the need
for intervention to protect human life and property. It is considered the proposal will adversely
impact on the coastal processes as a 6m landscaped setback is not sufficient to minimise the risk
of erosion.
While some of the dwellings on the seaward side of Seaview Terrace are constructed seaward of
the Coastal Building Line, they complied with the statutory instruments in force at the time. The
neighbouring property to the north was approved in 2012 with a third party referral to the equivalent
of SARA (State Government), and again approved in 2015; the assessment considering the
alignment of the neighbouring property. Since that time new information of climate change effects
on coastal processes have been modelled and more accurately depict the risk of erosion to the
subject property as shown in Figure 6 in section 2.1.
Furthermore, it should be noted that State g\Government planning for coastal areas has changed
over time. For example, between 2002 and 2012 State Planning Policy allowed for development
seaward of the coastal building line providing it did not protrude seaward of the neighbouring
properties building alignment. Whereas, the current State Development Assessment Provisions
are much more restrictive, not permitting development seaward of the coastal building line except
for coastal protection works. This highlights the Queensland State Government statutory planning
instruments recognise the importance of the risks of climate change and updated information
available.
4.    RISK & LIABILITY
There will be increasing pressure for property owners to seek protection for their built assets to
combat erosion impacts. Who is responsible and who should cover this cost has some case law,
but is still not clear yet.
Climate change presents considerable uncertainty in terms of severity and frequency of hazard.
Council as assessment manager has a duty of care to give full consideration to coastal erosion
and sea level rise risks. While a planning scheme might provide for a particular type of development
to occur, the assessment manager must consider whether the design and siting of that
development is compatible with the risk and that any coastal risks have been appropriately
mitigated.
Advice from LGAQ and King and Co advise that Council has a duty of care to consider best
available information at the time of assessing the development application.




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