Development Watch Inc & Anor v Sunshine Coast Regional Council & Anor

COURT OR TRIBUNAL

Queensland Planning and Environment Court

DATE FILED (OR FIRST HEARING DATE)

18/11/2019

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Threatened species

REVIEW TYPE

Merits Review

SUMMARY

(Excerpt from catchwords) PLANNING AND ENVIRONMENT – APPEAL AGAINST APPROVAL OF DEVELOPMENT APPLICATION – where the proposed development is proximate a nesting beach for loggerhead turtles – whether the proposed development poses an unacceptable risk to the loggerhead turtle – whether the purpose of the Planning Act 2016 is achieved with respect to the risk to the loggerhead turtle – whether the precautionary principle warrants refusal

The primary decision in the Planning and Environment Court was appealed to the Court of Appeal, who set aside the primary decision and remitted the case back to the Planning and Environment Court. below extract of climate-change/threatened species discussion:

[342] Approximately four per cent of the total loggerhead turtle nesting population of eastern Australia nests on the beaches of the Sunshine Coast. […] More than 80 per cent of the nesting beaches for loggerhead turtles in Queensland are within protected estates such as national parks and conservation parks. Nevertheless, the experts agree that the Sunshine Coast beaches are important to the broader south-west Pacific population due to their endangered status. It is also considered that the Sunshine Coast beaches have the potential to become more important nesting beaches with increased temperatures under a changing climate.

[343] The real issue in dispute is whether the proposed development will pose an unacceptable risk to the loggerhead turtle when females are nesting and when hatchlings are dispersing because of the potential light impact of the proposed development.

[…]

[358] I am assisted with respect to the dynamic nature of sand dunes by the evidence of Dr Thorogood. In his individual statement of evidence, Dr Thorogood examines historical beach profile data for the beaches and dunes of the Sunshine Coast. He also considers the erosion potential of the area and its capacity to recover from erosion events. Based on his analysis of historical beach profile data and historical aerial imagery, Dr Thorogood opines that the beaches and dunes of the Sunshine Coast in general, and the Yaroomba Beach region in particular, have been essentially stable over time. He identifies a long-term trend of minor erosion and predicts shoreline recession of approximately 1.1 metres by 2060 near Yaroomba. He says that climate change and sea-level rise are likely to result in increased erosion of the beach and frontal dune system but says that because of the width of the dune system and its historical stability, the dunes are unlikely to be lost this century. Dr Thorogood opines that where the dune system is lost, the issue of light impacting turtle nesting habitat will be academic as it would be unlikely that any such habitat would remain.

Dr Thorogood’s opinions on this issue were supported by his analysis, which was unchallenged. I accept his opinions.

CASE DOCUMENTS

Development Watch Inc & Anor v Sunshine Coast Regional Council & Anor [2020] QPEC 25
Development Watch Inc v Sunshine Coast Regional Council [2023] QPEC 24