Elachi v Shoalhaven City Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

08/04/2014

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Coastal hazard

REVIEW TYPE

Merits review

SUMMARY

Catchwords: DEVELOPMENT APPLICATION: 1964 holding; Bangalay Sand Forest EEC; Is an SIS required

Excerpt from judgment at [115]: In regards to the foreshore environment, and residents' concerns over the risks to the dunes and the potential for coastal erosion, the applicant engaged Geoff Metzler & Associates Pty Ltd to prepare a "Coastal Engineering Assessment" for the site. The Metzler report assessed the proposal against the relevant criteria in council's policies and Coastal Zone Management Plan 2009, professional standards, NSW State Government policies and guides, including incorporating predicted increases in sea level as consequence of climate change for the period up to 2100. The report assessed impacts due to: sea level rise, flooding, wave action and beach recession for 2013, 2050 and 2100. The report found only a low risk of anything by 2100. Given this report, council has not raised any contentions. Having read the report, there appears to be no reason to refuse the proposal on this basis.

CASE DOCUMENTS

Elachi v Shoalhaven City Council [2014] NSWLEC 1126