Planning disputes about coastal protection and planning for adaptation to sea-level rise have reached courts and tribunals in various Australian jurisdictions since the early 2000s. Recent cases reflect a changing approach to coastal development in light of climate change risk within existing statutory frameworks. In merits review courts and tribunals are refusing development consents and imposing consent conditions that reflect the need to adapt over time to future climate change risk. Climate-adaptive outcomes have also been achieved by courts upholding strategic planning instruments aimed at limiting new development in areas likely to become more hazardous over time.
Turner, J; Pain, N
Nothing Lasts Forever: Managing Future Risk from Climate Change Impacts on the Australian Coast
Environmental And Planning Law Journal