Landowners' Appeal of Seawalls Refusal Unsuccessful

Authors

John Corkill, University of WollongongFollow

RIS ID

143647

Publication Details

Corkill, J. (2020). Landowners' Appeal of Seawalls Refusal Unsuccessful. Environmental and Planning Law Journal, 37 322-337.

Abstract

The primacy of public access to and along the beach is identified as the central reason for the Land and Environment Court's refusal of development consent for three seawalls at Belongil Beach, Byron Bay in New South Wales. The decision's effect on claims of superior private property rights, other seawall proposals, and local councils' coastal zone planning and management program preparation, are discussed. Conclusions are drawn on the unsuitability of litigation in responding to climate impacts, and the wisdom of attempting to "defend" lands from coastal hazards, under climate change conditions, rather than planning to "retreat".