Rainbow Shores, as a developer, brought an appeal against Gympie Regional Council for the refusal to give development approval of an integrated resort project at Rainbow Beach. The basis for the Council’s refusal was that the development would be potentially susceptible to climate change related sea level rise. 

The Court considered relevant evidence and found that 17 hectares of the development site would, taking into account sea level rise projections, be potentially susceptible to storm surge inundation. Rackemann DCJ at [360]: “…it is difficult to justify ignoring the current predictions of sea level rise which affect the identification of that proportion of the site which is potentially susceptible.” 

Consequently, the Court upheld the Council’s refusal and dismissed the appeal.

Notably, the decision recognised long term climate change impacts, at least insofar as considering whether development approval should be given for a development proposal within a coastal zone.

(Contribution:  Case provided by Charley Xu from the Queensland University of Technology)