Kala Developments Pty. Ltd. v. Surf Coast Shire Council

The Surf Coast Shire Council proposed to amend Kala Developments Pty. Ltd.’s coastal development permit to better suit the impacts of climate change. At the first mediation, both parties agreed that Kala Developments would complete a coastal hazard vulnerability assessment prior to further deliberation. The Tribunal held that in the principles of natural justice required that the respondent and all objectors be given an opportunity to give their views on the proposed amendments, in the light of the information contained in the information contained in the coastal hazard vulnerability assessment. At a later hearing on the merits of the proposed amendments to the planning permit, the Tribunal found that the flood barrier system which the developer proposed to construct would be sufficient to address the risk of sea level rise at the site.