Seawall ruling may set erosion precedent for NSW beaches

In short:

The New South Wales Land and Environment Court has ruled in favour of property owners seeking to build a seawall on the state's Central Coast.

The 90-metre concrete structure will replace a temporary fix currently in place.

What's next?

Home owners at Wamberal Beach, also on the Central Coast, hope the decision will influence how governments approach coastal erosion into the future.

A court ruling could set a precedent for the construction of seawalls on New South Wales beaches.

The state's Land and Environment Court has ruled in favour of beachfront home owners at The Entrance North, on the NSW Central Coast, seeking to build a seawall to protect their properties from coastal erosion.

The court heard coastal erosion has been a persistent issue at The Entrance North since 2020, and emergency protection works have offered little protection.

Central Coast Council argued that the immediate interests of the landowners to protect their properties did not outweigh the public interest in maintaining the scenic qualities of the coast and raised concerns about setting an "adverse" precedent for other local beaches.

Commissioner Joanne Gray today ruled that any impact caused by a seawall would not be unacceptable.

"Whilst a concrete seawall introduces built form in an area typically characterised by a natural coastline, I find … that its adverse visual impact is limited to when the beach is in a fully eroded state," Ms Gray said.

The commissioner acknowledged the approval of the seawall had the potential to set a precedent but said: "This alone is insufficient to warrant its refusal."

Next steps

Coastal engineer Peter Horton, who brought the case, said the decision was a relief.

"It has been a long and difficult process, but the residents now have the opportunity to greatly reduce the threat of erosion undermining their residential flat buildings over the long-term," Mr Horton said.

"It has been enormously stressful for the owners to be exposed to this risk over many years, a constant fear that the next storm will be the one that washes away their significant asset."

Waterfront properties at The Entrance North have been seeking a solution to coastal erosion for the past six years. (ABC Central Coast: Sarah Forster)

The court ruled that both parties must agree on how the ongoing maintenance of the seawall will be paid for and conducted.

Final details are due before the court by August 4.

Owners will now have to agree on a budget and contractor to carry out the work on their properties.

Potential for wider impact

In its objection to the seawall, Central Coast Council raised concerns about setting a precedent.

A few beaches to the south, home owners at Wamberal are also fighting for a seawall to protect their homes.

Wamberal Protection Association president Chris Rogers welcomed the court's decision.

"The judgement is an indication that the courts understand the need for protection and the fact continuing to do nothing is not an option," Mr Rogers said.

Property owners at Wamberal Beach, on the NSW Central Coast are also seeking approval for a permanent structure to prevent any further erosion damage. (ABC Central Coast: Ross McLoughlin)

"My hope is that this judgement … could lay the foundation for how the government approaches coastal erosion issues."

Mr Horton was doubtful of that being the case.

"NSW legislation is designed to make it almost impossible for private landowners to get approval for seawalls," he said.

"If a continuous group of owners can work together to submit a development application, and the impact on adjacent land is inconsequential or manageable, there may be the possibility of consent.

"[However] this decision is hardly smoothing the path for seawalls elsewhere, as the legislation making it almost impossible has not changed, and it is very hard to get a group of many owners to agree on anything."