Predictive technology and natural hazards: risk for Australian planning authorities?

• Author: Sharon Christensen, W.D. Duncan, Jacinta Buchbach
• Position: Commercial and Property Law Research Centre, Queensland University of Technology, Brisbane, Australia
• Pages: 42-55

Predictive technology and

natural hazards: risk for

Australian planning authorities?

Amanda Stickley, Sharon Christensen, W.D. Duncan and

Jacinta Buchbach

Commercial and Property Law Research Centre,

Queensland University of Technology, Brisbane, Australia

Abstract

Purpose – The purpose of this paper is to examine whether the improvements in technology that

enhance community understanding of the frequency and severity of natural hazards also increased the

risk of potential liability of planning authorities in negligence. In Australia, the National Strategy

imposes a resilience-based approach to disaster management and stresses that responsible land-use

planning can reduce or prevent the impact of natural hazards upon communities.

Design/methodology/approach – This paper analyses how the principles of negligence allocate

responsibility for loss suffered by a landowner in a hazard-prone area between the landowner and local

government.

Findings – The analysis in this paper concludes that despite being able to establish a causal link

between the loss suffered by a landowner and the approval of a local authority to build in a hazard-prone

area, it would be in the rarest of circumstances that a negligence action may be proven.

Research limitations/implications – The focus of this paper is on planning policies and land

development, not on the negligent provision of advice or information by the local authority.

Practical implications – This paper identies the issues a landowner may face when seeking

compensation from a local authority for loss suffered because of the occurrence of a natural hazard

known or predicted to be possible in the area.

Originality/value – The paper establishes that as risk managers, local authorities must place reliance

upon scientic modelling and predictive technology when determining planning processes to full their

responsibilities under the National Strategy and to limit any possible liability in negligence.

Keywords Planning, Negligence, Natural hazards, Land development, Planning authorities,

Predictive technology

Paper type Research paper

1. Introduction

The past decade has seen an increase in the occurrence of natural hazards ranging from

severe earthquakes, oods, hurricanes, tsunamis, polar vortex incidents in the northern

hemisphere and an increase in heatwaves and drought in the southern hemisphere.

While speculation continues that climate change is a potential cause of the extreme

weather (Bell, 2014;Knutsen et al., 2010;Walsh et al., 2012), there is no denying the

increased severity and frequency of these hazard events (Intergovernmental Panel on

Climate Change, 2012;Council of Australian Governments, 2004,p.6).

The experience in Australia has led to a reconsideration of the planning for natural

hazards by government and to the adoption of a whole-of-nation resilience-based

The current issue and full text archive of this journal is available on Emerald Insight at:

www.emeraldinsight.com/1756-1450.htm

IJLBE

8,1

42

Received 2 December 2015

Revised 1 February 2016

Accepted 2 February 2016

InternationalJournal of Law in the

BuiltEnvironment

Vol.8 No. 1, 2016

pp.42-55

©Emerald Group Publishing Limited

1756-1450

DOI 10.1108/IJLBE-12-2015-0020