Some Newell Beach foreshore homes are “under siege” from weather events and surging tides, and if the Douglas Shire Council does not take immediate action, it may be leaving itself open to being “sued for negligence”, a council meeting has heard.

A presentation to the DSC by Lisa Dunkerton on behalf of three beachfront homes outlined how advice had been sought from a “preeminent Kings Counsel who specialises in environmental law”.

“His view is a local council can be sued for negligence when managing Crown Land if they fail to do something that was foreseeable to avoid injury or losses," Ms Dunkerton said during her about 15-minute speech before last week’s council meeting.

"You have a duty of care to us and the public who use the beach that it could be argued you repeatedly failed by refusing to implement expert and specialist advice which would have protected the assets.”

Ms Dunkerton said insurance will not cover any damage that may occur to the three Cyril Close homes in coming months from events such as high tides and storm surges.

"Make no mistake, the beach, and by association, our homes, are under siege,” she said.

"In some sections there is less than a metre of erosion to our boundaries.

"Should this happen, we will hold you to account, and we have both the tenacity and the capacity to do so,” she said.