H & J Standen Pty Limited v Minister for Planning and Infrastructure & Sutherland Shire Council [2012] NSWLEC 1365

H & J Standen Pty Limited v Minister for Planning and Infrastructure & Sutherland Shire Council [2012] NSWLEC 1365

Although parking, visual impact and most navigation issues did not independently warrant refusal, the amended marina proposal would alienate a significant part of the waterway. The public benefit of additional private wet berths was significantly outweighed by the competing public benefit of continued public enjoyment and navigation of Dolans Bay, including use by the commercial ferry operator and local boat users. For that reason the appeal was dismissed and the major project application was refused.

Jurisdiction
Australia
Judgment Date
21 December 2012
Procedural Posture
Class 1 Appeal Concerning Major Project Application 10 0017 for Expansion of Dolans Bay Marina / Final Hearing and Determination of Appeal From Refusal
Outcome
Appeal dismissed; Major Project Application 10_0017 as amended refused.
Legal Topics
['marina Expansion' 'competing Public Benefits' 'view Loss' 'parking Impacts' 'navigation Hazards' 'alienation of Public Waterway']
['planning and Environment' 'development Assessment' 'coastal and Waterways Development'] ['marina Expansion' 'competing Public Benefits' 'view Loss' 'parking Impacts' 'navigation Hazards' 'alienation of Public Waterway']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Concerning Major Project Application 10 0017 for Expansion of Dolans Bay Marina / Final Hearing and Determination of Appeal From Refusal

Legal Issues

  1. 1 ['Whether the proposed marina expansion would have unacceptable visual impacts or view loss.' 'Whether parking provision was inadequate so as to warrant refusal.' 'Whether the proposal would create unacceptable navigation hazards, including in the western channel, eastern channel and central fairway.' 'Whether the public benefit of additional wet berths outweighed the public detriment caused by alienation of the waterway and impacts on public and ferry navigation.' 'Whether relevant planning instruments, policies and guidelines supported refusal of the proposal.']

Ratio Decidendi

Although parking, visual impact and most navigation issues did not independently warrant refusal, the amended marina proposal would alienate a significant part of the waterway. The public benefit of additional private wet berths was significantly outweighed by the competing public benefit of continued public enjoyment and navigation of Dolans Bay, including use by the commercial ferry operator and local boat users. For that reason the appeal was dismissed and the major project application was refused.

Court Disposition

Appeal dismissed; Major Project Application 10_0017 as amended refused.

Orders

  • ['The appeal is dismissed.' 'Major Project Application 10_0017 as amended for the addition of 44 berths to the existing Dolans Bay Marina together with associated works is determined by refusal.' 'The exhibits, other than Exhibits 1, 21, 30, M, S, and T, are returned.']