Harbour Port Constructions Pty Limited v Sutherland Shire Council [2006] NSWLEC 446

Harbour Port Constructions Pty Limited v Sutherland Shire Council [2006] NSWLEC 446

The need for fender piles was not sufficiently established according to clause 10.1(f) of the DCPWD. The proposed fender piles would adversely impact the scenic value and character of the waterfront, and approval would set an undesirable precedent.

Parties
Applicant: Harbour Port Constructions Pty Limited; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
21 July 2006
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Development Application, Modification of Consent, Environmental Impact, Scenic Value, Visual Impact, Precedent in Planning Law
Planning and Environment Development Application Modification of Consent Environmental Impact Scenic Value Visual Impact Precedent in Planning Law

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Parties

Harbour Port Constructions Pty Limited

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the need for fender piles has been sufficiently established under clause 10.1(f) of the DCPWD
  2. 2 Whether the fender piles would adversely impact the scenic value and character of the waterfront
  3. 3 Whether approving the fender piles would set an undesirable precedent

Ratio Decidendi

The need for fender piles was not sufficiently established according to clause 10.1(f) of the DCPWD. The proposed fender piles would adversely impact the scenic value and character of the waterfront, and approval would set an undesirable precedent.

Court Disposition

appeal dismissed

Orders

  • The appeal under s 96(6) of the Environmental Planning and Assessment Act 1979 is dismissed.
  • Modification application No MA 05/0173 to modify development application No DA 04/1968 and erect two fender piles is refused consent.