Lasotav Pty Ltd v Sutherland Shire Council [1989] NSWLEC 206

Lasotav Pty Ltd v Sutherland Shire Council [1989] NSWLEC 206

Development consent was refused because the proposed expansion of the Como Marina would make the marina the dominant visual feature of the cove, adversely affect the scenic quality and amenity of the public reserve and tidal baths, and would more probably than not increase copper contamination affecting nearby oyster leases, thereby damaging the oyster industry.

Jurisdiction
Australia
Judgment Date
15 June 1989
Procedural Posture
Appeal Pursuant to S.97 of the Environmental Planning and Assessment Act Against Refusal of Development Consent / Judgment After Hearing
Outcome
Application dismissed; each party to pay its own costs.
Legal Topics
['marina Redevelopment' 'designated Development' 'environmental Impact Statement' 'visual Impact' 'amenity of Tidal Baths' 'oyster Leases' 'copper Pollution From Anti Fouling Paints']
['environmental Planning' 'land and Environment' 'development Consent'] ['marina Redevelopment' 'designated Development' 'environmental Impact Statement' 'visual Impact' 'amenity of Tidal Baths' 'oyster Leases' 'copper Pollution From Anti Fouling Paints']

Case Brief

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Procedural Posture

Appeal Pursuant to S.97 of the Environmental Planning and Assessment Act Against Refusal of Development Consent / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed marina redevelopment would have an unacceptable visual impact on the locality' 'Whether the proposal would adversely affect the adjacent public tidal baths' 'Whether copper from anti-fouling agents associated with marina use would adversely affect oyster leases in the Georges River' 'Whether the plans were adequate in design, including depths and compliance with Marina Guidelines']

Ratio Decidendi

Development consent was refused because the proposed expansion of the Como Marina would make the marina the dominant visual feature of the cove, adversely affect the scenic quality and amenity of the public reserve and tidal baths, and would more probably than not increase copper contamination affecting nearby oyster leases, thereby damaging the oyster industry.

Court Disposition

Application dismissed; each party to pay its own costs.

Orders

  • ['The application is dismissed.' 'Each party is to pay its own costs.' 'The exhibits may be returned.']