Macquarie Leisure Operations v Woollahra Municipal Council [2008] NSWLEC 1438

Macquarie Leisure Operations v Woollahra Municipal Council [2008] NSWLEC 1438

The proposed four additional berths were permissible with consent and were consistent with the relevant aims and W5 Water Recreation zone objectives. In the existing marina and Rushcutters Bay context, the likely visual impact and view loss were acceptable. On navigability, the Court accepted the evidence of the New South Wales Maritime officer that, with a maximum vessel beam condition of 9 m for arms C and D, fair and equitable access would remain despite a reduction in the fairway width. Parking was satisfactorily addressed by two additional spaces, and broader complaints about the existing marina and prior consents were outside the scope of the application. The appeal was therefore...

Jurisdiction
Australia
Judgment Date
16 October 2008
Procedural Posture
Appeal Against Refusal of Development Application DA 753/2007/1 / Judgment
Outcome
Appeal upheld; development application approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'marina Berths' 'navigability' 'visual Impact' 'sydney Harbour Catchment Planning Controls' 'conditions of Consent']
['environmental and Planning Law'] ['development Application' 'marina Berths' 'navigability' 'visual Impact' 'sydney Harbour Catchment Planning Controls' 'conditions of Consent']

Case Brief

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Procedural Posture

Appeal Against Refusal of Development Application DA 753/2007/1 / Judgment

Legal Issues

  1. 1 ["Whether the proposed four additional berths at the existing d'Albora Marina would have unacceptable visual impact." 'Whether the proposed berths would unacceptably reduce navigability or fairway access in Rushcutters Bay.' 'Whether parking concerns or the operation of the existing marina were within the scope of the development application.' 'Whether disputed consent conditions should be imposed, amended or deleted.']

Ratio Decidendi

The proposed four additional berths were permissible with consent and were consistent with the relevant aims and W5 Water Recreation zone objectives. In the existing marina and Rushcutters Bay context, the likely visual impact and view loss were acceptable. On navigability, the Court accepted the evidence of the New South Wales Maritime officer that, with a maximum vessel beam condition of 9 m for arms C and D, fair and equitable access would remain despite a reduction in the fairway width. Parking was satisfactorily addressed by two additional spaces, and broader complaints about the existing marina and prior consents were outside the scope of the application. The appeal was therefore...

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' "DA 753/2007/1 for the provision of four additional berths at the existing d'Albora Marina at 1B New Beach Road, Darling Point is approved subject to the conditions in Annexure A." 'The exhibits are returned with the exception of exhibit B.']