Rose Bay Marina Pty Limited v Woollahra Municipal Council and anor [2013] NSWLEC 1046

Rose Bay Marina Pty Limited v Woollahra Municipal Council and anor [2013] NSWLEC 1046

The adverse visual impact of the proposed Arm C on public domain views from the Rose Bay Promenade would not be minimised and is inconsistent with the planning objectives of the relevant zone under the Sydney Regional Environmental Plan. The qualitative change from dynamic swing mooring outlooks to a regimented, blocked view cannot be justified, and the proposal fails both regional plan and DCP requirements. However, additional berths on Arm A do not cause unacceptable visual or navigational impacts and may be approved subject to specified conditions.

Jurisdiction
Australia
Judgment Date
20 March 2013
Procedural Posture
Class 1 Merit Appeal / Judgment After Hearing
Outcome
Partial approval; Arm C refused, additional Arm A berths approved with conditions.
Legal Topics
['view Impact' 'public Domain Views' 'development Control' 'visual Impact Assessment']
['planning and Environment'] ['view Impact' 'public Domain Views' 'development Control' 'visual Impact Assessment']

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Procedural Posture

Class 1 Merit Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed Arm C of the Rose Bay Marina should be approved having regard to its impact on public domain views and relevant planning controls' 'Whether additional berths on Arm A should be approved']

Ratio Decidendi

The adverse visual impact of the proposed Arm C on public domain views from the Rose Bay Promenade would not be minimised and is inconsistent with the planning objectives of the relevant zone under the Sydney Regional Environmental Plan. The qualitative change from dynamic swing mooring outlooks to a regimented, blocked view cannot be justified, and the proposal fails both regional plan and DCP requirements. However, additional berths on Arm A do not cause unacceptable visual or navigational impacts and may be approved subject to specified conditions.

Court Disposition

Partial approval; Arm C refused, additional Arm A berths approved with conditions.

Orders

  • ['Arm C and its access walkway to be deleted from the marina proposal.' 'Conditional approval for additional berths on Arm A, subject to removal of a specified pontoon and restriction on the use of two southernmost berths unless a 20m clearance is ensured from any vessel on the nearby swing mooring.' 'Applicant to...