Royal Prince Edward Yacht Club v Woollahra Municipal Council [2021] NSWLEC 1363

Land and Environment Court New South Wales

Medium Neutral Citation: Royal Prince Edward Yacht Club v Woollahra Municipal Council [2021] NSWLEC 1363 Hearing dates: 15 June 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 563/2018 for alterations and additions to an existing ramp and pontoon, on land below the mean high water mark and adjacent to 160 Wolseley Road, Point Piper, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1, 3, A and F, are returned. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures, retention of the existing jetty and construction of a new ramp and pontoon – consent orders – resident objectors Legislation Cited: Disability Discrimination Act 1992 Environmental Planning and Assessment Act 1979, Div 4.8, ss 4.47, 8.7, 8.15 Fisheries Management Act 1994, s 205 Land and Environment Court Act 1979, s 34 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 2, 3, 5, 17, 18, 21, 22, 23, 24, 25, 26, 29, 63, Sch 2 Woollahra Local Environmental Plan 2014, Sch 5 Cases Cited: Royal Motor Yacht Club (Broken Bay) Pty Ltd v Northern Beaches Council [2017] NSWLEC 56 Texts Cited: Land and Environment Court, Practice Note, Class 1 Development Appeals Sydney Harbour Foreshores and Waterways Area Development Control Plan Category: Principal judgment Parties: Royal Prince Edward Yacht Club (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) J Hewitt (Solicitor) (Respondent)