Enares Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1375

Land and Environment Court New South Wales

Medium Neutral Citation: Enares Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1375 Hearing dates: 12-13, 16-18 May 2022 Date of orders: 19 July 2022 Decision date: 19 July 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Appeal is dismissed. (2) Development Application No. 2019/0380 for alterations and additions to a marina at 380 Victoria Place, Drummoyne (Lot 1 in DP 549352, Lot 1 in DP 430123 and Lot B in DP 410843) and adjoining area within the waterway of the Parramatta River within Part of Volume 5081 in Folio 1, is refused. (3) The following exhibits are returned: Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, D, F, G, H, J, K, L, M, N, O, P. The remaining exhibits are retained. Catchwords: DEVELOPMENT APPLICATION – expansion of existing marina – visual impact – public vs private interests – demand – parking – heritage conservation Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 2.5, 6.1, 6.2, 6.3, 6.4 6.13 Environmental Planning and Assessment Act 1979, ss 4.5, 4.10, 4.17, 4.46, 8.7, 8.15 Fisheries Management Act 1994 Protection of the Environment Operations Act 1997 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 10.1, 10.9, 10.11, 10.12, 10.13, 10.14, 10.15, 10.20, 10.22, 10.23, 10.24, 10.25 State Environmental Planning Policy (Planning Systems) 2021 State Environmental Planning Policy (State and Regional Development) 2011 Sydney Harbour Boat Storage Strategy 2013 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245 Rose Bay Marina Pty Limited v Woollahra Municipal Council and anor [2013] NSWLEC 1046 Tenacity Consulting v Warringah [2004] NSWLEC 140 Texts Cited: Sydney Harbour Boat Storage Strategy 2013 Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 Health of the Australian Marina Industry Survey 2021 Category: Principal judgment Parties: Enares Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: A Galasso SC and C Novak (Applicant) M Wright SC (Respondent)