Harbour Port East Coast Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1683

Land and Environment Court New South Wales

Medium Neutral Citation: Harbour Port East Coast Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1683 Hearing dates: 23-24 May 2023, 26 July 2023 Date of orders: 13 November 2023 Decision date: 13 November 2023 Jurisdiction: Class 1 Before: Gray C Decision: In proceedings 2022/353257, the Court orders that: (1) The appeal is dismissed. (2) The development application for the construction of a shared access way, jetty and sea stairs, located at the prolongation of the boundary between 36 and 38 Woodlands Road, Taren Point (DA21/1085) is refused. In proceedings 2022/353258, the Court orders that: (1) The appeal is dismissed. (2) The development application for the construction of a shared access way, jetty and sea stairs, located at the prolongation of the boundary between 28 and 30 Woodlands Road, Taren Point (DA21/1062) is refused. The orders of the Court, as amended on 07 December 2023, are as follows: In proceedings 2022/353256, the Court orders that: (1) The appeal is dismissed. (2) The development application for the construction of a shared access way, jetty and sea stairs, located at the prolongation of the boundary between 52A and 54 Woodlands Road, Taren Point (DA21/1164) is refused. (3) Exhibits D, 1, 4 and 7 are returned, and remaining exhibits are retained. Catchwords: APPEAL – three development applications for jetties – impact on public access to the beach and foreshore – visual impact – precedent Legislation Cited: Coastal Management Act 2016 ss 4, 5, Sch 3 cl 4 Coastal Protection Act 1979 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000 cll 49, 50, 55 Environmental Planning and Assessment Regulation 2021, ss 23, 24, 39, Sch 6 s 3 Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment 1999 Interpretation Act 1987 s 30A State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 11, ss 6.7, 6.9, 6.65, 11.7, 11.8 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.2, 2.10, 2.11, 2.13 Sutherland Shire Local Environmental Plan 2015 (Amendment No 23) Sutherland Shire Local Environmental Plan 2015 cll 1.8A(2A), 6.5, 6.7, 6.8, 6.9, 6.16, Cases Cited: Becton Corporation Pty Limited v Minister for Infrastructure, Planning and Natural Resources & Anor [2005] NSWLEC 197 BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Botany Bay City Council v Remath Investments No. 6 Pty Limited (2000) 111 LGERA 446; [2000] NSWCA 364 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Hinkler Ave 1 Pty Limited v Sutherland Shire Council [2023] NSWCA 264 Mobil Oil Australia Ltd v Baulkham Hills Shire Council (No 2) 1971 28 LGRA 374 Rose Bay Marina Pty Ltd v Minister for Urban Affairs and Planning (2002) 122 LGERA 255; [2002] NSWLEC 123 Royal Motor Yacht Club v Sutherland Shire Council (Land and Environment Court of New South Wales, 26 June 1987, unreported) Stafford Quarries Pty Ltd v Kempsey Shire Council (1992) 76 LGRA 52 Wharf 11 Pry Ltd v Sydney City Council (Land and Environment Court of New South Wales, 15 February 1991, unreported) Texts Cited: Georges River Estuary Coastal Zone Management Plan, July 2013 Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Harbour Port East Coast Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Astill (Applicant) J Cole (Solicitor) (Respondent)