Clipper’s Anchorage Pty Ltd trading as Soldiers Point Marina v Port Stephens Council [2024] NSWLEC 1087

Land and Environment Court New South Wales

Medium Neutral Citation: Clipper's Anchorage Pty Ltd trading as Soldiers Point Marina v Port Stephens Council [2024] NSWLEC 1087 Hearing dates: 5-8 February 2024 Date of orders: 29 February 2024 Decision date: 29 February 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is dismissed. (2) Development application no. DA 16-2019-8-1 for alterations and additions to existing Marina (construction of two-storey addition comprising members' lounge, gymnasium, pool, spa, pool lounge, patio, decking, amenities, storage and plant rooms), landscaping, site preparation works including partial demolition of existing slipway and earthworks on lands known as Lot 539 DP823769, Lot 321 DP 636840, Lot 322 DP 636840, Lot 2071 DP 852662, Lot 1 DP 1058490, being 2A Ridgeway Avenue, 2C Ridgeway Avenue, 2E Ridgeway Avenue, 9 Mitchell Street and 2A Sunset Boulevarde, Soldiers Point; valet car parking facility at Lot 3 SP 59025 being 3/324 Soldiers Point Road, Soldiers Point, is determined by refusal of consent. (3) The exhibits are returned except for A, B, C, F, G, J, K and 4. Catchwords: APPEAL – development application – alterations and additions to existing Marina – adequacy of parking assessment – insufficient evidence – public interest Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15 Port Stephens Local Environmental Plan 2013, cll 4.3, 4.6 Texts Cited: Port Stephens Development Control Plan 2014 Category: Principal judgment Parties: Clipper's Anchorage Pty Ltd trading as Soldiers Point Marina (Applicant) Port Stephens Council (Respondent) Representation: Counsel: A Galasso SC / M Harker (Applicant) J Reid (Respondent)