Royal Motor Yacht Club of New South Wales Port Hacking Branch v Sutherland Shire Council [2024] NSWLEC 1355

Land and Environment Court New South Wales

Medium Neutral Citation: Royal Motor Yacht Club of New South Wales Port Hacking Branch v Sutherland Shire Council [2024] NSWLEC 1355 Hearing dates: 29, 30 January and 2 April, 2024 Date of orders: 26 June 2024 Decision date: 26 June 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: 1) The Appeal is dismissed. 2) Modification Application No. MA21/0070 to extend the existing floating marina and associated development on leased Crown land adjacent to 228-232 Woolooware Road, Burraneer, is refused. 3) Exhibits 8 and A are retained. The rest are returned to the parties. Catchwords: MODIFICATION APPLICATION expansion of existing marina – significance of existing waterway lease – navigation implications – implications for public's on-the-water experience – intergenerational equity – potential beneficial outcomes – balancing public and private interests Legislation Cited: Coastal Management Act 2016 ss 2.10, 2.12 Environmental Planning and Assessment Act 1979 ss 4.15, 4.55, 8.9, 8.15 Protection of the Environment Administration Act 1991 s 6 NSW Marine Safety Regulation cll 39, 40 State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 2, s 2.10 Sutherland Shire Local Environmental Plan 2015 cll 2.3, 6.9 Cases Cited: Aitchison v Leichhardt Municipal Council [2002] NSWLEC 226 Stannards Marine Pty Ltd v North Sydney Council [2022] NSWLEC 99 [274] Texts Cited: Sutherland Development Control Plan, Ch 10 Category: Principal judgment Parties: Royal Motor Yacht Club of New South Wales Port Hacking Branch (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) J Cole (Solicitor)(Respondent)