Land and Environment Court of New South Wales CITATION : Bromfield v Gosford City Council [2005] NSWLEC 418 APPLICANT Keith Bromfield 1st RESPONDENT Gosford City Council PARTIES : 2nd RESPONDENT Minister for Primary Industries FILE NUMBER(S) : 10223 of 2005 CORAM: Nott C Development Application :- Jetty projecting out from applicant's property - amended plan to protect seagrass - appeal upheld KEY ISSUES: LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 DATES OF HEARING: 01/08/2005 EX TEMPORE JUDGMENT DATE : 08/01/2005 APPLICANT Mr J. Hancock, agent LEGAL REPRESENTATIVES: 1st RESPONDENT Mr A. Ford, solicitor employed by the council 2nd RESPONDENT Mr D. Holmes, solicitor employed by the Department of Primary Industries JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Nott C 1 August 2005 10223 of 2005: Keith Bromfield v Gosford City Council & Minister for Primary Industries [2005] NSWLEC 418 JUDGMENT 1 This is an appeal against the council's refusal of a development application for a jetty projecting out from the property at 5 Albany Street, Point Frederick. 2 After lodgement of the appeal, the plans were amended, and the proposal is now acceptable to both respondents. There was one of objection to the development. However, having regard to the statement of basic facts and other material on the Court file, I am of the opinion that it is appropriate to endorse the agreement of the parties. In particular, I note that the location of the proposed jetty has been changed to the northern side of the applicant's land, and the jetty will not be constructed over Posidonia australis seagrass. This seagrass does not readily recolonise areas that have been harmed. 3 Part of the jetty will be constructed over Zostera capricornii, but the walkway of this part of the jetty will be made of expanded mesh that will enable light to penetrate to the Zostera beds—and this is an acceptable to the Minister. 4 It is common in this part of Brisbane Water for a private waterfront property to have a jetty. The proposed jetty extends over the water to a lesser extent than the jetty immediately to its north. 5 Accordingly, the orders of the Court are by consent that: 1. The appeal is upheld. 2. Development consent is granted for a jetty projecting out from the property at lot 17 DP 978531 known as 5 Albany Street, Point Frederick, subject to the conditions in Attachment 1 to this order. 3. Each party is to pay his or its own costs. 4. Exhibits A and B are to be retained. _____________ A J Nott Commissioner of the Court ljr DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.