Bizon S v Lake Macquarie City Council [2004] NSWLEC 129

Land and Environment Court of New South Wales

CITATION : Bizon S v Lake Macquarie City Council [2004] NSWLEC 129 APPLICANT Stan Bizon & Associates PARTIES : RESPONDENT Lake Macquarie City Council FILE NUMBER(S) : 10881 of 2003 CORAM: Hussey C KEY ISSUES: Development Application :- Seawall and boat ramp - principles for location - SEPP 1 objection to foreshore building line LEGISLATION CITED: Hunter Regional Environmental Plan 1989 Lake Macquarie Local Environment Plan 1984 CASES CITED: DATES OF HEARING: 22 - 23/03/04 DATE OF JUDGMENT: 03/23/2004

APPLICANT Mr S Brockwell, barrister SOLICITORS LEGAL REPRESENTATIVES: Sparke Helmore

RESPONDENT Mr G Long, solicitor

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10881 of 2003 Hussey C 23 March 2004 Stan Bizon and Associates Applicant

v Lake Macquarie City Council Respondent Judgment

Background

1. This appeal is against council's refusal of a development application for a seawall along the lake frontage to Lots 4 and 5, Nos. 108A and 110 Sky Point Road, Coal Point.

Proposal 2. The proposed development involves the construction of the seawall approximately 47 m long from the northern boundary of Lot 5, where it is to be connected to an existing stormwater pipeline headwall, and extending to the southern boundary of Lot 4 where it has a 3 m return wing.

3. The sea wall is to be located along the Mean High Water Mark and it ranges in height from approximately 770 mm to 900 mm at the natural level along this Mean High Water Mark.