NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Royal Motor Yacht Club NSW Port Hacking v Sutherland Shire Council [2008] NSWLEC 1126
APPLICANT Royal Motor Yacht Club NSW Port Hacking PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 10483 of 2007
CORAM: Hussey C
KEY ISSUES: Development Application :- Marina replacement, size scale of marina, visual impacts, scene quality, navagabity, coastal environment, public interest
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 71 -Coastal Protection Sutherland Shire Local Environmental Plan 2000 Sutherland Shire Local Environmental Plan 2006
DATES OF HEARING: 27-28/09/2007, 02/10/2007, 19/10/2007, 13/12/2007, 16-17/01/2008
DATE OF JUDGMENT: 31 March 2008
APPLICANT Mr P. Tomasetti, SC instructed by Mr J. Hannaford of Hannaford Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr J. Cole, solicitor instructed by Mr Ph. Brown of Home Wilkinson Lowry Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
31 March 2008
10483 of 2007 Royal Motor Yacht Club NSW Port Hacking v Sutherland Shire Council
JUDGMENT Background. 1 RMYC has appealed against Council's refusal of a development application for the demolition of an existing 57 berth marina and the construction of a new 74 berth floating pontoon marina and associated parking located at the Port Hacking Royal Motor Yacht Club. The club is located at 228 – 232 Woolooware Road, Burraneer.
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