Macquarie Leisure Operations v Woollahra Municipal Council [2008] NSWLEC 1438

Land and Environment Court of New South Wales

CITATION : Macquarie Leisure Operations v Woollahra Municipal Council [2008] NSWLEC 1438

APPLICANT Macquarie Leisure Operations Limited PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10712 of 2008

CORAM: Brown C - Taylor C

KEY ISSUES: Development Application :- additional four berths to existing marina - navigability - visual impact

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

DATES OF HEARING: 15/10/08

DATE OF JUDGMENT: 16 October 2008

APPLICANT Mr A Galasso SC SOLICITORD DLA Phillips Fox LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Taylor C

16 October 2008

10712 of 2008 Macquarie Leisure Operations Limited v Woollahra Municipal Council

JUDGMENT

1 COMMISSIONERS: This is an appeal against a refusal of DA 753/2007/1 by Woollahra Municipal Council (the council) for the provision of four additional berths at the existing d'Albora Marina at 1B New Beach Road, Darling Point (the site).

2 The issues in dispute relate to reduced navigability and visual impact of the additional berths. When advertised, the proposed development attracted 87 objections based on the council's Statement of Facts and Contentions. Additional issues raised by residents relate to parking and traffic issues and the current operation of the marina.