Addenbrooke Pty Ltd v Woollahra Municipal Council (No 2) [2009] NSWLEC 134

Land and Environment Court of New South Wales

CITATION : Addenbrooke Pty Ltd v Woollahra Municipal Council (No 2) [2009] NSWLEC 134 This decision has been amended. Please see the end of the judgment for a list of the amendments.

10004 of 2009 APPLICANT: Addenbrooke Pty Ltd

FIRST RESPONDENT: Woollahra Municipal Council

SECOND RESPONDENT: Sydney Harbour Foreshores Committee

PARTIES : 10005 of 2009 APPLICANT: Addenbrooke Pty Ltd

FIRST RESPONDENT: Woollahra Municipal Council

SECOND RESPONDENT: Sydney Harbour Foreshores Committee

THIRD RESPONDENT: Ktut Arya & Ors

FILE NUMBER(S) : 10004 of 2009; 10005 of 2009

CORAM: Biscoe J

KEY ISSUES: DEVELOPMENT APPLICATION :- appeal - development of adjacent marinas at Rose Bay and Point Piper on Sydney Harbour - planning considerations - visual impact - conditional consent granted for Rose Bay Marina proposal except for eastern arm and certain berths - conditional consent granted for Point Piper Marina proposal as changed at the hearing - conditions include maximum height for berthed boats

Environmental Planning and Assessment Act 1979, ss 79C, 80, 80A(1), 83A - 83D Environmental Planning and Assessment Regulation 2000, cll 94, 95 LEGISLATION CITED: Interpretation Act 1987, s 35(2)(a) Sydney Harbour Foreshores & Waterways Area Development Control Plan for SREP (Sydney Harbour Catchment) 2005, cll 3, 4, Appendix D Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 2, 17, 22, 24, 25, 26, 27, 59, Pt 3 Div 2