Shein v The Minister Administering the Ports & Maritime Act 1995 [2008] NSWLEC 1158

Land and Environment Court of New South Wales

CITATION : Shein v The Minister Administering the Ports & Maritime Act 1995 [2008] NSWLEC 1158

APPLICANT C Shein PARTIES : RESPONDENT The Minister Administering the Ports & Maritime Act 1995

FILE NUMBER(S) : 10743 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- Shipway - Visual and ecological impacts

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 1995

BGP Properties Pty Ltd v Lake Macquarie Municipal Council [2004] 399 CASES CITED: Super Studio v Waverley Council [2004] NSWLEC 91 Pafburn v North Sydney Council [2005] NSWLEC 444

DATES OF HEARING: 28/03/2009

DATE OF JUDGMENT: 6 May 2008

APPLICANT Mr C. Ireland, barrister Instructed by Mr M. Page of Page Partners LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Simmington, solicitor of Lindsay Taylor Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

6 May 2008

10743 of 2007 C Shein v The Minister Administering the Ports & Maritime Act 1995

JUDGMENT

Background 1 Ms Shein has appealed against the Minister's refusal of a development application for a slipway at 13 Coolong Road, Vaucluse.

2 The issues identified for the appeal concern: o Impact on natural assets, particularly the natural rock platform and sea grass beds. o Impact on scenic views. o Impact on future intertidal public access. The site 3 The site comprises part of No 13 Coolong Road and part of the bed of Vaucluse Bay abutting No 13. It has a water frontage of approximately 22.5m. There is a rock platform spanning the land/water/interface, which abuts an intertidal sandy beach. The sub-tidal seabed is mainly sand and is vegetated by sea grasses.