Siruse Pty. Limited v. Warringah Shire Council [1989] NSWLEC 186

Land and Environment Court of New South Wales

CITATION : Siruse Pty. Limited v. Warringah Shire Council [1989] NSWLEC 186 APPLICANT Siruse Pty. Ltd PARTIES : RESPONDENT Warringah Shire Council FILE NUMBER(S) : 10408 of 1988 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Environmenatl Planning and Assessment Act CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 05/01/1989

APPLICANT LEGAL REPRESENTATIVES: Mr Caldwell

JUDGMENT:

His Honour: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act by Siruse Pty Limited against the decision of the Warringah Shire Council refusing development consent for extensions to an existing marina and shore based facilities at Marina Quays, 1856 Pittwater Road, Church Point. The development application was lodged in July 1987 and was accompanied by an Environmental Impact Statement as required by the legislation. The application was advertised and Council received fifty four letters of submission by way of opposition. On 13 December 1988, the Council refused development consent for a number of stated reasons some of which have since been abandoned. On the 23 August 1988, the Developer appealed to the Court. Pursuant to s 97 of the Act, a number of persons who made submissions by way of objections became parties to the appeal. They refer to themselves, collectively, as the Bayview Church Point Progress Association. Their views have been placed before the Court by an offic er of the Association, Mr Fulton.

The present development consists of a shore based work area, engine shop, store office, private office, show room, ship chandlery shop, snack bar and shop store. The zoning precludes certain commercial uses including a restaurant but it is acknowledged by the Council that the present snack bar is protected by s 107 of the Act. The present marina presently accommodates 64 boats and has commercial occupation licences for 79 swing moorings located in the near vicinity.