Lasotav Pty Ltd v Sutherland Shire Council [1989] NSWLEC 206

Land and Environment Court of New South Wales

CITATION : Lasotav Pty Ltd v Sutherland Shire Council [1989] NSWLEC 206 APPLICANT Lasotav Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 10611 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Pure Foods Act Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 06/15/1989

APPLICANT LEGAL REPRESENTATIVES: Mr. Neustein

JUDGMENT:

Heavy metal and saccostrea commercialis

This is an appeal by Lasotav Pty. Ltd. pursuant to s.97 of the Environmental Planning and Assessment Act against the decision of the Sutherland Shire Council on 14 July 1988 to refuse development consent to the redevelopment of the Como Marina to create a 72 berth marina.

The site of the proposed development is at No. 2 Cremona Road which lies just to the east of the railway bridge which crosses the Georges River at Como. The existing marina is on the southern shore of the river immediately downstream from its confluence with the Woronora River.

The proposal is designated development under the Act. An Environmental Impact Statement (EIS) was prepared by Macdonald Wagner Pty. Ltd. and exhibited between 17 March 1988 and 18 April 1988. The application was advertised on two occasions in March 1988. Some 27 objections were received by the Council from local residents and organisations as well as a petition with 482 signatures opposing the application. Additionally, the application was opposed by the Oyster Farmers Association.

Zoning

The land based component of the marina is zoned Open Space 6(a) Recreation under the Sutherland Planning Scheme Ordinance. The erection of buildings or the carrying out of works for the purpose of marinas is prohibited but existing use rights exist. Marina operations have been conducted on the site for many years and no appreciable expansion of the land based activities is proposed. The waterways of the Georges River are zoned 7(a) Waterways under the Planning Scheme and marinas are a permissible use with consent. The existing 24 berth marina on the site was approved by the Council in 1977. There are presently 16 swing moorings adjacent to the marina and it is proposed that these moorings be removed to free up water for the proposed 72 berth marina.