NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Double Bay Marina v Woollahra Council [2009] NSWLEC 1001
Applicant: Double Bay Marina Pty Ltd
PARTIES : Respondent: Woollahra Municipal Council
Objectors: Elizabeth Tudehope and others
FILE NUMBER(S) : 10498 of 2008
CORAM: Roseth SC
KEY ISSUES: DESIGNATED DEVELOPMENT - DEVELOPMENT APPLICATION :- visusal impact of marina; planning principle: discerning the public interest
CASES CITED: Corporate Affairs Commission (SA) anor v Australian Central Credit Union 157 CLR 201-214 at 208
DATES OF HEARING: 15-19 December 2008
DATE OF JUDGMENT: 9 January 2009
Applicant: Mr C McEwen SC and Mr M Staunton, barrister instructed by Mr N Howie, solicitor of Wilshire Webb Staunton Beattie LEGAL REPRESENTATIVES: Respondent: Mr B Coles QC and Mr S Flanigan, barrister instructed by Ms V McGrath, solicitor of Deacons Objectors: Ms E Tudehope and 12 others: Mr P Clay, barrister instructed by Mr M McMahon, solicitor; Mr N Pongrass self-represented
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC
9 January2009
10498 of 2008 Double Bay Marina Pty Ltd v Woollahra Municipal Council (Respondent) Elizabeth Tudehope and others (Objectors)
JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Woollahra Municipal Council (the council) of a development application to redevelop the existing marina at Castra Place, Double Bay.
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