Harbour Port Construction Pty Ltd v Sutherland Shire Council [2007] NSWLEC 696

Land and Environment Court of New South Wales

CITATION : Harbour Port Construction Pty Ltd v Sutherland Shire Council [2007] NSWLEC 696

APPLICANT Harbour Port Construction Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10566 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- Construction of a watercraft facility, removal of existing waterfront structures, circumstances of case.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sutherland Shire Local Environmental Plan 2006

CASES CITED: Kilpatrick v Sutherland Council ; Appeal No 11003 of 1995 (7 August 1996)

DATES OF HEARING: 16-17/10/2007

DATE OF JUDGMENT: 26 October 2007

APPLICANT Mr S. Kondilios, solicitor of Maddocks Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr J. Cole, solicitor of Home Wilkinson Lowry, Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

26 October 2007

10566 of 2007 Harbour Port Construction Pty Ltd v Sutherland Shire Council

JUDGMENT Background. 1 This appeal is against council's refusal of a development application for the construction of a watercraft facility consisting of a jetty, ramp and pontoon, attached to a reclamation located below MHWM adjoining a residential property at No 22B Naranganah Avenue, Gymea Bay.

2 The land comprising this application is the residential Lot 37 DP 13581 (No 22B) Naranganah Avenue, Gymea Bay, together with the adjacent waterfront area – part of which is reclamation area. The reclamation has an area of 94.2 sq m and is the subject of a licence from the Department of Lands.