H & J Standen Pty Limited v Minister for Planning and Infrastructure & Sutherland Shire Council [2012] NSWLEC 1365

Land and Environment Court New South Wales

Medium Neutral Citation: H & J Standen Pty Limited v Minister for Planning and Infrastructure & Sutherland Shire Council [2012] NSWLEC 1365 Hearing dates: 17 to 20 December 2012 Decision date: 21 December 2012 Jurisdiction: Class 1 Before: Moore SC O'Neill C Decision: 1.The appeal is dismissed; 2.Major Project Application 10_0017 as amended for the addition of 44 berths to the existing Dolans Bay Marina together with associated works is determined by refusal; and 3.The exhibits, other than Exhibits 1, 21, 30, M, S, and T, are returned. Catchwords: Competing public benefits; view loss; parking; navigation hazards Legislation Cited: Environmental Planning and Assessment Act 1979 Sutherland Shire Local Environmental Plan 2006 Cases Cited: Stockland Development Pty Limited v Manly Council [2004] NSWLEC 472 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Terrace Tower Holdings Pty Limited v Sutherland Shire Council [2003] NSWCA 289 Category: Principal judgment Parties: H & J Standen Pty Limited (Applicant) Minister for Planning and Infrastructure (First Respondent) Sutherland Shire Council (Second Respondent) Representation: Mr I Hemmings (Applicant) Mr M Staunton (First Respondent) Mr M Wright (Second Respondent) Solicitors Hones La Hood (Applicant) Department of Planning (First Respondent) Sutherland Shire Council (Second Respondent) File Number(s): 10451 of 2012