Rose Bay Marina Pty Ltd v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Rose Bay Marina Pty Ltd v Woollahra Municipal Council [2015] NSWLEC 1143 Hearing dates:8 April 2015Date of orders: 13 May 2015 Decision date: 13 May 2015 Jurisdiction:Class 1Before: Tuor C Decision: 1. The appeal is upheld;2. Modification Application No. 682/2008/3 to modify Development Consent No. 682/2008 for the redevelopment of Rose Bay Marina at 594-596 New South Head Road, Rose Bay, is determined by approving the modifications as set out in Annexure A;3. As a consequence of order (2), Development Consent No. 682/2008 is now subject to the consolidated, modified conditions of development consent set out in Annexure B; and4. The exhibits, except Exhibits 3 and B, may be returned. Catchwords: DEVELOPMENT CONSENT: modify development consent to increase the approved boat length from 30m to 37m for four berths at the northern end of Arm B. Visual impact. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council (No.2) [2009] NSWLEC134 Rose Bay Marina Pty Limited v Woollahra Municipal Council and anor [2013] NSWLEC 1046 Category:Principal judgmentParties: Rose Bay Marina Pty Ltd (Applicant) Woollahra Council (Respondent) Representation: Counsel: Mr S Flanigan (Respondent) Solicitors: Mr G Green of Pikes & Verekers Lawyers (Applicant) Ms V Mcgrath of Norton Rose Fulbright (Respondent) File Number(s):10956 of 2014Judgment This is an appeal under s 97AA of the Environmental Planning and Assessment Act 1979...