Written by In the recent case of s Enares Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1375 the NSW Land and Environment Court refused a marina development proposal.
Ensnares operates the Gladesville Bridge Marina, which sits between the Gladesville Bridge and Five Dock Point in Sydney Harbour. They proposed a marina expansion to increase the number of permanent berths for vessels from 55 to 109.
The specific plans for development are shown in the images below:
The development was subject to the State Environmental Planning Policy (Biodiversity and Conservation) 2021 and the Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005 as a foreshore and waterway area. Both of these pieces of legislation consider ‘foreshore and waterways scenic quality’ as well as ‘maintenance, protection and enhancement of views,’ amongst the other planning principles.
The Court found that the proposed marina would be a ‘visually intrusive, negative factor’ that would be ‘incompatible with the existing character of the embayment’ because the view would not longer be available form a considerable area of the waterway.
The court also considered whether there was a public demand for boating-related services and facilities, but found that these activities would not trump other planning ambitions related to the higher order goal of protecting, enhancing and maintaining the foreshores and waterways of Sydney Harbour as an outstanding natural and public asset.’