Rose Bay and Point Piper Marinas

The Court's decison

The Land & Environment Court handed down its decisons on 18/8/09 in relation to the appeals by Addenbrooke P/L against our refusal of the proposed developments. Justice Biscoe's judgement effectively approves the redevelopment of both marinas but subject to important conditions. These conditions include:

  • deleting the eastern arm of the Rose Bay marina - the eastern arm was to accommodate 27 berths
  • deleting 4 berths from the middle arm and 2 berths from the western arm of the Rose Bay marina
  • limiting the maximum height of boats to 6m except for 4 x 30m berths at the end of the Rose Bay marina where the maximum height will be 7m
The judgement, at paragraph 11, also details changes that were made to the Point Piper marina during the course of the Court hearing. The judgement states that the matter will be listed for the Judge to make final orders at 9am on 25/8/09.

The Mayor of Woollahra Council, Cr Andrew Petrie is pleased that the Council's concerns about view loss, local outlook, the number of boat berths and the size and scale of the developments have been taken into some consideration by the Court.

"Basically the Court has ordered a scaled down version of the marina proposals, which will benefit local residents, waterway users and visitors to the area." the Mayor said.

"The marina proposals have understandably been very controversial." he said. 

"The community feel very strongly about the use of our Harbour, our waterways, navigation and safety issues, the environmental impact of the development and protectiong local views.

I think this case is a good example of the community becoming very active on an issue that will have a significant impact on the local landscape. Their voices have largely been heard."

Current status

At its meeting of 11 May 2009 the Council resolved to refuse both the DAs for the Point Piper and Rose Bay Marinas.

The refusals proceeded to hearing in the Land and Environment Court which had already been set down for hearing on the basis of a 'deemed' refusal (see below).

The hearing commenced on-site at Rose Bay on 15 June 2009 where the Court viewed the site and heard evidence form local residents and other interested parties.

The 3rd respondents in the Point Piper proceedings, comprisiong a number of Wunulla Road residents, made a disqualification application to the Court on the basis that there was an apprehension of bias. This was due to certain opinions which had been expressed by the Judge, Justice Biscoe, in previous proceedings regarding a earlier proposal to redevelop the marinas. The disqualification application was dismissed, see judgement.

The hearing of the appeals against our refusal of the DAs then continued from 16-19 June and on 26 & 29 June. At the conclusion of the hearing Justice Biscoe reserved his decision.

What was proposed?

Addenbrooke Pty Ltd submitted development applications (DAs) for the redevelopment of the Rose Bay & Point Piper marinas. These DAs follow an earlier proposal in 2006 to redevelop both marinas. That earlier proposal was the subject of an appeal by Addenbrooke to the Land and Environment Court against our deemed refusal of the DA. The Court dismissed Addenbrooke's appeal in relation to the earlier DA.

The previous redevelopment proposal was submitted as 1 DA for both marinas. The current proposals were submitted as 2 separate DAs, one for the Rose Bay mairna and the other one for the Point Piper marina.

Strategic and Corporate Committee meeting

Our Strategic and Corporate Committee met on 29/4/09 to consider reports on the DAs . The Committee's recommendation was that both DAs be refused (see 2009 Strategic and Corporate Agendas and Minutes).

Land & Environment Court Appeals

The applicant filed appeals in the Land & Environment Court in relation to both DAs. The grounds for the appeals is that the DAs have been 'deemed' to have been refused. Under planning laws an applicant may file an appeal if a DA has not been determined within a certain period of time.

Particulars of appeals

Rose Bay Marina Point Piper Marina
Applicant Addenbrooke Pty Ltd Addenbrooke Pty Ltd
Applicant's solicitors
Mallesons Stephen Jaques
Mallesons Stephen Jaques
1st respondent Woollahra Municipal Council Woollahra Municipal Council
1st respondent's solicitors
Deacons
Deacons
2nd respondent
Sydney Harbour Foreshores Committee
Sydney Harbour Foreshores Committee
3rd respondents

K&M Arya, P Duchen, H&R Finger, D Levin, V Newman
Court ref. no. 10004 of 09 10005 of 09
Hearing date 15-19 June 09 15-19 June 09
Class of appeal 1 1

On 28/1/09 we wrote to those people who objected to the proposals notifying them of the appeals and of their right to be heard at the hearing as if they were a party to the proceedings. A person wishing to be heard as if they were a party to the proceedings needed to apply to the Court within 28 days of the notice, i.e. by 25/2/09. 

Rose Bay Marina - DA Details

Description of the land on which the development is proposed to be carried out
594 New South Head Road
Rose Bay
Lot 1 DP 1014928

Name of applicant
Addenbrooke Pty Ltd

Consent authority
Woollahra Municipal Council
 
Description of the proposed development
DA682/2008/1
The proposed redevelopment of the Rose Bay Marina comprises:

  • Removal of all 29 existing fixed berths structures
  • Construction of 82 new floating marina berths including
  • Diesel storage for 25,000L
  • Retention of 37 commercial swing moorings
  • Relinquishment of 35 commercial swing moorings at the Rose Bay Marina
  • Relinquishment of 41 swing moorings at Point Piper Marina
  • New concrete hardstand
  • Upgraded fuel pumping facilities
  • Upgraded disability access
  • Provision of casual berthing facilities
  • Installation of a new electricity substation
  • New sewage pumpout facilities

The following table summarises the differences between boat storage at the Rose Bay marina as now proposed compared with the previous proposal and the existing situation.

Rose Bay marina

Current Proposal Previous Proposal Existing/allocated
Boat lengths

10m

-

10

 

15m

19

39

 

20m

54

63

 

25m

-

-

 

30m

9

8

 

37m

-

4

Marina berths

82

124

29

Swing moorings

37

10

72

Total boat storage

119

134

101


Point Piper Marina - DA Details

Description of the land on which the development is proposed to be carried out
5 Wunulla Road
Point Piper
Lot 10 DP 1021479

Name of applicant
Addenbrooke Pty Ltd 

Consent authority
Woollahra Municipal Council
 
Description of the proposed development
DA706/2008/1 

The proposed redevelopment of the Point Piper Marina comprises:

  • Removal of the fixed berth marina and timber jetty
  • Relinquishment of 35 commercial swing moorings
  • Construction of 35 new floating marina berths
  • Retention of 65 commercial swing moorings
  • New casual public berths
  • Upgraded power supply, including new substation
  • Provision of services to berths, including power, water and lighting
  • Fire fighting equipment
  • Construction of new fuel dispensing facilities
  • Construction of upgraded sewage pumpout facilities

The following table summarises the differences between boat storage at the Point Piper marina as now proposed compared with the previous proposal and the existing situation.

Point Piper marina

Current Proposal Previous Proposal Existing/allocated
Boat lengths

10m

7

7

 

15m

6

6

 

20m

13

13

 

25m

8

8

 

30m

1

1

 

37m

-

-

Marina berths

35

35

23

Swing moorings

65

5

100

Total boat storage

100

40

123

 

DA details relevant to both applications

The developments proposed by both development applications are designated development.

The development applications and documents accompanying them, including the environmental impact statements, may be inspected at:

  • Our Customer Services counter at 536 New South Head Road Double Bay between 8.30am and 4.30pm Monday to Friday
  • The Department of Planning’s offices at their Information Centre 23-33 Bridge Street Sydney between 9am and 5pm Monday to Friday
  • Double Bay Central Library 548 New South Head Road Double Bay between 10am and 8pm Monday to Friday and between 10am and 4pm Saturday and Sunday
The proposed developments are also integrated developments and the approvals required are:
  • Department of Environment and Climate Change – Protection of the Environment Operations Act 1997, section 43, ‘scheduled activity’ (DA682/2008/1, Rose Bay marina only)
  • Department of Water & Energy – Water Management Act 2000, controlled activity approval under Section 91 (both DAs)
  • Department of Primary Industries – Fisheries Management Act 1974, permit under Section 205 (both DAs)

Exhibition period 

The DAs were publicly exhibited from 20 November 2008 until 19 December 2008

    What documents are available?

    The applicant has submitted plans, Environmental Impact Statements (EISs) and supporting expert’s reports. For convenience you can access some of these documents below. A complete set of documents can be viewed from the Council's Customer Service Centre.

    Rose Bay marina 

    Point Piper marina 

    Information on the assessment process

    Information about the development application is available on the track a DA page, by entering either 682/2008 or 706/2008 in the DA number field under Application details.

     

     

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