Rose Bay and Point Piper Marinas

Modification applications

On 2 October 2009 we received applications to modify the development consents granted by the Court. We may make a decision on the modification applications although the original decision to grant development consent was made by the Court.

What are the modifications?

The modifications are to change the width of some of the marinas' walkways and arms.

For the Rose Bay marina the changes relate to the walkway and arm B. The walkway, which is a series of curved pontoons roughly parallel to the promenade sea wall, has an approved width of 2.4m. The modification is to increase the width by 800mm to 3.2m. Arm B is the eastern arm, which has an approved width of 1.8m. The modification is to increase its width by 1.4m to 3.2m.

For the Point Piper marina the changes relate to the northern walkway. It has an approved width of 2.4m and the modification is for an 800mm increase to 3.2m.

Can I have a say about the modification?

Submissions may be made until 25 November 2009. They need to be in writing and can be made by either:

The submissions need to include the reference number of the modification application, i.e. DA682/2008/2 for the Rose Bay marina and DA706/2008/2 for the Point Piper marina.

Information submitted with the applications includes:

All the information submitted with the modification applications may be inspected by visiting our Customer Services Counter.

The Court's decison on the original DA

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 (PDF, 2.4mb).

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. 

The Land & Environment Court handed down its decisons on 18 August 2009 in relation to the appeals by Addenbrooke P/L against our refusal of the proposed developments. Justice Biscoe's judgement (PDF, 2.4mb) effectively approves the redevelopment of both marinas but subject to important conditions. These conditions include:

The judgement, at paragraph 11, also details changes that were made to the Point Piper marina during the course of the Court hearing. The Court's final orders were made on 26 August 2009.

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."

What was originally 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 - original DA

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:

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:

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:

The proposed developments are also integrated developments and the approvals required are:

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.

Today's Date: 26/11/2009