Event and Time
Event Description
The case pertains to three separate development applications for the construction of jetties on Woodlands Road, Taren Point, each of which was appealed after being denied by the Sutherland Shire Council. The applications included the construction of shared access ways, jetties, and sea stairs that extend into public waterways and foreshore land. Concerns were raised regarding their impact on public access, visual aesthetics, the environment, and potential precedents for future developments.
Application and Claims
- Appellants: Harbour Port East Coast Pty Ltd
- Applications:
- DA21/1085: Woodlands Road (36 & 38) - DA21/1062: Woodlands Road (28 & 30) - DA21/1164: Woodlands Road (52A & 54)
- Claims by Harbour Port:
- The denial of their applications represents an infringement on permissible development rights in the W1 zone. - The jetties will not have a significant adverse impact on public access or the coastal environment.
Judicial Decisions
- All three appeals were dismissed by the court.
- Each development application was refused based on findings that they adversely affected public access to the beach and foreshore, presented unacceptable visual impacts, and set a potential precedent for future developments.
Dispute Points and Legal Basis
Dispute Points
- Public Access:
- Council's Argument: The proposed jetties significantly obstruct public access to the beach and foreshore and create barriers for pedestrian movement, particularly at mid to low tides. - Applicant's Argument: The jetties minimally affect access, especially with the introduction of stairs over the jetties. Existing public access is already limited at high tide due to natural conditions.