Update Noakes Boatyard DA

Stannards Marine (known as Noakes) has lodged an appeal in the Land & Environment Court of NSW against the refusal of its development application by the Sydney North Planning Panel (SNPP) last September. The Appeal is listed for directions on 30 April 2021.

Council is writing to everyone who made a submission on the DA, or asked to remain informed of its progress, to advise them of the appeal. A second letter will be sent notifying them when written or oral submissions can be made to the Land & Environment Court.

As the DA was determined by SNPP, the Planning Panel is the body which defends the appeal in the Court, not North Sydney Council. However, Council will provide support to SNPP and has instructed HWL Ebsworth Lawyers to appear for and on behalf of SNPP at the proceedings.

Council’s website will be updated to provide details of when submission can be made to the Land & Environment Court when this information is available.

Background

In December 2018 Stannards Marine lodged a development application

DA - 57/2019

for a proposed floating dry dock and associated infrastructure works for a boat repair facility. The boatyard operates from 6 John Street, McMahons Point and includes marine structures within Berrys Bay.

The proposed work included demolition of the existing water-based structures and use of a new floating dry dock that could repair and maintain vessels up to 750 tonnes in size.

There were 517 written submissions received during the two public notification processes and 6 late submissions which were considered in the assessment of the proposal, along with 25 verbal submissions made to the Sydney North Planning Panel (SNPP).  

On 1 September 2020, SNIPP unanimously refused the DA on the basis that the proposal was not in the public interest as it had not adequately demonstrated that the potential air quality impacts, acoustic impacts and impacts from hazardous materials could be suitably mitigated.

Stannards Marine filed an appeal in the Land & Environment Court on 4 March 2021 and the appeal is listed for directions on 14 May 2021.

https://onlineregistry.lawlink.nsw.gov.au/content/court-lists#/detail/20210006313622360513RegistrarDirectionsHearing/stannard  

At that time, the Court will issue orders regarding the management of the proceedings, including filing of statements of facts and contentions and filing of expert evidence.

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Posted on 7 May 2021

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