Latest news with #NSWLandandEnvironmentCourt
Sydney Morning Herald
26-07-2025
- General
- Sydney Morning Herald
The fight to stop a ‘parking station for oversized boats' on Sydney Harbour
A series of other respondents to the case, including the Hunters Hill Sailing Club, say in separate court documents that the proposed revamp 'will have a substantial adverse impact on sailing and ... the recreational uses' of the harbour. '[The] size of the vessels proposed is exponentially larger,' they say. Some would be 'larger than a Parramatta River Class ferry' and others would be 'longer than an articulated bus and higher than a double-decker bus'. The documents also say the marina expansion would increase waterway congestion and create a navigational safety hazard in the narrow section of the harbour between Woolwich, Cockatoo Island and Spectacle Island, which is extensively and increasingly used by ferries and private boats. The proposed marina would comprise a '270-metre largely continuous hard enclosure which protrudes into the harbour', the respondents argue. 'Construction and use of a parking station for multistorey boats up to 25 metres long on the foreshore of Kelly's Bush Park is fundamentally incompatible with its natural heritage values.' The case is listed for a hearing in the NSW Land and Environment Court between September 4 and September 17, including an on-site visit. Bennett said the community had rallied in a battle reminiscent of the effort to save Kelly's Bush foreshore park, which was spared from development when about a dozen local mothers joined late union organiser Jack Mundey and his 'green bans' movement to block a housing estate in 1971. She said the earlier proposal had been rejected due to maritime, Aboriginal and bushland heritage concerns, and disrupted views to the state heritage-listed Kelly's Bush Park, and Cockatoo Island. Loading 'This is one of the most amazing parts of Sydney Harbour; the history, heritage, social activism, and natural environment is absolutely phenomenal. There is no other country that would do this to a site of such significance.' The Hunters Hill Trust said the revised proposal shifted the marina across 'a large width of the historic Kelly's Bush foreshore [to] effectively occupy approximately 20,000sqm of waterway'. The mooring of larger boats would 'obliterate the open water and views' from the foreshore and, although 'commercially lucrative', would be 'affordable to only a select clientele', the trust said. 'This unique part of Sydney Harbour must not be allowed to become a permanent parking station for over-sized boats catering for the privileged few, obscuring public views and sight-lines to important heritage items of outstanding natural beauty.' Woolwich resident Don Bonnitcha, a Hunters Hill Sailing Club life member, said any plan to enlarge the marina, or to moor bigger vessels there, would generate a 'completely unacceptable risk to the safety of the many young sailors in small dinghies who learn to sail and race at [the club]. ' The marina's manager, Idy Chan, did not respond to a request for comment. In 2018, she told Good Weekend magazine she had a waiting list of Chinese emigres wanting berths for their smart yachts.
The Age
26-07-2025
- General
- The Age
The fight to stop a ‘parking station for oversized boats' on Sydney Harbour
A series of other respondents to the case, including the Hunters Hill Sailing Club, say in separate court documents that the proposed revamp 'will have a substantial adverse impact on sailing and ... the recreational uses' of the harbour. '[The] size of the vessels proposed is exponentially larger,' they say. Some would be 'larger than a Parramatta River Class ferry' and others would be 'longer than an articulated bus and higher than a double-decker bus'. The documents also say the marina expansion would increase waterway congestion and create a navigational safety hazard in the narrow section of the harbour between Woolwich, Cockatoo Island and Spectacle Island, which is extensively and increasingly used by ferries and private boats. The proposed marina would comprise a '270-metre largely continuous hard enclosure which protrudes into the harbour', the respondents argue. 'Construction and use of a parking station for multistorey boats up to 25 metres long on the foreshore of Kelly's Bush Park is fundamentally incompatible with its natural heritage values.' The case is listed for a hearing in the NSW Land and Environment Court between September 4 and September 17, including an on-site visit. Bennett said the community had rallied in a battle reminiscent of the effort to save Kelly's Bush foreshore park, which was spared from development when about a dozen local mothers joined late union organiser Jack Mundey and his 'green bans' movement to block a housing estate in 1971. She said the earlier proposal had been rejected due to maritime, Aboriginal and bushland heritage concerns, and disrupted views to the state heritage-listed Kelly's Bush Park, and Cockatoo Island. Loading 'This is one of the most amazing parts of Sydney Harbour; the history, heritage, social activism, and natural environment is absolutely phenomenal. There is no other country that would do this to a site of such significance.' The Hunters Hill Trust said the revised proposal shifted the marina across 'a large width of the historic Kelly's Bush foreshore [to] effectively occupy approximately 20,000sqm of waterway'. The mooring of larger boats would 'obliterate the open water and views' from the foreshore and, although 'commercially lucrative', would be 'affordable to only a select clientele', the trust said. 'This unique part of Sydney Harbour must not be allowed to become a permanent parking station for over-sized boats catering for the privileged few, obscuring public views and sight-lines to important heritage items of outstanding natural beauty.' Woolwich resident Don Bonnitcha, a Hunters Hill Sailing Club life member, said any plan to enlarge the marina, or to moor bigger vessels there, would generate a 'completely unacceptable risk to the safety of the many young sailors in small dinghies who learn to sail and race at [the club]. ' The marina's manager, Idy Chan, did not respond to a request for comment. In 2018, she told Good Weekend magazine she had a waiting list of Chinese emigres wanting berths for their smart yachts.
Sydney Morning Herald
24-07-2025
- Entertainment
- Sydney Morning Herald
Why exploring this Sydney home is like finding an unplayed Mozart
Turning 89 on Friday, the Pritzker Prize-winning Australian architect Glenn Murcutt is still surprising fans who thought they knew all or most of his work. Another home in Sydney's St Ives by one of the world's most internationally recognised and important architects, but the least 'starchitecty' in style, has come to light. Discovering an unseen Murcutt was like hearing an unplayed Mozart, said one Sydney devotee. Architect Nick Sissons said it was like finding an unknown Shakespearean sonnet. Once found, the family home seems to disappear back into the steep bush block. That was Murcutt's intention, he said, visiting the home he designed 30 years ago for Dr Judith Preston and her husband, Brian Preston, the chief judge of the NSW Land and Environment Court. 'It's always been my view that you design buildings that you go past, and every now and again, one might say, 'Oh, better go back and have another look at that'. And I like that idea that there's that privacy to the street, and then you bite the apple and you have all the fruit inside.' Sissons, who worked with Murcutt on a book about his Unbuilt Works, estimates the architect has designed about 400 projects across 55 years. Murcutt has won gold medals from Australia and the US, and the Alvar Aalto Medal. As well as the Pritzker, he was the first Australian named a Praemium Imperiale laureate of architecture by the Japan Art Association. No two Murcutt homes are the same; Sissons said the Preston home was 'wonderfully subtle'. 'It blends seamlessly into the bushland context, responding to the steep topography, sliding, bending and dropping through the gully.' He said the slender terracotta-coloured blade walls – requested by Brian Preston to match the pink angophora he loves – allowed glimpses into the surrounding bushland. Sissons said it felt as if the house had always been there. 'It isn't a spectacular architectural statement, rather it feels like a logical and inevitable response to its unique context.' To mark Murcutt's 90th year, the foundation set up in his honour will launch the Murcutt Symposium from September 11 to 13 at the State Library of NSW. It includes Murcutt in conversation with his friend Francis Kéré, another Pritzker winner, visiting Australia for the first time. It will include visits with Murcutt to homes he has designed, and a panel of top architects discussing ideas such as healthy buildings and designing for climate that drove Murcutt's practice. One speaker, Carol Marra, an architect and Churchill Fellow, said Kéré and Murcutt seemed very different – Kéré has a mid-size practice, where Murcutt works solo. Yet both took time to understand what's unique about a place, including its cultural and social history, the landscape and people. 'It is not trophy architecture but has a dignified presence of its own,' Marra said. She said it was difficult to date Murcutt's work. 'They could be 40 years old or could have been built yesterday. 'It's deeply human work, you can sense … a love of people, care for place and nature. It is incredibly hard to achieve this in our market-driven commercial world, but it is a reflection of who Glenn is, a beautiful human being, brilliant and humble in equal measure.' Compared with nearby McMansions, the Preston home is modest and was unusual for its time because it incorporated a range of salvaged wood. 'I like that idea that there's that privacy to the street, and then you bite the apple and you have all the fruits inside.' Glenn Murcutt on Preston House Preston, a devoted gardener who also received the TAFE State Medal for Urban horticulture (1999), said it was a very therapeutic place. 'You think about the Japanese concept of forest bathing. You have that in your own house. We get all the birds, and we open the windows.' Murcutt said it was important to have a client who understood beautiful landscaping. 'And [Preston] has made a paradise. It is just paradise.' Murcutt is not looking for new work but trying to complete projects. That includes working with architect Angelo Candalepas on the new beachfront headquarters for Royal Far West at Manly. Asked if he thought about his legacy, he said he left it to those managing the Murcutt Foundation. 'I am having a few difficulties, health-wise, falling over. It is knocking me about a bit. I say to myself if I get to 90 or 95 I will be very lucky,' Murcutt said. 'I am very philosophical. I would like to be active until I have finished, and I don't like the idea of slowing down, that's been the curse of my life. I'm pretending I'm still 40. 'I don't want clients to be waiting, and I die in the middle of it. So I've said basically no to every new project.'
The Age
24-07-2025
- Entertainment
- The Age
Why exploring this Sydney home is like finding an unplayed Mozart
Turning 89 on Friday, the Pritzker Prize-winning Australian architect Glenn Murcutt is still surprising fans who thought they knew all or most of his work. Another home in Sydney's St Ives by one of the world's most internationally recognised and important architects, but the least 'starchitecty' in style, has come to light. Discovering an unseen Murcutt was like hearing an unplayed Mozart, said one Sydney devotee. Architect Nick Sissons said it was like finding an unknown Shakespearean sonnet. Once found, the family home seems to disappear back into the steep bush block. That was Murcutt's intention, he said, visiting the home he designed 30 years ago for Dr Judith Preston and her husband, Brian Preston, the chief judge of the NSW Land and Environment Court. 'It's always been my view that you design buildings that you go past, and every now and again, one might say, 'Oh, better go back and have another look at that'. And I like that idea that there's that privacy to the street, and then you bite the apple and you have all the fruit inside.' Sissons, who worked with Murcutt on a book about his Unbuilt Works, estimates the architect has designed about 400 projects across 55 years. Murcutt has won gold medals from Australia and the US, and the Alvar Aalto Medal. As well as the Pritzker, he was the first Australian named a Praemium Imperiale laureate of architecture by the Japan Art Association. No two Murcutt homes are the same; Sissons said the Preston home was 'wonderfully subtle'. 'It blends seamlessly into the bushland context, responding to the steep topography, sliding, bending and dropping through the gully.' He said the slender terracotta-coloured blade walls – requested by Brian Preston to match the pink angophora he loves – allowed glimpses into the surrounding bushland. Sissons said it felt as if the house had always been there. 'It isn't a spectacular architectural statement, rather it feels like a logical and inevitable response to its unique context.' To mark Murcutt's 90th year, the foundation set up in his honour will launch the Murcutt Symposium from September 11 to 13 at the State Library of NSW. It includes Murcutt in conversation with his friend Francis Kéré, another Pritzker winner, visiting Australia for the first time. It will include visits with Murcutt to homes he has designed, and a panel of top architects discussing ideas such as healthy buildings and designing for climate that drove Murcutt's practice. One speaker, Carol Marra, an architect and Churchill Fellow, said Kéré and Murcutt seemed very different – Kéré has a mid-size practice, where Murcutt works solo. Yet both took time to understand what's unique about a place, including its cultural and social history, the landscape and people. 'It is not trophy architecture but has a dignified presence of its own,' Marra said. She said it was difficult to date Murcutt's work. 'They could be 40 years old or could have been built yesterday. 'It's deeply human work, you can sense … a love of people, care for place and nature. It is incredibly hard to achieve this in our market-driven commercial world, but it is a reflection of who Glenn is, a beautiful human being, brilliant and humble in equal measure.' Compared with nearby McMansions, the Preston home is modest and was unusual for its time because it incorporated a range of salvaged wood. 'I like that idea that there's that privacy to the street, and then you bite the apple and you have all the fruits inside.' Glenn Murcutt on Preston House Preston, a devoted gardener who also received the TAFE State Medal for Urban horticulture (1999), said it was a very therapeutic place. 'You think about the Japanese concept of forest bathing. You have that in your own house. We get all the birds, and we open the windows.' Murcutt said it was important to have a client who understood beautiful landscaping. 'And [Preston] has made a paradise. It is just paradise.' Murcutt is not looking for new work but trying to complete projects. That includes working with architect Angelo Candalepas on the new beachfront headquarters for Royal Far West at Manly. Asked if he thought about his legacy, he said he left it to those managing the Murcutt Foundation. 'I am having a few difficulties, health-wise, falling over. It is knocking me about a bit. I say to myself if I get to 90 or 95 I will be very lucky,' Murcutt said. 'I am very philosophical. I would like to be active until I have finished, and I don't like the idea of slowing down, that's been the curse of my life. I'm pretending I'm still 40. 'I don't want clients to be waiting, and I die in the middle of it. So I've said basically no to every new project.'
West Australian
08-06-2025
- General
- West Australian
NSW Land and Environment Court rules on Battiato v Clifton tree dispute
A long-running tussle between neighbours over a pine tree and a crumbling retaining wall has finally ended, with a court ordering both parties to share costs for the fix-up. The brouhaha between Vince and Natalie Battiato of 20 Kanangra Ave and Faye Clifton of 22 Kanangra Ave in the coastal NSW town of Corlette escalated into a legal stoush because of the dilapidated wall that splits the two properties. The wall needed to be fixed and the neighbours could not agree on who should pay. The Battiatos contended that the roots of an old pine tree, which has since been removed, on Ms Clifton's property was the main contributor to the damage to the wall. But Ms Clifton shot back and argued the age of the wall was the central factor underpinning its dilapidation. In their application to the NSW Land and Environment Court, the Battiatos said Ms Clifton should remove all remaining trees on her property to facilitate the reconstruction of the wall and then pay for the fix-up. They also wanted her to bear all court costs. In her submission, Ms Clifton pushed for a 'just and fair outcome to a lengthy ongoing dispute', court documents show. She asked for costs to be shared between the parties for the reconstruction job. Acting Commissioner Peter Nichols AC, settling the dispute, visited the site and concluded age was the primary cause of the wall's dilapidation. But he added the tree had also likely caused some damage. 'The tree has been shown to have exacerbated damage to the section of the retaining wall, thus engaging the court's jurisdiction, however orders made for any compensation are a matter of discretion,' he said. 'Given the nature of the retaining wall, it appears that, in the main, the dilapidation was a function of the age and inappropriate design and construction materials of the retaining wall.' In his decision, handed down this week, Dr Nichols upheld the application from the Battiatos but only 'in part'. He ordered Ms Clifton to remove seven trees from her property, including tree stumps, trunks and roots 'with a diameter of greater than 100mm located within 200mm of the shared property boundary between 20 and 22 Kanangra Ave'. The trees are camellia, lemon and pine trees. But he ordered for the wall reconstruction costs to be split '50-50'. 'Within 365 days of the date of these orders the applicants (Battiatos) and respondent (Ms Clifton) are to arrange and pay for the design and construction of the replacement retaining wall, including obtaining all necessary approvals from Port Stephens Council … sharing the costs 50-50,' he said. The neighbours were ordered to swap quotes beforehand to find the cheapest option from 'suitably qualified and experienced building contractors'. Further, Dr Nichols ordered the parties to construct a new boundary fence on the top of the new retaining wall on the shared property boundary, splitting the costs 50-50. Legislation within the Trees (Disputes Between Neighbours Act) from 2006 and the Dividing Fences Act from 1991 covered the dispute. Port Stephens Council sits north of Newcastle in NSW's Hunter Valley region. Corlette lies next to famous Nelson Bay, a popular tourist destination in the region.
