Battle for McMahons Point park land intensifies after court ruling
THE owner of a rundown harbourfront home with a spectacular view has been embroiled in a stoush with council since applying to redevelop the $7.5 million property, located in a public park, six years ago.
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THE owner of a property in the middle of a harbourside park is not giving up on his dream to turn it into a luxury home - despite being in a planning stoush with a local council since 2010, a year after buying the property for $7.5 million, because the property sits in the middle of a public park.
The battle between David Fox (also known as David Wilkenfeld) and North Sydney Council over the project was taken to the Land and Environment Court.
It handed down its judgment last week, dismissing the appeal by Mr Fox.
Mr Fox has been trying to have plans to develop the site approved by North Sydney Council since 2010.
“I respect the current decision and I am aware there are many approaches to this matter,” Mr Fox said.
“We would like to work co-operatively with the council in the future.
“The active pursuit of the redevelopment of this site will continue.”
Mr Fox said he bought the property in 2009 for $7.5 million and has no plans to sell it after the court’s decision. He owns it with his wife.
The building, behind dilapidated fences, commands spectacular harbour views.
He has proposed to create a three-storey building with commercial space on the ground floor and a home for his family above.
But the council and local residents have objected saying the redevelopment is not in the interests of the future amenity of the area and raised concerns over the historical siginificance of the site in relation to boat building and maintenance.
But historical significance relating to the house and slipway through the association of the ‘Shark Arm Murder’ of the 1930’s - a prominent and unresolved homicide involving a member of the boatbuilding Holmes family was found to be factually incorrect by heritage experts.
The council welcomed the court decision.
“Council is very pleased with the Land and Environment Court judgment,” a spokeswoman said.
“The council’s view was that the proposal represented inappropriate uses of the site which were not contemplated by its Public Recreation zoning.
“The court’s judgment supports the contention that the proposal was inappropriate.”
The council has lobbied the State Government to buy the land.
This issue has also gathered support among local campaigners who want to see an end to the division of Henry Lawson Reserve.
“We are very hopeful the Government will compulsorily acquire the property for the enjoyment of all,” Friends of Sydney Harbour chairman John Molyneux said.
“We have very positive indications from the Government. It’s been on the list to acquire for 40 years.”
Mr Molyneux described the court’s decision as a “marvellous win” for the people of Sydney.
His views were echoed by Ian Curdie, secretary of Lavender Bay precinct, who believes the decision will have wider benefits.
“Not just the people of Sydney but the visitors who come from all over the world,” he said.
Mr Fox said that he was aware that any property in NSW could be acquired by the Government.
“The Friends of Sydney Harbour should recognise that Sydney Harbour’s heritage as working waterfront should be respected and maintained,” he said.
He did not agree with the view that it was a win for the people of Sydney.
“I am not sure they have won anything. There remains a public eyesore on the land. The active maritime heritage is interrupted for the moment,” he said.
The building has also attracted attention due to its apprent links to the unsolved Shark Arm murder case of the 1930s.
However, the court heard this link has been dismissed by heritage experts.
Local state members have met community members on the issue but it is understood there are no plans to acquire the site at this point.
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