Shark Arm house development plan decision by court
A court has finally announced its judgment on the long-running saga of No. 1 Henry Lawson Ave in McMahons Point. This is what will happen next.
Mosman
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Plans to transform a harbourside shack into a luxury home have been thrown out in court.
No. 1 Henry Lawson Ave has been at the centre of a long-running legal battle between wealthy property owner David Fox and North Sydney Council.
The Land and Environment Court has dismissed an appeal and refused the $3.5 million plans for a dwelling and boat repair facility.
“This is a win for our community and a win for everyone in Sydney fighting to preserve public open space,” Mayor Jilly Gibson said.
“I congratulate our local residents and members of Lavender Bay Precinct group who worked tenaciously to achieve this outcome.”
The property sits in the middle of a public park with one of the most celebrated views of the Harbour Bridge and Sydney Opera House. It is best known as a hotspot for watching the New Year’s Eve fireworks.
There was strong opposition in the local community to the development as neighbours wanted the old building removed to create a continuous foreshore in McMahons Point.
The State Government announced last year it intended to purchase the site to expand Blues Point Reserve and had started negotiations. The property sits within the buffer zone of the UNESCO World Heritage listed Sydney Opera House.
“We are currently reviewing our position and we will make comments once we have assessed the relevant issues,” Mr Fox told the Mosman Daily in a statement.
The battle to transform the run down building has been running for two decades as a previous owner was thwarted in attempts to develop it by the council. It then changed hands and the current owner has been trying to have plans approved since 2010.
Mr Fox also known as David Wilkenfeld runs dance supplies business Bloch International.
The building’s history has many layers as it also has a link to the mysterious 1930s Shark Arm Murder case. It was once owned by wealthy boatbuilder Reginald Holmes, who employed small-time criminal James Smith.
Smith’s arm was spat out by a shark at a Coogee aquarium on Anzac Day in 1935 and Holmes was implicated in the resulting murder investigation, which centred on Patrick Brady, another criminal known to both men.
Holmes initially denied he knew Brady but, before police could question him he tried to shoot himself.
Holmes told police he was being blackmailed by the two men and that Brady told him he had thrown Smith’s body into the sea.
On the morning of the inquest Holmes was found shot dead in his car. The case remains unsolved.
The site had the last active small slipway business in the area with the Holmes family ceding ownership of the land in 1950.