Royal Motor Yacht Club Port Hacking: Court determines $1.5m marina extension after court battle with residents, Sutherland Council

A $1.5 million expansion plan by a Sutherland Shire yacht club has been determined in court after a bitter planning process that had the local council claiming the proposal would ‘alienate’ waterways and create ‘intergenerational inequity’.

The club’s $1.5 million floating marina extension plans have been determined in court.

A long running stoush over plans to expand a Sutherland Shire yacht club has come to head after a battle between the venue, local residents and council authorities.

The Land and Environment has rejected plans by the Royal Motor Yacht Club Port Hacking to create an extended floating marina as part of a $1.5 million development proposal by the 102-year-old venue.

The 18m long extended marina was intended to increase the marina’s capacity from 63 vessels to 71.

Sutherland Shire Council opposed the development – which also included building new mooring piles, diesel fuel services and a fuelling pipeline – claiming it would “alienate public space” and have an “unacceptable impact” on the public use of the waterway.

In the Land and Environment Court, the council raised further objections to the visual impacts of the development, lack of carparking spaces and impacts on recreational users of Gunnamatta Bay. 

The club’s plans included boosting the marina’s capacity.

The club’s plans generated dozens of letters from residents with many concerns centred on the public versus private benefits of the proposal.

Many residents claimed the bay was too narrow to accommodate the extension and would impact the safe passage of vessels and cause navigational challenges for the Cronulla Sailing Club, Cronulla-Bundeena Ferry, fishing vessels and marine rescue boats.

There were also concerns it could force out small sailing craft such as canoes – with one local in a letter to the council labelling the proposal a “water grab”.

A photo of the 102-year-old club.

There were even claims by the council the development would create “intergenerational inequity” as it would be “unfair for future generations of recreational waterway users of Gunnamatta Bay’’ if the public use of the bay was impacted by private mooring facilities.

The club’s plans, however, argued the development would improve amenities at the marina and address demand for morning facilities within the Sutherland Shire,

“The proposed works will not result in any additional adverse environmental impacts with all necessary safeguards in place to ensure that adequate environmental and public safety protection is achieved,” the plans sated.

There were concerns the plans could impact public use of surrounding waterways.

Land and Environment Court Commissioner Peter Walsh – in his ruling – said the extension could have an impact on a large number of vessels that navigate the bay.

“It is true that there is considerable alienation of public land already associated with the (marina), but this alienation would be exacerbated in relation to public use of the bay were the proposal to go ahead,” he said.

“It would result in diminished public enjoyment of the more open, nature-oriented experience of being out on Gunnamatta Bay

“It seems to me clear that the extension of the marina would have an adverse effect on users (of the bay).”

The court decision follows a lengthy planning process dating back to when the club’s plans were lodged with the council in March 2021.

The Royal Motor Yacht Club Port Hacking was contacted for comment about the court outcome but did not provide a response at the time of publication.