Bay marina fight draws planning heavyweights

A proposal for a new 40-berth Marina in sleepy Elizabeth Bay drew two parliamentarians and an ex-ICAC Commissioner to a public meeting of 78 locals in Kings Cross last week.

Sylvia Hale (Greens MLC), Clover Moore (MP and Lord Mayor) and planning activist
John Mant joined MC Keri Huxley (former Liberal Mayor of Woollahra) to slam the marina proposal and the degradation of harbour protections which they say make the proposal very difficult to prevent.

“The harbour has always been kept in trust for the public, but in 2007 many of the controls were swept away,” said Ms Huxley, referring to changes made by then Ports Minister Joe Tripodi.

Ms Moore agreed. “Sydney Harbour belongs to the people and there should be democratic consultation,” she said.

Residents note that one of the marina applicants, Peter Fitzhenry, was appointed a member of the Maritime Ministerial Advisory Committee in the same year, and claim a number of Labor heavyweights are on-side with the marina proposal, naming the Obeid family.

Reports from the audience that Eddie Obeid was seen having coffee in Elizabeth Bay were discounted by Clover Moore.

“You have to be careful with claims like that. It could be a complete co-incidence. He might simply have been drinking a cup of coffee with friends,” she said.

Ms Hale outlined how the Planning Act had been systematically “gutted” since 2000, focusing on the Part 3A law which enabled projects to be declared State Significant, all but removing local and Council involvement in any approval process.

“This removes community involvement,” she said. “Appointed officials make all the decisions, not elected representatives.”

Under this process the developer submits a general Concept Plan which is not allowed to specify details.

“If the Concept Plan is accepted by the Minister, the approving authority cannot refuse any DA that accords with the concept plan,” said Ms Hale.

However the final proposal could differ markedly from the original concept plan.

Any marina proposals over 30 boats automatically qualify for Part 3A, even though ‘State Significance’ was originally intended to apply to large infrastructure projects. The NSW Maritime website says the proposal is for 40 berths plus 40 swing moorings in the bay. There are currently 50 swing moorings for small yachts and boats in the bay.

Mr Mant, an ex-planner, lawyer and ICAC Commissioner, said land-owning government departments were being turned into corporate bodies and urged to maximise financial returns, mentioning Planning Minister Frank Sartor’s current proposals for national parks.

“The government gets three times the revenue from step-on berths than swing moorings,” he said. “This marina would earn them thousands of dollars each year.”

NSW Maritime has given a green light to the application by granting Owner’s Consent for the developer to lodge a Development Application. This step is required for any application covering government owned or controlled land.

Local heritage activist Andrew Woodhouse addressed concerns that the marina would block views of the harbour.

“Views to the harbour are the very reason for the park’s existence,” he said.

Residents were also concerned about traffic and parking in the congested suburb, as well as noise and pollution impacts.

But speakers advised that the best strategy was to focus on the larger issues of planning and use of the harbour foreshores.

Several people volunteered to serve on a steering committee to further opposition to the marina.

The developers had been invited to the meeting, but Mr Fitzhenry declined in an email which also accused Ms Huxley of “making it all up”.

The group has a website, saveelizabethbay.com.au. Mr Mant now campaigns for transparency in planning and has a website at johnmant.com.

by Michael Gormly