A legal battle has unfolded over a controversial proposal to expand the Woolwich Marina on Sydney Harbour, with significant implications for local heritage sites. The plan aims to increase the number of berths from 45 to 79, which proponents argue would have “no impact” on the heritage significance of nearby locations. However, local residents and the Hunters Hill Council strongly oppose the expansion, citing concerns about its effects on views and recreational boating.
The proceedings in the NSW Land and Environment Court began with a site visit on Thursday, presided over by Justice Richard Beasley. The marina is situated near Kelly’s Bush Park, a state heritage-listed site known for being the location of the first “green ban” in the 1970s. This event saw residents, led by union leader Jack Mundey, successfully block a proposed luxury housing development. The marina is also close to the world heritage-listed Cockatoo Island.
Controversy erupted after Micheal Fountain Architects filed an application to challenge the Hunters Hill Council’s rejection of the expansion. In court documents, the Hunters Hill Trust and Friends of Kelly’s Bush argued that the marina’s expansion would undermine the historical heritage values of the area, particularly the view across the water to Cockatoo Island. They contend that the proposed “parking station for multistorey boats” would fundamentally alter the landscape.
During the court proceedings, barrister Ian Hemmings, SC, representing the marina’s proponents, insisted that the expansion would not affect the heritage significance of the sites. He stated, “You take something like Kelly’s Bush … it has state heritage significance because it was the site of the first green ban.” He emphasized that the presence of additional boats would not diminish the park’s historical value. “It will now have more boats in front of it, which will be on a fixed mooring rather than a swing mooring,” he said.
Hemmings further argued that the aesthetic impact of the marina on the bushland was not a recognized aspect of its significance. He pointed out that the parkland remains intact and visible from various vantage points, preserving its heritage context. He questioned how the proposed marina would adversely affect the understanding of Cockatoo Island’s significance, which is tied to its historical association with convicts.
In response, barrister Turvey To, representing the Hunters Hill Council, highlighted the importance of considering the broader heritage landscape surrounding the marina. He noted the “rich mosaic of significant heritage places” that includes not only Kelly’s Bush and Cockatoo Island but also the Horse Paddock parkland and Spectacle Island.
Opponents of the expansion, including the Hunters Hill Sailing Club, expressed concerns regarding the size and class of vessels that would be accommodated in the enlarged marina. Barrister Edward Cox, SC, argued that the expansion would significantly impede recreational boating activities, jeopardizing the navigable area in what is already a narrow waterway. He described some of the proposed vessels as “exponentially larger,” with dimensions surpassing those of a typical ferry and even exceeding the height of a double-decker bus.
The local residents’ group, Save Our Shores, has gathered over 900 signatures in opposition to the marina’s expansion. The Hunters Hill Council has incurred legal fees totaling $378,000 as of July 11, prompting it to request community donations to help cover the costs.
The hearing continues on Monday, with both sides poised to present further arguments regarding the implications of the marina expansion for local heritage and community interests. The outcome of this case could have lasting effects on the balance between development and heritage preservation in the Sydney Harbour area.
