(a) number and orientation of boats. In my earlier judgment at [108] I said "…the proposal is likely to have a substantial impact. This is largely caused by the number, density and size of boats accommodated at Rose Bay Marina in berths, which are viewed parallel to the Esplanade from a public space". At that time, the proposed RBM design aligned three arms in an east-west direction roughly parallel with the Promenade. Under the new RBM proposal, a gangway will provide access from the northern end of the hardstand to the main floating walkway, which will be roughly parallel to the seawall and at a distance of approximately 60 metres from it. Three perpendicular arms will extend off the northern side of this walkway. The eastern arm, 80 metres long and 130 metres to the east of the marina building, will accommodate berthing pens on both sides and at the northern end for a total of 27 boats. The middle arm, 150 metres long and 50 metres to the east of the marina building, will accommodate berthing pens on both sides and at the northern end for a total of 44 boats. The western arm, 70 metres long and aligned with the western side of the marina building, will accommodate berthing pens on the eastern side and at its northern end for 11 boats plus tender berths. On its western side casual berthing and a fuelling berth are proposed. The boat storage on the eastern arm will accommodate 15 x 15 metre boats, 10 x 20 metre boats and 2 x 30 metre boats. The boat storage on the middle arm will accommodate 4 x 15 metre boats, 36 x 20 metre boats and 4 x 30 metre boats. The boat storage on the western arm will accommodate 8 x 20 metre boats and 3 x 30 metre boats. The proposed number of boats have been reduced to 119, comprising 82 berths and 37 swing moorings, compared with the previous proposal for 124 berths and no swing moorings;
(b) Harbour views. In my earlier judgment at [94] I said, "For a significant distance along the Promenade and New South Head Road the boats will obscure prime views extending as far as Manly". The new RBM proposal, by the orientation and width of its aisles, has reduced the extent to which the proposed marina will interrupt views to the open Harbour as far as Manly. It also incorporates a viewing location for the public along the walkway parallel to the Promenade, between the middle and eastern arm. Nevertheless, the impact on views to the open Harbour remains a highly contentious issue;
(c) size. In my previous judgment at [71] I said, "The existing marina berths, particularly at the Royal Motor Yacht Club, are significant elements in the western part of Rose Bay. However, they are of a size and scale that is compatible with Rose Bay and are not dominant structures." The new RBM proposal is for 82 berths compared with the previous proposal for 124 berths and the RMYC's 90 berths. However, the RMYC is not located in as sensitive an area as the RBM;
(d) Shark Island/Woollahra Point viewline. In response to my previous judgment at [111], the new proposal, by reducing the size of the proposed RBM and moving it further to the west, does not obstruct views of Shark Island from the point where it visually separates from Woollahra Point.
Point Piper Marina Proposal
11 At the commencement of the hearing the PPM proposal was the same as the proposal in the earlier appeal: two parallel east-west arms roughly perpendicular to the shore, linked by a walkway. However, five important changes were made during the hearing as depicted on a plan annexed to this judgment, as follows:
(a) the north-south walkway connecting the two east-west arms is moved about 40 metres further east to a point about 114 metres from the shore in front of the Wunulla Residences;
(b) the tender berth and work berth on the northern side of the southern arm are relocated to the southern side of that arm. That leaves the northern side of that arm unoccupied except for one berth at the very end.
(c) the casual berth at the western end of the northern arm, where it was rather confronting for the Wunulla Residences, is relocated to the southern side of the southern arm. On this side there is not to be a dedicated casual berth. Rather, there is to be a dedicated fuel berth nearest the channel between the marinas but otherwise it is designated, without differentiation, for a tender berth, work berth, slipway holding berth and casual berthing;
(d) one 10 metre berth at the south-western end of the northern arm was eliminated;
(e) in response to navigation issues, the fuel berth was moved from the very eastern end of the southern arm just around the corner to the south-eastern end.
12 The first four changes significantly reduce visual impact and improve privacy for the Wunulla Residences. The relocation of the tender and work berths is particularly beneficial for the aspect from Nos 5A and 7 Wunulla Road. The relocation of the casual berth is also more visible to, and handier for, visiting boats.
13 In my judgment in the earlier appeal at [66], I expressed the view that the proposed PPM will not have an unreasonable visual impact but will impact on views from properties in Wunulla Road. This requires complete reconsideration in light of the changes made to the proposal during the hearing of the current appeal and the new evidence and submissions, particularly from the Wunulla Residents.
Boat Storage
14 The current and proposed boat storage capacities are as follows:
Berths Swing Moorings Total
Current: RBM 29 72 101
PPM 23 100 123
Total 52 172 224
If both RBM 82 37 119
marinas approved:
PPM 35 24 59
Total 117 61 178