2013 Court No.1

A threatening letter is sent to stop Save Little Manly Beach Foreshore Inc. from going ahead with the Court Action, by asking for security of costs at the last moment.

16 September 2013 Marsden to Woolf solicitors – Demand for Security of Costs

Manly Council will spend $127,000 in Court No.2 to fight a challenge to their irregularities, in trying to “sell off” the public foreshore”.

Court Case No. 1 – Security of Costs challenge. 

On the 23rd of September the court hearing occurs and by necessity the judgement is delivered the same day. Here is the judgement. 

Save Little Beach Manly Foreshore Incorporated v Manly Council [2013] NSWLEC 155

Council employs another Senior Counsel P McEwen to challenge this, more ratepayer funds not used to secure and expand the public foreshore. The Court recognizes the Public Interest involved in bringing the proceedings to Court.

Court Orders

Respondent’s notice of motion for security for costs filed on 17 September 2013 is dismissed with costs.

Other Highlights The Importance of public foreshore is recognized by the Court.

The obvious inherent value of public foreshore is recognized by Justice Biscoe [ at paragrpah 16 ]

[16] …..The litigation was brought to protect a particular component of the environment, namely, open space on the harbour foreshore, which is a valuable and scarce resource. The litigation affects a significant section of the public which enjoys the land in its present state.

this observation is in contrast to Manly Councils –  9 September 2013 “Environmental Services Division Report No. 17” – Conclusion – where no greater value is seen in public foreshore than any other land in Council. This is despite receiving 106 submissions regarding this land all objecting to the spot rezoning of this land from Open space to Residential. [ at pages 24 & 25 ]

9 September 2013_AGN_AT – Summary of Objections in Submissions

It is to be noted that the proposal involves only three (3) sites in the whole municipality and are surrounded by residential developments and does not affect the municipality as a whole.

This conclusion also goes against all of Manly Council’s strategic plans including the 2011 “Our Harbour” agreement that Manly Council signed to preserve public foreshore and expand it, obviously recognizing it’s special worth. [ at page 113 ]

110207 – Sydney Harbour Councils – _Our Harbour Agreement_

3.1.5 There is concern over the privatisation of the harbour foreshore. All spheres of government need to enhance the ecological and urban qualities of the shoreline, to seize every opportunity to increase the public ownership of foreshore land, and to progressively remove impediments to access to and from the water, for instance through the foreshore and access improvement program of the Sharing Sydney Harbour Regional Action Plan.

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