The owner of a prominent Port Stephens marina has emerged victorious from a Land and Environment Court battle, securing approval for a significant two-storey expansion and new parking facilities after the local council refused the development application.
Court Overturns Council's Refusal
Clipper's Anchorage, the proprietor of Soldiers Point Marina, successfully appealed a decision by Port Stephens Council to block its proposed upgrades. The council had argued that the plans, which included a new two-storey structure and additional car parking, were insufficient and inadequate for the site's needs.
The proposed development, submitted to the council earlier, sought to construct a substantial two-storey addition to the existing marina building. The new facilities are set to include a members' lounge, a gymnasium, a pool and spa area, a pool lounge, patios, decking, amenities, storage, and plant rooms.
The Parking Dispute at the Heart of the Case
A central point of contention was the provision of car parking. The marina's application outlined a plan to add three spaces to an existing car park, bringing the total to 22. It also proposed converting a hardstand area into a 28-space parking zone and introducing an off-site valet parking service with capacity for 33 vehicles.
The council maintained that this parking plan was inadequate. It raised concerns that an operational plan of management failed to clearly separate arrangements for visitors and boat owners, and did not properly account for users of casual berths, kayaks, and non-members accessing the site.
In response, Clipper's Anchorage presented evidence from parking surveys conducted on Good Friday and Easter Saturday in 2024, dates chosen based on historic data showing peak boat owner usage. A survey of members was also used to gauge demand for the valet service and new facilities.
Commissioner Emma Washington, in her published judgement, found in favour of the marina owner. The court determined the surveys indicated an increased demand for only 13 spaces, a figure the new car park would "comfortably accommodate."
Commissioner's Ruling and Other Considerations
"I concur that the purpose of the on-site parking is principally for marina members," Commissioner Washington stated. "It is my considered opinion that the parking provision for the proposed development exceeds the requirements demonstrated by the parking surveys, and that the parking surveys upon which these conclusions are based are appropriate and sufficient."
The court also ruled that the management plan was adequate and specific to the marina's operations. "It provides for visitors and casual berths," Washington noted. "It does not need to provide for kayak users, as the kayaks at the marina are for the use of marina members."
Furthermore, the court overruled a council-proposed condition that sought to prevent the use of a boom gate on the car park.
During the public notification period, the application attracted more than a dozen submissions from the community. Concerns were raised regarding potential impacts on the local waterway and coastal environment, the perceived insufficiency of parking, and possible encroachment into a designated Aboriginal place.
The application was referred to relevant state authorities. The NSW Department of Primary Industries (Fisheries) did not object, subject to conditions, and Heritage NSW confirmed that an Aboriginal Heritage Impact Permit was not required for the project.
One technical issue was the proposed building height. The two-storey addition's water-facing roofline would measure 9.56 metres, exceeding the local eight-metre height limit. However, Commissioner Washington deemed the height appropriate, stating it did not surpass the existing building's height and was consistent with the eight-metre standard when measured from street level.
The ruling, handed down in January 2026, clears the final regulatory hurdle for Clipper's Anchorage to proceed with its upgrade of the Soldiers Point Marina, marking a significant development for the Port Stephens boating community.
