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August 6, 2021

Massive multi-dwelling Paterson Street DA before Planning Panel

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Owing to the applicant proposing the DA’s stormwater management over Council owned community land, staff say it triggered the regional development category ‘and the DA is required to be determined by the Northern Regional Planning Panel as a result’

The Northern Regional Planning Panel (NRPP), an unelected consent authority that overrides Council decision making, will be considering a 14 townhouse DA for Paterson Street, Byron Bay, via teleconference on June 23.

Residents have flagged their concerns for DA 10.2020.474.1, and supporting them is a Council staff recommendation for refusal, with 19 issues raised.

If approved, it would also see see eight swimming pools built, the removal of 24 trees, the demolition of the existing dwelling, associated earthworks, upgrade to drainage channels and compensatory planting.

Located near the Bangalow Road end of Paterson Street, the 3,816sqm block at 103 Paterson Street was last sold on March 3, 2020, according to www.rwbyronbay.com. The website says it is a ‘Newly constructed large family home, with resort style pool and lush outlook’.

‘This property has been sold “off market” meaning a great deal was achieved before it reached the open market and any advertising’.

Refusal recommended

Issues raised by Council planning staff include ‘owners consent not granted for private drainage works on private property; no easement for drainage works; flooding and stormwater; fill will remove flood storage capacity; obstruction / reduction of the natural flow of stormwater;  future flood damage; overdevelopment; size/scale in this location; traffic and parking inadequacies; noise from people using fourteen dwellings and pools / pool pumps; use of the development for holiday letting; use of public land; biodiversity, loss of mature trees; sustainability, energy, water; access and mobility; lack of common property; boundary setbacks; overlooking; inadequate landscaping; character; amenity; cumulative impacts; dangerous access, pedestrian safety and non compliance with legislations and other instruments’.
The staff report says 41 objections were received, including 69 additional petition signatures.
Council staff report author Patricia Docherty writes, ‘The information submitted with the development application fails to address the relevant constraints applying to the site’.

The report says the owner of the property is ‘Hunter Hopkins Project 7 PTY LTD’.

The land is noted in the report as constrained, and contains mapped areas of a Paperbark Swamp Forest, and the proposed land clearing ‘relative to the existing vegetation on the site remains substantial’.

As an ‘Endangered Ecological Community’, staff say it comes under Schedule 2 of the BC Act. ‘Furthermore, trees proposed to be retained are in very close proximity to the proposed development footprint’.

Ms Docherty writes, ‘Even if these trees can be retained during construction of the development (as concluded in the submitted arboricultural report) they are unlikely to be retained in the long-term. Trees located in such close proximity to residential development invariably lead to conflicts, and these conflicts are almost never resolved in the tree’s favour. Therefore, it is considered that the full impacts to native vegetation have been underestimated’.

DA 10.2020.474.1 is recommended for refusal by Council staff.

Planning Panel triggered by proposed stormwater management

Additionally the applicant ‘has nominated to provide stormwater management works off-site rather than fully addressing the required on site stormwater management entirely on the site’.

Ms Docherty writes, ‘Because the applicant’s nominated site includes Council owned community land, this has triggered the regional development category and the DA is required to be determined by the Northern Regional Planning Panel as a result’.

‘Owner’s consent was granted by Council’s Infrastructure services Director to the lodgement of the development application, expressly subject to further planning and engineering assessment. It should be noted that the original proposal to carry out compensatory plantings offsite in the neighbouring Council reserve was retracted by the applicant during assessment

‘It further appears that the applicant seeks to undertake stormwater works within an easement on a privately owned lot to the east being Strata Plan 47184, at the rear of 11 Cooper Street known as Cape Byron Estate. Based on submission of objection, it appears Owner’s consent has not been provided for these works on private land’.

The capital value, according to the NRPP is $8,694,620, and the DA is labeled as a ‘Regionally significant development 3(b)’.

The The Northern Regional Planning Panel meeting will be held via teleconference on June 23 and chaired by Paul Mitchell.

For more info visit www.planningportal.nsw.gov.au/planning-panel/multi-dwelling-housing-consisting-fourteen-14-townhouses-eight-8-swimming-pools

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