Just two weeks after Byron Council took a stand against developers repeatedly applying for incremental height breaches in Byron Bay, another proponent is trying its luck with a similar application.
This time, the applicant is the developer behind ‘The Bonobo by Raes’, a luxury 41-unit development on the site of the old Holiday Village backpackers at 116–118 Jonson Street.
The developer, listed somewhat cryptically as Aidop No 6 Pty Ltd & Aidop No 5 Pty Ltd, received approval for the three-storey $27.6m development in May last year.
Council documents indicate that the approved development already exceeded the maximum height limit for that part of town, with the proposed lift overrun, privacy screen, roof terrace fencing and pool exterior breaching the 11.5m cap.
Now the applicant is back before Council with an application for ‘minor design amendments and modifications’ that involve a further additional height breach.
‘There is an additional breach of the building height standard involving three building roof-top elements increasing 11cm, 6cm and 10cm…’ Council staff said in their report.
Each of these relate to the pool proposed for the roof-top of the proposed development.
The application has similarities to a modification application which was refused by Council at its last meeting for 43 Lawson Street.
That application, for new luxury holiday apartments, also involved modifications to a roof-top pool area as well. A majority of councillors voted against the proposal, finding that it was still an inappropriate breach of building standards, particularly the rules pertaining to height planes.
The latest application is also similar to the Lawson St one in that is has received a recommendation of approval from Council staff.
Negligible impact: staff
‘Having regards to the minor increase in height, it is considered the impact is negligible and the variation is supported in this instance,’ Council staff said in their report on the matter.
‘The proposed variation to the height limit does not result in a materially different presentation to the Jonson Street (eastern elevation) or western elevation of the building.
‘The proposed variation does not impact on the bulk or scale of the proposed built form.
‘It is considered strict compliance with the height limit provisions in this instance is unreasonable having regard to the minor variations being sought to the elements listed above, and the development standard can be varied in this instance.’
The proposed modification application also results in a shortage of car parking by three spaces.
‘This is not supported in its entirety and conditions of consent are recommended to provide for a third car share space to service tourists staying within the serviced apartments,’ staff said in their report.
The matter is due to come before this week’s Council meeting for determination.
For four decades The Echo has printed the stories some people loved, some people hated, and some pretended not to read. If you want us to keep telling the truth, the real truth, not the sugar-coated version. We’ll need your support to keep the presses rolling. 
