The battle over the future of a stunning, tree-filled mega block at Wategos has ended up in court, with its multi-millionaire owner appealing Byron Council’s rejection of his plans for the site.
Court documents confirm that Antony Catalano, a media mogul who also owns Raes on Wategos, has lodged an appeal against the Council’s refusal of his plans for 2 Brownell Drive.
The matter has already had two preliminary directions hearings in the NSW Land & Environment Court, and looks set to head to compulsory mediation and, if agreement cannot be reached, a costly and time-consuming trial.
Mr Catalano made waves last year when he submitted his plans for the extraordinary 4,087 square metre site.
The proposal that came before Council was for the construction of two neighbouring mansions: one a multi-level, six-bedroom dwelling with ‘swimming pools’, and the other a multi-level, four-bedroom house with a single pool.
Littoral rainforest
The overall development, described as a family home, would have involved substantial clearing of protected littoral rainforest, and the excavation of up to eight metres into the steep hillside.
This excavation and associated work would require 4,078 cubic metres to be exported off site, requiring 30 trucks movements per day for four weeks.
Mr Catalano’s planning team submitted a revised development application for the site after being told that the first was unsatisfactory.
This proposal involved a significant reduction in the number of rainforest trees to be removed, and the replanting of native trees around the border of the home.
They argued that their proposed rehabilitation strategy for the property will, in fact, improve the quality of the rainforest because it will increase the number and quality of the native trees there.
But Council staff say the revised plan is also inappropriate, pointing out that, under state planning laws, a development cannot be approved if it involves the destruction of coastal wetland or littoral rainforest.
Not compliant with planning controls
‘It is considered the proposed development is not sympathetic to the environmental constraints of the land, does not comply with the relevant state and local planning controls, is unsuitable for this site in Byron Bay owing to bulk scale and land changes required to accommodate it, and is not in the public interest,’ Council staff said in a succinct summary of their objections to the plan.
The matter is due to return to court on March 3.
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