Byron Shire Council (BSC) refused the mixed-use development application (DA) for 8 Marvell Street, Byron Bay on 15 October. The developer has now taken Council to the Land and Environment Court (L&EC) and a L&EC conciliation meeting is taking place this Friday, 30 January.
The DA for the demolition of the existing single-storey cottage on the site to be replaced by ground floor retail uses and 12 residential apartments above was refused on nine grounds by BSC.
The refusal letter stated that, ‘the application does not demonstrate that the proposed development makes provision of essential services, flood planning, stormwater management or waste management and the design of the proposed development is suitable with regards the scale and nature of the proposed development.’
Not in the public interest
It was also refused on the basis that ‘the consent authority cannot be satisfied that the application provides sufficient information to demonstrate that the proposed development is in the public interest and meets the objects of the Act to facilitate ecologically sustainable development by integrating relevant economic, environmental and social considerations; to promote the orderly and economic use and development of land; and to promote good design and amenity of the built environment’ and that, ‘the consent authority, cannot be satisfied that the application provides sufficient information to demonstrate that the proposed development is acceptable with consideration for relevant issues raised in public submissions.’
Local residents objected to the DA, saying it significantly exceeds the height limit of 11.5m with its proposed 14.95m height, as well as its proposed use of ‘every millimetre of the site’ and it ‘does not incorporate any setbacks’.
Affordable housing?
According to Planit Consulting’s statement of environmental effects the extra height and bulk was justified under the State Environmental Planning Policy (Housing) 2021 because of the affordable housing component. However, BSC rejected this, stating that, ‘the application does not demonstrate compliance with State Environmental Planning Policy (Housing) 2021.’
Fails to meet DCP
‘As a community group, and as co-founders of People of Byron (PoB), we believe this development fails to meet the prescriptive measures outlined in DCP E10 for the Byron Town Centre, which requires that “buildings be designed to respond appropriately to the environmental and built characteristics of Byron Bay”,’ a spokesperson for PoB told The Echo.
‘The proposal far exceeds the height limit, does not demonstrate a sustainable footprint, and fails to enhance the streetscape.
‘Developments in coastal areas as scenically gifted as Byron Bay, and in such close proximity to the natural environment, should respond meaningfully to climate, landscape, social fabric, and the scenic characteristics of place.
‘There appears to be an unhealthy reliance on concrete – a highly unsustainable material responsible for approximately eight per cent of global carbon emissions. It is time to rethink the built environment of this town and to demand development that aligns with community values, respects Byron Bay’s low-scale character, and responds appropriately to the subtropical climate in which we live.’
Commercial vacancies
Submissions also highlighted the ‘numerous vacant commercial spaces throughout the town’ and said the developer should spend ‘some time in the town of Byron Bay before re-submitting’ to ensure they appreciate ‘Byron Bay’s climate, environment, social fabric and scenic character’ and not build ‘a behemoth casting shadows over its single-storey neighbour and towering over the streetscape and nearby developments.’
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