The long-running saga of 23 Compton Drive, East Ballina, has finally been resolved, with Ballina Council agreeing to the demolition of the existing restaurant, which will be replaced with a two-storey house.
As the old abandoned restaurant has fallen into disrepair, the owner of the property overlooking Shaws Bay has been stuck in development limbo for years, with plans for this site and the adjoining block complicated by the lack of driveway access, landslide risk and other issues.
On the recommendation of Ballina Council staff, councillors have now voted to allow the development and associated earthworks and vegetation removal to proceed, subject to a number of conditions.
Cr Therese Crollick said it was obvious why the development should be approved.
‘Firstly, the building that has been sitting there idle for many, many years, is an eyesore, to put it mildly. So anything that can improve that site would be an improvement. But having said that… there’s number of issues and a number of potential problems with building on this site, and particularly building a residential dwelling.
‘However, having read through all the attachments and the information provided by Council, I personally am satisfied that the issues have been significantly addressed and that the oversight will be rigorous and that the conditions set out will be adhered to.
‘Having seen the artist’s impression, it looks quite a nice building that’s going to be there. A lot of people will probably be fairly envious when it’s built, I think we’d all like to live in that kind of a dwelling with that view over Shaws Bay. The parking will be off street, so that issue is addressed.’
Setback and landslide risk
Cr Eva Ramsey questioned whether any other new DA would be approved with the setback issues of the property, with the current restaurant immediately adjoining Compton Drive.
Staff explained said it wasn’t that simple, and such issues had to be decided on the merits of each case, which were complicated here by the different histories of the two parcels of land in question.
Cr Erin Karsten said her concern was the amount of earthworks that were needed for the DA.
Cr Ramsey then brought up the issues of landslides on the adjoining property, and insurance concerns. ‘My concern is it’s now edging on to that property that we’re speaking about, so as that slippage comes along, what sort of restraints have we got if they put this here?’
Ballina Council’s director of planning and environmental health, Matthew Wood, said ‘the geotechnical conditions have been a key factor in the assessment. We’ve required pretty rigorous assessment of that.
‘The proponent, from our perspective, demonstrated that they can construct the retaining wall to a standard that won’t cause further slip, and in fact, could improve the situation, because it’ll be an engineered wall…
‘If there turns out to be slip or problem, the responsibility ultimately rests with the landowner.’
Cr Simon Kinny asked about plans for the toilet block next door, and whether it was going to be repainted, as some public submissions requested.
Mr Wood said Council’s intention in the longer term was to move the toilet block to the other side of the road and replace it with a more modern amenities facility for people using Shaws Bay, so they wouldn’t be repainting the existing block.
The final decision to allow the development to proceed was passed with the support of all councillors except Cr Ramsey.
More stories about Ballina Shire Council:
Ballina Shire Council is encouraging motorists to drive safely over the coming days with king tides leading to minor flooding of some local roads. At its last meeting, as part of a long discussion about amendments to Ballina Council's delivery program and operational plan, there was a debate about whether Ballina Richmond Rotary Club should still be paid $8,000 to set up chairs for the RSL Lighthouse Day Club. Twelve Northern Rivers residents are celebrating the completion of a groundbreaking program designed to build essential skills and unlock employment pathways for women in civil construction. With local government meeting practice across the state returning to confusion following the NSW Legislative Council's recent decision, Ballina Shire Council's last meeting included a lot of unanimous decisions and an argument about the remnants of the Big Scrub, in which Mayor Cadwallader used her casting vote to squash Cr Simon Chate's motion. Independent Pricing and Regulatory Tribunal (IPART) has approved Ballina Shire Council's application to increase its general income through a permanent special variation (SV) of 26.25% [in rates] over four years, from 2026-27 to 2029-30.
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