Legal battle over plans for new beachside home
A CONTROVERSIAL development application for a prized block of land less than 100m from the beach will be discussed at an extraordinary meeting of Ballina Shire Council today.
The meeting will consider legal proceedings relating to the proposed demolition of an existing dwelling in Rayner Lane, Lennox Head, and the construction of a new, two-storey dwelling with a basement storey for car parking, storage and a swimming pool.
The council refused the DA in August 2018.
The applicant subsequently lodged an appeal against this decision in the Land and Environment Court.
"The purpose of this report is to provide council with an update on the proceedings with an associated confidential report providing further details on the key matters associated with the court appeal,” the council report states.
"Key contentions relating to the proposed development raised by council in submissions to the court include overshadowing and solar access impacts, bulk and scale and view loss.
"The court proceedings have progressed with a site inspection and conciliation taking place on September 12 and 13, 2019.
"The parties to the proceedings were not able to reach a resolution on the matter at the conciliation phase and the matter is listed for a court hearing on December 13, 2019.”
Further information on the status of the court proceedings will be provided to the councillors in a confidential report.
At the time of refusing the DA in August last year, the council said the proposed development "does meet the building envelope objectives of the Ballina Shire Development Control Plan 2012”.
It also stated the scale and location of the building would have "significant adverse impacts on adjoining properties and the streetscape”.
But town planners Ardill Payne and Partners, in documents lodged with the council on behalf of the owners, explained the building's non-compliance with the building envelope and Rayner Lane building line controls had been assessed and were considered "reasonable”.
"The development has been designed such that is highly functional and will provide a high level of residential amenity to its residents and will present well in the local streetscape and landscape,” the report states.
"Integral to the development is site landscaping that will soften the built form and beautify the site.”