GJD Developments' Byron DA rejected by NSW Northern Joint Regional Planning Panel as “disrespecting the process”

A four-storey mixed use development covering three building lots totally 2,834m²  approx. 1km from Main Beach, comprising commercial premises, café, child care centre, 24 shop top residential units, 26 serviced apartments and underground parking for 120 cars, has failed to gain consent.

Echo NetDaily, 14 November 2018:

A contentious application to build a four-storey residential/commercial development at the southern end of Jonson Street has been refused by the Joint Regional Planning Panel, with one panelist branding it ‘disrespectful’.

There was a burst of applause from the public gallery as the panel unanimously rejected the $21.1m development at a meeting in Mullumbimby on Wednesday afternoon.

In doing so the panel went against a recommendation from Byron Council staff that the development be approved.

Instead, the panel accepted one of the main objections from locals, namely, that the proposed development was to be two-and-a-half metres above the current 9-metre height limit for that part of Byron.

This would have allowed the developer to squeeze a fourth storey into the building, going against resident’s long-held desire to maintain a three-storey CBD height limit.

In arguing that its proposal should be approved, the developer relied heavily on the fact that Byron Council has proposed to increase building height limits in this part of town to 11.5m.

But the panel found that until the proposed increase had gone through the appropriate community consultation processes and become law, the development could not be approved.

‘I’m concerned that we’re being asked to vary a height limit based on a proposal that hasn’t been subject to community consultation,’ panel member Pamela Westing said.

‘I find it disrespectful quite frankly, not to go through that process before making the application.’

Panel Chair Garry West agreed.

‘Who’s to say that, after the community consultation process, it [the new height limit] won’t come back to 10.5 metres or 10 meters?’ Mr West asked.

‘If we were to approve that at the moment we would be disrespecting the process.’

Earlier, the meeting heard from around a dozen residents and resident group representatives, all of whom objected to the proposal development.