New venue one step closer despite Ballina council refusal
A CONTENTIOUS new function venue is a step closer after council refusal of the development was overturned in the Land and Environment Court.
Ballina Shire Council refused the development application for the Byron Highlander Estate Pty Ltd's plans for a function centre to cater to 100 people at the North Teven Rd, Teven site.
The plans for the development, expected to cost almost $1 million, also include the altered use of an existing home to tourist accommodation.
But Land and Environment Court Commissioner Jennifer Smithson upheld an appeal against this decision late last year.
During or after a conciliation conference, the council and developer reached an agreement of certain terms.
In her judgment, Commissioner Smithson said the proposed uses of the land were "permissible with consent and meet the objectives for development in the zone”.
"The site is not determined to be potential or existing koala habitat as defined by State Environmental Planning Policy .... with the location of the (venue) comprising a macadamia plantation and the dwelling proposed to become tourist accommodation already approved by the council,” she said.
Commissioner Smithson acknowledged Boral, which runs a quarry in the vicinity of the site, objected to the application.
But a Land Use Conflict Risk Assessment Report found potential conflicts would be "acceptable and negligible”, she said.
She noted prospective noise impacts were a "primary contention raised by the council and adjoining neighbours” but found, subject to agreed conditions of consent, noise levels from the venue would been the requirements of the NSW Noise Policy for Industry.
A construction certificate for the venue was listed as being determined on July 23.
Agreed conditions include that there must be no more than 26 functions or events within a 12 month period, a maximum of 100 guests, that an on-site manager be required at all times while the venue's in operation and that the venue must provide a report to council after the first six months of operation.
The council was informed of the LEC appeal over the new venue about the same time they discussed banning rural wedding venues in the shire last year.
Byron Highlander Estate Pty Ltd has been approached for comment.