Council, developer engage in legal discussions over project
Byron Shire Council staff will continue a conciliation process with the company proposing a new mixed-use development in Brunswick Heads.
Oniva Pty Ltd, the company behind the proposal for business spaces, shop-top housing and a boarding house at 94 Kingsford Drive, brought deemed refusal proceedings against the council in December 2020.
The council filed a responding document on February 12, arguing the developer began proceedings before it was proper to do so.
Oniva began a fresh appeal four days later.
A conciliation conference was held on March 15 and the matter remains before the Land and Environment Court.
According to a report that went before the council's ordinary meeting last week, they received a total of 101 submissions when the DA went on public exhibition, all of them speaking against the proposal.
A petition opposing the DA attracted 1090 signatures.
According to application documents, the proposed $6.3 million development would be known as "The Corso" and managed by The Kollective, which has existing multi-dwelling developments in the Byron Shire.
Concerns raised included "incompatibility with the character, scale, design and density of the area", "exceedence of the floor space ratio development standard", a "lack of commercial and local facilities provided in the proposed development within Zone B1 Neighbourhood Centre" and "increased reliance on on-street parking, increased vehicular movements to and from the site, and potential impacts on pedestrian safety".
At the meeting, councillors discussed the matter in confidential business and voted to not authorise the general manager to grant any consent.
Instead, the council's staff are to continue the current conciliation process with the applicant.
Councillors resolved that the parties should address a range of issues, including the "relationship between the development and the public domain" in respect of "an improved design integration to the public reserve and greater activation of the ground floor for business/commercial/retail use".
They also found the parties should consider the proportion of business uses permitted under B1 zoning compared to residential space and the prospect of transport links and pedestrian amenities.
A further report is expected to go before the council by its May ordinary meeting, so they can consider granting the GM permission to enter into a conciliation agreement, if appropriate at that time.