Plans for the two-storey development at Newrybar
Plans for the two-storey development at Newrybar

Rejected house plans could cost council $100K in legal fees

AT THE January council meeting, Ballina mayor David Wright warned his colleagues that rejecting a development application for a two-storey house and swimming pool in Newrybar could result in a costly legal battle for the council.

The DA was rejected, and the proponents will appeal the decision in the Land and Environment Court.

According to council papers, the council expects to spend $100,000 fighting the development application in court.

The matter is set down for a conciliation conference and hearing on September 14 to 15, 2020.

In January, Cr Wright aired fears it was a case the council may not be able to win.

"I don't want this to go to the Land and Environment Court," he said.

"So many people have already got approval for the same thing."

He was outvoted four votes to six.

The owners of the 36-hectare Old Byron Bay Road property hoped to capitalise on spectacular views.

Ballina Shire Council found the dwelling's proposed site on the escarpment was a deciding factor in the downfall of the plans.

The plans also included "decommissioning" the existing house and the construction of an access road, which had already been built.

Neighbours were not impressed with the proposal, with more than a dozen penning objections to the plans, citing privacy concerns, impact on views, and environmental concerns.

Neighbours and councillors were opposed to the development's position on the ridgeline.