Court issues judgement on Byng St development

1June 2017

A Commissioner in the Land & Environment court has today handed down a judgment in the 62 Byng Street matter.

The judgement signals the court would let the proposal go ahead subject to a number of changes to the original plans.

Final orders have not yet been made.

The Commissioner has directed the Applicant to update the development application to ensure the documentation and plans are consistent and has required the Applicant to make a number of design changes to the development and provide further amended documentation including an updated plan of management and landscape plan.

In summary, for consent to proceed, the Applicant is required to:

• Delete the proposed removal of the stained glass heritage window.
• Delete the upper level connection/extension from the existing heritage building.
• Amend the proposal to ensure the fabric in the roof will not be impacted by the works. This was agreed to by the heritage consultant on the basis of an amended plan tendered at the hearing.
• Include screening to the balconies (privacy).
• Provide a landscape plan that demonstrates acoustic fence treatment and provides details of deciduous plantings to the eastern boundary to address the concerns of the public.

Subject to the Applicant (Mr Nock) providing satisfactory amended plans and documentation, and the Respondent (Council) providing revised updated Conditions of Consent that are consistent with the findings in the judgment, the Commissioner is prepared to make orders in Chambers. The Commissioner has set a date of 21 June when the amended plans should be received.

If the Applicant’s amendments satisfactorily address the matters raised by the Commissioner in the judgment and comply with the directions of the Court, the final orders will result in the approval of the further amended development subject to conditions of consent.

The judgment will be made available to the public on the NSW case law website (https://www.caselaw.nsw.gov.au) later today or tomorrow. Because these matters are still proceeding, Orange City Council will make no comment on this decision.