13.14 - Attachment 1

Report No. 13.12         PLANNING - 10.2014.714.1 - Demolition of existing dwelling, garage, and all other structures at 9 Station Street Bangalow

Directorate:                 Sustainable Environment and Economy

Report Author:           Paul Mills, Senior Assessment Officer - Planning

File No:                        I2015/219

Theme:                         Ecology

                                      Development and Approvals





The application seeks development consent for the demolition of the existing single-storey dwelling house (cottage) and freestanding four (4) car garage on the subject site. In addition two (2) small outbuildings in the rear yard are also proposed to be demolished.




A previous development application over the subject site (DA 10.2013.570.1) sought consent for removal and demolition of existing dwelling and garage, erection of a two (2) storey mixed-use residential and commercial building including a residential flat building, (comprising eight (8) dwellings), three (3) shops and basement car parking for twenty-one (21) vehicles. Council resolved to refuse that application and this decision was subsequently appealed in the NSW Land & Environment Court. The appeal was dismissed 7 October 2014.




It has not been adequately demonstrated that the proposed demolition and leaving the site vacant will not have a detrimental impact on the Bangalow Heritage Conservation Area and the setting of the nearby Bangalow A&I Hall (Heritage Item).


In a preliminary review of the demolition proposal by the Heritage Consultant who represented Council for a previous appeal over the subject site, the following comment was made:


 “In my professional experience and opinion, it would be a very unwise decision on the part of Council to permit demolition of a cottage, in a conservation area and in the immediate vicinity of a heritage listed building, without linking that consent to approval of a replacement dwelling.”


In response to the public notification process a total of eleven (11) submissions were received. The matters raised in the submissions included:

·    concerns the proposal will detract from the character and appearance of the Bangalow Conservation Area and the setting of nearby Heritage Items;

·    a decision to demolish the cottage should not be undertaken until there is evidence to answer the ‘Helou’ planning principle, and

·    the submitted Statement of Heritage Impact was prepared for a previous development application to redevelop the subject site and not leave the site vacant.


The matters raised in the submissions have been discussed in Section 3.6 of the assessment report within Attachment 1. 




It is considered that the proposed demolition of the existing cottage will detract from the character, appearance and streetscape of the Bangalow Conservation Area and the setting of the Bangalow A&I Hall (Heritage Item) which are matters for consideration within Clause 5.10(4) of Byron LEP 2014 and Chapter C1 of Byron DCP 2014.





In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.







That Pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, development application 10.2014.714.1 for demolition of existing dwelling, garage and all other structures, be refused for the reasons listed in Attachment 1.





1        Development Application Evaluation Report, A2014/33263 

2        Proposed Plans 10.2014.714.1, E2015/17311 

3        Confidential - Submissions 10.2014.714.1, E2015/17880 (provided under separate cover)