Controversial plans to expand a small tourist retreat in hills north of Berry has been approved by the Land and Environment Court, six months after the proposal was knocked back by Shoalhaven Council.
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Wayne Houghton, owner and operator of the “ultra exclusive” farm-stay Mt Hay Retreat, applied to the council in November 2014 to convert one of his six self-contained cabins into a ‘Wellness Centre’ and erect a new two-bedroom cabin as a replacement.
The court heard the proposal attracted considerable opposition from the Berry community, with 219 objection letters received by the council during the assessment phase.
Meantime, Mr Houghton amended the plans – changing the use of the building from a Wellness Centre to a gym – however the council still rejected the application last November.
Mr Houghton immediately lodged a court appeal.
At an on-site hearing in early May, residents continued to voice their concerns about the proposal, suggesting that the new cabin would be “highly visible” on the escarpment and diminish the “scenic value and visual amenity” for those living in town.
They said the development was no longer a “farm stay” but now a “boutique hotel”, which fell outside what was allowed under the site’s zoning.
However, Commissioner Susan Morris ultimately found in favour of Mr Houghton, saying the development did comply with the site’s zoning and she did not consider the “size or scale of the building in its particular location” was so large that it would adversely impact the area’s aesthetics.
“The building cluster forms a very small part of the scenic escarpment and the cabin has been designed so as not to be intrusive,” she said in a ruling handed down last week.
“For these reasons …. I do not consider that consenting to the development would be contrary to the public interest.”
She said concerns raised over the building materials to be used in the development could be addressed through consent conditions imposed by the council.