Feros Hotel Group Pty Limited v Shoalhaven City Council [2025] NSWLEC 1052

Feros Hotel Group Pty Limited v Shoalhaven City Council [2025] NSWLEC 1052

The proposal would result in an adverse heritage impact on the fabric and legibility of the Berry Hotel, involving the removal of excessive significant internal fabric, contrary to the heritage objectives of the Shoalhaven Local Environmental Plan 2014 and associated controls. The proposed hotel accommodation...

Source-derived case information.

Parties
Applicant: Feros Hotel Group Pty Limited; Respondent: Shoalhaven City Council
Jurisdiction
Australia
Judgment Date
30 January 2025
Procedural Posture
Class 1 Development Appeal / Final Judgment After Contested Hearing
Outcome
Appeal dismissed, development application refused
Legal Topics
Development Application, Heritage Impact, Local Environmental Plans, Development Control Plans
Planning Law Heritage Law Development Application Heritage Impact Local Environmental Plans Development Control Plans

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Parties

Feros Hotel Group Pty Limited

Applicant

Shoalhaven City Council

Respondent

Procedural Posture

Class 1 Development Appeal / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the proposed alterations and additions to the Berry Hotel would result in an adverse heritage impact on the hotel or its conservation area
  2. 2 Whether the proposed hotel accommodation building is compatible with the historic residential character of Princess Street
  3. 3 Whether the planning controls and LEP objectives align or are in conflict for the subject land

Ratio Decidendi

The proposal would result in an adverse heritage impact on the fabric and legibility of the Berry Hotel, involving the removal of excessive significant internal fabric, contrary to the heritage objectives of the Shoalhaven Local Environmental Plan 2014 and associated controls. The proposed hotel accommodation building is not compatible with the historic residential character of Princess Street, thus not achieving the objectives of the Berry Town Centre controls. Development consent is refused as the proposal does not adequately protect or respect the heritage significance or character of the area.

Court Disposition

Appeal dismissed, development application refused

Orders

  • The appeal is dismissed.
  • Development Application No. RA/23/1002 for alterations and additions to the Berry Hotel and associated works is refused.