Council firm on consent conditions for Byng Street hotel

SOON TO BE REPLACED: The fence on the boundary of 60 and 62 Byng Street was certified as being made of hardwood despite being treated pine. Orange City Council has ordered that it be replaced. Photo: JUDE KEOGH 0817jkfence2
SOON TO BE REPLACED: The fence on the boundary of 60 and 62 Byng Street was certified as being made of hardwood despite being treated pine. Orange City Council has ordered that it be replaced. Photo: JUDE KEOGH 0817jkfence2

A COMPLAINT will be lodged against a private certifier after giving a treated pine fence the green light when it was supposed to be built of hardwood. 

On Tuesday night, Orange City Council considered changes to the boutique hotel under construction at 62 Byng Street, including the removal of eight balconies.

However, most of the attention was focused on a fence on the boundary of 60 Byng Street, which the NSW Land and Environment Court specified should be hardwood.

The plans submitted with the construction certificate were instead for treated pine.

VIDEO: The fence in question …

Development services director David Waddell told councillors the certifier’s role was to ensure projects were built in line with conditions.

“The private certifier has decided this [treated pine] was acceptable until raised – in this case, he must have satisfied himself that such a change was okay,” he said.

Despite successful negotiations between Denoc Holdings director David Nock and neighbour Ernest Shave, councillors decided to keep the hardwood requirement, meaning Mr Nock would have to remove the treated pine fence.

Deputy mayor Joanne McRae said it was important to uphold consent conditions, especially when they were ordered by the court.

“If we allow this sort of change and make it alright later on, we’re going to make a rod for our own back,” she said.

Councillor Kevin Duffy asked to lodge a complaint with the Building Professionals Board about the way the construction certificate was issued.

Mr Nock said the switch was a mistake and he first became aware after a complaint from his neighbour.

He said he would speak to the council again with the hope of reversing the decision on hardwood, “before we destroy a $20,000 fence”.

“It’s surprising that councillors want to do that, it wasn’t deliberate,” he said.

“We don’t have control over [the private certifier] at all.”

The heritage-listed Yallungah mansion will soon provide 22 rooms.

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