The NSW Land and Environment Court has rejected the proposed expansion of the Berry Hotel, siding with Shoalhaven City Council and local residents. The development, led by Feros Hotel Group Pty Limited, aimed to modernise and expand the heritage-listed hotel. However, concerns over heritage conservation, excessive scale, and traffic impacts led to the refusal.
What Was Proposed?
The development application (DA), lodged on 22 September 2023, included several major changes to the Berry Hotel, located at 120 and 122 Queen Street, as well as 77 and 79-83 Princess Street, Berry. The proposal outlined:
- A two-storey accommodation building with 313 rooms.
- A rooftop swimming pool.
- Basement parking to increase capacity.
- Upgrades to the Berry Hotel’s dining and bar areas.
- Lot consolidation to enable the expansion.
- Access and parking formalisation on nearby council-owned land.
Artist impression by H&E Architects
Why Was the Development Refused?
The Shoalhaven City Council rejected the DA, citing concerns about heritage impacts, excessive building scale, and traffic issues. The Feros Hotel Group then appealed the decision through a Class 1 merits appeal in the NSW Land and Environment Court. After considering expert testimony and reviewing public objections, the Court upheld the Council’s decision. Several key issues influenced the ruling:
Heritage Concerns
The Court determined that the redevelopment would significantly alter the Berry Hotel’s original structure, which holds heritage significance. The proposal required removing or altering historic features, which conflicted with heritage conservation requirements.
Incompatibility with Berry’s Character
Berry is known for its small-town charm and historic conservation area. The Court found that the new accommodation building would be too large and out of place within the town’s low-rise, historic streetscape.
Scale and Bulk Issues
The size and bulk of the development raised concerns. The proposed two-storey building would dominate surrounding structures, disrupting the existing built environment.
Strong Community Opposition
Berry residents played an active role in challenging the project. The Court reviewed 378 formal objections, highlighting concerns about heritage preservation, traffic congestion, and overdevelopment.
Traffic and Parking Issues
The proposal included basement parking, but experts and residents argued that the changes would still increase congestion on Queen Street and Princess Street. The Court agreed, noting that the parking and traffic impacts had not been fully addressed.
Local Concerns and Community Reaction
Berry’s residents, businesses, and historical societies united in opposition to the development. Many feared that the expansion would compromise the town’s heritage, attract higher traffic volumes, and introduce an out-of-scale commercial structure.
Objections focused on several key concerns:
- Heritage Loss – Changes to the Berry Hotel’s historic fabric could weaken its heritage value.
- Overdevelopment – A large commercial expansion could alter the balance of Berry’s town centre.
- Traffic Congestion – Increased visitors and staff would strain local roads and parking areas.
- Noise Pollution – Features like the rooftop swimming pool and expanded bar areas could increase noise levels.
The Court’s Final Decision
On 30 January 2025, the NSW Land and Environment Court dismissed the appeal, preventing the Berry Hotel expansion from proceeding. The ruling emphasized:
- The accommodation building did not comply with Berry’s heritage conservation area controls.
- The redevelopment’s scale was too large, making it incompatible with the town’s character.
- The proposal failed to adequately address streetscape impacts.
With this decision, the proposed expansion will not move forward.
How to Stay Updated
For more details, visit the Shoalhaven City Council website and search for Development Application No. RA/23/1002.
