A court hearing has been scheduled for a Newcastle developer’s West Byron proposal

Plans for the $40 million subdivision, initially seeking approval of 387 new lots, have been subject to a lengthy Land and Environment Court process after its refusal by the regional planning panel.

The properties (in red) which relate to the Site R & D development application for a residential subdivision in the West Byron Urban Release Area along Ewingsdale Road, close to the Byron Bay township (right).

Plans for a $40 million subdivision within the West Byron Urban Release Area are set to be disputed in a Land and Environment Court hearing in June.

A five-member Northern Regional Planning Panel refused a development application to subdivide six lots on Ewingsdale Road and Melaleuca Drive into 387 lots February 4, 2019.

The Byron Bay proposal, brought by company Site R & D, was originally lodged with Byron Shire Council on November 21, 2017.

Site R&D, based in the Newcastle suburb of Kotara, later lodged a revised DA, dated August 2019, proposed a 162-lot subdivision, to be completed in stages.

Although it was the planning panel that refused the DA, the court appeal against this decision has unfolded between the applicant and the council.

But as part of court proceedings, Commissioner Michael​ Chilcott has granted the developer leave to file amended plans relating to the DA.

Byron Shire Council’s legal counsel Ralph James said a hearing was scheduled for June 21 to 23.

The two areas which relate to the Site R & D development application for a residential subdivision in the West Byron Urban Release Area along Ewingsdale Road.

“As a result of the amended plans, our experts has to go back to look at their amended plans and may make comment in relation to those amended plans,” Ms James said.

Mr James said the council would then be required to file a statement of facts and contentions, setting out its case.

“We propose to get that filed by the end of this week,” he said.

“The applicant will have a chance to look at it and file a document in reply.”

The council has also been ordered by the court to file and serve a draft document detailing “without prejudice conditions”.

Mr James said while this may “seem rather odd” to members of the community, the council was required to set out conditions it would be content with, in case the applicant is successful in its appeal.

This proposal is distinct from an adjacent development which was approved in the Land and Environment Court in December 2020, subject to a suite of conditions.