Federal Court ordered Stop work injunction amended for developer Clarence Property on Wallum Brunswick site

Developers of an ecologically sensitive Byron Shire housing estate which has been overrun by protesters have had a win in court after a stop work injunction was amended.

Developers of an ecologically sensitive Byron Shire housing estate which has been overrun by protesters have had a win in court after an interim stop work injunction was amended, allowing works to resume.

But the protest group, Save Wallum, say their fight is far from over.

Clarence Property, who are developing the Wallum site at Brunswick Heads, were ordered in early July by the Federal Court of Australia to cease work onsite.

The Save Wallum group announced it had been granted the injunction, which was lodged in court by Barrister Jonathan Korman and approved by Justice Raper in Sydney.

Security contractors at the Wallum site. June 26, 2024. Picture: Save Wallum

The motion came after repeated bouts of intense protests at the already-approved development site, which saw riot squads called in and emergency service personnel who were forced to cut the eco-warriors free from machinery.

As a response, Clarence Property beefed up security at the site.

At the time of the injunction, the Save Wallum group said members had “shed tears of joy” over the temporary ruling.

On Friday, the protest group had declared another win after it was announced in court the final injunction ruling would not be held until October.

However, Clarence Property say the amended order will allow them to continue early site works, with the potential for machinery to start back up on site within a matter of days.

In a statement, Clarence Property CEO Simon Kennedy said the final stage of the Bayside Brunswick residential development would meet a critical need for new housing in the shire that had been identified by council.

Wallum protesters outside Byron Bay Court on May 13, 2024. Picture: Save Wallum.

“We are pleased to confirm that our planned early ecological works at our Bayside Brunswick

residential project can move forward,” he said 

“We believe the court’s ruling affirms our commitment to responsible development and environmental stewardship and we will continue to respect the legal process as we work towards the final determination of this matter in October.

 “Our focus now is on ensuring safe access for our contractors and progressing with this essential project.”

When contacted by The Daily Telegraph, Mr Kennedy said Clarence Property understood the ecological sensitivities of the site better than most.

Clarence Property (CP) CEO Simon Kennedy. Picture: Supplied.

“Our appointed ecological advisors have been working on the site for more than ten years, long before we bought it. They practically came with the site,” he said.

“We didn’t choose them. These guys are local and understand the site. They are properly invested and are as green as ever.”

Mr Kennedy voiced his frustrations about protest action, saying it was “appalling” the development had faced so many roadblocks.

“It’s ridiculous that an already-approved development, which has had adequate consultation, has been prevented from proceeding,” he said.

“We are in the midst of a shocking housing crisis. There are hundreds of people sitting in temporary housing pods and when that all ends – they will literally have nowhere to go. All the while we are sitting here with more than 100 homesites ready to build. It’s absurd.

“The (Save Wallum) group has had since February to lodge this injunction. They only did it when they started to lose control.”

Save Wallum declared on their Facebook page on Friday that the delay of the final injunction was a “fantastic result”.

“Woohoo! The interim injunction on the Wallum development at Brunswick Heads is upheld. There are some conditions which we will understand better next week but this is a fantastic result!,” the group wrote.

In a statement from Save Wallum at the weekend, spokesperson Svea Pitman said the delay of the final injunction decision was a “significant win for nature”.

“The decision, handed down on Friday afternoon, will assure bulldozers are kept at bay until the matter is determined by the court,” she said.

“The main contest before the court at the further hearing of Save Wallum Inc’s interlocutory injunction application was the controversial construction of nine artificial frog ponds, which are proposed as part of the early development works.

“Justice Bromwich accepted that the construction of these ponds may pose a risk to the site’s Wallum Sedge Frog population and has blocked any construction of the proposed ponds until a final determination of the matter.

“The orders otherwise permit very limited works including installation of bunting, regeneration of the seed bank along sandy tracks and weed maintenance - strictly without the use of weedicides.

“This ruling represents another positive step forward in the fight to preserve 30 hectares of rare coastal Wallum heath and woodlands—home to nine federally listed threatened species.

60 per cent of the Wallum site will be dedicated to conservation areas.

Mr Kennedy said five of eight conditions sought were granted by the Federal Court on Friday.

The final injunction ruling will be handed down in October.

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