Byron Bay, Tweed: most controversial developments
A land sharing “village” backed by a celebrity chef and a massive food hub are among 10 developments that have not appealed to everyone in the past year. See the list.
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They’re the plans that had NIMBYs in an uproar and others loudly celebrating.
Some went ahead and some were scrapped.
Here is an update on some of the region’s biggest developments that have had people talking in the past year.
Byron townhouses
A NSW Northern Regional Planning Panel meeting was held by teleconference in June to determine the future of a new development proposed for 103 Paterson St in Byron Bay.
The subject application was a multi dwelling housing development, consisting of 14 townhouses, eight swimming pools, the removal of 24 trees and the demolition of the existing dwelling.
Associated earthworks, upgrades to drainage channels and compensatory planting were also part of the proposal.
The development application had been one of controversy for Byron Bay residents, with many worried about the potential loss of the masked lapwing plover habitat, access, parking and manoeuvrability issues, and an overdevelopment of the site.
While the developers Planit Consulting submitted a revised application in March, Byron Shire Council continued to refuse the application, on the basis of five “fundamental threshold issues”, and the panel ultimately refused the application.
Skimmo’s demolition
Lismore City Council refused a development application in October which would have resulted in Union St corner store Skimmo’s being knocked down in favour of a 7/Eleven service station.
The development was largely objected by the community and prompted residents to sign a petition against it.
A number of concerns were cited as reason for objection by councillors including additional traffic, possible pollution of Hollingsworth Creek and flood mitigation.
Skimmo’s proprietor Kevin Handcock said keeping the store was crucial to retaining South Lismore’s “heart and soul”.
On 4 November 2021, the Spectrum Retail Group commenced appeal proceedings in the Land and Environment Court against council’s refusal of the development application.
West Ballina over 50s resort
A group of West Ballina residents were relieved after a court rejected an over-50s resort in November.
The developer, GemLife, took Ballina Shire Council to the Land and Environment Court over a manufactured home project.
It was initially proposed as 300 lots, but that was reduced by 66 lots while the case was being heard in court.
Justice Brian Preston found that three endangered ecological communities were present in and around the development site which was a mix of vacant land and a few houses.
Those sites are home to five threatened species, such as the southern myotis bat, the black-necked stork, the collared kingfisher, the mangrove honeyeater and the curlew sandpiper.
North Lismore Plateau
It’s been a controversial development ongoing for years but in 2021 some significant changes were made to the North Lismore Plateau.
Lismore City councillors in July voted to return 37ha of council-owned land on the North Lismore Plateau to its traditional owners, the Widjabul Wia-bal people.
Speaking after the meeting, mayor Vanessa Ekins said it was an important decision to ensure that the management of sites of cultural significance were in the hands of the traditional owners.
“We now know how important Sleeping Lizard Hill is to the Widjabul Wia-bal people and handing the land back is a small but significant act delivering just outcomes to traditional custodians by returning country to their care and control,” she said.
As part of the motion, council staff will prepare a briefing for councillors to examine how the land will be returned, including which organisation it will be returned to, possible time frames and the impact on council’s budget.
Nightcap Village
A $39 million rural land sharing community in Tweed’s hinterland, promoted by celebrity chef Pete Evans, garnered attention in the past year.
A proposal to build 392 homes on 1584.34ha of land on Kyogle Road at Mount Burrell went before the Northern Regional Planning Panel in August where it was refused on the grounds it was not permissible under the Rural Development State Environmental Planning Policy.
Tweed Shire Council also previously stated it would not approve the project on similar grounds.
The Nightcap on Minjungbul project team also has a “long term commercial arrangement” with controversial chef Pete Evans who promotes the development on his website.
A spokesman from Nightcap Village Enterprises said the determination by the panel was “disappointing” but “anticipated” just before it was determined.
“This is far from final,” the spokesman said.
“We are investigating our options moving forward including our right to appeal the decision through the courts.”
Iron Gates
A proposal to create 178 new residential lots as a part of the Iron Gates project returned to Richmond Valley Council for further consideration in 2021.
The $12 million proposal for a property on Iron Gates Road was lodged with the council almost seven years ago.
However, The Northern Regional Planning Panel in September resolved to allow Gold Coast-based company Goldcoral Pty Ltd to make changes to the development application before a decision was handed down.
The panel’s decision to allow the developer to lodge an amended proposal means the application will go back to the council for consideration.
The council is expected to prepare a further assessment report on the development.
The planning panel will still ultimately decide the development’s fate.
Director Graeme Ingles said it was disappointing to see the proposal drag on for so long.
The proposed development has been met with some controversy; it was targeted with a paddle protest on the Evans River.
Linnaeus Estate at Broken Head
A proposal for an “eco tourism” development in 2021 drew plenty of discussion, including celebrity opposition.
The proposal for 27 new cabins and other works in Broken Head was lodged with the Byron Shire Council on April 13.
The applicant, Broken Head Coastal Foundation Pty Ltd, also sought permission to use “private education accommodation units” to become eco tourist units.
Aunty Lois Cook, a traditional custodian of Ngangabal country in the Bundjalung nation, has voiced her opposition for the development in a as did actor Chris Hemsworth, who owns property in Broken Head.
Byron Shire Council has confirmed it received more than 2000 submissions on the development application through its public exhibition period.
The development was sent to The Northern Regional Planning Panel in July but is still under assessment.
Cudgera Creek agricultural food hub
A proposed $72.2 million agricultural food hub caused concern for some residents when it was pitched last year.
The Cudgera Creek Rd proposal involves creating a place for production or packaging and storage space for the Northern Rivers food industry.
If approved, it would include 19 sheds with more than 53,930sq m of manufacturing space.
Developer Anthony Elias said the $72.2 million investment would create about 443 jobs through construction and operational phases.
Nearby residents formed the Cudgera Creek Protection Alliance and objected the to plans on the basis of pollution, run off into Cudgera Creek, noise, traffic and flood risk.
Due to the investment value of the development, the final approval will be decided by the Northern Regional Planning Panel and is still under assessment.
Dry Dock Hotel
A proposed $6.05 million tavern caught the attention of some nearby caravan park residents as well as Tweed Shire Council’s mayor when it was pitched last year.
The Dry Dock Hotel would feature a food and drink premises with associated bottle shop drive-through and signage with hours of operation from 9am to midnight for the bar, tavern and bottle shop and 9am to 4am for the TAB and gaming.
The developers at the helm of the Fraser Dr plans are Mormatsal Investments Pty Ltd, which is co-directed by Taphouse Group managing director David Mattick.
Mayor Chris Cherry said during a Tweed Shire Council discussion in November there were concerns the pub’s proximity to a number of caravan parks could have a negative social impact on some of the region’s most vulnerable residents.
Colin Sharp, who lives in the Colonial Caravan Park on Fraser Drive, said there were enough pubs and clubs in the area and there didn’t need to be more.
West Byron housing lots
Koalas and frogs were called upon during a court hearing over West Byron land.
Site R & D proposed for 162 new lots to be created within the West Byron Urban Release Area to the south of Ewingsdale Road.
The plan would make up part of the West Byron Urban Release Area, with the rest covered by already approved Harvest Estate.
The proposal went to the Land and Environment Court in June where it was heard some contentions, including flooding issues, earthworks and fill and stormwater management had been resolved between the parties while other matters were still disputed.
Counsel for the developer, Clifford Ireland, argued there was no evidence the site was home to “core koala habitat” and there was social need for the development.
The council’s lawyer Adam Seton said there were “various records of koala activity on the subject site” between 2010 and 2017 as well as impact upon frogs using the area.
After the court hearing, the Commissioner reserved his judgment with a final decision in the matter yet to be handed down.
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