Wallum development: Protests raging as Clarence Property forges on with controversial Brunswick Heads housing project
Tensions are rising as early works start on a controversial and long-flagged development at Brunswick Heads in the Byron Shire, sparking outrage among some of the local community.
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Tensions are rising as early works kick off on the controversial and long-flagged Wallum development at Brunswick Heads in the Byron Shire, sparking outrage from some of the local community.
On Thursday, Save Wallum protesters “peacefully” brought slashing machinery to a halt on the northern NSW site in what was described by spokesperson Valerie Thompson as “another nonviolent direct action” to save the claimed biodiverse site – home to threatened species.
But the developer has hit back, saying they would not condone such behaviour.
Byron Mayor Michael Lyon said everyone had a right to protest – but there had been some “unfortunate incidents” reported.
The battle over Clarence Property’s Wallum community on Torakina Rd, next to the Bayside housing estate, comes as Mr Lyon and mayors across the regions statewide – battle for government action to address housing shortages.
Mr Lyon said some unidentified people had taken their protests too far.
“One of the developer’s contractors had the tyres of his car let down,” Mr Lyon alleged.
“They almost had an accident on the highway travelling at 110km/h … it was very dangerous and it could have been a serious criminal act.
“There are actions like that which have been very problematic, while I respect peaceful protests actions like that are not peaceful.”
Clarence Property (CP) CEO Simon Kennedy said the company did not condone any “threatening” and “violent” behaviour toward staff, contractors and the general public.
“We are aware and very concerned and this matter has been referred to the police for further action,” he said.
“We are working with police to ensure a safe environment for our contractors and staff as well as the neighbouring Bayside community.”
Mr Kennedy said CP had received correspondence from the local community expressing concerns for their own safety, which had also been referred to the police.
“The political activists are illegally occupying the premises and are using intimidatory behaviours to prevent our contractors and staff from working safely on the site.”
The State Government Regional Planning Panel approved the Wallum development application back in 2023, Byron Shire Mayor Michael Lyon said.
“A few people started to arc up about it (in September last year) saying they weren’t properly consulted, there’s endangered species et cetera … It was portrayed by the Greens as a council decision somehow,” he said.
“The Byron Shire Council has never been the consent authority. It was a concept plan created in 2013 by the state government … that was when the fight for Wallum was lost.
“From a state government level, Minister Scully has ruled out any kind of referral to the Department of Environment.”
Greens candidate for Richmond Mandy Nolan said there were 24 threatened species and 215 species of flora on the Wallum site.
“We have environmental laws in NSW that are far too weak and they don’t protect these incredibly important species as they should be,” she said.
“It’s known as a ‘zombie development’, which means some of the original approvals that went through on this site happened before the environmental laws were what they are now.
“You shouldn’t have to have a demonstration of people giving up their days and time to fight for an ecosystem when the laws there to protect the environment should be doing exactly that.
“The protest is about stopping the development by sending a message to the State Planning Minister Paul Scully and Minister for the Environment and Water Tanya Plibersek that we want this development called in.
“They have the power to do it and we are going to put pressure on to make sure it happens.”
Responding to the claim about the tyre incident, Ms Nolan said it was “out of line” as there was no proof.
“It’s dangerous to stir up antagonisms by saying things like particularly for a campaign that’s been strongly committed to the politics of nonviolence and has done so much training around that,” she said.
“Taking one incident and attributing blame is part of a toxic behaviour saying ‘look how bad the protesters are’ and I think it’s wrong and misinformed.
“I heard nobody knew who actually had done it.”
Ms Thompson said of Thursday’s action: “Today we were shocked to see machinery on site which quickly encroached on Endangered Wallum Sedge Frog habitat, and Save Wallum Protectors swung into action to peacefully intervene and stop the work.”
Mr Kennedy said no threatened species would be impacted by the development and all presence on the site was contained within the significantly enlarged conservation areas.
“CP will retain and enhance approximately 2.6ha of high quality Wallum froglet habitat, providing foraging, breeding and sheltering areas for Wallum Froglets on the eastern and western extents of the site,” he said.
“CP engaged Australian Wetland Consulting (AWC) to create and implement the Wallum Froglet Management Plan (WFMP), which is the result of a decade of monitoring groundwater at the Wallum site.”
When it comes to the proposed housing, Ms Nolan said it was looking like land would cost about $600,000-$700,000 for a smaller block, which was not suitable during a housing crisis.
“This isn’t public or social housing we’re talking about, this is luxury housing and we are not in a luxury housing crisis,” she said.
“The community is not going to let this happen, where the law fails and when the government fails, the community will stand up and fight.”
Cr Lyon said he was hopeful to see medium-density lots, which were flagged as part of the panel approval.
“I’m also proposing a revised site footprint to achieve more affordable housing, a higher density and reduced footprint in order to obtain further wins for the environment including saving the older scribbly gums and creating a better buffer between the development and the froglet populations,” he said.
“The idea of the revised footprint would be to obtain better environmental outcomes and better housing outcomes and a workable compromise between the competing interests.”
While the council did not approve the DA, Cr Lyon said staff analysed aspects of the site to see if consent conditions had been complied with, and said they had been.
“In my view staff did a really good job in restricting the footprint of the development through their recommendations and negotiations with the developer,” he said.
“They had some wins for the environment by reducing lot numbers from 150 to 123, saving a significant amount of vegetation.”
Mr Kennedy said CP exceeded the statutory requirements at all stages of the process.
“We have worked with Council to make further amendments to the development layout during the assessment and approval process,” he said.
“Our plans have been led by ecological considerations on the site and preserving the areas of greatest value.
“These improvements included decreasing the developed land by almost 6 hectares so it will now be built almost exclusively on land that has been slashed since at least the 1950s.
“Conservation corridors will be preserved to protect and enhance existing habitat, with 18-hectares of the highest-quality ecological areas to be rehabilitated and protected in perpetuity. CP has sold the first 19 homesites to local families and we have a waiting list of others interested in the residential development.
Ms Nolan said the protests were not against housing or development: “It’s about pushing for development in appropriate areas.”
“We have to make sure we don’t push into threatened habitats when we build housing,” she added.
A NSW Police spokesperson confirmed officers had been sent to the development site on “several occasions” over the past few weeks, however, no arrests or charges have resulted.
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Originally published as Wallum development: Protests raging as Clarence Property forges on with controversial Brunswick Heads housing project
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