Update July 2025
We are currently seeking consent for a subdivision application which would see three lots subdivided into seven lots.
Five would encompass a dwelling entitlement, across the C4 Environmental Living zoned land only. This would result in an increase of two dwellings, from three permissible already to five. One lot would entirely encompass the C2 Environmental Conservation zoned land and would not have a dwelling entitlement. These six lots would form a community title scheme. The remaining lot to the east of the beach access and abutting Elements of Byron resort is zoned SP3 (tourist use) and 7(f1) coastal lands. This would ultimately be isolated from the community title scheme and consolidated into Elements of Byron resort, with the 7(f1) coastal lands portion being heavily revegetated.
The five large – 1.1 hectare – housing allotments would provide ample space for dwellings to be located in cleared grassed areas. The C4 zone permits single houses but not secondary dwellings or dual occupancy, so there could never be more than one house on each of the five allotments. The development footprint of the five houses would ultimately comprise a maximum of 10.5% of the community title land.
Beach access
The beach access would be formalised to a public reserve that would be owned by Council. The DA proposes the dedication of a 3237m2 parcel of land to Byron Shire Council as a public reserve. The current arrangement is by “right of carriageway” across private land at 5m in width. The width would be increased to between 10 and 20 metres. Residents of the proposed future houses would also access the beach using this access, which would be slightly reconfigured.
Background
To the west of Elements of Byron Resort is the old nine hole golf course, most recently used as the Byron Writers Festival site. Constructed in the late 1970s by the Byron Bay Beach Resort, the golf course operated for around thirty years.
In May 2022 the 40.1 hectare subject site was rezoned. The rezoning applied the C4 Environmental Living zoning to the 10.3 hectare cleared section. The remaining 29.8 hectares including all land seaward of the 100 year coastal hazard line were zoned C2 Environmental Conservation or remain zoned 7(f1) Coastal Land Zone, providing a high level of environmental protection. The rezoning brought our dedication to C2 and C3 conservation zonings up to 60% of the overall property, or 52.5 hectares. The majority of this being C2 Environmental Conservation.
The C4 Environmental Living Zone objectives* are:
– To provide for low impact residential development in areas with special ecological, scientific or aesthetic values.
– To ensure that residential development does not have an adverse effect on those values.
* Mandated objectives State Government Standard Instrument.
In April 2024 Byron Shire Council adopted the Byron Development Control Plan Chapter E5: Certain Locations in Byron Bay and Ewingsdale, which includes provisions for ‘Precinct 3 – Environmental Living’. To support the DCP and provide clarity for the public we prepared the draft North Byron Design Guide. The role of this Guide is to establish design principles for housing and landscaping on the C4 land. Whilst it is consistent with the DCP the document is a guide only in that it is not formally part of the DCP.
