The current public access to the beach would continue unimpeded.

Residents of the proposed future nine houses would also access the beach using this existing accessway.

The pied oystercatcher has appeared in social and print media in relation to this proposal.

The photo was not taken on the subject land. They do not nest on or near the subject land. They nest at Belongil Creek in the sands.

National Parks, Byron Bird Buddies and Elements of Byron staff work together to provide safe nesting areas.

Subject to both discussions and approvals from the festival and Byron Shire Council we would be looking to rehome the event at an alternative suitable location within the overall property.

"In the ten years that the current owners have owned the site, they have been strong supporters of the festival, and have kept us informed of their plans. Over the years, the festival location has changed a number of times within the Elements/North Byron Beach Resort land, and we have discussed with representatives of the owners over the last couple of years how the festival site could change if a rezoning were approved there. We are keen to continue holding the festival there and the land owners have always shown willingness to continue to support the festival."
Adam van Kempen, Chair Byron Writers Festival

This site is different.

Coastal hazard modelling undertaken by both Byron Shire Council (2013) and Royal HaskoningDHV (2019) confirms that the coastal hazard erosion lines relating to the site have moved substantially seaward. In this regard the site is unlike other sites affected by coastal hazard.

The studies have been done.

The expert assessments to understand the future coastline hazards for the subject site have been completed. There has been no conjecture, no disagreement or grey area regarding the findings.

The timing of this Planning Proposal now relates to:

  • The Shire-wide E-zone review process.
  • The uncertain timeframe to complete the Shire wide Coastal Management Program. It is considered unreasonable to require this site to wait for the outcome of that process given the certainty of the coastal science and conservative approach applied to the proposed rezoning.
  • The opportunity to settle the development potential and ecological protection of this land in perpetuity.

The land proposed for E4 Environmental Living is the old golf course cleared land. It is predominantly exotic grassland with scattered coast banksias and broad-leaved paperbarks. There are also two man made waterbodies with fringing vegetation. The proposed nine houses would be restricted to this E4 area.

Commitments include:

  • Minimal site disturbance, given the cleared nature of the subject land.
  • The provision of an appropriate buffer to the dunal vegetation via the application of an E2 Environmental Conservation Zone.
  • Appropriate Asset Protection Zones to address bushfire hazard.

This planning proposal brings our dedication to E2 and E3 conservation zonings up to 60% of the overall property, or 52.5 hectares. The majority of this being E2 Environmental Conservation.

A Flood Assessment undertaken by Royal HaskoningDHV reviews previous flood studies and the Council Flood Study Model. The flood modelling predicts the post development flood hazard and confirms that the single-dwelling building pads will not result in a noticeable change in hazard classification nor will they impact on flood behaviour on surrounding properties. This is reflective of the slow-moving low-depth flood behaviour associated with this part of the catchment. Councils sea-level rise predictions have been incorporated into this modelling.

Some reconfiguration may be required to provide vehicular access to the lots however most of the existing car parking within the road reserve and constructed by the landowners will remain.

Yes. Several alternative schemes were considered, including the application of the SP3 Tourist Zone, the application of a Large Lot Residential Zone and the application of a Rural Residential Lot Zone. The alternative schemes reviewed all resulted in significantly greater densities of development than the modest singe dwelling scheme proposed. The application of the SP3 Zone, for example, would result in sufficient area to effectively duplicate the existing resort.

The proposal provides for a maximum of nine future lots (subject to a further approval). Traffic movements associated with this number of lots are not significant. It is considered that the intensity of development proposed is minor compared with other potential zoning options.

A report has been prepared by Bushfire Certifiers identifying appropriate asset protection zones (APZ’s). An asset protection zone is an area established and maintained to ensure that bushfire fuels are progressively reduced between the development and the bushfire hazard.

The Planning Proposal was reported to Council’s Ordinary (Planning) Meeting of 17 September 2020. Council resolved to forward the Planning Proposal to the Department of Planning, Industry and Environment for Gateway Determination. Gateway Determination was issued on 8th March 2021 and the proposal will now be publicly exhibited by Council for 28 days.

If the Planning Proposal is gazetted (made lawful), the LEP mapping would be amended and DCP provisions adopted by Council. We would then make a further application to subdivide the land from four to nine lots. Further opportunities for community input and engagement would occur at that time.

Whilst we have done our best to lay out the current Planning Proposal and longer term vision for this subject site via this website, we understand that some community members will have further questions and/or outstanding issues.

We encourage all to make contact to share their thoughts and questions with us direct.

Please contact enquiries@northbyronbeachresort.com.au or 02 8379 4044 to ask questions and provide feedback.

Thank you.