23.9 C
Byron Shire
April 15, 2024

Large Suffolk development heads to court

Latest News

Highway crash heading north from Byron

A crash on the Pacific Motorway heading north from the Byron Shire on Monday morning reduced traffic to a single lane around 11am.

Other News

After school care phased out 

Byron Council will cease providing out of school hours care (OSHC) in the shire after deciding that the cost and regulatory burden is too great to bear.

Mass tree-planting planned for Bruns River in Mullum

More than five thousand native plants are to be planted along Brunswick River banks in Mullumbimby.

We wonder why

Living in Byron Shire the majority of people continue to ask why is this organisation continuously letting this community...

Teens charged following break and enter and 50km pursuit

Two teens will appear in court today charged following an alleged break and enter and pursuit through the Northern Rivers.

Flood-prone frog habitat slated for industrial expansion

The Byron Arts & Industry Estate would expand onto the other side of Ewingsdale Road under a new project before Byron Council which is currently on public exhibition.

Local wins Pan American BJJ Championship

Multiple times world champion and head coach of Jiu Jitsu at The Academy Byron Bay, Thalison Soares, is continuing his 2024 dominance on the world stage with a win at the prestigious Pan American Championship in Orlando, Florida in late March.

Locals say that the DA is an overdevelopment of the site that will lead to further gridlock of rads and is not in line with the character of the area.

The Suffolk Park Progress Association (SPPA) say they will request that elected councillors retain a decision-making role in a large mixed-use complex proposed for Clifford Street, after the Sydney-based developer commenced court proceedings against Council for refusal.

In a presentation to be given at this Thursday’s Council meeting, SPPA president, Donald Maughan, says that given the major concerns from the community, ‘We want community views to be represented, and we want the community be kept informed by our councillors throughout the case’.

Let down by West Byron representation

His speech reads, ‘Our Suffolk Park community’s concerns relating to the Land and Environment Court cases are validated by the way the West Byron development went in that same court’.

‘Decisions were made by staff on advice from Council’s external solicitors, with none of our elected Councillors at the table. That outcome left community with a feeling of capitulation and no representation in the process.

‘We, the Suffolk Park community, ask Council to urgently resolve today to retain their role as the decision makers in the court process and select a sub-group of councillors to have authority to make these decisions’.

Maughan says ‘Some, but not all of the community concerns are: 1. the development requiring use of neighbouring community land for APZ’s; 2. Totally inadequate parking allocation; 3. Exceeding height and bulk of the development; 4. Inaccurate traffic survey report; and 5. Building commercial development on R2 designated land’.

In response, Cr Duncan Dey says he has lodged an urgency motion, which reads in part that councillors only learned of the court case ‘last Friday’.

Urgency motion

His motion requests that ‘a group of three councillors be delegated authority, currently resting with the general manager, to make decisions arising out of the L&E Court case…’

The Echo asked the developers behind the controversial plan, Denwol, ‘Why isn’t Denwol seeking to negotiate in good faith with Council instead of going to court? Was Council’s rejection unreasonable, and if so, how?’

A Denwol spokesperson told The Echo that given the DA was before the court, it was ‘not appropriate to discuss the matter further at this time’. They did say, ‘We can confirm that prior to initiating LEC proceedings, we did endeavour to discuss the issues with Council’.

According to www.denwol.com.au, ‘Denwol is a Sydney-based diversified property group owned and controlled by Phillip Wolanski’.

Ralph James, Council’s Legal Counsel, told The Echo, ‘On July 19, 2022, the development application [DA 10.2022.137.1] was refused by Council. On September 9, 2022, the applicant commenced proceedings in Class 1 of the Land and Environment Court’s jurisdiction, appealing against Council’s refusal of the development application.

‘The appeal is listed for a Conciliation Conference on February 3, 2023’.

Support The Echo

Keeping the community together and the community voice loud and clear is what The Echo is about. More than ever we need your help to keep this voice alive and thriving in the community.

Like all businesses we are struggling to keep food on the table of all our local and hard working journalists, artists, sales, delivery and drudges who keep the news coming out to you both in the newspaper and online. If you can spare a few dollars a week – or maybe more – we would appreciate all the support you are able to give to keep the voice of independent, local journalism alive.


  1. The Land and Environment Court needs to understand the concerns of the local communities. Unfortunately, it seems to have been harnessed by Lawyers that are highly selective in submitting their Anthropocentric/Capitalist presentations by effectively dismissing Public/Ecological Rights and the imperative protocols that uphold Democratic Institutions that support Human/Ecological Rights. West Byron is a perfect example of legal bias. In order to achieve the West Byron Development Application Byron Council Lawyers negotiated ‘behind closed doors’, they succeeded in dismissing the Rights of Nature to exist on a Flood Plain, dismissed the of multitudes of resistance/petitions by the Byron Community and finally succeeded in violating the integrity of Public Rights in order to achieve a successful outcome for Developers. A witness to this event described the process as ‘woeful”. Thus the community is left to face a bleak future as the current West Byron Development proceeds with mega-tonnages of Fill which will succeed in dramatically elevating Floods on the actual site and the immediate environs such as the Sunrise Industrial Estate, businesses, communities, sewage works , Bird Sanctuary and Tourist Resort! The outstanding question remains..Did the Lawyers present to the Court a Hydrologists Report addressing development imperatives on this Floodplain? Or was wilful ignorance employed? Its the Sixth Extinction. Councillors please Democratically represent the community on these MOST URGENT issues. Farewell Dominic and your cashed up Cronies.


Please enter your comment!
Please enter your name here

Mass tree-planting planned for Bruns River in Mullum

More than five thousand native plants are to be planted along Brunswick River banks in Mullumbimby.

Who is our next GG?

Sam Mostyn has been announced by Prime Minister Anthony Albanese as Australia's next governor-general. So what sort of woman is she, and why has her appointment sent the right wing media into a tizz?

Byron swimmer airlifted to hospital

A man swimming in Byron Bay on the weekend was airlifted to the Gold Coast University Hospital, rescuers said. 

Woodburn: ute hits, kills pedestrian

A 30-year-old woman walking in Woodburn died on Sunday morning when a teenager driving a ute crashed into her, police said.