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Byron Shire
September 28, 2023

Ewingsdale proposal uses West Byron precedent  

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Concept DA plans for 20 units, located at 310 Ewingsdale Road.

As the developers of the West Byron housing estates fuel up their concrete trucks, a smaller residential developer has quietly concocted plans for prime real estate on Ewingsdale Road.

A Binna Burra-based group calling themselves the ‘310 Property Trust’ has purchased a 4,388-square-metre site in the middle of the two West Byron projects.

On July 11, they submitted a Development Application (DA) to Byron Council for a 20-unit housing development, complete with a basement carpark for 45 cars, which is estimated to cost just under $15 million.

The DA, for 310 Ewingsdale Road, is currently on public exhibition and can be viewed and commented on via Council’s website.

While the proposed development is far less impactful than its monstrous neighbours, it is not without controversy.

Three of the five buildings proposed, as part of the plan, exceed the height limit for that part of Byron, following the long-running trend of Byron developers seeking to push the envelope when it comes to rules covering building size and scale.

The planners contracted by the developer, Sydney-based company Planning Ingenuity, have sought to justify the proposed exceedance by asserting that it only applies to ‘some minor parts of the roof’.

Height limit exceedance

‘The development will have no detrimental physical impacts to neighbouring land,’ Planning Ingenuity states in the application for permission to exceed the rules.

‘[It] will not result in overshadowing, overlooking or changes to the context and setting which would compromise amenity or future development potential.’ 

‘As such, there is no public benefit in maintaining strict numeric compliance with the development standard…’

Interestingly, the planners also argued that the development’s ‘bulk and scale will reflect the anticipated and emerging residential character of the West Byron Urban Release Area,’ indicating that they are relying on the two highly-controversial West Byron developments as a precedent for their plans.

This raises the question of whether other developers will also seek to use West Byron as a justification for exceeding development standards. 

The proposed development will also require the removal of 19 trees that are considered to have high retention value, owing to their contribution to the broader biodiversity character of the locality.

Planning Ingenuity has sought to justify this on the grounds that the biodiversity of the site has already been ‘disrupted’ by clearing undertaken in preparation for one of the West Byron developments.

Proposal justified as biodiversity ‘already disrupted’

‘Nine trees are proposed to be retained and incorporated into the new landscaping of the site,’ Planning Ingenuity adds.

‘The trees to be retained are all native species.’

The application will remain on public exhibition until August 9. To comment, go to Council’s DA tracker website, search for the application using the address or DA number 10.2023.244.1.

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  1. If ever the legal principle THE PRECAUTIONARY PRINCIPLE had teeth ..the “precedent principle”, supporting this Development, should be demanded by the Community. This proposed Development has not been challenged by Byron Council. Byron Council appears to always ratify Development on Floodplains. The PRECAUTIONARY PRINCIPLE is deserving of application IN REGARD TO THIS DEVELOPMENT (and other Developments). Affected communities have the Democratic Right to oppose this type of Development. Precedent Development is no guarantee of DUTY OF CARE, or even passes the MORAL LEGAL TEST!
    Let us never forget that West Byron Development continues on a FLOODPLAIN. The “legal conditions” pushed by Byron Council and subsequently approved in the Land and Development Court, have been described as anti-democratic, and ‘woeful’. Democratic legal process addressing PUBLIC RIGHTS TO COMMENT ON ISSUES such as flood control, traffic, drainage and so on were dismissed!!! Considering that over a million tonnes of “Fill” have been applied on the West Byron site, thus elevating the flow of Flood-waters into Ewingsdale Rd, and subsequently the Industrial Estate, it stands to reason that the maxim ‘Development at all costs’ is the pathway to Hell for ALL future communities and people purchasing property on Floodplains. Purchasing property on Floodplains excludes Insurance Coverage. Such a purchase should also have a clear vision of future homelessness. Long before the current Earth Works at West Byron Development this Wetland was a vibrant eco-system that flooded. So now we are informed that there will be underground parking (danger) pushing the height debate (folly) total destruction of the remaining bio-sphere on a floodplain adds to further flooding. Time to address ecological integrity with First Nation Hydrologists ..Byron is rapidly becoming a post-modern Atlantis. Patriarchal thinking/planning/ and execution of such Developments, is now in the Lunacy wing of Byron Council! Awaken All. Developers and Cronies get the $$$$$ ..Everyday folk inherit the eternal trauma.


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