Mullumbimby Road, the main access road from the highway to the town, could be upgraded at the dangerous and busy McAuleys Lane turnoff, if a large Community Title (CT) subdivision proposal, located close by, is approved by Byron Shire Council.
The Road Safety Audit underpinning the proposal found 23 serious safety deficiencies for McAuleys Lane, the site of the proposed development.
Authors, Ardill Payne & Partners also included out-of-date information in their report, citing traffic data from 2016–2017 and crash data from 2014–2018.
Development application (DA) 10.2023.454.1 is now on public exhibition for 53 McAuleys Lane, Myocum, and comprises 38 large lots, ranging from 3,000m2 to 9,513m2 – over 34.8ha. The DA comes in 19 parts, and is available on Council’s website.
Out-of-date traffic data
No ‘affordable housing’ component is included.
The DA lodgement – in peak holiday time – follows approval by Council in 2022 for a land rezoning proposal for the developers, from RU2 Rural Landscape to R5 Large Lot Residential.
The traffic data presented in that proposal was also out of date.
At the time, public submissions raised concerns around the busy and dangerous intersection.
Those concerns still remain, according to long-time local, Sharon McGrath.
Her and her husband’s property neighbours the proposed development.
She told The Echo, that while they are not against the subdivision in principle, the Road Safety Audit [RSA] and Traffic Impact Assessment [TIA] are out-of-date, inaccurate, contradictory and assumptive, and she highlighted significant safety issues and planning deficiencies.
Secondary dwellings not considered in traffic report
She said, ‘The traffic modelling is based on one dwelling per lot, while the developer has boasted that secondary dwellings are permitted in the zone’, she said.
‘In this case, conservative estimates would increase the daily vehicle movements on this already busy and dangerous road by 200 per cent.’
McGrath says that despite a commitment by the developer, there has been no community consultation around the DA, but she was rung by the developer’s representative just prior to Christmas to be advised the DA had been lodged.
As for out-of-date traffic data, McGrath said, ‘The traffic data that the TIA is based on was recorded in August 2016 – over seven years ago!’.
‘By Council’s own measure, data collected more than five years ago is no longer current.
‘Additionally, in a letter from Transport for NSW, addressed to Council in October 2022, it stated that: “TfNSW recommends that Council obtain an updated TIA, adopting more recent data to accurately address impacts on access, road safety and traffic to accurately inform the intersection treatment required…”.’
McGrath stated that this has not been addressed.
The Echo asked Council staff, back on October 12, 2022, if they accepted out-of-date traffic data. No reply was received.
McGrath says, ‘Critically, within the proposed intersection plan for Mullumbimby Road and McAuleys Lane, there is no provision for an eastbound bus zone or safe pedestrian access, despite multiple recommendations recorded in Council minutes and specified in the developers’ Planning Agreement, their TIA and their Statement of Environmental Effects’.
‘Without a safe crossing, the kids growing up at this new estate will risk darting across a busy road to access bus services to and from school.’
Neighbour’s access restricted
She added that the developer’s plans specify that the residents of 110 Mullumbimby Road, opposite the intersection, will be prevented from making right-hand turns in or out of their property.
‘This will mandate that vehicles, both cars and trucks, entering the property from Mullumbimby Road must execute a u-turn in either direction on an already progressively congested thoroughfare between the highway and Mullum.’
According to McGrath, the developers have not sought any consultation with those affected residents.
‘The Voluntary Planning Agreement (VPA), included in the DA, is not prescriptive enough’, she says.
Legally non-binding
The VPA was a result of Cr Peter Westheimer’s successful amendment at the October 27, 2022 Council meeting (resolution 22-587).
The VPA contains the legally non-binding word ‘consider’ with regards to providing a roundabout at the dangerous intersection; safety and infrastructure of McAuleys Lane west of the development entrance; adequate road verge space to allow safe bike and pedestrian crossings from the north side of Mullumbimby Road to the southern side; safe bus stops on each side of Mullumbimby Road, including for pedestrian crossing; safe pedestrian crossing from the north side of Mullumbimby Road to the southern side in the vicinity of the bus stop zone’.
‘It’s also unclear if developer contributions from this proposal will be used on improving amenity for McAuleys Lane, or whether that money will be used elsewhere in the Shire,’ she said.
According to the signed VPA contained in the DA, the developer will do the following works: ‘upgrade the road intersection generally in accordance with the traffic assessment report’ (Oct 6, 2022); ‘safety improvements as required by the road safety audit; a pedestrian and cycle link from the land to Mullumbimby Road’.
McGrath said the DA does not include the developer’s commitment in providing a pedestrian and cycle path between the entrance of the new development and the intersection.
She says, ‘In fact, in Ardill Payne & Partners’ own minutes from a Development Application Panel meeting in June 2023, it says, “Developers decided to pay VPA and avoid path for now. Adds too much complexity to and time to the process. Plus, we’ll save on not having to survey McAuleys Lane road reserve”.
She said, ‘This is an absolute slap in the face to local residents and to Council’s efforts and concerns regarding safe access and the appropriate use of development contribution funds.’
Developers who signed the DA’s Voluntary Planning Agreement (VPA) are Tim Mundy of Boreas Group, as well as local developer and wealthy philanthropist, John Callanan, of Tareeda Developments.
Matthew Bleakley is part of McAuleys No1 Pty Ltd, a company that includes both Callanan and Mundy.
In October, 2022, Phil Holloway, Director Infrastructure Services told The Echo, ‘Transport for NSW has also advised that a speed zone change to 60km/h is unlikely to be supported [on Mullumbimby Road].’
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