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Byron Shire
July 11, 2026

More Byron CBD height exceedance approved

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Two multi-storey mixed-use developments with a combined value of $36.2 million have been approved for the centre of Byron Bay, despite both exceeding height limits for that part of the Shire.

The developments, located at 9 Marvell Street and 119-121 Jonson Street respectively, involve a mix of retail, commercial and residential uses, along with the now obligatory private rooftop swimming pool.

Both also feature large underground parking areas.

Greens councillor Duncan Dey was a lone voice of dissent in relation to the developments when they came before last week’s Council planning meeting.

‘These things are designed to fill the allotment right up to its boundaries,’ Cr Dey said in relation to the Marvell Street development. 

‘Essentially, the whole thing is overkill. The developer spends tens or hundreds of thousands figuring out how to fill every drop of space that is deemed to be available. 

‘At my place, the roof is to keep the rain out. But in these places, the roof becomes a party area. I don’t get it. It’s basically an extra storey.’

But Cr Dey’s arguments appeared to fall on deaf ears, at least as far as his fellow councillors were concerned.

Two-person design excellence panel 

Mayor Michael Lyon said that both developments had been before Council’s two-person design excellence panel, and that significant changes had been made to ensure they not only fitted in with, but enhanced, the character of the town.

Given no information is available around the design excellence panel, Cr Dey asked who was on it. 

Staff replied it was head of planning and compliance, Shannon Burt, and architect and urban designer, Rod Simpson. 

Embrace the height

‘I think the future for Byron is always going to be bright in terms of the town centre… and people are going to want to develop there,’ Cr Lyon said in relation to the Marvell Street development.

‘We’re gonna see more of this, and we have to embrace it. We’ve got an 11.5-metre height limit… and that compares favourably in height to everywhere up and down the coast. You won’t find somewhere that’s only 11.5m… We’ve done a fantastic job of maintaining the character of our town.’

Earlier in the meeting, one of the planners involved in the Marvell Street development said they had amended the height of the building in response to concern about exceedances.

‘At the Council site inspection last week, concerns were raised in relation to the number and nature of exceedances in relation to the 11.5m height limit,’ Kate Singleton of Planners North said in relation to the development.

‘While we submit that the variation sought to the height limit is appropriate… we have undertaken a further detailed review of the design which has identified the potential for a reduction in the height of the building’.

Ms Singleton said that the revised plans included 13 per cent of the site containing elements that exceeded the height limit, and that those elements were not visible from the street.

Sensitive design

The developer behind the Jonson Street project, Jason Dunn, said the location was ‘an important site that we’ve tried to honour with our sensitive design’.

‘We designed a very large open courtyard and we’ve focused on designing the building around the large melaleuca tree.

‘Forty-two per cent of the total ground floor area is open space.

‘I believe that the Byron town centre desperately needs some high-quality, vibrant developments to improve the streetscape of our town… and I believe this development achieves that aim.’

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