Council’s Residential Land Strategy 2041 has been conditionally approved by the Department of Planning Housing and Infrastructure (DPHI), says Shannon Burt, Council’s Director Sustainable Environment and Economy.
The controversial planning instrument was heavily criticised by residential groups during public exhibition, owing to a myriad of issues, primarily proposing flood-prone lands, a lack of transparency and the poor process which surrounded it.
Additionally, infrastructure capacity reviews for Mullumbimby completed by Council staff in July 2023 have not been released to the public. Past Council staff reports indicate infrastructure is in a poor condition.
High Environmental Value (HEV) land was also included.
No consultation occurred
Ms Burt says two areas that were submitted by Council were rejected by the DPHI.
She said 1982 Coolamon Scenic Drive, just north of Mullumbimby, was rejected ‘as agency and community consultation has not occurred’.
Described as Area 6, it contains approximately 5.4ha of developable land, and required a ‘flood and stormwater management study’.
The land was deemed ‘outside the North Coast Regional Plan (NCRP) urban growth area’.
The other proposed investigation of a parcel on Ewingsdale Road, Byron Bay, was also rejected, ‘as this area is reliant on the completion of Council’s Coastal Hazard Study to enable an informed decision about the impact of the 100-year coastal hazard line on this site’.
Ms Burt said ‘The removal of the [two] sites does not fundamentally impact or affect the overall outcomes of the strategy, or its housing numbers or delivery’.
In the lead up to adoption on December 14, 2023, Ms Burt increased the height limit to 11.5m on all proposed lands.
After residents raised concerns, councillors voted against the blanket height increase.
Flood-prone land
And during public exhibition, Cr Lyon and Ms Burt pushed to include a large area of flood-prone land to the east of Mullumbimby, which again came without public consultation.
Petition from flood-affected residents
Just before the strategy’s adoption, councillors removed those lands, after flood-affected residents in the area organised a petition and highlighted the increased dangers to their property and lives.
A large flood-prone area in Mullumbimby was conditionally approved in the strategy: 1660–1634 Coolamon Scenic Drive, opposite the town’s high school and near flood-prone Council land, Lot 22.
Lot 22 was slated for development by Council for housing, but was eventually abandoned owing to flooding concerns.
Another large parcel of land (23.35ha) included in the strategy is located along both sides of Left Bank Road, Mullumbimby, near the Tallowood Estate.
Mayor refuses to release public subs
After the public exhibition period, The Echo asked Cr Lyon to release the public submissions after concerns were raised by resident groups around a lack of transparency.
He refused, and instead backed Council staff’s claims that it was too expensive.
Surrounding shires, on the other hand, publish public submissions around such matters.
As part of his re-election campaign, Cr Lyon says the residential strategy is ‘fit-for-the-future’.
At the March 15, 2024 meeting, the mayor’s motion to adopt the strategy was supported by all councillors, except Cr Sama Balson.


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