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Byron Shire
September 27, 2026

Applicant defends large Wategos DA in littoral rainforest 

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2 Brownell Drive, Wategos. Image from DA

Public submissions have been extended until September 10 around a large development slated for Wategos.

As reported last week, applicant Rae’s Residents Pty Ltd are seeking Council approval (DA 10.2024.230.1) to build two homes which would require the removal of littoral rainforest, and a Threatened Ecological Community (TEC).  

The $28.7m proposal is located at 2 Brownell Drive on 4,223.52m2 of native vegetated area.

On behalf of the proponent, Melbourne-based architect Pete Kennon told The Echo, ‘The two sites cover over an acre of land. Only two family homes (with no commercial activity) across the entire parcel is a low intensity outcome’.

‘135 trees exist on the site, predominantly a monoculture of tuckeroo. The scheme proposes removal of 55 trees, retention of 74 trees, transplanting onsite of six palms and the addition of 9,908 Indigenous native trees and plants. 

‘The proposal actively restores the far north littoral rainforest endangered ecological community with two littoral rainforest rehabilitation zones of 275sqm and 518sqm either side of the main dwelling, providing protection in perpetuity via a restriction on title. 

Improvements to ecology, says consultant

‘These outcomes will greatly improve the ecological integrity of the site.

‘The building site coverage represents 26.8 per cent of the total site area, with the deep soil planting area at 57 per cent  (the requirement is 25 per cent). This is linked to the deliberate plan to reduce the perception of bulk above ground to maximise neighbourhood beauty and amenity and preserve nature and green spaces. 

‘The option exists to move some of the area located below ground to above ground and still remain compliant with FSR controls. 

‘The floor space ratio currently is compliant at 0.4.

‘There is no height breach on the main family home and only a minor height exemption sought on the smaller family home for a carport to comply with engineering recommendations for vehicular access. 

‘This poses no visual impact to any neighbour. It is required purely to create safe vehicular access from the street which is a reasonable expectation for a home. 

‘The project team have consulted the Arakwal People of Byron Bay, who have reviewed the plans and given their approval to construct the two homes on this land’, Kennon added.

Residents present their review

The Echo was provided with  an ecology and hydrology review by ecologists and hydrologists, on behalf of concerned residents.

Within the 13 points raised, the ecologist claims the consultant’s reports downplayed the environmental significance, and opted to omit best practice biodiversity information.  

Of particular note was the Streamlined Biodiversity Development Assessment Report (SBDAR), which the authors claim needs further surveys and historical context.

‘This community is listed as critically endangered on the Environment Protection and Biodiversity Conservation Act 1999 (EPBC), one step away from extinct. 

‘It is also listed on the Biodiversity Conservation Act 2016 as endangered’, the authors wrote. They added, ‘Minimising biodiversity impacts have not been considered in full. 0.34ha (85 per cent) of the TEC will be lost and only 0.06ha retained. Under the required Biodiversity Offsets Scheme (BOS) and Biodiversity Assessment Method (BAM) a proponent, and their consultants, must show they are minimising biodiversity impacts – this is not the case on this lot considering 85 per cent of the native vegetation on the lot will be cleared’.

The DA is on exhibition until September 10 at Council’s website.



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