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Byron Shire
July 15, 2026

Wategos DA seeks deeper excavations

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This is the curly question facing Byron Council this month.

The owners of 19 Marine Drive are seeking to modify their already approved plans for a $12 million dual occupancy so that it can be ‘future proofed’ to cater for ageing residents.

Their development application (DA) for the five-level residence was originally approved last year.

The revised plans involve the expansion of the basement level garage to include a new wheelchair-accessible parking space, a lift, ramp, and new storages areas for bikes and surfboards.

There would also be a range of other, smaller modifications to the above-ground levels of the home.

‘The amended basement design is in direct response to the needs of the property owners who seek to create Disability Discrimination Act compliant access from their garage area to the upper floors of the building,’ consultants hired by the developer, said in their town planning report.

‘This will future proof the dwelling for aging residents…’

While the changes will not change the overall visual impact of the five-storey dual occupancy, it will involve significant additional excavation on the site.

‘It is unavoidable for deep earthworks to be required to accommodate the stairs, lift and passageway,’ the consultants said.

DCP stipulates minimal excavation

The Development Control Plan (DCP) for Wategos states that garage and basements should be designed to minimise the amount of site excavation required.

It also requires that basements and subterranean car parks are to have a maximum footprint of 50 square metres.

Byron Council has been reluctant to approve excavation works that exceed development controls in Wategos in recent years, having witnessed multiple owners dig deeper and deeper into the iconic hillside.   

The owners of 19 Marine Parade are ‘formally requesting’ a variation to the basement size limit rule to accommodate their future proofing plans, arguing that future proofing the home is a reasonable reason to do so.

They are further arguing that they should not be required to adhere to the control, because others have not done so.

‘It is evident from a review of existing development within the locality that this prescriptive development control has not been adhered to on multiple other projects,’ the consultants said.’

The developer states that the modification does not significantly change the gross floor area of the development. However, they note that basement storage, lifts and stairs are excluded from the gross floor area calculations.

The modification application can be viewed on Byron Council’s website be searching for DA 10.2024.63.2.



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