Byron Councillors accused of lack of support around large flood-prone development

Mullumbimby resident Kate Walsh addressed councillors at last week’s meeting around Byron Council’s lack of engagement and support when it came to her neighbourhood facing large-scale inappropriate development on flood-prone land.

The Echo has previously reported on developer Callum Sked’s proposal to develop 37 dwellings on vacant land, which is a considerable increase in bulk and scale from surrounding homes.

He recently won against Council over a deemed refusal of the first DA for the consolidation of lots. The second DA for the dwellings is expected to be in court in September.

Ms Walsh told Council, ‘After a year of uncertainty, I want to thank you for finally making Council’s position on this development clear, and providing the community with much needed clarity.’

‘However, it is disappointing that this public statement was issued when the second DA was refused.

‘This is the first official communication from Council on the matter.

‘There have been no motions in Council, no reports, no formal engagement, despite overwhelming concern from the community since the developer’s first consultation last year’.

She said, ‘The development is widely opposed in the community, with more than 100 submissions for both the DAs, [it included] public meetings, and numerous newspaper articles’.

‘Yet both DAs proceeded with little scrutiny, and were granted deemed refusals, never appearing on a Council agenda.

‘We want to know why.

‘The issues remain serious – there’s the potential for 37 dwellings in a low-density flood-prone area, outdated and inadequate flood modelling that ignores the 2022 flood event, where we saw the site inundated by half a metre or more of fast moving water… less than 20m from where these houses will be built.

‘Residents fear increased flood risk to neighbours, loss of insurance, strain on failing infrastructure and traffic hazards.

‘Although pitched as a build to rent, the developer has admitted the homes may be sold after one year. This is not affordable housing, it is speculative development not a community-driven solution.

Not opposed to housing

‘To be clear, our community is not opposed to housing. We would support a smaller development, 12 homes, elevated with proper flood mitigation and green space. What is proposed fails on every single front.

‘Finally, regarding the ongoing process: only today, after a concerned resident specifically requested it, was a Council staff member nominated to give her updates ahead of the September [court] meeting.  

‘The onus should not be on the community to request information on major developments that could threaten their home. That’s your job.

‘This reactive ad hoc approach is inappropriate.

‘We request that if the second DA is withdrawn, or amended, then the entire community be promptly notified, and any new amendment should trigger a new public exhibition period with the opportunity for fresh objections’, Ms Walsh added.

After she had finished, Greens Mayor Sarah Ndiaye said, ‘Duly noted’. There were no questions from councillors. Later in the meeting, Council’s legal counsel, Matt Meir, told the chamber that Council had refused the second housing DA, which is now before the courts.

Greens Mayor Sarah Ndiaye told The Echo, ‘I want to acknowledge the residents’ frustration and the feeling that their concerns have not been adequately represented. However, once a matter is before the Land and Environment Court, Council’s role is limited’.

‘Council did request that both DAs be considered together to give a more holistic view of the development’s impact. Unfortunately, that request was rejected’.

‘While the system may not reflect the values or expectations of our community, I remain committed to transparency and to advocating for better planning outcomes’, Cr Ndiaye said.

Walsh told The Echo, ‘If we had known earlier that the Council was going to take such a strong position against it, much angst in the community could have been avoided, along with significant costs spent by residents on town planners and advertising’.