A controversial development on flood-prone land near the Mullumbimby Showground is a step closer, after Byron Council and the developer reached a court settlement in relation to one of two development applications (DAs) for the site.
Residents living near 30 Chinbible Avenue have fought for over a year against plans to subdivide the 12,340m2 lot into seven residential lots, which could then host up to 37 houses in total.
They say the proposal is excessive in its bulk and scale, has inadequate drainage, lacks open space, and does not provide sufficient flood evacuation options.
They also point out that the entire site was under water during the 2022 floods, and that building dozens of houses on top of tonnes of fill will increase the flood threat for surrounding residents and potentially send their insurance premiums soaring.
More than 100 subs
More than 100 formal submissions have been lodged against the proposal, and dozens of residents have attended community meetings and letterboxed the surrounding streets in West Mullumbimby.
But last week, they learned that lawyers representing Council had reached an agreement with the developer in the Land and Environment Court (L&EC) earlier this year over the first DA in relation to the site.
The residents were only alerted to the settlement when they found a formal judgment in relation to the matter on the NSW Caselaw website.
‘This development threatens to increase flooding in the area, putting the safety of homes – and potentially lives – at risk,’ long-term resident Aaron Diehm told The Echo.
‘It will permanently change the face of West Mullumbimby. The question the community is asking is, Why hasn’t Council gone into bat for us? Silence from our elected representatives is simply not good enough.’
This DA – for the subdivision of the land – went to the L&EC after the developer appealed Council’s ‘deemed refusal’ of the matter.
This meant that the DA was not debated and determined by Byron’s elected councillors.
Instead, it became the subject of a compulsory conciliation process conducted behind closed doors and overseen by the court.
It was during this process that lawyers acting for the developer and those representing Byron Council reached an agreement in relation to the subdivision.
The second, and arguably more crucial DA in relation to 30 Chinbible Avenue, has also proceeded to court via the same process.
A conciliation conference has been held in relation to this DA, and with no agreement reached, the matter will proceed to a full hearing on May.
‘The entire process has not been transparent, with decisions being made without the community’s voice being heard,’ Mr Diehm said.
‘People feel shut out and ignored, despite the overwhelming opposition to this development.
Mayor responds
Byron Mayor Sarah Ndiaye said she shared the community’s concerns about the proposed development.
‘This is a highly sensitive site, and I have personally opposed this scale of development in a flood-prone area,’ Cr Ndiaye said. ‘It is deeply troubling to see inappropriate approvals progress, especially after witnessing the sheer volume and speed of floodwaters through that land.’
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