An ongoing legal stoush over one of the most prized locations at Wategos Beach has been settled, paving the way for a $12 million dual occupancy to be built on the site.
Fifteen months ago, Byron Council granted Mambrooke Pty Ltd permission to build a five-level mega mansion and accompanying studio at 19 Marine Parade – an address that practically kisses the waves at high tide.
But the project hit a snag when, prior to construction, the developer sought to modify their application on the grounds that changes were needed to make the development more accessible for those of advanced years.
The revised plans involved the expansion of the basement level garage to include a new wheelchair-accessible parking space, a lift, ramp, and new storage areas for bikes and surfboards.
While the modifications did not involve changing the overall visual impact of the mansion, they did require significant additional excavation into the famous Wategos hillside.
This put them at odds with the Development Control Plan (DCP) for the location which states that garage and basements should be designed to minimise the amount of site excavation required.
The DCP 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.
While Council staff were mulling over the proposed changes, Mambrooke Pty Ltd took the Council to court, asserting that this prevarication amounted to a ‘deemed refusal’ of their application.
They argued that future-proofing their home was a reasonable reason not to adhere to the planning rules.
They further argued that they should not be required to adhere to the DCP 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 developer said.
Late last year during a court-ordered conciliation conference, the two parties reached an agreement which allowed Mambrooke to move ahead with their modified plans with a few small amendments.
The agreement was formalised by a judgment by LEC Commissioner Susan O’Neill, handed down on 23 December, 2025.
This paves the way for Mambrooke to commence construction of its dual occupancy in the coming weeks.
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