Byron Council staff have recommended to withdraw from the Special Entertainment Precinct (SEP) trial.
According to a Council staff report from the upcoming February 19 meeting agenda, plans submitted to the state government were deemed ‘inconsistent’ with the SEP.
So unless there’s appetite from a majority of councillors to amend their plans, the Special Entertainment Precinct – and its Working Group – will not go ahead.
Staff instead have recommended councillors request permission from the state government to ‘permit certain temporary events in the Byron Bay Rail Corridor as development permitted without consent’. If approved, public consultation would follow. A Town Centre Activation Plan would also be prepared, if supported by councillors.
Greens Mayor Sarah Ndiaye previously spruiked the controversial plans, despite widespread concerns that were raised around its potential impacts. She now supports its withdrawal.
The SEP was heavily criticised by the Byron community for lacking consultation by Council, and for not focussing on key issues around safety, lighting and improved infrastructure.
The SEP aimed to give Council the powers to ease planning controls around venue trading hours, sound levels and live music, while promoting a ‘vibrant nightlife’, similar to city precincts already in existence.
Staff comments
According to the staff comments in the agenda, ‘On 27 November 2025, Council considered a Planning Proposal to amend the Byron Local Environmental Plan (LEP) 2014 to establish a Special Entertainment Precinct (SEP) in Byron Bay’.
‘The proposal included activation of the rail corridor by permitting temporary events without development consent.
‘On 18 December 2025, the Department of Planning, Housing and Infrastructure (DPHI) determined (Attachment 1) that the Planning Proposal, Development Control Plan (DCP), and Special Entertainment Precinct Management Plan (PMP) were inconsistent with the Special Entertainment Precinct Guidelines.
Specifically, the PMP adopted sound thresholds that were more restrictive than those set out in the Guidelines. As a result, DPHI determined that the Planning Proposal was inadequate and returned it to Council pending resolution of this issue.
‘In response, an amended PMP (Attachment 2) and amendments to the Byron Shire DCP 2014 (Attachment 3) have been prepared to incorporate increased sound criteria and address the matters raised by DPHI.
‘The recommendation is that Council does not proceed with the Special Entertainment Precinct Planning Proposal. This is due to changes arising from the Vibrancy Reforms that create conflicts for Council that cannot be remedied, meaning that a Special Entertainment Precinct is no longer considered an appropriate mechanism for activating the Byron Bay Town Centre’, staff wrote.
Byron’s character
The four Greens councillors said in a media release they all support its withdrawal.
Councillor Delta Kay says she has been steadfast in her opposition to the SEP.
‘People come to Byron to feel the sand between their toes and just breathe,’ Cr Kay said.
‘This decision protects what makes Byron special – our connection to Country, our creative culture, and our relaxed coastal lifestyle’.
‘Byron doesn’t need to be a late-night alcohol precinct to be vibrant. Our community has shown us what real vibrancy means, and we’re listening.’
Mayor Sarah Ndiaye said the Greens have heard the struggles of Byron’s businesses since COVID and the floods.
‘We thought the SEP trial was worth investigating as a potential support mechanism,’ Mayor Ndiaye said. ‘It’s clear that our approach to a SEP is different from what the NSW Government was looking for, so we won’t be supporting progressing to the trial stage’.
‘What’s been learnt through the extensive consultation and engagement can help shape what we focus on going forward, and Byron’s community is clearly ready to demonstrate the kind of vibrancy they want. We never wanted an extension of hours past midnight and we wanted more, not less say over noise in town. We were told that was possible throughout the early SEP planning process, but that doesn’t seem to be the case.
‘As a community we want a vibrant Byron that supports the environment and community. That could look like more small scale festivals and activations, early evening activities, cultural and artistic events. We’ll keep working to boost vibrancy in Byron Bay, and hope the State will continue to engage and support us in ways that align with our values.’
Council’s planning proposal responded directly to community concerns about noise and trading hours after midnight. The proposal was knocked back by the Office of the 24 Hour Commissioner.
‘While I’ve consistently harboured deep concerns about the SEP, I was willing to reserve judgement until the planning proposal had progressed,’ Councillor Michelle Lowe said. ‘But the state government’s response shows they’re not willing to let us shape this in a way that protects our community. Now is the time to walk away from this trial.’
The Greens councillors emphasised that the extensive community engagement around the SEP has provided valuable direction for Byron’s future.
‘Our community has told us what Byron Bay needs: better lighting, safer design, improved wayfinding, investment in emergency services and reliable public transport,’ councillor Elia Hauge said. ‘That work shouldn’t go to waste. We’ll be pursuing those community priorities through other funding streams and planning mechanisms.’
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