In what appears to have become a common tactic for developers across Byron Shire, the developers behind a contentious, large Community Title (CT) at 53 McAuleys Lane, Myocum, are seeking to add an extra lot and water down the consent conditions for development application (DA) 10.2023.454.2.
The community title development consent was for 37 lots on the approximately 34.8ha site subject to a number of conditions that the developer is now seeking to change and remove. These include removing the restriction on keeping dogs and the ‘removal of the requirements to construct a cycle path and turnaround in McAuleys Lane’.
In the original consent, proposed lot 37 was consolidated with lots 36 and 38 ‘to create two (2) separate lots’ as ‘proposed lots 36 and 38 are significantly restricted by effluent disposal area requirements, particularly as the proposed lots are located close to an off-site groundwater bore’.
Septic concerns
Neighbour Sharon McGrath told The Echo that the proposed introduction of an extra lot 38 is not a small modification to the DA. ‘The proposed introduction of a newly configured lot 38, positioned between lots 10 and 11, cannot reasonably be characterised as a “minor” administrative adjustment or as having “relatively low-level environmental impacts”,’ she said.
‘Instead, the increase in lot yield, reduction in lot sizes, and resulting increase in development density represent a material change to the development outcome originally assessed and approved.’
According to HMC’s On-site Sewage Management Capability Assessment (DA Appendix H) it identifies that lot 10 – one of the lots being compressed to create the new lot 38 – does not demonstrate compliant wastewater disposal capacity. Nonetheless, the developer is seeking to delete Condition 9 that requires demonstration that all lots can accommodate compliant on-site sewage management systems.
No intersection upgrade
Developers John Callanan and Tim Mundy are behind the project, and they are also asking to delete Condition 8 of the consent that required the upgrade of the McAuleys Lane and Mullumbimby Road intersection prior to the commencement of subdivision works and acquisition of land required to ensure the intersection upgrade could be delivered prior to subdivision construction works.
The developers are saying that the recent Blackspot-funded works completed by Byron Shire Council (BSC) make the intersection safe, and therefore the work they committed to is no longer required prior to the commencement of construction.
However, the staff report to BSC on 12 June 2025 stated that the Blackspot funding for the upgrade of that section of road ‘is not sufficient to achieve a full safety upgrade to the McAuleys Lane / Mullumbimby Road intersection,’ contradicting the developer’s assertion.
‘Removing the requirement to upgrade this intersection to AUSTROAD standards prior to subdivision works would therefore create an unsafe and avoidable situation,’ said Ms McGrath.
‘These changes materially alter the development that was originally approved and raise significant concerns regarding traffic safety, environmental protection and infrastructure adequacy. For these reasons, the modification should be refused or required to be lodged as a new development application.’
Throughout the DA process, residents raised serious concerns around a lack of transparency and poor process by both the developer and Council. These concerns were never addressed by Council staff, and the mayor downplayed the concerns. Councillor Jack Dods was involved with the DA, and his mother is a former partner to Callanan.
DA submissions close 24 April www.byron.nsw.gov.au.
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