Byron might be complex, disparate, and sometimes misunderstood, but if there is one thing the community seems to agree on, it’s the height limit.
As one local commented on Instagram this week: ‘The one bit of consistent intelligent planning for this town has been the three-storey height limit.’ With over 15,000 views and over 80 shares – clearly, there’s passion around this issue.
At this week’s Council meeting, Byron Shire councillors will have an opportunity to take a stand on fast-tracked developments that could see buildings of up to six storeys or 21 metres in Byron Bay.
A Council staff report supports key proposals put forward by People of Byron, including a pause and review of major developments, protecting towns with distinctive character, and assessing the cumulative impacts of multiple proposals. The report is also asking for stronger affordable-housing requirements and earlier Council involvement with State Significant Developments (SSD).
What’s happening in Byron?
The NSW government established the Housing Delivery Authority (HDA) in January 2025 to work alongside the SSD pathway, streamlining approvals for major housing developments and enabling projects to bypass local Council planning controls.
Three major developments in Byron Bay have been recommended as SSD, putting them on a fast-track state development approval pathway. Once declared SSD, they are assessed by the NSW government, which overrides local planning controls on height, density, and bulk. This process also enables a change in zoning regulations for specific areas. While Council and the community can make submissions, the final decision rests with the state government.
Byron Shire’s planning controls have been created over decades and reflect the town’s environmental constraints and low-rise character. This shift to state-led planning puts that legacy at risk.
What are we asking for?
There’s an obvious contradiction here: you can’t promote Byron Bay to the world for its distinctive character, natural environment, and low-rise coastal lifestyle, while allowing state-led development to change those very qualities without looking at the cumulative impact.
One development might be assessed on its own merits. But what happens when several major developments add height, density, traffic, and pressure on infrastructure? At what point does their combined impact fundamentally change the town?
That’s what People of Byron have asked the NSW state government.
In August, we sent a proposal to Planning Minister, Paul Scully, and Byron Shire Council calling for a pause and review of SSD/HDA declarations along with a Cumulative Impact Assessment (CIA) and a planning category recognising the distinctive character of towns to protect them from the one-size-fits-all planning pathway.
A long campaign
Byron Shire isn’t alone. Across NSW, communities are losing local planning control and being asked to absorb new developments without upgraded infrastructure, in exchange for promises of affordable housing.
People of Byron has joined a NSW alliance of community groups advocating for housing that respects local strategic plans, town character, and the environment. Even if Council supports the recommendations, it cannot stop these developments or exempt Byron Shire from the state planning system. The power rests with the NSW government.
Almost 4,500 people have signed a petition, originally opposing height limits being breached, but this has broadened to push for a pause and review of SSDs. As Mandy Nolan recently said, ‘the only thing we want to see breaching in Byron are whales.’
We hope councillors support the community and endorse the recommendations at their 15 October meeting.
For more info sign up at www.peopleofbyron.com.
♦ Brooke Crowle is the convenor of People of Byron.
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