Byron Shire Council is being urged to seek an exemption from the state government’s housing fast-track system and a pause or review of major developments that conflict with local planning rules.
A staff report going before councillors on October 15 recommends writing to Planning Minister Paul Scully, arguing that Byron has an endorsed housing strategy, established planning controls and a demonstrated record of delivering housing.
The proposed response follows growing concern about developments entering the Housing Delivery Authority (HDA) and State Significant Development (SSD) pathways, where the minister or a delegate determines applications rather than Council.
But staff warn that the implications extend beyond who makes the final decision.
‘The State pathway can potentially change the planning parameters against which the development is assessed,’ the report states.
Projects can enter the pathway alongside proposed rezonings, allowing changes to controls governing height, density and land use.
The report identifies declared projects including 140 dwellings at 148–158 Jonson Street, 70 at 11 Butler Street and 60 at 90–96 Jonson Street, Byron Bay.
The Jonson Street proposals have already prompted concern about departures from Byron’s longstanding 11.5-metre height limit. Community group People of Byron has sought a pause and review of declarations and recognition of the town’s distinctive character.
Staff now recommend Council seek a ‘distinctive character settlement’ planning category recognising the environmental sensitivity and coastal character of the Shire’s towns.
They also propose requiring assessments of the combined impacts of major projects on traffic, parking, water and sewer services, flooding, public space and town character.
Affordable housing is another concern.
While the state’s criteria now require affordable housing offerings that align with or exceed applicable policies, staff recommend pushing for permanent affordable housing where practicable, targeted to local households and workers.
Council would also seek earlier involvement in the process and reimbursement for its technical assessment and infrastructure advice.
The report stresses that state assessment still requires consideration of environmental, social and economic impacts. Entering the pathway does not automatically secure development approval.
Nor can Council simply opt out.
Staff say there appears to be no statutory mechanism allowing Byron to unilaterally withdraw from the system.
The report includes a December 2024 letter in which Mayor Sarah Ndiaye sought Byron’s exclusion from the initial HDA process, citing Council’s existing housing initiatives and community involvement.
‘To bypass us via a confidential EOI process and planning pathway without known site selection criteria, now would disregard and undermine all the work and effort to date to deliver on our Residential Strategy 2041,’ she wrote.
The current report says that request received no response.
Councillors will decide whether to pursue the proposed measures. Staff recommend Council continue making detailed submissions on state-assessed developments and seeking strong approval conditions regardless of the outcome.
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