A long-running issue over road access from a farm stay development in Brunswick Heads has been quietly settled in favour of the developer in the NSW Land & Environment Court.
The settlement, reached late last year between developer Koresoft and Byron Shire Council, could provide a precedent for future tourism developments in the Shire.
It was back in 2021 when Koresoft successfully applied for permission to build a six-cabin farm stay on a greenfield site at 219 The Saddle Rd.
There was extensive debate at the time over how visitors to the venue should access it.
The developer sought permission to build a private access road connecting the farm stay to nearby Gulgan Road – an 80km/hr road that takes locals between Bruns and Mullumbimby, and is also a key road accessing the Pacific Highway.
The developer’s request was denied by Byron Council because of a clause in the Byron Local Environment Plan, which forbids tourism developments which rely on access to and from a ‘Classified Road’.
While the developer accepted this decision at the time, agreeing to build an alternative access via The Saddle Road, it later submitted a modification application seeking a return to its preferred plan.
Deemed refusal
It then took Council to the Land and Environment Court (LEC) over the issue, arguing that the length of time taken to determine the application amounted to ‘deemed refusal’.
Late last year, during compulsory conciliation meetings mandated by the court, Council agreed to settle the matter, granting Koresoft permission to build its preferred access to Gulgan Road.
Approved roadworks
In formally codifying this settlement, LEC Acting Commissioner Michael Young acknowledged that the relevant roadworks had already been approved under another development consent for an Agricultural Produce Industry Development Application on the same property.
Acting Commissioner Young also noted an expert report prepared by Greg Alderson Associates at the request of the developer in regards to the proposed access road.
It stated that the closest intersection to the development from the Saddle Road exit was the intersection with Mullumbimby Road, which was ‘unsafe owing to poor sight distances…’
‘There is consequently a significant risk of a collision between a vehicle turning into or from the Saddle Road and vehicles proceeding along Mullumbimby Road,’ the expert report stated.
Access supported
Acting Commissioner Young also noted that Transport for NSW had indicated that it concurred with the new access, stating that the additional traffic generated was ‘satisfactorily catered for’.
However, the outcome raises questions regarding whether the current 80km/hr speed limit on Gulgan Road can remain in place, given that multiple cars will now be entering and exiting the farm stay from this road on a daily basis.
The outcome could also have significance for future tourism developments in Byron Shire – acting as an incentive for other tourism developers wanting to privately access ‘Classified Roads’ as part of their plans.
For four decades The Echo has printed the stories some people loved, some people hated, and some pretended not to read. If you want us to keep telling the truth, the real truth, not the sugar-coated version. We’ll need your support to keep the presses rolling. 
