FAQs

A planning proposal is the first step in making an amendment to the Local Environmental Plan (LEP) – The protocols and guidelines that govern development in a particular Local Government Area. 

A planning proposal may include a request to alter land uses through rezoning and/or seek to amend the existing development standards relating to that area, such as building height, floor space ratio, heritage, additional permitted uses or other development controls.

Reference: https://www.planning.nsw.gov.au/plans-for-your-area/local-planning-and-zoning/making-and-amending-leps

The Business and Industrial Lands Strategy guides Council’s decision-making and key actions to manage the future growth of retail, commercial and industrial land in our Shire. Gulgan North (the subject of this Planning proposal) forms part of Council’s current, endorsed BILS and is referred to as ‘Area 5’ within this strategy. 

The full strategy can be downloaded here: https://www.byron.nsw.gov.au/Council/Plans-Strategies/Planning-Development-Strategies/Business-and-Industrial-Lands-Strategy

No – Separate development consent is required prior to any development or construction on site.

A Development Control Plan (DCP) is a written document that supports the Local Environmental Plan (LEP), further expanding its principal development standards. It is a locally adopted plan and guides council staff, developers and landowners in the requirements needed and provides guidelines for development. A DCP may contain a range of guidelines such as planning principles, objectives and controls for development. DCPs can also include specific controls for things like landscaping, drainage and car parking.

Source: https://dcp2014.shoalhaven.nsw.gov.au/content/what-development-control-plan-dcp

The land is privately owned, and the owners have appointed Creative Capital as the Development Manager and creative force driving the project. Creative Capital is committed to addressing Byron's significant social and environmental challenges by identifying scalable solutions, supporting innovative models, fostering impactful collaborations, and working hands-on to implement these strategies.

The team has significant local experience in social, environmental, and construction projects. Their work includes the development of Habitat, a mixed-use project north of Byron’s Arts and Industry Estate, and involvement in the Fletcher Street Cottage, a hub supporting Byron's most vulnerable. They also helped establish the Byron Shire Community Land Trust, which provides not-for-profit rental accommodation for women and children in housing distress.

Community consultation is important for any development. 

The BILS was comprehensively exhibited by Council back in 2018 and 2019. The community had opportunity to review and ask questions on multiple occasions prior to the strategy being endorsed by Council and the State Government back in 2020. The strategy remains available on Council’s website. 

https://www.byron.nsw.gov.au/Council/Plans-Strategies/Planning-Development-Strategies/Business-and-Industrial-Lands-Strategy 

The Area 5 Planning Proposal was available for exhibition prior to it being endorsed by Council back in October 2023.

Creative Capital has sought to communicate with immediate neighbours, ensuring they are up to date with the current planning process. 

If you’d like to contact the proponent directly, please do so via our contact page.

The project has addressed Aboriginal Cultural Heritage in two key ways: First, by complying with statutory obligations through an Aboriginal Cultural Heritage Assessment and the subsequent Aboriginal Cultural Heritage Assessment Report (ACHAR). Second, by exploring potential synergies for accommodation, employment, and strategic partnerships

Local Aboriginal representatives have been engaged from the beginning to ensure the cultural significance of the site is respected and to ensure ongoing participation in the potential future development. This involvement has included multiple site surveys conducted by community representatives, leading to several recommendations and requirements for the development of the land.  

Discussions regarding Aboriginal Cultural Heritage are ongoing, and the area’s significance will continue to be respected through further consultation and site surveys prior to any development.

Yes. The site was part of a dairy farm owned by the Purnell family from circa 1948 to 2013, with infrastructure such as a homestead, sheds, dairy bails, piggery buildings, and a windmill. None of these structures were on the BILS Area 5 portion. The Purnell Farm used The Saddle Road as its primary access, and surrounding land was owned by other dairy farmers, including the Borrowdale and Bashforth families.

Historical research, including archives and the Brunswick Valley Historical Society, indicates that the only non-indigenous cultural sensitivity is The Saddle Road route itself. The Byron Shire Community-based Heritage Study notes that early land transport routes, like The Saddle Road, were initially used by cedar-getters and later became part of the local transport network. BILS Area 5 does not impact The Saddle Road, and access to and from the employment land is limited to being from Gulgan Road.

Yes, a detailed Ecological Assessment report has been prepared in support of this Planning Application.

Whilst the ecological survey identified threatened species on the property itself, the employment land zoning precincts have been designed to minimise ecological impacts by buffering native vegetation patches and placing the zoning over existing paddock areas with exotic grasses and forbs. Further to this, a considerable area of land will be dedicated to environmental conservation and protection ongoing. 

The zoning precincts avoid red flags as defined in the Byron DCP 2014, and approval of the Planning Proposal will not cause unreasonable ecological impacts. Approval will also not exempt future development from further ecological assessment and mitigation.

Yes. As a demonstration of our commitment to protecting and enhancing the natural environment, the Planning Proposal includes the ‘upzoning’ of 4.65 hectares of land currently zoned RU2 Rural to C2 Environmental Conservation and C3 Environmental Management ensuring protection in perpetuity. 

The site landscape master plan draws inspiration from the region's geomorphological and ecological history. The steep basaltic slopes connect back to the volcanic landforms of Wollumbin (Mt. Warning), and the Gondwana rainforest ecosystems. The site, once a dairy industry hub, now features open pastures divided by eroded slopes and degraded forest patches.

The landscape planning aims to enhance these endangered ecosystems, connecting BILS precincts with open spaces, walking paths, and stairways. These 'Snakes and Ladders' paths provide both direct and casual access from upper to lower areas, offering a tailored experience. Users can enjoy informal education and dramatic contrasts, from open fields and timber boardwalks to forest tracks weaving through regenerating forests up to rocky bluffs.

Yes, a bushfire report has been prepared in support of this Planning Application.

The proposed rezoning is on bushfire-prone land, as identified by the Byron Shire Council bushfire map. A formal bushfire protection assessment has been conducted to ensure future land uses minimise the risk and impact of bushfire attacks. Key principles for strategic development include:

• Ensuring not all land is suitable for development regarding bushfire risk.

• Compliance with Planning for Bushfire Protection (PBP) for any new development.

• Providing infrastructure for emergency evacuation and firefighting.

• Facilitating appropriate ongoing land management practices.

Strategic planning must exclude inappropriate development in bushfire-prone areas. Although the fire history does not imply that a major fire is likely or inevitable, the potential risk remains.

The assessment found that bushfires could affect the site from remnant vegetation areas, however, the overall fire risk is comparatively low due to mitigation options. The site can accommodate Asset Protection Zones (APZs) with minimal environmental disturbance while maintaining viable land use options. Broad worst-case scenarios were used to demonstrate that APZs can be achieved within the site. Future development will require detailed layout plans and use-specific assessments.

The assessment concludes that the proposed rezoning can comply with PBP planning principles, ensuring future development is appropriately safeguarded against bushfire risks.

Flood hazard mapping has been undertaken using flood modelling data provided by Byron Shire Council. The following conclusions have been drawn from the flood modelling:

• The 100-year flood level is RL 4.06m AHD.

• The 2050 FPL for this site is RL 4.57m AHD.

• The 2100 FPL for this site is RL 4.63m AHD.

In December 2022, the Department of Planning and Environment published updated guidelines titled “Interim Response to Assessment Flood Affected Planning Proposals and State Land Rezonings.” The flood risk analysis work conducted in December 2021 has been updated in consideration of the 2022 guidelines, and filling of the site to RL 4.63m AHD as proposed will ensure land meets all appropriate flood-proofing requirements.

Preliminary modelling shows that post-development runoff peaks increase in flow rate compared to pre-development due to increased hardstand. Therefore, it is recommended that on-site stormwater detention (OSD) be applied to the development to ensure that post-development peak discharge does not exceed pre-development discharge flow rates. The OSD strategy will likely involve a combination of rainwater tanks and bioretention basins.

The Byron Shire DCP 2014 Chapter B3 specifies water quality targets. Various treatment train options are available for this site, including rain gardens integrated with the streetscape, bioretention basins integrated with the landscape design, proprietary treatment products, swales, and stormwater pit gross pollutant traps. The proponent’s environmental engineering expert believes that the Council’s water quality targets can be met by designing a treatment methodology integrated with the urban and landscape design.

Comprehensive research and analysis, in liaison with Council and TfNSW, have been conducted regarding traffic aspects. An intersection will be constructed at the site entry, designed to minimise impacts on vegetation and avoid existing services while ensuring efficiency and safety.

Traffic generation was estimated using surveys of traditional industrial estates and the Habitat development in Byron Bay, resulting in 7-day ADT estimates of 2,875 trips north and 544 south for BILS Area 5.

Three existing intersections near the site were analysed using SIDRA, showing acceptable traffic impacts generally. Existing capacity issues where Gulgan Road meets Mullumbimby Road and Tandy’s Lane are well documented. Whilst BILS Area 5 may add to the already unacceptable performance of this intersection, Council have commenced plans to design a roundabout to replace the existing T-junction. Combined with the removal of the right turn out of Tandy’s Lane, an acceptable Level of Service will be ensured at both intersections.

Absolutely. The Byron Shire Bike Plan highlights a high-priority cycle path on both sides of Gulgan Road at the site frontage, designed as an on-road path within the road shoulder without physical separation from cars. The roundabout design includes a pedestrian and bicycle refuge on all three legs to accommodate bicycle movements.

A footpath is proposed along one side of the main access road, connecting with Gulgan Road infrastructure. The development is not expected to impact foot traffic on Gulgan Road due to negligible pedestrian traffic and existing safety concerns with the 80 km/h speed limit and minimal shoulders. Surveys recorded no pedestrian traffic at the Brunswick Roundabout and minimal traffic at Tandy’s Lane and Mullumbimby Road, primarily associated with Uncle Tom’s shop.

No, the proposed employment land use will not impact the region's agricultural productivity.

The agricultural assessment determined that approximately 80% of the site is Class 5 land and 20% is Class 3. The highest suitable use is low-intensity grazing on native pastures. Higher agricultural capacity is limited by steep slopes, poorly structured soils, rock outcrops, and low-lying areas, making high-intensity agriculture economically unviable. Although identified as Significant Non-Contiguous Farmland under the Northern Rivers Farmland Protection Project, site-specific research indicates the land lacks the quality for good grazing or horticultural production.

Being a relatively isolated site, the risk of impacting the amenity of others is minor. However, a Land Use Conflict Risk Assessment (LUCRA) evaluated potential conflicts between the proposed development and surrounding rural activities, considering factors like noise, buffers, vehicular access, and environmental impacts. Key outcomes:

1. Noise Impacts: The restriction to business park and light industrial uses, along with existing distance attenuation and noise decay, results in minor conflicts. The risk is assessed as D4=5, deemed acceptable.

2. Buffers to Existing Dwellings: The closest dwelling is 174m away, with no direct line of sight due to topographical shielding. The risk of conflict is minor, rated D4=5, and acceptable.

3. Vehicular Access: Given the property's size (50ha) and positioning of employment land, surrounding land uses will not be significantly impacted by vehicle movements. The risk is D4=5, deemed acceptable.

4. Buffers to Agriculture: The only potential conflict with agriculture is to the west, where sugar cane and cattle grazing occur. Adequate horizontal and vertical separation provides effective buffering. The risk is D4=5, deemed acceptable.

5. Buffer to Cattle Dipsite: The closest distance to the cattle dipsite is about 34m. The dipsite is capped and disused, with no soil disturbance planned. A precautionary exclusion perimeter of 15m is recommended. The risk is D4=5, deemed acceptable.

6. Water Pollution: Environmental engineering advice indicates that future development will adhere to best practice standards for managing run-on or seepage, maintaining acceptable risk levels at D4=5.

A civil engineering assessment of the site and proposed Planning Proposal considered stormwater management, electricity supply, water supply, and sewer reticulation amongst other things. In summary: 

• Stormwater: It is recommended that on-site stormwater detention (OSD) be applied to the development to ensure post-development peak discharge does not exceed pre-development discharge flow rates. The OSD strategy will likely involve a combination of rainwater tanks and bioretention basins.

• Electricity Supply: There are multiple options for the site to connect to existing electrical infrastructure. Upgrades will likely be required to facilitate increased demand.

• Water Supply: Potable water supply is available from the operational reservoir on the northern side of The Saddle Road, however pumps may be required for adequate pressure due to elevation differences. 

• Sewer Reticulation: A new connection will be required to the existing sewer pumpstation in Brunswick Heads using existing services corridors and crossing the Pacific Motorway by underbore. The alignment proposes to follow an existing Crown road and then crosses the Old Pacific Highway South of Bayside Way.

The assessments confirm that connectivity to services is able to be accommodated, taking advantage of existing infrastructure and ensuring minimal overall impact.

Refer to our timeline on the PROPOSAL page to answer this question.