FAQs

We’ve collated a list of questions and answers about each stage of the planning process, these can be found here. If you have any others, you’re welcome to reach out.

General

  • The land is privately owned. Creative Capital has been appointed as Development Manager and is leading the project. The team has delivered Habitat in Byron Bay, the Fletcher Street Cottage community hub, and the Byron Shire Community Land Trust. The focus is long-term: balancing jobs, environment, and community outcomes.

  • BILS Area 5 is the next employment precinct for Byron Shire, identified in Council's Business and Industrial Land Strategy (BILS). Council rezoned about 6.5 hectares at 66 The Saddle Road, Brunswick Heads to employment land on 30 May 2025. The rest of the site remains rural or environmental land.

  • Community have had the opportunity to provide feedback on Council’s Residential Strategy (2018–20 and again 2023-24) and the site Planning Proposal (2023) — Both of which were exhibited prior to approval.

    Right now, community have opportunity to comment on the Draft BILS DCP. The Draft BILS DCP — Chapter E11 is on public exhibition from 24 October to 23 November 2025. Anyone can make a submission via Council’s “Your Say Byron” website. 

    Future development applications (DAs) will also be publicly notified. The community will have the opportunity to provide submissions via Council’s “DA Tracker”.

Planning Proposal

Approved May 2025

  • It's the first statutory step: a request to amend the Local Environmental Plan (LEP). For BILS Area 5, it rezoned 6.5 hectares of land to E3 Productivity Support and E4 General Industrial, with a mapped Work-Live clause. It also increased the extent of land zoned C2/C3 for protection and updated Minimum Lot Size (MLS) mapping.

  • No. Rezoning only sets the framework - zoning, floor space ratio (0.9:1), building height (11.5 m), and MLS. No buildings are approved. Each future development still requires a separate DA.

  • Work-Live is only allowed in the E3 zone. It requires a genuine workspace equal to or larger than the living area, occupied by the proprietor or their employees.

  • Area 5 was earmarked in the Byron Industrial Land Strategy to address shortages of business and industrial land. The rezoning is the first step to unlocking the pathway for an employment precinct.

  • Rezoning baked in key protections: additional conservation zoning, bushfire and flood controls, Aboriginal Cultural Heritage Assessment, ecological buffers, and separation from sensitive land. These set parameters for later stages.

Subdivision DA

Lodged, under assessment

  • No. It essentially approves lot boundaries, access and servicing. Construction of any buildings or structures will be subject to assessment under a separate DA.

  • The primary objective is to separate BILS Area 5 (Proposed Lot 1) from the remaining land, which subsequently creates four residual parcels, hence the five lot subdivision. This enables the separation of employment and rural land so each may be assessed and managed under the right framework.

  • Yes - one dwelling entitlement per rural lot (Proposed Lots 2-5), with construction subject to a future DA. Proposed Lot 1 (employment land) does not gain a rural dwelling entitlement and Proposed Lot 5 has an existing dwelling, meaning that there are three new dwelling entitlements proposed with this DA

  • No. General housing is prohibited. Only Work-Live in the E3 zone may be considered under strict conditions and subject to future DA(s).

  • They're indicative 625m2 areas used to test bushfire, flood, and servicing at subdivision stage. They don't approve dwellings; each requires its own DA.

  • No. The subdivision doesn’t create any new roads. The future collector road through Lot 1 will be established by the BILS DCP and delivered through later development applications. This subdivision simply defines lot boundaries and access points, which will connect to that future road network.

  • Access remains. Its possible transition to a people-first green spine is a DCP matter, forming part of latter stages of the Gulgan Village development if supported.

  • Proposed Lot 1 will be designed for heavy vehicle access. Standards and routes are set in the DCP and tested again at DA stage with Transport for NSW oversight.

  • Traffic is modelled and investigated at DCP and DA stages. If upgrades (turning lanes, intersection works etc.) are required, they'll be imposed as consent conditions and be required to be completed before any use begins.

  • No. Existing lawful access remains.

  • The subdivision layout avoids mapped hazards and confirms compliant envelopes. Each building DA will need to demonstrate compliance with Planning for Bush Fire Protection and Council's flood planning controls.

  • Ecological corridors and riparian areas are identified for long-term protection. No mature tree removal is proposed at subdivision stage.

  • Multiple Aboriginal Cultural Heritage Assessment’s (ACHAR’s) have been completed relative to the site. The subdivision seeks to mitigate impact to sites of significance. All future DAs must follow ACHAR protocols and the National Parks and Wildlife Act due-diligence process.

  • A Preliminary Site Investigation found no significant risks. Standard safeguards apply. Further checks may be required at later DA or certification stages.

  • Employment land must connect to reticulated water and sewer. Rural lots may use on-site systems only where compliant and Council-approved.

  • Servicing is staged with demand. Stormwater must meet best-practice Water Sensitive Urban Design (WSUD) standards and not worsen downstream impacts.

  • Existing dams have been reviewed against the NSW Harvestable Rights Calculator. All lots comply with permitted limits. No increase in dam capacity is proposed.

  • Yes. A Construction Management Plan will control hours, noise, dust, truck routing, waste, and erosion/sediment management.

  • Five legal lots are created with driveway access and servicing conditions. No buildings or new uses are authorised.

Development Control Plan (DCP)

On exhibition

  • A DCP sets the statutory zoning and development standards for a locality. It supplements the LEP, providing more detailed design and performance for things like: road hierarchy, buffers, setbacks, design, landscaping, flood and bushfire response, servicing, and Work-Live rules. It guides how future DAs will be assessed.

  • If approved, it will apply to all of Proposed Lot 1 (employment land and buffer/environment parcels). Proposed Lots 2-5 remain rural and follow the general Byron LEP/DCP 2014.

    • Roads, access, and collector road design (DORAS framework, with NRLG technical standards where relevant and approved).

    • Walking/cycling links and possible green spine for The Saddle Road.

    • Flood, bushfire, biodiversity and ecological corridors.

    • Buffers, setbacks, building scale and amenity controls.

    • Water, sewer, power staging to Council’s satisfaction.

    • Work–Live rules (workspace first, limited living in E3 only)

  • Yes. It sets buffers, setbacks, landscape requirements, and built-form controls. Proposals that don't comply can be refused through their DA assessment process.

  • The Draft BILS DCP — Chapter E11 is on public exhibition from 24 October to 23 November 2025. Anyone can make a submission via Council’s “Your Say Byron” website. Council must consider all submissions before deciding whether to adopt it.