UPDATE: In a shocking development, the Byron Shire Council has lost its second legal battle against developer Callum Sked, paving the way for a controversial $17.3 million project of 25 multi-dwellings on flood-prone land next to Mullumbimby Showground. The ruling was handed down on December 22, 2025, just as residents voiced their immense concerns over safety and environmental impacts.
Residents living near 30 Chinbible Avenue have been vocal in their opposition, citing fears about flooding risks, inadequate drainage, and insufficient open space. They argue that this large-scale development is inappropriate for the flood-prone area, and many feel abandoned by local authorities in their fight against the project.
In a previous court case on April 30, 2025, the Council faced backlash for not adequately addressing community concerns regarding the development. Residents only learned of the court’s judgment through the NSW Caselaw website, prompting outrage over their lack of representation.
The current ruling, facilitated by Commissioner Shona Porter, determined that the development could proceed despite public outcry. Commissioner Porter acknowledged the genuine concerns of the community but ruled that the evidence presented did not sufficiently outweigh expert opinions in favor of the development.
“With Council leading no substantial evidence on the public interest, the court had little choice but to grant consent,” stated one resident who wished to remain anonymous. This sentiment resonates with many who feel their voices have been disregarded.
The court’s decision means that the development will not be subject to further debate by elected councillors, leaving residents feeling powerless. The ruling stems from a ‘deemed refusal’ by the Council, where it was accused of failing to assess the development application (DA) in a timely manner.
As part of the court’s conditions for approval, the development must incorporate detailed flood safety measures, including a ‘shelter-in-place’ area above projected flood levels. However, residents remain skeptical about the effectiveness of these provisions. One local, Chris Leach, expressed his dismay, saying, “The legitimate concerns of residents were largely ignored. This decision sets a dangerous precedent for future developments in our community.”
The ongoing battle highlights the tensions between developers and local residents, particularly in areas vulnerable to climate change and flooding. Former Council planning director Ray Darney, who represented the residents, echoed these concerns, stating, “This cookie-cutter style of housing threatens the unique character of our beautiful Shire.”
As the community grapples with the implications of this decision, all eyes will be on how the development unfolds and its impact on local safety and the environment. Residents are calling for continued vigilance as they seek to protect their homes from what they believe could be a catastrophic outcome.
Next Steps: Residents are organizing a meeting to discuss their options moving forward, including potential appeals and further community action. The next few weeks will be critical as they assess the full implications of the court’s decision and the development’s progress.
Stay tuned for further updates on this developing story.
