UPDATE: A contentious court ruling has just confirmed the approval of a 25 multi-dwelling development on flood-prone land adjacent to the Mullumbimby Showground. The Byron Shire Council lost its second legal battle against developer Callum Sked, marking a significant setback for local residents who oppose the project.
Residents near 30 Chinbible Avenue are outraged by the decision, claiming the $17.3 million development poses a serious flood risk to their homes. They argue that the project is excessive in size, lacks adequate drainage, and does not provide sufficient flood evacuation measures. This ruling comes on the heels of a December 22, 2025 judgment from the Land & Environment Court, where Commissioner Shona Porter sided with Sked after a ‘deemed refusal’ by the council.
The community had previously expressed frustration over what they perceive as inadequate support from the council throughout the approval process. “Why hasn’t Council gone into bat for us?” resident Aaron Diehm lamented earlier this year, highlighting a lack of transparency when residents learned about previous legal decisions only through online sources.
The latest court decision means that the development will move forward without further debate from elected officials. This ruling follows a history of legal disputes, including a prior case in which Sked successfully argued against the council’s failure to assess his development application in a timely manner.
According to the court’s judgment, many concerns raised by residents were acknowledged but ultimately deemed insufficient to block the application. The ruling stated, “While the contentions are generally resolved… the court is still required to determine if consent should be granted.” The court concluded that flood concerns were adequately addressed in the development plans, despite community objections.
Resident Chris Leach expressed profound disappointment, stating, “The legitimate concerns of residents were largely ignored.” Despite some minor concessions regarding stormwater management, many feel the council and court leaned towards pro-development policies, compromising local character and environmental safety.
The approval process included conditions, such as no fill or excavation in the floodplain and a requirement for detailed plans for a ‘shelter-in-place’ area that must be above the flood level. However, critics argue these measures do not adequately mitigate the risks associated with flooding.
Concerned residents now face an uncertain future as the project moves forward. The development is seen as a precedent for future residential projects within the picturesque Byron Shire, raising alarms about the potential for similar high-density developments in vulnerable areas.
As the community grapples with this decision, all eyes are on the next steps for the project and how residents will respond to this significant development in their neighborhood. Local leaders and activists continue to rally for a reassessment of planning policies to prioritize community safety and environmental integrity.
This situation remains fluid, with many advocating for immediate action to address the flood risks posed by this approved development. Keep following for further updates as the impact of this ruling unfolds in the Mullumbimby community.
