Court ruling clears way for 124-home Byron Shire development

The path is now clear for excavators to enter the Wallum site near Brunswick Heads, but opponents have one week to stop the 124-home development through an appeal.

About 100 people gathered in Brunswick Heads to watch a livestream of the Federal Court judgment. The court rejected Save Wallum Inc's application for a permanent injunction against the project, ending a legal challenge that had kept construction on hold for more than two years.

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Incredibly disappointing

The temporary injunction has been extended for another week to allow Save Wallum and developer Clarence Property to consider the ruling. If no appeal proceeds, Clarence Property can enter the site from 5pm on September 14 to clear grass and begin stage one, which includes building 36 artificial frog ponds.

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You have to wonder what credibility our environmental laws have at a national level if we can't protect threatened species and their habitat from extinction

Save Wallum spokesperson Luciana Bowen called the judgment "incredibly disappointing" and questioned the strength of Australia's environmental protections. She said the community had spent hundreds of thousands of dollars and countless hours trying to protect the site through the Federal Court system.

Clarence Property chief executive Simon Kennedy said the company felt vindicated. He said the court had found that claims about national significance, species endangerment and the development's impact were not supported. The company bought the land in 2021 and has approval to build 124 housing lots across 12 hectares of the 30-hectare site. Kennedy said the developer had been ready to begin work for 26 months and was eager to start.

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We have been ready to commence works for 26 months so it has been a long wait for us