The residents of Beecroft led by the Byles Creek Valley Union have been fighting for many years to save the bushland of the Byles Creek Valley from development. The problem is that most of the land has been zoned residential with a minimum block size of 600 m2; just another example of a zombie zoning from many years ago before proper environmental assessments were made.
There are some larger lots that could be saved from subdivision that would entail the loss of large areas of vegetation to create asset protection zones. It is now possible that some of this land could be acquired to be zoned as regional open space and avoid this risk. It has been a long and agonising process.
Why the bush should be saved
Byles Creek valley corridor contains magnificent tall forest that provides connectivity between Lane Cove National Park and Pennant Hills Park and, ultimately the Berowra Valley. It supports critical habitat for threatened flora (30 species) and fauna, such as the Powerful Owl (see Facebook page for Mikey the Powerful Owl) and the Gang Gang cockatoo. Byles Creek is largely unaffected by urban runoff and it is rare to find such pristine water in urban areas.
The conservation value of this corridor is further emphasised by its inclusion as a core area in the NSW Biodiversity Investment Opportunities Map as part of the government’s Green Corridors Program.
History of action
The current zoning makes the valley at risk of radical clearing. Back in June 2015 following extensive resident addresses and debate, Hornsby councillors voted unanimously to make a full and comprehensive submission to the government to acquire this bushland as regional open space, but to no avail.
The risk of development became imminent when an application for sub-division of a large block in Malton Road was made in 2016 – more of that later.
Further lobbying by the community led to Hornsby Council agreeing in 2019 to conduct a planning study to assess the suitability of current planning controls to protect the environmental qualities of the whole valley and provide recommendations for changes that would protect the environmental, social and aesthetic qualities of the valley.
The study that was published in 2022 identified environment and development issues, for example:
- steep topography that limits urban development and causes risks from bushfire, flooding and erosion
- the condition of the riparian zones required protection via vegetation buffers
- development would cause loss of habitat vegetation for the APZ, sedimentation of the creek, weed invasion, loss of canopy and visual amenity
The study resulted in the following recommendations:
- change zoning of the low density (R2) land to C4 (Environmental Living) where there is an interface with the Byles Creek core corridor that is currently zoned as recreational
- increase the minimum lot size to 40 ha to meet the C4 objectives
- strengthen the wording in the LEP to support objectives to protect and enhance the vegetation
- enhance the riparian lands buffer conditions to control the impact of urban development and maintain ecological habitat
The next stage was for council to submit the planning proposal to the Department of Planning, Housing and Infrastructure (DPHI) in November 2023.
In May 2025, DPHI finalised its assessment of the proposal. Sadly, they knocked back the main elements:
DPHI is of the view these amendments would reduce housing diversity and development potential of the land.
This decision left the situation in limbo. The major stumbling block was the minimum lot size of 40 ha that was deemed to be too restrictive in most of the valley. Council included this requirement because it is consistent with the minimum lot size in other C4 zoned land even though this applies to more rural areas. Basically the implications were not considered by council.
DPHI has agreed to a number of important amendments requested to the Hornsby Local Environmental Plan 2013 (Hornsby LEP). They stated that it is satisfied that:
The new riparian land clause and mapping will provide an appropriate mechanism to call up environmental considerations in concert with existing provisions and legislation.
79–87 Malton Road
There is one particular block, 79–87 Malton Road that provides an opportunity to protect a large area from development. The owner has been trying to subdivide the block into six smaller lots for low density housing.
We first wrote about this land in April 2016 (STEP Matters, Issue 185). Residents had been lobbying Hornsby Council for years to make an application for the government to acquire the land for regional open space. In June 2015 councillors voted to make a submission. The Byles Creek Valley Union and the Beecroft Cheltenham Civic Trust augmented this with their own comprehensive submissions.
Nevertheless, after consideration of some additional reports, the sub-division was refused but the landowner appealed to the Land and Environment Court and was inevitably successful.
The residents continue the fight and had reason for hope that some funds could be available from the council sale of a church hall in Cheltenham to go towards purchasing the land. In 2019 members of the Byles Creek Valley Union were told by their local member, Dominic Perrottet, that funds were in place to acquire some of the privately held bushland and he promised that he would take steps to start the process. Despite several follow ups this promise is still to be actioned. Meanwhile the land is at risk.
The DA approval for sub-division granted by the Land and Environment Court was due to expire in November 2024. Suddenly the residents were shocked to see work being done to clear some vegetation and build a fence on the edge of Malton Road. This action wasn’t approved by the court.
The Byles Creek Valley Union newsletter also revealed that:
It is with great sadness that we inform you the developers at 79−87 Malton Road Beecroft have apparently obtained a construction certificate from a private certifier for internal works but not as yet for any work to Malton Road. It would seem tree removal will be imminent with many dozens of magnificent trees approved to be removed.
Now the land is for sale
But all is not lost. No further work has happened. Despite the illegal tree works it appears that the time limit for work to start has been passed and, suddenly, the land is now up for sale.
There is a golden opportunity for the government to act on the promises from Dominic Perrottet. It is believed that the environment minister is sympathetic. The local member Monica Tudehope spoke in parliament supporting the purchase.
At the August meeting Hornsby councillors voted unanimously to support a motion for council to write to the state government requesting the government acquire 79–87 Malton Road as the time is of the essence while this land is for sale.
The Byles Creek Valley Union are asking people to write to the Environment Minister Penny Sharpe (
The planning proposal should be resubmitted
The stalemate over the zoning details for Byes Creek Valley highlights the need for Hornsby Council to resubmit the planning proposal so that it meets the needs that were identified in the planning study. The minimum lots size should be reduced to an amount consistent with similar land in the shire. It has just come to light that council has a new draft planning proposal for rezoning rural land in Glenorie with a minimum lot size of only 4,000 or 5,000 m2 (half a hectare).
The issue of bushfire risk should be incorporated in the planning process by include an RFS Strategic Bushfire Plan showing the major bushfire constraints of all remaining undeveloped residential land in Byles Creek as this is a requirement of the department.
Please therefore write to Hornsby Council requesting council resubmits the Byles Creek planning proposal but with the matters that should have been addressed; the reduced minimum subdivision lot sizes and with an RFS strategic bushfire plan included.
Photo: Trish Brown