Lack of protection of Byles Creek Valley has been the thorn in the side of the Beecroft community for over 60 years.
Residing in the Epping electorate, Byles Creek Valley is home to critically endangered fauna and flora.
Though some of the valley is protected, since 2016, the parcel of land in the valley on 79-87 Malton Road, Beecroft, has had an approved development application for subdivision into five residentially zoned lots.
Alongside the development application posing serious threat to the endangered bushland, a host of other issues are tainting the development. Namely, alleged illegal clearing of heritage listed bushland, the possible lapsing of the DA approval, and the mismanagement of $2.5 million from the State Government to Hornsby Shire Council for the acquisition of the site.
Since its inception in 1987, Byles Creek Valley Union (BCVU) have been opposing the destruction of the valley. It is a wonder, says Secretary of BCVU Robyn Smith, why the community are still fighting the same battle decades later.
In 1987, after a proposal to develop a road abreast the creek and 24 housing blocks was put to council, a Commission of Inquiry was ordered. The recommendation for Council was that the land be rezoned as Public Open Space and acquired, but this never occurred. What followed was rejected subdivision DAs between 1989 and 2011. The rejections were justified due to developments possibly causing significant ecological damage.
The state of where Byles Creek Valley is today largely begins with the purchase of the land by a property development group in 2011, for a price of $2,176,000, but then again, 4 months later, we believe by the same developer, to another of his companies in 2012 for $1,200,000.
The developer lodged a DA for 79-87 Malton Road. Community submissions strongly objected the DA due to the environmental impact development would cause. However, after several years, deferrals, and amendments to the application, the DA was approved in 2016.
The issue of the missing $2.5 million comes in 2019, when then Member for Epping and Treasurer, Dominic Perrottet, committed funds to the acquisition of the unprotected land at Byles Creek Valley. Six years later, the land is still privately owned, and the question arises: what happened to the money?
In 2023, Perrottet, in a letter to Minister Paul Scully, wrote he “committed $2.5 million to be provided to Hornsby Shire Council for the purchase of bushland at Byles Creek” but that it had been brought to his “attention these funds… have instead been released to Hornsby Shire Council by the Department of Planning without any of the conditions that ought have been attached”. In short, the funds could have, by Hornsby, been used for anything and yet Council say they only received $2.5 million for grants over a four-year period, where all projects were already earmarked.
The DA for 79-87 Malton Road was given a 2-year extension as a result of COVID-19. The lapsing date was 6 July 2023. In October 2024, an excavator allegedly cleared Heritage Item 114 beside the parcel of land for the construction of a fence. According to BCVU, this possibly calls into question not only the developer’s intention to follow the LEC conditions, but also when, exactly, the DA was legally to lapse, and if there was enough work to be considered significant commencement.
Hornsby Shire Council has acknowledged independent studies commissioned on Byles Creek Valley, including by ecologist Dr Peter Smith, who in the most recent Byles Creek Planning Study where the land has been found to be worthy of purchase and preservation. But the fact remains: this land is not yet publicly owned and therefore not safe.
The fight is not yet over for Byles Creek. Trish Brown, President of BCVU, says if there were ever a time to act, it would be now. In June of 2025, the developer listed the site 79-87 Malton Road for sale, making acquisition straightforward.
‘Our community continues to make representations, meet with politicians, and fight for acquisition,’ says BCVU. ‘These unprotected lands have continually been stated as worthy of acquisition in order to protect their unique biodiversity and important connectivity.’
BCVU implore anyone concerned with Byles Creek Valley to contact Minister Penny Sharpe at office@sharpe.minister.nsw.gov.au
BCVU can be found on Facebook ‘Byles Creek Valley Union Incorporated’.
The Post are investigating the promised $2.5 million, and other matters related to Byles Creek Valley. An update with our findings will be published in our September edition.
