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Justin Hemmes is forging ahead with the transformation of the former Cheeky Monkey’s nightclub in Byron Bay, as construction continues despite awaiting a Development Application (DA) decision.
The 53-year-old hospitality mogul recently faced a fine from Byron Shire Council for carrying out unauthorized construction while awaiting the green light on a second DA.
However, fresh images reveal that Hemmes’ crew is making significant progress, utilizing permission granted under an earlier DA from 2023, as confirmed by the Daily Mail.
Photos captured on October 21 depict workers onsite following the enforcement action against Hemmes, but these latest efforts are reportedly in line with the council’s approvals.
Construction vehicles were also spotted at the location, which the billionaire Sydney hotelier acquired for $13 million in 2021 with ambitions for significant expansion.
A privacy fence around the site promised locals they would be able to enjoy the new and improved hospitality hub ‘soon’.
Justin Hemmes, 53, has continued construction on the expansion of the former Cheeky Monkey’s nightclub in Byron Bay amid a pending Development Application. (Pictured with girlfriend Madeline Holtznagel)
‘We’re cooking up something great. See you soon, Byron,’ the message read.
It is unclear exactly what kind of work the tradespeople were doing on the site, but Daily Mail understands it was authorised by an initial DA approval in 2023, with Hemmes now awaiting a second DA approval for further construction.
It comes after the local council slapped the billionaire with a fine for performing certain works on the site without the second DA approval.
‘Some works undertaken on the site have been the subject of recent enforcement investigation and action,’ said Shannon Burt, Byron Bay Council’s director of sustainable environment and economy.
At the time of writing, the DA application has an amendment which says there has been a ‘formalisation of works undertaken without consent, and alterations and additions to existing restaurant and commercial premises involving two restaurants, removal of seven planted trees being six small to medium sized Coast Banksia, and one Bangalow Palm.’
Daily Mail has reached out to Hemmes’ representatives and Byron Shire Council for further comment on the matter.
Hemmes has grand plans of turning the old backpacker’s nightclub into the largest venue to ever open in Byron Bay.
In 2023, a few years after he purchased Cheeky Monkey’s in 2021, Hemmes splashed $11.9million on the neighbouring Red Ginger, Bell & Ford, and Johnsons storefronts.
The bar baron was recently slapped with a fine from Byron Shire Council for performing unauthorised works on the site while waiting for a second DA approval
Exclusive photos now show his tradespeople have powered ahead with their work, which Daily Mail understands has been authorised under a prior 2023 DA approval
Images taken on October 21 showed tradies working on site shortly after the Merivale boss was hit with an enforcement action, but these new works are council-approved
Work vehicles were also parked on the property, which the billionaire Sydney hotelier purchased for $13million in 2021 with grand plans of expansion
A privacy fence around the site promised locals they would be able to enjoy the new and improved hospitality hub ‘soon’
Merivale is now working to transform the 1,700 square metre retail lot into a bustling hospitality centre.
According to the DA, the expansion is expected to cost $1.49million, with Hemmes featuring his Sydney favourites, Totti’s and Jimmy’s Falafel, at the finished venue.
The application insists the development will ‘contribute to the character and vibrancy of the town centre’, accommodating up to 545 patrons from 10am until 2am daily.
However, Hemmes has received pushback from the local Byron Bay Public School, which has kindergarten classrooms situated less than 70 metres from the venue.
Parents have spoken out against the build, saying they were blindsided by the project and have concerns about the ‘potential safety risks for children’ at the school.
‘I’m gobsmacked. It’s the first time I’ve ever been vocal about a development application,’ Byron Bay parent Rachael Calvert told The Sydney Morning Herald.
Byron Bay Public P&C president Laura Cima added: ‘We’ve been completely overlooked. We obviously have concerns about the size and scale of this development and the potential safety risks for children at a school less than 100 metres from the venue.
‘That part of the school is where our youngest students are in classrooms: our kindergarten, year one and year two kids.’
It is unclear exactly what kind of work the tradespeople were doing on the site, but Daily Mail understands it was authorised by an initial DA approval in 2023, with Hemmes now awaiting a second DA approval for further construction
It comes after the local council had slapped the billionaire with a fine for performing certain works on the site without the second DA approval
Hemmes has grand plans of turning the old backpacker’s nightclub into the largest venue to ever open in Byron Bay
In 2023, a few years after he purchased Cheeky Monkey’s in 2021, Hemmes splashed $11.9 million on the neighbouring Red Ginger, Bell & Ford, and Johnsons storefronts
Merivale is now working to transform the 1,700 square metre retail lot into a bustling hospitality centre
According to the DA, the expansion is expected to cost $1.49 million, with Hemmes featuring his Sydney favourites, Totti’s and Jimmy’s Falafel, at the finished venue
The application insists the development will ‘contribute to the character and vibrancy of the town centre’, accommodating up to 545 patrons from 10am until 2am daily
Cheeky Monkey’s was originally a backpackers nightclub, but closed its doors in March 2020 due to the Covid outbreak
Merivale addressed the concerns in a statement last month, saying they had kept Byron Bay Public School ‘fully informed’ on the ‘refurbishment plans’.
‘Merivale’s development application is a straightforward refurbishment of two existing food and beverage venues with existing licences and three small retail spaces,’ a spokesperson said.
‘The result will be two beautiful, family-friendly restaurants that bear no resemblance to the former infamous Cheeky Monkey’s nightclub.’
However, parents are still concerned over the all-day dining and drinking aspect of the hub, with the former Cheeky Monkey’s backpacker club only operating at night after schoolchildren had returned home.