Justin Hemmes continues construction on huge Byron Bay venue – after being slapped with a council fine for unauthorised works

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Despite not yet having final approval, Justin Hemmes is moving forward with building work to expand the old Cheeky Monkey’s nightclub in Byron Bay.

The 53-year-old pub owner was recently fined by the Byron Shire Council for making changes to the property without permission while his second development application was being considered.

Recent photos reveal construction workers have made significant progress on the project, and the Daily Mail has learned this work was previously approved in 2023.

Photos from October 21st show construction workers on the property soon after the owner received a notice from authorities, but this work has been officially approved by the council.

The billionaire hotelier, who bought the property for $13 million in 2021 with plans to build more, also had work vehicles parked there.

With a privacy fence now up, nearby residents were told they’ll be able to enjoy the renovated hospitality center in the near future.

‘We’re cooking up something great. See you soon, Byron,’ the message read. 

We’re not sure exactly what the workers were doing at the site, but the Daily Mail has learned the work had initial approval from a planning permit granted in 2023. Justin Hemmes is currently waiting for a second permit to allow for more construction.

This happened after the city council fined the billionaire for doing construction on the property without getting the necessary permits.

Byron Bay Council recently investigated and took action regarding some work done on the property, according to Shannon Burt, the council’s director of sustainable environment and economy.

Currently, the development application includes changes to address work that was done without permission, as well as renovations and expansions to the existing restaurant and shops. This includes combining two restaurants and removing seven trees – six Coast Banksias and one Bangalow Palm.

The Daily Mail has contacted representatives for Justin Hemmes and the Byron Shire Council for more information about this issue.

Justin Hemmes is planning a major overhaul of the former backpacker’s nightclub, aiming to create Byron Bay’s biggest entertainment venue.

In 2023, a couple of years after buying Cheeky Monkey’s in 2021, Hemmes spent $11.9 million to acquire the adjacent properties: Red Ginger, Bell & Ford, and Johnsons.

Merivale is currently renovating a 1,700 square meter retail space to create a lively dining and entertainment hub.

The District Attorney’s office estimates the project will cost $1.49 million. Once completed, the venue will include two popular Sydney restaurants owned by Hemmes: Totti’s and Jimmy’s Falafel.

The developers claim this project will enhance the town centre’s atmosphere and appeal, and the venue would be open daily from 10am to 2am, serving up to 545 customers.

However, the local Byron Bay Public School has voiced concerns, as its kindergarten classrooms are located less than 70 meters from the venue.

Parents have expressed their opposition to the construction, stating they weren’t informed about it beforehand and are worried about the possibility of children being unsafe at school.

Rachael Calvert, a parent in Byron Bay, said she was completely stunned and this was the first time she’d ever publicly spoken out about a building proposal, according to The Sydney Morning Herald.

Laura Cima, president of the Byron Bay Public School P&C, expressed disappointment that the community’s concerns hadn’t been considered. She highlighted worries about the development’s size and possible dangers to students, given the school is located so close to the proposed venue – less than 100 metres away.

The youngest students – those in kindergarten, first grade, and second grade – have their classrooms in that section of the school.

Last month, Merivale responded to questions about the renovations, stating they had consistently updated Byron Bay Public School on the plans.

According to a spokesperson, the proposed changes for Merivale involve simple updates to two existing restaurants and bars that already have licenses, as well as three small shops.

These new restaurants will be lovely, welcoming places for families – a complete change from the old Cheeky Monkey’s nightclub.

Parents remain worried about the hub offering food and drinks all day, as the previous venue, Cheeky Monkey’s, only opened in the evenings after school hours.

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2025-11-23 09:34