Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

 

Ordinary Meeting

 

 Thursday, 5 February 2015

 

 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

5 February 2015

 

 

INDEX OF ITEMS DISCUSSED

 

The following items are listed in the order in which they were dealt with.

 

Report No. 13.1          Section 355 Committee / Boards of Management - Changes to Membership. 3

Report No. 13.4          Potential Future Bulk Water Charges - Rous Water 3

Report No. 13.5          Investments - December 2014. 4

Report No. 13.7          Report of the Planning Review Committee Meeting held on 9 December 2014. 4

Report No. 13.10       Lot 5 Shara Boulevard - Public Reserve Proposal 4

Report No. 13.11       Tallow Creek Flood Mapping Update. 4

Report No. 13.13       Unresolved Local Traffic Committee items from 11 December 2014. 5

Report No. 14.1          Report of the Community Infrastructure Advisory Committee Meething held on 4 December 2014. 5

Notice of Motion No. 9.1          Public Questions. 7

Report No. 13.3          Owner's Consent to Lodge DA - Telecommunications Facility on Council Land at Ocean Shores. 7

Mayoral Minute No. 8.2            Establishment of a Resident Roundtable. 7

Notice of Motion No. 9.2          Refugee Welcome Zone. 8

Notice of Motion No. 9.3          Healthy Marine Environment - Educational Sign at Main Beach, Byron Bay  8

Report No. 13.12       Two-lanes inbound, Shirley Street and direct access Lawson Street north car park, Byron Bay. 9

Report No. 13.2          Byron Bay War Memorial Swimming Pool - Lease/Management Agreement 10

Mayoral Minute No. 8.1            Sealing of Minyon Falls Road. 12

Petition No. 10.1        Proposed Extension of Paid Parking in Byron Bay. 12

Report No. 13.6          PLANNING - Draft Planning Proposal for an amendment to the Byron LEP 2014 to rezone land and permit Community Title at Lot 1 DP 1031848, The Coast Road, Broken Head (The Linnaeus Estate) 13

Report No. 13.8          South Coast Regional Sea Level Rise Policy and Planning Framework. 14

Report No. 13.9          South Byron Sewage Treatment Plant Decommissioning. 15

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes                                                                         5 February 2015

 

 

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 5 February 2015 COMMENCING AT 10.31am AND CONCLUDING AT 3.00pm

I2015/37

 

PRESENT:          Cr S Richardson (Mayor), Cr B Cameron, Cr C Cubis, Cr D Dey, Cr A Hunter,
Cr S Ibrahim, Cr P Spooner, Cr R Wanchap and Cr D Woods

 

Staff:   Mark Arnold (Acting General Manager)

            Trish Kirkland (Acting Director Corporate and Community Services)

            Phil Holloway (Director Infrastructure Services)

            Shannon Burt (Director Sustainable Environment and Economy)

            Shannon McKelvey (Executive Manager Organisation Development)

            Kylie Grainey (Minute Taker)

 

The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.

 

 

Public Access

 

Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:

 

8.2.             Establishment of a Resident Roundtable

 

Tony Hart (Bangalow Progress Association) addressed Council in favour of the recommendation.

 

Cate Coorey (Byron Residents Association) addressed Council in favour of the recommendation.

 

 9.1.            Public Questions

 

David Wallace addressed Council in favour of the recommendation.

 

Morgan addressed Council in favour of the recommendation.

 

9.2              Refugee Welcome Zone

 

Sandra Kessler and Garth Luke (Mullumbimby Loves Refugees) addressed Council in favour of the recommendation.

 

Morgan addressed Council against the recommendation.

 

9.3              Healthy Marine Environment – Educational sign at Main Beach

 

Karl Goodsell (Positive Change for Marine Life) addressed Council in favour of the recommendation.

 

13.3            Owners consent to lodge a DA – Telecommunication facility

 

Vanessa Davies and Darren Mason (Aurecon / Telstra)  addressed Council in favour of the recommendation.

 

Ray Musgrave, Tim Reilly and Dr Oscar Serrallach  addressed Council against the recommendation.

 

13.12          Two-lanes inbound, Shirley Street and direct access Lawson Street north carpark

 

Laurie Lynch  addressed Council against the recommendation.

 

Submission No. 1          Byron Bay BMX Track

 

Phillipe Soria made a submission to Council regarding support for BMX track at Byron Bay.

 

Submission No. 2          Byron Bay Hair Wrap Shop

 

Morgan  made a submission to Council regarding the Byron Bay hair wrap shop.

 

Submission No. 3          Grading dirt roads and driveways

 

Morgan  made a submission to Council regarding grading dirt roads and driveways.

 

Submission No. 4          Illegal to sleep in your car

 

Morgan made a submission to Council regarding the legalities of sleeping in a car.

 

 

Apologies

There were no apologies.

 

 

Requests for Leave of Absence

 

There were no requests for leave of absence

 

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no Declarations of Interest – Pecuniary and Non-Pecuniary

 

 

Tabling of Pecuniary Interest Returns

 

There were no Pecuniary Interest Returns tabled.

 

 

Adoption of Minutes from Previous Meetings

 

15-001

Resolved that the minutes of the following meetings be confirmed:

·        Ordinary Meeting held 11 December 2014

 (Dey/Woods)

The motion was put to the vote and declared carried.

 

 

 

Reservation of Items for Debate and Order of Business

 

The Mayor suspended standing orders to allow for items to be reserved for debate, being:

 

Staff Reports 

 

Corporate and Community Services

 Report No 13.2.      Byron Bay War Memorial Swimming Pool – Lease/Management Agreem

Report No. 13.3       Owner's Consent to Lodge DA - Telecommunications Facility on Council Land at Ocean Shores

Sustainable Environment and Economy

Report No. 13.6       PLANNING - Draft Planning Proposal for an amendment to the Byron LEP 2014 to rezone land and permit Community Title at Lot 1 DP 1031848, The Coast Road, Broken Head (The Linnaeus Estate)

Report No. 13.8       South Coast Regional Sea Level Rise Policy and Planning Framework

 

Infrastructure Services

Report No. 13.9       South Byron Sewage Treatment Plant Decommissioning

Report No. 13.12     Two-lanes inbound, Shirley Street and direct access Lawson Street north car park, Byron Bay

 

The remaining Recommendations and Committee Recommendations were adopted as a whole, being moved by Cr Woods and seconded by Cr Cameron. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 15-002 and concluding with Resolution No. 15-013.

 

 

STAFF REPORTS – CORPORATE AND COMMUNITY SERVICES

 

Report No. 13.1           Section 355 Committee / Boards of Management - Changes to Membership

File No:                        I2014/91

 

15-002

Resolved:

1.       That Council accept the resignation from Annette Welstead and officially thank her for her contribution on the Heritage House Bangalow Section 355 Management Committee.

 

2.       That the following appointments be made in line with Councillors term of office ending September 2016.

 

         a)       That Samuel Fell be officially appointed to the Mullumbimby Civic Memorial Hall Board of Management.

          b)      That Damon Lewis be officially appointed to the Bangalow A&I Hall Board of Management.

          c)      That Elissa Pelling and Robyn Quinn be officially appointed to the South Golden Beach Community Hall Section 355 Management Committee.

 

3.       That Cr Basil Cameron be the appointed Councillor delegate and Crs Ibrahim and Cubis be alternate delegates on the Bangalow A&I Hall Board of Management.

(Woods/Cameron)

 

 

 

Report No. 13.4           Potential Future Bulk Water Charges - Rous Water

File No:                        I2015/1

 

15-003

Resolved  that Council:

1.   Note the contents of this report.

2.   Request staff to undertake financial modelling of the likely impact on Byron Shire consumers from Water rates increases necessitated by the Rous Water imposts and then utilise this information in formulating a detailed submission in response to Rous Water’s proposed bulk water supply charge regime.

(Woods/Cameron)

 

 

 

Report No. 13.5           Investments - December 2014

File No:                        I2015/4

 

15-004

Resolved  that the report listing Council’s investments and overall cash position as at 31 December 2014 be noted.                                                                                 (Woods/Cameron)

 

Staff Report - Sustainable Environment and Economy

 

 

 

Report No. 13.7           Report of the Planning Review Committee Meeting held on 9 December 2014

File No:                        I2014/99

 

15-005

Resolved  that the report be noted.

(Woods/Cameron)

 

 

Staff Report – infrastructure services

 

 

Report No. 13.10         Lot 5 Shara Boulevard - Public Reserve Proposal

File No:                        I2014/175

 

15-006

Resolved that Lot 5  DP880917 Shara Boulevard, North Ocean Shores be designated a Public Reserve.

(Woods/Cameron)

 

 

 

Report No. 13.11         Tallow Creek Flood Mapping Update

File No:                        I2015/6

 

15-007

Resolved:

1.   That Council notes the information contained within Attachment 1 and adopts the new Tallow Creek flood mapping, as detailed in Attachment 1, for use in all future planning assessments and infrastructure projects.

 

2.   That Council add Attachment 1 as an addendum to the Council adopted Tallow Creek Floodplain Risk Management Study and Plan 2009.

(Woods/Cameron)

 

 

 

Report No. 13.13         Unresolved Local Traffic Committee items from 11 December 2014

File No:                        I2015/14

 

15-008

Resolved  that Council adopt the following Committee Recommendation:

1.       Library truck request to use bus zone, Rajah Road, Ocean Shores 

 

Committee recommendation

That to accommodate the request from the Richmond-Tweed Regional Library for a space to park the mobile library truck in Ocean Shores, Council:

a)    notes the support of both the Local Traffic Committee and the local bus operator (Blanchs/BVC);

 

b)    notes it will require an extension of the existing bus bay on the east side of Rajah Road, Ocean Shores as located directly at the frontage of the shopping centre;

 

c)    subject to the extension being approved and completed, sign the southern end, for a length of no less than 18m, as ‘No Parking’ and ‘Byron Shire Council Authorised Vehicles Excepted’ and sign the remaining length as a Bus Zone; and 

 

d)    notify library management that the mobile library truck is authorised to use the space as signed.

(Woods/Cameron)

 

15-009

 

Resolved that Council adopt the following Committee Recommendation:

2.       Request for speed zone review, Possum Shoot Road, Coorabell

 

     That Council notes RMS advice that a speed zone review for Possum Shoot Road,          Coorabell will not be undertaken at this time. 

(Woods/Cameron)

 

 

COMMITTEE Report – infrastructure services

 

 

Report No. 14.1           Report of the Community Infrastructure Advisory Committee Meeting held on 4 December 2014

File No:                        I2015/9

 

15-010

Resolved that Council note the minutes of the Community Infrastructure Advisory Committee Meeting held on 4 December 2014. 

(Woods/Cameron)

 

 

15-011

 

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.2     Landslips - Update Report

File No: I2014/170

 

Committee Recommendation 5.2.1

 

1.       That Council notes the Community Infrastructure Advisory Committee has noted the           information provided in this report.

 

2.       That staff be thanked for having completed the land slip repair adjacent to the Wilsons           Creek Primary School.                                                                                           (Woods/Cameron)

 

 

15-012

 

Resolved that Council adopt the following Committee Recommendation:

Report No. 5.1     Draft Asset Management Policy

File No: I2014/174

 

Committee Recommendation 5.1.1

1.       That the draft Asset Management Policy, as amended, be placed on public exhibition. 

 

2.       That if no submissions are received on the ‘draft Asset Management Policy,’ at the end of the public exhibition period it be adopted. 

 

3.       That if submissions are received on the ‘draft Asset Management Policy’ they be reported back to Council.

(Woods/Cameron) .

 

 

15-013

 

Resolved That Council adopt the following Committee Recommendation:

Report No. 5.3     Infrastructure Services Risk Management Procedures Part 1 – Roads Footpaths and Drainage

File No: I2014/171

 

Committee Recommendation 5.3.1

That Council endorse the Infrastructure Services Risk Management Procedures Part 1 Roads, Footpath and Drainage, including:

 

1.       The ability for Council to meet future service level obligations as identified within the Infrastructure Services Risk Management Procedure will be constrained by future budgets, which may result in the need for a further report to Council to address:

 

a)      reducing the level of service of programmed maintenance in order to undertake high and urgent risk priorities or;

 

b)      adjusting the risk rating formula so less defects are included in the high and urgent priority, and response times are increased or;

 

c)      increasing the future Local Roads and Drainage budget to permit Council to continue with the current Service Level program and address defects in the recommended time frame

 

2.       That the Infrastructure Services Risk Management Procedure is being undertaken in a staged approach, with each implementation stage to be reported to the Community Infrastructure Advisory Committee for endorsement.

 

3.       That Council is supportive of a trial taking place for six months, with a report coming back to the Community Infrastructure Advisory Committee providing the result of the trial.

(Woods/Cameron)

 

 

 

 

Procedural Motion

15-014

Resolved that Council change the order of business to deal with Reports 9.1, 13.3, 8.2, 9.2, 9.3, and 13.12 next on the Agenda.                                                                          (Woods/Richardson)

The motion was put to the vote and declared carried.

 

 

 

NOTICE OF MOTION


 

Notice of Motion No. 9.1     Public Questions

File No:                                  I2015/16

 

15-015

Resolved that Council

a)      Reinstate Public Questions within the Code of Meeting Practice within the Public Access           Section; and

 

b)      Amend the Code of Meeting Practice to:

 

          i.  allow Public Questions to be asked within Council meetings; and

          ii. allow Councillors to ask questions of the speaker 

          iii. responses to questions taken on notice will be tabled in the next agenda papers

(Spooner/Dey)

The motion was put to the vote and declared carried.

 

 

 

STAFF REPORT – CORPORATE AND COMMUNITY SERVICES


 

Report No. 13.3           Owner's Consent to Lodge DA - Telecommunications Facility on Council Land at Ocean Shores

File No:                        I2014/176

 

15-016

Resolved  that Council not provide owners consent and, in advising Telstra of this decision, indicate that Council supports Telstra improving its service to the area but requests that it find other location(s) for new base stations away from residents and schools.                (Dey/Spooner)

The motion was put to the vote and declared carried.

 

 

MAYORAL MINUTE


 

Mayoral Minute No. 8.2       Establishment of a Resident Roundtable

File No:                                  I2015/23

 

15-017

Resolved that Council:

1.       Establish a regular Resident Roundtable meeting keeping in line with a similar format      as the Sports Stakeholder and Business Roundtables.

 

2.       That invitations be made to progress associations, resident groups and community groups to attend these meetings and agenda items sought prior to each meeting.

 

(Richardson/Spooner)

The motion was put to the vote and declared carried.

 

 

NOTICES OF MOTION

 


 

Notice of Motion No. 9.2     Refugee Welcome Zone

File No:                                  I2015/17

 

15-018

Resolved that Council:

1.       Declares Byron Shire to be a Refugee Welcome Zone.

 

2.       Signs the Refugee Welcome Zone Declaration endorsed by the Refugee Council of Australia, at a public signing ceremony to which a member of the Refugee Council of Australia is invited.

(Spooner/Cameron)

 

 

 

 

Procedural Motion

15-019

Resolved:  that Cr Spooner be granted a two minute extension to his speech.

(Richardson/Ibrahim)

The motion was put to the vote and declared carried.

 

The motion was put to the vote and declared carried.

 

 

 

Notice of Motion No. 9.3     Healthy Marine Environment - Educational Sign at Main Beach, Byron Bay

File No:                                  I2015/18

 

15-020

Resolved that:

1.       Council supports the installation a Healthy Marine Environment education sign at    Main Beach, Byron Bay through an educational awareness partnership with Positive Change for Marine Life.

          The aim of this partnership is to promote actions that will ensure a healthy marine environment in Byron Bay. This will ensure a reduction in the level of waste collected at Main Beach to achieve economic, social and environmental benefits.

2.       The partnership to investigate and facilitate the following elements:

i.             Statistical collection and analysis of marine debris;

ii.            Monitoring and evaluation of littering at Main Beach;

iii.           Identification of the positive benefits and/or challenges in maintaining a healthy marine environment;

iv.           Installation of signage and other park infrastructure (e.g. seating, recycle and wastage bins) to support a public education campaign promoting a Healthy Marine Environment;

3.       Council refers this motion to be considered in the Byron Bay Town Centre Masterplan process.

4.       Any proposals resulting from this partnership resulting in additional costs to council outside allocated budgets to be reported back to council for approval.   

 (Spooner/Richardson)

The motion was put to the vote and declared carried.

 

 

staff report – infrastructure services

 

Report No. 13.12         Two-lanes inbound, Shirley Street and direct access Lawson Street north car park, Byron Bay

File No:                        I2015/10

 

 

Cr Ibrahim left the chambers at 12.06pm and returned at 12.09pm

Cr Dey left the chambers at 12.15pm and returned at 12.16pm

15-021

Resolved that:

1.    Council provide a continuous second in bound lane commencing 50 metres north of the Shirley/Butler Street roundabout in Byron Bay through to the Lawson/Jonson Street roundabout;

 

2.    The purpose is to improve operation and movement at and between the aforementioned roundabouts and is to   maintain the existing lane configuration west of the Jonson/Lawson Street intersection which includes a dedicated left-turn lane and a combined through and right lane; and

 

3.    the $206,000 within s94 reserved for Byron Bay traffic management be made available for this project including the completion of detailed design and cost estimates, obtainment of approvals and construction.

 

4.    this resolution be reported to the next Local Traffic Committee meeting for their advice and comment. Where staff consider such advice and comment to be significant in regards to safety, the matter be returned to Council for further consideration.

 

5.    where practical and appropriate this project be designed and delivered with consideration of the Byron Bay town centre bypass.

(Wanchap/Woods)


 

AMENDMENT

 

Moved that Council:

 

1.       refers the proposal (development of a permanent second along 50 metres of Shirley Street and Lawson Street to Jonson Street) to Council's consultants McGregor Coxall, who are developing the Byron Bay Town Centre Master Plan ; and

 

2.       refers the proposal under resolution 14-187 (Permanent inbound bus lane) and cyclist needs to the same consultant; and

 

3.       receives their advice though the Plan's processes before considering the proposals further.

 

(Dey/Richardson)

 

 

 

Procedural Motion

15-022

Resolved  that Cr Dey be granted a two minute extension to his speech.

(Richardson/Hunter)

The motion was put to the vote and declared carried.

Cr Ibrahim voted against the motion.

 

 

 

Procedural Motion

15-023

Resolved  that Cr Richardson be granted a two minute extension to his speech.                                                                                                                                                    (Richardson/Dey) The motion was put to the vote and declared carried.

 

 


 

Procedural Motion

15-024

Resolved that Cr Cameron be granted a two minute extension to his speech.                                                                                     `                                                               (Richardson/Cameron)

The motion was put to the vote and declared carried.

 

The amendment was put to the vote and declared lost.

Councillors Ibrahim, Cubis, Woods, Hunter and Wanchap voted against the amendment.

 

The motion was put to the vote and declared carried.

Councillors Dey, Richardson, Spooner and Cameron voted against the motion.

 

A Notice of Rescission Motion has been lodged on this Item.

 

The meeting adjourned at 12.35pm for a lunch break and reconvened at 1.42pm

 

 

 

Procedural Motion

15-025

Resolved that Council change the order of business to deal with Reports 13.2 next on the Agenda.                                                                                                                (Richardson/Cameron)

The motion was put to the vote and declared carried.

 

 

staff report – corporate and community services

 

Report No. 13.2           Byron Bay War Memorial Swimming Pool - Lease/Management Agreement

File No:                        I2014/160

 

15-026

Resolved:  

1.       That Council not call for tenders for the proposed lease/management agreement of the Byron Bay Byron Bay War Memorial Swimming Pool Complex (“the Complex”) for the following reasons:

          (a)     that Crown Lands (as a Lessor) has not provided its consent to the calling of tenders to establish a new lease/management agreement; and

 

          (b)     that advice from the Office of Local Government and Council’s independent legal advice supports the rationalisation of land titles prior to the calling of tenders to establish a new lease/management agreement; and

 

          (c)     the specialised nature of pool management means that there are limited persons with sufficient experience and skill; and

 

          (d)     a tenure of twenty-four (24) months would be unlikely to result in commercially acceptable tenders.

 

2.       That Council delegate the General Manager to negotiate and do all things necessary to finalise a new lease/management agreement for the Complex with the current lessees/managers (Fishheads@Byron Pty Ltd) on a “without admission”, “without prejudice” and “without obligation” basis and subject always to all necessary approvals from external agencies being obtained.

 

3.       Endorse the proposed lease/management agreement for the Complex on the same basis of the current deed of agreement with the following changes:

 

          (a)     24 month term, commencing 1 July 2015 and terminating on 30 June 2017,

          (b)     Rent determined via market valuation and indexed where necessary,

          (c)     Management Fee will be indexed where necessary.

 

          subject to meeting all statutory requirements relating to any new lease including public notice and public consultation processes, obtaining approval of the Minister of Lands, as well as the Minister for Local Government if necessary.

 

4.       That the lease/management agreement be subject to the following:

 

a)      the lessees releasing Council, as Reserve Trust Manager, from all (real or perceived) claims, damages, liability, actions or the like, arising from anything to do with the lease/management agreement of the Complex, leases or generally their occupation of the Byron Bay War Memorial Swimming Pool Complex at any time, such release to be in writing to the satisfaction of the General Manager and Council’s solicitors; and

 

b)      the lessees personally guaranteeing that they will vacate the premises by the end date of the proposed new lease, namely 30 June 2017, and indemnifying Council as the Reserve Trust Manager, from all claims, damages, actions, liability or the like in the event that they do not so vacate the premises.

 

5.       Delegate the General Manager to negotiate and do all things necessary to finalise a new lease/management agreement for the Complex with the current lessees/managers (Fishheads@Byron Pty Ltd) on a “without admission”, “without prejudice” and “without obligation” basis and subject always to all necessary approvals from external agencies being obtained.

 

6.       That Council’s Seal be affixed to the lease/management agreement of the Complex with Fishheads@Byron Pty Ltd in accordance with Local Government (General) Regulation 2005, clause 400.

 

7.       That in the event negotiations with the current lessees/managers are unsuccessful and/or are not concluded within this time, the General Manager is authorised to serve notice on the current lessees/managers to vacate the premises on or before 30 June 2015.

 

8.       That in the event an acceptable leasing arrangement cannot be reached and notice is served on the current lessees/managers to vacate the premises, the management of the Complex revert to Council from 1 July 2015.

(Woods/Cubis)

The motion was put to the vote and declared carried.

 

 

Mayoral Minute

 

Mayoral Minute No. 8.1       Sealing of Minyon Falls Road

File No:                                  I2015/22

 

15-027

Resolved:

1.       That Council liaise with Lismore City Council and NPWS in order to seek support from State and Federal governments to fund the sealing of Minyon Falls road and to possibly develop a joint funding proposal.

 

2.       That relevant local members, the Hon. Don Page and the Hon. Thomas George be requested to represent the needs and benefits of sealing this road for locals and visitors with the State government and to support any applications relating to sealing the road.

 

3.       That, as the road is primarily used by large amounts of visitors to reach Minyon Falls within Nightcap National Park, the Federal and State Ministers of the Environment be requested to support and assist in the sealing of Minyon Falls road. 

(Richardson/Spooner)

The motion was put to the vote and declared carried.

 

 

Petitions

The Mayor tabled a petition with 753 signatures against the construction of the Telstra Tower in Ocean Shores.

 

 

Petition No. 10.1         Proposed Extension of Paid Parking in Byron Bay

File No:                        I2014/163

 

15-028

Resolved:

1.       That the petition regarding the proposed extension of paid parking in Byron Bay be noted.

 

2.       That the petition be referred to the Director Infrastructure Services and be included in the discussion paper for the next workshop for Councillors on Paid Parking.

(Woods/Richards)

The motion was put to the vote and declared carried.

 

 

Submissions and Grants

Councillor Richardson advised Council has received the following grants:

 

-       Received $111,286 from Office of Environment and Heritage to create depot to collect chemical waste

-       Received $735,759 from Office of Environment and Heritage for Green Waste collection

 

 

Delegates' Reports

Cr Woods spoke regarding the Rous Water Risk and Audit committee held on 4 February and a Delegates Report will be provided at the next meeting.

 

Cr Woods also spoke regarding the Mullumbimby Showground Trust Committee. The Committee has recently received a second grant to complete Stage 2 electrical works.

 

 

Staff Reports - Sustainable Environment and Economy


 

Report No. 13.6           PLANNING - Draft Planning Proposal for an amendment to the Byron LEP 2014 to rezone land and permit Community Title at Lot 1 DP 1031848, The Coast Road, Broken Head (The Linnaeus Estate)

File No:                        I2014/100

 

15-029

Resolved:

1.       That Council decline to proceed with the attached planning proposal to amend Byron LEP 2014.

2.       That Council investigate the suitability of the site for Community Title subdivision during preparation of the Byron Urban and Rural Housing Strategy. 

3.       That Council defer any new zonings on the site until after release of the final E zone review report.

4.       That, at the next general update of Byron LEP 2014, Council agree to amend the SP1 zone on Lot 1 DP 1031848 to refer to a private education facility and amend Schedule 1 to define private education facility and specifically permit it as a use on the subject land.

(Ibrahim/Woods)

The motion was put to the vote and declared carried.

 

Councillors Ibrahim, Dey, Cubis, Woods, Richardson, Cameron, Wanchap, Spooner and Hunter voted in favour of the motion.

 

FORESHADOWED MOTION

 

15-030

Resolved that the General Manager provides a brief report to Councillors itemising the various strategic planning projects currently underway, with advice on prioritising and adequately resourcing the review of the Byron Rural Settlement Strategy.
                                (Ibrahim/Woods)

The motion was put to the vote and declared carried.

 

Councillors Ibrahim, Dey, Cubis, Woods, Richardson, Cameron, Wanchap, Spooner and Hunter voted in favour of the motion.

 

The meeting was adjourned at 2.14pm to move into the Reserve Trust Committee Meeting and reconvened at 2.15pm.  Resolution No. 15-031 was used during the Reserve Trust Committee Meeting.

 


 

Procedural Motion

15-032

Resolved that Cr Woods be granted a one/two minute extension to his/her speech.

(Woods/Richardson)

The motion was put to the vote and declared carried.

 

 

FORESHADOWED MOTION

 

Moved:  That Council write to the Minister and DoPE asking them once again to:

 

i.        urgently resolve the matter of E-zones which the State deferred from   our LEP2014, or

ii.       to return planning powers to Council, so that we can resolve this and    other           outstanding matters locally.

(Dey / Richardson)

The motion was put to the vote and declared lost.

 

Councillors Dey, Richardson, Spooner and Cameron voted for the motion.

Councillors Ibrahim, Cubis, Woods, Wanchap and Hunter voted against the motion

 

 

 


 

Report No. 13.8           South Coast Regional Sea Level Rise Policy and Planning Framework

File No:                        I2015/8

 

15-033

Resolved that in response to the correspondence from Eurobodalla Shire Council (Attachment 1) and the brief review conducted of the South Coast Regional Sea Level Rise Policy and Planning Response Framework, Council write to the NSW Premier, the Hon Mike Baird MP, requesting three key actions from the State Government:

a)      Adopt a State wide guideline for sea level rise planning, including sea-level rise planning benchmarks, that is informed by the South Coast Regional Sea Level Rise Policy and Planning Response Framework.

 

b)      Monitor future Intergovernmental Panel on Climate Change reports to inform updates to planning advice issued to local councils.

 

c)      Take over responsibility for preparing all Coastal Hazard Studies in NSW to ensure consistency of methods applied to examine coastal hazards.

(Ibrahim/Woods)


 

AMENDMENT

 

Moved:  That in response to the correspondence from Eurobodalla Shire Council (Attachment 1) and the brief review conducted of the South Coast Regional Sea Level Rise Policy and Planning Response Framework, Council write to the NSW Premier, the Hon Mike Baird MP, requesting two key actions from the State Government:

 

a)  Adopt a State wide guideline for sea level rise planning, including sea-level rise planning benchmarks, that is informed by the South Coast Regional Sea Level Rise Policy and Planning Response Framework.

 

b)  Monitor future Intergovernmental Panel on Climate Change reports to inform updates to planning advice issued to local councils.

(Dey/Cameron)

 

 

 

Procedural Motion

15-034

Resolved that Cr Ibrahim be granted a two minute extension to his speech. (Ibrahim/Richardson)

The motion was put to the vote and declared carried.

 

The amendment was put to the vote and declared lost.

 

Crs Dey and Cameron voted in favour of the amendment

Crs Ibrahim, Cubis, Woods, Richardson, Wanchap, Spooner and Hunter voted against the amendment.

 

The motion was put to the vote and declared carried.

Crs Dey, Cameron, Ibrahim, Cubis, Woods, Richardson, Wanchap, Spooner and Hunter voted in favour of the motion

 

 

Staff Report - Infrastructure Services


 

Report No. 13.9           South Byron Sewage Treatment Plant Decommissioning

File No:                        I2014/88

 

15-035

Resolved:

1.       That Council proceed with the demolition and remediation of the South Byron Sewage Treatment Plant ‘works infrastructure’ only; and

 

2.       That Council engage a tourism development consultant, within a cost limit of $5500, to develop additional mixed tourism, eco-tourism and residential end use scenarios and undertake a financial analysis and viability assessment to supplement the existing South Byron Sewage Treatment Plant Master Plan (GHD 2010, E2014/78546).

(Hunter/Cubis)

The motion was put to the vote and declared carried.

 

 

 

There being no further business the meeting concluded at 3.00pm.

 

 

 

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary Meeting on 26 February 2015.

 

 

 

 

….…………………………

Mayor Simon Richardson