Agenda of Ordinary Meeting - 26 February 2015

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.1

Staff Reports - General Manager

Report No. 13.1 Results of Park and Ride, SEPA and Butler Street Reserve 2014/15

Directorate: General Manager

Report Author: Claire McGarry, Events and Grants Officer

Simon Bennett, Traffic and Transport Engineer

File No: I2015/30

Theme: Economy

Economic Development

Summary:

This report reviews Council’s second year to operate Park and Ride, Special Event Parking Area (SEPA) and the use of Butler Street Reserve as a car park, all of which occurred over the seven (7) days from 29 December 2014 to 4 January 2015 inclusive. A related matter, the Safe Summer in the Bay NYE 2014 Plan will be detailed in a separate report to Council.

In summary, the Park and Ride program was successful in its second year and saw a significant increase in the number of locals using the service; a reduction in project costs; and a higher user satisfaction rating than in its first pilot year. Also as this report highlights, those who chose to Park and Ride, rather than contribute to traffic congestion on Ewingsdale Rd, found the experience overwhelmingly positive.

As for SEPA, costs were down and revenue up, with very little local dissatisfaction reported or received other than in relation to understanding, administration and obtainment of the SEPA permit. While Butler Street Reserve car park had steady numbers and use, and was welcome by and beneficial to those who used it, especially local workers, it is believed better utilisation can occur.

The combination of Park and Ride, SEPA and the Safe Summer in the Bay NYE Plan resulted in an easing of pressure on the local community during the busy holiday period with the bus service providing a real and valued alternative to driving into town.

RECOMMENDATION:

1. That Council note the report and recommendations regarding the results and analysis of Park and Ride 2014/15.

2. Given the expectation that both our volunteer base and partnership income will increase over the next 2 years of the trial, Council approve upfront expenditure in 2015/16 for signage that can be used for the remaining two years of the Park and Ride program eg $50K budget 2015/16, $30K budget 2016/17

Report

In June 2014, Council resolved:

14-293 Resolved that Council:

1. Allocates $120,000 over three years to the park and ride project.

2. After each year, receives a report illustrating measurable outcomes and data concerning usage (both local and visitor), traffic and town parking effects, tourism benefits, sponsorship and investment levels, effects on local businesses, levels of satisfaction of users and any other measure considered beneficial and possible.

3. As part of this report, forward projections and KPIs are also included for the following year.

4. Prepares a project plan as soon as possible with projections for each year and that this plan be separate from SEPA provisions.

5. Invite Councillors to join a working party to help develop the project plan.

Following this approval, Council also resolved as follows in October 2014:

14-514 Resolved:

1. That the Local Traffic Committee supports Council's temporary traffic management initiatives for Byron Bay for the seven (7) days from Monday, 29 December 2014 to Sunday, 4 January 2015 inclusive, and approves for the same period the:

a) conversion of the parking lane on the north side of Shirley Street, Byron Bay between Kendall Street and Wordsworth Street into a bus lane

b) declaration of a 2P Special Event Parking Area (SEPA) which applies to all road-related areas east of the Belongil Bridge on Ewingsdale Road and north of Seaview Street, Byron Bay as per the Schedule of Streets at Table 5.1.1

c) extension of existing signed time limits through to 12midnight

In addition to the above was Resolution 14-561 relating to funding of SEPA, Butler Street Reserve and who was eligible for an exemption to SEPA, all of which are discussed further below in this report.

However as can be seen from the above resolutions the Park and Ride, Bus Lane and Special Event Parking Area (SEPA) for Byron Bay were inextricably linked and accordingly Council, for the second year running, ran them as concurrent programs over the Christmas / New Year period:

1. The Special Event Parking Area (SEPA) restricted parking to two hours in many streets in the town centre, i.e introduced a time limit in areas where typically no limit exists.

2. Park and Ride was offered as an alternative transport, and is a valued option for those wanting to stay in town longer and/or avoiding parking restrictions

3. The use of Butler Street Reserve as a car park, which helped offset the restrictions of SEPA especially for local workers

This report details the outcomes of each of the three initiatives separately.

Park and Ride Logistics

This year, the Park and Ride program was reduced from twelve days down to seven based on the usage data from the previous year. Operating hours were also reduced from 12 hours per day to 10 hours. These reductions aimed to:

· Capitalise on the busiest usage periods from last year

· Ensure the Park and Ride option was made available on the day of the Byron Sunday Market

· Allow for clear marketing regarding the duration of the program – one week

· Ensure the best value for money by operating during the busiest periods

These reductions were successful and the usage trends mirrored those of the previous year – the busiest time was in the few days leading up to and including New Year’s Eve, with numbers reducing fairly significantly after that. With this trend now confirmed for a second year, the operating days could be reconsidered for next year.

In terms of timetabling, two buses ran per hour, with the longest recorded wait for a bus at either end 11 minutes – no doubt contributing to the high customer satisfaction with the service. Blanch’s buslines diverted their regular public transport routes via the BRSCC for the first three days, although they decided against this for the final four days as the take-up of their buses was very low and the diversion caused some delays in their regular bus timetable.

This year saw the introduction of the “Byron Summer Pass” – a business-card sized pass that each Park and Rider received that acted as their ‘bus pass’ but also gave them access to 7 days, 7 deals (special deals and discounts at businesses in the town centre). This Byron Summer Pass was used as the data collection mechanism for the project – each person filled in a form to receive their pass and each pass had a unique number so that repeat users could be tracked throughout the week. This collection enabled us to track much more closely actual usage numbers, repeat users, points of origin and key demographics. It also gave local businesses the opportunity to show their support for the Park and Ride program, with the 7 days, 7 deals sponsors being locked in within the first few days of ‘going to market’. This strong business support highlights the potential to increase revenue raised from this Summer Pass in future years.

Park and Ride Usage and Satisfaction

The usage numbers this year were comparative to those of last year, with high usage up to and including New Year’s Eve and then a significant reduction after the 1^st of January. This reflects the feedback given by the bus drivers that on the quieter Park and Ride days, Ewingsdale Rd and the town centre were also very quiet, with some days having a clear ‘run’ in to town along Ewingsdale Road, no congestion in town and plenty of parking available. This year reinforced that when traffic is banked up Ewingsdale Road beyond Belongil Bridge, the number of people choosing to Park and Ride increases markedly.

There was a significant rise in local users this year, with 35.5% of Park and Riders being from Byron and immediate surrounds – 20% higher than last year. This highlights the potential for the growth of Park and Ride as an increasing number of locals become used to the idea of parking and riding and choose to avoid contributing to the traffic congestion in town during busy periods. A number of travelers staying at backpackers accommodation in town chose to park at the BRSCC for a number of days, paying for 4 days parking up front, and catching the shuttle in to town for their accommodation. There were also quite a number (4.5%) of ‘drop offs’ – parents dropping off teenagers who were heading in to town for the day.

Additionally, this year saw 301 families using the service, or 35% of total users. Finally, there were a significant number of repeat users with 37% choosing to ride the bus a second, third or even fourth time during the week. This, combined with 97% of users indicating that they were “very happy with the experience and would use the service again” highlights the growth potential of the program once people experience it. In addition to this satisfaction rating, all anecdotal feedback was extremely positive with many users thanking Council and the bus drivers for such a great service, commenting on the ease of use and indicating how grateful they were not to have to drive in to the town centre.

Average daily traffic numbers – 20 Dec to 6 Jan 2013/14 and 2014/15

Year	Rail Crossing		Ewingsdale Rd
Year	Inbound	Outbound	(west of Kendall St, both directions)
2014/15	12,675	10,633	20,838
2013/14	10,869	As above	19,419

Park and Ride Staffing

This year, a more streamlined approach was taken to the internal Byron Shire Council staffing of Park and Ride. A core project team of six staff (from Economic Development, Community Development, Infrastructure Services and Organisational Development) met for one hour each fortnight to discuss delivery of Park and Ride and New Year’s Eve projects. An Infrastructure Services team also met monthly with the Community Development project officer to specifically discuss infrastructure needs for Park and Ride and New Year’s Eve. Comparatively, last year weekly meetings were held for two to three hours with the Mayor, General Manager, Directors and an additional 7 – 10 staff. The streamlined process of staffing in the lead up to this year’s Park and Ride resulted in far more efficient project management and a significant decrease in staff hours required.

In terms of on-ground staffing, the initial approach for this year was to staff Park and Ride with volunteers, with one Council staff member on-ground per shift. While a volunteer recruitment drive (Byron Greeters) was successful in recruiting 30 – 40 volunteers for projects throughout the year, unfortunately the time of year that Park and Ride is held meant that only 5 were available during the project period. An alternative approach was needed, so casual JHA staff were hired to staff the project, with a Council staff member on ground each shift and volunteers filling shifts where possible. A total of 40.5 volunteer hours were contributed to the project. The JHA staff were incredibly professional and efficient. Towards the end of the week some staff shifts were cancelled, and for future years the staffing numbers required on-ground could be significantly reduced. The project manual has been updated to reflect a more efficient staffing model for future years.

Promotion

Based on recommendations from last year, the communications plan for Park and Ride this year was initiated in October in order to give appropriate promotional time for the project. The aim of the campaign was to:

· Inform potential users of the summer service and how to use.

· Encourage usage of the Park and Ride service for locals and day trippers.

· Keep internal and external stakeholders informed of the summer service and how to use.

· Reduce traffic impacts on Ewingsdale Road.

Promotional avenues included:

· Internal and external stakeholder briefings

· Media releases

· E-news mailouts

· Social media

· Byron Shire Council website

· Stalls at Farmers’ Markets

· Print advertising

· Radio advertising

· Public Notice advertising

· Signage

· Letters to residents (within Byron Town Centre)

Data gathered during the service period indicated that similar to last year, the majority of users (44%) found out about Park and Ride by seeing signage on the road on the way in to town. However, the higher percentage of users this year who heard about Park and Ride prior to driving in to town indicates that the Communications Plan was effective in utilising a range of mediums to reach specifically identified target audiences.

Media	2013/14	2014/15
Signs on road	80%	44%
Word of mouth	16%	26%
Radio	-	16.5%
Newspaper	8%	10%

Additionally, a targeted social media campaign this year resulted in a 450% increase in ‘likes’ on the Byron Bay Park and Ride Facebook page. The ‘reach’ of the page was up to 3,000 unpaid and 9,400 with paid advertising. Those reached via Facebook were from Brisbane (40%), Byron Shire (16%) and Gold Coast (14%). Paid Facebook was aimed at growing the number of ‘Likes’ to allow future growth of the Park and Ride Facebook page to help spread awareness of the service when activated again. As a result, 926 new ‘likes’ were achieved and and the Park and Ride advert on 32,173 Facebook Pages.

In future years, it would be valuable to reduce on-ground staff numbers and invest in more simple, clear, strategic signage. A flexible budget approach for the signage expenditure will achieve economies of scale over the remaining 2 years.

Key Park and Ride Budget Indicators

Key Indicator	2013/14	2014/15	Trend
Total project cost	$113,960	$37,651	67% reduction in project costs
Bus cost	$46,906 · 12 days	$18,200 · 7 days	62% reduction in bus costs
Staffing costs	$40,469 · Excluding BSC staff	$8,309 · Including BSC staff	80% reduction in staffing costs
Project cost per trip	$18.36 per trip	$14.75 per trip	20% reduction in cost per trip

Key Park and Ride Usage Indicators

Key Indicator	2013/14	2014/15	Trend
Passenger trips	6,057 · 12x12 hour days including Suffolk shuttle,Lighthouse Shuttle and joyriders	2,790 · 7x 10 hour days without shuttles or NYE joyriders	Average per day usage down 10%
Local users	15%	35.5%	20% increase in local users
Number of repeat users	Unknown	516	-
Number of families	Unknown	301	-
Parking at BRSCC	685 · 12 days – average of 57 per day	400 · 7 days – average of 57 per day	Daily average has remained steady
Customer satisfaction rating	85% rated the experience as 8/10 or higher	97% were ‘very happy’ with the experience and indicated they would use it again	12% increase in customer satisfaction

Forward Projections and KPIs

The combination of two years of data allows us to look at trends and make projections for the remaining two years of the Park and Ride trial. With lessons learnt from 2013/14 and 2015/16 the project can be run more efficiently for future years, with an increase in local usage and revenue derived from the project.

This year, Transport NSW were particularly interested in the Park and Ride project as it’s the first of it’s kind in New South Wales. The NSW Regional Transport Action Plan includes the following priority:

“Providing park and ride facilities, or links from motorways to train stations and bus interchanges, will allow people in regional areas to link car trips to public transport services as part of their journey. Maintaining good connectivity and accessibility will require innovative solutions.”

Transport NSW are impressed with the program and are interested in becoming partners in future years.

A project such as Park and Ride is typically impacted by, and dependent on, cause and affect. It is fair to assume that there would be an increase in Park and Ride usage if / when other factors are at play, such as:

· Paid parking implemented in Byron town centre

· SEPA applying at other times of year

· The rail line from North Byron Beach Resort becoming active

· New developments on Ewingsdale Rd contributing to further traffic congestion

· An extended bus lane being introduced.

If any / all of these factors came in to play, it would be fair to say that Council would see additional partners support the program, an increase in local usage and an increase in usage from South-East Queensland visitors.

In addition to external factors, to reach the above targets would require an increased marketing budget, the source of which has been identified earlier in this report.

Project Plan for 2015/16

Item	Timeframe
Update Park and Ride Manual to reflect suggested changes for 2015/16	Completed
Safe Summer in the Bay Committee appointed	March 2015
Safe Summer in the Bay Committee meetings	Monthly from April 2015
Internal staff project group established	June 2015
Internal project group meetings	Monthly June – November 2015, weekly December 2015
Sponsors and Partners approached	July 2015
Venues, buses and signage booked	October 2015
Complete TCP and relevant signage	October 2015
Implementation of Communications Plan	From October 2015
Staffing roster confirmed	November 2015

Special Event Parking Area

On 30 October 2014 Council resolved as follows.

14-561 Resolved:

1. That Council provide $14,000 from Paid Parking Reserve to fund the 2014/15 implementation of both the:

a) Special Event Parking Area (SEPA)

b) Use of Butler Street Reserve as a temporary free car park for a period of six (6) days, subject to a resolution from the Reserve Trust Committee confirming its support for Council to apply and enter into a short term 34A licence with Crown Lands including:

i) Authorise the completion and lodgement of the Application for Short Term Licence over Crown Land with NSW Trade and Investment Crown Lands Division for the use of part Butler Street Reserve as car park; and

ii) Authorise the General Manager to execute and affix the Seal to the Licence Agreement with Crown Lands (if required) for part Butler Street Reserve in accordance with Local Government (General) Regulations 2005.

2. That these funds be reimbursed from the revenue that is raised from parking infringements issued during the time both are operational.

3. That the following SEPA exemptions apply:

i) to residents (and their guests), workers and accommodation providers within the SEPA only

ii) to the distribution of the exemption permit is limited to collection from Council either at Mullumbimby office or BRSSC

iii) and that collection of the permit be by or before 24 December 2014 and from 27 December to 4 January 2015, inclusive, from either of the two park and ride sites at BRSCC or the surf club

As a result of Res 14-514, the 2P Special Event Parking Area (SEPA) restrictions applied over the same seven (7) day period of park and ride (29 December 2014 to 4 January 2015). During this time a total of 267 infringements were issued in respect of the offence of “Park in special event parking area”.

As per Table 1 below, SEPA penalty infringement notices (PIN) issued provided a total face value of $64,614, which is an average of $9,230.57 per day and 38 infringement notices issued per day. In comparison, the previous year (2013/14) SEPA resulted in $43,188 over twelve (12) days with 183 infringements issued, which equates to an average of $3,599 per day and 15 infringement notices issued per day.

Also improving on last year is the costs of implementing SEPA, with the main cost of the totals shown in Table 1 relate to signage and pole installation and do not include enforcement which is a cost incurred regardless if SEPA operates or not.

As per council resolution 14-561 (Part 2) the cost of SEPA, budgeted at $14,000 but eventually cost $17,000 mainly due to poles being installed as permanent (not temporary) fixtures for future use, will be recouped from this infringement revenue.

Table 1: breakdown of SEPA offences (sites and per day ) and comparison of two years

Site	No.	2014/15
Lawson Street	86	Date	No.
Butler Street	37	29-Dec	76
Somerset Street	34	30-Dec	76
Childe Street	17	31-Dec	41
Gilmore Cres	13	1-Jan	10
Manfred Street	12	2-Jan	50
Border Street	10	3-Jan	0
Shirley Street	10	4-Jan	14
Lee Lane	6
Brownell Street	6	Comparison	2014/15	2013/14
Tennyson Street	5	Total Rev - $	64,614.00	43,188.00
Johnson Street	3	Total days	7.00	12.00
Cowper Street	2	Avg $/day	9,230.57	3,599.00
Middleton Street	2	Total PIN	267.00	183.00
Other	24	Avg PIN/day	38.14	15.25
TOTAL 2014/15	267	Total cost - $	16,934.00	21,240.90

While SEPA can be viewed and may cause some inconvenience, it greatly benefits the local residents, especially those in streets which would be otherwise untimed and an attraction to overnight staying/camping. SEPA also provides a clear and enforceable regulation which Rangers find beneficial. Add these benefits to the fact the poles remain for future use, SEPA is able to be run again at less cost, assuming the SEPA boundary does not alter, and on which there is no perceived benefit to do so.

However the one drawback on SEPA is the confusion on eligibility, obtainment and administration of (and for) the SEPA permits the sole purpose of which is to offset the 2P SEPA time limit only and as resolved meant for residents (and their guests), workers and accommodation providers within the SEPA only.

Given this stipulation only 6,000 permits were initially printed; considered ample for the about 1,000 properties within SEPA. Prior to Christmas stock had run low and another 4,000 were printed. At the end of the SEPA only handfuls of permits remained, suggesting permits were given away thereby eroding the purpose of SEPA.

It is therefore intended that when SEPA is again considered and reported to Council it will be recommended permits not be issued and instead encourage greater use of Butler Street Reserve.

Butler Street Reserve as a car park

As with the previous year, anecdotal reports suggest the site was under utilised despite it offering a few hundred car spaces. This is likely due to a number of reasons including an over supply of SEPA permits, little knowledge of its existence, and perhaps being viewed as an undesirable location to park and walk from. These matters will need to be addressed as Council look to trial the Reserve as an ongoing car park over the coming 1-2 years.

Financial Implications

The resolved budget for Park and Ride was $120,000 over three years, therefore $40,000 for 2014/15. An additional $14,000 was budgeted for SEPA.

Park and Ride Financials

Income
Byron Summer Pass partners	$1,950
Parking revenue	$1,692
Total Income	$3,642
Expenditure
Bus hire and driver costs	$18,220
Park and Ride Staffing (Casuals)	$5,539
Park and Ride Staffing (BSC)	$3,068
Park and Ride Promotions and Marketing	$5,054
Park and Ride Signage	$4,017
Venue Hire	$1,337
Security and cash collection	$500
Total Expenditure	$37,735

SEPA Financials

Income
Parking infringement revenue	$64,614
Total Income	$64,614
Expenditure
Signage, staffing and promotion	$16,934
Total Expenditure	$16,934

Statutory and Policy Compliance Implications

The bus lane operated well and was again positively received by patrons of the park and ride and local bus operators alike. The bus lane was also of benefit to accommodation service providers and their vans and was able to be used by motorcyclists and taxi services. Compliance with the bus lane was high and no reported issue or complaint is known of at this time.

The park and ride bus drivers have suggested the bus lane be extended further west by providing temporary traffic lights/control at the Belongil Bridge to provide a priority to the park and ride service. This suggestion would require careful assessment and implementation if supported.

Meeting Date	Resolution No.	Report Title	Staff Comments and Recommendation
17/12/09	09-1125	Tourism and Risk Management	Part 1 of this resolution is not a priority, there is no budget allocation and the action is already included in the Tourism Management Plan for implementation at a future date. Part 2 has been completed with an Emergency Assistance Leaflet produced in 2013. Staff Recommendation: Close resolution 09-1125
09/02/12	12-25	Review of Rates for Bed and Breakfast Establishments	The resolution for this item required that Council receive a report on the potential and options on the reductions of commercial ratings and or the recategorisation to residential rating for Bed and Breakfast establishments. This resolution cannot be acted upon given the constraints of Section 514 to 518 and 529 of the Local Government Act 1993. Land for rating purposes must be categorised on its dominant use. For Bed and Breakfast properties, this means it is not possible to categorise all properties as business (commercial) or residential as each property has to be assessed individually. It is possible for Council to have a rating sub-category that can cater for particular circumstances but this requires all properties to be located in one geographical area such as an industrial estate for example by virtue of Section 529 of the Local Government Act 1993. Section 525 of the Local Government Act 1993 provides for a property owner to have their rating category reviewed at any time upon application to Council. However, the constraints of the current legislation does not provide a mechanism for Council to apply a blanket rating category or sub category rule specific to Bed and Breakfast establishments. Staff Recommendation: Close resolution 12-25
09/02/12	12-29	Review of charges for Community Markets and Holiday Park Cabins	The resolution for this item required that Council receive a report on the future operation and charges for holiday parks. Council has recently completed a tender and then entered into a contract negotiation for the management of its two holiday parks. The outcome of that process resulted in Council operating both holiday parks under a single management contract and manager for both holiday parks. Since this resolution, Council has endorsed the fees and charges for holiday parks including cabins on three subsequent separate occasions relating to the Revenue Policies for the 2012/2013, 2013/2014 and 2014/2015 financial years. Council again will have the opportunity to reviews fees and charges for Holiday Parks as part of the 2015/2016 Operational plan process that will be finalised by June 2015. It is considered by staff this resolution is no longer relevant as it has been superseded. Staff Recommendation: Close resolution 12-29
12/04/12	12-265	Tender General Maintenance, Plumbing and Electrical Services	The resolution for this item included a requirement that Council receive a report at quarterly review of details of all payments made under contracts for contracted general maintenance, plumbing and electrical services. Quarterly reporting of this matter has not been provided to Council since the resolution was made for the following reasons: 1. Council has not required or made a further request for this reporting of any other tender process. 2. The potential to disclose commercial and private information of the tenderer by identifying payments made to them. 3. The Office of Local Government in 2001 issued circular 01/14 to Councils to stop listing cheque warrants or listings of payments to suppliers in Council business papers. This was further reinforced in the release of the Meeting Practice Note by the Office of Local Government in August 2009 where at Section 1.4.3 it again reaffirmed the position not to disclose payments in Council business papers. For the above reasons, staff have not been able to act on the resolution and therefore suggest it is no longer relevant as it is suggesting reporting not endorsed by the Office of Local Government. Staff Recommendation: Close resolution 12-265
28/06/12	12-511	Various matters and householder recognition program	This resolution had four parts to it of which three have been completed. The outstanding part is in relation to a householder recognition program that was to provide small plaques to the participants of the Sustainability Streets Program. Given that the Sustainability Streets Program is no longer funded (it was grant funded) this action is no longer relevant. Staff Recommendation: Close resolution 12-511
28/06/12	12-525	Suffolk Park Caravan Park Plan of Management Exhibition	The context of this resolution is being worked on by staff to the extent that a park survey has been completed, discussions have been held with Crown Lands regarding the encroachment on the beach side of the Park with a view to obtain a licence agreement. Additionally a planning proposal has been finalised to reclassify the sites occupied by the long term residents to operational land with the aim to allow the long term residents to have certainty over their sites whilst retaining the remainder of the Park as Community Land. The goal is to conclude the land classification process to provide new leases to long term residents and to address compliance matters at the Park once surety for the long term residents is established. In view of this the points raised in resolution 12-525 are being addressed and are also superseded by resolution 14-51 where Council determined to proceed to reclassify part but not all of the land at Suffolk Beachfront Holiday Park to Operational from Community. Staff Recommendation: Close resolution 12-525
27/09/12	12-779	Investments – August 2012	The resolution for this item included that Council review its Investment Policy #12/009 with a view to include ethical investments. Investments by Councils in NSW are regulated by the Ministerial Investment Order issued by the NSW Minister for Local Government. As a consequence of the Global Financial Crisis (GFC) and the impacts that had on Councils, the NSW State Government reviewed the Ministerial Order in 2011 which is still current. The latest Ministerial Investment Order restricts Council to investing with Authorised Deposit Taking Institutions (ADI). As a consequence investment products that were considered with an ethical base that were in the investment market and available to Councils prior to the GFC are no longer offered to Councils as there is no market. Additionally, in the overall investment market, Council is such a small investor that it has no power to direct a financial institution where to direct funds it lends to organisations via the funds Council has invested with it. It is on this basis the resolution is not relevant as it is something Council cannot currently control or pursue. Staff Recommendation: Close resolution 12-779

Meeting Date

Resolution No.

Report Title

Staff Comments and Recommendation

17/12/09

09-1125

Tourism and Risk Management

Part 1 of this resolution is not a priority, there is no budget allocation and the action is already included in the Tourism Management Plan for implementation at a future date. Part 2 has been completed with an Emergency Assistance Leaflet produced in 2013.

Staff Recommendation:
Close resolution 09-1125

09/02/12

12-25

Review of Rates for Bed and Breakfast Establishments

The resolution for this item required that Council receive a report on the potential and options on the reductions of commercial ratings and or the recategorisation to residential rating for Bed and Breakfast establishments. This resolution cannot be acted upon given the constraints of Section 514 to 518 and 529 of the Local Government Act 1993.

Land for rating purposes must be categorised on its dominant use. For Bed and Breakfast properties, this means it is not possible to categorise all properties as business (commercial) or residential as each property has to be assessed individually. It is possible for Council to have a rating sub-category that can cater for particular circumstances but this requires all properties to be located in one geographical area such as an industrial estate for example by virtue of Section 529 of the Local Government Act 1993.

Section 525 of the Local Government Act 1993 provides for a property owner to have their rating category reviewed at any time upon application to Council. However, the constraints of the current legislation does not provide a mechanism for Council to apply a blanket rating category or sub category rule specific to Bed and Breakfast establishments.

Staff Recommendation:
Close resolution 12-25

09/02/12

12-29

Review of charges for Community Markets and Holiday Park Cabins

The resolution for this item required that Council receive a report on the future operation and charges for holiday parks. Council has recently completed a tender and then entered into a contract negotiation for the management of its two holiday parks.

The outcome of that process resulted in Council operating both holiday parks under a single management contract and manager for both holiday parks. Since this resolution, Council has endorsed the fees and charges for holiday parks including cabins on three subsequent separate occasions relating to the Revenue Policies for the 2012/2013, 2013/2014 and 2014/2015 financial years.

Council again will have the opportunity to reviews fees and charges for Holiday Parks as part of the 2015/2016 Operational plan process that will be finalised by June 2015. It is considered by staff this resolution is no longer relevant as it has been superseded.

Staff Recommendation:
Close resolution 12-29

12/04/12

12-265

Tender General Maintenance, Plumbing and Electrical Services

The resolution for this item included a requirement that Council receive a report at quarterly review of details of all payments made under contracts for contracted general maintenance, plumbing and electrical services. Quarterly reporting of this matter has not been provided to Council since the resolution was made for the following reasons:

1. Council has not required or made a further request for this reporting of any other tender process.

2. The potential to disclose commercial and private information of the tenderer by identifying payments made to them.

3. The Office of Local Government in 2001 issued circular 01/14 to Councils to stop listing cheque warrants or listings of payments to suppliers in Council business papers. This was further reinforced in the release of the Meeting Practice Note by the Office of Local Government in August 2009 where at Section 1.4.3 it again reaffirmed the position not to disclose payments in Council business papers.

For the above reasons, staff have not been able to act on the resolution and therefore suggest it is no longer relevant as it is suggesting reporting not endorsed by the Office of Local Government.

Staff Recommendation:
Close resolution 12-265

28/06/12

12-511

Various matters and householder recognition program

This resolution had four parts to it of which three have been completed. The outstanding part is in relation to a householder recognition program that was to provide small plaques to the participants of the Sustainability Streets Program. Given that the Sustainability Streets Program is no longer funded (it was grant funded) this action is no longer relevant.

Staff Recommendation:
Close resolution 12-511

28/06/12

12-525

Suffolk Park Caravan Park Plan of Management Exhibition

The context of this resolution is being worked on by staff to the extent that a park survey has been completed, discussions have been held with Crown Lands regarding the encroachment on the beach side of the Park with a view to obtain a licence agreement.

Additionally a planning proposal has been finalised to reclassify the sites occupied by the long term residents to operational land with the aim to allow the long term residents to have certainty over their sites whilst retaining the remainder of the Park as Community Land. The goal is to conclude the land classification process to provide new leases to long term residents and to address compliance matters at the Park once surety for the long term residents is established.

In view of this the points raised in resolution 12-525 are being addressed and are also superseded by resolution 14-51 where Council determined to proceed to reclassify part but not all of the land at Suffolk Beachfront Holiday Park to Operational from Community.

Staff Recommendation:
Close resolution 12-525

27/09/12

12-779

Investments – August 2012

The resolution for this item included that Council review its Investment Policy #12/009 with a view to include ethical investments. Investments by Councils in NSW are regulated by the Ministerial Investment Order issued by the NSW Minister for Local Government.

As a consequence of the Global Financial Crisis (GFC) and the impacts that had on Councils, the NSW State Government reviewed the Ministerial Order in 2011 which is still current. The latest Ministerial Investment Order restricts Council to investing with Authorised Deposit Taking Institutions (ADI).

As a consequence investment products that were considered with an ethical base that were in the investment market and available to Councils prior to the GFC are no longer offered to Councils as there is no market. Additionally, in the overall investment market, Council is such a small investor that it has no power to direct a financial institution where to direct funds it lends to organisations via the funds Council has invested with it.

It is on this basis the resolution is not relevant as it is something Council cannot currently control or pursue.

Staff Recommendation:
Close resolution 12-779

Meeting Date	Resolution No.	Report Title	Staff Comments and Recommendation
10/03/11	11-219	2010 New Year’s Eve	This resolution required investigation of cost effective and safe alternative methods to supply water and electricity to stall holders and buskers across Apex Park. Apex Park will be receiving considerable attention during the Master Plan process, the amount of water and power outlets are considered adequate in the interim. The resolution also requested the conducting of a thorough risk assessment around potential areas for injury or harm including use of electricity, rock retaining wall, beach activities, fire provisions, safety of temporary structures. Such an assessment is unfunded. Staff Recommendation: Close resolution 11-219
30/06/11	11-548	Valuing the natural environment and natural capital accounting	This resolution required that other council and governments who have completed, or are undertaking, an analysis that assigns an economic value to the environment be investigated. It required applying for grants or seeking partnerships to undertake an environmental economic assessment. It also required that a carbon offset program be investigated for residents and visitors and that Council receive a report on the Australian Governments Carbon Farming initiative. This resolution is unfunded and not resourced. If Council wanted to pursue this it could be included as an action during the review of the Biodiversity Conservation Strategy. Staff Recommendation: Close resolution 11-548
26/04/12	12-324	Unconfirmed Report Main Beach PRG meeting 16 March 2012	This resolution asks that staff prepare a works program for the Main Beach Crown Reserve Trust Committee. The works program is to include a costed implementation plan and a schedule of items which will address and include efficiency, the reduction of required maintenance, risk analysis and priorities. Numerous upgrades have occurred in the park since 2012, including new lighting and public toilets. Staff believe that we should wait until seeing the Master Plan before planning works that may be contrary to its vision. Staff Recommendation: Close resolution 12-324
22/05/14	14-230	Koala and wildlife sanctuary	This resolution requested a report on the creation of a Byron Shire koala and wildlife sanctuary. At the time of the resolution the state government was calling on expressions of interest for suitable partners to create large conservation areas. On investigation Council did not meet the criteria to be a partner. This resolution is unfunded and not resourced. If Council wanted to pursue this it could be included as an action during the review of the Biodiversity Conservation Strategy. Staff Recommendation: Close resolution 14-230

Meeting Date

Resolution No.

Report Title

Staff Comments and Recommendation

10/03/11

11-219

2010 New Year’s Eve

This resolution required investigation of cost effective and safe alternative methods to supply water and electricity to stall holders and buskers across Apex Park.

Apex Park will be receiving considerable attention during the Master Plan process, the amount of water and power outlets are considered adequate in the interim.

The resolution also requested the conducting of a thorough risk assessment around potential areas for injury or harm including use of electricity, rock retaining wall, beach activities, fire provisions, safety of temporary structures. Such an assessment is unfunded.

Staff Recommendation:
Close resolution 11-219

30/06/11

11-548

Valuing the natural environment and natural capital accounting

This resolution required that other council and governments who have completed, or are undertaking, an analysis that assigns an economic value to the environment be investigated. It required applying for grants or seeking partnerships to undertake an environmental economic assessment. It also required that a carbon offset program be investigated for residents and visitors and that Council receive a report on the Australian Governments Carbon Farming initiative.

This resolution is unfunded and not resourced. If Council wanted to pursue this it could be included as an action during the review of the Biodiversity Conservation Strategy.

Staff Recommendation:
Close resolution 11-548

26/04/12

12-324

Unconfirmed Report Main Beach PRG meeting 16 March 2012

This resolution asks that staff prepare a works program for the Main Beach Crown Reserve Trust Committee. The works program is to include a costed implementation plan and a schedule of items which will address and include efficiency, the reduction of required maintenance, risk analysis and priorities.

Numerous upgrades have occurred in the park since 2012, including new lighting and public toilets. Staff believe that we should wait until seeing the Master Plan before planning works that may be contrary to its vision.

Staff Recommendation:
Close resolution 12-324

22/05/14

14-230

Koala and wildlife sanctuary

This resolution requested a report on the creation of a Byron Shire koala and wildlife sanctuary. At the time of the resolution the state government was calling on expressions of interest for suitable partners to create large conservation areas. On investigation Council did not meet the criteria to be a partner. This resolution is unfunded and not resourced. If Council wanted to pursue this it could be included as an action during the review of the Biodiversity Conservation Strategy.

Staff Recommendation:
Close resolution 14-230

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.5

Report No. 13.5 New Years Eve 2014 outcomes and recommendations

Directorate: Corporate and Community Services

Report Author: Joanne McMurtry, Community Policy Officer

Marisa Snow, Projects and Tourism Officer

File No: I2015/15

Theme: Society and Culture

Community Services – Community Development

Summary:

This report provides an overview of The 2014 New Year’s Eve events in Byron Bay Town Centre and the associated outcomes and recommendations against the Plan for New Year in Byron Bay 2014 as adopted by Council (14-300).

RECOMMENDATION:

1. That Council note the overview of NYE 2014 Report and feedback from surveys and stakeholders presented in this report.

2. That Council note the continued commitment to the partnership with the Byron Bay Community Centre to manage the NYE events (as demonstrated by the five year DA submitted in 2014).

3. That Council note that the New Year’s Eve public holiday in 2015 will fall on a Friday, making a long-weekend at this crucial time of year.

4. That Council adopt a similar approach for New Year as for 2014 with the following key strategies, noting recommendations throughout this report to ‘tweak’ the strategies further:

1. A family friendly main street event, incorporating activities specifically for youth

2. An event for 18 – 40+ (outside the town centre)

3. A new year’s morning event

4. Policing support

5. Alcohol minimisation campaign

6. Team of volunteers, including strengthening partnerships with educational institutions to provide experience opportunities for students

7. Coordinated sponsorship/ fundraising program

8. Establish a Project Reference Group (PRG)

9. Council NYE Program Support

a. Provide a point of contact for event managers and other stakeholders

b. Communications and media

c. Traffic, compliance, waste and infrastructure services management

5. That Council in the preparation and development of the 2015/16 Budget and Long Term Financial Plan, consider the provision of a budget of $400,000 over the next four years (2015 – 2018 inclusive, until the completion of the current DA) to continue the proven strategies outlined in point 4 over the next four years.

6. That Council re-establish the Safe Summer in the Bay Project Reference Group with the same members:

a) including two additional members from the creative industries, being from the event organisers; and

b) that the Terms of Reference for the PRG be changed to reflect this update to the membership of the committee.

Attachments:

1 Plan for New Year's Eve 2014 , E2014/26557 (provided under separate cover)

2 Byron Community Centre 2014 Acquittal, E2015/6860 , page 54

3 New Year's Eve Survey, E2015/6940 , page 59

4 Minutes Safe Summer in the Bay PRG meeting 4 February 2015 (debrief meeting), E2015/7745 , page 68

Introduction

Byron Shire Council implemented the Plan for New Year in Byron Bay 2014 with successful outcomes across major areas. The overarching goal of presenting a safe, engaging and diverse family friendly event exceeded expectations. Soul Street was extremely successful with more than 5,000 people attending the event and minimal reported arrests, noticeable anti social behaviour or injuries during the course of the night.

Council adopted the Plan (14-300) which included the following ten key strategies, identified to support a vibrant, inclusive and family orientated Byron Bay New Year’s Eve 2014 event.

1 A family friendly main street event

2 A youth event

3 An event for 18 – 40+ (outside the town centre)

4 A new year’s morning event

5 Policing support

6 Alcohol minimisation campaign

7 Team of volunteers

8 Coordinated sponsorship/ fundraising program

9 Establish a Project Reference Group (PRG)

10 Council NYE Program Support

a. Provide a point of contact for event managers and other stakeholders

b. Communications and media

c. Traffic, compliance, waste and infrastructure services management

Each key strategy is outlined in further detail in the attached Plan for New Year in Byron Bay.

The Safe Summer in the Bay Project Reference Group played a leading role in the development and delivery of key elements of the plan and proved to be a driving force behind the plan’s success in 2014.

Council’s partnership with the Byron Community Centre (BCC) continued to strengthen in 2014 with Council increasing event support from the Economic Development team and significant investment across key operational areas such as infrastructure, traffic and waste management. The BCC delivered a strong family friendly program that engaged a multi-generational audience with 60% surveyed coming from the Byron Shire.

Council Resolutions

Council resolved (14-300) at the 12 June 2014 Ordinary Meeting:

1. That Council adopt the draft Plan for New Year’s Eve in Byron Bay 2014 (#E2014/26557).

2. That Council allocate the budget, as detailed in the financial implications section of this report, to undertake the key strategies from the draft Plan for New Year’s Eve

3. That Council call for Expressions of Interest for two types of submissions by 30 June 2014:

a) Submissions to operate and manage the key events such as Soul Street NYE, First Sun NYD, a Youth Event, and a Greeter Guardians program.

b) Submissions to have other events included in the ‘Safe Summer in the Bay’ program, which are operated and managed by third parties.

4. That Council adopt the draft Terms of Reference for the Safe Summer in the Bay Project Reference Group (#E2014/27091).

5. That Council nominate Crs Richardson and Woods (with Crs Ibrahim and Dey as alternates) to the Safe Summer in the Bay PRG as follows:.

6. That Council write to Police, Byron Bay Liquor Accord, VIA Byron/Byron United, Arts Northern Rivers and Bundjalung of Byron Bay Aboriginal Corporation (Arakwal), Byron Youth Service and the Byron Community Centre, inviting them to nominate a delegate to the Safe Summer in the Bay PRG.

7. That Council call for nominations from two community members to participate in the Safe Summer in the Bay Project Reference Group (PRG).

8. That the General Manager and the Mayor have delegated authority to select the community representatives following the closure of the community nomination period.

Report

Outcomes of Key Strategies

To evaluate the effectiveness of New Years Eve 2014 the following outcomes were measured against the New Year in Byron Bay 2014 Plan

1. A family friendly main street event

Outcome: Soul Street

Following an expression of interest process, the Byron Community Centre (BCC) delivered the family friendly Soul Street event again in 2014 (following a successful delivery of the 2013 event). Soul Streett was attended by approximately 5000 people with over 35 local multicultural acts / artists performing in many different genres including circus, art, music, dance and multicultural food stalls. The event showcased these components in a carefully curated program across three performance areas and over 60 food, craft and artisan stalls between 4pm-12.30am.

In the capacity of Event Manager’s the BCC managed the event production and programming elements, including but not limited to; the artistic programming for the event; site layout; event specific marketing collateral and event specific sponsorship. Council supported the event with seed funding of $25,000 and support across many areas and departments such as traffic management, lighting and infrastructure support, alcohol minimisation, and coordination of essential services and stakeholders such as the business community, police, Byron United, rangers and RMS.

The event was an overwhelming success with a notable shift in the public perception of Byron Bay’s NYE celebrations. 60% of people surveyed at Soul Street were locals with a further 50% of those coming specifically into town for the family friendly programming. There were no arrests in the Town Centre and police reported a definite shift in behavioural attitudes away from violence and unrest seen in previous years.

2. A new year’s morning event

Outcome: First Sun

The BCC employed 7 practitioners in the Health and Wellness sector to devise and present the First Sun Program. This event showcased the skills of local well-known and highly respected practitioners in their chosen field and was programmed to run from 5.15 -9.00am.

The proposed program highlights included:

-        Crystal bowls & visualisation for the New Year with Katie Connolly
-        Silent Meditation
-        Sunrise Sound Shower with Avishai
-        QiGong with Shirsha Marie
-        Yoga with Claire Evans
-        Tibetan Prayer Flag creation

Unfortunately due to wet weather the event had to be moved to the Community Centre, the weather obviously largely affected the predicted numbers for the event. First Sun NYD embraced what tourists and locals expect of Byron. Healthiness, spirituality and a new age vision of the world. In better weather conditions the BCC believe the attendance will grow considerably and attract not only the local community but those from out of town, creating positive impacts for local business.

3. A youth event

Outcome:

The Youth Event was amalgamated into the Soul Street event in. The youth engagement component of the Soul Street program targeted the 11-25 demographic by programming age appropriate acts (listed below) and proved to be an effective way to cater for this important part of the family demographic.

Youth activities included:

- Tommy Franklin holding on-mass dancing classes and conga lines

- Silent disco with 3 separate 3 DJs channels

- laneway activation to create ‘mock’ nightclub with spectral light dancers

- Art Classes

- Buskers playing Triple Js top 100 songs on every corner

- Street beatboxer/rapper sessions

- Pitts Family Circus

4. An event for 18 – 40+ (outside the town centre)

Outcome: Falls Festival Partnership

Falls Festival and Council continued to collaborate and strengthen their partnership in 2014. Falls Festival continued their support of the NYE events contributing $17,500 in sponsorship to Soul Street and volunteering on the Safe Summer in the Bay Committee. It is believed that Falls Festival did contribute to a positive overall result in providing an alternative destination for people to attend over the NYE period.

5. Policing support

A number of activities were undertaken to support police in their efforts over the New Year period:

· Lighting was improved in Denning Park (east of the surf club) with the installation of a additional ‘event’ light (similar to existing ones on the west side of the surf club)

· Byron Greeters provided volunteers with ‘eyes’ on the ground to assist in notifying police of any potential trouble spots

· Alcohol Free Zones and alcohol prohibition regulations were established to support police with alcohol confiscation.

· Several meetings were held with Police to formulate plans (in addition to police participating in the Safe Summer in the Bay PRG).

· A complete waste management plan was developed, including five alcohol confiscation bins to meet the police requirements (type of bins, locations and pick ups), including clear signage on the bins (refer image below)

· Bay St and the top of Middleton St were closed to parking on police request to reduce people having easy access to alcohol from their cars.

In addition, Police pledged to establish an ‘emergency services’ hub (including the police bus and ambulance) on Bay St adjacent to Denning Park east of the surf club. Police had well formulated plans for the period and shared those with the Safe Summer in the Bay PRG.

Outcome:

· No arrests were made on New Year’s Eve

· The police bus wasn’t available and ambulance did not attend. Police did park a Police vehicle in the ‘emergency services’ hub location but it was not present beyond 10pm on 31 December.

· Police provide feedback at the Safe Summer in the Bay debrief meeting which is copied in to the report below under ‘stakeholder feedback’.

6. Alcohol minimisation campaign

To assist with the calming messages around New Year, extensive effort was made to connect with key businesses and business groups in Byron Bay prior to the peak summer period to extend the ‘alcohol minimisation’ message as much as possible, using the resources developed in 2013 – which includes a hip hop video written and produced locally and posters. A draft ‘code of conduct’ was provided to businesses with suggestions about encouraging positive behaviour (using ‘Byron – Don’t Spoil Us, We’ll Spoil You’) and raising awareness about some of the community’s core values around behaviour and rules about alcohol (eg no drinking on the streets allowed).

Outcome:

The following is a list of achievements around the alcohol minimisation campaign:

· Met with Byron United, Byron Bay Liquor Accord, Backpackers Organisation of Australia (Byron Bay Chapter), Australian Resident Accommodation Manager’s Association (ARAMA – Byron Bay Chapter), SAE College and the two English Language Schools.

· In addition, information was distributed via the two visitor centres, other Shire Chambers of Commerce and the Holiday Let Organisation.

· Police (school liaison officer) incorporated the video and key alcohol minimisation messages into their school liaison sessions they regularly undertake with Years 9, 10, 11 and 12 at local schools. The Richmond Area Command area also agreed to do this (covering Lismore, Ballina etc). Police also agreed to deliver the messages as part of their involvement in Responsible Service of Alcohol training with Year 12’s.

· Reminders to share the video on facebook and other social media platforms were circulated close to New Year.

· Broadcasting the advertisements made from the video (30 seconds and 15 seconds) as Community Service Announcements was successfully negotiated with Prime 7 and NBN television and BayFM (radio).

· Paid advertising with Flush Media provided posters in 25 venues throughout Byron Bay, Ballina and Lismore. In addition, the full-length video and/or the 30 second community service announcement was shown before every film at The Pighouse Flicks throughout December and January.

· Additional signage was provided to support the regulatory ‘alcohol free zone’ signage throughout the Byron Bay CBD, including some Variable Message Boards. Messages included: ‘alcohol confiscated in CBD’ and ‘no fireworks’.

· Key messages around alcohol were included in the media/ PR campaign (refer below).

7. Team of volunteers

The volunteer policy was adopted in December 2014 and a large recruitment campaign was enacted. The recruitment drive included meetings with the following institutions: TAFE, TURSA, Lions, Rotary, Byron United, NORTEC, Volunteer Resource Centre and Envite. Presentations were made at Mullumbimby and Byron Bay High Schools and other high schools were sent information and followed up. In addition, a branded recruitment table was set up at several Byron Farmer’s Markets, the Mullumbimby and Bangalow Show’s and the Volunteer Expo held by the Byron Community Centre in September. Three ‘information night’s’ were held in partnership with the Byron Visitor Centre to talk with potential volunteers.

Outcome:

The volunteer database now consists of approximately 50 people with interest spread across a number of programs, with 30 specifically interested in the Byron Greeters Program. Unfortunately only 7 volunteers were available to work during the New Year period. This has been a lesson learned from the past two years now – volunteers are extremely difficult to recruit to work during this peak summer period. In addition to the Park and Ride Greeters working New Year’s Eve, two Greeters worked during the Soul St NYE event undertaking survey work, being ‘eyes on the ground’ and helping the general public with their enquiries and promotion of the ‘Don’t Spoil Us, We’ll Spoil You’ message.

An information/ induction night was held on the Thursday 18^th December at the BRSCC to train volunteers for Park and Ride and NYE and included presentations from council staff and Police. A volunteer thankyou function will be held on 10 February 2015.

8. Coordinated sponsorship/fundraising program

This strategy had two focus areas; i) raising funds to support the delivery of the Soul Street event and meet a shortfall of $20,000 within the event budget and ii) attracting sponsorship from local businesses and corporate stakeholders toward the overall cost of the NYE program (with a target of $50,000 set).

The Safe Summer in Bay Committee and the Byron Community Centre actively pursued local businesses and industry sector groups (eg; liquor accord, Chamber of Commerce) for financial support towards the NYE Soul Street event.

A grant application to Destination NSW for event assistance was developed to attract funds towards the First Sun event.

The Economic Development & Tourism team developed a broader partnerships program called ‘Making Things Happen’ with the aim to provide a platform for attracting financial and in-kind partnerships towards a range of Council initiatives to provide community outcomes. This is a longer term strategic program and is integrated across a range of initiatives including Park & Ride, laneway activation projects, youth employment creation, Byron Greeters and volunteer programs.

Outcome:

The Safe Summer in the Bay Committee and the Byron Community Centre attracted $12,074 from a range of local businesses and $5,000 from Byron Bay Liquor Accord. An additional $17,500 was also contributed by Falls Festival organisers towards the Soul Street Event.

Unfortunately the Destination NSW grant application was not successful for First Sun however future attempts will be undertaken.

A prospectus style document and presentation was developed for Making Things Happen and a number of corporate stakeholders have shown interest in partnering with Council and the Community. Local businesses and corporate organisations were approached including; Bunning’s, RACQ/NRMA and Lend Lease. At a local business level we can confirm ‘In the Pink’, a main street business, has contributed $2,000 to the program and the NYE 2014 Plan, with follow up meetings and correspondence with potential corporate supporters continuing.

9. Establish a Project Reference Group (PRG)

Council established the Safe Summer in the Bay Project Reference Group (14-300) at the 12 June 2014 ordinary meeting. The members included the following representatives: two councillors (Richardson & Wanchap with Dey & Ibrahim as alternates), Police, Byron Bay Liquor Accord, Byron United, Arts Northern Rivers and Byron Community Centre. Two community representatives were included for the PRG, however there were no nominations received (this was reported to Council 18 September 2014 ordinary meeting (14-433)).

Outcome

The PRG met on the following dates:

· 22 August

· 26 September

· 24 October

· 14 November, and

· 4 December

· 4 February 2015 (debrief meeting)

The minutes of all meetings were reported to Council, with the exception of the 4 December meeting which failed to reach quorum. The minutes of the 4 February 2015 debrief meeting are attached to this report.

In an attempt to broaden the arts and cultural showcasing of Byron Shire during the peak holiday season, a ‘call for expressions of interest to cross-promote events being managed by third parties’ was advertised, however there were no expressions of interest received.

10. Council NYE Program

a. Provide a point of contact for event managers and other stakeholders

Outcome

In 2014 the Economic Development team provided the Byron Community Centre (BCC) with increased support across a wide range of areas such as; event management, council liaison, DA management and Media and Communications. Two new positions in the Economic Development and Tourism team, both with extensive event experience, allowed Council staff to provide on-going and targeted support to the BCC.

Assistance to the Byron Community Centre (BCC) was provided in writing the DA for the event, putting together all the documents required for submission and assessment, and the DA fees were waived by Council. A 5-year DA was submitted and approved.

Letters of Council’s plans regarding traffic, Park and Ride and SEPA were provided to all emergency services, all local and interstate coach/ transport operators. Two flyers about plans around the New Year were developed and provided to all Byron Bay CBD businesses (volunteers delivered by hand) and also used in the media/ PR campaign.

All of the above support has resulted in a strengthened relationship with the BCC and had a direct positive impact on the success of the 2014 events. Council looks forward to continuing to build on this relationship in 2015. A copy of the BCC Acquittal Report can be seen in the attachments to this report.

In addition, the Community Development team managed the overarching areas of NYE, liaised with key stakeholder organisations represented on the PRG committee and specifically the Police, emergency services, road closures, and during the implementation of the alcohol minimisation campaign. Many requests for information were received from the community by phone, email, with visits to Council offices and during meetings or functions where Council staff were in attendance.

b. Communications and media

The communication strategy for New Years Eve had three communication objectives:

A. To discourage ‘party revellers’ who are not attending a ticketed event.

B. To inform locals and visiting holiday makers of family friendly events.

C. Keep internal and external stakeholders informed of the Safe Summer in the Bay program.

Concurrently, there was also the need to communicate about the Special Event Park Areas (SEPA) and Park and Ride. As a result, to help minimise communication costs and increase the reach of key messages, where possible the costs and buying power was spread over the three key issues and consequently savings were achieved.

Prior to the commencement of the communication plan, it was identified that there was potentially two conflicting messages to target two audience groups which had the potential to create confusion.

External to Byron Shire Don’t come / No fireworks / Strong police presence and zero tolerance on street drinking

Internal to Byron Shire Family friendly event Soul Street NYE in Jonson Street and First Sun event.

As a result, messages within promotional tools were separated depending on ‘where’ they would be read or heard.

Communication avenues included:

· Internal and external stakeholder briefings

· Media releases

· E-news mailouts

· Byron Shire Council website

· Stalls at Farmers’ Markets

· Local newspaper advertising (additional comments below)

· Radio advertising and interviews (additional comments below)

· Social media (see Facebook comments below)

· Public Notice advertising

· Updates to businesses and residents within Byron Bay town centre

Local newspaper advertising:

· Byron Shire News - 4 x half page adverts in December featuring recruitment for Greeters, Special Event Parking, Park and Ride and New Years Eve.

· Byron Shire Echo – 2 full page adverts in last two weeks of December

Radio advertising

· Bay FM – Primary message family friendly Soul Street, First Sun, No Fireworks and behave responsibly.

· SeaFM (Gold Coast) – Primary message - tough parking, crack down on street drinking and violence, no camping and no fireworks. Secondary message – if you are coming use Park and Ride.

· ZZZ2LM – Primary message - tough parking, crack down on street drinking and violence, no camping and no fireworks. Secondary message – if you are coming use Park and Ride.

New Year’s Eve – paid Facebook advertising

Objective – to reach as many people as possible from Brisbane to Casino.

Primary message - tough parking, crack down on street drinking and violence, no camping and no fireworks. Secondary message – if you are coming use Park and Ride.

As can be seen by the figures above, Facebook advertising had strong reach and frequency and for the cost, should be considered a key inclusion for 2015 to help target the potential New Year’s Eve ‘night trippers’.

Results from the New Year’s Eve visitor survey showed that 48% had heard about Soul Street via local newspapers, 22% word of mouth and 17% social media.

c. Traffic, compliance, waste and infrastructure services management

The following work was undertaken and measures put in place:

· A risk management plan was devised and refined by negotiation with Council’s insurers.

· Compliance teams were briefed and deployed according to highest need areas. No buskers in Apex Park was enforced to assist in the dispersal of crowds.

· Additional surf life saving services are now incorporated into Council’s contract for Surf Life Saving.

· Lighting – all existing street lighting was checked to ensure it was working, event lights were in place and turned on near Apex Park and (5) ‘daymakers’ were ordered for key dark spots.

· Both Railway Park and Apex Park were prepared for the peak season in terms of grass trimming, pruning and a dirt carpark at the back of the shops on Jonson St was prepared.

· A comprehensive Waste Management Plan was prepared in conjunction with the Police and the event organisers resulting in additional bin placement throughout the event areas, alcohol confiscation bins and an extra pick up during New Year’s Eve.

· Additional toilets were in place – 10 in Apex Park and 20 located near the Railway Park public amenities. Additional toilet cleaning was scheduled during the peak event times.

· A traffic management plan was prepared and implemented including: closure of parking in Bay St and the top of Middleton St, Jonson St closed from 1pm 31/12/14 to 7am 1/1/15, stallholder parking provided in Lawson St South carpark with stop/go controllers at the entrance, and temporarily moving the taxi rank to further down Jonson St for the duration of the road closure.

· Extensive clean up was undertaken in the early hours of 1 January despite the heavy rain.

Stakeholder Feedback

Please note the Safe Summer in the Bay committee and stakeholder feedback provided in the minutes of the debrief meeting held on 4 February 2015 as attached. Some of the recommendations from committee members include:

· Close Jonson St to parking near the Community Centre and Railway Park at 12noon, with the rest of the street closure remaining at 1pm.

· Include event organisers in staff and/or committee meetings, especially later in the year.

· Consider possible transport issues in getting people out of town after 10pm.

· Improve communication around the DA process and compliance.

· Start early with a strategy to program to fit with possible art grant funding.

· Falls Festival shuttle buses should be encouraged to use a different bus stop than the Main Bus Stop during New Year’s Eve; and to have their shuttle buses go on to Suffolk Park with pick up provided in town to assist with the dispersal of people late at night.

· Develop the volunteers program further to ensure there are enough volunteers to assist on the night.

· Start sponsorship and fundraising much earlier this year with a view to have budgets confirmed by August/ September.

· Sponsorship and fundraising needs a further discussion by the committee.

· The committee has the right people on it and should continue.

· Communications and media worked well this year.

· There are some small improvements in the delivery of infrastructure which can be implemented at the staff level.

Additional feedback is provided below:

Byron Bay Hospital

North Coast Area Health Service have advised the following data for New Year’s Eve and New Year’s Day presentations to the emergency department at Byron Bay Hospital:

Comparison numbers are as follows

Year	New Year’s Eve (31/12)	New Year’s Day (1/1)
2012/13	61	103
2013/14	54	85
2014/15	64	89

Police – as reported to the Safe Summer in the Bay PRG:

· Amount of alcohol confiscated was down this year

· For next year, the alcohol prohibition laws have changed and can’t confiscate closed alcohol on the streets any more (only in parks and reserves).

· No parking in Bay St worked well, although would like to extend this next year to Main Beach car park.

· Thought the media campaign was excellent and seemed to have some impact on the numbers being down.

· Whilst there were no arrests, there were 5 detained for alcohol intoxication, 1 detained for failing to ‘move on’ and 1 for malicious damage.

· Across the state New Year’s Eve was a quiet night.

· The emergency hub didn’t happen. Ambulance decided to stay at their station rather than place themselves in town and the big Police bus was required in Sydney.

· Apex Park was empty at 2.30am.

· Belongil Fields was an issue again with overcrowding.

· Police started confiscating alcohol from 1pm and there were many police rostered on the beat throughout the night.

Byron Bay Taxi’s – felt that it was still difficult to find out where the taxi rank had moved to on New Year’s Eve and have requested improved signage for next year, although there was no reported downturn in business on the night.

RMS – no comments or feedback received from the field (reported by RMS contact).

Byron United reported in their newsletter -

Byron United has just run a member survey to get feedback on the summer season for Byron businesses. This gives us an up to date snapshot from real people running a broad spectrum of businesses in Byron today.

Over 80% of those surveyed reported that business was marginally up or just as good as last year.

Congestion into Byron is always a big issue and this season was no different - this was the biggest complaint. Park and Ride, although a great idea, without a dedicated bus lane from Ewingsdale Road, most of those surveyed said their customers didn't use it. A few suggestions were; the introduction of long stay paid parking at Butler Street Reserve, the reinstating of 30 odd lost carparks in the CBD, changing the location where pedestrians cross between the two roundabouts on Lawson street to a single midway location along Jonson St including a mid safety island.

Soul Street, Byron's family friendly event proved to be a success with many families coming out to enjoy the festivities. Businesses gave positive feedback that the event succeeded in attracting family tourists rather than the younger party crowds and although a large portion of Jonson Street was closed it didn't impact negatively on their businesses.

Rangers and Staff

· A solution to the bins overflowing at the end of the night is to have several replacement bins as back up and use these when to replace those bins that are full. This option would be cheaper and easier to organise than having Solo Waste come during the event to empty bins. Note Solo Waste could only do a waste pick up at the latest time of 7pm, which was too early in the night to have much impact on the waste at the event later in the night.

· The waste volume was less than 2013 and significantly less than in 2012 as reported in Council’s media release distributed early January: “While the load coming into the station from across the Shire came in at 7.5 tonnes, overall the town was much cleaner. “A representative from Council’s waste collection contractor advised that this year has been the best that he has seen in the last 20 years in the Byron Shire. 7.5 tonnes sounds like a lot, but when you consider that on New Year 2011/12 there was 15.5 tonnes and it was 48 hours before it was clean, you can see that’s less than half the total waste.

· Clean up of the rubbish in town was much quicker and if next year is similar, both less staff and less hours will be required.

· Council issued $161,397 in fines for a range of offences including illegal parking, illegal camping, obstruction, and consuming alcohol in prohibited areas. This includes a reduction in parking fines due to the shorter duration of the Special Event Parking Area, i.e. fewer days of operation.

· Camping figures appeared to be down this year.

· Temporary lights were provided at key points around Byron Bay CBD, however staff recommend a permanent light is provided over the pedestrian crossing over the railway line between Butler St and Jonson St.

· To assist with the celebratory atmosphere of Soul St, and indeed the whole ‘safe summer’ season, festooning or creative lighting could be placed around town for the summer period. Perhaps there is scope for a separate project to ‘Light Up Byron Bay’ working with businesses and schools to dress up the town.

· With the Jonson St road closure, there was again slow traffic moving through the Byron Bay CBD (although no-where near the chaos of 2013). Pedestrian management remains a key issue through the busy Christmas/ New Year period.

Financial Implications

Council adopted the budget for New Year’s Eve along with the Plan for New Year in Byron Bay 2014 (14-300). The budget vs actual is shown in the table below, as known at month end January 2015.

Strategy #	Item	Council Dept	Budget	Actual	Variance
1 2 4	Soul St NYE Youth Event First Sun NYD	Economic Development & Tourism	$25,000	$25,000	0
5	Policing Support	Included under Strategy 10	Nil	Nil	0
6	Alcohol minimisation campaign	Community Development	$5,000	$3,365	($1,635)
7	Team of Volunteers (Development & Coordination, Byron Greeters)	Economic Development & Tourism	$5,000	$4,682	($318)
8	Sponsorship/ fundraising	Economic Development & Tourism	Nil	Nil
9	Project Reference Group	Community Development	Nil	$798	+$798 Advertising costs – call for nominations to PRG, call for event organisers & call for third party events for cross-promotion
10	Council Support a) Stakeholder management b) Communications and media c) Traffic, compliance, waste and infrastructure provision	Community Development General Manager Infrastructure Services	Nil $15,000 $46,000	Nil $8,382 $46,234	($6,618) +$234
Totals			$96,000	$88,461	Savings: $7,539

At a local business level Council acknowledges a contribution from ‘In the Pink’, a main street business in Byron Bay, of $2,000 to the program.

It is recommended that Council in the preparation and development of the 2015/16 Budget and Long Term Financial Plan, consider the provision of a budget of $400,000 over the next four years ($100,000 per year) to coincide with the DA approval for Soul Street operations by the Byron Community Centre. The additional funding requested will as a minimum cover the regulatory and assessment charges required by Council and the approval of the event.

The Forecast budget allocation for next four years:

Strategy #	Item	Council Dept	Budget
1 3	Soul St NYE, incl Youth Activities First Sun NYD	Economic Development & Tourism	$25,000
4	Policing Support	Included under Strategy 10	Nil
5	Alcohol minimisation campaign	Community Development	$5,000
6	Volunteers and student program	Economic Development & Tourism	$5,000
7	Sponsorship/ fundraising	Economic Development & Tourism	$5,000
8	Project Reference Group	Community Development	Nil
9	Council Support a) Stakeholder management b) Communications and media c) Traffic, compliance, waste and infrastructure provision	Community Development General Manager Infrastructure Services	Nil $15,000 $45,000
Totals			$100,000

The above table represents the forecast yearly budget for the 4 year period – there will be a need to assess the outcomes of the strategies annually so the allocation to each strategy may vary from year to year.

Statutory and Policy Compliance Implications

Plan for New Year in Byron Bay 2014 (adopted by Council 14-300)

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.8

Report No. 13.8 Investments - January 2015

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2015/38

Theme: Corporate Management

Financial Services

Summary:

This report includes a list of investments and identifies Council’s overall cash position as at 31 January 2015 for Council’s information.

This report is prepared to comply with Regulation 212 of the Local Government (General) Regulation 2005.

RECOMMENDATION:

That the report listing Council’s investments and overall cash position as at 31 January 2015 be noted.

Report

In relation to the investment portfolio for January 2015, Council has continued to maintain a diversified portfolio of investments The average 90 day bank bill rate (BBSW) for the month of January was 2.70%. Council’s performance for the month of January is a weighted average of 3.35%. This performance is again higher than the assumed benchmark. This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits. Council’s investment portfolio should continue to out-perform the benchmark as the capital protected investment earning 0% interest nears maturity.

There is now only one capital protected investment held by Council which is fully allocated to an underlying zero coupon bond. This investment is the Emu Note which will mature in October 2015.

The table below identifies the investments held by Council as at 31 January 2015:

Schedule of Investments held as at 31 January 2015

Purch Date	Principal ($)	Description	CP*	Rating	Maturity Date	Type	Interest Rate Per Annum	Current Value
26/09/05	1,500,000	EMU NOTES	CP	AAA-	25/10/15	MFD	0.00%*	1,461,150.00
20/06/12	500,000	HERITAGE BANK LTD BONDS	N	BBB+	20/06/17	B	7.25%	530,000.00
3/11/14	2,000,000	SUNCORP	P	A+	02/02/15	TD	3.40%	2,000,000.00
12/01/15	1,000,000	MACQUARIE BANK	P	A	13/04/15	TD	3.35%	1,000,000.00
08/12/14	2,000,000	NEWCASTLE PERMANENT	N	NR	09/03/15	TD	3.35%	2,000,000.00
26/08/14	2,000,000	ING BANK (AUSTRALIA)	N	A1	23/02/15	TD	3.56%	2,000,000.00
09/12/14	2,200,000	POLICE CREDIT UNION	P	NR	08/04/15	TD	3.43%	2,200,000.00
13/01/15	2,000,000	ME BANK	N	BBB	13/04/15	TD	3.35%	2,000,000.00
07/10/14	2,000,000	BANK OF QUEENSLAND	N	A2	11/02/15	TD	3.35%	2,000,000.00
09/12/14	1,000,000	ING BANK (AUSTRALIA)	N	A1	09/06/15	TD	3.55%	1,000,000.00
05/11/14	1,000,000	AMP BANK	N	A	03/02/15	TD	3.25%	1,000,000.00
08/10/14	2,000,000	BANK OF QUEENSLAND	N	A2	05/02/15	TD	3.60%	2,000,000.00
05/01/15	1,000,000	WIDE BAY AUSTRALIA LTD	N	NR	07/04/15	TD	3.40%	1,000,000.00
08/12/14	1,000,000	WIDE BAY AUSTRALIA LTD	N	NR	09/03/15	TD	3.45%	1,000,000.00
10/12/14	2,000,000	NAB	N	AA-	10/03/15	TD	3.40%	2,000,000.00
10/11/14	2,000,000	COMMINVEST	N	AA-	10/05/15	TD	3.40%	2,000,000.00
08/12/14	2,000,000	NAB	N	AA-	09/03/15	TD	3.40%	2,000,000.00
01/12/14	2,000,000	NAB	N	AA-	03/03/15	TD	3.40%	2,000,000.00
02/09/14	2,000,000	NAB	N	AA-	02/03/15	TD	3.55%	2,000,000.00
15/12/14	2,000,000	ME BANK	N	BBB	15/03/15	TD	3.35%	2,000,000.00
09/12/14	2,000,000	BANKWEST	N	A1+	09/03/15	TD	3.45%	2,000,000.00
08/01/15	1,000,000	BANKWEST	N	A1+	08/04/15	TD	3.50%	1,000,000.00
12/11/14	1,000,000	NAB	N	AA-	12/02/15	TD	3.40%	1,000,000.00
14/11/14	1,000,000	ING BANK (AUSTRALIA)	N	A2	14/11/14	TD	3.52%	1,000,000.00
14/11/14	2,000,000	NAB	N	AA-	12/02/15	TD	3.42%	2,000,000.00
14/11/14	1,000,000	PEOPLES CHOICE CREDIT UNION	N	BBB+	12/02/15	TD	3.43%	1,000,000.00
14/11/14	1,000,000	NEWCASTLE PERMANENT	N	NR	12/02/15	TD	3.40%	1,000,000.00
14/11/14	1,000,000	NAB	N	AA-	12/02/15	TD	3.40%	1,000,000.00
14/11/14	2,000,000	NAB	N	AA-	23/02/15	TD	3.42%	2,000,000.00
01/12/14	2,000,000	PEOPLES CHOICE CREDIT UNION	N	BBB+	03/03/15	TD	3.40%	2,000,000.00
01/12/14	2,000,000	ING BANK (AUSTRALIA)	N	A2	03/06/15	TD	3.56%	2,000,000.00
02/12/14	2,000,000	CREDIT UNION AUSTRALIA	N	BBB+	31/08/15	TD	3.55%	2,000,000.00
08/12/14	2,000,000	BANKWEST	N	A1+	06/02/15	TD	3.40%	2,000,000.00
09/12/14	2,000,000	SUNCORP	P	A+	08/04/15	TD	3.45%	2,000,000.00
05/01/15	2,000,000	BANKWEST	N	A1+	06/03/15	TD	3.40%	2,000,000.00
08/01/15	2,000,000	WIDE BAY AUSTRALIA LTD	BBB	NR	08/04/15	TD	3.40%	2,000,000.00
28/01/15	2,000,000	ME BANK	N	BBB	28/04/15	TD	3.35%	2,000,000.00
30/01/15	2,000,000	BANK OF QUEENSLAND	N	A2	29/05/15	TD	3.35%	2,000,000.00
N/A	1,998,058	CBA BUSINESS ONLINE SAVER	N	A	N/A	CALL	2.75%	1,998,057.54
Total	65,198,058					AVG	3.36%	65,189,207.54

It should be noted that at the time of writing this report, Council had not received a valuation for the EMU Note for January 2015. This investment is highlighted in bold in the table above with the valuation reflective from 31 December 2014, this being the most recent current valuation received by Council.

Note 1.	CP = Capital protection on maturity
	N = No Capital Protection
	Y = Fully covered by Government Guarantee
	P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

Note 2.	Type	Description

	MFD	Managed Fund	Principal varies based on fund unit. Price valuation, interest payable varies depending upon fund performance.
	TD	Term Deposit	Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term.
	CALL	Call Account	Principal varies due to cash flow demands from deposits/withdrawals, interest is payable on the daily balance at the cash rate +0.50%

Note 3. Floating rate notes and Term Deposits can be traded on a day-to-day basis, and therefore Council is not obliged to hold the investments to the maturity dates. Managed funds operate in a similar manner to a normal bank account with amounts deposited or withdrawn on a daily basis. There is no maturity date for this type of investment.

*Note 4. The coupon on these investments is zero due to the Capital Protection mechanism working. This occurs when the investment falls below a certain level. This coupon may be paid again in the future as the market recovers.

For the month of January 2015, as indicated in the table below, there is a dissection of the investment portfolio by investment type. It illustrates the current value of investments is remains the same as December, demonstrating a cumulative unrealised loss of $8,850.00.

Dissection of Council Investment Portfolio as at 31 January 2015

Principal Value ($)	Investment Linked to:-	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
61,200,000.00	Term Deposits	61,200,000.00	0.00
1,998,057.54	Business On-Line Saver (At Call)	1,998,057.54	0.00
1,500,000.00	Managed Funds	1,461,150.00	(38,850.00)
500,000.00	Bonds	530,000.00	30,000.00
65,198,057.54		65,189,207.54	(8,850.00)

The current value of an investment compared to the principal value (face value or original purchase price) provides an indication of the performance of the investment without reference to the coupon (interest) rate. The current value represents the value received if an investment was sold or traded in the current market, in addition to the interest received.

The table below provides a reconciliation of investment purchases and maturities for the period 31 December 2014 to 31 January 2015 on a current market value basis.

Movement in Investment Portfolio – 31 December 2014 to 31 January 2015

Item	Current Market Value (at end of month)
Opening Balance at 31 December 2014	66,384,750.16
Add: New Investments Purchased	13,000,000.00
Add: Call Account Additions	0.00
Add: Interest from Call Account	4,457.38
Less: Investments Matured	13,700,000.00
Less: Call Account Redemption	500,000.00
Add: Fair Value Movement for period	0.00
Closing Balance at 31 December 2014	65,189,207.54

Investments Maturities and Returns – 31 December 2014 to 31 January 2015

Principal Value ($)	Description	Type	Maturity Date	Number of Days Invested	Interest Rate Per Annum	Interest Paid on Maturity
1,000,000.00	Wide Bay Australia Ltd	TD	05/01/2015	96	3.30%	8,679.45
2,000,000.00	Rabobank	TD	05/01/2015	124	3.45%	23,441.10
1,000,000.00	ME Bank	TD	07/01/2015	91	3.40%	8,476.71
2,000,000.00	Rabobank	TD	08/01/2015	120	3.45%	22,684.93
1,000,000.00	Bankwest	TD	08/01/2015	90	3.40%	8,383.56
1,000,000.00	Macquarie Bank	TD	11/01//2015	90	3.30%	8,136.99
2,000,000.00	ME Bank	TD	12/01/2015	125	3.35%	23,079.46
2,000,000.00	Peoples Choice Credit Union	TD	27/01/215	120	3.55%	23,342.47
1,700,000.00	Police Credit Union	TD	28/01/2015	92	3.59%	15,382.90
13,700,000.00						141,607.57

The overall ‘cash position’ of Council is not only measured by what funds Council has invested but also by what funds Council has retained in its consolidated fund or bank account as well for operational purposes. In this regard, for the month of January 2015 the table below identifies the overall cash position of Council as follows:

Dissection of Council Cash Position as at 31 January 2015

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	61,200,000.00	61,200,000.00	0.00
Business On-Line Saver (At Call)	1,998,057.54	1,998,057.54	0.00
Managed Funds	1,500,000.00	1,461,150.00	(38,850.00)
Bonds	500,000.00	530,000.00	30,000.00
Total Investment Portfolio	65,198,057.54	65,189,207.54	(8,850.00)

Cash at Bank
Consolidated Fund	1,797,501.45	1,797,501.45	0.00
Total Cash at Bank	1,797,501.45	1,797,501.45	0.00

Total Cash Position	66,995,558.99	66,986,708.99	(8,850.00)

Financial Implications

Council uses a diversified mix of investments to achieve short, medium and long-term results. Council’s historical strategy is to use credit/equity markets for exposure to long term growth. It should be noted that Council’s exposure to credit/equity products is capital protected when held to maturity, which ensures no matter what the market value of the product is at maturity, Council is insured against any capital loss. The investment strategy associated with long term growth is now prohibited under the current Ministerial Investment Order utilising credit/equity markets to seek investment products. However, the ‘grandfathering’ provisions of the Ministerial Investment Order provides Council can retain investments now prohibited until they mature. It should be noted that Council currently holds only one of these investments, the EMU notes. This investment will trend towards it’s full principal value as it approaches maturity.

Council’s investment strategy is currently to invest for the short term (generally 90 days on new investments) to take advantage of investment opportunities often offered in the market over and above the 90day bank bill rate whilst ensuring sufficient liquidity to meet cash flow requirements. This provides the ability to take advantage of interest rate movements in the market as short term rates are currently not dissimilar to longer term rates (2 to 5 years).

Statutory and Policy Compliance Implications

In accordance with Regulation 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies Council has invested under section 625 of the Local Government Act 1993.

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported. In this regard, the current Council Meeting cycle does not always allow this to occur, especially when investment valuations required for the preparation of the report, are often received after the deadline for the submission of reports for the meeting. Endeavours will be made to ensure the required report will be provided to Council and this will for some months require reporting for one or more months.

Council’s investments are carried out in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Ministers Order – Forms of Investment, last published in the Government Gazette on 11 February 2011.

Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.9

Report No. 13.9 Budget Review - 1 October 2014 to 31 December 2014

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2015/41

Theme: Corporate Management

Financial Services

`Summary:

This report is prepared to comply with Regulation 203 of the Local Government (General) Regulation 2005 and to inform Council and the Community of Council’s estimated financial position for the 2014/2015 financial year, reviewed as at 31 December 2014.

This report contains an overview of the proposed budget variations for the General Fund, Water Fund and Sewerage Fund. The specific details of these proposed variations are included in Attachments 1 and 2 for Council’s consideration and authorisation.

Attachment 3 contains the Integrated Planning and Reporting Framework (IP&R) Quarterly Budget Review Statement (QBRS) as outlined by the Division of Local Government in circular 10-32.

RECOMMENDATION:

1. That Council authorise the itemised budget variations as shown in Attachment 2 (#E2015/8370) which includes the following results in the 31 December 2014 Quarterly Review of the 2014/2015 Budget:

(a) General Fund - $0 adjustment in the accumulated surplus

(b) Water Fund - $1,562,900 increase in reserves

(c) Sewerage Fund - $656,100 increase in reserves

2. That That Council adopt the revised General Fund Accumulated Surplus/(Working Funds) surplus of $1,956,550 for the 2014/2015 financial year as at 31 December 2014.

Attachments:

1 Budget Variations for the General, Water and Sewer Funds, E2015/8368 , page 100

2 Itemised Listing of Budget Variations for the General, Water and Sewerage Funds, E2015/8370 , page 180

3 New Integrated Planning and Reporting framework (IP&R) required Quarterly Budget Review Statement, E2015/8369 , page 185

Report

Council adopted the 2014/2015 budget on 12 June 2014 via Resolution 14-285. It also considered and adopted the budget carryovers from the 2013/2014 financial year, to be incorporated into the 2014/2015 budget, at its Ordinary Meeting held 28 August 2014 via Resolution 14-389. Since that date, Council has reviewed the budget taking into consideration the 2013/2014 Financial Statement results and progress through the first half of the 2014/2015 financial year. This report considers the December 2014 Quarter Budget Review.

The details of the budget review for the Consolidated, General, Water and Sewer Funds are included in Attachment 1, with an itemised listing in Attachment 2. This aims to show the consolidated budget position of Council, as well as a breakdown by Fund and Principal Activity. The document in Attachment 1 is also effectively a publication outlining a review of the budget and is intended to provide Councillors with more detailed information to assist with decision making regarding Council’s finances.

Contained in the document at Attachment 1 is the following reporting hierarchy:

Consolidated Budget Cash Result

General Fund Cash Result Water Fund Cash Result Sewer Cash Result

Principal Activity Principal Activity Principal Activity

Operating Income Operating Expenditure Capital income Capital Expenditure

The pages within Attachment 1 are presented (from left to right) by showing the original budget as adopted by Council on 12 June 2014 plus the adopted carryover budgets from 2013/2014 followed by the resolutions between July and September, the September review, resolutions between October and December and the revote (or adjustment for this review) and then the revised position projected for 30 June 2015 as at 31 December 2014.

On the far right of the Principal, there is a column titled “Note”. If this is populated by a number, it means that there has been an adjustment in the quarterly review. This number then corresponds to the notes at the end of Attachment 1 which provides an explanation of the variation.

There is also information detailing restricted assets (reserves) to show Councils estimated balances as at 30 June 2015 for all Council’s reserves.

A summary of Capital Works is also included by Fund and Principal Activity.

Office of Local Government Budget Review Guidelines:-

The Office of Local Government on 10 December 2010 issued the new Quarterly Budget Review Guidelines via Circular 10-32, with the reporting requirements to apply from 1 July 2011. This report includes a Quarterly Budget Review Statement (refer Attachment 3) prepared by Council in accordance with the guidelines.

The Quarterly Budget Review Guidelines set a minimum standard of disclosure, with these standards being included in the Local Government Code of Accounting Practice and Financial Reporting as mandatory requirements for Council’s to address.

Since the introduction of the new planning and reporting framework for NSW Local Government, it is now a requirement for Councils to provide the following components when submitting a Quarterly Budget Review Statement (QBRS):-

· A signed statement by the Responsible Accounting Officer on Councils financial position at the end of the year based on the information in the QBRS

· Budget review income and expenses statement in one of the following formats:

o Consolidated

o By fund (e.g General, Water, Sewer)

o By function, activity, program etc to align with the management plan/operational plan

· Budget Review Capital Budget

· Budget Review Cash and Investments Position

· Budget Review Key performance indicators

· Budget Review Contracts and Other Expenses

The above components are included in Attachment 3:-

Income and Expenditure Budget Review Statement by Type – This shows Councils income and Expenditure by type. This has been split by Fund. Adjustments are shown, looking from left to right.

Capital Budget Review Statement – This statement identifies in summary Council’s capital works program on a consolidated basis and then split by Fund. It also identifies how the capital works program is funded. As this is the second quarterly review for the reporting period, the Statement may not necessarily indicate the total progress achieved on the delivery of the capital works program.

Cash and Investments Budget Review Statement – This statement reconciles Council’s restricted funds (reserves) against available cash and investments. Council has attempted to indicate an actual position as at 31 December 2014 of each reserve to show a total cash position of reserves with any difference between that position and total cash and investments held as available cash and investments. It should be recognised that the figure is at a point in time and may vary greatly in future quarterly reviews pending on cash flow movements.

Key Performance Indicators (KPI’s) – At this stage, the KPI’s within this report are:-

o Debt Service Ratio - This assesses the impact of loan principal and interest repayments on the discretionary revenue of Council.

o Rates and Annual Charges Outstanding Ratio – This assesses the impact of uncollected rates and annual charges on Councils liquidity and the adequacy of recovery efforts

o Asset Renewals Ratio – This assesses the rate at which assets are being renewed relative to the rate at which they are depreciating.

These may be expanded in future to accommodate any additional KPIs that Council may adopt to use in the Long Term Financial Plan (LTFP.)

Contracts and Other Expenses - This report highlights any contracts Council entered into during the October to December quarter that are greater then $50,000.

CONSOLIDATED RESULT

The following table provides a summary of the overall Council budget on a consolidated basis inclusive of all Funds budget movements for the 2014/2015 financial year projected to 30 June 2015 but revised as at 31 December 2014.

2014/2015 Budget Review Statement as at 31 December 2014	Original Estimate (Including Carryovers) 1/7/2014	Adjustments to Dec 2014 including Resolutions*	Proposed Dec 2014 Review Revotes	Revised Estimate 30/6/2015 at 31/12/2014
Operating Revenue	76,364,300	1,948,600	220,800	78,533,700
Operating Expenditure	84,894,350	1,962,300	549,900	87,406,550
Operating Result – Surplus/Deficit	(8,530,050)	(13,700)	(329,100)	(8,872,850)
Add: Capital Revenue	3,972,700	296,000	595,300	4,864,000
Change in Net Assets	(4,557,350)	282,300	266,200	(4,008,850)
Add: Non Cash Expenses	15,890,000	0	0	15,890,000
Add: Non-Operating Funds Employed	1,800,000	470,000	0	2,270,000
Subtract: Funds Deployed for Non-Operating Purposes	(21,188,100)	(1,918,400)	1,307,200	21,799,300
Cash Surplus/(Deficit)	(8,055,450)	(1,166,100)	1,573,400	7,648,150
Restricted Funds – Increase / (Decrease)	(8,072,300)	(1,166,100)	1,573,400	(7,665,000)
Forecast Result for the Year – Surplus/(Deficit) – Working Funds	16,850	0	0	16,850

As the table above highlights, the forecast result for the year has not changed for the review period including Council resolutions. Results by General, Water and Sewerage Fund are provided below:

GENERAL FUND

In terms of the General Fund projected Accumulated Surplus (Working Funds) the following table provides a reconciliation to the estimated position as at 31 December 2014:

Opening Balance – 1 July 2014	$1,939,700
Plus original budget movement and carryovers	16,850
Council Resolutions July – September Quarter	0
September Review Adjustments – increase/(decrease)	0
Council Resolutions October – December Quarter	0
Recommendations within this Review – increase/(decrease)	0
Forecast Working Funds Result – Surplus/(Deficit) – 30 June 2015	16,850
Estimated Working Funds Closing Balance – 30 June 2015	$1,956,550

The General Fund financial position has not changed as a result of this budget review. The proposed budget changes that have impacted on this result have been highlighted in Attachment 1 and summarised further in this report below.

Council Resolutions

There were no Council resolutions during the October to December 2014 quarter that impacted the overall 2014/2015 budget result.

Budget Adjustments

The budget adjustments identified in Attachment 1 and 2 for the General Fund have been summarised by Budget Directorate in the following table:

Budget Directorate	Revenue Increase/ (Decrease) $	Expenditure Increase/ (Decrease) $	Accumulated Surplus (Working Funds) Increase/ (Decrease) $
General Managers Office	21,300	50,600	(29,300)
Organisational Development	0	0	0
Corporate & Community Services	168,400	141,900	26,500
Infrastructure Services	642,800	701,200	(58,400)
Sustainable Environment & Economy	643,300	582,100	61,200
Total Budget Movements	1,475,800	1,475,800	0

Budget Adjustment Comments

Within each of the Budget Directorates of the General Fund, are a series of budget adjustments identified in detail at Attachment 1 and 2. More detailed notes on these are provided in Attachment 1, but in summary the major additional items included are summarised below by Division and are included in the overall budget adjustments table above:

General Manager

In the General Managers program additional expenditure of $30,000 is required to engage a consultant to assist Council in it’s Fit For the Future submission.

In the Economic Development program additional expenditure is required to purchase ID software products to assist providing demographic, social and economic data that will enable better strategy planning.

Corporate and Community Services

In the Administrative Services – Councillors Budget Program there is a reduction in expenditure due to savings against Councils’ NOROC membership, Far North Coast County Council contribution, Regional committee for Mosquito Management contribution and the Companion Animals contribution.

In the Information Services Program additional budgets for capital works are required. The Automated Agenda and Minutes (InfoCouncil) has gone slightly over budget and requires $44,800 due to Council specifc requirements and approval for stage 2.

In the Property Program the major budget adjustments are the recognition in the budget of the grant for the Bangalow Showground Trust ($36,700) and an additional $20,000 for pre-construction works on the 70-90 Station Street sub-division.

In the Compliance and Infringement Processing Programs, additional revenue is budgeted for fees received for swimming pool inspections and revenue for resource sharing of Council’s licence plate recognition equipment with Lismore City Council.

In the Community Development Program, revenue budget has been adjusted to account for a $20,400 grant for an Aboriginal Arts & Cultural project. Operating Expenditure has also increased for the grant expenditure.

In the Library Services Program, the local priorities grant of $30,600 was received, along with income to be received for the mobile coffee cart in the Library foyer.

Infrastructure Services

There are proposed substantial changes to the Infrastructure Services Directorate budget in the following budget program areas:

1. Depot and Fleet Operations

2. Local Roads and Drainage

3. Open Space and Recreation

4. Byron Reghional Sport and Cultural Complex

5. Water Supplies

6. Sewerage Services

Specific details of the proposed budget variations are identified at the back of Attachment 1 from Notes 16 to 25 and Notes 30 to 31. A summary of all proposed budget revotes for Infrastructure Services is also included by program in Attachment 2. As an overall summary comment the following major proposed budget variations are identified:

1. In the Infrastructure Services Supervision and Administration budget program there are antcipated savings of $210,500 that is proposed to be reallocated to pot hole patching $130,500, $10,000 for traffic counts, $40,000 for street sweeping, and $30,000 for parks maintenance.

2. There is an additional $871,800 proposed capital expenditure for replacement of plant/vehicle in the 2014/2015 financial year funded from the Plant Reserve. This expenditure is to cover the replacement program for 2014/2015 and replacements that did not occur during the 2013/2014 financial year.

3. Capital expenditure in the Local Roads and Drainage Budget is proposed to be reduced by $455,900 in total after reassessment of the current works program and the ability for some projects to be completed this financial year. For example the Coolamon Scenic Drive Mullumbimby to Ocean Shores project is proposed to be reduced by $180,000 and the Broken Head Road Suffolk Park project reduced by $250,000 as both projects require land acquisition matters to be finalised before construction can commence.

4. In the Open Space and Recreation Program an additional $122,500 is proposed for maintenance , $105,000 is proposed to fund options and assessments associated with Tyagarah Airfield in accordance with resolution 14-657. There is also an adjustment to reduce capital revenue budgeted for grant funding associated with Belongil rockwall ($455,000).

5. Capital expenditure in the Waste Management area is proposed to be increased by $160,000 which includes upgrade of public place bin enclosures $50,000 and $110,000 for the installation of radio frequency identification tags (RFIS) into existing mobile garbage bins to better reconcile garbage services billed to bins provided and monitoring the collection contractor.

6. Capital expenditure for the Byron Regional Sport and Cultural Complex is proposed to increase by $150,000 to fund a solar power generation and hot water system.

7. Capital expenditure in Water Supplies is proposed to be reduced by $1,537,400 based on assessment of the current program. Adjustments include $1,000,000 for the Mullumbimby Trunk Main replacement that will not be completed in 2014/2015 and $370,000 for Coopers Shoot Reservior upgrade which will not be completed due to a delay in a land transfer. There are other adjustments identified in Note 30 at the back of Attachment 1.

8. Capital expenditure in Sewerage Services is proposed to be reduced by $160,400 after reassessment of the current works program. It is also proposed to fund an additional $22,000 in loan principal repayments in the Sewerage Fund after the pre-payment and finalisation of four outstanding loans in the Sewerage Fund after a review of the Sewerage loan portfolio. This is consistent with a goal of the Financial Sustainability Project Plan (FSPP).

Sustainable Environment and Economy

Additional revenue is occurring in the Development Assessment and Certification and Customer Service Program due to increased development activity.

In the Land and Natural Environment Program, the budget is to be amended to cater for three new Applicant Funded DCP's/LEP's. Note 28 in the Budget Variation Explanations section at Attachment 1 provides more information.

WATER FUND

After completion of the 2013/2014 Financial Statements the Accumulated Surplus (Working Fund) balance for the Water Fund, as at 30 June 2014, is $1,958,400 with capital works reserves of $2,500,200. It also held $9,988,200 in section 64 developer contributions at that time.

The estimated Water Fund reserve balances as at 30 June 2015, and forecast for the first half of 2014/15, is derived as follows:

Capital Works Reserve

Opening Reserve Balance at 1 July 2014	$2,500,200
Plus original budget reserve movement	(246,300)
Less reserve funded carryovers from 2013/2014	(305,800)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(121,200)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	50,500
Forecast Reserve Movement for 2014/2015 – Increase / (Decrease)	(622,800)
Estimated Reserve Balance at 30 June 2015	$1,877,400

Section 64 Developer Contributions

Opening Reserve Balance at 1 July 2014	$9,988,200
Plus original budget reserve movement	(1,230,700)
Less reserve funded carryovers from 2013/2014	(280,400)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	0
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	1,512,400
Forecast Reserve Movement for 2013/2014 – Increase / (Decrease)	1,300
Estimated Reserve Balance at 30 June 2015	$9,989,500

Movements for Water Fund can be seen in Attachment 1, with a proposed estimated increase to reserves (including S64 Contributions) overall of $1,562,900 from the 31 December 2014 Quarter Budget Review.

SEWERAGE FUND

After completion of the 2013/2014 Financial Statements the Accumulated Surplus (Working Fund) balance for the Sewer Fund, as at 30 June 2014, was $1,791,900 with capital works reserves of $3,569,600 and plant reserve of $792,000. It also held $4,939,400 in section 64 developer contributions.

Capital Works Reserve

Opening Reserve Balance at 1 July 2014	$3,569,600
Plus original budget reserve movement	1,438,100
Less reserve funded carryovers from 2013/2014	(282,600)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(146,200)
Resolutions October - December Quarter – increase / (decrease)	(19,100)
December Quarterly Review Adjustments – increase / (decrease)	51,500
Forecast Reserve Movement for 2014/2015 – Increase / (Decrease)	1,041,700
Estimated Reserve Balance at 30 June 2015	$4,611,300

Plant Reserve

Opening Reserve Balance at 1 July 2014	$792,000
Plus original budget reserve movement	0
Less reserve funded carryovers from 2013/2014	0
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	0
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	0
Forecast Reserve Movement for 2014/2015 – Increase / (Decrease)	0
Estimated Reserve Balance at 30 June 2015	$792,000

Section 64 Developer Contributions

Opening Reserve Balance at 1 July 2014	$4,939,400
Plus original budget reserve movement	(993,100)
Less reserve funded carryovers from 2013/2014	(594,500)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(125,000)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	604,600
Forecast Reserve Movement for 2014/2015 – Increase / (Decrease)	(1,108,000)
Estimated Reserve Balance at 30 June 2015	$3,831,400

Movements for the Sewerage Fund can be seen in Attachment 1, with a proposed estimated overall decrease to reserves (including S64 Contributions) of $656,100 from the 31 December 2014 Quarter Budget Review.

Legal Expenses

One of the major financial concerns for Council over previous years has been legal expenses. Not only does this item represent a large expenditure item funded by rate income, but is also susceptible to large fluctuations.

The table that follows indicates the allocated budget and actual legal expenditure within Council on a fund basis.

Total Legal Income & Expenditure as at 31 December 2014

Program	2014/2015 Budget ($)	Actual ($)	Percentage To Revised Budget
Income
Legal Expenses Recovered	9,300	9,750	105%
Total Income	9,300	9,750	105%

Expenditure
General Legal Expenses	274,100	96,650	35%
Total Expenditure General Fund	274,100	96,650	35%

The current status of the Legal Services Reserve is shown below:

Legal Reserve

Opening Reserve Balance at 1 July 2014	$779,100
Less Resolution 12-622	$(46,800)
Estimated Reserve Balance at as at 31 December 2014	$732,300

Fluctuations in legal expenditure can happen rapidly and for reasons not necessarily within Council’s control. Council has developed and is maintaining a legal reserve to enable Council to manage the potential fluctuations. A reserve balance of $600,000 is considered adequate for this purpose at this time.

Financial Implications

The 31 December 2014 Quarter Budget Review of the 2014/2015 Budget did not change the overall budget result. The estimated accumulated surplus (working funds) position attributable to the General Fund did not change either, with this remaining an estimated $1,956,550 at 30 June 2015.

Statutory and Policy Compliance Implications

In accordance with Clause 203 of the Local Government (General) Regulation 2005 the Responsible Accounting Officer of a Council must:-

(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

(2) A budget review statement must include or be accompanied by:

(a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

(b) if that position is unsatisfactory, recommendations for remedial action.

(3) A budget review statement must also include any information required by the Code to be included in such a statement.

Statement by Responsible Accounting Officer

This report indicates that the short term financial position of the Council is satisfactory for 2014/2015, having consideration of the original estimate of income and expenditure and budget revisions as per the 31 December 2014 Quarter Budget Review.

This opinion is based on the estimated General Fund Accumulated Surplus (Working Funds) position and that the current indicative budget surplus for 2014/2015 is maintained in this Budget Review. Notwithstanding this, Council will need to continue to carefully monitor the 2014/2015 budget over the remainder of the financial year.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.11

Staff Reports - Sustainable Environment and Economy

Report No. 13.11 Review of Section 64 Charges

Directorate: Sustainable Environment and Economy

Report Author: Christopher Soulsby, Development Contributions Officer

File No: I2015/35

Theme: Community Infrastructure

Water Supplies – Management

Summary:

This report seeks a resolution of Council to proceed with a review of the Strategic Business Plan, Total Asset Management Plan, Financial Plan and Development Servicing Plans of the Local Water Utility. The report is to inform Council of the parameters to be included in the review and to set out the guidelines and constraints to such a review.

RECOMMENDATION:

1. That the General Manager initiate a review of the Local Water Utility’s:

a) Strategic Business Plan; and

b) Total Asset Management Plan; and

c) Financial Plan; and

d) Development Servicing Plans (DSPs)

2. That the review have consideration for:

a) NSW Best-Practice Management of Water Supply and Sewerage Framework; and

b) the relevant ‘Developer Charges Guidelines for Water Supply, Sewerage and Stormwater’ as determined by the NSW Office of Water; and

c) the quantum of the charges set by the DSPs be benchmarked against adjoining Council areas and if the charges are significantly higher than the adjoining Council’s charges, that the options of cross subsidisation be considered for inclusion into the DSPs.

3. That staff further investigate the mechanisms and options for the transfer of ET entitlements between different parcels of land and that staff seek additional legal advice on this issue. If the legal advice indicates that transfer is permissible then:

a) staff develop a model governance system to keep track of the entitlements; and

b) staff investigate the level of demand amongst the business community for transferable entitlements; and

c) staff undertake a cost benefit analysis of the cost of administering a transfer system with the benefit to the business community.

Attachments:

1 Confidential - Legal Advice, S2013/1482

Report

The purpose of this report is to seek Council’s endorsement for a review of the developer charges (section 64 water and sewer charges) and to set out the process and parameters for that review.

It is not a simple matter to change the section 64 charges.

There needs to be a rigorous process undertaken that meets the requirements of the NSW Department of Primary Industries Office of Water.

Developer charges provide a source of funding for infrastructure. Where the costs of serving new urban development are in excess of the current and expected costs of servicing existing customers, then the additional costs should be recovered from new users in the form of a contribution. These contributions have been the source of some complaint in the business and development community.

This report will set out some options for easing the impacts on the costs of establishing new business in the Shire.

Background

Council has two Development Servicing Plans (DSP) one for water supply and one for sewer.

Rous County Council also has a DSP for the provision of bulk water.

These three DSPs set the charging regime for the provision of water and sewer infrastructure in the Shire. Developer charges relating to a DSP require a review within six years. The current DSPs were implemented on 1 July 2012 and the Executive Management Team of Council has given a clear direction that the two DSPs under the Council’s control require review.

Underlying the DSPs is a Strategic Business Plan and a thirty year capital works program called a ‘Total Asset Management Plan’ (TAMP). These have been prepared in accordance with the Best-Practice Management of Water Supply and Sewerage Framework as set out by the NSW Office of Water.

The NSW Government's Best-Practice Management of Water Supply and Sewerage Framework requires local water utilities to prepare and implement a sound 30-year Strategic Business Plan (SBP) and Financial Plan (FP) for their urban water supply and sewerage businesses. The SBP is due for renewal every eight years and review every four years and Byron Council’s SBP is now due for renewal. The Manager of Utilities has commenced this review by initiating discussions with the consultants HydroScience to update the SBP.

The SBP enables Council to review and update its 30-year Total Asset Management Plan (TAMP). The purpose of the TAMP is to enable the provision of appropriate, affordable and cost effective water supply and sewerage services to meet community needs, while protecting public health and the environment. The review of the TAMP and the preparation of the SBP and FP need to be in accordance with the Strategic Business Planning Check List and the NSW Strategic Business Planning Guidelines.

The NSW Office of Water has issued Developer Charges Guidelines for Water Supply, Sewerage and Stormwater, December 2002 pursuant to section 306 (3)(C) of the Water Management Act 2000. There is also a draft set of guidelines prepared in 2012 by the Urban Water branch of the NSW Office of Water and placed on exhibition for public comment. These guidelines are yet to be adopted, but will likely be the guidelines required to be followed in the preparation of the DSPs.

Matters for Consideration in the Review

In addition to the requirements of NSW Government's Best-Practice Management of Water Supply and Sewerage Framework the review should also consider the following matters:

1. the quantum of s64 charges. These are to be benchmarked to other north coast councils as far as is practicable so as to be competitive

2. nexus: revise the basis for s64 charges to align with current and projected infrastructure needs/capacity and any associated debt servicing commitments not funded from operational budgets

3. apportionment – provide a clear basis for the apportionment of responsibility for the payment of s64 charges

4. transferability – provide a basis for portability of a proportion of a previously paid s64 charge from one property to another

The following comment is made on the additional points to be incorporated into the review:

1 Benchmarking:

It is not an unreasonable approach to benchmark the cost of establishing new businesses or dwellings in Byron Shire against the adjoining LGAs. However the best practice framework and the Developer Charges Guidelines don’t take competitiveness into consideration for the purposes of setting the charge. Their main focus is that the Local Water Utility be run on a full cost recovery basis. They provide a funding source for infrastructure required for new, urban development and they provide signals regarding the cost of urban development and thus encourage less costly forms / areas of development. What the benchmarking will be useful for is to determine who is most impacted upon by the variance in charges between local government areas and to identify what mechanisms can be used to limit the scale of the impacts on different types of development.

The types of development that attracts developer charges can be broken down into two very broad categories, residential and business. The adopted ET policy and Water Directorate guidelines have a much finer level of detail for the calculation of demand for individual use, but for the purposes of this review consideration needs to be given to determining which broad sectors of the development industry are most affected.

Residential: A large proportion of the residential charges are levied at the subdivision stage prior to the release of the subdivision certificate. These charges are paid by the original developer and are then passed on to the purchaser of the land, but they are hidden in the total cost of the land. Because these charges are wrapped up in the price of the land and they only form a small proportion of the price of the land there has been little or no complaint about the charge on residential blocks of land. Developer charges are also levied on residential development where additional dwellings or lots are to be added to existing and these charges are eventually passed on in the purchase price of the dwelling. It is true that these charges have an impact upon housing affordability, however given that these charges only make up a small proportion of the developed land or dwelling cost it is reasonable to assume that there are much bigger factors in play that drive the market price of land. In this regard the developer charge for residential development is relatively price inelastic, that is the increase in price of the developer charge has minimal impact upon the demand for residential land.

Business: The second broad category of development that attracts levies is business. This is effectively all the non residential uses, both commercial and industrial. Anecdotally it is from the high water use businesses that complaints about the quantum of the charges have arisen. Council has not kept a record about the number and type of complaints from businesses relating to s64 charges. The nature of these complaints relates to:

a) timing of the payment

b) unexpected cost to the establishment of a new business

c) inability to transfer contributions from property to property

d) the value of the payment stays with the land and this impacts on the developer where the developer is leasing the land

The issue of the timing of the payment has been partially addressed by allowing payments to be made over a four year period in certain circumstances. The issue of unexpected cost to business can be addressed through better internal processes and provision of early advice to developers prior to lodgement of a development application.

Items c) and d) will be addressed below with reference to transferability.

The cost to the establishment of a business of the developer charges, expected or not, can have a significant impact on the decision to proceed with the business. In this regard, the developer charge for businesses is highly price elastic. That is, a change in price per ET will affect the purchaser’s behaviour and they will either choose not to proceed, or to look for a substitute. In this case, the substitute is potentially moving the business to another LGA with a cheaper charge.

There may be options available to Council to limit the impacts of these charges on businesses that are affected by the price elasticity of the charge. The main mechanism is cross subsidisation from the water and sewer rate. If the benchmarking of the charges shows a large discrepancy between the price per ET in the surrounding LGAs, then the option of cross subsidisation should be considered in the development of the DSP. Council may choose to cross subsidise only the business charge from all water rates, or Council may choose to cross subsidise all developer charges. The scope, application and impacts on the financial plan of the Water and Sewer funds needs to be carefully examined in the process of the review to determine the impacts of cross subsidisation.

2 Nexus: Revise the basis for s64 charges to align with current and projected infrastructure

This is an existing requirement of the TAMP and the Developer Charges Guidelines for Water Supply, Sewerage and Stormwater, December 2002. It is also a requirement of the draft 2012 Guidelines and will be undertaken in the review as a matter of course. This may require adjustments to the existing ET Policy

3 Apportionment

The 2012 draft guidelines provide for the cost of works (Capital Charge) to be apportioned between new demand and the existing population. Specifically the guidelines state:

“These guidelines do not cover cost recovery from existing development as such development is not required to pay a developer charge.”

The 2012 draft guidelines explain the calculation of developer charges as follows:

“The developer charges calculation is based on the net present value (NPV) approach. The fundamental principle of the NPV approach is that the investment in assets for serving a development area is fully recovered from the development. The investment is recovered through up-front charges (ie developer charges) and the present value (PV) of the annual bills to be paid by the development in excess of operation, maintenance and administration (OMA) costs.

The developer charge per equivalent tenement (ET – defined as a detached residential dwelling) is calculated as the PV of the capital expenditures over time required to service the development area (the "capital charge") less the PV of the expected net income over time from providing services to the development area (the "reduction amount").”

In terms of calculation of the capital charge, the existing assets (not reticulation) is accounted for in the following way by the guidelines:

“Existing assets

All existing assets serving a development area should be included in the capital charge, except for 1 and 2 below:

(1) If the capacity of an asset is unlikely to be fully utilised over the planning horizon for calculating developer charges (typically 30 years, but may be over 50 years for assets such as dams and outfalls), then the cost of the capacity for serving development beyond the planning horizon cannot be recovered through developer charges. Underutilisation may occur due to a change in land use. If an asset was constructed to serve earlier development and changes in land use have made surplus capacity available, then it is appropriate to exclude the asset from any subsequent contribution calculation. This will reduce the contributions payable for developments utilising these assets and encourage the use of underutilised assets.

(2) As a general rule, each time a new DSP is prepared, assets that will be more than 30 years old at the commencement of the DSP must be excluded from the capital charge. Exclusion of the asset does not apply to assets such as a dam or outfall in (1) above, which are subject to the documentation and approval requirements in the following paragraph. In addition, if an asset is excluded because it is more than 30 years old and the LWU’s strategic business plan proposes to renew the asset within 10 years, then the renewed asset should be included.”

The guidelines have a different approach to apportionment and the accounting for the replacement of existing assets than would be permissible under the terms of a section 94 plan, EP&A Act. In a section 94 plan the developer cannot be charged for any component of the replacement of an existing asset. This is not to say that either methodology is right or wrong, but is to note that there is a difference in the methodologies. It is clear that the guidelines allow for the replacement of existing assets to be factored into the capital charge.

With regard to the apportionment issue it is proposed that the review of the DSPs be conducted in accordance with the guidelines.

4. Transferability

An ongoing complaint from business is the inability to transfer Equivalent Tenement (ET) entitlements that have been paid for on one particular site to another.

This issue has been explored a number of times. Council has previously sought legal advice on the ability to transfer the entitlements. A copy of the advice is provided as a confidential attachment. The content of the advice is not disputed with regard to the specific questions asked and answered in the advice. Staff have however formulated a possible solution to enable the transfer of ET entitlements between different sites.

An entitlement arises on a site resulting from a development consent, continuing use, or existing use under the Environmental Planning and Assessment Act 1979. Since 2000, subsequent to the issue of a development consent the issue of a Certificate of Compliance under section 307 of the Water Management Act 2000 confirms that the requirements of the water authority have been met. Section 306 of the Water Management Act 2000 enables Council to impose requirements on the development. One of these requirements is the “to pay a specified amount to the water supply authority”, the developer charge.

The development consent is a right that stays with the land. A development consent can confer both the ability to construct works and buildings on the land, as well as a continued right to use the buildings and land for a specified purpose. The bundle of rights associated with a development consent stay with the land regardless of who originally applied for the consent or who leases the land. The 307 certificate of compliance is for development carried out, or proposed to be carried out, within the water supply authority’s area. The 307 certificate, whilst issued under a different Act to the development consent, also accrues additional rights to the land resulting from that development consent. The concept of transferability needs be considered in terms of removal of a right that has accrued to land under two different acts.

The first step to enable a right to be transferred is to remove the ability for the use of the land that benefits from the accrued rights to continue. That is, the right to use the land in the manner granted by the development consent must be removed. There is only one mechanism to enable this to occur and that is the surrender of the development consent. Section 104A of the Environmental Planning and Assessment Act 1979, as set out below, allows for the surrender of a consent:

104A Voluntary surrender of development consent

(1) A development consent may be surrendered, subject to and in accordance with the regulations, by any person entitled to act on the consent.

(2) A development consent may be surrendered under this section even if, on the making of an appeal under section 97 or 98, the consent has ceased to be, or does not become, effective as referred to in section 83 (2).

The regulations provide more detail on the form of the letter to be provided to Council to enact the surrender. Of particular importance is clause 97 (1) (e) that states “if the applicant is not the owner of the land, a statement signed by the owner of the land to the effect that the owner consents to the modification or surrender of the consent or right.” Thus it is only the owner of the land that may surrender a consent.

Once a development consent is surrendered, the use of the land may no longer be continued. The surrender does not invalidate the construction certificates previously issued to enable the construction of the building, nor would it make the building itself unlawful. It would however make the continued use of that building unlawful. In this way the use of the land has ceased and the demand on the water and sewer infrastructure has also ceased.

At this point in the process the right to use the land no longer exists. There are however other rights that have accrued to the land in the form of the payment of the developer charges. The payment of the charges has significantly increased the value of the land. These ET credits resulting from the payments would be taken into consideration in the assessment of the required payments under section 306 of the Water Management Act 2000 if and when a new development application was made for the use of the land. In the absence of a new development consent, there is a net decrease on the demand for water and sewer infrastructure and the credit waits with the land for a new use to occur.

The Water Management Act 2000 is silent on the ability to transfer ET credits from one site to another. Approvals issued under Part 3 of that Act may be surrendered. These approvals however have nothing to do with the 307 Certificate and it should not be taken as an indication that the surrender of a right enables its transfer.

The issue of the transfer of ET credits was raised by staff in the report to Council on the State Significant Development Application for the Byron Central Hospital and was also canvassed by the Department of Planning in their report to the Minister. The Department’s report stated:

“In relation to the section 64 contributions, the proposed development represents a 26 bed demand increase on the existing West Byron Treatment Works system from that which is currently serviced by Council at the existing Byron Bay Hospital. The Department is of the opinion that the applicant contributes to the additional demand generated by its development subject to the closure of the existing Byron Bay Hospital.”

The Department’s report does not go any higher than approaching the issue as net demand assessment subject to the surrender of the consent. It does not go into the legalities of the transfer of the ET credit. It does, however, indicate that the Department believes that transfer is possible.

There are examples in NSW where water entitlements are transferred between land owners. These are water entitlements administered in the Murrumbidgee Irrigation Area (MIA). This is different to a water and sewer entitlement created by a development consent and it operates under different legislation, but it does provide a conceptual framework for an administrative system to keep track of entitlements. Murrumbidgee Irrigation Ltd (MI) manages water use in the Murrumbidgee Irrigation Area (MIA). Developers in the MIA are required to make a permanent transfer of a water allocation to the Town Water supply. Holders of water entitlements may also transfer water entitlements to other landowners. The MI document ‘A GUIDE TO PERMANENT TRANSFERS (PART D)’ found here:

http://www.mirrigation.com.au/ArticleDocuments/193/Customer_Guide_to_PERMANENT_Transfers_22%20Jan%202015.pdf.aspx

sets up a model for the transfer of entitlements.

The ability to transfer ET credits, subject to the surrender of a consent, may be possible and warrants further investigation. It will require a governance framework to set out the rules and mechanisms to transfer the credit. There will be an administrative cost to the system and there will need to be risk management processes set up around the system.

Council should be cognisant that the transfer of an ET entitlement will be of limited financial value to the business community. If the owner of the land allows the transfer of the entitlement, then the land that loses the entitlement has just had its value decreased by the value of the number of ETs transferred. The loss in value is offset by the increase in value to the land which receives the entitlement. If the owner of a business, that is not the owner of the land which holds the ET entitlement, wishes to transfer the entitlement then they would need the land owner’s consent. It is unlikely that the land owner will give their consent without financial compensation. It may be that the administrative costs of setting up a system to transfer ETs outweighs the limited benefits to business.

For Council to further investigate the ability to transfer ET entitlements the following matters need consideration:

a) an updated legal advice that considers the issue of transfer of the entitlement if the development consent is surrendered

b) a governance framework to keep track of the entitlements

c) a method of reporting to prospective purchasers what entitlements exist on the land

d) transferability should be limited to non residential uses

e) a cost benefit analysis of the governance system required to facilitate the transfer of ETs

Financial Implications

The review of the Strategic Business Plan and the DSP could have significant financial implications for the Water and Sewer Fund. The costs of preparation of the SBP and DSP are borne by two Funds and there is no cost to the General Fund of undertaking these reviews. A complete assessment of the financial implications would be done as part of the new Financial Plan for the Water Utility and this would be reported back to Council.

Statutory and Policy Compliance Implications

There are some significant policy changes being raised in this report. Compliance with the NSW Best-Practice Management of Water Supply and Sewerage Framework is essential.

Given the importance of the policy changes and the oversight required, it is recommended that the General Manager be delegated to instruct staff to proceed with the review having consideration for:

i) Strategic Business Plan

ii) Total Asset Management Plan

iii) Financial Plan

iv) Development Servicing Plans

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.15 - Attachment 1

DEVELOPMENT APPLICATION EVALUATION REPORT

Doc No. #A2014/27145

DA No:	10.2014.593.1
Proposal:	Multi dwelling housing (fourteen [14] dwellings)
Property description:	LOT: 1152 DP: 809112, LOT: 1153 DP: 243480 51 Rajah Road OCEAN SHORES, 53 Rajah Road OCEAN SHORES
Parcel No/s:	131940, 74840
Applicant:	Koho Consulting
Owner:	Mr D G Holmes & Ms P C Kingsley & Mr P W Zerbst
Zoning:	R3 Medium Density Residential
Date received:	7 October 2014
Integrated Development:	No
Public notification or exhibition:	- Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications - Exhibition period: 21/10/14 to 3/11/14 - Submissions: Seven (7) received within the exhibition period. Two (2) other written submissions were received outside the exhibition period.
Other approvals (S68/138):	Not applicable
Planning Review Committee:	Considered at meeting held 18 November 2014.
Delegation to determination:	Meeting of full Council
Issues:	· Compatibility with the character of the local area and the impact on streetscape. · Bulk and scale of the proposed buildings. · Potential loss of views and view sharing. · Privacy impacts. · Sloping site (25% gradient slope).
Summary:	Council is in receipt of an application seeking development consent for a multi dwelling housing development made pursuant to Division 1 ‘Infill affordable housing’ of State Environmental Planning Policy (Affordable Rental Housing) 2009 (AH SEPP). The development comprises a total of fourteen (14) single bedroom (or bedsit) dwellings including two (2) adaptable (accessible) dwellings. The dwellings are contained within three (3) separate terraced buildings, with the floor level of each dwelling stepping up in response to the rise in the level of the land. To encourage the provision of ‘affordable housing’ the AH SEPP identifies various matters which Council is not able to use as grounds for refusing the proposed development, these matters include a shortfall in on-site parking. The applicant has proposed a total of nine (9) on-site parking spaces which is two (2) more than the minimum allowable under the AH SEPP. The proposal is considered to satisfy the provisions of Byron LEP 2014 and the controls of Byron DCP 2014 apart from a shortfall in the number of car parking spaces provided on-site (which is allowed by AH SEPP) and a very minor non-compliance with the building height plane. The application was publicly advertised in accordance with the Level 2 provisions of Council’s DCP 2014. A total of seven (7) submissions were received inside the notification period plus two (2) additional submissions received outside the notification period. Following the exhibition of the proposal the applicant made significant modifications to the proposed plans to address matters raised in the submissions. Conditions have also been recommended to address design issues including: a) Lowering the roof height of proposed Dwelling No.10 by changing the dwelling from the a two-storey design to the single storey design consistent with the design proposed dwelling No.5 and No.14; b) The addition of privacy screens on the eastern side of most north facing decks, and c) Underfloor screening for the proposed buildings; The subject site is located within the R3 Medium Density Residential Zone and is directly opposite the site of the Ocean Shores Shopping Centre. The proposal is considered to have sufficient planning merit to be supported subject to conditions included in the recommendation of this report.
Recommendation summary:	That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2014.593.1 for Multi dwelling housing (fourteen [14] dwellings), be granted consent subject to conditions at the end of this report.

1. INTRODUCTION

1.1 History/Background

Lot 1152 DP 809112 (51 Rajah Road) & Lot 1153 243480 (53 Rajah Road)

No recent past development or building applications have been identified for the subject allotment.

1.2 Description of the site and surrounds

The subject site comprises two adjoining allotments on the western side of Rajah Road, street addresses No.51 and No.53 Rajah Road, Ocean Shores, legally described as Lot 1152 DP 809112 (No.51) and Lot 1153 DP 243480 (No.53).

The subject allotments are vacant and without significant vegetation. The level of both the allotments descends from the rear western boundary (approximately RL14.0) down to the Rajah Road frontage (approximately RL6.3). The allotment at No.51 has a property frontage of 28.39 metres to Rajah Road and an area of 895m² while the allotment at No.53 has a property frontage of 27.43 metres to Rajah Road and area of 878m² (combined site area 1773m²).

The Ocean Shores Shopping Centre is directly opposite the site including its main vehicle entry/exit point. Adjoining the subject site to the north is the site of the Ocean Shores Community Centre. Adjoining the site to the rear are multiple dwellings accessed from Nunya Court. Adjoining the site to the south are two allotments 49A and 49B Rajah Road these allotments contain dwelling houses.

It is noted that immediately in front of No.53 is an existing bus stop including shelter structure and concrete stopping bay.

1.3 Description of the proposed development

Council is in receipt of an application seeking development consent for a multi dwelling housing development made pursuant to Division 1 ‘Infill affordable housing’ of State Environmental Planning Policy (Affordable Rental Housing) 2009.

The development comprises a total of fourteen (14) single bedroom dwellings including two (2) adaptable (accessible) dwellings. The dwellings are located in three (3) individual terraced buildings, with the floor level of each dwelling being stepping in response to the rise in the level of the land. The northern most building contains five (5) dwellings, with the dwelling closest to the Rajah Road frontage being an adaptable dwelling design. The central terraced building also contains five (5) dwellings again with the dwelling closest to the Rajah Road frontage being an adaptable dwelling design. The southern most terrace contains only four (4) dwellings.

Each of the dwellings incorporate a skillion roof design. The proposed individual dwellings contain only a single bedroom or comprise an open bedsit configuration. Dwellings No.5 and No.14 are proposed to incorporate a single storey design with a bedsit floor plan. The applicant has provided the following detailed description of each of the proposed dwellings:

Table 1 – Proposed dwelling statistics

Dwelling No.	Internal Size m²	Private Balcony or Terrace m²	Private Outdoor Garden m²	Total Private Outdoor Space m²	Bedrooms	Access from Ground Level
One	52	6	33	39	1	Yes
Two	52	15	19	34	1	Yes
Three	52	15	13	28	1	Yes
Four	52	15	9	24	1	Yes
Five	43	11	43	54	Bedsit	Yes
Six	64	15	15	30	1	Yes
Seven	52	15	0	15	1	Yes
Eight	52	15	0	15	1	Yes
Nine	52	15	0	15	1	Yes
Ten	52	15	0	15	1	Yes
Eleven	52	15	15	30	1	Yes
Twelve	52	15	18	33	1	Yes
Thirteen	52	15	18	33	1	Yes
Fourteen	43	15	39	54	Bedsit	Yes

An uncovered resident car parking area containing nine (9) parking spaces (including 1 accessible parking space) is located adjacent to the Rajah Road frontage in the south-eastern portion of the site. Direct driveway access is proposed to Rajah Road with a gated entry from the south-eastern car park. Timber screen fencing (adjacent to the bin and gas storage areas) and aluminium fencing above rock retaining walls are proposed along the Rajah Road frontage of the site.

A pedestrian and wheelchair entry gate is proposed in the north-eastern portion of the site. With an access ramp proposed between the entry gate and adaptable dwellings No.1 and No.6.

Figure 1 - Proposed site plan showing dwelling footprints, decking, on-site parking and access

Figure 2 – Rajah Road perspective/photomontage of proposed development as supplied by the applicant

Figure 3 – Rajah Road perspective/photomontage of proposed development as supplied by the applicant

Figure 4 – Perspective/photomontage of proposed development as supplied by the applicant.

2. SUMMARY OF GOVERNMENT/EXTERNAL REFERRALS

	Comments
Senior Development Engineer	Council’s Senior Development Engineer has raised no objection to the proposal subject to conditions See Doc No. A2014 27148.
Environmental Officer	Council’s Environmental Officer has raised no objection to the proposal subject to conditions. See Doc No. E2014/78025.
Water & Waste Services	A sewer main is located within the subject site adjacent to the Rajah Road frontage. Discussions have been held with the applicant regarding the location of an existing Council sewer main. Council’s Water and Sewer officer has raised no objection to the proposal subject to Section 68 approval being obtained prior to issue of a construction certificate (location of sewer main to be resolved prior to issue of a construction certificate).
ET Engineer	Council is able to provide water and sewerage services to the site subject to the payment of applicable water and sewer charges. No objection to the proposal subject to conditions. See Doc No. A2014/29658.
Section 94 Officer	No objection to the proposal subject to conditions requiring the payment of applicable Section 94 Contributions.
	No other referrals.

3. SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

Having regard to the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979, the following is a summary of the evaluation of the issues.

3.1. STATE/REGIONAL PLANNING POLICIES AND INSTRUMENTS

State Environmental Planning Policy (Affordable Rental Housing) 2009

Clause and requirement

Assessment

Compliance

6 Affordable housing

Note. The Act defines affordable housing as follows:

affordable housing means housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.

(1) In this Policy, a household is taken to be a very low income household, low income household or moderate income household if the household:

(a) has a gross income that is less than 120 per cent of the median household income for the time being for the Sydney Statistical Division (according to the Australian Bureau of Statistics) and pays no more than 30 per cent of that gross income in rent, or

(b) is eligible to occupy rental accommodation under the National Rental Affordability Scheme and pays no more rent than that which would be charged if the household were to occupy rental accommodation under that scheme.

(2) In this Policy, residential development is taken to be for the purposes of affordable housing if the development is on land owned by the Land and Housing Corporation.

The proposed development is able to satisfy the definition of ‘affordable housing’ within the AH SEPP.

Yes

(subject to conditions)

10 Development to which Division applies

(1) This Division applies to development for the purposes of dual occupancies, multi dwelling housing or residential flat buildings if:

(a) the development concerned is permitted with consent under another environmental planning instrument, and

(b) the development is on land that does not contain a heritage item that is identified in an environmental planning instrument, or an interim heritage order or on the State Heritage Register under the Heritage Act 1977.

(2) Despite subclause (1), this Division does not apply to development on land in the Sydney region unless all or part of the development is within an accessible area.

(3) Despite subclause (1), this Division does not apply to development on land that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use, or within a land use zone that is equivalent to any of those zones.

The subject site is located directly opposite land within the B2 Local Centre Zone. Multi dwelling housing is permissible within the R3 Medium Density Residential Zone.

Yes

13 Floor space ratios

(1) This clause applies to development to which this Division applies if the percentage of the gross floor area of the development that is to be used for the purposes of affordable housing is at least 20 per cent.

(2) The maximum floor space ratio for the development to which this clause applies is the existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus:

(a) if the existing maximum floor space ratio is 2.5:1 or less:

(i) 0.5:1 - if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or

(ii) Y:1 - if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where:

AH is the percentage of the gross floor area of the development that is used for affordable housing.

Y = AH ÷ 100 or

(b) if the existing maximum floor space ratio is greater than 2.5:1:

(i) 20 per cent of the existing maximum floor space ratio - if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or

(ii) Z per cent of the existing maximum floor space ratio - if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,
where:

AH is the percentage of the gross floor area of the development that is used for affordable housing.

Z = AH ÷ 2.5

(3) In this clause, gross floor area does not include any car parking (including any area used for car parking).

The applicant has acknowledged this clause and understands a restrictive covenant will form a condition of any development consent to ensure that 20% of the proposed dwellings will be managed by a community housing provider. This equates to minimum of (3) three dwellings being provided for the purposes of affordable housing.

No floor space bonus has been applied to this development proposal. The proposed FSR is calculated to be 0.42:1.

Yes

(Subject to conditions)

14 Standards that cannot be used to refuse consent

(1) Site and solar access requirements
A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

(a) (Repealed)

(b) site area
if the site area on which it is proposed to carry out the development is at least 450 square metres,

(i) in the case of a development application made by a social housing provider—at least 35 square metres of landscaped area per dwelling is provided, or

(ii) in any other case—at least 30 per cent of the site area is to be landscaped,

(d) deep soil zones
if, in relation to that part of the site area (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) that is not built on, paved or otherwise sealed:

(i) there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area (the deep soil zone), and

(ii) each area forming part of the deep soil zone has a minimum dimension of 3 metres, and

(iii) if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area,

(e) solar access
if living rooms and private open spaces for a minimum of 70 per cent of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

(2) General
A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

(a) parking if:

(i) in the case of a development application made by a social housing provider for development on land in an accessible area- at least 0.4 parking spaces are provided for each dwelling containing 1 bedroom, at least 0.5 parking spaces are provided for each dwelling containing 2 bedrooms and at least 1 parking space is provided for each dwelling containing 3 or more bedrooms, or

(ii) in any other case - at least 0.5 parking spaces are provided for each dwelling containing 1 bedroom, at least 1 parking space is provided for each dwelling containing 2 bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3 or more bedrooms,

(b) dwelling size
if each dwelling has a gross floor area of at least:

(i) 35 square metres in the case of a bedsitter or studio, or

(ii) 50 square metres in the case of a dwelling having 1 bedroom, or

(iii) 70 square metres in the case of a dwelling having 2 bedrooms, or

(iv) 95 square metres in the case of a dwelling having 3 or more bedrooms.

(3) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).

The outdoor decks are located on the northern side of the dwellings maximising solar access.

Site area exceeds 450m².

Satisfies Council’s relevant DCP 2014 requirements with regard to landscaping.

The proposal makes provision for a deep soil area of 270m² (15% of site area).

The proposed high light windows and northern orientation of living areas provide adequate solar access to each of the proposed dwellings.

The applicant has proposed a total of nine (9) on-site parking spaces. Of these spaces one accessible parking space is proposed. It is understood that the applicant is not a social housing provider and is therefore permitted (for single bedroom units) to provide parking at the rate of 0.5 spaces per dwelling, this equates to the provision of seven (7) on-site.

Following a request from Council staff the applicant agreed to submit amended plans to provide an additional two (2) on-site parking spaces. These two (2) spaces exceed the minimum number required to be provided under the AH SEPP.

Each of the proposed dwellings has a gross floor area which exceeds the minimum size specified in the AH SEPP.

Note

these standards cannot be used to refuse consent.

15 Design requirements

(1) A consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that those provisions are consistent with this Policy.

(2) This clause does not apply to development for the purposes of a residential flat building if State Environmental Planning Policy No 65 -Design Quality of Residential Flat Development applies to the development.

The proposal has been modified to achieve what is considered to be an improved design which is consistent with the Urban Design Guidelines for Infill Development. See the Built Environment (Section 3.4) of this report for further assessment of the proposed built form and streetscape.

SEPP No.65 is not applicable for the proposed development.

Yes

16 Continued application of SEPP 65

Nothing in this Policy affects the application of State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development to any development to which this Division applies.

SEPP No.65 is not applicable for the subject development.

Yes

16A Character of local area

A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

As discussed in the Built Environment section of this report the proposed development is considered to be compatible with the character of the local area.

Yes

17 Must be used for affordable housing for 10 years

(1) A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that:

(a) for 10 years from the date of the issue of the occupation certificate:

(i) the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and

(ii) all accommodation that is used for affordable housing will be managed by a registered community housing provider, and

(b) a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.

(2) Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.

Conditions have been included in the recommendation of this report to satisfy the requirements of Clause 17.

Yes

(Subject to conditions)

18 Subdivision

Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.

Noted. Subdivision has not been proposed.

N/A

Policy Summary		Proposed	Complies
State Environmental Planning Policy No. 71 - Coastal Protection	Matters for consideration for development within the coastal zone: - retention of existing public access to the coastal foreshore - impact of effluent disposal on water quality - development must not discharge untreated stormwater into a coastal water body - the suitability of development given its type, location and design and its relationship with the surrounding area SEPP 71 - Clause 8 provides matters for considerations.	The subject site is located within the Coastal Zone. - No public access to the coastal foreshore will be impeded or diminished as part of the proposal - No effluent is proposed to be disposed other than to Council’s sewerage system. - Stormwater is to existing infrastructure - The proposed development incorporates a stepped building design to work with the existing gradient/ topography of the site. The proposal is considered to be satisfactory with regard to the matters for consideration with Clause 8.	Yes Yes Yes Yes Yes
State Environmental Planning Policy No 55 - Remediation of Land	Council must: (a) consider whether the land is contaminated, and (b) if the land is contaminated, if the land is suitable in its contaminated state or after remediation, and (c) be satisfied the land will be remediated before the land is used.	The subject site is considered to be suitable for the proposed development without need for remediation works.	Yes
North Coast Regional Environmental Plan (Deemed SEPP)	The North Coast REP was amended in 2014 to no longer apply to Byron Shire.	N/A	N/A
North Coast Design Guidelines	Provides standards for building design on the North Coast of NSW.	The design is considered to be generally consistent with the guidelines. The floor levels of the proposed dwelling have been stepped to rise with the level of the land and the buildings have been modified to adequately address the Rajah Road frontage.	Yes
NSW Coastal Policy 1997	Development within the Coastal Zone must be consistent with the Aims, Objectives and Strategic Actions of the Coastal Policy.	The proposed development is considered to be consistent with the NSW Coastal Policy.	Yes
Building Code of Australia	The proposal must be capable of compliance with the structural and safety requirements of the Building Code of Australia.	Conditions have been included in recommendation to ensure the BCA requirements are met.	Yes (conditions)
State Environmental Planning Policy. Building Sustainability Index	Provision of BASIX Certificate with appropriate DA detail.	The proposed plans include details as specified on the submitted BASIX Certificates.	Yes
Disability Access (DDA)	Access for persons with disabilities and integration into surrounding streetscapes without creating barriers. (Council Res.10-1118)	The proposal is considered to be consistent with the DDA.	Yes

* Non-complying issues discussed below

3.2. BYRON LOCAL ENVIRONMENTAL PLAN 2014

Zone: R3 Medium Density Residential

Definition: Multi Dwelling Housing

LEP Requirement

Proposed

Complies

Consistency with R3 zone objectives:

• To provide for the housing needs of the community within a medium density residential environment.

• To provide a variety of housing types within a medium density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed development is considered to be consistent with the objectives of the R3 Zone.

Yes

Permissibility - multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.

Multi dwelling housing – condition to require consolidation of the two existing allotments.

Yes

(subject to condition)

4.1E Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings

Multi dwelling housing

Zone R3 Medium Density Residential

800 square metres

The total site area of the two allotments is 1774m².

Yes

4.3 Height of buildings

(2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum height as shown on the map is 9.0m.

Maximum height of the proposed building is 8.15m (maximum roof height of proposed dwelling No.4 is RL 17.15 above existing ground level of RL 9.00.)

Yes

4.4 Floor space ratio

(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. Maximum FSR shown on the map is 0.6:1.

The proposed development has been calculated to propose a FSR of 0.41:1. (Gross floor area of 722m² with a total site area of 1773m².)

Yes

5.5 Development within the coastal zone

(2) Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered:

(a) existing public access to and along the coastal foreshore for pedestrians (including persons with a disability) with a view to:

(i) maintaining existing public access and, where possible, improving that access, and

(ii) identifying opportunities for new public access, and

(b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account:

(i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and

(ii) the location, and

(iii) the bulk, scale, size and overall built form design of any building or work involved, and

(i) any significant overshadowing of the coastal foreshore,

(ii) any loss of views from a public place to the coastal foreshore, and

(d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and

(e) how biodiversity and ecosystems, including:

(i) native coastal vegetation and existing wildlife corridors,

(ii) rock platforms, and

(iii) water quality of coastal waterbodies, and

(iv) native fauna and native flora, and their habitats,

can be conserved, and

(f) the cumulative impacts of the proposed development and other development on the coastal catchment.

(3) Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority is satisfied that:

(a) the proposed development will not impede or diminish, where practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and

(b) if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and

(c) the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and

(d) the proposed development will not:

(i) be significantly affected by coastal hazards, or

(ii) have a significant impact on coastal hazards, or

(iii) increase the risk of coastal hazards in relation to any other land.

The proposed development does not restrict public access to the coastal foreshore.

The subject site is located within an existing urban area and should not have any unacceptable impacts on the coastal zone.

The proposal is considered to be acceptable in terms of overshadowing, visual amenity, biodiversity and ecosystems, or cumulative impacts.

The development is able to be connected to existing water, sewerage, and drainage services.

Yes

6.1 Acid sulfate soils

3	Potential Class 3 Acid sulphate soils - Works more than 1 metre below the natural ground surface. Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.

The proposed footings and excavation works should not encounter acid sulphate soils.

Yes

6.2 Earthworks

(3) In deciding whether to grant development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters:

(a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,

(b) the effect of the development on the likely future use or redevelopment of the land,

(d) the effect of the development on the existing and likely amenity of adjoining properties,

(e) the source of any fill material and the destination of any excavated material,

(f) the likelihood of disturbing relics,

(g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,

(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

Excavation works associated with the proposed parking area adjacent to Rajah Road reach a maximum depth of 1.1 metres. A retaining wall is proposed for stabilisation. The excavation material will be able to be used elsewhere on the site.

The proposed earthworks are considered to be acceptable with regard to the matters listed in Section 6.2.

Yes

6.6 Essential services

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

(a) the supply of water,

(b) the supply of electricity,

(d) stormwater drainage or on-site conservation,

(e) suitable vehicular access.

The subject land is located centrally within an existing urban area with all services available.

Yes

6.7 Affordable housing in residential and business zones

(1) The objectives of this clause are as follows:

(a) to increase the supply of affordable housing for very low, low and moderate income earning households,

(b) to provide accommodation to support a diverse residential population inclusive of all income groups within Byron,

(d) to ensure that affordable housing is identified by the Council as in demand and located close to transport and services appropriate to the intended households.

(2) Development consent must not be granted for the purposes of residential accommodation or to the subdivision of any land in Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone B2 Local Centre or Zone B4 Mixed Use unless the consent authority has considered:

(a) the need for providing, maintaining or retaining affordable housing, and

(b) the need for imposing conditions relating to providing, maintaining or retaining affordable housing including, but not limited to, imposing covenants and the registration of restrictions about users.

(3) For the purposes of this clause, affordable housing means housing for very low income households, low income households or moderate income households.

All matters raised in Clause 6.7 have been given consideration. A demand for affordable housing within Byron Shire is acknowledged. Conditions have been included in the recommendation to require the provision of a minimum of three (3) dwellings as affordable housing and for the housing to be managed by a social/community housing provider.

Yes

(subject to conditions)

Draft EPI that is or has been placed on public exhibition and details of which have been notified to the consent authority

No Draft Environmental Planning Instruments relevant to the proposed development have been identified.

3.3 DEVELOPMENT CONTROL PLAN 2014

Byron Development Control Plan 2014

Control

Assessment

Compliance

Section B7 Mosquitoes and biting midges

B7.2.1 Mosquito and Biting Midge Risk Zones

The following measures apply to areas identified in Map B7.1. Development Applications must address biting insect mitigation and management issues.

Where the presence of biting insect risk is disputed, the onus of proof is on the developer to demonstrate that mosquitoes and biting midge nuisances and/or associated disease problems are not serious. In those cases it will be necessary for the developer to submit a report prepared by a suitably qualified and experienced entomologist engaged to carry out the scientific investigations necessary to evaluate Mosquitoes and Biting Midge nuisance and/or disease risks. The report will need to address the issues in Table B7.1. Furthermore it will be necessary for both the entomologist and his/her proposed methodology to be acceptable to the Council.

The site is located within an identified risk zone shown on Map B7.1.

It is not considered warranted in this instance (in view of the separation distance of the subject site from the potential source of flying insects) to require a report from a suitably qualified and experienced entomologist addressing mosquito and biting midge risks and management measures.

Yes

B7.2.2 Strategies and Guidelines for proposed developments within risk zones

a) All development must provide effective insect screening to all windows, doors and other openings to all parts of the development used for residential purposes.

b) All development must incorporate an effectively screened outdoor area of a size commensurate with the number of people who are likely to use it, to enable an outdoor lifestyle to continue to be enjoyed during periods of high mosquito and biting midge activity. This may be a communal area for development incorporating more than one dwelling or more than one tourist accommodation unit.

c) Measures arising from the entomologist’s recommendations to minimise the potential impact on residents from mosquitoes and biting midges must be based on a demonstrated investigation strategy and sound knowledge of all the nearby habitats that could be expected to significantly affect the breeding and harborage of mosquitoes and biting midges.

d) Establishment of any buffers required must be within the development site and not reliant upon neighbouring or adjoining land, public reserves, Crown Land and Nature Reserves. Buffers must be on land of low biodiversity significance.

A condition has been included in the recommendation to require that all windows and doors of the proposed dwellings are to incorporate fly/insect screens.

Yes

(Subject to condition)

Section B8 Waste Minimisation and Management

B8.4.2 Multi Dwelling Housing

A Site Waste Minimisation and Management Plan (SWMMP) is to be submitted with a Development Application and must show all matters specified within Section B8.4.2.

The applicant has submitted a SWMMP generally in accordance with B8.4.2 using Council’s standard template form. The applicant submitted more detailed SWMMP plan details on 10 February 2014.

Yes

(subject to condition)

Section B9 Landscaping

B9.4.1 Multi Dwelling Housing

The following design requirements apply to multi dwelling housing, attached dwellings and residential flat buildings developments:

- retention of suitable existing vegetation;

- screen planting to street frontages and driveway areas, to provide privacy between dwelling houses and around the boundaries of the site;

- provision of pleasant landscaped settings for the enjoyment of residents;

- planting selection that relates to building scale and mass.

The common landscaped area of the site must not be less than the total of the areas required for each dwelling house, calculated from the following table, less the total of the areas of approved private courtyards and approved private open space balconies in accordance with Chapter D1 Residential Development in Urban and Special Purpose Zones.

Common Landscape area requirements:

Table B9.1 – Dwelling Size to Landscape Area

Dwelling(D) Size	Landscaped Area(D)
Small - under 55 m2 in floor plan area(D)	50 m2
Medium - 55-85m2 in floor plan area(D)	70 m2
Large - over 85 m2 in floor plan area(D)	90 m2

The proposal includes 13 dwellings with a floor plan under 55m² (13 x 50m²=650m²) + 1 dwelling with a floor plan area 55m²-85m² (1 x 70m²) = 720m².

Combined area of private open space balconies and/or private open space is 256m².

Common landscape area required is (720m²-265m²) 464m². The proposed development provides a common landscape area of 535m² (excluding hard surfaces).

The proposed development is considered to satisfy the landscape requirements of Clause B9.4.1 including adequate screen plantings adjacent to Rajah Road.

A condition has been included to require the replacement of the proposed medium height trees (max height 6-10 metres) with lower height shrubs in attempt to maintain the eastern outlook from the adjacent dwelling to the rear.

The proposed development exceeds the minimum common landscaped area requirements. It is also noted that the AH SEPP specifies at least 30 per cent of the site area is to be landscaped, and if so Council is not able to use ‘landscaped area’ as a grounds for refusal.

Yes

B9.4.2 Common Landscaped Areas

A minimum of 75% of the total common landscaped area of the site must consist of deep soil areas. Areas of landscaping over underground car parks, and the like, cannot be included in the calculation of deep soil areas.

The landscape design must address:

- the retention and provision of appropriate trees on the site;

- the use of earth mounding and terraced areas to create useful and visually pleasing recreation areas and to assist screening;

- the orientation of landscape areas with regard to sunlight and prevailing winds;

- the provision of sufficient areas adequately shaded against the summer sun and giving adequate access to the winter sun.

- Areas used for the management of on-site sewage effluent must be excluded from calculations of the common landscaped area.

More than 75% of the common landscape area consists of deep soil area.

The proposed landscape plan is considered to provide adequate plantings to satisfy the specified landscape design measures.

Yes

Chapter B13 – Access and Mobility

B13.2.2 Multi Dwelling Housing

Design and Access in accordance with AS1428.1 – Design for Access and Mobility –General Requirements for Access – New Buildings (for class 3, 5, 6, 7, 8 and 9 buildings) and AS 4299 -Adaptable Housing must be provided to and within new developments and major alterations for residential development to which this Section applies as follows:

Development is required to comply with the BCA accessibility standards applicable for accessible dwellings. The proposed two adaptable units are able to be adapted to provide accessible housing in accordance with DCP 2014.

Yes

Chapter B14 – Excavation and Fill

Unless otherwise stated, excavation and filling must be limited to a depth of 1 metre.

The maximum excavation restriction is not applicable where the excavation is incorporated into the dwelling structure to satisfy minimum car parking requirements up to a maximum height of 2 metres.

Excavation to provide the open parking area has a maximum depth of 1.1 metres. It is considered the location of the cut under the balcony of proposed Dwelling No.11 satisfies this control.

Yes

Section D1.2 General Provisions

D1.2.1 Building Height Plane

The proposed development is able to comply with the BHP apart from a very minor encroachment adjacent to the southern boundary for proposed dwelling No.11. *See DCP 2014 issues section of this report for the assessment following this Table.

No*

D1.2.2 Setbacks from Boundaries

Minimum Street Frontage Setbacks

A minimum setback of 4.5metres is to be provided to non-classified roads.

3. Minimum Setbacks for Residential Flat Buildings and Multi-Dwelling Housing

Side and rear setback – 1.5 metres for single storey; otherwise governed by the building height plane.

Rajah Road is not a Classified Road. The proposal incorporates a front setback of 4.5 metres for Dwellings No.1 and No.6.

Yes

D1.2.3 Screening the Underfloor Space of Buildings

A condition has been included to require sub-floor screening for all exposed sub-floor areas of the proposed buildings.

Yes

(Subject to condition)

D1.2.4 Character & Visual Impact

Amended plans have been submitted by the applicant following discussions with the Assessing Officer. It is considered the final revision of the proposed plans which incorporates a skillion roof design is compatible with the character of other development within the R3 Medium Density Housing zone.

Yes

D1.2.5 Fences

Front Fence	1.2 metres.
Side Fence	1.2 metres within the building line setback and 1.8 metres for the remainder.
Rear Fence	1.8 metres. Where the rear fence is the primary frontage front fence height provisions may apply.

A condition has been included to require that front fencing not exceed 1.2 metres in height (except for the screen enclosures for the bin storage area and gas bottle enclosure).

Yes

D1.2.7 Pedestrian and Cycle Access

Development applications for residential accommodation of more than 3 dwellings must demonstrate that the pedestrian/cycleway network detailed in Council’s adopted Byron Shire Bike Strategy and Action Plan will be incorporated into new development.

Refer to Chapter B5 Providing for Cycling and Chapter B13 Access and Mobility.

The proposed development provides adequate connectivity to the local bicycle network.

Yes

Section D1.6 Multi Dwelling Housing, Residential Flat Buildings and Attached Dwellings

D1.6.1 Private Open Space Courtyards

Each dwelling must have access to an individual courtyard at ground level having a minimum area of 30m² and a minimum length and width each of 4 metres, not including any area used exclusively for the circulation or parking of vehicles. The courtyard must be designed to facilitate access to winter sunshine and must be landscaped to Council’s satisfaction.

The private open space area must not include any areas used for the management of on-site sewage effluent.

Each of the proposed dwellings has its own open space balcony apart from dwellings No.1 and No.5 which have more than 30m²of private open space at ground level. The proposed landscaping and orientation of the courtyards is considered to be acceptable.

None of the private courtyards include any areas used for the management of on-site sewage effluent.

Yes

D1.6.2 Open Space Balcony

This provision is only activated when it is not possible to allocate private open space at ground level.

A private open space balcony must have a minimum area of 15m² and a minimum length and width of 2.4 metres. A private open space balcony must be demonstrated to have appropriate orientation and adequate provision for winter sun and summer shade.

The subject site comprises steeply sloping land. In view of the topography private open space balconies have been proposed at ground floor level for each of the proposed dwellings apart from dwellings No.1 and No.5 which have ground level private open space. Balconies with a minimum area of 15m² have been provided.

Yes

D1.6.3 Landscaping

The applicant has submitted a landscape plan which is considered to satisfy the requirements of Section D1.6.3.

Yes

D1.6.4 On-Site Car Parking

Refer to Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access for detailed provisions regarding vehicle access, numbers, dimensions and layout of car parking spaces.

Large areas of car parking must be broken up by variation in layout, pavement treatment, landscaping, mounding and/or other means to Council's satisfaction.

One (1) parking space would be required for each single bedroom dwelling under the DCP 2014 Chapter B4 and one (1) visitor parking space for each 4 dwellings or part thereof. Accordingly DCP 2014 requires the provision of eighteen (18) parking spaces including 14 resident parking spaces and 4 visitor parking spaces. A total of nine (9) on-site parking spaces are proposed to be provided.

DCP 2014 also requires that each car spaces are to be covered.

No*

D1.6.5 Sound Proofing

Division walls between dwellings must be of sound-resisting construction to Council's satisfaction.

The floors in single storey multi-dwelling housing, residential flat buildings and attached dwellings must be so constructed or treated as to minimise the conduct of sound between dwellings.

It is understood that the BCA construction requirements provide for adequate sound insulation between dwellings.

Condition

D1.6.6 Clothes Drying Facilities

Prescriptive measures

The minimum provision of clothes drying facilities must be at the rate of 7.5 metres of line per dwelling, located in suitably screened external drying areas.

A suitable external clothes drying area has been proposed for each dwelling at ground level.

Yes

D1.6.7 Equity of Access and Mobility

Provision for access and mobility must be made pursuant to Chapter B13 Access and Mobility.

B13.2.2 Multi dwelling housing

Design and access to accord with AS1428.1.

Dwelling units: a minimum of 10% units should be adaptable housing. Access to the upper level of townhouses can be by lift, stair lift, inclinator or platform lift in accordance with Australian Standards.

Access: A continuous path of travel in accordance with AS1428 between main street entrance to residential complex.

Car Parking: At least one accessible car parking space for the disabled must for each adaptable housing unit.

The proposed development incorporates two (2) adaptable dwellings by way of a two storey dwelling which has the potential for the internal stair case to be replaced by an elevator shaft.

Access between the main access and the proposed adaptable unit would only be possible by the later insertion of an elevator.

One (1) accessible parking space is proposed.

Yes

D1.6.8 Pipes and Vents

All service pipes and vents must be concealed within the walls of residential flat buildings, multi-dwelling housing and attached dwellings. Provision of recessed service pipes in external walls may be acceptable where it is demonstrated that the proposal is consistent with the Objectives.

Access to pipes and vents must be provided as required by relevant authorities.

The proposed plans do not indicate that pipes and vents will be external to the proposed building.

Yes

D1.6.9 TV Antennae

Each development must be provided with a common television reception system designed to minimise adverse visual impacts whilst enabling high quality reception for each dwelling.

A condition has been included to require a common television reception system.

Condition

D1.7.1 Affordable Housing in R2, R3, B2 and B4 Zones

1. Council shall consider the matters listed in clause 6.7 Affordable housing in residential and business zones of LEP 2014 when considering development applications in Zones R2, R3, B2 or B4 for:

a) subdivision of 25 or more lots where a diversity of lot sizes can be provided;

b) residential accommodation of 25 or more dwellings where a diversity of dwelling types can be provided;

c) redevelopment of existing housing where a reduced number of dwellings and/or a reduced diversity of dwelling types are proposed.

2. Council may consider applying a condition to the development consent for affordable housing requiring that the development not be used for the purposes of tourist and visitor accommodation including holiday letting.

3. Council may consider varying density controls for subdivision to allow additional lots to be created for dedication to a public housing provider.

4. The meaning of ‘very low income household’, ‘low income household’ and ‘moderate income household’ is the same as provided in clause 6 of State Environmental Planning Policy (Affordable Rental Housing) 2009.

The proposal is considered to be acceptable having regard to the matters in Section D1.7.1.

Yes

Development Control Plan 2010 - Issues

1. Building Height Plane

1. The building height plane in combination with boundary setbacks prescribed in this DCP, and building height prescribed in the Byron LEP 2014, form the maximum building envelope for all residential development other than for shop top housing and ancillary dwellings in Zones IN1, IN2 and B7.

2. An exemption from the building height plane may be considered in relation to one or more boundaries in the following circumstances:

- where the floor level is required to be above ground level to comply with Council’s requirements for flood protection; or

- for the zero lot line boundaries of semi-detached dwellings and attached dwellings; or

- in circumstances referred to in Prescriptive Measure 2. of Section D1.2.2.

Assessment: The proposed development encroaches within the BHP adjacent to the southern boundary (see Figure 5 below). The proposed encroachment is considered acceptable in this instance as the subject site is flood liable land and the ground floor of the premises is required to be raised to achieve Council’s flood planning level. In addition eastern boundary of the site adjoins Kendall Street and the encroachment will detract from the solar access, privacy or views of any nearby residential property.

Figure 5 – Very minor encroachment with the building height plane for dwelling No.11 adjacent to southern boundary

2. On-site car parking

Council’s DCP 2014 Chapter B4 requires the proposed development to provide eighteen (18) on-site parking spaces including four (4) visitor spaces (a covered space is also required for each dwelling). The proposed development provides a total of nine (9) on-site parking spaces none of which area covered by a roof.

The SEPP (Affordable Rental Housing) 2009 specifies that a consent authority (Council) must not refuse consent to development to which this Division (Infill Affordable Housing) applies on the grounds of parking if:

- in the case of a development application not made by a social housing provider at least 0.5 parking spaces are provided for each dwelling containing 1 bedroom.

As specified earlier in this report the proposed development is required to provide a minimum of seven (7) on-site parking spaces. The proposed development provides a total of nine (9) on-site parking spaces which is two (2) more than minimum, as such Council is unable to refuse development consent on the grounds of parking. Council’s Senior Development Engineer has raised no objection the proposal with regard to DCP 2014 car parking and access requirements.

3.4 The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

Built Environment

Character of local area

The original design placed on public exhibition proposed a high pitched roof which was not considered to be a common characteristic of the residential development in the surrounding area (see Figure 6). Following discussions with the applicant amended plans were received incorporating a skillion roof design and front facades which better address the Rajah Road frontage (see Figure 7). The division or massing of the proposed development into three individual buildings as now proposed is considered to be compatible with the character of the local area.

Figure 6 - Rajah Road elevation as originally proposed

Figure 7 – Rajah Road elevation as amended

Privacy

The proposed dwellings have ground floor living areas with outdoor decking located predominantly northern side of each building. To maintain a level of privacy between individual northern side decks a condition has been included to require 1.8m high timber privacy screens to be erected on the eastern side of each of the northern deck areas.

Overshadowing

The applicant has submitted shadow diagrams which demonstrate that the proposed modified development should not have any unacceptable overshadowing impacts on neighbouring properties to the south.

Natural Environment

The subject site is vacant land and does not contain any existing trees. The proposed development is unlikely to have any unacceptable impacts on the natural environment.

Social and economic impacts

The proposed low cost residential accommodation located adjacent to a local shopping centre is of limited supply. The proposed development is unlikely to have any unacceptable social or economic impacts in the locality.

3.5 The suitability of the site for the development

The subject site is located within the R3 Medium Density Residential Zone and directly opposite the site of the Ocean Shores Shopping Centre. The subject site has a public bus stop located on its Rajah Road frontage (with Brunswick Valley Coaches currently operating bus services Monday to Saturday).

Whilst the level of the subject site has a gradient of approximately 25% the site is centrally located within the urban area and presents significant planning merit for medium density residential housing.

3.6 Submissions made in accordance with this Act or the regulations

The application was notified in accordance with the Level 2 provisions of Council’s DCP 2014, Section A14. Council’s records indicate that a total of nine (9) submissions were received however it is noted that two (2) of these submissions were received outside the formal notification period.

“Below is a table providing a summary of submissions and staff responses. However, Councillors also need to refer to the full copies of all submissions which have been provided on disc, strictly on a confidential bases, to Councillors. The full copies of the submissions contain personal information such as names and addresses of the persons lodging submissions which are relevant matters to be taken into consideration in determining this matter”

Summary of issue

Comment

Objection to high density housing development in an area considered to be completely inappropriate. A total of fourteen (14) units on an area of only 1773m².

The proposed development is a form of medium density housing. The proposal is considered to be consistent with the objectives of the R3 Medium Density Residential zone.

Multi dwelling housing development does not have a specific control within Council’s LEP 2014 and DCP 2014 to limit the maximum number of dwellings permissible.

Surrounding residences are ‘houses’ not multi dwelling housing or high density housing. The proposed development is out of character with the surrounding neighbourhood. The proposed buildings are not consistent with others in the street.

Concerns regarding the appearance of the high pitched roof design of each of the dwellings.

Concerns regarding the appearance of large gates to the parking area detracting from the streetscape.

The adjoining allotments to the rear of the site each contain medium density housing developments. There are also a number of medium density housing developments located within surrounding R3 Medium Density Residential Zone. As discussed in Section 3.4 of this report the proposed development is considered to be compatible with the character of the surrounding neighbourhood.

On the original proposed plans that were publicly exhibited each of the proposed dwellings incorporated a high pitched roof design. The amended plans incorporate a lower skillion roof design.

A condition has been included to limit the height of the proposed gates and fencing located forward of the front building line to maximum height of 1.2 metres (the screen enclosures for the bin and gas storage areas are not to exceed 1.8 metres in height).

Insufficient car parking is to be provided with only seven (7) spaces to service a total of fourteen (14) dwellings. There are no parking spaces for visitors, carers or care service providers.

As discussed in the Section 3.1 of this report the State Environmental Planning Policy (Affordable Rental Housing) 2009 restricts the grounds for which Council may refuse to grant consent. The applicant is therefore able (for single bedroom units) to provide parking at the rate of 0.5 spaces per dwelling, this equates to the provision of seven (7) on-site parking spaces.

Following a request from Council staff the applicant agreed to submit amended plans to provide an additional two (2) on-site parking spaces. These spaces exceed the minimum number required to be provided by SEPP 2009.

The bulk and scale of the development is excessive on steeply sloping site on unstable land (risk of landslide).

Council’s Senior Development Engineer has assessed a Geotechnical Report prepared by Australian Soil and Concrete Testing Pty Ltd dated 23 July 2014. With regard to land instability a condition is included in the recommendation to require the submission of certification from a professional Engineer experienced in soil mechanics prior to issue of a construction certificate.

Concerns the proposed development contains only single bedroom units which don’t provide affordable housing for families with children. The development is not consistent with the principle “to encourage development that contributes to a vibrant, socially-diverse community”. The development is encouraged to incorporate a mix of unit sizes to cater for low and medium income to meet the definition of affordable housing.

It is acknowledged that the proposal incorporates only small single bedroom dwellings and a variety of affordable housing sizes is desirable. However there are no specific planning controls to require diversity in the size of affordable housing. It is also noted there is a predominant supply of larger forms of residential dwellings within the Ocean Shores urban area and this form of accommodation would add to the diversity of available dwellings.

The proposal will result in a reduction in nearby property values.

No evidence has been submitted to Council to demonstrate that the proposed development will reduce the value of adjacent properties.

The proposal will result in traffic problems. The Rajah Road frontage is quite dangerous when it comes to crossing as there is a curve to the south of the site and the road is busy. The site is also opposite the main vehicle entrance to the Ocean Shores Shopping Centre

The application has been assessed by Council’s Senior Development Engineer who has raised no objection to the proposal with regard to the proposed access arrangement to/from Rajah Road.

Rear boundary fence is essential for residents of adjacent property.

A condition has been included in the recommendation to require the development to include a boundary fence for any areas along the rear boundary which do not already include a 1.8 metres high fence.

The proposed development will create an undesirable precedent in Ocean Shores.

A number of medium density housing developments already exist within the R3 Medium Density Residential Zone within Ocean Shores. Each individual development application is required to be assessed on its own individual merits.

This development is supposed to be managed by a registered community housing provider for a ten (10) year period. What will happen to the development after the ten year period, who will manage the development afterwards?

As stipulated by the Affordable Housing SEPP 2009 at the completion of the ten (10) year period a minimum of three (3) dwellings will no longer be required to be managed by a community housing provider.

Under the design guidelines this is supposed to be for seniors living. Even with paths the hill on which the development would be constructed is not suitable for a seniors development.

The proposed development is considered to satisfy the ‘Senior living policy - urban design guidelines for infill development’ as noted in Section 3.1 of this report. The proposal adequately address the ‘urban design matters’ within the guideline. The proposal is not for Seniors living accommodation.

Concerns the residents of the development will not have access to parklands or open green space in this part of Ocean Shores.

The site is constrained by a public bus stop on Rajah Road. Children play on the land behind the bus stop while waiting for a bus. It is suggested that the land behind the bus stop be incorporated into the land of the community centre to provide land for future community use and potential expansion of the community hall.

Noted.

The site is not well served by public transport. On weekends and during the night there are no bus services.

Noted.

Concerns regarding the height and close proximity of the proposed dwellings No.11 to 14 to a dwelling at No.1 Nunyar Court. Proposed dwelling No.14 is markedly higher than the other two rows of units and exceeds the nine (9) metre height limit. This also causes unacceptable overshadowing of the adjacent dwelling at No.1 Nunyar Court around 9am.

On the original proposed plans that were publicly exhibited each of the proposed dwellings incorporated a high pitched roof design. The amended plans incorporate a lower skillion roof design.

The revised plans have lowered the height of dwelling No.14 from RL 20.45 to RL 19.05 a height reduction of 1.40 metres. The proposed development is not considered to have any unacceptable overshadowing impacts.

Concerns regarding the proposed planting of eucalypt trees along the rear boundary of the site as the trees will grow to a size which is inappropriate for a residential area with large limbs falling and invasive root systems.

A condition has been included in the recommendation of this report to require the proposed medium height trees to be replaced with shrubs and screen plantings with a maximum height of 2-3 metres.

Concerns regarding the ceiling height in the upper level bedroom of each of the two storey dwellings.

The typical dwelling format proposed for the majority of the proposed dwellings has a minimum ceiling of approximately 2.4m rising to 3.31m. The proposal will be able to comfortably comply with BCA minimum ceiling height requirements.

No noise attenuation measures are proposed within the development. The community hall located on the adjoining property to the north is allowed to operate 7 days per week and has activities that include music and live performances.

The proposed development is not compatible with the Byron Shire LEP “to minimise conflict between land uses within a zone and adjoining zones and ensure minimal impact of development on the amenity of adjoining and nearby land uses”.

The proposed building will be required to comply with the Building Code of Australia minimum building standards for noise attenuation. Both the subject site and the adjoining Community Hall are located within the R3 Medium Density Residential Zone, a Zone which encourages medium density housing. Any excessive noise generated by activities at the Community Hall will need to be managed in accordance with the NSW Protection of the Environment Operations Act 1997.

Concerns regarding mosquitoes or midges as a result of proximity to mangrove areas.

A condition has been included in the recommendation to require all windows and doors to include fly/insect screens.

Concerns regarding the possible loss of ocean views from dwellings located to the rear of the site.

A detailed view sharing assessment against the view sharing principles adopted by the NSW Land and Environment Court has been undertaken. Please refer to table following.

View Sharing Assessment

It is necessary to consider the loss of views as claimed by the adjoining resident and in this regard the NSW Land and Environment Court has provided guidance in the form of Planning Principles.

In the appeal decision Tenacity Consulting v Warringah Council, 2004, the principles of view sharing was considered and the commissioner established a four step assessment. The four step assessment has been completed and following is a summary of the findings.

Figure 1 – View from ground floor rear deck of existing dwelling at No.1/1 Nunyar Court

Figure 2 – View from ground floor rear deck of existing dwelling at No.3/1 Nunyar Court

Figure 3 - View from yard deck of existing dwelling at No.2/1 Nunyar Court

Figure 4 – View from first floor bedroom window over roof of existing dwelling at No.1/1 Nunyar Court

1. Assessment of the views affected from property at No.	Summary comments
Water views are valued more highly than land views. Water views in which the interface between land and water is visible is more valuable than one in which it is obscured.	As can be seen in Figures 1, 2 & 3 only very limited water views are available from the ground floor of the three (3) dwellings at No.1 Nunyar Court. Slightly improved water views are available from first floor level of those dwellings. Views of the interface between water and land are not available from any vantage point on these properties.
Iconic views	No views of local/regional icons were apparent.
Whole or partial views	The similar view from each of the dwellings is a partial (very limited and distant) ocean view.
2. Where are the views obtained from
Side, front or rear	The views are available from various points at the rear of each of the properties at No.1 Nunyar Court.
Sitting or standing	Views are available of the water from a seated and standing position from the rear balconies and first floor rear windows and some parts of the rear yards.
Expectation to retain views - reasonable or unreasonable	The expectation to retain the limited views across the subject site may be considered reasonable as the site is located to the rear and the level of the land falls away steeply. However development which satisfies all relevant planning controls may also reasonably be expected.
3. Extent of the impact
Impact on whole or part of property	The view loss expected will (to a varying extent) affect views from limited ground floor points of the properties at No.1 Nunyar Court. Views would remain available from all vantage points at No.20 apart from the ground level BBQ area where view will largely be lost.
Where is the view from? · Living area · Bedroom · Service area	The views are primarily from the rear balconies, and glazed doors/windows for living areas and bedrooms windows at first floor level.
What is qualitative assessment of view loss? Negligible, minor, moderate, severe or devastating	Following the submission of amended plans, the potential view loss for the dwelling at No.1/1 Nunyar Court is considered to be moderate. Whilst the view loss from No.2/1 Nunyar Court and No.3/1 Nunyar Court is considered to be minor.
4. Reasonableness of the proposal
Does the development breach other relevant planning controls?	The proposal does not involve any substantial breaches of the planning control relating to the building height plane in the view corridor for the dwellings at No.1 Nunyar Court.
If complying, would an amendment to the design be reasonable	The fourth step of view sharing assessment specifies, in part, “With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours.” In light of the above a conditions has been included in the recommendation to make what are considered to be reasonable modifications to the design to maximise the limited view these properties. A condition has been included to require an amended plan for dwelling No.10 to convert this dwelling from a two storey dwelling to a single storey dwelling (the same as dwelling No’s 5 and 14.

View sharing conclusion:

The three (3) dwellings at No.1 Nunyar Court gain limited ocean views across the subject site. These views could be substantially lost for the dwelling at No.1/1 Nunyar Court. The proposed compliance with the building height plane control within the view corridor is acknowledged. However in this instance it is considered to be reasonable to impose a condition which reduces the height of proposed dwelling No.10 to better allow for view sharing.

Conditions have been included in the recommendation of this report to require the following design modifications:

a) Amended plans are to be submitted which modify proposed dwelling No.10 from the two-storey design to a single storey design (consistent with the design of proposed dwellings No.5 and No.14) prior to issue of a construction certificate.

3.7 Public interest

Subject to conditions included in the recommendation the proposed development is not considered to be contrary to the public interest. The provision of affordable rental accommodation is considered to be in the public interest.

4. DEVELOPER CONTRIBUTIONS

4.1 Water & Sewer Levies

The water and sewerage load generated by the proposed multi dwelling housing development is:

Development	Area (m²)	ET Rate		ET
Development	Area (m²)	Water	Sewer	Water	Sewer
Multi-storey Apartments Ref 4.1	Dwelling	0.33	0.50	4.62	7.00
TOTAL				4.62	7.00

Therefore, this development generates an additional load of

· 4.62 – 2.00 = 2.62 ET onto Councils Water & Bulk Water; and

· 7.00 – 2.00 = 5.00 ET onto Councils Sewer.

Council can supply water services to the proposed development on payment of Develop Servicing Charges.

NB: figures are from the current Water and Sewer Equivalent Tenements Policy (13/005).

4.2 Section 94 Contributions

There is an increase in the load on services generated by the proposed development Section 94 contributions are warranted. A condition has been included in the recommendation to require the payment of the relevant Section 94 contributions.

5. CONCLUSION

The proposal seeks development consent for a multi dwelling housing development pursuant to Division 1 ‘Infill affordable housing’ of State Environmental Planning Policy (Affordable Rental Housing) 2009 (AH SEPP).

To encourage the provision of ‘affordable housing’ the AH SEPP identifies various matters which Council is not able to use as grounds for refusing the proposed development, these matters include a shortfall in on-site parking. The applicant has proposed a total of nine (9) on-site parking spaces which is two (2) more than the minimum allowable under the AH SEPP.

The proposal is considered to satisfy the provisions of Byron LEP 2014 and the controls of Byron DCP 2014 apart from a shortfall in the number of car parking spaces provided on-site (which is allowed by AH SEPP) and a very minor non-compliance with the building height plane.

The application was publicly advertised in accordance with the Level 2 provisions of Council’s DCP 2014. A total of seven (7) submissions were received inside the notification period plus two (2) additional submissions received outside the notification period.

Following the exhibition of the proposal the applicant made significant modifications to the proposed plans to address matters raised in the submissions. Conditions have also been recommended to address design issues including:

a) Lowering the roof height of proposed Dwelling No.10 by changing the dwelling from a two-storey design to the single storey design consistent with proposed dwellings No.5 and No.14;

b) The addition of privacy screens on the eastern side of most north facing decks, and

c) Underfloor screening for the proposed buildings;

The subject site is located within the R3 Medium Density Residential Zone and is directly opposite the site of the Ocean Shores Shopping Centre. The proposal is considered to have sufficient planning merit to be supported subject to conditions included in the recommendation of this report.

6. RECOMMENDATION

It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2014.593.1 for Multi Dwelling Housing (fourteen [14] dwellings), be granted consent subject to the following conditions.

CONDITIONS OF CONSENT:

Parameters of this Consent

1) Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan/Ref No.	Description	Prepared by	Dated:
D2-E-04	External finishes	Koho	22 Dec 2014
D2-E-01	Site sections	Koho	18 Dec 2014
D2-E-02	Elevations 1	Koho	29 Jan 2015
D2-E-03	Elevations 2	Koho	28 Jan 2015
D2-S-02	Site Plan – Development Summary	Koho	04 Feb 2015
D2-S-03	First Floor Plan	Koho	29 Jan 2015
D2-S-06	Accessibility Plan	Koho	28 Jan 2015
D2-S-07A	Landscape Concept Plan	Koho	28 Jan 2015
D-S-07B	Landscape Concept Key	Koho	18 Dec 2015
D2-P-01	Detailed Plan – Typical dwelling	Koho	18 Dec 2015
D2-P-06	Section Typical Dwelling	Koho	18 Dec 2015
D2-P-03	Detailed Plan – Dwelling 1	Koho	18 Dec 2015
D-2P-04	Detailed Plan – Dwelling 6	Koho	28 Jan 2015
D2-P-05	Detailed Plan – Dwelling 11	Koho	28 Jan 2015
D2-P-06	Bedsit Dwelling 5 & 14 + BASIX	Koho	04 Feb 2015
D2-5-11	Site Minimisation and Management Plan	Duncan Band	3/10/2014 & 5/02/2015
2480-002	Geotechnical Site Investigation	Australian Soil and Concrete Testing Pty Ltd	23 July 2014

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

2) Residential use

This development consent allows only for the purposes of multi dwelling housing. Nothing within this development consent allows for the development to be used as tourist and visitor accommodation.

3) Provision of Affordable Housing

For ten (10) years from the date of the issue of an Occupation Certificate for the subject development Dwelling No.1, No.6 and No.11 (three [3] dwellings) are to be used only for the purposes of ‘affordable housing’ (as defined in the Environmental Planning and Assessment Act 1979 and State Environmental Planning Policy [Affordable Rental Housing] 2009), and these dwellings are to be managed by a registered community housing provider (registered community housing provider has the same meaning as in the Housing Act 2001).

4) Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia ,

(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building.

(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

5) Erection of signs

(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(5) This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.

(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.

Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

6) Notification of Home Building Act 1989 requirements

(1) For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989 .

(2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

(3) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

(4) This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.

7) Car Parking spaces are to be available for the approved use

A minimum of nine (9) car parking spaces are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council.

8) Vehicles to enter/leave in a forward direction

Vehicles using the car parking area must enter and leave in a forward direction. All driveways and turning areas must be kept clear of obstructions that prevent compliance with this condition.

The following conditions are to be complied with prior to issue of a Construction Certificate

9) Consolidation of allotments

The two (2) allotments of the subject site are to be consolidated into a single allotment prior to issue of a Construction Certificate.

10) Amended plans

Prior to issue of a construction certificate amended plans are to be submitted which modify proposed plans as follows:

(a) Dwelling No.10 is to be modified from a two-storey design to a single storey design (consistent with the single storey design of proposed dwellings No.5 and No.14);

(b) A solid 1.8 metre high fence is to be provided along the western (rear), northern and southern boundary of the site (only behind the front building line of the dwellings) if it is not already existing;

(c) The five proposed medium height trees adjacent to the rear western boundary (shown as Category 6 plantings on the Landscape Concept Key drawing referred to on conditions No.1 of this ) are to be replaced with shrubs and screen plantings with a maximum height of 2-3 metres (Category 8 plantings on the Landscape Concept Key);

(d) Sub-floor level screening for all exposed sub-floor areas of the proposed buildings is to be provided;

(e) All windows and doors of the proposed dwellings are to incorporate fly/insect screens.

(f) The maximum height of the proposed gates and fencing (located forward of the front building line of the dwellings) is not to exceed a maximum height of 1.2 metres (however the screen enclosures for the bin and gas storage areas are not to exceed 1.8 metres in height).

(g) A 1.8m high timber privacy screen is to be provided along the eastern side of each northern deck (this condition only applies to decks located on the northern side of each dwelling and does not apply to Dwellings No.1 and No.6).

11) Compliance with BASIX Certificate requirements

The development is to comply with BASIX Certificate No.579065M, dated 1 October 2014. The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.

The plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the BASIX Certificate.

Minor changes to the energy efficiency measures may be undertaken without the issue of an amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.

Proposed external colours/materials must be consistent with those shown on the approved plans referred to in Condition No.1 of this consent. Such plans and specifications must be approved as part of the Construction Certificate.

12) Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued upon payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.

Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.

Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.

Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081. Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. Payment by Personal or Company Cheque will not be accepted.

13) Developer Contributions to be paid

Contributions set out in the schedule at the end of this consent are to be paid to Council prior to the release of a construction certificate. Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended). The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby. These contributions are to fund public amenities and services as listed in the schedule. Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended).

The contributions in the schedule are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule. PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

14) Geotechnical Certification required – Engineering Works

A certificate from a professional Engineer experienced in soil mechanics is to be provided to the Principal Certifying Authority, certifying that:

a) the design of the civil engineering works, including retaining walls and/or cut & fill batters, has been assessed as structurally adequate;

b) the civil engineering works will not be affected by landslip or subsidence either above or below the works;

c) adequate drainage has been provided, and

d) the designs accord with the Geotechnical Reports by Australian Soil and Concrete Testing P/L dated 23 & 24 July 2014.

15) Plans of retaining walls and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage of the structures and the site at all times.

Such plans and specifications must be approved as part of the Construction Certificate.

NOTE.

The design of the structures and drainage must be in accordance with the Geotechnical Reports by Australian Soil and Concrete Testing P/L dated 23 & 24 July 2014.

16) Sediment and Erosion Control Management Plan required

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as filter fences and sedimentation basins. Such plans and specifications must be approved as part of the Construction Certificate.

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

17) Water and Sewerage - Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.

18) On-site stormwater detention - Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to carry out on-site detention drainage system and connection to a Council approved drainage system.

Note: The plans must be in compliance with Council’s Development Control Plan 2010, Part N and Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. Refer to Council’s website for copies of these documents.

19) Consent required for works within the road reserve – Rajah Road

Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.

Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works:

Driveway

A concrete driveway, to facilitate two way traffic flows, in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

20) Traffic Management Plan – Driveway construction

Consent from Council must be obtained for a Traffic Management Plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Maritime Services Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

“The plan shall incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site”.

The traffic control plan must be prepared by a suitably qualified and RMS accredited Work Site Traffic Controller.

21) Internal Driveway & Car Parking details required

The application for a Construction Certificate is to include plans and specification that indicate vehicular access from the site boundary to the proposed car spaces. Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking.

Plans are to include the following items:

a) pavement description

b) fully dimensioned layout plan to scale;

c) existing and design levels;

d) longitudinal section from the road centreline to the car spaces;

e) signage & delineation;

f) drainage;

g) property access roads shall comply with section 4.1.3 (2) of Planning for Bushfire Protection 2006.

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

22) Bond required to guarantee against damage to public land

A bond of $5000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.

The following conditions are to be complied with prior to commencement of building works

23) Traffic Management Plan - Driveway construction

The approved traffic management plan is to be implemented.

24) Public safety requirements

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development. Council is not held responsible for any negligence caused by the undertaking of the works.

25) Erosion and Sediment measures

Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A copy may be downloaded from Council’s web site at http://www.byron.nsw.gov.au/pdfs/stormwater/sediment_erosion.pdf. Particular attention is to be given to the provision of the following sediment and erosion control measures:

a) Temporary driveway from the edge of road to the building site;

b) Temporary downpipes immediately installed after the roof has been erected;

c) Silt fence or sediment barrier.

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

The following conditions are to be complied with during construction

26) Site Waste Minimisation and Management Plan (SWMMP)

Construction works are to be undertaken in accordance with the approved SWMMP referred to in Condition No.1 of this Development Consent.

27) Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a) Monday to Friday, from 7 am to 6 pm.

b) Saturday, from 8 am to 1 pm.

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

28) Construction Noise

Construction noise is to be limited as follows:

a) For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b) For construction periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

Note: Council may impose on-the-spot fines for non-compliance with this condition.

29) Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

The following conditions are to be complied with prior to issue of an Occupation Certificate

30) Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

31) Section 88E public positive covenant to be placed on Title

Documentary evidence is to be provided to the Principal Certifying Authority that a public positive covenant has been registered before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure the following:

(a) for 10 years from the date of the issue of the occupation certificate Dwelling No.1, No.6 and No.11 (three dwellings) of the approved development are to be used for the purposes of ‘affordable housing’ (as defined in the Environmental Planning and Assessment Act 1979 and State Environmental Planning Policy [Affordable Rental Housing] 2009, and

(b) all accommodation that is used for affordable housing will be managed by a registered community housing provider (registered community housing provider has the same meaning as in the Housing Act 2001).

32) Certification for Engineering works

The submission of a certification from a suitably qualified Engineer certifying that all works have been constructed in accordance with the approved plans and Council’s current “Northern Rivers Local Government Design and Construction Manuals and Specifications” and the Geotechnical Reports by Australian Soil and Concrete Testing P/L dated 23 & 24 July 2014.

33) Car parking areas to be completed and signs to be provided

The car parking areas are to be constructed in accordance with the approved plans.

34) Internal & External driveways in accordance approved plans

The internal and external driveways are to be constructed in accordance with the approved plans.

35) Stormwater disposal

Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a) Clear of buildings and infrastructure,

b) Not concentrated so as to cause soil erosion,

c) Not directly to a watercourse, and

d) Not onto adjoining land.

36) Sewer and water to be connected

A Certificate of Compliance under Section 307 of the Water Management Act 2000 is to be obtained from Byron Shire Council prior to the issue of an Occupation Certificate for works on water and/or sewer mains.

Application forms are available from Council’s administration building or online at http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf to be submitted for a Certificate of Compliance.

Reasons

· To ensure access for people with access disabilities.

· To comply with the provisions of the local Environmental Planning Instrument.

· To preserve the environment and existing or likely future amenity of the neighbourhood.

· To protect the environment.

· To preserve the amenity of the area.

· To ensure adequacy of services to the development.

· In the interests of public health and safety.

· To ensure compliance with Section 68 of the Local Government Act 1993.

Notes

Schedule of Development Contributions

The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The current contribution rates are available from Council offices during office hours. Payments will only be accepted by cash or bank cheque.

Water payments under the Water Management Act 2000

Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
[ET Policy No:13/005]

Water	2.62 ET
Bulk Water	2.62 ET
Sewer	5.00 ET

Payment by Personal or Company Cheque will not be Accepted

Protection of the Environment Operations Act 1997:

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (“on-the-spot fine”) or prosecution.

Construction Certificate required:

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing. Application forms are available from the customer services counter or Council’s website www.byron.nsw.gov.au.

Principal Certifying Authority:

Work must not commence until the applicant has:-

1) appointed a Principal Certifying Authority (if the Council is not the PCA); and

2) given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

3) notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Reasons

· To ensure access for people with access disabilities.

· To comply with the provisions of Byron L.E.P. 1988.

· To preserve the environment and existing or likely future amenity of the neighbourhood.

· To protect the environment.

· To preserve the amenity of the area.

· To ensure adequacy of services to the development.

· To ensure public health and safety.

· To ensure compliance with Section 68 of the Local Government Act 1993.

7. DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

Has a Disclosure Statement been received in relation to this application	No
Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.	No

Provide Disclosure Statement register details here: Nil.

Date of Meeting:		Wednesday 4 February 2015
Time Commenced:		2.04pm
PRESENT:	Councillors:		Cr Simon Richardson, Cr Duncan Dey
	Community Representatives:		There are no community representatives.
	Invited Representatives: Guests		Paul Spooner (Byron Community Centre), Greg Jago (Police), Peter Wood (Arts Northern Rivers), Hannah Spalding (Byron Bay Liquor Accord), Michael O’Grady & Adrian Nelson (Byron United) Mouche Phillips & Tess Cullen (Byron Community Centre)
	Staff:		Greg Ironfield (Manager Community Development), Joanne McMurtry (Community Policy Officer), Claire McGarry (Events and Grants Support Officer), Donna Johnston (Media Liaison Officer), Jane Laverty (Economic Development & Tourism Coordinator), Marisa Snow (Project Officer ED & Tourism).

1. APOLOGIES:	There were no apologies received.

2. DECLARATIONS OF INTERESTS:	Paul Spooner (Byron Community Centre) reinforced previous declaration that he was in attendance as Community Centre Manager not Councillor, and that the Byron Community Centre were selected through the EOI to run the operations of Soul Street NYE and First Sun NYD.

3. CONFIRMATION OF A QUORUM:	There are 7 members appointed to this group (not including staff). Quorum numbers are met.
4. confirmation of minutes
The minutes of the meeting held on 14 November 2014 were adopted. (Richardson/ Spooner)
5. DEBRIEF/ FEEDBACK ON STRATEGIES

8. date and time of next meeting:		TBC
Time Meeting Closed:	4.30pm

Date Commenced:	24 July 2012	Time Frame to carry out objectives	As required
Date Group to be Disbanded	The Public Art Assessment Panel will be established on a project by project basis and be disbanded at the end of each project
Responsibility	Society and Culture
Review Timeframe

Doc No.	Date Amended	Details Comments eg Resolution No.
DM1256273		Referred to Public Art Policy Implementation PRG 21/08/12. Reported to Council 25/10/12 Res 12-800.
E2013/29662	13 May 2013	Membership slightly amended as per Res 13-196.

Principal Activity (Management Plan)	Community Services
Related Legislation	Local Government Act 1993 Section 451 Government Information (Public Access) Act 2009
Related Policies	Code of Conduct Policy 1.8
Related Procedures/ Protocols, Statements, documents	Public Art Guidelines and Criteria DM1246748 Public Art Register DM1129380 Public Art Policy DM1038499

DA No.	10.2014.361.1
Development	Alterations and additions to existing motel (SEPP 1 Objection)
Property:	LOT: 7 SEC: 8 DP: 758207, Alterations and additions to existing motel
Zoning	B2 Local Centre
Development Standard being varied:	Clause 40 - Height of buildings
Justification	• The overall roof height has been redesigned and lowered accordingly. • The bulk and scale is not inconsistent with the surrounding development. • The proposal will maintain the same upper floor level as constructed. • Improvements in solar access with a reduced height.
Extent of variation	<10%
Concurrence	No
Determined Date	22 October 2014

Landuse	Area (ha)	% Mapping Area
NPs, NRs , SCA and AA (unmapped)	2,274.1
Vegetation (excl plantation)	5,615.4	31.7
Plantation	974.8	5.5
Open water	134.0	0.8
Total vegetation	6,724.2	37.2
TOTAL Stage 1 project area	20,004.0
TOTAL mapping area (excl NPs etc)	17,729.9

Observation type	No polygons	% no polygons	Area (ha)	% area
1 Walk through	449	7.0	683.0	10.2
2 Seen from edge of polygon	750	11.7	961.9	14.3
3 Distance assessment	604	9.4	765.4	11.4
4 No ground truthing	4,523	70.4	4,149.2	61.7
5 Verification from other sources	95	1.5	164.7	2.4
Grand Total	6421	100	6,724.2	100

Score	Description	Example
1	On-site inspection and Aerial Photo Interpretation	Walking through areas of public land or private land access with approval of owners.
2	Viewed from edge and Aerial Photo Interpretation	Viewing from edge (eg areas adjacent to roads, on public land)
3	Viewed from a distance and Aerial Photo Interpretation	Viewed from distance (eg where areas were clearly visible from roadside or other public access points)
4	Aerial Photo Interpretation only	No ground truthing or addition data used
5	Other data source and Aerial Photo Interpretation	Mapping or data from previous vegetation survey referenced

Preferred Koala Habitat	1	Primary	Areas of forest and/or woodland wherein primary food trees species comprise the dominant or co-dominant (i.e ≥50%) overstorey tree species.
	2	Secondary A	Areas of forest and woodland wherein primary food trees are sub-dominant, usually (but not always) growing in association with one or more secondary food tree species.
	3	Secondary B	Areas of forest or woodland wherein primary food trees species are absent, habitat containing secondary food tree species.
Other Vegetation	4	Other	Native vegetation associations and/or communities within which “preferred koala food trees” are absent.
Other Vegetation	5	Unknown	Vegetation mapping polygons for which there is insufficient data available to enable classification.

	Scientific Name	Common Name
Primary	Tallowwood	E. microcorys
	Forest Red Gum*	E. tereticornis
	Swamp Mahogany	E. robusta
Secondary	Small-fruited Grey Gum	E. propinqua
Secondary	Scribbly Gum	E. signata

FORM	CLASS	Plant Community Type
DRY SCLEROPHYLL FORESTS	COASTAL DUNE DRY SCEROPHYLL FORESTS	Blackbutt-Scribbly Gum-Satinwood-Tassell Rush open forest of sandy waterlogged soils
DRY SCLEROPHYLL FORESTS	COASTAL DUNE DRY SCEROPHYLL FORESTS	Coast Banksia woodland and open forest of coastal dunes
DRY SCLEROPHYLL FORESTS	COASTAL DUNE DRY SCEROPHYLL FORESTS	Coast Cypress Pine with littoral rainforest elements
DRY SCLEROPHYLL FORESTS	COASTAL DUNE DRY SCEROPHYLL FORESTS	Pink Bloodwood-Brush Box open forest on coastal dunes and sandplains
DRY SCLEROPHYLL FORESTS	COASTAL DUNE DRY SCEROPHYLL FORESTS	Scribbly Gum-bloodwood heathy open forest on poorly drained sandy soils
DRY SCLEROPHYLL FORESTS	COASTAL DUNE DRY SCEROPHYLL FORESTS	Wallum Banksia-Scribbly Gum +/- Coast Cypress Pine
DRY SCLEROPHYLL FORESTS	NORTH COAST DRY SCLEROPHYLL FORESTS	Swamp Box-Pink Bloodwood+/-Black Sheoak
DRY SCLEROPHYLL FORESTS	NORTH COAST DRY SCLEROPHYLL FORESTS	Tallowwood-Small-fruited Grey Gum -Forest Oak
FORESTED WETLANDS	COASTAL FLOODPLAIN WETLANDS	Broad-leaved Paperbark-Willow Bottlebrush on alluvial floodplains
FORESTED WETLANDS	COASTAL FLOODPLAIN WETLANDS	Forest Red Gum- tall to very tall moist open forest/rainforest transition on the coastal plain
FORESTED WETLANDS	COASTAL FLOODPLAIN WETLANDS	Forest Red Gum-Tallowwood-Flooded Gum-Swamp Mahogany-Pink Bloodwood+/- Brush Box on floodplain
FORESTED WETLANDS	COASTAL FLOODPLAIN WETLANDS	Forest Red Gum-Willow Bottlebrush-Broad-leaved Paperbark tall open forest on alluvial floodplains
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Broad-leaved Paperbark - Bare Twig Rush swamp sclerophyll open forest of coastal swamps
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Broad-leaved Paperbark swamp sclerophyll forest with rainforest elements on coastal floodplains
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Broad-leaved Paperbark-Brush Box-Swamp Box swamp sclerophyll forest on clays of coastal floodplains
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Broad-leaved Paperbark-Swamp Mahogany-Swamp Box swamp sclerophyll forest on coastal sandsheets
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Broad-leaved Paperbark-Swamp Oak-Tall Sedge swamp forest on alluvial soils
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Swamp Box-Forest Red Gum-Pink Bloodwood seasonal swamp forest
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Swamp Box-Red Mahogany-Paperbark transitional swamp forest on floodplain edges
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Swamp Mahogany-Tantoon-Tassell Rush forested wetland of waterlogged sandy soils
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Swamp Mahogany-tea-tree-Tassell Rush forested wetland of waterlogged wallum soils
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Swamp Oak - Broad-leaved Paperbark - Willow Bottlebrush floodplain forested wetland
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Swamp Oak - Milky Mangrove - Broad-leaved Paperbark king tide forest and woodland
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Swamp Oak - Sea Rush swamp forest on saline coastal swamps and flats
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Swamp Oak forested wetland of saline areas of coastal estuaries
FORESTED WETLANDS	COASTAL SWAMP FORESTS	Swamp Oak with rainforest elements on coastal floodplains and metasediments
FRESHWATER WETLANDS	COASTAL FRESHWATER LAGOONS	Broad-leaf Cumbungi Rushland
FRESHWATER WETLANDS	COASTAL FRESHWATER LAGOONS	Common Reed grassland
FRESHWATER WETLANDS	COASTAL FRESHWATER LAGOONS	Giant Sedge sedgeland of frequently inundated areas of sandy alluvium
FRESHWATER WETLANDS	COASTAL FRESHWATER LAGOONS	Slender Twine-rush - Pale Cord-rush Sedgeland
FRESHWATER WETLANDS	COASTAL HEATH SWAMPS	Red-fruit Saw-sedge-Coral Fern Sedgeland of North Coast Wallum Duneslopes and Open Depressions
FRESHWATER WETLANDS	COASTAL HEATH SWAMPS	Red-fruited Saw-sedge - Olive Tea-tree fernland / sedgeland
FRESHWATER WETLANDS	COASTAL HEATH SWAMPS	Swamp Mahogany-Scribbly Gum-Plume Rush Swamp Sclerophyll Mallee
FRESHWATER WETLANDS	COASTAL HEATH SWAMPS	Tall Saw Sedge sedgeland
FRESHWATER WETLANDS	COASTAL HEATH SWAMPS	Tea-tree tall shrubland of coastal freshwater sand swamps
GRASSLANDS	MARITIME GRASSLANDS	Spinifex strandline grassland
HEATHLANDS	COASTAL HEATH SWAMPS	Fern-leaved Banksia - Spear Grasstree Wet Heathland
HEATHLANDS	NORTH COAST CLAY HEATHLANDS	Fern-leaved Banksia - Dwarf Heath Casuarina - Midgen Berry - Black Bog-rush graminoid heathland
HEATHLANDS	WALLUM SAND HEATHS	Brush Box Dry Sclerophyll Mallee of North Coast foredunes
HEATHLANDS	WALLUM SAND HEATHS	Coast Wattle shrubland on coastal foredunes
HEATHLANDS	WALLUM SAND HEATHS	Olive Tea-tree-Knotted Scale-rush-Spreading Rope-rush Wet Heathland
HEATHLANDS	WALLUM SAND HEATHS	Wallum Banksia - Prickly Moses - Caustis recurvata dry heathland on coastal sands
MISCELLANEOUS	EXOTIC
RAINFORESTS	DRY RAINFORESTS	Weeping Lilly Pilly dry riparian rainforest
RAINFORESTS	LITTORAL RAINFORESTS	Bennett's Ash-Three-veined Laurel-Blue Lilly Pilly littoral rainforest
RAINFORESTS	LITTORAL RAINFORESTS	Brushbox headland littoral rainforest
RAINFORESTS	LITTORAL RAINFORESTS	Coast Banksia - Tuckeroo closed forest/shrubland of coastal Holocene dunes
RAINFORESTS	LITTORAL RAINFORESTS	Coast Banksia-rainforest on metasediments
RAINFORESTS	LITTORAL RAINFORESTS	Cottonwood closed forest or shrubland of seaside bedrock hillslopes
RAINFORESTS	LITTORAL RAINFORESTS	Tuckeroo - Bird's Eye Alectryon - Beach Acronychia littoral rainforests
RAINFORESTS	LITTORAL RAINFORESTS	Tuckeroo - Cottonwood - Hoop Pine littoral rainforest of tidal channel bank alluvium
RAINFORESTS	SUBTROPICAL RAINFORESTS	Bangalow Palm-Umbrella Cheese Tree-Brown Kurrajong-Broad-leaved Paperbark floodplain rainforest
RAINFORESTS	SUBTROPICAL RAINFORESTS	Brush Box rainforest/wet sclerophyll forest on metasediments
RAINFORESTS	SUBTROPICAL RAINFORESTS	Giant Water Gum-Rough-leaved Elm-Small-leaved Fig-Hard Quandong subtropical rainforest
RAINFORESTS	SUBTROPICAL RAINFORESTS	Hoop Pine- rainforest +/- Brush Box
RAINFORESTS	SUBTROPICAL RAINFORESTS	Red Kamala-Guioa subtropical rainforest
RAINFORESTS	SUBTROPICAL RAINFORESTS	Twin-leaf Coogera - Hairy Walnut - Red Kamala - White Booyong subtropical rainforest
RAINFORESTS	SUBTROPICAL RAINFORESTS	Umbrella Cheese Tree +/- other rainforest species on hill slopes
RAINFORESTS	SUBTROPICAL RAINFORESTS	Weeping Lilly Pilly+/-Hoop Pine, Riberry, Paperbark, Brush Box on alluvial metasediments
RAINFORESTS (DERIVED)	CLOSED FOREST	Derived Camphor Laurel Rainforest Wet Sclerophyll Forest, Community ID Rf58
SALINE WETLANDS	MANGROVE SWAMPS	Grey Mangrove - River Mangrove low open or closed forest or shrubland of intertidal flats
SALINE WETLANDS	SALTMARSHES	Prickly Couch - Sea Rush - Common Couch saltmarsh of saline coastal swamps and flats
SALINE WETLANDS	SALTMARSHES	Saltwater Couch - Samphire saltmarsh of low-lying estuarine areas
SALINE WETLANDS	SALTMARSHES	Sea Rush saltmarsh of saline coastal swamps and flats
WET SCLEROPHYLL FORESTS	NORTH COAST WET SCLEROPHYLL FORESTS	Blackbutt - Turpentine tall moist open forest on sandstone ranges
WET SCLEROPHYLL FORESTS	NORTH COAST WET SCLEROPHYLL FORESTS	Blackbutt on metasediments
WET SCLEROPHYLL FORESTS	NORTH COAST WET SCLEROPHYLL FORESTS	Brush Box - Tuckeroo tall to very tall moist open forest/rainforest transition on the coastal plain north of the Richmond River
WET SCLEROPHYLL FORESTS	NORTH COAST WET SCLEROPHYLL FORESTS	Brush Box-Pink Bloodwood-Grey Ironbark-Blackbutt open forest on sandstone and alluvial sediments
WET SCLEROPHYLL FORESTS	NORTH COAST WET SCLEROPHYLL FORESTS	Brush Box-Tallowwood-Pink Bloodwood+/-Flooded Gum shrubby wet open forest
WET SCLEROPHYLL FORESTS	NORTH COAST WET SCLEROPHYLL FORESTS	Flooded Gum moist open forest of lowland coastal floodplains
WET SCLEROPHYLL FORESTS	NORTH COAST WET SCLEROPHYLL FORESTS	Forest Red Gum-Flooded Gum-Pink Bloodwood-Tallowwood+/-Blackbutt, Grey Ironbark, Brush Box
WET SCLEROPHYLL FORESTS	NORTH COAST WET SCLEROPHYLL FORESTS	Tallowwood-Blackbutt moist shrubby tall open forest
WET SCLEROPHYLL FORESTS	NORTH COAST WET SCLEROPHYLL FORESTS	Tallowwood-Brush Box-Flooded Gum on sheltered lower slopes and gullies
WET SCLEROPHYLL FORESTS	NORTHERN HINTERLAND WET SCLEROPHYLL FORESTS	Pink Bloodwood - Blackbutt - Grey Ironbark shrubby open forest
TBC	TBC	Wattle

Expenditure Description	BSC Funds ($)	State Government Funds ($)	Total Expenditure* ($)
Original contract amount including miscellaneous meetings	54,250	52,250	106,500
Variation 1: including investigation sand transfer system, funding split - commenced	18,000	18,000	36,000
Variation 2 : additional work on CBA/CHMS – pending meeting with NSW Coastal Panel	Unknown	Unknown	Unknown
Total (excluding variation 2)	72,250	70,250	142,500

Venue	Byron Community Centre, Jonson St, Byron Bay
Date	Friday, 6 June 2014
Time	4pm