Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 26 February 2015

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

Public Access relating to items on this Agenda can be made between 9.00am and 10.30am on the day of the Meeting.  Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.

 

 

 

Ken Gainger

General Manager

 


CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§  The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§  The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a)   the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b)   the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§  If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§  Just because the person is a member of, or is employed by, the Council.

§  Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§  A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§  The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a)   at any time during which the matter is being considered or discussed by the Council or Committee, or

(b)   at any time during which the Council or Committee is voting on any question in relation to  the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with.  Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§  It may be appropriate that no action be taken where the potential for conflict is minimal.  However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§  Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa).  Care needs to be taken when exercising this option.

§  Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§  Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1)   In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a)   including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b)   not including the making of an order under Division 2A of Part 6 of that Act.

(2)   The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3)   For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4)   Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5)   This section extends to a meeting that is closed to the public.

 


BYRON SHIRE COUNCIL

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

5.    Tabling of Pecuniary Interest Returns (s450A Local Government Act 1993)

6.    Adoption of Minutes from Previous Meetings

6.1       Byron Shire Reserve Trust Committee held on 5 February 2015

6.2       Ordinary Meeting held on 5 February 2015

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion and Rescission

9.1       Zone B1 Planning Proposal............................................................................................... 1

9.2       Byron Bay STP - State of Effluent.................................................................................... 3

9.3       Two Lanes In-bound Shirley Street and direct access Lawson Street north car park Byron Bay Res 15-021 Ordinary Meeting 5 February 2015..................................................................... 10

10.  Petitions

11.  Submissions and Grants

12.  Delegates' Reports  

13.  Staff Reports

General Manager

13.1     Results of Park and Ride, SEPA and Butler Street Reserve 2014/15........................... 13

Corporate and Community Services

13.2     Review of Outstanding Council Resolutions................................................................... 24

13.3     Mullumbimby Golf Club - Assistance with Rates............................................................ 31

13.4     Operational Plan Review 2014/15 as at December 2014............................................... 35

13.5     New Years Eve 2014 outcomes and recommendations ............................................... 37

13.6     Affix the Council Seal ..................................................................................................... 72

13.7     Vacancy on Public Art Assessment Panel...................................................................... 74

13.8     Investments - January 2015............................................................................................ 84

13.9     Budget Review - 1 October 2014 to 31 December 2014............................................... 90

13.10   Council Resolutions Review October to December 2014............................................ 202

Sustainable Environment and Economy

13.11   Review of Section 64 Charges..................................................................................... 205

13.12   PLANNING - State Environmental Planning Policy No. 1 - Variations to development standards - 1 October to 31 December 2014..................................................................................... 213

13.13   Vegetation mapping review........................................................................................... 215

13.14   Report of the Planning Review Committee Meeting held on 3 February, 2015........... 233

13.15   PLANNING DA 10.2014.593.1 Multi dwelling housing (14 dwellings)  51-53 Rajah Road, Ocean Shores........................................................................................................................... 235

13.16   Coastal Zone Management Plan Byron Bay Embayment........................................... 286

Infrastructure Services

13.17   Steam Weeding Trial..................................................................................................... 290

Organisation Development

13.18   Renaming the Byron Regional Sport and Cultural Complex........................................ 296   

14.  Reports of Committees

Infrastructure Services

14.1     Report of the Local Traffic Committee Meeting held on 6 February 2015................... 305  

15Questions With Notice

Nil   

16.  Confidential Reports

Infrastructure Services

16.1     Confidential - Tender  2014-0032 – Design and Construction of Landslip Repairs at Upper Wilsons Creek............................................................................................................... 313  

 

 

 

 

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Executive Manager prior to the meeting. Any suggested amendments to the recommendations should be provided to the Administration section prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Zone B1 Planning Proposal

File No:                                  I2015/54

 

  

 

I move that Council:

 

1.       Council reviews permitted land uses in B1 Neighbourhood Centre zones (including Suffolk Park) in the Byron LEP 2014 to include 'recreational facilities (indoor)', and any other additional uses considered appropriate.

 

2.       Any proposed amendments to be included in the next 'housekeeping' Planning Proposal adjustments to the Byron 2014 LEP.

 

 

 

 

 

Councillor’s Background Notes:

 

A take-away health and nutrition food premises is operating in the B1 Neighbourhood Centre Zone at Suffolk Park. An ancillary activity of 'Personal Training' is also approved on site. The business owner wishes to expand into a neighbouring vacant shop to accommodate small group personal training sessions. In the process of seeking approval for this DA variation it has been discovered that 'Recreation Facility (Indoor)' is a prohibited use in the new LEP 2014 B1 Zone. A gymnasium is classified under this definition. 

 

This is an unnecessary restriction, particularly as under the 1988 LEP the use was permitted. By simply deleting this use from the Prohibited Section, it could be approved under Section 3 of the table “Permitted with consent”.

 

Whilst there can, on occasions, be nuisance issues arising from a gymnasium in an office or shopping environment due to loud music or noise, depending on location, these issues can be addressed in the merit assessment when the Development Application (DA) is lodged. 

 

Recommended priority relative to other Delivery Plan tasks:

 

Since adoption of the 2014 LEP, Council has identified numerous planning anomalies which require a planning proposal to correct. Given that these can have a significant impact on affected parties, it is a high priority for Council to correct them in a timely manner. This is particularly pertinent since the proposed use had been permissible under the 1988 LEP.

 

Definition of the project/task:

 

Include in the next scheduled 'housekeeping' Planning Proposal a variation to ‘permit with consent’ Recreational Facilities (indoor) in the B1 Neighbourhood Centre Zones (including Suffolk Park), and any other uses considered appropriate. 

 

Source of Funds (if applicable):

 

Not Applicable. 

 

 

Signed:   Cr Sol Ibrahim

 

Management Comments by Burt Shannon, Director Sustainable Environment and Economy:

(Management Comments must not include formatted recommendations – resolution 11-979)

 

Clarification of project/task:

 

An amendment to the Byron Local Environmental Plan (LEP) 2014 is required to address this land use table omission.  To progress a LEP amendment, Council must consider and resolve to prepare a Planning Proposal that is submitted to the Department of Planning and Environment for Gateway determination. An amendment may only proceed (or not) according to the Gateway determination given. 

 

A Gateway determination will confirm initial support for the planning proposal and identify what further technical studies and community consultation are required prior to the proposed amendment being determined. 

 

For minor LEPs staff can recommend that Council seek delegations under Section 59(1) of the

Environmental Planning and Assessment Act (EP&A Act) 1979 to prepare the final reporting, drafting and mapping in order for the Minister of Planning to ‘notify’ the proposed amendments to the LEP. Where Council does not exercise these delegations, the Department of Planning and Environment undertakes these requirements. This can add time delays to the process.

 

Director responsible for task implementation:

 

Director Sustainable Environment and Economy.

 

Relationship to, priority of, and impact on other projects/tasks:

 

The work is in addition to that already underway or programmed. The proposal to include it as an item in the next Housekeeping LEP will provide for its timely consideration without adversely impacting the existing strategic planning work program. It is likely that the next House keeping LEP will be commenced in the next 6 months.

 

Financial and Resource Implications:

 

The work will need to be undertaken by staff within their current allocated work program and budget.

 

Legal and Policy Implications:

 

The proposed amendment to Byron LEP 2014 will seek to correct land use table omissions in the current instrument to ensure Council’s intent and previous LEP controls in relation to these planning controls are achieved.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Byron Bay STP - State of Effluent

File No:                                  I2015/58

 

  

 

We move that Council: 

1.       Negotiate with affected rural landowners to form an Agreement on jointly managing the stream of effluent emanating from Byron Bay Sewage Treatment Plant and its wetland system and crossing their properties on the Belongil floodplain; 

2.       Review both the data and the monitoring system for that effluent flow-path; 

3.       Receive a report on current fates of effluent from the STP and from the wetland system; 

4.       Receive a report on options for alternative routes for the wetland effluent; 

5.       Receive a report on the status of the Trust that operates or operated the Union Drain; 

6.       Receive these reports and a report on the Agreement no later than May 2015. 

 

 

Attachments:

 

1        Letter dated 20/02/02 Proposed West Byron STP Upgrade, e2015/8807 , page 8  

2        Byron Bay Integrated Water Management Reserve Groundwater Impact Report, DM942501 (provided under separate cover)  

 

 

Councillors’ Background Notes:

Urbanisation of societies is lauded in most of its facets but one that has traditionally escaped robust scrutiny is the management of urban sewage.  “Flush and forget” has been both the aim and the achievement of many wonderful engineers since Roman times. 

On the positive side, urban sewage management allows far denser settlement than under a comparative rural scenario.  On the negative side, users of urban sewage systems are not exposed to and hence don’t appreciate the impacts of their system on the water cycle that supports it.  The larger the system, the greater are the interference and hence the impacts. 

The Byron Bay sewage treatment plant (STP) was upgraded about a decade ago.  Its predecessor West Byron STP had been deemed overloaded for about a decade prior to that.  The current BBSTP was designed to treat loads already plumbed to WBSTP plus additional loads from both the South Byron STP as well as from planned and forecast development.  SBSTP was decommissioned and its loads transferred once BBSTP had successfully passed its commissioning phase. 

Current dry weather flow from the STP averages around 5 ML/day.  New loads are coming and a further upgrade is anticipated for the 2020s.

The major concern for the adjacent landholders is the quantity of effluent being discharged into a drain on their properties, artificially maintaining a high water table and impacting on their farming operations.  Where once the water was there only as a result of seasonal rainfall and allowed to dry out in drier winter and drier months, it is currently carrying an estimated 3 or 4 ML/day all year round and soaking into the surrounding sandy soils. 

Attachment 1 (#E2015/8807) is a letter dated 2 February 2002 setting out Council’s then understanding of the situation. 

The value of the wetland system is to ‘polish’ effluent from the STP in preparation for its return to the environment.  We understand that the EPA Licence under which the system operates recognises the wetlands along with the effluent discharged from them. 

That effluent flows first west, then south under Ewnigsdale Road, then south-east in the Union Drain to Belongil Creek, then north into the Bay at the Belongil mouth .  Early in that stream-path, effluent is the dominant discharge.  Further down-stream it is joined by normal catchment flows: surface discharge during rain, interflow detained short-tem, base-flow that is retained medium-term and groundwater that seeps from higher ground via whatever subterranean strata. 

Despite effluent being very clean due to the state-of-the-art treatment and wetland systems, it is not the natural flow that would be there if the sewage component were removed. 

We believe Council and state agencies should acknowledge our responsibility for that component and play a significant role in care of the environment downstream, at least as far as the mouth of Belongil Creek.  In the upper reaches of the flow-path, we should share with other landholders and interested parties in the operation and maintenance of the waterways. 

Those landholders use of their land may be impacted by changes in the flow regime, as caused by the STP flow component. 

The detailing of such impacts could occupy a scholar for decades and still yield only a ‘more studies’ outcome.  Sufficient study has likely already been undertaken.  Likewise, it is assumed that environmental impacts have been examined in the past. 

This proposal is to sit down with landholders and agree on means to manage impacts on their land.  Any such means will need to be examined in light of their environmental impacts.  This proposal thus includes a review of the current monitoring system, of data gathered so far and of understandings established in environmental studies to date.  Such factors will be considered when contemplating measures that may result from the Agreement proposed. 

Council already pursues best practice by re-using and supporting others to re-use effluent.  The portion able to be re-used is not as high as was anticipated ten or 15 years ago when the current STP was envisaged.  Several attempts to promote re-use have not generated the level of uptake originally hoped for.  Hence it is likely the current level will remain the case for years to come. 

These issues were raised with staff on 22 January.  The Director’s response was emailed to Councillor Dey on 9 February and forwarded to Councillors on 11 February. 

The photo on the next page shows the culverts under Ewingsdale Road, after slashing: 

 

Recommended priority relative to other Delivery Plan tasks:

 

TBA

 

Definition of the project/task:

 

Open a new dialogue with landowners on the Belongil floodplain to form an Agreement on jointly managing effluent from Byron Bay STP; review the data and the monitoring of that effluent; report on current fates of effluent ; report on options for alternative fates for effluent; report on the status of the Drainage Union Trust. 

 

Source of Funds (if applicable):

 

Sewer funds set aside for environmental management or to be allocated, if not already available. 

 

Signed:   Crs Duncan Dey and Alan Hunter

 

 

Ewingsdale 04 Alan

 

Management Comments by Peter Rees, Manager Utilities:

(Management Comments must not include formatted recommendations – resolution 11-979)

 

Clarification of project/task:

 

Part 1 - Negotiate with affected rural landowners to form an Agreement on jointly managing the stream of effluent emanating from Byron Bay Sewage Treatment Plant and its wetland system and crossing their properties on the Belongil floodplain

 

Part 2 - Review both the data and the monitoring system for that effluent flow-path

 

Part 3 - Receive a report on current fates of effluent from the STP and from the wetland system

 

Part 4 - Receive a report on options for alternative routes for the wetland effluent

 

Part 5 - Receive a report on the status of the Trust that operates or operated the Union Drain

 

Director responsible for task implementation:

 

Phillip Holloway, Director Infrastructure Services

 

Relationship to, priority of, and impact on other projects/tasks:

 

Part 1 is related to the ongoing operation and maintenance of the Byron Bay Integrated Water Management Reserve.  The Reserve is subject to an extensive fleet of management plans encompassing maintenance activities, data collection, threatened species, feral animals, weed control, acid sulphate soils, bird habitat, visitor access, melaleuca plantation and Sewage Treatment Plant operation and maintenance.

 

All activities on the reserve are documented and controlled in accordance with EPA licence 3404.  Sewer Operations has developed robust systems to ensure due diligence is maintained by Council in the operation of the site.

 

Given the importance of the treated effluent discharge from the site into the Belongil catchment, Sewer Operations could comfortably adapt and expand its maintenance and control systems to include a whole of Council approach to management of the Belongil Catchment from the Byron Bay Integrated Water Management Reserve to the Belongil Creek, including the Byron Bay stormwater system if required.

 

Part 5 is a necessary activity in relation to Part 1.

 

Part 2 was undertaken in 2009/10 in accordance with Council Resolution approving the Byron Bay Sewage Augmentation Scheme (BBSAS). Condition 44 required:

 

A suitably qualified and experienced consultant shall be engaged to provide advice on the inherent uncertainties associated with the results generated by the computer simulation model(s) used in the environmental assessment.  Relevant information regarding this uncertainty shall be addressed in preparation of the operational EMP.  The findings of the investigation shall be made publicly available.”

 

This study was completed in March 2010 and made publicly available.  The report is attached as Attachment 2 (DM942501).  As a result of this report, data collection was scaled back as it was no longer required.  Any second review would necessarily be skewed to the 10 years of data collected and previously analysed from 1999 to 2009.

 

Currently staff are preparing a review of the Byron Bay Sewage Treatment Plant capacity and its ability to meet quality performance limits as set by the operating licence issued by the EPA.  The scope of the review is to address the following issues:

 

1.       review the most recent available information for the Byron Bay STP including current licence conditions, influent (raw) sewage characteristics/quality, and plant performance data

2.       assess the average dry weather flow to the STP over the past two December and January periods and festival loading (Easter Bluesfest and Splendour In The Grass July/August)

 

3.       estimate the hydraulic capacity of the STP relying on available hydraulic design information

 

4.       assess the ability of the STP to meet the current licence conditions

 

5.       compare the design capacity of each process unit with typical literature values and experience to determine the overall process capacity for the STP

 

6.       the overall capacity of the STP will be compared to the current load and project future loading being:

 

a.      previously identified ‘committed’ loads (GHD/consultant reports)

 

b.      post 2005 STP commissioned identified development including the hospital [and potential property connection around the hospital site/region], the West Byron Land Alliance and other new areas denoted in the new LEP.  (Further input is required from the Strategic Planning division to more accurately map this growth and prepare a briefing note for GHD)

 

7.       determine the residual capacity of the STP from the above assessment

 

8.       identify when Council needs to start planning for an increase or to upgrade the STP

 

9.       identify what process components require capacity upgrades and provide a budget estimate for the upgrades.

 

The genesis of the review came from a number of Councillor enquiries, WWS Committee requests and the Executive Team on 24/09/2014 to plan for possible developments in the future such as the hospital, the proposed seniors living development, “The Farm” and any others, including the West Byron Urban Land Release.

 

The scope of this review wasn’t intended to include the wetland system, Union drain or Belongil Creek.  This review is currently scheduled for completion at the end of February 2015.  The preliminary results indicate dependent on the timing of the developments, the plant will need to be upgraded sometime between 2020 and 2025.

 

Parts 2, 3 and 4 would therefore be duly considered with the required environmental assessments during project definition.  Previous experience with BBSAS would indicate a substantial environmental impact statement would be commissioned and include a comprehensive data acquisition, community and expert engagement spanning most likely two to three years.

 

Any reports on these issues prepared in two months would be preliminary only and would require a more reasonable time to complete as the matters are quite complex.  Council would need to consider reallocate funding from existing budgets to adequately provide the resources required  (Internal and External) for the activity.

 

Financial and Resource Implications:

 

Parts 1 and 5 could be funded and resourced out of the existing budget savings in sewer operations for the Byron Bay Integrated Water Management Reserve and, depending on the scope, supplemented by existing operational budget activities for Byron Bay stormwater and Belongil Catchment Management activities.

 

Legal and Policy Implications:

 

Local Government Act 1993

Water Act 1912

Water Management Act 2000

Water Management (General) Regulation 2011

Environment and Planning Assessment Act 1979


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                9.2 - Attachment 1

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BYRON SHIRE COUNCIL

Notices of Motion and Rescission                                                                                   9.3

 

 

Notice of Rescission Motion No. 9.3         Two Lanes In-bound Shirley Street and direct access Lawson Street north car park Byron Bay Res 15-021 Ordinary Meeting 5 February 2015

File No:                                                          I2015/49

 

  

 

We move that Council rescind Resolution No. 15-021 from its Ordinary meeting held on 5th February 2015 which reads as follows:

 

15-021 Resolved that:

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

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

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

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

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

(Wanchap/Woods)

 

If successful we intend to move:

 

That Council: 

1.    Ask our consultant on the Town Centre Master Plan (McGregor Coxall) to extend their brief by asking its sub-consultant on traffic & sustainable movement (GTA Consultants) to consider and quantify the benefits of Council providing a continuous second in bound lane commencing 50m north of the Shirley/Butler Street roundabout in Byron Bay through to the Lawson/Jonson Street roundabout; 

2.    Ask the consultants to comment on whether such works would improve operation and movement at and between the aforementioned roundabouts; 

3.    Ask them to also comment on alternatives to ‘providing’ for traffic; 

4.    Ask Council’s legal officers and seek external legal advice if deemed necessary, on whether such a project as described in Part 1 above is eligible for 100% funding from s 94 funds; 

5.    Receive a report on what projects would thus be denied s94 funding if the estimated $206,000 were allocated to the project in Part 1; 

6.    Seek advice from RMS and RailCorp on approvals required for that project; costs to Council, if any; and steps to be taken to gain those approvals. 

 

 

 

 

 

 

 

 

Signed:   Cr Basil Cameron

Cr Duncan Dey

Cr Paul Spooner

 

Comments from Traffic and Transport Planner, Infrastructure Services

 

If successful, the motion will rescind Resolution 15-021, meaning it will not proceed.

 

Resolution 15-021 has not been acted on in any part.

 

If the motion passes as written the following is noted.

 

Parts 1 and 2 would refer the proposal to the master plan consultants McGregor Coxall and in doing so ask they assess the benefits of specifically providing a second inbound lane commencing 50m north of the Shirley/Butler Street roundabout.  Typically such assessment requires traffic modelling and can be done using existing data Council holds, which will help minimise costs.  However, a funding source will be required, noting the bypass project is fully committed and that Part 3 suggests s94 funds be allocated.

 

As for Part 4, i.e. referral to the LTC, this would occur as part of normal process should Council resolve to proceed with the project.  The LTC’s next meeting is Wednesday, 1 April 2015.

 

Part 5 is noted, however, suffice to say the s94 funds if directed to this project would mean they are lost to the local traffic management work that is expected to be required as part of Council’s parking study, bypass and master plan projects.  For example, there will likely be numerous smaller projects (sealing, pavement, paths, etc) associated with each of these projects that can or will not be able to be done with the funding as allocated to that project.  A case in point being the bypass, the funding for which is specifically for work within the road alignment and not, for example, connecting paths or potential modifications to side streets.

 

As for Part 6, John Holland Rail (JHR), the property and asset management for state rail infrastructure (NSW Transport), has already advised application fees exist.  For example a $1,100 fee to lodge a proposal such as widening the rail crossing, which will be required for two lanes inbound, would be payable.  In addition, subject to the extent of any encroachment, an annual fee, akin to lease of the land would be payable, plus the responsibility and cost to maintain infrastructure within the agreed subject (leased) site.  In the event train services do recommence, Council would also be required to and replace (which would require upgrade) any rail infrastructure affected. 

 

As for RMS, their concurrence will be required to changes upon the regional road network and can be done through the LTC process.  It is likely however they would require the assessment as called for in Part 1 and this assessment should be undertaken as part of the planning process.

 

Comments from Developer Contributions Officer

 

With respect to point 4 of the proposed motion, the Development Contributions – Practice Note issued by the Department of Planning states:

 

There are some specific exclusions from s94 which are discussed below, other restrictions on s94 include: 

 

it cannot be used for recurrent funding (except for road maintenance costs)

it cannot be used for planning studies (other than those which directly result in a development contributions plan)

it generally cannot be used for ongoing administrative costs.

 

The current master plan process is being funded from section 94.  I would make the distinction between the planning, design and approval process required for capital works and a planning study.  The BBTCMP forms part of the design of the capital works to be constructed and as such is a legitimate expenditure of section 94 funds.  Another example of this is the funding of the design works for the Shara Boulevard sports fields from the section 94 fund. 

 

A planning study that is not directly linked to the construction of the capital work should not be funded by developer contributions.  The traffic modelling required to answer the questions in point 1 does not appear to be connected with the construction of the capital work.  There is no mention of progressing the project to design, approval and construction.  On this basis point 1 should not be funded from section 94.       


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 1st 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

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.   


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.2           Review of Outstanding Council Resolutions

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

File No:                        I2014/22

Theme:                         Corporate Management

                                      General Manager’s Office

 

 

Summary:

 

Council, at its Ordinary Meeting on 28 August 2014 resolved (14-417), in part, as follows:

 

3.       That staff conduct a review of outstanding resolutions to determine:

 

a)    which ones currently fit within other resolutions

b)    which ones cannot be resourced

c)    report to Council resolutions able to be closed

 

This report outlines resolutions which currently fit within other resolutions, cannot be resourced, and are able to be closed.

 

  

 

RECOMMENDATION:

1.       That Council receive and note the information provided in this report on outstanding Council resolutions.

 

2.       That Council resolve that no further action be taken in respect of the following Council resolutions and that the resolutions be closed:

 

Resolution No. 09-1125

Resolution No. 11-219

Resolution No. 11-548

Resolution No. 12-25

Resolution No. 12-29

Resolution No. 12-265

Resolution No. 12-324

Resolution No. 12-511

Resolution No. 12-525

Resolution No. 12-779

Resolution No. 14-230.

 

 

Attachments:

 

1        Outstanding Council Resolutions recommended for no further action, E2015/8308 (provided under separate cover)  

 

 


At the Ordinary Meeting on 28 August 2014 Council resolved (14-417), in part:

 

3.    That staff conduct a review of outstanding resolutions to determine:

 

a)   Which ones currently fit within other resolutions

b)   Which ones cannot be resourced

c)   Report to Council resolutions able to be closed.

 

Table 1 provides a summary of Council resolutions that are no longer relevant, or that have been superseded either by other Resolutions, Legislative change or other matters.

 

Table 2 provides a summary of Council resolutions that cannot be implemented due to resources not being available, allocated or allocated to other adopted projects, services, activities or works.  Any resulting decisions of Council will be incorporated into the next quarterly review of resolutions.

 

The review has also identified that a number of what are listed as outstanding resolutions have in fact been completed but the administrative updating tasks not complete. These will be rectified prior to next quarterly report on outstanding resolutions.

 

In addition to the resolutions identified in this report, it is anticipated that staff as resolutions are reviewed, may identify other resolutions that could meet the framework set out in Resolution 14-417.  Should this be the case then those resolutions will be reported as part of the future quarterly reports on outstanding resolutions.

 

Table 1: Council resolutions that are no longer relevant or that have been superseded by other resolutions

 

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

 

 

Table 2: Council resolutions that are not resourced

 

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

 

 


 

Financial Implications

 

A number of resolutions note that resource constraints limit completion of action required. Council may consider the priority of the respective resolutions and whether further action is still required.

 

Statutory and Policy Compliance Implications

 

This report has been prepared in accordance with Part 3 c) of Resolution 14-417.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Mullumbimby Golf Club - Assistance with Rates

Directorate:                 Corporate and Community Services

Report Author:           Gayle McCallum, Governance Officer

Jane Steiger, Revenue Accountant

File No:                        I2014/74

Theme:                         Corporate Management

                                      Administrative Services

 

 

Summary:

 

Council has received a request from the Mullumbimby Gold Club to be included in Council’s Policy Section 356 Donations – Rates, Water and Sewer Charges for assistance with the General Rates for at least a two year period until they are in a position to pay these council charges.

 

The purpose of this report is for Council to consider this request.

 

  

 

RECOMMENDATION:

1.       That the report be noted.

 

2.       That the Crown land leased to the Mullumbimby Golf Club, not be included in Council’s Policy Section 356 Donations – Rates, Water and Sewer Charges for the following reasons:

 

          a)      It does not meet the Policy Statement being a “public hall, community centre or charitable organisation”.

 

          b)      It is not considered to meet the Policy criteria for Eligibility for Inclusion as the golf course is not a community centre, public hall or facility that is available for use and/or provides a charitable service to the general community.

 

 

 

 

 

 


 

Report

 

Council has received a request from the Mullumbimby Golf Club to be included in Council’s Policy Section 356 Donations – Rates, Water and Sewerage Charges.  In a letter to Council the Club advise:

 

          Following our commitment to continue leasing the crown land that is Mullumbimby Golf Course, I now request Byron Shire’s assistance in registering us on Council’s Policy “Section 356 Donations – Rates, Water and Sewerage charges.”

Council should be aware of our financial struggles, but determination to trade out of trouble.  We are a registered Not for Profit organisation, so qualify as an eligible organisation under donations schedule, even though I note we are the only licensed club of your extensive list.

I appreciate Council’s recognition of the contribution our club makes to the community and request Council allow us to forego the general rates for at lease two years or until we are in a position to pay these Council charges.”

The golf course is Crown land with Byron Shire Council as Reserve Trust Manager.  Council considered the renewal of a lease to the Golf Club at its Reserve Trust Meeting on 28 August 2014 http://www.byron.nsw.gov.au/meetings/2014-08-28-trust

 

In accordance with resolution 14-422, a Trust Lease has recently been executed by Council and the Golf Club with a commencement date of 1 October 2014 and expiry date of 30 September 2024.  Until such time as the Trust Lease is endorsed by the Minister, the Club’s continued occupation of the golf course is authorised by way of a temporary licence.  At such time as the Trust Lease is returned to Council, rent will be payable by the Club in the amount of $6,600.00 pa ex GST with the application of a 50% rebate approved by Crown Lands. 

 

Up until the signing of the new lease with the Mullumbimby Golf Club, all rates were paid by Council.  The Business ordinary rates for 2014/2015 on the Crown land amount to $3,650.70.  The proportion payable by the Mullumbimby Golf Club in accordance with the Trust Lease for 2014/2015 will be $2,730.50 payable by 31 May 2015.

 

Council’s Policy Section 356 Donations – Rates, Water and Sewerage Charges states:

 

Point 2 “Policy Statement” states:

 

          Council shall each year make a donation under Section 356 of the Local Government Act of 100% of the general rates and fixed water and sewer charges on public halls, community centres and charitable organisations.

 

Point 3 “Eligibility for Inclusion” states:

 

          3.1     In order to be eligible for inclusion in this policy the facility must:

 

                   a)      Be operated by a not for profit organisation; and

                   b)      Must relate to a community centre, public hall or facility that is available for use and/or provides a charitable service to the general community.

 

          3.2     All requests for an inclusion of a facility in this Policy will be determined by Council.

 

It is considered that the Crown land under lease by the Mullumbimby Golf Club does not meet the Policy Statement or Eligibility for Inclusion, to enable this land to be included in this Policy.

 

For your information the Club House (Assess No. 1195635) is owned by the Mullumbimby Golf Club and rateable, 2014/2015 as follows:

 

          Ordinary Business Rates                                                     $1,082.48

          Water Fixed Charge                                                               $709.32

          Sewerage Fixed Charge                                                      $2,017.04

          Commercial Waste Charges                                               $1,837.51

          Liquid Trade Waste Fixed Charge                                          $250.00

 

          Total Rates and Charges                                                     $5,896.35

 

A review of the water connection on the property was carried out in November 2014 resulting in the 40mm meter connection being changed to a 25mm connection. The change in the size of the water meter connection will save the Mullumbimby Golf Club an amount of $2,279.00 annually (2014/2015) in Water Fixed Charges and Sewerage Fixed Charges.

 

Financial Implications

 

The Rates and Charges for the Crown Land which is now leased by the Mullumbimby Gold Club is as follows:

 

Business Ordinary Rates                        $3,650.70

 

After signing the new Lease with Council on 1 October 2014, these rates will be proportioned to $2,730.50 payable by the Mullumbimby Gold Club.   In future years the total amount of rates and charges for the Crown Land will be payable by the Mullumbimby Club Golf Club.

 

A payment arrangement can be agreed upon in accordance with Council’s Debt Recovery Policy if the Mullumbimby Golf Club wishes to make application.

 

Statutory and Policy Compliance Implications

 

Policy – Section 356 Donations – Rates Water and Sewerage Charges http://www.byron.nsw.gov.au/policies

 

It is proposed that the Finance Committee will consider a report on review of this Policy at it’s next meeting, in accordance with the following Resolutions of Council:

 

Council in December 2013 considered a report to assist the Island Quarry with outstanding Rates and Charges wherein it resolved as follows:

 

13-695        Resolved that Council, under Policy 12/008 Section 356 Donations – Rates, Water and Sewerage Charges, donate 100% of the General Rates and fixed Water and Sewer Charges currently outstanding for iQ Reserve, Ewingsdale Road, Byron bay 2481 (Assessment No. 1101963) and include this property under Policy 12/008 Section 356 Donations – Rates, Water and Sewer Charges.

 

13-696        Resolved that a review of Policy 12/008 be undertaken by staff and be brought back to Council as a report.

 

At a Finance meeting of 12 June 2014 Council set parameters for this review with the aim for possible savings.  This resolution reads as follows:-

 

14-256        1.       That Council include the following parameters for the review of Policy 12/008 Section 356 Donations – Rates, Water and Sewerage Charges.

a)       The critical nature/uniqueness of the facility within its locality;

b)       The level of utilisation both current and prospective;

c)       The sustainability of the facility, e.g future maintenance costs;

d)       The cost effectiveness of current operations.

 

2.       The review consider a two step approach as follows:

 

Step 1: A hierarchy of facilities be established to determine overall community benefit and possible level of subsidy for each type of facility.

Step 2 Expand criteria as per Item 1 above, as those that must be considered by Council when making a decision regarding subsidy.

 

3.       The review consider

a)       A phased transition on the level of support;

b)       A regular review of entitlements be performed every 3 years;

c)       Encouraging financial independence.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           Operational Plan Review 2014/15 as at December 2014

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

File No:                        I2015/13

Theme:                         Corporate Management

                                      General Manager’s Office

 

 

Summary:

 

This report summarises the performance of the organisation against the adopted indicators in the Operational Plan 2014/15 for the period 1 July 2014 to 31 December 2014.  The majority of key performance indicators are on target.

 

 

  

 

RECOMMENDATION:

That Council receive and note the 6 month progress report and associated attachment (E2015/9555) on the 2014/15 Operational Plan Review for the period 1 July 2014 to 31 December 2014.

 

 

Attachments:

 

1        Progress Report on the Operational Plan as at 31 December 2014, E2015/9555 (provided under separate cover)  

 

 


 

Report

 

The purpose of this report is to advise Council of the performance of the organisation against the specific measures and indicators for identified priorities in the Operational Plan for the period 1 July 2014 to 31 December 2014.

 

This is the 6 month report on the 2014/2015 Operational Plan.

 

The 2014/2015 Operational Plan is a component of the 2013-2017 Delivery Program adopted by Council on 27 June 2013. The Council Actions detailed in Attachment 1 represent adopted actions derived from the Delivery Program, required to achieve the strategies established in the Community Strategic Plan.

 

The 6 month review report is provided for the public record.

 

Substantial work has been undertaken in relation to the activities and targets in the 2014/2015 Operational Plan, with good progress recorded.

 

Details of progress are provided in Attachment 1.

 

Financial Implications

 

The Council’s financial performance for the quarter is addressed separately in the Quarterly Budget Review.

 

Statutory and Policy Compliance Implications

 

The General Manager is required under Section 404 (5) of the Local Government Act 1993 to provide regular progress reports as to the Council’s progress with respect to the principal activities detailed in the Delivery Program.  Progress reports must be provided at least every 6 months.

 

 


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 18th 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                               13.5 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.5 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.5 - Attachment 4

Text Box:   

UNCONFIRMED
REPORT OF THE SAFE SUMMER IN THE BAY PROJECT REFERENCE GROUP MEETING

 

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

The Mayor thanked the committee for overseeing a very successful New Year’s Eve. Comments and feedback was provided by all present in an ‘around the table’ fashion and have been provided below under the relevant strategy.

Strategies 1, 2 and 4 – Soul St NYE, Youth Event and First Sun NYD

·    Soul St the change in site plan worked well (with the stage on the road instead of in the park) and the programming was great.

·    Mayor was inundated with positive comments from the community.

·    Street festoon lighting and street dressing – event organisers would have liked more but due to budgetary constraints were not able to include.

·    Set up time was tight for Soul St with street closing at 1pm and many parked cars well overstaying the 1 hour parking limit. Couldn’t set up some parts of the event until the cars were moved. Perhaps close the street at 12noon and perhaps stage the street closure with parking closed first.

·    Would have been good as an event organiser to be included in the infrastructure meetings with council staff from November onwards.

·    There is no power available at the northern end of the road closure area in Jonson St which makes it very difficult to program activities that end of the street.

·    Buskers that were programmed at the northern end of the event were very popular.

·    Surprisingly, young families stayed late (some toddlers and young children were noted dancing to the rapper on at 10.30pm).

·    Silent disco was very popular, as was the ‘Spectral Boogie’ (neon lights in the Surf Alley laneway with dance music) which was provided as a youth activity

·    At about 11.30pm there was an obvious flow of people walking up to the beach front, and then a flow back down Jonson St (through the event) at about 12.30pm.

·    The event finish time of approximately 1.30am worked well, keeping people that were still on the streets happily listening to music.

·    Was some concern with ‘sound bleed’ between the two stages in Soul St, but the only evident sound bleed was from The Rails and the main stage for a short part of the early evening (this may have been during The Rails sound check).

·    There is a possible transport issue with Park and Ride finishing at 10pm and concern raised that there were a lot of people in town after that time and how were they going to get home?

·    Parking worked well for stallholders (although 2 were given parking tickets – which is being followed up by staff).

·    There was some miscommunication around the DA for Soul St NYE which had already been identified by staff and a solution is being devised.

·    There is room to grown the youth activities.

·    First Sun unfortunately was totally rained out. Although 50 people turned up and were moved to the Community Centre for an indoor meditation etc.

·    Consider undertaking a street art installation next year – this may assist attracting grant funds for the event and will provide more participation activities.

 

Strategy 3 – Falls Festival

·    Falls shuttle buses made the main bus stop extremely busy early in the night of Soul St NYE, with buses having to do three-point-turns from the bus stop back out onto Marvel St. The bus ‘spotter’ and the bus drivers were very unhappy about this as there were many pedestrians walking in the middle of the road (that was closed) through the buses doing the turns.

·    Perhaps next year Falls buses bringing patrons back after Falls could do a pick up in town and continue on to Suffolk Park, providing a transport option to get people out of town in the early hours of the morning.

·    Falls Festival is considered a crucial part of the overall strategy.

 

Strategy 5 – Policing

·    There was some concern raised about the lack of police on Soul St between 10 - 11.30pm.

·    Most noted the good work of the police with alcohol confiscation this year – notably an improvement on past years.

·    Police reported:

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.

 

Strategy 6 – Alcohol minimisation campaign

·    No specific comments were received about this campaign however all felt the media mix was ‘right’ this year.

 

Strategy 7 – Volunteers (Byron Greeters)

·    Unfortunately it was very difficult to obtain commitment from volunteers to work the week of Park and Ride and for New Year’s Eve. Whilst we have over thirty volunteers on the database of Byron Greeters, less than 10 were able to volunteer during this peak time.

·    There may be an opportunity to partner with both Southern Cross University and TAFE to obtain students for these projects by providing key experience and a pathway to employment.

 

Strategy 8 – Sponsorship/ fundraising

·    Event organisers stated that the main issue around organising the events was the lack of budget, and not having budgets confirmed early enough to book acts. It was very time consuming chasing sponsorship and it is something that needs to be thought through carefully for next year.

·    Definitely need to strategise the funding and sponsorship side of the equation much earlier this year. Perhaps consider an third event during the year to raise money for Soul St and First Sun.

·    There is a possibility of applying for arts based grants but need a program that will fit the funding guidelines. Need to start working on this NOW.

·    It appears that the Safe Summer in the Bay strategies would fit with the NSW Attorney General’s Dept goals.

·    Perhaps also a consideration of a Special Rate on businesses.

·    Perhaps using Butler Street Reserve for paid parking throughout summer could raise some funds to go towards these types of activities.

·    It needs to be noted that any funds raised for Safe Summer in the Bay were to go towards offsetting Council costs for New Year’s Eve. The event organisers were responsible for raising their own funds towards the events.

·    Perhaps consider a well-run raffle as a fundraiser.

 

Strategy 9 – Safe Summer in the Bay PRG

·    The last two years have shown that we have the right people involved and sitting around the table.

·    It was identified several times that an earlier start to planning was needed and this year provides the opportunity for that.

·    The Liquor Accord members reported a quiet New Year’s Eve.

·    Would like to keep the same committee members for this year, with perhaps a couple of creative industry representatives.

·    Need to start meeting earlier this year.

 

Strategy 10b – Communications and media

·    The double messaging was tricky (eg no alcohol, parking restrictions and no fireworks, vs welcoming locals to the town centre for a celebration) but seemed to work this year.

·    The paid facebook advertising was very effective (1.8 million hits going to over 300,000 households)

·    The Gold Coast and ZZZ advertising was very effective.

·    Word of mouth about the events showed an increase.

·    Mostly very positive media post the events.

 

Strategy 10c – Infrastructure

·    Waste collection needs to be tweaked as some bins in Soul St were noticeably overflowing around 8 -9pm.

·    Need to ascertain the best place to leave the full bins at the end of the night, ready for pick up early in the morning.

·    Council was thanked for installing extra powerpoints at both the Clock Tower in Byron St and in Railway Park, however more is needed. Power is an absolute necessity in public spaces if events are to be run and this is something that has not been strategically thought through before (and hopefully can be included in the Masterplanning process – including festive lighting for events).

Hannah Spalding and Paul Spooner left at 4pm.

 

8.    date and time of next meeting:

TBC

Time Meeting Closed:

4.30pm

 

Date Report Confirmed:

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Affix the Council Seal

Directorate:                 Corporate and Community Services

Report Author:           Claire Campbell, Leasing/Licensing Officer

Phil Warner, Manager Assets and Major Projects

File No:                        I2015/32

Theme:                         Community Infrastructure

                                      Infrastructure Services – Supervision and Administration

 

 

  Summary:

 

Affix Council Seal to lease document Byron Shire Council and Golden Breed Corporation Pty Ltd, 10 Lawson Street, Byron Bay (Folio Identifier  B/372589) (PR 42820)

 

  

 

RECOMMENDATION:

That Council’s Seal be affixed to the lease between Byron Shire Council and Golden Breed Corporation Pty Ltd, for 10 Lawson Street Byron Bay, (Folio Identifier B/372589 - PR 42820) in accordance with clause 400 of the Local Government (General) Regulation 2005

 

 

 

 

 


 

Report

 

Land Information

Description: Folio Identifier B/372589 – PR 42820, 10 Lawson Street Byron Bay

Owner: Byron Shire Council

Classification: Operational Land

LEP Zone: Zone 14

 

Council solicitors have prepared an option lease for the premises known as the “Old Byron Bay Library”. The lease is between Byron Shire Council and Golden Breed Pty Ltd.

 

This lease is the exercise of a one year option by the lessee, from the original lease document for the premises known as the “Old Byron Bay Library”.  The premises are currently managed under an Exclusive Management Agency Agreement by Ray White Byron Bay.

 

In accordance with the Real Property Act this document requires registration at the NSW Land and Property Management Office. Prior to registration the document must be executed under Council Seal.

 

 

Financial Implications

 

Lease terms agreed are:

 

Rent: $70,000 plus GST pa - payable by equal calendar monthly instalments in advance of $5,833.34 (plus GST) each.

 

Rent increases: not applicable

 

Lease term: 8 October 2014 to 07 October 2015

 

Further term: nil – notice period of 6 months if no renewal to be offered

 

Statutory and Policy Compliance Implications

 

In accordance with the Real Property Act 1900, lease/licence terms in excess of three years require the lease/licence to be registered on the certificate of title.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Vacancy on Public Art Assessment Panel

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Policy Officer

File No:                        I2015/33

Theme:                         Society and Culture

                                      Community Services – Community Development

 

 

Summary:

 

The Public Art Assessment Panel was established in April 2013 (13-196). Due to the resignation of one of the community representatives in October 2014, a vacancy exists. Council are now requested to select a new community representative from the confidential attachment.

 

  

 

RECOMMENDATION:

 

That Council select ________________ (name of community representative from nominee applications) as the replacement community representative to fill the current vacancy on the Public Art Assessment Panel.

 

Attachments:

 

1        Terms of Reference - Public Art Assessment Panel as amended May 2013, E2013/29662 , page 77  

2        Confidential - Nominees for vacancy on Public Art Assessment Panel February 2015, E2015/7156  

 

 


 

Report

 

The Public Art Assessment Panel was established by Council in April 2013 with the following resolution:

 

13-196 Resolved:

1. That Council nominate two Councillors to participate in the Public Art Assessment Panel:

a) Cr Richardson

b) Cr Spooner

 

2. That Council select two community artists and two community representatives from the nominee applications received, as follows:

 

a) Suvira McDonald as Community Artist representative

b) Paula Cordeiro as Community Artist representative

c) Tracey Whitaker as Community Representative

d) Belinda Smith as Community Representative

 

3. That the Terms of Reference be amended to reflect the changes made by this resolution.

 

4. That Council write to the remaining applicants inviting them to be alternate representatives.

 

The Terms of Reference for the Public Art Assessment Panel states that the PAAP will include the following members:

 

Membership is to include 9 members:

 

·    2 Councillors

 

·    7 members invited from:

Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)

Arts Northern Rivers

Practising Artists Network

2 community artists

2 community representative

 

·    Applicable Council staff*, including Community Policy Officer 

* Staff members participating on the working group do not have any voting entitlements.

 

Each member of the Public Art Assessment Panel will have a corresponding alternate. 

 

The existing members include:

·    Cr Spooner (Chair)

·    Cr Richardson

·    Gavin Brown

·    Peter Wood

·    Rick Molloy

·    Suvira McDonald (community artist rep)

·    Paula Cordeiro (community artist rep)

·    Tracey Whittaker (community rep)

 

A resignation was received from a community representative (Belinda Smith) in October 2014.

 

The original ‘call for nominations’ was advertised in March 2013 and ten nominations were received. Following Council’s appointment of community representatives in resolution 13-196, there remained six nominees that were notified that they would be kept on a list of ‘alternate delegates’.

 

The six alternate delegates were contacted in January 2015 to ascertain their interest in filling the vacancy that now exists on the Panel. Four expressed interest in being considered for the vacancy and are included in the confidential attachment.

 

Councillors are requested to select one of the four to fill the vacancy on the Public Art Assessment Panel.

 

Financial Implications

 

The public art budget balance as at the end January 2015 is $15,268.

 

 

Statutory and Policy Compliance Implications

 

Byron Shire Public Art Policy (10/011)

Byron Shire Public Art Guidelines and Criteria

Terms of Reference Public Art Assessment Panel

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                      13.7 - Attachment 1

 

 

 

 

 

 

 

BSC_RGB

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

 

PUBLIC ART assessment panel

 

TERMS OF REFERENCE

 

 

 

 

 

 

 

 

E2013/29662


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.7 - Attachment 1

INFORMATION ABOUT THIS DOCUMENT
(INTERNAL USE ONLY)

 

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

 

 

Document History

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.

 

 

 

 

Further Document Information and Relationships

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

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.7 - Attachment 1

 

Table of Contents

 

1.      Preamble. 2

2.      Objectives. 2

3.      Timeframe for Group. 2

4.      Membership. 2

5.      Chairperson. 2

6.      Quorum.. 2

7.      Confidentiality. 3

8.      Convenor/Facilitator 3

9.      Voting. 3

10.    Majority Decision. 3

11.    Convening Meetings. 3

12.    Reporting. 3

13.    Meetings Open to the Public. 3

14.    Invited Guests. 3

15.    Audio Taping of Meetings. 4

16.    Vacation of Office. 4

17.    Publicity. 4

18.    Records of meetings (agenda and reports) 4

19.    Section 377 Delegation. 4

20.    Miscellaneous. 5

 

1.1. 
Preamble

 

The Public Art Assessment Panel (PAAP) is a group of people formed to make decisions about Public Art projects in Byron Shire.  A new panel will be chosen for each project and will be determined by the nature and requirements of the project.  The panel will consist of Councillors, Council staff, members from the art community, interested community representatives and specialists/industry professionals or contractors. 

 

2.2.  Objectives

 

The purpose of the PAAP is to review and provide objective independent recommendations to Council in relation to Public Art Projects including aesthetic issues,  value for money, safety, possibility of theft, maintenance required etc and to ensure the Public Art Guidelines and Assessment Criteria have been applied consistently and equitably for all applications. 

 

3.3.  Timeframe for Group

 

The PAAP will be elected for the term of Council.

 

4.4.  Membership

 

Membership is to include 8 members:

··    2 Councillors

 

··    3 members invited from:

oo Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)

oo Arts Northern Rivers

oo Practising Artists Network

 

·    4 community representatives as follows:

oo 2 community artists

oo 2 community representative

 

··    Applicable Council staff*, including Community Policy Officer 

* Staff members participating on the working group do not have any voting entitlements.

 

Each member of the Public Art Assessment Panel will have a corresponding alternate.  Members will be appointed by the Strategic Planning Committee or Council. (Resolution 10-830). Membership amended (resolution 13-196).

 

5.5.  Chairperson

 

The chairperson will be elected from the Councillors in the PAAP.

 

6.6.  Quorum

 

A quorum is to constitute at least half the number of members, i.e. 4 members.

* Staff members are not counted as part of a quorum.

 

7.7.  Confidentiality

 

Members of the PAAP, in those circumstances where confidential matters are subject to deliberation, must maintain confidentiality.

 

8.8.  Convenor/Facilitator

 

The Convenor/Facilitator of the PAAP in most cases will be the staff member unless otherwise decided by the Council or the Strategic Planning Committee.

 

9.9.  Voting

 

Each member of the Group (with the exception of the staff members) is to have one vote.  If the vote is tied on any particular matter it will be referred to the Strategic Planning Committee for determination.

 

10.10.  Majority Decision

 

A majority decision must be reached.  A majority decision comprises a majority of the invited representative members present.  Voting on any item is subject to the requirements of a quorum being met at the meeting.

 

11.11.  Convening Meetings

 

The PAAP will meet bimonthly, or more often as a project requires, to make decisions and develop strategies to ensure successful completion of the project.

 

12.12.  Reporting

 

The PAAP reports to Council or the Strategic Planning Committee.

 

13.13.  Meetings Open to the Public

 

The meetings will not be open to the public.

 

14.14.  Invited Guests

 

The PAAP Convenor may request to seek further expertise and/or community consultation as agreed to by the Group and if necessary arrange attendance of a person providing the expertise at a PAAP meeting, for example a Council member with expertise in Community Services, Tourism, Community Infrastructure, Finances or Environment and Land Use.  Any request for information to be at no cost to Council unless a budget is allocated by Council and the expenditure has been authorised in writing by staff with requisite delegations.


 

15.15.  Audio Taping of Meetings

 

This will not be required unless otherwise decided by the Council or the Strategic Planning Committee.

 

16.16.  Vacation of Office

 

Any PAAP member wishing to resign from the group shall do so in writing. 

 

Invited Members:  If an invited member of the Group who represents an organisation resigns, an invitation to the organisation for an alternate delegate will be requested.  If no alternate delegate is nominated by the organisation then that position will become redundant.

 

Community Members:  If a community member resigns and if more than half of the timeframe to complete the PAAP’s objectives still exists and an alternate delegate has been resolved by Council then that person appointed by Council as an alternate delegate will then be appointed as the new community member.  If no alternate delegate has been appointed by Council or the alternate delegate declines to accept the vacant position then that position will become redundant. 

 

17.17.  Publicity

 

PAAP members unless authorised by Council are not to promote or advertise the group’s activities.

 

18.18.  Records of meetings (agenda and reports)

 

a)a)      The Convenor/Facilitator of the Group will prepare the Agenda, Progress Reports and Action lists of the Group’s meetings formatted in accordance with Council’s templates. 

b)b)      The reports of the Group’s meetings are to be reported to Council or the Strategic Planning Committee when required.

c)c)      If the time frame allocated to complete the objective(s) is 6 months or more the Group is to provide a progress report quarterly to Council or the Strategic Planning Committee on its progress.

d)d)      At the end of the Group’s term a final status report will be presented to Council or the Strategic Planning Committee on the outcomes of the objective.

 

19.19.  Section 377 Delegation

 

The PAAP does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff.

 

 

20.20.  Miscellaneous

 

Insurance: All group members are covered by the public liability policy of Council insofar as they are acting in their capacity as a group member, within the scope of the PAAP’s Terms of Reference and in accordance with the Code of Conduct and statutory obligations. This insurance does not preclude the working group from due diligence and all Council policies must be adhered to.

 

Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.

 

Pecuniary Interest:  Pecuniary Interest may be defined as an interest that a person has in a matter, as a group member or employee of a company or other body, because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person, or another person with whom the person is associated. Such other person includes the spouse or de-facto partner or relative of the group member.

 

Section 446 of the Local Government Act states that:

“a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests..”

 

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.

 

Privacy:  All group members are to abide by Council’s Privacy Management Plan (see http://www.byron.nsw.gov.au/publications?P ) relating to their access to personal information.

Meeting Practice:  If any other issue arises regarding meeting practice not covered under this constitution, it be referred to the General Manager or delegate or if required Council for a determination to be made.


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:

Consolidated

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

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:-

 

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

 

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

 

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 - Corporate and Community Services                               13.9 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.9 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.9 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.10

 

 

Report No. 13.10         Council Resolutions Review October to December 2014

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

File No:                        I2015/43

Theme:                         Corporate Management

                                      Administrative Services

 

 

Summary:

 

This report provides an update on the status of Council resolutions outstanding and proposed actions, and on resolutions completed, for consideration by Council.

 

 

  

 

RECOMMENDATION:

1.       That Council receive and note the information provided in this report on outstanding Council resolutions.

 

2.       That Council note the completed resolutions in Attachment 2 (#E2015/8738).

 

 

Attachments:

 

1        Summary Report on Council Resolutions - December 2014 Quarter, E2015/8741 , page 204  

2        Completed Resolutions - October to December 2014, E2015/8738 (provided under separate cover)  

3        Outstanding Council Resolutions as at 31 December 2014, E2015/8739 (provided under separate cover)  

 

 


 

Report

 

This report provides a quarterly update on the status of Council resolutions to 31 December 2014.

Council resolutions relate across all Activities in Council’s Operational Plan with responsible officers within Council providing input into this status report.

A summary status report is at Attachment 1.

 

The outstanding Council resolutions activity during the quarter is provided below:

 

·     113 new resolutions created during the October to December quarter

·     159 resolutions completed during period 1 October to 31 December 2014

·     231 Closing balance of outstanding resolutions as at 31 December 2014

 

The outstanding Council resolutions for Council terms is provided below:

 

179 outstanding Council resolutions current Council (2012-2016)

·       52 outstanding Council resolutions from previous (2008-2012)

·     231 Closing balance of outstanding resolutions as at 31 December 2014

 

Details of completed resolutions for the period 1 October to 31 December 2014 are provided at Attachment 2.

 

An update on the status of outstanding resolutions is provided at Attachment 3 which comprises:

 

·    previous Council Oct 2008-2012 (pages 1 to 5 of Attachment 3)

·    current Council Sept 2012-2016 (pages 6 to 21 of Attachment 3)

 

Council at its Ordinary meeting held on 28 August 2014 when it considered the report on Council Resolutions for the period April to June 2014 resolved (14-417) as follows:

 

3.    That staff conduct a review of outstanding resolutions to determine:

 

a)    Which ones currently fit within other resolutions

b)    Which ones cannot be resourced

c)    Report to Council resolutions able to be closed.

 

This review has been undertaken by staff and is the subject of a separate report to Council at this meeting.

 

Financial Implications

 

A number of resolutions note that resource constraints limit completion of action required.  Council may consider the priority of the respective resolutions and whether further action is still required.

 

Statutory and Policy Compliance Implications

 

·     Council requires a quarterly report be prepared to allow it to consider the quarterly Management Plan and Budget reviews along with a review of Council resolutions.

·     Implementation of Council resolutions in accordance with the Local Government Act 1993.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                        13.10 - Attachment 1

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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                                 13.12

 

 

Report No. 13.12         PLANNING - State Environmental Planning Policy No. 1 - Variations to development standards - 1 October to 31 December 2014

Directorate:                 Sustainable Environment and Economy

Report Author:           Wayne Bertram, Manager Certification and Assessment

File No:                        I2015/44

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report has been provided as a requirement of NSW Department of Planning circular PS-08-014, as amended by agreement to enable the quarterly reporting of all development applications, where SEPP 1 variations have been granted, under delegated authority.

 

All development applications determined, where SEPP 1 variations have been granted, for the period 1 October to 31 December  2014 are included in this report.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

  

 

RECOMMENDATION:

That the report be noted.

 

 

 

 


 

Report

 

In accordance with the NSW Department of Planning and Infrastructure guidelines advised in Planning Circular PS 08-014, all development applications where SEPP 1 variations have been granted under delegated authority are to be reported to Council for information.

 

All development applications determined in the period 1 October to 31 December 2014 are outlined below:

 

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

 

 

Financial Implications

 

Not applicable

 

Statutory and Policy Compliance Implications

 

The report is provided as a requirement of NSW Department of Planning circular PS-08-014. This circular can be viewed at http://www.planning.nsw.gov.au/planning-system-circulars

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         Vegetation mapping review

Directorate:                 Sustainable Environment and Economy

Report Author:           Angus Underwood, Team Leader Natural Environment

File No:                        I2015/28

Theme:                         Ecology

                                      Land and Natural Environment

 

 

Summary:

Council’s vegetation mapping is currently being reviewed and updated for around 20,000 hectares of the coastal area of the Shire. The current review is significant in scope and nature and will improve the accuracy of the mapping and reflect changes in vegetation extent and composition over time. This report provides an overview of the process used to undertake the mapping, the data collected and results to date.

 

In order to provide an opportunity for landholders to review the mapping and make comments it is recommended that the mapping is placed on public exhibition. It is anticipated further site inspections will be carried out in response to submissions received during the exhibition that will further improve the accuracy and confidence in the mapping finalised.

 

  

 

RECOMMENDATION:

1.       That the Byron coast vegetation mapping 2015 be placed on public exhibition for a period of 28 days.

 

2.       That staff initiate discussions with the Office of Environment and Heritage and Department of Planning and Environment seeking their support and financial assistance to finalise the review of the vegetation mapping for the remainder of the Shire.

 

 

 

Attachments:

 

1        Technical Information , E2015/8128 , page 221  

2        Draft Frequently Asked Questions Vegetation Mapping 2015, E2015/8279 , page 230  

 

 


 

Report

Council’s vegetation mapping is currently being reviewed and updated. The current review is significant in scope and nature and will improve the accuracy of the mapping and reflect changes in vegetation extent and composition over time.  Vegetation mapping was initially carried out in 1999 as part of the Byron Flora and Fauna Study and a review of parts of the mapping was undertaken in 2007.

 

The aims of the current review include:

 

-     Improve the accuracy of the mapping by using the most recent high resolution imagery and undertaking additional ground truthing.

-     Re-classify vegetation types to ensure consistency with the NSW plant community type classification in the NSW Vegetation Information System.

Council engaged Landmark Ecological Services Pty Ltd to undertake the mapping update in April 2014.

 

Study area

The current review is restricted to the coastal lowland areas of the Shire taking in the areas around Broken Head, Skinners Shoot, Suffolk Park, Byron Bay, Ewingsdale, Myocum, Tyagarah, Mullumbimby, Brunswick Heads, Ocean Shores and Billinudgel (Figure 1).

 

This area has been prioritised as it includes the area with the highest level of development, contains large areas of vegetation listed as endangered ecological communities (Threatened Species Conservation Act 1999, Environmental Protection and Biodiversity Conservation Act 1999), and includes the area covered by the draft Koala Plan of Management. For these reasons it is important to have accurate information on which to base land use management decisions.

 

A vegetation mapping review across the remainder of the Shire is also required but is not currently 

resourced. Council has previously sought funding under the Department of Planning and  

Environment’s - Planning Reform Fund to review the vegetation mapping but has not been

successful. Finalising the review of the remainder of the Shire’s mapping is critical to enable the

holistic development of a Rural Lands Strategy for the Shire. It is therefore recommended that

Council initiate discussions with the Office of Environment and Heritage and Department of

Planning and Environment seeking their support and financial assistance to progress the review of the vegetation mapping for the remainder of the Shire as a matter of urgency.

 

Information sources

Vegetation is mapped using a combination of aerial photograph interpretation (API), reviewing existing information (e.g. vegetation survey data from various Council and state government projects), and on-ground site inspections. Landmark are amending the existing mapping using Geographic Information System (GIS) software to digitally map vegetation communities.

 

The most recent high resolution aerial photography available is being used from a range of sources including:

·    Imagery supplied to Council from NSW Land and Property Information – includes imagery from May 2013, Sept 2012 and Sept 2009.

·    Sixmaps – Land and Property Information website http://maps.six.nsw.gov.au/

·    Nearmaps – high resolution imagery from 2014

In addition vegetation mapping and assessments produced through other Council projects and development applications have been considered in the mapping review.

 

 

Figure 1 – Vegetation mapping review study area

Data collection

In addition to identifying the vegetation types a range of technical data was recorded for each ‘polygon’ (ie unit of vegetation with same or similar attributes). This includes whether the area was plantation, the dominant tree species present, landscape condition, canopy cover, koala habitat score and observation type. Details of the data collection and other technical information is included in Attachment 1.

 

Field inspection

Following the initial digital mapping process via API ground truthing has being carried out by the consultants and Council staff. Ground truthing involves inspecting vegetation to confirm whether the initial API is correct, and to gather further information to assist in the vegetation classification process. Any errors in initial API mapping are recorded for amendment.

 

To facilitate ground truthing, a register of landholders was developed following promotions via local media and community newsletters. The register includes landholders supportive of allowing vegetation on their property to be ground truthed. In addition many properties involved in Council projects such as Land for Wildlife and Koala Connections have been assessed.

 

It is anticipated the public exhibition period will provide a further opportunity to undertake ground truthing in areas which have not yet been accessed.

 

Vegetation classification system

A new vegetation classification system has been adopted as part of the mapping review. Council will now be using the State Government’s Vegetation Information System (VIS) Classification database to ensure consistency with NSW standards. This system incorporates three levels; vegetation formations, vegetation classes and plant community types, as shown in the Figures below.

 

http://www.environment.nsw.gov.au/images/research/VIS1.jpg

Example of classification hierarchy

Vegetation Formation

Forested Wetlands

Vegetation Class

Coastal Swamp Forest

Plant Community Type

(PCT)

Broad-leaved paperbark swamp sclerophyll forest with rainforest elements on coastal floodplains north of the Richmond River.

 

 

 

 

 

 

 

 

 

 

 

 

 

The plant community type (PCT) classification provides the most detailed description of vegetation and was developed by the state government to provide a standard approach to vegetation classification and mapping. All areas have been mapped to Vegetation Class level, and Plant Community Type will be used where sufficient information is available to allow classification to this level.

 

As part of the review existing vegetation classifications developed during the Byron Flora and Fauna Study 1999 across the entire Shire will be translated to the VIS classification.

 

Uses of the mapping

The vegetation mapping provides baseline data which Council can use for a range of purposes including:

·    to inform the development/ review of the Biodiversity Conservation Strategy;

·    to inform land use planning and zoning (including environmental zoning);

·    to identify high conservation value vegetation such as endangered ecological communities, koala habitat, old growth forest and wetlands;

·    for use by Landcare, community groups and landholders to inform management of vegetation and habitats, and conservation programs.

 

Results

The Stage 1 Project Area occupied a total area of 20,000 hectares, which included 2,274 hectares of National Parks land which was not included in the mapping process. Of the 17,729 hectares mapped 6,586.7 hectares (37.2%) is vegetated, including plantation and in addition open water occupied 134.0 hectares (Table 1).

 

National Parks (NP), Nature Reserves (NR), a State Conservation Areas (SCA) and an Aboriginal Area (AA) are located in the study area, but are out of the scope of mapping for the current project.

 

Table 1 Land use

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

 

 

To date 38.8% of the mapped area has had some ground truthing completed (Observation type 1-3) or been verified by other sources (Observation type 5) (Table 2). Data is reported for mapped vegetation including plantations as well as open water polygons.

 

 

Table 2 Observation type

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

 

Within the mapping area 8 vegetation formations, 17 vegetation classes and 73 plant community types (PCT’s) were identified. The vegetation list was derived from Vegetation Classification for the Northern Rivers Catchment Management Area of New South Wales 2012 and the principles set out in the NSW Vegetation Classification and Assessment (NSW VCA). As recommended by the Office of Environment and Heritage a number of draft PCT’s have been included to describe areas of vegetation that did not fit into the existing classification system.

 

Polygons which were not classified to PCT level included vegetation requiring more detailed site inspection or many instances of exotic, disturbed and early succession vegetation that could not be placed in a system designed for late successional native vegetation.

 

Details of the vegetation types identified during the mapping project broken down into formation, class and plant community types is provided in Attachment 1.

 

Public exhibition

 

The mapping  is now at a stage that it is ready for public exhibition. Public exhibition will provide an opportunity for landholders to view the current mapping and notify Council if they believe that the mapping is not accurate. It provides a further opportunity to expand the level of ground truthing currently complete and improve the overall confidence in the mapping.

 

As part of the public exhibition the community will have the following resources available:

 

1.       A series of high resolution maps to download from Council’s website to view draft mapping at a property scale. An example of the mapping format can be seen at http://www.byron.nsw.gov.au/byron-shire-environmental-mapping which contains information of Council’s current mapping products.

 

2.       Supporting information and FAQ sheets to assist landholders to understand the mapping process and product. (Example: draft Attachment 2)

 

3.       Landholders can make an appointment with Council staff to view and discuss the mapping for their property.

 

Landholders can also lodge a submission to Council if they believe the mapping is not accurate. The mapping will then be reviewed, and Council staff will request a site inspection of the property in order to confirm any amendments required.

 

Following the exhibition period and consideration of submissions a final report will be prepared on the mapping for Council endorsement.

 

Financial Implications

 

Nil

 

 

Statutory and Policy Compliance Implications

 

Nil

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy             13.13 - Attachment 1

VEGETATION MAPPING REVIEW 2014/15

 

DATA COLLECTION AND TECHNICAL INFORMATION

 

 

For each ‘polygon’ (ie unit of vegetation with same or similar attributes) the following information is recorded;

 

Plantation or non plantation

Each area was recorded if it was plantation or natural (eg remnant or regrowth vegetation).The definition of “plantation" based on the Plantation and Reforestation Act 1999:

‘Plantation’ means an area of land on which the predominant number of trees or shrubs forming, or expected to form, the canopy are trees or shrubs that have been planted (whether by sowing seed or otherwise):

(a) for the purpose of timber production, or

(b) for the protection of the environment (including for the purpose of reducing the salinity of the land or otherwise repairing or improving the land, for the purpose of biodiversity conservation or for the purpose of acquiring or trading in carbon sequestration rights), or

(c) for any other purpose,

but not principally for the purpose of the production of food or any other farm produce other than timber.

 

Plantations were recognized during API by their structure (often planted in rows), but the prevalence of restoration plantings in which planting is designed to mimic natural floristic’s and structure often made the distinction difficult.

 

For each area of plantation the type was recorded;

1.       Eucalypt/ sclerophyll - included plantings for timber production, windbreaks around orchards and for conservation purposes (e.g. Koala food trees)

2.       Exotic Pine

3.       Hoop Pine

4.       Rainforest (mixed species) – usually for conservation purposes

5.       Orchard – macadamias, fruit trees, bananas etc

6.       Mixed/other- includes cultural plantings and large gardens in rural areas. Many plantings were of exotic or non-locally native species but often included mature trees contributing to habitat values and landscape connectivity.

 

Floristic information

Dominate and sub dominant plant species in the canopy were recorded. Other species where recorded when required to assist classification.

Areas dominated by camphor laurel were categorised into different classes based on the current vegetation mapping categories i.e Camphor laurel 51-80% and Camphor laurel 81-100%.

 

Landscape condition

Landscape condition determined from API with modification as required following ground inspection. Categories and codes were as follows:

 

1. Old growth - Mature forest or other vegetation with common age related features (fallen logs, senescent trees, stags, tree hollows, epiphytes, lithophytes, buttresses, large trees, emergent’s etc).  API indicators include large crowns, senescent emergent’s, longevity of mature vegetation in historical aerial photographs, known remnants.

 

2. Mature forest - well developed vegetation; e.g. >5 years old for non-woody vegetation; >8 years for shrublands; >40 years for forests.  API indicators include mature crowns dominant, longevity of mature vegetation in aerial photographs.

 

3. Advanced regrowth - Intermediate successional development, e.g. 1-5 years old for non-woody vegetation; 3-8 years for shrublands, 10-40 yrs for forests

 

4. Regrowth - Early successional development, e.g. <1 year old for non-woody vegetation; <3 yrs for shrublands; <10 years for forests.  API indicators include comparison of aerial photographs from past 10 years. 

 

 

Canopy cover

Four canopy cover classes used which reflect the % cover of the vegetation canopy. This aids in the structural classification of vegetation into categories – e.g closed forests, open forests and woodlands etc.

Canopy classes include:10-30%, 31-50%, 51-80%, 81-100%

 

 

Observation type

 

Each polygon was assigned an ‘Observation type’ score according to the source of the data and/or the manner in which data was collected. Observation type are shown in Table 1 below:

 

Table 1 Observation type

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

 

The observer and date of observation was also recorded.

 

Koala habitat

Each polygon was assigned a koala habitat score reflective of the definitions shown in Table 2.

 

Table 2 Koala Habitat

 

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.

5

Unknown

Vegetation mapping polygons for which there is insufficient data available to enable classification.

 

The list of primary and secondary koala trees is show in table 2.

 

Table 3 Koala feed trees

 

Scientific Name

Common Name

Primary

Tallowwood

E. microcorys

Forest Red Gum*

E. tereticornis

Swamp Mahogany

E. robusta

Secondary

Small-fruited Grey Gum

E. propinqua

Scribbly Gum

E. signata

* includes the naturally occurring E. tereticornis x E. robusta hybrid referred to as E. patentinervis (Bale, 2003).

 

Additional notes

Include any other floristic data that may aid vegetation classification or any observations of note.

 

 

VEGETATION CLASSIFICATION

 

Within the mapping area 8 vegetation formations, 17 vegetation classes and 73 plant community types (PCT’s) were identified.

 

Table 4 provides detail of the categories.

 

 

 

 

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

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.13 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.14

 

 

Report No. 13.14         Report of the Planning Review Committee Meeting held on 3 February, 2015

Directorate:                 Sustainable Environment and Economy

Report Author:           Wayne Bertram, Manager Certification and Assessment

File No:                        I2015/42

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report provides the outcome of the Planning Review Committee Meeting held on
3 February, 2015.

 

  

 

RECOMMENDATION:

That the report be noted.

 

 

 


 

Report

 

The following development applications and Section 96 applications were reviewed with the outcome shown in the final column.

 

DA No.

Applicant

Property Address

Proposal

Reason/s

Outcome

10.2014..753.1

Geolink

Lots 103-105 DP 1023126

30 Tanner Rd,

35 Yarun Lane Tyagarah

Community Events facility

The number of public submissions

 

The perceived public significance of the application

Council

10.2014.741.1

D P Roberts Planning Solutions

93 Station St

Mullumbimby

Demolition work and boundary adjustment of 3 existing lots

 

Delegation

 

Council determined the following original development applications. The Section 96 application to modify these development consents are referred to the Planning Review Committee to decide if the modification applications can be determined under delegated authority.

 

DA No.

Applicant

Property Address

Proposal

Reason/s

Outcome

5.1987.208.4

North Byron Beach Resort

144 Bayshore Drive

Byron Bay

S96 to relocate and modernise the design of 22 of 193 previously approved cabins (Tourist Facility)

 

Delegation

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.15

 

 

Report No. 13.15         PLANNING DA 10.2014.593.1 Multi dwelling housing (14 dwellings)  51-53 Rajah Road, Ocean Shores

Directorate:                 Sustainable Environment and Economy

Report Author:           Paul Mills, Senior Assessment Officer - Planning

File No:                        I2015/46

Theme:                         Ecology

                                      Development and Approvals

 

 

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 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.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

 

  

 

RECOMMENDATION:

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 listed in Attachment 1.

 

 

Attachments:

 

1        Assessment Report, A2014/27145 , page 238  

2        Proposed Plans 10.2014.593.1, E2015/7701 , page 281  

3        Confidential - Submissions, E2015/7817 (provided under separate cover)  

 

 


 

 


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

 

Delete references to internal referrals when preparing a report for Council

 

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,

(c)  landscaped area if:

(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

 

(c)  the impact of the proposed development on the amenity of the coastal foreshore including:

(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,

(c)  the quality of the fill or the soil to be excavated, or both,

(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,

(c)  the disposal and management of sewage,

(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,

(c)  to ensure a housing mix and tenure choice including affordable housing,

(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.

 

 

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.

 

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

 

 

 

 

 

 

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 30m2 of 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.

 

 

 

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.

 

DSC06864

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

 

DSC06868

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

 

DSC06875

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

 

 

DSC06881

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

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

(c)  stating that unauthorised entry to the work site is prohibited.

 

(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.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.15 - Attachment 2

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.15 - Attachment 2

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.15 - Attachment 2

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.16

 

 

Report No. 13.16         Coastal Zone Management Plan Byron Bay Embayment

Directorate:                 Sustainable Environment and Economy

Report Author:           Catherine Knight, Coastal Officer

File No:                        I2015/75

Theme:                         Ecology

                                      Land and Natural Environment

 

 

Summary:

 

The draft Coastal Hazard Management Study Byron Bay Embayment Version 4 (draft CHMS) has been received. The draft CHMS has been reviewed by staff and the Office of Environment and Heritage (OEH). At the time of writing this report comments from Crown Lands were outstanding.

 

The draft recommends a coastal erosion strategy for Belongil Beach that is based on adaptive management with three engineering stages: seawalls, groynes, sand bypass plant (or small scale beach nourishment).

 

The OEH advise they would not recommend certification of the draft Coastal Zone Management Plan Byron Bay Embayment (draft CZMP BBE) if an adaptive engineering option is adopted as per the consultant’s draft recommendation, i.e. with seawalls as stage one, groynes as stage two and beach nourishment as stage three. The OEH require instead a beach nourishment scheme to be set up prior to the construction of any proposed seawalls.

 

Post a January workshop with ‘directly affected’ stakeholders, the OEH provided late ‘draft’ comments on the cost benefit analysis; the cost benefit analysis being an important component of the draft CHMS. The OEH advise that certification of the draft Coastal Zone Management Plan Byron Bay Embayment (draft CZMP BBE) may not occur if additional work on the cost benefit analysis is not undertaken. The nature of this work will be clarified following: the finalisation of the OEH comments, the provision of advice from the NSW Coastal Panel.

 

As a consequence of the OEH advice, staff have requested an urgent meeting with the NSW Coastal Panel to discuss implications for the finalisation of the draft CHMS, including the cost benefit analysis, and any additional work required.

 

 

  

 

RECOMMENDATION:

That Council note staff have written to the NSW Coastal Panel to request an urgent meeting to discuss the implications of advice provided by the Office of Environment and Heritage on the draft Coastal Hazard Management Study Byron Bay Embayment.

 

 

 

 

 


 

Report

 

Council engaged the consultants Water Research Laboratory (WRL) to prepare the Coastal Hazard Management Study Byron Bay Embayment (CHMS). The project is jointly funded by Byron Shire Council and the state government through the NSW Coastal Management Program. The CHMS is the final step before Council prepares the Coastal Zone Management Plan for the Byron Bay Embayment (CZMP BBE) which is the subject of a Ministerial Direction to finalise by 31 December 2014 (an extension to 30 June 2015 has been requested).

 

The most recent version of the draft CHMS (Version 4) contains a draft management recommendation for managing the coastal erosion hazard at Belongil Beach. The draft option is a three stage, engineered, adaptive management scheme:

·    Stage 1: Seawall;

·    Stage 2: Self filling groynes;

·    Stage 3: Sand bypass plant.

 

 

The draft CHMS has been reviewed by staff and the Office of Environment and Heritage (OEH). At the time of writing this report comments from Crown Lands were outstanding. The main findings from the draft CHMS were also presented to affected stakeholders at a workshop on 28 January 2015. Submissions on the workshop materials were invited and will be the subject of a subsequent report to Council.

 

A number of key issues have arisen out of the most recent review of the draft CHMS, specifically advice provided by the Office of Environment and Heritage (OEH) on the 14 January 2015 and later on the 4 February 2015. An extract of the 14 January advice is below:

 

In accordance with best practice and the objectives of the Coastal Protection Act 1979 [Part 1(3) and Part 4A section 55(C)], OEH Regional Operations Group would not be in a position to recommend certification of a CZMP containing a hazard management strategy that is not accompanied by measures that appropriately and reliably address the expected impacts of that strategy. The staging of the CZMP management actions is therefore critical in this regard.

 

The nature of the coastal processes in the Byron Bay embayment and the physical performance of the ad-hoc works along Belongil Beach provide a direct indicator of the associated down drift impacts on this coastline. These impacts are considered to be large.

 

A small-scale sand nourishment scheme is thus considered the most feasible and reasonable impact mitigation strategy over the short to medium term for the adaptive management approach advocated. Development and finalisation of a scheme should be an action of the CZMP implementation strategy. This scheme would need to be set up prior to the construction of the proposed seawall.

 

It is the view of OEH that a solution to mitigate projected impacts from the seawall protection strategy must be thoroughly investigated, determined, and ready to implement before commencing the approvals, upgrade and/or construction of permanent approved seawalls along Belongil Spit. Development and finalisation of a solution to mitigate the projected seawall protection strategy impacts should be the key first action of the CZMP implementation strategy.

 

A self-filling groyne would not be a 2nd phase element beyond the upgrade of seawall structures because without the nourishment, the off-site impacts from a self-filling groyne simply cannot be managed. The possible construction of groynes may be staged over many years subject to the monitored performance of a sand nourishment scheme.

 

Monitoring is a key element of the CZMP and is integral to the above strategies. For this reason the monitoring strategy should be emphasised and detailed in the study.

 

It is recommended the CHMS be amended to reflect the nature of this advice.…

 

The 14 January advice from OEH did not include feedback on the draft Cost Benefit Analysis (CBA), at Appendix K of the draft CHMS. The OEH provided draft comments on the CBA late in the project on the 4 February 2015 and after the January workshop with directly affected stakeholders. An extract of the draft OEH comments, dated 4 February 2015, is provided:

 

The Byron Bay cost benefit analysis (CBA) identifies options involving a sea wall as providing the greatest net benefit to the community.  In descending order of preference (from most to least preferred), the results of the CBA are:

 

1.    Groyne sea wall with beach nourishment

2.    End control sea wall with beach nourishment

3.    End control sea wall without beach nourishment

4.    Status Quo – Scenario 1 (retention of existing ‘ad hoc’ sea wall with replacement after storms)

5.    Planned retreat – Scenario 2 (involving removal of existing ‘ad hoc’ sea wall)

 

The CBA correctly identifies the major costs and benefits associated with the proposed erosion management options put forward for consideration.  While there are a number of issues identified with the analysis, it is believed that most will have a marginal effect only and so are not considered critical in nature. 

 

However, interaction between two critical assumptions in the CBA appears to create an unintended technical effect that favours options involving a sea wall.  These assumptions concern the timing of:

·        a major storm event (1 in 100 year storm); and

·        the vacating of houses as part of a planned retreat management option.

 

The technical effect of the assumptions is to emphasise the benefits of the sea wall option and to emphasise the costs of the planned retreat option.

 

There is insufficient information in the CBA to allow a recalculation of the net present value (NPV) or benefit cost ratio (BCR) of each option.  However, the impact of the assumptions is such as to suggest that – after accounting for the technical effect – the order of preferred options may change.

 

Given the above, it is suggested that underpinning assumptions are reviewed to ensure unintended technical effects are accounted for, before being resubmitted for consideration by the Byron Bay Council.

 

Council staff and the consultants met with OEH staff, including the author of the draft comments, OEH’s Chief Economist, on the 13 February 2015. At the meeting, the draft OEH comments and the nature of additional work required were discussed. The OEH indicated that substantial new work may be required on the CBA but that clarification would be forthcoming upon: formalisation of the OEH comments, and advice from the NSW Coastal Panel.

 

As a result of the OEH comments on the draft CHMS, including advice on the adaptive management option as well as advice on the CBA, staff have written to the NSW Coastal Panel to request an urgent meeting. The meeting will discuss the implications of the advice on the draft CHMS such as additional work required.

 

Financial Implications

 

The financial costs of preparing the CHMS are detailed at Table 1. The costs and financial implications associated with additional work on the CBA will become clearer after acquiring clarification from the NSW Coastal Panel on the nature of the work involved and after negotiating with OEH on funding arrangements. OEH have indicated that they may fully fund the CBA variation.

 

Table 1      Expenses and funding (ex GST) for preparing the Coastal Hazard Management Strategy Byron Bay Embayment as at time of preparing report

 

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

* Excluding internal BSC costs for managing and administering the project, reviewing reports etc.

 

 

Statutory and Policy Compliance Implications

 

A draft CZMP is to be prepared in accordance with the requirements of the Coastal Protection Act 1979 (CP Act).

 

The NSW Coastal Panel is a statutory authority under Part 2A of the CP Act. The panel’s role is to provide expert advice to the Minister administering the CP Act and to local councils. The Minister may also refer draft coastal zone management plans to the panel for review.

  


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                               13.17

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.17         Steam Weeding Trial

Directorate:                 Infrastructure Services

Report Author:           Andrew Erskine, Open Space Technical Officer

Tony Nash, Manager Works

File No:                        I2015/48

Theme:                         Community Infrastructure

                                      Open Space and Recreation

 

 

Summary:                   

This report outlines the results of a steam weeding trial, including its limitations and recommendations for further use of the technology.

 

 

  

 

RECOMMENDATION:

 

1.       That steam weeding be endorsed as a method to supplement mechanical means for the maintenance of weeds and other unwanted vegetation near children’s playgrounds.

 

2.       That the provision of a budget to facilitate the progressive integration of steam weeding into Council’s on-going weed control programs and to allow steam to be used as the primary method to weed pavements, garden beds and gutters outside shops in the retail precinct of each town and village be considered as part of the process for the development of the 2015/16 Budget.

 

 

 

 

 

 

 

 

 

 


 

Report

 

Attached are photos of the initial trial of the steam weeding machine at a car park in Suffolk Park. 

 

From this trial staff were able to ascertain that the steam rapidly affected the cellular structure of the target plant, destroying its above ground parts.  In many cases this will stimulate a flourish of new growth that a secondary treatment some time later will address.  In most cases this secondary treatment will exhaust the reserves of the weed, however a third treatment may be required.

 

The machine was better suited to addressing relatively flat plants due to its nozzle setup.  Passing the nozzle backwards and forwards a few times over the plant led to rapid collapse. 

 

The method was trialled on deeply piled Singapore Daisy, but staff found that in this situation a layer at a time would have to be treated, as the material was still alive beneath the uppermost affected material.

 

The method was not well suited to treating woody weeds, or climbing vines and is not able to discriminate between turf weeds and the desirable grass that surrounds them.

 

The contractor who supplied the machine for the trial suggests that the methodology in its current array is not well suited to bush regeneration activities.  A note of caution is that if this treatment is used around the base of trees it may also kill the tree.

 

The most practical application for the machine is in the treatment of flat weeds and grasses in pavement and town garden beds, to which it is well suited. 

 

One of the constraints of the unit is access in town for the vehicle and trailer in the peak visitor period.  The 4WD ute and the trailer that the steam unit sits upon is approximately 10m long and, with the exception of a few parallel parks in Jonson Street, could not legally park during normal hours.  Mounting the steam unit on the back of a small truck would improve manoeuvrability. 

 

Another constraint is that the operator has a limited range from the machine of a 30m hose.  With a hose any longer than that heat is lost before application.  Early morning operation would seem to be the answer to these constraints, except that the machine is quite noisy and wouldn’t be able to be used prior to 7am in accommodation areas.

 

The trial conducted by staff focused on children’s playgrounds.  The situations there of hard and soft surfaces proved relevant to urban situations and it was discovered that the machine was also very effective at cleaning play equipment and associated furniture while on site.

 

Steam weeding 001Steam weeding 002

The steam weeding unit is approximately 10 meters long; water is heated using diesel and pump driven by unleaded fuel.

Steam weeding 004Steam weeding 006

Steam is applied and the target instantly succumbs.  The treatment was non-selective and affected the grass as well.  Without follow-up treatments the Singapore Daisy has regrown

 

 

Steam weeding 003Steam weeding 007

The method was most effective in this situation, but according to its manufacturers a secondary and perhaps third treatment may be required to completely kill the weed.

 

 

Following this initial report we assigned a number of locations containing playground equipment to the steam weed contractor.  Parks Overseer reports on 17 July:

 

 

Steam control of weeds has been carried out in Parks as an alternative to glyphosate.  This has been done following requests from sections of the community and Council and was carried out in 24 park locations, one of which had the playground equipment steam cleaned at the same time.  This was Elkhorn Park in Bangalow which is under trees where a flying fox colony were roosting, but have since moved on.  Results here were excellent and this method I highly recommended for cleaning playground equipment, furniture and bin surrounds.

 

Results of steam for weed control as opposed to a low concentration herbicide mix are not so clear-cut, from an economical point of view especially.

 

23 of the parks had an application around the perimeter and inside the softfall zone only, where weeds were present, at a cost of $3,580 (Elkhorn Park included the playground equipment costing $308).  A follow up spray is required and in some cases a third visit may be necessary to ensure an adequate kill is achieved of the targeted vegetation, costing around $10,000.  This process would need to be repeated 2 or 3 times a year to keep the play areas free of encroaching grass and weeds

 

The same areas controlled using a herbicide would cost around $1,500 to achieve the same result, needing one application 2 to 3 times a year.

 

Leopardwood Park Bangalow (1)Rec ground Bangalow (1)

Leopardwood Park Bangalow following steam treatment on edges and soft fall

 

 

 

steam weeding jan 2015 013more steam 005

Bangalow Rec Ground.  This treatment was carried out at about the same pace as brushcutting

 

 

 

steam weeding jan 2015 015more steam 009

 

The vine was affected to some extent, the tree has since died, perhaps due to near proximity of the steam.

steam weeding jan 2015 012more steam 006

An attempt was made to selectively kill turf weeds, the weeds suffered but some regrowth is seen.  Off target damage to desirable surrounding grasses was unavoidable.

 

 

From 1/1/14 to 31/7/14 an amount of $10,048 has been expended on steam treatment of playground surrounds.  Projections, therefore, for the continual treatment of playground weeds using steam would be approximately $20,000 per annum.

 

The steam weeder at current rates costs Council $140 per hour and its consumption figures are:

 

Water usage:                 5L/minute (300L/hour)

Petrol pump motor:       1 L/hr

Diesel burner                 4.5L/hr

 

 

Council could purchase an equivalent machine for approximately $16,000 + accessories.  This would then require a staff member trained in its use and a dedicated vehicle.

 

The steam weeder machine worked well in the appropriate situation, but has further application in its cleaning abilities.  It worked very well on playground equipment and park furniture and we believe that it could also be used for cleaning public toilets, pavements (particularly where marked by chewing gum) and in sticker and graffiti removal.

 

The need for steam or herbicide weeding in the Byron Bay town centre is reducing following the appointment of the new Byron Crew, who are able to manually remove or treat weeds at an earlier stage in their growth than in the past.  This will in turn lead to less weed seed and consequently fewer weeds.

 

Current methodology being used for weed control in the Byron Bay town centre includes:

 

          hand weeding

          manual removal using a chipping hoe

          brushcutting

          direct application of herbicide using a wick wiper

          spot spraying using a small spray pack (only used in suitable conditions when few people are   around)

 

 

While there are many detractors of Glyphosate within this Shire, it must be remembered that the use of this herbicide is sanctioned for use in public areas by the Australian Veterinary and Pest Medicine Authority (APVMA).  The APVMA is an Australian government authority responsible for the assessment and registration of pesticides and veterinary medicines.

 

All Council staff and contractors that use herbicide are trained and accredited to do so.

 

 

Financial Implications

From 1/1/14 to 31/7/14 an amount of $10,048 has been expended on steam treatment of playground surrounds as part of the trial.

 

The costs to undertake this activity for all playgrounds and other areas on an annual basis will be considered as part of the 2015/16 budget process.  The assessment will include the options of Council purchasing the equipment versus the continued engagement of the existing one local contractor.

 

The steam weeder uses the following fuel and water components:

 

Water usage:                 5L/minute (300L/hour)

Petrol pump motor:       1 L/hr

Diesel burner                 4.5L/hr

 

 

Statutory and Policy Compliance Implications

EPA restricts the use of noisy machinery outside the hours of 7am to 6pm. 

 

As the machine generates noise, use of it in urban or business districts outside these hours may be limited.

 

  


BYRON SHIRE COUNCIL

Staff Reports - Organisation Development                                                           13.18

 

 

Staff Reports - Organisation Development

 

Report No. 13.18         Renaming the Byron Regional Sport and Cultural Complex

Directorate:                 Organisation Development

Report Author:           Donna Johnston, Media Communications Officer

File No:                        I2015/47

Theme:                         Community Infrastructure

                                      Open Space and Recreation

 

 

Summary:

 

In 2014 a community competition was held to rename the Byron Regional Sport and Cultural Complex, plus members of the creative community also asked to put forward their suggestions.  As a result, Council is requested to consider the new name ‘Cavanbah Sports Centre’.

 

 

  

 

RECOMMENDATION:

1.       That Council notes the minutes of Communications Committee Meeting held on 6 June and that no name was selected from the Community Competition to rename the Byron Regional Sport and Cultural Complex.

 

2.       That the Byron Regional Sport and Cultural Complex be renamed the ‘Cavanbah Sports Centre’ and that the name is placed on public exhibition for 28 days.

 

3.       If no objections are received on the proposed new name, that ‘Cavanbah Sports Centre’ be adopted.

 

4.       That under delegation the General Manager organise a small thank you gift to the five community members who suggested the word ‘Cavanbah’ be used for the new name of the Byron Regional Sport and Cultural Complex.

 

 

Attachments:

 

1        Report - Communications Advisory Committee - 6 June 2014, E2014/37568 , page 299  

2        Agenda - Communications Advisory Committee - 6 June 2014, E2014/35662 , page 300  

 

 


 

Report

 

On 20 March 2014, Council resolved:

 

14-98 Resolved:

1.       That Council endorse the launch of a community competition to develop a new name for the Byron Regional Sport and Cultural Complex.

2.       That Council delegate to the Communications Committee the tasks of:

i)        reviewing the "essential criteria" for the brief to be provided by staff;

ii)       reviewing the submissions received; and

iii)      short-listing option(s) for the new name for the Complex with a Committee recommendation.

 

On April 11, the Communications Advisory Committee determined the following selection criteria:

 

Selection Criteria - the purpose of the Competition is to create a catchy name for the Byron Regional Sport and Cultural Complex.

 

The name should ideally;

·    reflect the sporting, event and cultural uses of the building and outdoor sporting fields.

·    include the word ‘Byron’

·    be original: it should have a unique identity and be checked against other possible uses or meanings (especially in the case of acronyms).

·    be memorable and easy to pronounce and spell.

·    be long-lasting, as the name will become a key brand name of the facility

 

The community competition was consequently held with 70 entries received with a possible 229 names suggested. However following a review of the suggested names by the Communications Committee in June 2013, it was felt that there were no names suitable to rename the complex.  As a result, a number of local creative organisations were approached for their suggestions and although well thought out and creative names were submitted, no a suitable new name was identified.

 

In order to arrive at a result, all of the suggested names have been once again reviewed and the following new name for the Byron Regional Sport and Cultural Complex is proposed:

 

Cavanbah Sports Centre

 

‘Cavanbah’ is a local Indigenous name which means ‘meeting place’ and therefore fits well with the site’s uses of sports, activities, events and culture. The new name would have strong local significance and allow new branding and marketing to help support the increasing usage of the site. Whilst the name does not feature Byron, this could be incorporated when the branding elements are created and used for promoting the complex outside of Byron Shire.  On a local basis, Council would anticipate that the name will be shortened (as we like to do in Australia), to ‘the Cav’ which is simple and catchy.

 

Cavanbah, which means ‘meeting place’, with its sweeping beachfront and sheltered places was a favourite home base and meeting place for the Arakwal people and other Bundjalung nation tribes.   Source:          http://arakwal.com.au/cavanbah/

 

The Arakwal have also been approached and are supportive of the proposed re-naming and have offered to work with Council to develop some text around the meaning of “Cavanbah” for display at the Centre.

 

Within the Community competition, there were five entries submitted that had the word Cavanbah within the name and four that included the word ‘sport/s’.  Whilst not exactly as per the proposed name, it is recommended that these people receive a small thankyou gift for their suggestion.

 

As part of the renaming process, the proposed name will need to be placed on public exhibition for a period of 28 days for public comment as per Policy 11/04 Naming of Public Places and Community Facilities. The Sports Stakeholder Roundtable group will also be consulted prior to the name being adopted. Any public comments received will need to be collated and a final report and recommendation prepared for consideration at a formal meeting of Council for the adoption or otherwise of the name.

 

When finalised, the new name will require a logo and branding elements to reflect the change and will be implemented as budgets allow.

 

Financial Implications

 

Costs will be involved in creating a new logo for the new name and will be implemented on such things as signage, as budget permits.

 

Statutory and Policy Compliance Implications

 

Policy 11/004 Naming of Public Places and Community Facilities

 

 


BYRON SHIRE COUNCIL

Staff Reports - Organisation Development                                                13.18 - Attachment 1

Minutes of the Byron Shire Council Communications Advisory Committee Meeting held on Friday 6 June 2014

 

PRESENT:   Cr S Richardson, Cr A Hunter

 

Staff:            Ken Gainger (General Manager)

                     Donna Johnston (Media Communications Officer)

 

 

Cr Richardson (Chair) opened the meeting at 4pm and acknowledged that the meeting was being held on Bundjalung Country.

 

APOLOGIES:   Cr P Spooner, Phil Holloway (Director – Infrastructure Services)

 

DECLARATIONS OF INTEREST – PECUNIARY AND NON-PECUNIARY

 

There were no declarations of interest.

 

CONFIRMATION OF PREVIOUS MINUTES

 

Committee Recommendation

 

That the minutes of the Communications Advisory Committee Meeting held on Friday 11 April 2014 be confirmed.

 

 

 

RECOMMENDATION:

 

The Communications Advisory Committee recommends that no name be selected from the Community Competition to rename the Byron Regional Sport and Cultural Complex.

 

 

 

 

 

 

 

There being no further business the meeting concluded at 4.45pm.

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Organisation Development                                             13.18 - Attachment 2

NOTICE OF MEETING

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

Communications

 

 

ADVISORY COMMITTEE MEETING

 

 

A Communications Advisory Committee Meeting of Byron Shire Council will be held as follows:

 

Venue

Byron Community Centre, Jonson St, Byron Bay

Date

Friday, 6 June 2014

Time

4pm

 

 

gmsigKEN

 

Ken Gainger

General Manager                                                                                                             #E2014/35622

                                                                                                                                      Distributed 30/5/14

 

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§  The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§  The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a)   the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b)   the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§  If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§  Just because the person is a member of, or is employed by, the Council.

§  Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a)   at any time during which the matter is being considered or discussed by the Council or Committee, or

(b)   at any time during which the Council or Committee is voting on any question in relation to  the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with.  Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§ It may be appropriate that no action be taken where the potential for conflict is minimal.  However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa).  Care needs to be taken when exercising this option.

§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1)   In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a)   including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b)   not including the making of an order under Division 2A of Part 6 of that Act.

(2)   The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3)   For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4)   Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5)   This section extends to a meeting that is closed to the public.


BYRON SHIRE COUNCIL

Staff Reports - Organisation Development                                             13.18 - Attachment 2

 

BUSINESS OF MEETING

 

 

1.    APOLOGIES

 

2.    DECLARATIONS OF INTEREST – PECUNIARY AND NON-PECUNIARY

 

3.    ADOPTION OF MINUTES FROM PREVIOUS MEETINGS

 

3.1     Minutes from the 11 April 2014 meeting

 

4.    REPORTS BY DIRECTORATE

 

4.1     Renaming the BRSCC ………………………………………………..  2

 

5.    BUSINESS ARISING FROM PREVIOUS MINUTES


 

 REPORTS

 

 

Report No. 1.

Renaming the BRSCC

Executive Manager:   Shannon McKelvey

Report Author:           Donna Johnston

File No:                        E2014/30110

 

Theme

 

Corporate Management

Summary:

 

The community competition to rename the Byron Regional Sport and Cultural Complex (BRSCC) has been completed. The Committee is requested to review the suggested names and provide a shortlist and recommendation to Council on the preferred name, if one is considered suitable.

 

 

 

 

RECOMMENDATION:

 

1.       The Communications Advisory Committee recommends:

 

That Council rename the BRSCC one of the following shortlisted names:

 

 

         a)

         b)

         c)

 


Report

 

On 20 March 2014, Council resolved:

 

14-98 Resolved:

1.       That Council endorse the launch of a community competition to develop a new name for the Byron Regional Sport and Cultural Complex.

2.       That Council delegate to the Communications Committee the tasks of:

i)        reviewing the "essential criteria" for the brief to be provided by staff;

ii)       reviewing the submissions received; and

iii)      short-listing option(s) for the new name for the Complex with a Committee recommendation.

 

As a consequence, the Communications Advisory Committee considered the selection criteria at its meeting on 11 April and on the following:

 

Selection Criteria - the purpose of the Competition is to create a catchy name for the Byron Regional Sport and Cultural Complex.

 

The name should ideally;

·    reflect the sporting, event and cultural uses of the building and outdoor sporting fields.

·    include the word ‘Byron’

·    be original: it should have a unique identity and be checked against other possible uses or meanings (especially in the case of acronyms).

·    be memorable and easy to pronounce and spell.

·    be long-lasting, as the name will become a key brand name of the facility

 

The competition was held from 14 April to 2 May 2014 and saw 70 entries received with a possible 229 names suggested.

 

As part of the renaming process, the proposed name will need to be placed on public exhibition for a period of 28 days for public comment as per Policy 11/04 Naming of Public Places and Community Facilities. Any public comments received need to be collated and a final report and recommendation prepared for consideration at a formal meeting of Council for the adoption or otherwise of the name. Local Aboriginal groups will also be consulted about the proposed name change.

 

The Communications Advisory Committee is requested to review the entries and shortlist at least three names and a recommendation for Council’s consideration as per following:

 

When finalised, the new name will require a logo and branding elements to reflect the change and be rolled out as budgets allow, at the BRSCC.

 

Financial Implications

 

Costs will be involved in creating a new logo for the new name and will be implemented on such things as signage, as budget permits.

 

Statutory and Policy Compliance Implications

 

 Policy 11/004 Naming of Public Places and Community Facilities

 


BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services                                             14.1

 

 

Reports of Committees - Infrastructure Services

 

Report No. 14.1           Report of the Local Traffic Committee Meeting held on 6 February 2015

Directorate:                 Infrastructure Services

Report Author:           Simon Bennett, Traffic and Transport Engineer

Helen Waldron, EA Infrastructure Services

File No:                        I2015/74

Theme:                         Community Infrastructure

                                      Local Roads and Drainage

 

Summary:

This report provides the minutes and recommendations of the Local Traffic Committee Meeting held on 6 February 2015 for determination by Council.

 

<<Type text here>>

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Local Traffic Committee Meeting held on 6 February 2015. 

 

2.       That Council adopt the following Committee Recommendation:

 

          Report No 5.1 – Extension of School Bus Route, Fowlers Lane, Bangalow

          File No. I2014/56

 

          Committee Recommendation 5.1.1

 

          That Council hold no objection to the proposal of Mr Brian Bowden (school bus           operator Bangalow bus lines) to extend the existing school bus route along Fowlers           Lane, Bangalow from the Pacific Highway to the end on the basis the driver is able to:

 

a)   utilise a safe point for passenger pick up and set down

 

b)   undertake a safe turn around with a forward movement turn only

 

c)   that the Planning Department of Council be informed as it may relate to the works proposed for the creek crossing

 

 

3.       That Council adopt the folllowing Committee Recommendation:

 

          Report 5.2 – ANZAC Day Parades – 2015

          File No. I2014/56

 

          Committee Recommendation 5.2.1

 

          1.       That Council endorses the ANZAC Day Parades for 25 April 2015 for the Return           Services League sub branches of Byron Bay, Mullumbimby, Bangalow and           Brunswick Heads / Billinudgel.

 

          2.       That Council implements the necessary temporary road closures and detours           and places advertisements in the local newspaper as required by the Roads Act           1993

4.       That Council adopt the following Committee Recommendation:

 

          Report 5.3 - Request for Disabled User Limitation Parking Bay, 6 Marvell Street, Byron Bay

          File No. I2014/56

 

          Committee Recommendation 5.3.1

 

          1.       That Council not install an accessible (disabled) parking bay on Marvell Street,           Byron Bay between Jonson Street and Middleton Street at this time.

 

          2.       That the Committee supports in principle the need for reduced time limits as           requested, however acknowledges that consultation with tenants/land owners           will take place as part of the Byron Bay parking study.

 

 

5.       That Council adopt the following Committee Recommendation:

 

          Report 5.4 - Request for 2P Time Limit and Council Enforcement, Shopping Plaza, Byron Bay

          File No. I2014/56

         

          Committee Recommendation 5.4.1

 

          1.      That Council approves a 2P time limit which is effective 9am to 6pm each day                      and it applies where signed in the car park located at 90-96 Jonson Street, Byron                    Bay (Lot 5, DP 619224).

 

          2.      That Council suggests to the owner that 15 minute pick up / drop off zones and                    ‘parents with prams’ bays, as well as disabled parking bays be considered in line                    with current parking standards.

 

          3.      That any proposed regulatory changes in the car park while under lease to, or                    subject to agreement with Council, will need referral to the Local Traffic                               Committee for approval.

 

 

6.       That Council adopt the following Committee Recommendation:

 

          Report 5.5 - Proposal for One-Way Middleton Street, Byron Bay, Lawson Street to Bay           Street

          File No. I2014/56

         

          Committee Recommendation 5.5.1

 

          1.       That Council undertake consultation with land owners and tenants of Bay Street           and Bay Lane, Byron Bay between Fletcher Street and Middleton Street, and           those on Middleton Street north of Lawson Street, in regard to the one-way           options and proposed car park.

 

          2.       That the matter be brought back to the Local Traffic Committee and Council           following the consultation period.

 

 

7.       That Council adopt the following Committee Recommendation:

 

          Report 5.6 - Proposal for 2P limit, Lawson Street, Byron Bay, East of Middleton Street

          File No. I2014/56

 

          Committee Recommendation 5.6.1

 

          That consultation with tenants/land owners of Lawson Street, Byron Bay east of           Middleton Street be done in the context of the Byron Bay parking study, noting that           Local Traffic Committee see merit in introducing a 4-hour parking time limit.

 

 

8.       That Council adopt the following Committee Recommendation

 

          Report 5.7 - Proposal for 2P limit, Shirley Street, Byron Bay, east of Milton Street

          File No. I2014/56

 

          Committee Recommendation 5.7.1

 

          1.       That, prior to consultation taking place with tenants/land owners, Council           consider what time limit is desirable for Shirley Street, Byron Bay.

 

          2.       That Council notes the Committee favours for Shirley Street 2P east of Milton           Street, and 4P to Kendall Street,

 

          3.      That the consultation be undertaken with consideration of the broader parking                    study being undertaken and used to further inform it.

 

 

9.       That Council adopt the following Committee Recommendation

 

          Report 5.8 – Request for Centre Line Marking, Coolamon Scenic Drive, South of           Goonengerry Road

          File No. I2014/56

 

          Committee Recommendation 5.8.1

 

          That a review of delineation measures, such as guide posts, advisory curve markers,           speeds, and line centre marking etc be undertaken and implemented as found           warranted on Coolamon Scenic Drive, between Goonengerry Road and the Pacific           Highway.

 

 

10.     That Council adopt the following Committee Recommendation

 

          Report 5.9 – Change Give Way to STOP, Cowper Street, Byron Bay at Ruskin Street

          File No. I2014/56

 

          Committee Recommendation 5.9.1

 

          That Council replace the Give Way with STOP signs at the intersection of Cowper           Street, Byron Bay with Ruskin Street subject to RMS requirements being met.

 

 

11.     That Council adopt the following Committee Recommendation

 

          Report 5.10 – Request for Time Limits and Review, Middleton Street, Byron Bay

          File No. I2014/56

 

          Committee Recommendation 5.10.1

 

          That the report and request for time changes on Middleton Street and Marvell Street,           Byron Bay be noted and referred to the Byron Bay parking study for further           investigation and be  reported to the Local Traffic Committee and Council when and as           required.

 

 

12.     That Council adopt the following Committee Recommendation

 

          Report 5.11 - Event Road Closure, Bangalow Billy Cart Derby, Sunday 17 May, 2015

          File No. I2014/56

         

          Committee Recommendation 5.11.1

 

          1.       That the Bangalow Billy Cart Derby, to be held Sunday 17 May 2015, which           includes the temporary road closure of Byron Street, Bangalow between           Granuaille Road and Market Street between the hours of 6am and 4pm, be           endorsed.

 

          2.       That the organisers be responsible for implementing an approved Traffic Control           Plan, including the use of signed detours, as designed and implemented by           those with appropriate accreditation and be advised Council’s fee for holding an           on-road event will apply.

 

          3.       That public liability insurance be in place for the sum of at least $20 million and a           copy be provided to Council.

 

          4.       That the concurrence of the Police be sought by the organisers, independent of           the Local Traffic Committee endorsement.

 

          5.       That the event be advertised in accordance with the Roads Act charged at cost           to the organisers.

 

          6.       That the event be notified on Council's website.

 

          7.       That if Council staff and materials are required for the event, costs be recorded           and invoiced to the organisers as appropriate.

 

13.     That Council adopt the folllowing Committee Recommendation

 

          Report 5.12 – Event Road Closures, Byron Bay Triathlon, Saturday, 9 May 2015

          File No. I2014/56

 

          Committee Recommendation 5.12.1

 

          1.       That endorsement be given for the 2014 Byron Bay Triathlon to occur on           Saturday, 9 May 2015.

 

          2.      That Council approves the temporary road closures within Byron Bay for          undertaking the 2014 Byron Bay Triathlon as follows, with each to be in effect no          earlier than 12 noon and removed no later than 4pm:

 

          a)      Bay Street, between Fletcher Street and Middleton Street

          b)      Middleton Street, between Bay Street and Marvell Street

          c)      Marvell Street, between Middleton Street and Tennyson Street

          d)      Tennyson Street, between Marvell Street and Browning Street

          e)      Bangalow Road, between Browning Street and Broken Head Road

          f)       Broken Head Road, from Bangalow Road to the Ballina LGA boundary

          g)      Lawson Street, between Middleton Street and Massinger Street

 

          3.       That the approvals provided in Part 1 and Part 2 are provided subject to the           proponent’s:

 

                 a)         use of an accredited designed and implemented Traffic Control Plan

                 b)         meeting of the advertising requirements of the Roads Act 1993

                 c)         letter box drop of properties affected by the road closures, advising of the                   event and the proposed traffic management and road closures

                 d)         event being notified on Council's website

                 e)         Council’s consideration of any submissions received

                 f)          timely lodgement of current and appropriate levels of insurance and liability            cover

 

          4.       That the use of Butler Street Reserve, Byron Bay for the purpose of event car                  parking is subject to Council licence and agreement and the timely provision of             a Parking Management Plan.

 

          5.       That the approvals within Part 1 to 4 relate to Byron Shire and that the holding of                the event remains subject to the:

 

               a)    result of Council’s advertised submission period

               b)   written approval from Police

               c)    written approval from Ballina Shire Council

 

 

14.     That Council adopt the following Committee Recommendation

 

          Report 5.13 – Traffic Management, Mullum to Bruns Paddle, Sunday 24 May 2015

          File No. I2014/56

 

          Committee Recommendation 5.13.1

 

          That Council approve the temporary traffic control measures in Mullumbimby for the           Mullum to Bruns Paddle, to be held on Sunday 24 May 2015, subject to the           proponent’s:

 

          a)      use of an accredited designed and implemented Traffic Control Plan

          b)      holding public liability insurance for the sum of at least $20 million

          c)      the event being advertised in accordance with the Roads Act 1993

          d)      the event being notified on Council's website

          e)      consideration of any submissions received

          f)       letter box drop of residents advising of the event and traffic management

 

 

 

15.     That Council adopt the following Committee Recommendation

 

          Report 5.14 - Little Black Dress Cycling Event

          File No. I2014/56

 

          Committee Recommendation 5.14.1

 

          That Council note the proposed Little Black Dress Classic on-road cycling event,           being held to raise money for the Jodie Lee Foundation / Bowel Cancer Research           between 22nd March and 29th March 2015 and holds no objections to the event being           held in Byron Shire as proposed, subject to the following:

          a)      concurrence of the NSW Police and Roads and Maritime Services and their           conditions and requirements being met

 

          b)      organisers implement risk management  and assessment prior and during the                    event including provision of lead and rear motor escort to contain the cycling                    group at all times

 

          c)      public liability insurance being current and not less than $20 million

 

          d)      advertising in accordance with the Roads Act 1993

 

          f)       event being notified on Council's website; and

 

          g)      proponent accepting Council is not held liable for defects, hazards and                                 conditions upon the route travelled

 

 

16.     That Council adopt the following Committee Recommendation

 

          Report 6.1 – Wilson Creek Public School Bus Bay

          File No. I2014/56

 

          Committee Recommendation 6.1.1

 

          1.       That a new design be developed which allows the School bus and students to                    board and embark on the School site.

 

          2.       That staff pursue the possibility of a smaller bus being used and if not possible                    under the current contract, than it should be part of new contract.

 

          3.       That Council notes the new proposed design allows improved safety and will                    cost less than the previously approved design.

 

          4.       That Council notes the potential for 100% funding from the RMS if the design                    meets their requirements and can be commenced prior to June 2015.

 

 

17.     That Council adopt the following Committee Recommendation

 

          Report 6.2 - Late item – Rescue Helicopter Fundraiser, Byron Bay to Ballina Chopper           Walk, 2015 

          File No. I2014/56

 

          Committee Recommendation 6.2.1

 

          1.      That Council endorse the Westpac Life Saver Rescue Helicopter fundraiser,                        Byron Bay to Ballina Chopper Walk, to be held Sunday 24 May 2015, subject to:

 

                   a)   the use of an accredited designed and implemented Traffic Control Plan for                           the purpose of stop/go controls where required

 

                   b)   the use of marshals along Marine Parade who, for the purpose of aiding and                           forming participants into walking groups, are to undertake their duties in                              accordance with a pre-event risk assessment and management plan, a copy                           of which is to be provided to Council prior to the event

 

                   c)   public liability insurance be in place for the sum of at least $20 million

 

                   d)   the event be advertised in accordance with the Roads Act, with the                                        advertising charged at cost to the organisers

 

                   e)   the event being notified on Council's website

 

                   f)    consideration of any submissions received

 

                   g)   attainment (by the event proponent) of NPWS written acceptance of the                                event

 

          2.      That the endorsement in Part 1 is also subject to the following in regard to the                           use of Seven Mile Beach Road, that is:

 

                   a)   signage, which specifies the date, hours and nature of the event, be                                       positioned at the entrance and exit of Seven Mile Beach Road one week prior                           to the event;

 

                   b)   on the day of the event, at 500m intervals, and facing both directions of                                 travel, signs advising of “ Special Event - Charity Walk Ahead” (or similar)                           are installed prior, and removed after, the event occurs; and

 

                   c)   a safety induction for participants advising of hazards be provided.

 

 

 

 

 

 

Attachments:

 

1        Minutes of the Local Traffic Committee Meeting held 6 February 2015, I2015/56 (provided under separate cover)  

 

 


 

Report

 

The attachment to this report provides the minutes of the Local Traffic Committee Meeting of 6 February 2015 for determination by Council.

 

The Committee recommendations, along with Committee and Management comments are contained within the minutes.

 

 

Financial Implications

 

As per the Reports listed within the Local Traffic Committee Meeting of 6 February 2015.

 

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Local Traffic Committee Meeting of 6 February 2015.

       


BYRON SHIRE COUNCIL

Confidential Reports - Infrastructure Services                                                 16.1

 

 

Confidential Reports - Infrastructure Services

 

Report No. 16.1           Confidential - Tender  2014-0032 – Design and Construction of Landslip Repairs at Upper Wilsons Creek

Directorate:                 Infrastructure Services

Report Author:           Phillip Holloway, Director Infrastructure Services

File No:                        I2015/57

Theme:                         Community Infrastructure

                                      Local Roads and Drainage

 

 

Summary:

The General Manager on 14 October 2013, approved (E2013/66536) to prepare and advertise tenders for the construction of landslip repair works at Upper Wilsons Creek.

 

Tenders have been assessed in accordance with the provisions of the Local Government (General) Regulation 2005.  

 

 

RECOMMENDATION:

1.       That pursuant to Section 10A(2)(c) and (d)i of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Tender  2014-0032 – Design and Construction of Landslip Repairs at Upper Wilsons Creek.

 

2.       That the reasons for closing the meeting to the public to consider this item be that the report contains:

a)      information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

b)      commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

 

3.       That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:

 

Disclosure could confer a commercial advantage on a person with whom Council is conducting (or proposed to conduct) business

 

4.       That in accordance with Sections 10A(4) of the Local Government Act 1993, that the Chairperson allow members of the public to make representations as to whether this part of the meeting should be closed.

 

OR, ALTERNATIVELY WHERE THE MEETING IS NOT PROPOSED TO BE CLOSED:

 

RECOMMENDATION:

1.       That pursuant to Section 11(3) of the Local Government Act, 1993, resolve that the Annexures to the report, Tender  2014-0032 – Design and Construction of Landslip Repairs at Upper Wilsons Creek are to be treated as confidential as they relate to matters specified in s10A(2)(c) and s10A(2)(d)i of the Local Government Act 1993.

 

2.       That Council adopt the recommendation set out on the final page of the Report.

  

Attachments:

 

1        Confidential - Evaluation Report - Tender 2014-0032, E2015/8688 (provided under separate cover)  

2        Confidential - Evaluation Panel Scoring Spreadsheet - Tender 2014-0032, E2015/8685