Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 19 March 2015

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

gmsigKENtransparent.jpgPublic 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       Ordinary Meeting held on 26 February 2015

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Support to strengthen Council's relationship with Southern Cross University ................. 1

9.2       Opposition to Base Station Microwave Transceivers..................................................... 12

9.3       Intention for Byron Shire to become Australia's first Zero Emissions Community......... 20

9.4       Change to Procedure at Ordinary Council Meetings regarding speeches prior to Right of Reply......................................................................................................................................... 25

10.  Petitions

10.1     Against the Construction of the Telstra Tower in Ocean Shores.................................... 29

11.  Submissions and Grants

12.  Delegates' Reports  

13.  Staff Reports

Corporate and Community Services

13.1     Licence  - Shara Community Gardens .......................................................................... 31

13.2     Investments - February 2015.......................................................................................... 41

Sustainable Environment and Economy

13.3     PLANNING DA 10.2014.417.1 - Demolition of existing residential flat building & construction of a new residential flat building and associated works at 43 Lawson Street Byron Bay.............. 47

13.4     Bay Lane Activation  - Action Items ............................................................................... 88

13.5     Establishment of the Sustainable Economic Development Management Advisory Committee  99   


 

14.  Reports of Committees

Corporate and Community Services

14.1     Report of the Internal Audit Advisory Committee Meeting held on 19 February 2015. 112

14.2     Report of the Finance Advisory Committee Meeting held on 19 February 2015......... 118

Sustainable Environment and Economy

14.3     Report of the Biodiversity and Sustainability Advisory Committee Meeting held on 19 February 2015....................................................................................................................................... 124

Infrastructure Services

14.4     Report of the Water, Waste and Sewer Advisory Committee Meeting held on 4 December 2014....................................................................................................................................... 136  

15Questions With Notice

Nil   

16.  Confidential Reports

Infrastructure Services

16.1     Confidential - Belongil Interim Beach Access Stabilisation Works Contract Update 148  

 

 

 

 

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     Support to strengthen Council's relationship with Southern Cross University

File No:                                  I2015/189

 

  

 

I move that Council partner with Southern Cross University (SCU) to explore possibilities of establishing and education and research facility within Byron Shire.

 

 

 

Attachments:

 

1        2006 Memorandum of Understanding between Southern Cross University and Byron Shire Council, DM569245 , page 4  

 

 

Councillor’s Background Notes:

 

Over the last 12 months or so, both the General Manager and myself have had informal talks with SCU in order to explore the possibility of SCU establishing a greater presence in the Byron Shire. These talks have been positive and the possibility for more thorough and fruitful discussions is apparent.

 

In order for discussions and possible additional agreements within the current MOU between the two entities to be actioned, it is appropriate for Byron Shire Council to resolve that establishing an education and research facility would be welcomed in our Shire. This signals clearly to SCU that we wish for a partnership to strengthen.

 

It is essential to acknowledge that this does not commit Council to allocate funds to any resulting actions within this partnership.

 

Currently many residents either teach, work or study at SCU and so having a local facility would greatly support these endeavours. It would also bring obvious financial benefits to the shire and would revitalise any areas surrounding future sites if a site is identified and a facility established.

 

Recommended priority relative to other Delivery Plan tasks:

 

Support this partnership is clearly articulated within the current Operational Plan. Pertinent sections include:

 

Budget Program: Economic Development and Tourism

 

Item No 1.1 Actions 2014/2015

Establish business and industry development programs/projects.

 

Item No 1.2 Actions 2014/2015

Establish effective partnerships and network relationships with key stakeholder organisations locally and regionally.

 

Item No 1.3 Actions 2014/2015

Support industry to undertake delivery of local/regional projects with tourism industry partners and other key industry groups.

 

Item No 1.4 Actions 2014/2015

Create an Economic Development Strategy that provides a platform for employment generation and industry development.

 

What will we achieve? / How will we measure completion?

·    Employment lands and opportunities identified on an ongoing basis.

·    Point of contact initiative established to support business and industry stakeholders work through planning and regulatory requirements.

·    Stakeholder connections and relationships facilitated to progress business and industry ventures.

 

Item No 1.5 Actions 2014/2015

Consolidate relationships with learning, education and training organisations that will progress the development of skills for individuals and industry cluster groups towards employment pathways.

 

What will we achieve? / How will we measure completion?

 

Regular meetings and contact with SCU and other RTO’s and stakeholders held to progress the establishment of learning precincts.

 

 

Definition of the project/task:

 

Support for Council partnering with Southern Cross University (SCU) to explore possibilities of establishing an education and research facility within Byron Shire.

 

Source of Funds (if applicable):

 

Not applicable

 

Signed:   Cr Simon Richardson

 

 

Management Comments by Ken Gainger, General Manager:

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

 

This proposal has the potential to build upon an already close relationship that has developed between SCU and the Council to our mutual benefit. The MOU entered into by both organisations in 2006 (Attachment 1) anticipates and facilitates meaningful and practical initiatives that derive benefits that accrue to the people of the Byron LGA as a result of a University presence within its boundaries. Specifically the MOU contemplates:

 

·    Improvement in the linkages between the University and the local community through its Council;

·    Commitment of each organisation to regular meaningful dialogue about issues of future planning and mutual concern;

·    Global connections

 

Clarification of project/task:

 

It is proposed that, consistent with the intentions embodied within the Byron Council/Southern Cross University MOU of 2006, Council partner with Southern Cross University (SCU) to explore possibilities of establishing and education and research facility within Byron Shire.

 

Director responsible for task implementation:

 

General Manager

 

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

 

This initiative is consistent with the provisions of the Council’s adopted Financial Sustainability Project Plan which acknowledges the potential benefits that flow from the establishment of meaningful partnerships with key stakeholders within the local and regional community.

 

Financial and Resource Implications:

 

None embodied within this proposed commitment to explore opportunities.

 

Legal and Policy Implications:

 

Nil.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                9.1 - Attachment 1


 


 


 


 


 


 


 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Opposition to Base Station Microwave Transceivers

File No:                                  I2015/190

 

  

 

I move that Council shall henceforth decline to support any new application or proposal for radiofrequency and/or microwave base station transceivers to be sited within 500 metres of any school, preschool or occupied domestic premises within the jurisdiction of the Byron Shire Council due to repeated and ongoing community concerns regarding the possibility of adverse biological effects such as documented by peer-reviewed science, visual amenity, loss of property value and environmental damage.

 

In doing so we rely upon our duty of care, accredited scientific publications, and advisories in print from ARPANSA, the ACMA, and the Communications Alliance to apply a precautionary principle in addition to regulated safety standards.

 

 

 

 

 

Councillor’s Background Notes:

 

All over the world there has been an unprecedented explosion in the availability and use of non-ionizing electromagnetic fields for electrical and wireless communications technologies (mobile and cordless phones, WiFi and WIMAX networks, RFID, etc,)

 

There is a body of evidence now that indicates exposure to electromagnetic fields interferes with basic human biology and may increase the risk of cancer and other chronic diseases. The exposure levels at which these effects have been observed are many times lower than the standards promulgated by the International Commission for Non-Ionizing radiation Protection (ICNIRP) [4] and the IEEE's International Committee on Electromagnetic Safety (ICES) [5]. These standards are obsolete and were derived from biological effects of short-term high intensity exposures that cause health effects by temperature elevation and nerve excitation discovered decades ago.

 

Recent research indicates that electromagnetic fields could cause detrimental health effects even at very low levels of exposure. The ICNIRP and IEEE/ICES standards are being supported and promoted by interested parties to avoid precautionary technical planning, precautionary laws, and precautionary advice to the public.  Over 42% of the World’s populations have exposure guidelines substantially more vigorous than those provided by ICNIRP.  See the figure below noting standards adopted by other countries.

 

http://www.eesc.europa.eu/resources/docs/emf_report_-provided-by-dr-jamieson.pdf

 

 

Given that:

 

1.   The World Health Organization classified radiofrequency radiation as a class 2B, possible human carcinogen in May 2009 following an expert panel review of the medical evidence. This classification applies to all sources of radiofrequency radiation, including cell phones, cell antennas and WiFi routers.

 

2.   That for more than 10 years, Switzerland has been operating with an EMR standard that is 1 per cent of the current Australian Radiation Protection and Nuclear Safety Agency standard (proving this to be both technically and economically viable)

 

3.   The “inability” of the Australian Telecommunication industry to obtain public liability insurance for potential health effects of electromagnetic radiation (EMR)

 

4.   School districts in the UK, school boards and school medical health officers have been notified that Lloyd’s of London has now excluded any liability coverage for injuries, “directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise.” This would include the microwave radiation emitting from the commercial wi-fi transmitters and wireless devices in our schools.

http://thebridgenewsservice.com/2015/02/26/school-boards-left-on-the-hook-for-wi-fi-injuries/

http://www.citizensforsafetechnology.org/Lloyds-of-London-excludes-coverage-for-RFEMR-claims,2,4168

 

It is imperative that we develop policies that reconcile public health concerns with further development of wireless communications technology

 

Notwithstanding the points above, ARPANSA have noted warnings regarding risk and recommendations to limit exposure on their website.  (ARPANSA) Is the Australian Radiation Protection and Nuclear Safety Agency which is a Federal Government agency charged with responsibility for protecting people and the environment from the harmful effects of radiation.


(a) Extracts from ARPANSA’S Fact Sheet 14 - “However, the technology is new and it is impossible to be completely sure there isn’t some risk.”
“Due to lack of evidence on mobile and cordless phone use by children,  ARPANSA recommends that parents encourage their children to limit their exposure.”


(b) “Some research has indicated that non-thermal effects from low-level EMR exposure may also occur.  However, the existence of these effects and their implications has not been sufficiently established to allow for them in the standard.” (Deleted from current version)

(c) Remaking the Human Exposure Standard & Electromagnetic Radiation Labelling Notice (ACMA publication). Statement is attributed to ARPANSA. "The health implications of biological effects below limits specified in the RF Standard are not known"

(d) Communication Alliance. Section 10.3.2: "The Carrier must not assert anything to the effect that the absence of scientific proof means that there is no possibility of risk arising from the operation of Mobile Phone Radio communications Infrastructure."
 

 

By supporting this Notice of Motion the Byron Shire Council would not only be leading the way for other Local Councils to follow suit but would also be drawing nationwide attention to the growing body of science that show children’s brains and bodies are more susceptible to the onset of neurological diseases and cancerous tumour formation than the general population.

 

Below are studies and references supporting the minimisation of public radiofrequency field exposure. 

 

In many studies an increased risk of developing leukaemia has been found; in children near transmitter antennas for Radio and Television in Hawaii (3);

(3) MASKARINEC, G., COOPER, J. & L. SWYGERT (1994): Investigation of increased incidence in childhood leukaemia near radio towers in Hawaii:

 

Increased cancer cases and general mortality in the area of Radio and Television transmitter antennas in Australia (4);

(4) HOCKING, B., GORDON, IR., GRAIN HL. et al. (1996): Cancer Incidence and Mortality and Proximity to TV-Towers. Med. J. Australia 165, 11-12: 601-605

 

And in England, 9 times more leukaemia cases were diagnosed in people who live in a nearby area to the Sutton Coldfield transmitter antennas

 (5) (5) DOLK, H., SHADDICK, G.,WALLS, P., GRUNDY, C., THAKRAR, B., KLEINSCHMIDT, I. & P. ELLIOT (1997a):Cancer Incidence Near Radio and Television Transmitters in Great Britain, Part 1. Sutton Coldfield Transmitter, Am. J.Epidemiol. 145: 1-9.

.

In a second study, concentrating on 20 transmitter antennas in England, a significant increased leukaemia risk was found 

(6) DOLK, H., ELLIOT, G., SHADDICK, G., WALLS, P. & B. THAKRAR (1997b): Cancer Incidence Near Radio and Television Transmitters in Great Britain, Part 2. All High Tower Transmitters, Am. J. Epidemiol. 145: 10-17

 

The Cherry study (7) indicates an association between an increase in cancer and living in proximity to a transmitter station.

(7) CHERRY, N. (1999): Critism of the proposal to adopt the ICNIRP guidelines for cellsites in New Zealand, ICNIRP Guideline Critique, Lincoln University, Environmental Management and Design Division, Canterbury, NZ.

 

According to a study of the transmitter station of Radio Vatican, there were 2.2 times more leukaemia cases in children within a radius of 6 km, and adult mortality from leukaemia also increased (8).

  (8) MICHELOZZI, P., CAPON, A., KIRCHMAYER, U., FORASTIERE, F., BIGGERI, A., BARCA, A. & C.A.PERUCCI (2001):Department of Epidemiology.Local Health Authority RME Rom, Italy

 

The three studies of symptoms indicated a significant correlation between illness and physical proximity to radio transmission masts. A study by Santini et al. in France resulted in an association between irritability, depression, dizziness (within 100m) and tiredness within 300m of a cell phone transmitter station (10)

(10) SANTINI, R., SANTINI, P., DANZE, J. M., LE RUZ, P. & SEIGNE,M. (2002): Symptoms experienced by people living in vicinity of cell phone base stations: I. Incidences of distance and sex, Pathol. Biol. 50: 369-373

.

In Austria there was an association between field strength and cardiovascular symptoms (11) .

 (11) KUNDI, M. (2002): Erste Ergebnisse der Studie über Auswirkungen von Mobilfunk-Basisstationen auf Gesundheit  und Wohlbefinden. Bericht des Instituts für Umwelthygiene der Universität Wien.

 

And in Spain a study indicates an association between radiation, headache, nausea, loss of appetite, unwellness, sleep disturbance, depression, lack of concentration and dizziness (12).

 (12) NAVARRO EA., SEGURA J., PORTOLES M., GOMEZPERRETTA de MATEO C. (2003): Das Mikrowellensyndrom: Eine vorläufige Studie in Spanien. Electromagnetic Biology an Medicine (früher: Electro- and Magnetobiology) 22(2): 161169,www.grn.es/electropolucio/TheMicrowaveSyndrome.doc

 

 

Accredited Organisations That Have Issued

Bans or Warnings on Wireless Technologies

 

Parliamentary Assembly of the Council of Europe

US Teachers Federation

European Economic and Social Committee

BC Teachers Federation

Ontario Catholic Teachers Association

Parliament of HESSE (Germany)

USA Progressive Librarians Guild

Ontario Teachers Union

International Committee for Electromagnetic Safety

National Teachers Union (US)

State of the Research on Electromagnetic Fields

Bavarian Parliament

German Teachers Union

Paris City Council

Elementary Teachers Federation of Ontario

US Fish and Wildlife Service

National Institute for Occupational Safety and Health

UK Teachers Union

Australian Communications Authority (2000 Report)

City of Frankfurt Germany

Israeli Ministry of Education

Gibb's Report (Australia)

Interdisciplinary Society for Environmental Medicine

American Academy of Environmental Medicine

Health Canada

Austrian Medical Association United Teachers Union (US)

University of Pittsburgh Cancer Institute

Irish Doctors Environmental Association

Supreme Court of India

National Education Association (US)

Israeli Ministry of Health

Porto Alegre Resolution (100 Scientists)

Russian National Committee on Non-ionizing Radiation

European Environmental Agency

Vienna Medical Association

Freiberger Appeal (6,000 Doctors)

International Society for Environmental medicine

US Food and Drug Administration

American Bird Conservatory

US Environmental Protection Agency

German Federal Government

UK Department of Education

Venice Italy Resolution (57 Scientists)

Physicians for the Environment (Switzerland)

EU Parliament

International Association of Firefighters

Salzburg Public Health Department

National Library of France

Progressive Librarians Guild

National Education Association (US)

Finnish Health Authority

 

 

 

Recommended priority relative to other Delivery Plan tasks:

 

<<enter text>>

 

Definition of the project/task:

 

<<enter text>>

 

Source of Funds (if applicable):

 

<<enter text>>

 

Signed:   Cr Rose Wanchap

 

 

Management Comments by Phil Holloway Director Infrastructure Services and Shannon Burt Director Sustainable Environment and Economy:

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

 

Clarification of project/task:

 

That Council not provide land owners consent for any development application over Council owned and/or managed lands for any proposal for a radiofrequency and/or microwave base station transceivers which are proposed to be sited within 500 metres of any school, preschool or occupied domestic premises within the jurisdiction of the Byron Shire Council.

 

Director responsible for task implementation:

 

Director Sustainable Environment and Economy and Director Infrastructure Services

 

Council Policy No. 11/001 –“Telecommunication Facilities on Council Owned Land” (MD1078390) currently establishes a set of parameters for Council to consider prior to issuing owners consent for a development application and also requires that Owners Consent only be granted by way of resolution of Council.

 

This Policy could be reviewed to provide the additional information and parameters that Council would consider before providing land owners consent for any development application to include a blanket ban on any proposal for radiofrequency and/or microwave base station transceivers which are proposed to be sited within 500 metres of any school, preschool or occupied domestic premises within the jurisdiction of the Byron Shire Council. This would only apply to Council controlled lands and could limit Council’s opportunities to consider alternative sites that may be more appropriate than private land holdings.

 

Any proposed telecommunications facilities on private lands could still be constructed under State Environmental Planning Policy (Infrastructure) 2007, SEPP(Infrastructure)  including both exempt and complying development in relation to telecommunications facilities as listed under Schedule 3A of the SEPP(Infrastructure). Where a Development Application is lodged for a telecommunications facility on private land, this would continue to subject to a merit assessment under the Environmental Planning and Assessment Act 1979.

 

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

 

There is currently no proposal to review Council Policy No. 11/001 –“Telecommunication Facilities on Council Owned Land” which would require both staff resources and community consultation. As Owners Consent can only be granted by way of resolution of Council, the elected Council could continue to use its discretion for each individually proposed development on Council land to determine the appropriateness of the proposal.

 

Financial and Resource Implications:

 

There is limited financial and resource implications other than the potential loss of an additional rental income source where telecommunications facilities could have been appropriately installed on Council lands. A review Council Policy No. 11/001 –“Telecommunication Facilities on Council Owned Land” would require both staff resources and community consultation resources should this be proposed to occur.  

 

Legal and Policy Implications:

 

The Commonwealth Telecommunications Act 1997 applies to holders of a “carrier licence” which are granted by the Australian Communications and Media Authority (ACMA) under provisions of the Act.

 

The Act authorises the installation of ‘low impact“ facilities. The Telecommunications Low –impact Facilities Determination 1997 defines what is meant by a “low-impact” facility. A low-impact facility includes a single extension of up to 5m to a tower in a rural or industrial zone, but not to such an extension in a residential or a commercial zone. A low impact facility also includes an antenna up to 2.8m with a mounting arm up to 3m in any zone. A low impact facility is not subject to state planning laws and as such are normally considered as “Exempt Development”.

 

The Act has generated the Telecommunications Code of Practice 1997 (The Code). Clause

4.13(2) of the Code applies to low-impact facilities as follows: “The carrier must take all reasonable steps to use existing facilities for the activity”.  New telecommunications towers would generally be considered a high impact facility and subject to state planning laws. As mentioned previously these include State Environmental Planning Policy (Infrastructure) 2007 and the Environmental Planning and Assessment Act 1979.

 

Where development consent is refused or not obtained within 6 months, the carrier may apply for a Facility Installation Permit issued by the ACMA when it can be demonstrated that “the carrier” has made reasonable efforts to negotiate in good faith with the relevant proprietors and administrative authorities;”

 

The ACMA must not issue a facility installation permit unless it has held a public inquiry in relation to the permit. The Act also establishes the relevant environmental and other issues to be considered by the ACMA in determining such an application.

 

Applications may be made to the Administrative Appeals Tribunal to review a decision of the ACMA.

 

Legal Services comments on the expanded context of the NoM.

 

Legal services notes that the law relating to telecommunications tower development approval and construction is complex. It involves consideration of Federal and State legislation, as well as local by-laws.

 

Council is not the sole consent authority for the installation of telecommunications towers in the Byron Shire.

 

Even if the NoM is adopted, the Telecommunications Act 1997 (Cth) allows for the installation of ‘low impact’ towers without Council approval.

 

In this context, the NoM raises the following two issues:

 

1.   The impact it would have on Council-owned land.

2.   The impact it would have on the exercise of Council’s discretion to approve development under the Environmental Planning and Assessment Act 1979 (EP&A Act).

 

Regarding the first issue the NoM has the effect of substantially changing Policy 11/001 – Telecommunications Facilities on Council Owned Land.

 

The Policy provides for information that must be provided by an applicant wishing to install a tower on Council-owned land. However, the Policy currently places no restriction on the location of towers.

 

The NoM  proposes a  restriction on tower locations. As a result, this change would need to be reflected in the Policy.

 

Because of effect of the NoM on the Policy, the community should be consulted on any proposed policy change prior to its adoption. The NoM currently makes no provision for community consultation.

 

Regarding the second issue  the NoM’s current wording is likely ultra vires. This is because it does not confine its scope to towers on Council-owned land. Rather, it applies to all land within Byron Shire.

 

If adopted, the  effect would be to prevent Council from considering the matters it must consider under section 79C of the EP&A Act as part of using its discretion to assess a development application for a tower on private land.

 

Generally speaking, a Council policy cannot confine a statutory discretion to the point of preventing a decision-maker from making a decision in favour of a person when such a decision would be authorised by the discretion in the absence of the policy or direction.

 

This principle was summed up in Perder Investments Pty Ltd v Elmer (1991) 23 ALD 545 at 549:

 

‘Where Parliament says that in certain circumstances there is a discretion to grant permission, then no official may replace that law by one to the opposite effect – for example, by a [rule] requiring that in no circumstances shall permission be granted’.

 

Section 79C of the EP&A Act is one such instance where Parliament provides Council with a discretion to grant permission.

 

Previous consideration by the courts regarding telecommunications tower approvals shows the variety of relevant matters which must be considered before a lawful decision can be made: see, e.g., Telstra Corporation v Pine Rivers Shire Council and Ors [2001] QPELR 350.

 

The NoM as currently worded overrides Council’s discretion in relation to these matters.

 

It risks unlawfully fettering Council’s obligation to consider development applications on their merits.

 

A relevant NoM on the topic should:

 

1.   Account for the existing Policy and the need for Council to consult the Byron Shire community regarding changes to the Policy.

2.   Only apply to applications for telecommunications towers on Council-owned land.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Intention for Byron Shire to become Australia's first Zero Emissions Community

File No:                                  I2015/191

 

  

 

I move that Council:

 

1.       Supports Byron Shire becoming Australia’s first Zero Emissions Community.

 

2.       Send a letter of appreciation to Beyond Zero Emissions (BZE) for selecting Byron Shire for such a leadership role.

 

3.       Work with BZE to develop a process, including conducting workshops with key stakeholders, in order to develop a roadmap to achieve the stated intention.

 

4.       Develop actions within the Byron Shire Low Carbon Strategy 2014 to help facilitate the process as outlined in 3.

 

 

 

 

 

 

Councillor’s Background Notes:

 

Byron is known all over the world both for its environment and its progressive thinking. Here is a wonderful opportunity for us to gain global stature for being progressively active.

 

Becoming Australia’s first Zero Emissions Town cements Byron Bay’s international reputation as a forward thinking, inspirational place to be and incorporating the whole shire would increase this reputation even further. 

 

Beyond Zero Emissions

Beyond Zero Emissions CEO Dr Stephen Bygrave, recently travelled to Byron offering support for Byron Bay to become Australia’s first zero emissions town. When I shared our Shire wide story of how many experts resided within the shire and were working in collaborative groups across the shire in the areas of renewable energy, sustainable agriculture and waste it became clear we could aim higher than one town-Byron Bay- and instead, could become an entire zero emission community.  

 

BZE are Australia’s most reputable organisation working in this space and are increasingly being sought by some of the world’s leading organisations to help facilitate road maps to take, cities and countries towards a zero emission footprint.  BZE has developed blueprints to take Australia’s economy into ‘negative emissions,’ which the UNFCCC has recently acknowledged we should be working towards to limit warming at two degrees by 2100.

For more on BZE, go to http://bze.org.au

 

First Steps

BZE are proposing to conduct workshops with practitioners across the sectors and to provide the Byron specific applied research required.  Council’s role is simply one of support and of providing assistance to facilitate workshops and to help drive the Shire towards achieving the goal as is possible.

 

The Zero Emissions Town program is unique in that all sectors of the economy work to achieve more than climate neutrality. Land use, waste and transport are included, as well as energy use. Byron Shire Council is uniquely placed to implement this vision as we are on the ground and have control over many of the activities that emit greenhouse gases. Our role can clearly be one of facilitation and as an umbrella organisation to bring those working in the following areas below to come together under one framework.

 

With this assistance from BZE, the Byron Shire community will develop a plan to reduce its greenhouse gas emissions to zero over the next 10 years. This will complement other announcements by Adelaide and Copenhagen to be carbon neutral or positive by 2025.

 

The program will be implemented over 10 years and include:

 

·    Renewable energy

·    Retrofitting existing buildings

·    Electric vehicles, cycle ways and public transport

·    Land Use Management and vegetation

·    Waste and waste water management

 

 

If this motion is successful, Beyond Zero Emissions and the council would work with the many amazing community organisations and individuals in the area to develop a strategy plan for implementation, and begin rolling out the plan.

 

Implications for Council.

Being identified and approached by BZE as a viable community to attempt this ambition goal is testament to the knowledge, skills, motivation and progress of the Byron Shire to date. Moving forward, a partnership with BZE creates an unprecedented offer of research and specialist resources that Council has previously not had access to in a localised context. This initiative will build on the recently adopted Byron Shire Low Carbon Strategy widening the scope to the whole community rather than just Council’s own operations.

 

It is imperative that Council is not overly burdened with this endeavour, either through staff resource allocation of expenditure of funds. At the outset, it should be clear that for a whole of community realisation of this target, it is imagined that Council would just be one player in delivering these outcomes along with other business, community and government organisations.  

 

This initiative will require time and resources to be successful and initial discussions with BZE have clearly identified the need for external support to enable Council participation. A project such as this is highly innovative and with the support of BZE would seek support from other government partners, sponsorship and philanthropy to bring it to life.

 

Within Council, most current staffing and policy links with this project would blend into utilising existing perimeters within the Byron Shire Low Carbon Strategy.

 

Nexus with the Byron Shire Low Carbon Strategy

Council has only recently adopted its Byron Shire Low Carbon Strategy 2014, and the synergy with this initiative is apparent as outlined within the Strategy’s Executive Summary:

 

In recognition of the importance local government plays in addressing climate change Byron Shire Council set a target to reduce greenhouse gas emissions by a minimum of 30% from 2003-2004 levels by 2020.

As Byron Shire Council endeavours to shift focus away from fossil fuel dependency a step towards both financial and environmental sustainability is taken as greenhouse gas emissions are lowered and costs from rising fuels prices are avoided. Furthermore the development and growth of sustainable industries to facilitate this change will bring prosperity, resilience and flexibility in the Byron Shire economy.

 

Recommended priority relative to other Delivery Plan tasks:

 

Macintosh HD:Users:simonrichardson:Desktop:Screen Shot 2015-03-03 at 8.07.43 pm.png
In addition to the emissions reduction target the Byron Shire Community in conjunction with Council set a 10 year vision for the Byron Shire area. As part of the Byron Shire Council Community Strategic Plan 2022, Byron Shire Council has shown its commitment to creating a low carbon community, as shown in Community Outcome EN3 (Table 3).

 The Byron Shire Low Carbon Strategy 2014 lists proposed projects. Additionally each action has been linked to the 2013-17 Byron Shire Council Delivery Plan to ensure that projects align with the overall direction of Council’s four year plan.

Proposed projects within the Byron Shire Low Carbon Strategy 2014 that blend easily within processes involved with the Zero Emissions Community proposal are tabled below:

Action ID

Name

Description

2013-17 Delivery Plan Linkage

56

Community Engagement Climate change and Peak oil Planning

Biodiversity & Sustainability committee to workshop with staff potential methods of reducing greenhouse gas emissions and improving peak oil preparedness under the current planning system and proposed planning reforms and identify opportunities to participate

14, 17, 45, 46, 47, 53

60

Byron Shire Renewable Energy

Support renewable energy projects throughout Byron Shire where possible

17, 25, 45, 46, 47

62

Carbon Farming

Promote carbon farming initiatives including soil health, revegetation, bio char and farm forestry

14, 42, 43, 46

63

Low Carbon Transport

Encourage and promote low carbon transport options to the community

22, 45, 46

64

Climate Change Mitigation and Peak oil Planning

Incorporate climate change mitigation and peak oil preparedness into local planning strategies

18, 45, 46, 53

77.

Cross departmental Collaboration

Work across Council to support implementation of Low Carbon Strategy

5, 17, 45

80.

Sustainability education

Deliver community sustainability education initiatives to reduce community environmental impact.

14, 16, 17, 46, 47

 

Definition of the project/task:

 

Council support of Byron Shire becoming Australia’s first Zero Emissions Community consisting of working with BZE to develop a process, including conducting workshops with key stakeholders, in order to develop a roadmap to achieve the stated intention and to utilise actions within the Byron Shire Low Carbon Strategy 2014 to help facilitate the process.

 

Source of Funds (if applicable):

 

Not applicable

 

Signed:   Cr Simon Richardson

 

 

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

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

 

Clarification of project/task:

 

A project such as this will involve community engagement, technical research, local innovation and clear leadership to be a success. A commitment to build on Byron Shire Council’s own emission reduction efforts to 100% and include the community at large could only be made possible with partners such as BZE. This is no small undertaking and yet builds on a strong foundation of Council knowledge and community projects already underway.

 

Director responsible for task implementation:

 

The Director of Sustainable Environment and Economy.  This is a multi cross Directorate responsibility.


 

 

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

 

A 100% Zero Emission Community project would align with the recently adopted Low Carbon Strategy as outlined previously. Additionally, the following projects also act in synergy and would lend strength to the proposed initiative:

 

·  Council’s trial of virtual net metering – innovation of the grid network will be imperative for a future of decentralised energy.

·  Community Owned Renewable Energy Mullumbimby (COREM) – Community owned renewable energy projects will build the necessary community support/momentum needed to shift behavioural change.

·  Council’s carbon farming program with landfill gas flare and organics waste collection service.

 

The proposed initiative will encompass all sectors of the community and as such will require a whole of Council approach. The Council’s Sustainability Program is fully allocated in terms of staff time and budget for the coming calendar year with a range of community and corporate projects already committed.

 

 

Financial and Resource Implications:

To partner with BZE, to lead this initiative and acquire funding and resources it will be necessary to provide dedicated support from the Sustainability Program the SEE Directorate, and Council staff in other Directorates.

 

Legal and Policy Implications:

 

The proposed initiative has direct linkages to the Byron Shire Low Carbon Strategy 2014.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Change to Procedure at Ordinary Council Meetings regarding speeches prior to Right of Reply

File No:                                  I2015/193

 

  

 

I move that a change of procedure be incorporated into council meetings as per the following:

 

1.       Prior to calling for the “right of reply” at the end of a debate on the floor of council that a “courtesy call” be given to any remaining councillors who may have wished to speak but had not had the opportunity to do so regardless of the content of their speech or final vote “for or against” on the issue.

 

2.       The “courtesy call” would not be directed at an individual councillor but offered to all remaining speakers who have not yet spoken on the subject.

 

 

 

 

 

Councillor’s Background Notes:

 

All councillors at one time or another have had to revert to using the “against but might vote for” or “for but might vote against” process.  There is also some concern when the speeches are taking place that one needs to “jump in” or lose the opportunity to speak at all.  This is not conducive to good and clear debate and if possible should be avoided.

 

To reduce or avoid further conflict in council chambers during Ordinary Meetings it would be advantageous for councillors and staff if this change to the meeting procedure was to be approved and actioned at the next meeting of council.

 

Recommended priority relative to other Delivery Plan tasks:

 

Signed:   Cr Rose Wanchap

 

 

Management Comments by Mark Arnold, Director Corporate and Community Services:

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

 

Clarification of project/task:

 

To amend the Code of Meeting Practice to allow for further speeches after for and against speeches have the exhausted.

 

Council Code of Meeting Practice states with regard to Conducting the Debate

25. CONDUCTING THE DEBATE

 

25.1      A Councillor shall not, without consent of the Council, speak for longer than three minutes at any one time.

 

25.2      The seconder of a motion may reserve the right to speak later in the debate.

 

25.3      Speakers speak for or against the motion.  Once an amendment has been moved, speakers then speak for or against the amendment (unless the amendment is withdrawn).

 

25.4      The Chairperson will call for Councillors to speak on a for and against basis.

 

25.5      Once the Chairperson has called for speeches against the motion or amendment without responses:

 

            (a)         if the seconder has reserved their right to speak, they shall now do so:

 

            (b)         if not (or else after the seconder has spoken) no further speeches are to be called and the Chairperson shall call for a reply from the mover;

 

            and then put the matter to the vote.

 

25.6      The Chairperson may permit a Councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment.

 

25.7      Under Clause 25.6 speakers shall not speak for more one minute and shall be restricted to clarifying the misrepresentation or misunderstanding.

 

25.8      The Council Administration will provide and operate a timer to ensure that speakers stay within the time limits as outlined in this Code.

 

25.9      A verbal delegate’s reports shall be limited to two minutes per delegate.

 

Despite the amendment to the Code of Meeting Practice proposed in the Notice of Motion, a Councillor can move that the Motion be Put in accordance with The Local Government (General) Regulations 2005 Clause 250(4) which states:

 

250   Limitation as to number of speeches

(1)      A councillor who, during a debate at a meeting of a council, moves an original motion has the right of general reply to all observations that are made by another councillor during the debate in relation to the motion and to any amendment to it, as well as the right to speak on any such amendment.

 

(2)      A councillor, other than the mover of an original motion, has the right to speak once on the motion and once on each amendment to it.

 

(3)      A councillor must not, without the consent of the council, speak more than once on a motion or an amendment, or for longer than 5 minutes at any one time. However, the chairperson may permit a councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment, and for longer than 5 minutes on that motion or amendment to enable the councillor to make a statement limited to explaining the misrepresentation or misunderstanding.

(4)      Despite subclauses (1) and (2), a councillor may move that a motion or an amendment be now put:

 

(a)      if the mover of the motion or amendment has spoken in favour of it and no councillor expresses an intention to speak against it, or

(b)      if at least 2 councillors have spoken in favour of the motion or amendment and at least 2 councillors have spoken against it.

(5)      The chairperson must immediately put to the vote, without debate, a motion moved under subclause (4). A seconder is not required for such a motion.

 

(6)      If a motion that the original motion or an amendment be now put is passed, the chairperson must, without further debate, put the original motion or amendment to the vote immediately after the mover of the original motion has exercised his or her right of reply under subclause (1).

 

(7)      If a motion that the original motion or an amendment be now put is rejected, the chairperson must allow the debate on the original motion or the amendment to be resumed.

 

Director responsible for task implementation:

 

Director Corporate and Community Services

 

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

 

Council on 5 February 2015 considered a Notice of Motion wherein it resolved to amend the Code of Meeting Practice as follows:

 

15-015         Resolved that Council

 

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

 

                   b)       Amend the Code of Meeting Practice to:

 

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

                            ii)       allow Councillors to ask questions of the speaker

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

 

It is proposed that a report on these amendments to the Code of Meeting Practice Policy will be prepared and presented to Council in April. 

 

If Council adopts further amendments to the Code of Meeting Practice Policy these amendments will also be included in this report.

 

Financial and Resource Implications:

 

The amendments proposed to the Code of Meeting Practice Policy may result in longer meeting times. The current provisions of Clause 25 – Conducting the Debate were included by Council to assist with the time management of the debate on each Agenda Item called by a Councillor and to avoid unnecessary speeches for matters  generally supported by Councillors. This change was included following discussion with Councillors. 

 

Legal and Policy Implications:

 

The Notice of Motion if supported, would require an amended the Code of Meeting Practice to be drafted. As indicated above, this would be done in conjunction with the amendments sought by Resolution 15-015.

 

The statutory process for the adoption and or amendment of the Code of Meeting Practice is set out in Sections 361 – 363 of the Local Government Act1993

 

361   Preparation, public notice and exhibition of draft code

(1)   Before adopting a code of meeting practice, a council must prepare a draft code.

 

(2)   The council must give public notice of the draft code after it is prepared.

 

(3)   The period of public exhibition must not be less than 28 days.

 

(4)   The public notice must also specify a period of not less than 42 days after the date on which the draft code is placed on public exhibition during which submissions may be made to the council.

 

(5)  The council must publicly exhibit the draft code in accordance with its notice.

362   Adoption of draft code

(1)  After considering all submissions received by it concerning the draft code, the council may decide:

(a)    to amend those provisions of its draft code that supplement the regulations made for the purposes of section 360, or

(b)   to adopt the draft code as its code of meeting practice.

 

(2)  If the council decides to amend its draft code, it may publicly exhibit the amended draft in accordance with this Division or, if the council is of the opinion that the amendments are not substantial, it may adopt the amended draft code without public exhibition as its code of meeting practice.

363   Amendment of the code

A council may amend a code adopted under this Part by means only of a code so adopted.

  


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.1

 

 

Petitions

 

Petition No. 10.1         Against the Construction of the Telstra Tower in Ocean Shores

Directorate:                 Corporate and Community Services

Report Author:           Gayle McCallum, Governance Officer

File No:                        I2015/85

Theme:                         Ecology

                                      Development and Approvals

 

At Council’s Ordinary meeting held on 5 February 2015, the Mayor Cr Simon Richardson tabled a petition containing 572 online and 181 paper signatures (total 753) which states:

 

We, the residents of Flinders Way, Banool Circuit, Gira Place, Shara Boulevard, Palmer Avenue, Player Parade and surrounding areas, Ocean Shores, NSW 2483, object strongly against the construction of a planned Telstra Tower on council owned land, zoned currently DM (deferred matter) and situated east of Flinders Way in bushland. The action requested of council is to disallow the construction of the Telstra Tower on their land.

The reasons for the objection are as follows”

 

1.       The location of the tower has a large visual impact on several adjoining residences, on only 38 metres away.

2.       The site is adjacent to a previously zoned 5k habitat site, which with the new LEP 2014 was rezoned DM (deferred matter)”

3.       There is an alternative site available with ‘Clear Line of Site’ located on the Optus trail north of Flinders Way in the Billindugel Nature Reserve.  This site is marked ‘E” on the drawings of Aurecon Pty Ltd.

4.       There are potential severe health concerns in relation to the close proximity of the tower regarding EMR. “’Electromagnetic Radiation’.

 

Comments from Director Corporate and Community Services:

 

Council at its Ordinary Meeting held 5 February 2015 considered a report requesting Owner’s Consent to Lodge DA – Telecommunications Facility on Council Land in Ocean Shores.

 

It resolved as follows:

 

          15-016        Resolved that Council not provide owners consent and, in advising Telstra of this decision, indicate that Council supports Telstra improving its service to the area but requests that it find other locations(s) for new base stations away from residents and schools.

 

Aurecon Pty Ltd were advised of Council resolution on 17 February 2015.

 

The lodgement Petitioner has been advised of Council’s resolution in this matter.

 

 

  

 

RECOMMENDATION:

That the petition regarding the Telstra Tower in Ocean Shores be noted.

 

 

 

    


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Licence  - Shara Community Gardens

Directorate:                 Corporate and Community Services

Report Author:           Claire Campbell, Leasing/Licensing Officer

Kim Mallee, Sustainability Officer

File No:                        I2015/12

Theme:                         Ecology

                                      Land and Natural Environment

 

 

Summary:

 

Council has received a request from Mullumbimby Sustainability Education & Enterprise Development Inc (Mullum SEED), on behalf of the Shara Gardens Committee, for further tenure of the land located at Lot 2005 DP808461 known as ‘Shara Community Gardens’, Shara Boulevarde, Ocean Shores NSW. The current licence agreement between Council and Mullum SEED for this site expires on 3 April 2015.

 

  

 

RECOMMENDATION:

1.       That notice of Council’s intention to grant licences over Community Land being Lot 2005 DP808461 known as ‘Shara Community Gardens’, Shara Boulevarde, Ocean Shores NSW be notified and exhibited in accordance with Section 47 of the Local Government Act.

 

2.       That subject to no submissions being received during the exhibition period, Council grant a licence to Mullumbimby Centre for Sustainable Living and Environmental Education Inc over Community Land being Lot 2005 DP808461, for the purpose of a community garden on the following terms:

 

a)    Commencement date 4 April 2015;

b)    Licence term of 6 months;

c)    Rental equivalent to Crown minimum rent, currently $461.00 per annum ex GST.

 

3.       That subject to the Licensee providing the required structural certifications and housing for their building materials; and no submissions being received during the exhibition period, Council grant a further licence to Mullumbimby Centre for Sustainable Living and Environmental Education Inc over Lot 2005 DP808461, for the purpose of a community garden on the following terms:

 

a)    Commencement date 4 October 2015;

b)    Licence term of 4 years and 6 months;

c)    Rental equivalent to Crown minimum rent, currently $461.00 per annum ex GST;

 

6.       That if submissions are received on the proposed licenses, a further report be provided to Council for consideration.

 

 

Attachments:

 

1        Report Shara Community Gardens - supporting information - Licence renewal request, E2015/12380 , page 36  

 

 

Report

 

Land

 

Lot 2005 DP 808461 (Shara Boulevarde, Ocean Shores)

Owner – Byron Shire Council – Community Land

Category - Park

Use – passive recreation activities as described in Generic Plan of Management for Community Land Categorised as a Park #590121 adopted 24/02/05.

 

History

 

In February 2011 Council called for Expressions of Interest for the licence of Council owned land known as ‘Shara Boulevarde (Lot 2005 DP 808461)’ for the purposes of establishing a community garden.

 

Following this process a temporary ‘trial’ licence was entered into with Mullumbimby Community Gardens Inc. to establish a community garden known as ‘Shara Community Gardens’ in accordance with Byron Shire Community Gardens Policy.

 

This initial ‘trial’ licence agreement expired on 3 April 2012.  

 

Subsequent to this and in accordance with both the Council’s Community Gardens Policy of the time, as well as the original Call for Expressions of Interest document, upon expiry of the temporary ‘trial’ licence, Mullumbimby Community Garden Inc. applied for a further term.  At its Ordinary Meeting of 25 October 2012 Council considered report “12.11 Community Garden Ocean Shores - Licence Agreement” and resolved to grant a licence agreement for a period of 3 years [12-838] (http://www.byron.nsw.gov.au/meetings/historical-meetings/2012).

 

The term of this licence commenced on 4 April 2012, and will terminate on 3 April 2015.

 

The licensee Mullumbimby Community Garden Inc is now known as Mullumbimby Sustainability Education & Enterprise Development Inc (Mullum SEED). This name change has been previously notified to Council and supporting documents have been provided to Council, confirming this change of name.

 

Current

 

On the 27 January 2015 Mullum SEED wrote to Council and formally requested a renewal of the licence for a further term for the land located at Lot 2005 DP808461 known as ‘Shara Community Gardens’, Shara Boulevarde, Ocean Shores NSW.

 

On the 27 January 2015 Mullum SEED also provided Council with a written report outlining how they have satisfied the conditions and maintenance requirements during the current licence period, refer Attachment 1.

 

Provision of this written report satisfies the reporting requirement under Section 7 of council’s current policy governing the application of licensing renewal provisions - Policy No. 14/008 Byron Shire Community Gardens (http://www.byron.nsw.gov.au/policies).

 

Following the provision of this report, a Council compliance staff visited the site and conducted an inspection. Compliance staff advised that Mullum SEED have not yet provided Structural Engineering Certificates for three of the structures on site, and that they are required to move and enclose of some materials currently stored on site. 

 

This report supports the continued tenure of the site by Mullum SEED for the purpose of a community garden, and recommends an initial 6 month licence term to provide sufficient time for Mullum SEED to obtain the necessary structural certifications, and to relocate and house the materials identified.  Once this has been completed to the satisfaction of the General Manager, the recommendation is to provide further licence agreement for 4 years and 6 months. 

 

Supporting comments from the Sustainability Officer are below:

 

Shara Community gardens have created a vibrant and sustainable social asset for the community of Ocean Shores. Over the past 3 years changes to the steering committee and membership renewal have seen a blossoming of activity at the gardens. The original swales have been re landscaped into abundant private and shared allotments with both vegetables, flowers and fruit trees throughout. Wooden sleeper raised vegetable beds have been installed in collaboration with the local primary school and neighbouring preschool to be utilised as a learning space and classes are conducted on the site regularly under the supervision of the school teachers.

 

Through fundraising, sponsorship and grants the steering committee in 2014 organised (with permission from Council) the construction of a new pergola for under cover seating, sand pit and beautiful locally made wooden picnic table.  Additionally by working with Council’s parks and gardens team the committee was able to resolve a safety issue of people driving through the gardens from Clifford Street to Shara Boulevard by installing a new concrete footpath and lockable bollard. The bollard is removable for mulch deliveries and flood access and the path significantly improved the pedestrian connectivity of the area allowing for easy access of prams, scooters and bikes.

 

Shara Community gardens is a great example of how a volunteer organisation with small but meaningful support from Council can take ownership of vacant land and create a vibrant meeting place for sustainable learning and food production.

 

 

Financial Implications

 

A one-off $400 document preparation fee is payable by Mullum-SEED in accordance with the adopted fees and charges.

 

As an assessed Category 1 License arrangement, the annual rent for the licences would be charged at the equivalent of Crown minimum rent, currently $461.00 ex GST per annum, and increased in line with the Consumer Price Index (all groups) for Australia.

 

 

Statutory and Policy Compliance Implications

 

1.   Policy No. 14/008 Byron Shire Community Gardens (http://www.byron.nsw.gov.au/policies).

 

2.   Local Government Act 1993 No 30

47 Leases, licences and other estates in respect of community land—terms greater than 5 years

(1)  If a council proposes to grant a lease, licence or other estate in respect of community land for a period (including any period for which the lease, licence or other estate could be renewed by the exercise of an option) exceeding 5 years, it must:

(a)  give public notice of the proposal, and

(b)  exhibit notice of the proposal on the land to which the proposal relates, and

(c)  give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and

(d)  give notice of the proposal to any other person, appearing to the council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

(2)  A notice of the proposal must include:

•  information sufficient to identify the community land concerned

•  the purpose for which the land will be used under the proposed lease, licence or other estate

•  the term of the proposed lease, licence or other estate (including particulars of any options for renewal)

•  the name of the person to whom it is proposed to grant the lease, licence or other estate (if known)

•  a statement that submissions in writing may be made to the council concerning the proposal within a period, not less than 28 days, specified in the notice.

(3)  Any person may make a submission in writing to the council during the period specified for the purpose in the notice.

(4)  Before granting the lease, licence or other estate, the council must consider all submissions duly made to it.

(5)  The council must not grant the lease, licence or other estate except with the Minister’s consent, if:

(a)  a person makes a submission by way of objection to the proposal, or

(b)  in the case of a lease or licence, the period (including any period for which the lease or licence could be renewed by the exercise of an option) of the lease or licence exceeds 21 years.

(6)  If the council applies for the Minister’s consent, it must forward with its application:

•  a copy of the plan of management for the land

•  details of all objections received and a statement setting out, for each objection, the council’s decision and the reasons for its decision

•  a statement setting out all the facts concerning the proposal to grant the lease, licence or other estate

•  a copy of the newspaper notice of the proposal

•  a statement setting out the terms, conditions, restrictions and covenants proposed to be included in the lease, licence or other estate

•  if the application relates to a lease or licence for a period (including any period for which the lease or licence could be renewed by the exercise of an option) exceeding 21 years, a statement outlining the special circumstances that justify the period of the lease or licence exceeding 21 years

•  a statement setting out the manner in which and the extent to which the public interest would, in the council’s opinion, be affected by the granting of the proposed lease, licence or other estate, including the manner in which and the extent to which the needs of the area with respect to community land would, in the council’s opinion, be adversely affected by the granting of the proposed lease, licence or other estate.

(7)  On receipt of the application, the Minister must request the Director of Planning to furnish a report concerning the application within such period as the Minister specifies.

(8)  After considering the application and any report of the Director of Planning, the Minister, if satisfied that:

(a)  subsections (1), (2) and (6) have been complied with, and

(b)  such consent would not contravene section 46, and

(c)  in all the circumstances, it is desirable to grant consent,

may consent to the granting of a lease, licence or other estate in respect of the whole or part of the land to which the application relates, subject to such terms and conditions as the Minister specifies.

(8AA)  The Minister may consent to a lease or licence referred to in subsection (5) (b) only if the Minister is satisfied that there are special circumstances that justify the period of the lease or licence exceeding 21 years.

(8A)  On request by any person, the Minister must provide that person, within 14 days of that request, with a written statement of reasons for consenting to, or refusing to consent to, the granting of a lease, licence or other estate in accordance with subsection (8).

(9)  The Minister’s consent is conclusive evidence that the council has complied with subsections (1), (2) and (6).

(10)  For the purposes of this section, any provision made by a lease or licence, or by an instrument granting any other estate, in respect of community land, according to which the council:

(a)  would suffer a disadvantage or penalty if the same or a similar lease, licence or estate were not to be granted, for a further term, after the expiry of the current lease, licence or other estate, or

(b)  would enjoy an advantage or benefit if the same or a similar lease, licence or estate were to be so granted, is taken to confer an option for renewal for a term equal to the further term.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services         13.1 - Attachment 1

2. A brief report/document (1-2 pages) showing how you have met the licence conditions to date. In particular this should include:
 

QUESTION 2A .

How you have met the objectives of Annexure 2 of the attached policy (page 16)

 

ANNEXURE 2 GUIDELINES FOR COMMUNITY GARDEN OPERATIONS:

The responsibilities of community garden committees are outlined as follows:

 

SOCIAL

         

Value socio-cultural differences and encourage public access and visitation,

See attachment at bottom of page.

 

Maintain decision-making and conflict resolution processes that are equitable, inclusive and transparent,

General meetings are held once per month.

Shara Community Garden utilizes the Conflict resolution policy as per the  Mullum SEED policy and procedures manual.

 

Form partnerships with existing community groups e.g. education providers, garden clubs, care facilities and other community garden groups,

Shara Community Gardens has formed a strong partnership with the  Preschool next door  and the Ocean Shores Primary school.

We also run a Work for the Dole program in partnership with Tursa.

 

Promote opportunities for learning through public art and interpretive signage,

We have interpretive signs for various plants and run regular workshops. We have had a number of local artists working in the garden doing murals etc. The structures ie, Rotunda, Pergola and Sand Pit have all been designed and built by local artistic builders to enhance the beauty of the space.

 

Communicate with Byron Shire Council in a transparent, regular and reciprocal manner concerning matters relating to the operation of community gardens,

We have regular meetings and email exchange with Kim Mallee to update council and discuss possible plans. We have submitted proposed plans to Leslie Beardmore for approval and discussed many aspects of these plans with Andy Erskin prior to submission.

 

Cultivate positive and respectful relationships within the immediate neighbourhood.

All of the immediate neighbors to the garden are very supportive of the garden and in fact all of them are involved in some way. The preschool is very appreciative of our work and has contributed in various ways over the years.

Recently we had a celebration which attracted a large number of local people. The Preschool kids had been working on a performance for the day for months beforehand and much fun was had by all.

 

MAINTENANCE AND ENVIRONMENTAL CONSIDERSATIONS

 

Communal gardens and allotments are to be kept neat and maintain a minimum standard of aesthetics, including the mowing of grassed areas,

The grounds are always maintained to a high standard. This is achieved through the work for the dole program and volunteer labor.

 

Actively control noxious and environmental weeds and pests. This must be undertaken in accordance with management guidelines,

We are constantly working on this and generally have next to no weed issues.

 

Utilise sustainable practices, such as recycling, water efficient gardening and organic gardening methods,

We employ organic methods and are working towards a sustainable water plan.

 

Ensure any odours produced by manures, composting and fertilizers are controlled,

Yes

 

Maintain composting and worm farm systems so as not to harbour vermin,

Yes

 

Ensure all water used on site is sourced from either designated water connections, licensed bore supply or harvested from rainwater tanks,

Yes

 

Ensure that any runoff from the garden is not contaminated by fertilizer, sediment, manure or excessive organic matter,

Yes

 

Identify and implement any opportunities for environmental restoration on the site.

We are working on this.                

 

DEVELOPMENT OF INFRASTRUCTURE

Gardeners must ensure all structures erected on the site are of a removable nature and located completely within the boundaries of the site. Removable nature would ensure relocation can be practically achieved in 12 hours by the use of not more than one 4WD vehicle for the entire relocation procedure and include the removal of all imported elements, including retaining walls, foundations and supports,

 

All structures on site are of a removal nature and have been approved by Byron Shire council as per Question 2B.

 

 

MANAGEMENT AND NEIGHBOURHOOD RELATIONS

Develop a site specific community garden management plan that details the gardens’ aims and procedures for routine operation, such as the allocation of allotments,

Yes

 

Maximise opportunities for economic self-sufficiency. Any funding from Council will only be temporary in nature through grants and sponsorship opportunities,

Yes

 

Develop operational health and safety, access and behavioral policies for the garden. These may emulate policies developed by other community gardens,

We have health and safety policies.

Ensure adequate community consultation is undertaken to gauge neighbourhood interest regarding proposals for new community gardens,

We regularly engage the local community to discuss plans.

 

Ensure noise levels are kept to a standard which does not disturb neighbours,

Yes

 

Prohibit the lighting of any open fires on the land, excluding the operation of a combustion stove, cob earth oven or gas BBQ,

Yes

 

No livestock are to be kept on the site, with the exception of poultry (excluding roosters) and bees. Any animals kept on the site will be enclosed and kept away from residential boundaries and be subject to a pre-established management process,

Yes. We have no livestock.

 

Ensure any dogs are controlled on leashes at all times while in the boundaries of the garden,

Yes

 

Maintain general operating hours to within daylight hours.

Open 24hrs.

 

ACTIVITIES AND EVENTS

Ensure that all events and activities convened at the site are held in a safe and inclusive manner with the focus being around sustainability, education, community or site development,

Yes

 

Limit music to acoustic and non-amplified at all times,

Yes

 

Ensure that the site remains a drug and alcohol-free zone,

Shara Gardens is a drug and alcohol free site as per our Membership guidelines.

 

Ensure no event will proceed beyond 6.00pm without prior written consent from Byron Shire Council,

All events on site are finished by 6pm.

 

Ensure that neighbouring properties bordering the site are given adequate written notice, being a minimum of two (2) weeks prior to any event being held,

Neighbours are given 2 weeks notice before all events on site.

 

Ensure that any notification of an event entails, a description of the planned event, the estimated duration of the event and contact details of a relevant person overseeing the event,

Yes

 

Ensure consistency with Council’s Events Policy.

Yes

 

INSURANCE AND INCORPORATION

To ensure a duty of care is held for all members, Council requires that all community garden groups maintain a minimum $10,000,000 public liability insurance at all times,

An affiliated community organisation may auspice a community garden group and permit the community garden to be covered under their insurance,

 

Community garden groups may unite to purchase insurance collectively,

Yes, co-insured with Mullumbimby Community Gardens.

 

2 approved
Rotunda

Shed

Pergola

Garden beds

Sandpit

Path and Bollard

 

2c. How you have met special conditions to your site such as the acid sulphate soil management and buffers to sewer mains on the lower boundary

We have been careful not to disturb any of the acid sulphate soil found in some parts of the property.

We have maintained good clearance of all structures from the sewer mains on the lower boundary.

 

2d. Successes and the positive achievements you have created at the site

 

- Shara Community Gardens is a major public through fare and meeting place. One of the strongest guiding principles in the management of the Gardens is to enhance these and develop these qualities. 

-We have, since the construction of our garden shed and the purchase of our mower and whipersniper maintained the garden at a high level keeping the lawns well maintained and the walkways clear at all times. We have worked with council (Andy Erskine from Parks and Gardens) to install a pathway/bikeway with a bollard to stop cars driving through the gardens. This has made what was an eroded often boggy path a joy to use for the community. Where mothers used to get bogged with there prams and people would fall off their bikes they now glide through with ease. 

Since the gardens were developed there has been much more respect for the space in general. No longer do we find people driving through the park and doing donuts in their cars chewing up the grass and making the path all but unusable. 

 

-Shara Community Gardens has become a natural meeting place for people of all different ages and back grounds. Every day there are people moving through the gardens, enjoying the many different plantings and lay out. 

 

-We have both private garden plots (which are reserved for members who pay a small yearly fee) and community plots which are maintained by volunteers and can be harvested by anyone who visits the garden. There are signs to inform people what many of the rare plants are and we regularly have small workshops on various subjects.

 

-Historically the area was neglected with the grass often growing up to a meter high before the council would send in a big tractor with a slasher to knock it down. Being right next to the kindergarden this then posed concerns around snakes etc.

 

-Shara Community Gardens has formed a strong partnership with the preschool next door and we are in constant communication about how we can improve things.

We maintain a strong connection with both the Ocean Shores Primary school and the Preschool with students from the Primary School coming to gardens every week during the school term for classes in the gardens. This has given the children a great chance to lean more about organic gardening and sustainability in general and has also created a connection for these children and their parents to the space, which has in tern meant that they visit regularly and encourage their friends respect the space.

 

-With council approval, we have built a pergola and sand pit and hope to extend this to include a basic playground for young children. A weekly playgroup has started.

 

-Our aim is to develop the garden to serve the local community whilst promoting local food growing and sustainability in as many ways as possible. In the time that we have been working in and developing the garden we have found that it has become a major public meeting point. Especially for families, mums and dads walking with the kids and grandparents with grand children. More and more we are seeing people meeting in the gardens for a picnic or just a chat. Strolling through the private and community beds looking and learning.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Report No. 13.2           Investments - February 2015

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2015/188

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position as at 28 February 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 28 February 2015 be noted.

 

 

 

 

 


 

Report

 

In relation to the investment portfolio for February 2015, Council has continued to maintain a diversified portfolio of investments The average 90 day bank bill rate (BBSW) for the month of February was 2.37%.  Council’s performance for the month of February is a weighted average of 3.26%. 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 28 February 2015:

 

Schedule of Investments held as at 28 February 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

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

23/02/15

2,000,000

ING BANK (AUSTRALIA)

N

A1

24/08/15

TD

3.11%

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

11/02/15

2,000,000

BANK OF QUEENSLAND

N

A2

12/05/15

TD

3.15%

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

05/01/15

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

14/11/14

1,000,000

ING  BANK (AUSTRALIA)

N

A2

14/11/14

TD

3.52%

1,000,000.00

12/02/15

1,000,000

NEWCASTLE PERMANENT

N

NR

13/05/15

TD

3.21%

1,000,000.00

12/02/15

2,000,000

NAB

N

AA-

13/05/15

TD

3.21%

2,000,000.00

23/02/15

2,000,000

NAB

N

AA-

25/05/15

TD

3.13%

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

06/02/15

2,000,000

BANKWEST

N

A1+

10/04/15

TD

3.10%

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

03/02/15

1,000,000

MACQUARIE BANK

P

A1

04/05/15

TD

3.30%

1,000,000.00

05/02/15

2,000,000

SUNCORP

N

A1

06/05/15

TD

3.15%

2,000,000.00

11/02/15

2,000,000

AMP BANK

N

A

12/08/15

TD

3.30%

2,000,000.00

13/02/15

2,000,000

RABOBANK

N

A1+

14/05/15

TD

3.10%

2,000,000.00

12/02/15

1,000,000

RABOBANK

N

A1+

13/06/15

TD

3.10%

1,000,000.00

N/A

2,001,566

CBA BUSINESS ONLINE SAVER

N

A

N/A

CALL

2.25%

2,001,566.46

Total

65,201,566

 

 

 

 

AVG

3.26%

65,192,716.46

 

It should be noted that at the time of writing this report, Council had not received a valuation for the EMU Note for February 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 February 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 remains the same as January, demonstrating a cumulative unrealised loss of $8,850.00.

 

Dissection of Council Investment Portfolio as at 28 February 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

2,001,566.46

Business On-Line Saver (At Call)

2,001,566.46

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

65,201,566.46

 

65,192,716.46

(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 January 2015 to 28 February 2015 on a current market value basis. 

 

Movement in Investment Portfolio – 31 January 2015 to 28 February 2015

 

Item

Current Market  Value (at end of month)

Opening Balance at 31 January 2015

65,189,207.54

Add: New Investments Purchased

21,000,000.00

Add: Call Account Additions

0.00

Add: Interest from Call Account

3,508.92

 

Less: Investments Matured

21,000,000.00

Less: Call Account Redemption

0.00

Add: Fair Value Movement for period

0.00

Closing Balance at 28 February 2015

65,192,716.46

 

 


Investments Maturities and Returns – 31 January 2015 to 28 February 2015

 

2,000,000.00

Suncorp

TD

02/02/2015

91

3.40%

16,953.42

1,000,000.00

AMP Bank

TD

03/02/2015

90

3.25%

8,013.70

2,000,000.00

Bank of Queensland

TD

05/02/2015

120

3.40%

22,027.40

2,000,000.00

Bankwest

TD

06/02/2015

60

3.40%

11,178.08

2,000,000.00

National Australia Bank

TD

09/02/2015

91

3.40%

16,953.42

2,000,000.00

Bank of Queensland

TD

11/02/2015

127

3.35%

23,312.33

1,000,000.00

National Australia Bank

TD

12/02/2015

92

3.40%

8,569.86

2,000,000.00

National Australia Bank

TD

12/02/2015

90

3.42%

16,865.76

1,000,000.00

Peoples Choice Credit Union

TD

12/02/2015

90

3.43%

8,457.53

1,000,000.00

Newcastle Permanent

TD

12/02/2015

90

3.35%

8,260.27

1,000,000.00

National Australia Bank

TD

12/02/2015

90

3.40%

8,383.57

2,000,000.00

National Australia Bank

TD

23/02/2015

90

3.42%

16,865.75

2,000,000.00

ING Bank (Australia)

TD

23/02/2015

181

3.56%

35,307.40

21,000,000.00

 

 

 

 

 

201,148.49

 

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 February 2015 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 28 February 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)

2,001,566.46

2,001,566.46

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

65,201,566.46

65,192,716.46

(8,850.00)

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

2,105,243.67

2,105,243.67

0.00

Total Cash at Bank

2,105,243.67

2,105,243.67

0.00

 

 

 

 

Total Cash Position

67,306,810.13

67,297,960.13

(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 - Sustainable Environment and Economy                                   13.3

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.3           PLANNING DA 10.2014.417.1 - Demolition of existing residential flat building & construction of a new residential flat building and associated works at 43 Lawson Street Byron Bay

Directorate:                 Sustainable Environment and Economy

Report Author:           Joe Davidson, Team Leader Planner

File No:                        I2014/162

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

Proposal

Development consent is sought to demolish the existing development on the site and construct a new residential flat building containing 7 dwelling units. The site currently contains a three storey residential flat building containing 6 dwelling units and an attached vehicle garage (all above ground). The proposed development includes an underground basement level (containing 16 car parking spaces plus storage areas) and three levels containing residential units above ground.

The design includes three separate units on both the ground level and first level, and a single unit on the second level. Terrace and balcony areas are proposed on the northern side of the building providing solar access for each individual unit. Four swimming pools are proposed at ground level and a lap pool and spa are proposed on the second floor. Additional balcony areas are also proposed on the second floor facing east and west.

Background

The Development Application was lodged with Council on 18 July 2014 which was three days before the commencement of Byron Local Environmental Plan 2014. Accordingly, the proposal is required to be assessed in consideration of Byron Local Environmental Plan 1988 and Byron Development Control Plan 2010. It is noted that the Environmental Planning and Assessment Act 1979 requires Council to consider Byron Local Environmental Plan 2014 as a draft instrument only.

Assessment

An initial assessment of the proposal identified a number of non-compliances with Council’s development control requirements. These include breaches of the maximum height requirements of Byron Local Environmental Plan 1988 and multiple breaches of Development Control Plan 2010 relating to building setbacks, building height plane, overshadowing, privacy, lack of landscaping, bulk and scale.

Clause 40 of Byron Local Environmental Plan 1988 prescribes maximum height requirements for the subject site. A maximum overall height of 9.0 metres and a maximum uppermost floor level of 4.5 metres apply in this case. The proposal breaches both of these requirements. An objection under State Environmental Planning Policy No. 1 was submitted with the Development Application requesting a variation to the requirements of Clause 40, arguing that compliance with the height controls is unreasonable and unnecessary in the circumstances of the case.

In August 2014, the Applicant was formally requested to provide an amended proposal that addressed the non-compliances raised in the initial assessment. A meeting was held with the Applicant to discuss options to achieve greater compliance with Council’s development controls. These included reducing the height of the proposal, increasing the boundary setbacks and reducing the number of proposed dwelling units. In addition, issues raised within public submissions that were received during the public exhibition of the development application were discussed. These included privacy, density and overshadowing concerns.

The original proposal that was submitted to Council in July 2014 sought approval for 9 dwelling units. Amended plans were submitted by the Applicant in late August 2014 which although showed a reduction in the number of proposed dwelling units to 7 did not alter the setback or scale of the development, merely combined units within. In addition, the amended plans showed some additional deep soils landscape planting areas. As such, the amended proposal made no substantive improvement to the design of the development having regards to its overall non-compliances with height, building setbacks, building height plane, overshadowing, privacy, bulk and scale.

Documentation accompanying the amended plans submitted by the Applicant argued that an existing approval on the adjoining property to the east (45-47 Lawson Street) provides a level of justification for the variations proposed within the amended design. A review of the development approval history of this adjoining site confirms that the approved design relates back to a Development Application for a motel that was granted consent in April 2001, a time when the maximum height controls in Byron Shire were very different to the current controls. Further, the most recently approved plans for this neighbouring property provide a greater level of compliance with building setback and building height plane controls than the proposal for 43 Lawson Street.

The subject site is surrounded by a mixture of development forms and densities. The proposal seeks to create a similar form of development to that approved on the adjoining site to the east, however the subject site is significantly smaller that the neighbouring property with less area available to accommodate a development of its proposed height and density. The small site area (711 square metres) creates a situation where non-compliances with development controls cumulate to a point where the design is not able to be supported on planning grounds.

Further conversations were entered into with the Applicant in November/December 2014 seeking to have outstanding planning issues resolved. However, the Applicant indicated at that time that the final proposal had been submitted to Council for assessment. Accordingly, a draft assessment report for the proposal was completed in February 2014 with a recommendation for refusal. A copy of this draft assessment report was forwarded to the Applicant with an invitation to provide an amended proposal which addressed the issues raised within the report. No response was received from the Applicant. In the opinion of staff, options to achieve greater compliance with Council’s planning controls include reducing the floor to ceiling height of each dwelling unit, reducing the floor area of the upper two floors, and stepping in the upper two floors of the building from the side property boundaries.

Conclusion

Given that over 7 months have passed since the Development Application was first submitted to Council, and the efforts made to resolve planning issues with the Applicant, it is concluded from an assessment of the proposal that consent should be refused in this instance.

 

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. 10.2012.474.1 for Medium Density Residential development, be refused for the following reasons listed in Attachment 1.

 

 

Attachments:

 

1        Planning Assessment Report - 10.2014.417.1 - 43 Lawson St Byron Bay, A2014/19344 , page 50  

2        Proposed Plans - 10.2014.417.1 - 43 Lawson St Byron Bay, E2015/13952 , page 71  

3        Confidential - Submissions - 10.2014.417.1 - 43 Lawson St Byron Bay, E2015/9925 (provided under separate cover)  

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.3 - Attachment 1

DEVELOPMENT APPLICATION EVALUATION REPORT

Doc No. #A2014/19344

DA No:

10.2014.417.1

Proposal:

Demolition of existing residential flat building & construction of a new residential flat building and associated works

Property description:

LOT: 0 SP: 16094

43 Lawson Street BYRON BAY

Parcel No/s:

41930

Applicant:

D P Roberts Planning Solutions

Owner:

The Owners of Strata Plan 16094

Zoning:

7(f2) Urban Coastal Land Zone

Date received:

18 July 2014

Integrated Development:

No

Public notification or exhibition:

-    Level 2 advertising under DCP 2010 Chapter 17 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 29/7/14 to 11/8/14

-    Submissions: For 0 Against  2

Other approvals (S68/138):

Not applicable

Planning Review Committee:

N/A

Delegation to determination:

Council

Recommendation:

It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2012.474.1 for demolition of existing residential flat building and construction of new residential flat building and associated works, be refused for the following reasons:

1.  Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to meet the development standard for maximum height of buildings as set out within Clause 40 of Byron Local Environmental Plan 1988. An objection under State Environmental Planning Policy No. 1 to vary this development standard is not supported.

2.  Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning & Assessment Act 1979, the proposal breaches a number of requirements within Development Control Plan 2010 including the maximum building height plane, maximum density provisions, minimum landscaping requirements, provision of clothes drying areas, maximum cut and fill and maximum fence heights.

3.  Pursuant to Section 79C(1)(b) of the Environmental Planning & Assessment Act 1979, the proposal is likely to have a significant impact on the surrounding built environment and the occupants of that environment.

4.  Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to demonstrate that the development has sufficient design quality having regards to the principles and code requirements of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development.

5.  Pursuant to Section 79C(1)(a)(ii) of the Environmental Planning & Assessment Act 1979, the proposal is inconsistent with the future planning direction for the site as set out within Clauses 4.1E, 4.3 and 4.4 Byron Local Environmental Plan 2014, which is an instrument that has been the subject of public consultation under the Environmental Planning and Assessment Act 1979.

6.  Pursuant to Section 79C(1)(e) of the Environmental Planning & Assessment Act 1979, the it is not in the public interest to support the proposal as it breaches a number of development control requirements and has an adverse impact on the surrounding built environment.

7.  Pursuant to Section 79C(1)(c) of the Environmental Planning & Assessment Act 1979, the site is assessed as being unsuitable for the development proposed.

8.  Pursuant to Section 79C(1)(d) of the Environmental Planning & Assessment Act 1979, consideration of public submissions received with respect of the proposal raise valid planning reasons to refuse the Development Application.

9.  Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to demonstrate that the site is suitable for use having regards to the assessment requirements of State Environmental Planning Policy No. 55 – Remediation of Land.

 


 

1.       INTRODUCTION

 

1.1     History/Background

The subject allotment contains a three storey building that contains 6 x 2 bedroom units that were approved under Building Application No. 1980/10. The existing building is somewhat unique in the locality, constructed of face brick walls, aluminium framed windows and concrete tile roofing. The building includes an attached single storey garage fronting Lawson Street with provision for 6 vehicles.

The Development Application was lodged with Council on 18 July 2014 which was three days before the commencement of Byron Local Environmental Plan 2014. Accordingly, the proposal is required to be assessed in consideration of Byron Local Environmental Plan 1988 and Byron Development Control Plan 2010. It is noted that the Environmental Planning and Assessment Act 1979 requires Council to consider Byron Local Environmental Plan 2014 as a draft instrument only.

1.2     Description of the site

The site of the proposed development is described as Lots 1-6 in Strata Plan 16094 and is located at No. 43 Lawson Street, Byron Bay. The allotment is located on the northern side of Lawson Street and takes access from this through road.

The allotment has a rectangular configuration with a street frontage and rear boundary dimensions of 21.3 metres, and side boundary dimensions of 33.38 metres, providing an area of 711 square metres. The site is generally level throughout but falls very slightly from the centre of the allotment to the north, south and west. Large residential allotments adjoin to the east and west, with an apartment building occupying the adjacent lot to the west. An apartment building occupying the allotment to the east was recently demolished to make way for a new development. A public reserve adjoins the site to the north which extends into the Byron Bay foreshore.

Vegetation on the site is limited to grasses and isolated landscaping trees and palms.

1.3     Description of the proposed development

Development consent is sought to demolish the existing development on the site and construct a new residential flat building made up of a basement level and three levels above ground.

The design includes three separate units on both the ground level and first level, and a single unit on the second level. Terrace and balcony areas are proposed on the northern side of the building providing solar access for each individual unit. Four swimming pools are proposed at ground level and a lap pool and spa are proposed on the second floor.

The proposed building includes a mix of materials and incorporates balcony areas on the northern and southern elevations. The majority of bedrooms within the development are located along the eastern and western elevations with screened windows facing neighbouring properties. A total of 16 car parking spaces are proposed within the basement car park. Internal staircases and a lift provide access to each floor within the development.

An indicative landscaping plan has been submitted to support the development. The configuration of the proposed units are described below:

Unit

Bedrooms

Parking

Gross Floor Area

Private open space provision

1

2

2 spaces

94.0m2

22.6m2 courtyard with plunge pool

2

1

2 spaces

54.9m2

25.6m2 courtyard with plunge pool

3

3

2 spaces

95.3m2

22.6m2 courtyard with plunge pool

4

3

2 spaces

121.0m2

13.6m2 balcony

5

1

2 spaces

54.9m2

17.1m2 balcony

6

3

2 spaces

141.4m2

13.6m2 balcony

7

4

2 spaces

214.5m2

166.8m2 balcony with lap pool & spa

 

2.       SUMMARY OF REFERRALS

 

Issue

Development Engineer

Access, parking, stormwater disposal, coastal erosion and contributions.

Water & Waste Services

Water supply and Sewer connection

Clause 45 of Byron LEP 1988

Developer contributions

Environmental Officer

SEPP 55, Noise, Land use conflicts, acid sulfate soils

NSW Office of Water

Dewatering licence

2.1     Comments from NSW Office of Water

The proposal includes over 3 metres of excavation to create a basement car parking area. Such would likely require a dewatering licence. Correspondence from NSW Office of Water advised as follows:

2.2     Consultation with Applicant

An initial assessment of the proposal identified a number of non-compliances with Council’s development control requirements. These include breaches of the maximum height requirements of Byron Local Environmental Plan 1988 and multiple breaches of Development Control Plan 2010 relating to building setbacks, building height plane, overshadowing, privacy, lack of landscaping, bulk and scale.

Clause 40 of Byron Local Environmental Plan 1988 prescribes maximum height requirements for the subject site. A maximum overall height of 9.0 metres and a maximum uppermost floor level of 4.5 metres apply in this case. The proposal breaches both of these requirements. An objection under State Environmental Planning Policy No. 1 was submitted with the Development Application requesting a variation to the requirements of Clause 40, arguing that compliance with the height controls is unreasonable and unnecessary in the circumstances of the case.

In August 2014, the Applicant was formally requested to provide an amended proposal that addressed the non-compliances raised in the initial assessment. A meeting was held with the Applicant to discuss options to achieve greater compliance with Council’s development controls. These included reducing the height of the proposal, increasing the boundary setbacks and reducing the number of proposed dwelling units. In addition, issues raised within public submissions that were received during the public exhibition of the development application were discussed. These included privacy, density and overshadowing concerns.

The original proposal that was submitted to Council in July 2014 sought approval for 9 dwelling units. Amended plans were submitted by the Applicant in late August 2014 showed a reduction in the number of proposed dwelling units to 7. In addition, the amended plans showed some additional deep soils landscape planting areas. However, the amended proposal made no improvement to the design of the development having regards to height, building setbacks, building height plane, overshadowing, privacy, bulk and scale.

Documentation accompanying the amended plans submitted by the Applicant argued that an existing approval on the adjoining property to the east (45-47 Lawson Street) provides a level of justification for the variations proposed within the amended design. A review of the development approval history of this adjoining site confirms that the approved design relates back to a Development Application for a motel that was granted consent in April 2001, a time when the maximum height controls in Byron Shire were very different to the current controls. Further, the most recently approved plans for this neighbouring property provide a greater level of compliance with building setback and building height plane controls than the proposal for 43 Lawson Street.

The subject site is surrounded by a mixture of development forms and densities. The proposal seeks to create a similar form of development to that approved on the adjoining site to the east, however the subject site is significantly smaller that the neighbouring property with less area available to accommodate a development of its proposed height and density. The small site area (711 square metres) creates a situation where non-compliances with development controls cumulate to a point where the design is not able to be supported on planning grounds.

Further conversations were entered into with the Applicant in November/December 2014 seeking to have outstanding planning issues resolved. However, the Applicant indicated at that time that the final proposal had been submitted to Council for assessment. Accordingly, a draft assessment report for the proposal was completed in February 2014 with a recommendation for refusal. A copy of this draft assessment report was forwarded to the Applicant with an invitation to provide an amended proposal which addressed the issues raised within the report. No response was received from the Applicant.

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

Having regard for 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

Requirement

Requirement

Proposed

Complies

State Environmental Planning Policy No. 1 – Development Standards

Refer to issues section below.

Refer to issues section below.

Refer to issues section below.

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

-    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 be discharged to the street.

Yes

 

 

 

Yes

 

 

 

Yes

State Environmental Planning Policy No. 55 – Remediation of Land

Council must:

(a)  considered 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

a)    be satisfied the land will be remediated before the land is used.

As the proposal is likely to significantly remove most of the surface soil layer over the property, the risk from past land use contamination may have been considered to be low.

Concerns might be raised in relation to potential hazards from radioactive sands. Councils’ mapping does not have any information to indicate the hazard rating for this land.

SEPP 55 should have been addressed by the applicant.

Insufficient information provided to make a determination.

No

NSW Coastal Policy 1997

Development within the Coastal Zone must be consistent with the Aims, Objectives and Strategic Actions of the Coastal Policy.

The proposal does not compromise the provisions of the 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.

A condition can be included if consent is granted to ensure the BCA requirements are met.

Yes

Demolition

Demolition is to be carried out in accordance with the requirements of Workcover and AS2601 – Demolition of Structures.

A condition can be included if consent is granted to ensure the Workcover and AS2601 requirements are met.

Yes


Disability Access (DDA)

Access for persons with disabilities and integration into surrounding streetscapes without creating barriers. (Council Res.10-1118)

Although DDA requirements are not triggered for the proposed residential flat building, the design includes a lift to provide access from the basement to each level of the development.

N/A

* Issues discussed below

 

State/Regional Planning Policies and instruments - Issues

State Environmental Policy No. 1 – Development Standards

The proposed development includes the demolition of an existing three storey building and replacement with a new building with a basement car parking area and three levels above ground. The new building exceeds the two prescriptive requirements of Clause 40 of Byron Local Environmental Plan 1988:

b)   the uppermost floor level of the proposed building is 5.8 metres above the existing ground level. This is 1.3 metres over the maximum 4.5 metre requirement of Clause 40.

c)   the overall height of the proposed building is 10.2 metres above ground level at the highest point of the building. This is 1.2 metres over the maximum 9.0 metre requirement of Clause 40.

The Applicant has submitted an objection under State Environmental Planning Policy No. 1 arguing that compliance with the requirements of Clause 40 is unreasonable and unnecessary in the circumstances of the case. Comments in relation to this objection are provided under the relevant assessment headings below.

·    Is compliance with the standard consistent with the aims of SEPP 1 and does compliance with the standard hinder the objects of the EP&A Act 1979 under Section 5(a)(i) and 5(a)(ii).

These objects of the Act are to encourage:

(i)  the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(ii)  the promotion and co-ordination of the orderly and economic use and development of land,

Byron Local Environmental Plan 1988 sets out development standards to co-ordinate the orderly and economic development of land. The fact that the proposal deviates from the requirements of this plan is contrary to this object. Although the aims of SEPP 1 are to provide flexibility in applying development standards, it is not satisfied in this case that the variation proposed is well founded.

·    Is compliance with the standard unreasonable or unnecessary in the circumstances of the case and is the development standard unreasonable or unnecessary.

The applicant provides the following comments in this regard:

   

A review of the approved plans for the existing development on the site shows that the building to be demolished has a height of 8.8 metres which is consistent with the 9.0 metre maximum. As stated, this building is to be demolished and a completely new building erected in its place. With a vacant site to work from, it is not possible to form an argument that it is unreasonable and unnecessary to design a building that meets the overall 9.0 metre height requirement. This aspect of the SEPP No. 1 Objection is not supported.

Documentation accompanying the amended plans submitted by the Applicant argued that an existing approval on the adjoining property to the east (45-47 Lawson Street) provides a level of justification for the variations proposed within the amended design. Council’s Development Application file for this site shows that in April 2001, consent was granted to Development Application No. 10.2000.460.1 for a new motel development at 45-47 Lawson Street. The approved motel met Council’s height requirements at the time, which prescribed a maximum 7.5 metres when measured from ground level to the top plate of the building. The approved development contained three storeys and an overall height of 10.83m above ground level.

Council’s records indicate that Development Consent No. 10.2000.460.1 was lawfully commenced, but in December 2012 the owners of 45-47 Lawson Street submitted an amended design as part of a new Development Application for the site (Development Application No. 10.2012.407.1). This amended proposal included an objection under State Environmental Planning Policy No. 1 to the overall height of the development, with an overall height of 10.2 metres proposed. This proposal was supported by on the basis that the 2001 approval for Development Application No. 10.2000.460.1 allowed a greater height.

It is agreed that the 4.5 metre uppermost floor level requirement of Clause 40 can be varied using SEPP No. 1 on the basis that Byron Local Environmental Plan 2014 no longer includes an uppermost floor level development standard. It would be unreasonable and unnecessary to enforce this aspect of Clause 40 when the new Local Environmental Plan does not require it.

It is noted that in 2014, Council determined not to support a variation to the maximum 9.0 metre height requirement for a development proposal within Station Street, Bangalow. A subsequent appeal to the NSW Land and Environment Court was successfully defended on this determination.

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

Requirement

Proposed

Complies

(a)  an explanation of the design in terms of the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development,

 

Refer to issues section below.

Refer to issues section below.

(b)  drawings of the proposed development in the context of surrounding development, including the streetscape,

 

Drawings were submitted with the Development Application partly showing the streetscape.

Yes

(c)  development compliance with building heights, building height planes, setbacks and building envelope controls (if applicable) marked on plans, sections and elevations,

 

The drawings submitted do not accurately detail the maximum 9.0 metre overall height and maximum 4.5 metre uppermost floor level requirements.

No

(d)  drawings of the proposed landscape area, including species selected and materials to be used, presented in the context of the proposed building or buildings, and the surrounding development and its context,

 

The landscaping plans submitted are indicative only.

No

(e)  if the proposed development is within an area in which the built form is changing, statements of the existing and likely future contexts,

 

Comments have been provided in this regard, particularly addressing the new construction on the adjoining allotment to the east.

Yes

(f)  photomontages of the proposed development in the context of surrounding development,

 

Photomontages were proposed as part of the Development Application.

No

(g)  a sample board of the proposed materials and colours of the facade,

 

Sample board of the proposed materials and colours was not provided with the development application.

No

(h)  detailed sections of proposed facades,

 

Sections were submitted as part of the plan set.

Yes

(i)  if appropriate, a model that includes the context.

 

A model was not warranted in this case.

Yes

Design Quality Principles

In determining a development application for consent to carry out residential flat development, a consent authority is to take into consideration the design quality of the residential flat development when evaluated in accordance with the design quality principle.

Comment

Principle 1: Context

Good design responds and contributes to its context. Context can be defined as the key natural and built features of an area.

Responding to context involves identifying the desirable elements of a location’s current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity of the area.

Although limited details of materials and colours were provided, the proposal appears to use elements similar to those used on the approved development on the adjoining site to the east (which is under construction).

Principle 2: Scale

Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings.

Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.

The proposal exceeds the maximum height requirements of both Byron LEP 1988 and Byron LEP 2014. Further, the proposal exceeds the building height plane requirements of DCP 2010 and DCP 2014. As these document prescribe the desired future character of the area, the bulk and scale of the proposed development is not appropriate.

Principle 3: Built form

Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements.

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

As above.

Principle 4: Density

Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents).

Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are consistent with the stated desired future density. Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality.

As above.

Principle 5: Resource, energy and water efficiency

Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction.

Sustainability is integral to the design process. Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

The original Development Application included a BASIX Certificate (for 9 units). An amended Certificate was not submitted for the revised proposal (for 7 units).

Principle 6: Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain.

Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways. It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character.

Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbours’ amenity, and provide for practical establishment and long term management.

The proposal includes an indicative landscaping plan that is well short of Council’s required landscaping for the site.

Principle 7: Amenity

Good design provides amenity through the physical, spatial and environmental quality of a development.

Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.

The proposal includes lift access and a variety of unit layouts. Private open space and balcony areas have also been incorporated into the design.

Principle 8: Safety and security

Good design optimises safety and security, both internal to the development and for the public domain.

This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces.

The proposal has well defined public and private spaces. The proposed balconies face north over the public reserve.

Principle 9: Social dimensions and housing affordability

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities.

New developments should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.

New developments should address housing affordability by optimising the provision of economic housing choices and providing a mix of housing types to cater for different budgets and housing needs.

The application states that the proposal increases affordable housing options within Byron Bay. This statement is not supported in the context of this proposal. The development is clearly a high-end residential proposal.

Principle 10: Aesthetics

Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area.

Although limited details of materials and colours were provided, the proposal appears to use elements similar to those used on the approved development on the adjoining site to the east (which is under construction).

 

3.2.    BYRON LOCAL ENVIRONMENTAL PLAN 1988

Zone: 7(f2) Urban Coastal Land Zone

Definition: Residential Flat Building

LEP Requirement

Summary of Requirement

Proposed

Complies

Clause 9 - Meets objectives of 7(f2) Urban Coastal Land Zone

(a) to identify urban land likely to be influenced by coastal processes,

(b) to permit urban development within the zone subject to the council having due consideration to the intensity of that development and the likelihood of such development being adversely affected by, or adversely affecting, coastal processes,

(c) to permit urban development within the zone subject to the council having due consideration to:

(i)   the need to relocate buildings in the long term,

(ii)  the need for development consent to be limited to a particular period,

(iii)  the form, bulk, intensity and nature of the development, and

(iv) continued safe public access to the site, and

(d) to allow detailed provisions to be made, by means of a development control plan, to set aside specific areas within the zone for different land uses and intensities of development.

The subject site has been identified as being influenced by coastal processes as it is located within Coastal Erosion Precinct No. 2.

An assessment of the proposal found that the site is over 90 metres from the February 2010 erosion escarpment.

The proposal can be supported having regards to the objectives (a) and (b) of the zone subject to conditions that limit the time period of the consent should a large erosion event or a series of events occur in the future.

In relation to Objective (c), the proposal does not raise any public access issues, and time periods could be applied to the consent if approved. However, the form, bulk and intensity of the proposed development has been assessed as excessive for the 711 square metre site. The proposal is inconsistent with a number of planning controls and is not supported in its current form.

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No

Clause 9 - Permissible use

Residential flat building means a building which contains 3 or more dwellings.

A ‘residential flat building’ is a land use that is permissible with consent within the 7(f2) Zone. The proposal includes 7 dwellings within a 711 square metre allotment. The proposed density is discussed within the section of this report addressing DCP 2010 below.

Yes

Clause 40 - Height of buildings

 

Overall height of development must not exceed 9.0m above existing ground level and the maximum height of the upper floor must not exceed 4.5m above existing ground level.

Height 10.2 metres

Upper Floor Level 5.8 metres

No*

Clause 45 - Provision of Services

Prior adequate arrangements must be made for the provision of services to the allotment.

The allotment has access to Council’s water and sewer services. Stormwater disposal is proposed to existing infrastructure.

Yes

Clause 52 – Tree Preservation

In conjunction with Cluse 2, minimise the removal of vegetation.

The proposal includes the removal of all vegetation from the site to accommodate the proposed development. No issues are raised with the proposed removal as it relates to common landscape species only.

Yes

*Issues discussed below

 

BYRON LOCAL ENVIRONMENTAL PLAN 1988 - Issues

Clause 40 – Height of Buildings

The proposed residential flat building exceeds the two prescriptive requirements of Clause 40, that is the 4.5 metre upper most floor level and the 9.0 metre overall height requirement. The uppermost floor of the proposed development has a height of 5.8 metres above the existing ground level. The overall height is 10.2 metres above ground level at the highest point of the building.

The Development Application includes an objection under State Environmental Planning Policy No. 1 to the development standards set out within Clause 40. This is discussed under Section 3.1 of this report above.

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

Draft Byron Local Environmental Plan 2012 commenced public exhibition on 24 September 2012 and subsequently became effective on 21 July 2014.

Land use zone (Cl. 2.3) – Byron Local Environmental Plan 2014 lists the subject property within the R3 Medium Density Residential Zone, a zone in which multi dwelling housing and residential flat buildings remain a permissible form of development.

Minimum lot size for residential flat buildings (Cl. 4.1E) – this Clause of Byron Local Environmental Plan 2014 requires a minimum allotment size of 800 square metres for residential flat buildings within the R3 Medium Density Residential Zone. The subject site has an area of only 711 square metres. The proposal is inconsistent with the provisions of Clause 4.1E, but benefits from an existing residential flat building on the property.

Maximum floor space ratio (Cl. 4.4) – the maximum floor space ratio map within Byron Local Environmental Plan 2014 provides a 0.8:1 maximum for the subject site. With a site area of 711 square metres and a gross floor area of 776 square metres, the proposal has a floor space ratio of 1.09:1 (which is 207.2 square metres greater than that permitted under Byron Local Environmental Plan 2014, this is almost equivalent to the total floor area of Proposed Unit 7 as shown in the DCP table below). The proposed floor area is excessive for the site having regards to the 2014 Local Environmental Plan.

Maximum height of buildings (Cl. 4.3) – the maximum height of buildings map within Byron Local Environmental Plan 2014 provides a 9.0 metre limit within the subject site which is consistent with Byron Local Environmental Plan 1988. The applicant seeks to vary this requirement using a SEPP No. 1 objection. As discussed earlier in this report, the objection is not supported. The fact that the 2014 Local Environmental Plan reinforces the 9.0 metre maximum height requirement provides further justification not to support a variation.

3.3     DEVELOPMENT CONTROL PLANS

 

Development Control Plan 2010

 

Development Control Requirement

Proposed

Required

Compliance

Site Area (Sec. C3.5 DCP 2010)

710.994 m2

1900m2

No

Frontage (Sec. C3.5 DCP 2010)

21.3 m

20m

Yes

Height (Cl. 40 BLEP 1988)

Overall height

10.2 m

9m

No

Uppermost floor

5.3 m

4.5m

No

Maximum cut / fill (Sec. C2.7 DCP 2010)

1.4 m fill

1.0 m (max)

No

3.6m cut

1.0 m

No

Gross   Floor     Area

Unit 1

94.0m2

-

N/A

Unit 2

54.9m2

-

N/A

Unit 3

95.3m2

-

N/A

Unit 4

121.0m2

-

N/A

Unit 5

54.9m2

-

N/A

Unit 6

141.4m2

-

N/A

Unit 7

214.5m2

-

N/A

Total

776 m2

-

N/A

Density Control (Sec. C7.1 (DCP 2010)

Unit Size

 

Small (<55m2 floor plan area)

2 units

200m2 / unit

-

Medium (55-85m2 floor plan area)

0 units

250m2 / unit

-

Large (>85m2 floor plan area)

5 units

300m2 / unit

-

Total

7 units on 711m2

Required Site Area: 1900m2

No

Setbacks

(Sec. 2.6 DCP 2002 & Sec 2.13 DCP 14)

Front (building)

6.5m

6.5m

Yes

Front (pool)

1.2m

6.5m

No

Rear (building)

>5.0m

0.9m

Yes

Rear (pool)

0.0m

0.0m

Yes

Side (east)

1.5m

0.9m

Yes

Side (west)

1.5m

0.9m

Yes

Building Height Plane

(Sec. 2.5 DCP 2010)

Front

Above BHP

Below BHP

No*

Rear

Above BHP

Below BHP

No*

Side (east)

Above BHP

Below BHP

No*

Side (west)

Above BHP

Below BHP

No*

On Site Car Parking (Table G2.1 DCP 2010) – Residential Flat Building

Unit Size

(One (1) space per unit must be covered)

< 55m2 floor area @ 1 / unit

2 spaces

2 spaces

Yes

55-85m2 floor area @ 1.5 / unit

0 spaces

0 spaces

N/A

> 85m2 floor area @ 2 / unit

10 spaces

10 spaces

Yes

Visitor Parking @ 1 / 4 units

4 spaces

2 spaces

Yes

Common Landscaped Area (Sec. C7.5 DCP 2010)

Treatment

Minimum 75% absorbent finish

 

 

No

Unit Size

<55m2 floor plan area

2 units

50m2 per unit

No

55-85m2 floor plan area

0 units

70m2 per unit

N/A

>85m2 floor plan area

5 units

90m2 per unit

No

Private Open Space – Courtyards (Sec. C7.2 DCP 2010)

Minimum Area at Natural Ground Level

Unit 1

>30m2

30m2

Yes

Unit 2

>30m2

30m2

Yes

Unit 3

>30m2

30m2

Yes

Unit 4

~

Balcony

See below

Unit 5

~

Balcony

See below

 

Unit 6

~

Balcony

See below

 

Unit 7

~

Balcony

See below

Minimum Dimensions

Unit 1

4m x 4m

4m x 4m

Yes

Unit 2

4m x 4m

4m x 4m

Yes

Unit 3

4m x 4m

4m x 4m

Yes

Unit 4

~

~

N/A

Unit 5

~

~

N/A

 

Unit 6

~

~

N/A

 

Unit 7

~

~

N/A

Private Open Space – Balconies (Sec. C7.3 DCP 2010)

Private Open Space Balconies

Unit 1

 

0m2

Yes

Unit 2

 

0m2

Yes

Unit 3

 

0m2

Yes

Unit 4

13.6m2

15m2

No

Unit 5

17.1m2

15m2

Yes

Unit 6

13.6m2

15m2

No

Unit 7

166.8m2

15m2

Yes

Sound Proofing (Sec. C7.6 DCP 2010)

Noise Sources Sited Away from Adjoining Properties

Yes

Sound Resisting Division Walls and Floors

Yes

Clothes Drying Facilities – Suitably Screened (Sec. C7.7 DCP 2010)

Rate

7.5m line per dwelling

No

Area

Minimum 6m2 (or sufficient area to accommodate)

No

Garbage (Sec. C7.8 DCP 2010)

Bins

Min. 1 x 240L per unit

Yes

(basement)

Equity of Access & Mobility (Sec. C7.9 DCP 2010)

1 adaptable dwelling per 10 dwellings in accordance with AS4299

N/A

Continuous Path of Travel in accordance with AS1428.2

N/A

1 parking space in accordance with AS2890 Part 1 per adaptable dwelling

N/A

1 visitor parking space in accordance with AS2890 Part 1 per 100 spaces

N/A

Pipes and Vents (Sec. C7.10 DCP 2010)

Concealed Within Walls

Yes

Access Provided

Yes

TV Antennas (Sec. C7.11 DCP 2010)

Common Antenna or Dish System

N/A

Fence Heights (Sec. C3.6 DCP 2010)

Front Fence

2.6m

1.2m

No

Side Fence (within front building setback line)

2.6m

1.2m

No

Side Fence (behind building setback)

2.1m

1.8m

No

Rear Fence

1.8m

1.8m

Yes

*Non-complying issues discussed below

 

Development Control Plan 2010 - Issues

Chapter 1 Part C - Residential Development

Part C2.5 - Building Height Plane

The proposed building encroaches on the building height plane on all four property boundaries.  The Applicant has sought a variation to the DCP requirement for these encroachments.

Southern and Northern Boundaries

An inspection of the site confirmed that the adjoining land to the south comprises a public road reserve (Lawson Street) and that the land to the north is a public reserve. The image below demonstrates that the building height plane encroachments on these boundaries are minor. The impacts on the adjoining lands to the north and south is likely to be minimal. A variation to the building height plane requirements on these boundaries could be supported if the application is approved.

Figure 1 – Proposed development showing building height plane encroachments on northern and southern boundaries

 

Eastern and Western Boundaries

The proposed development includes significant breaches on the building height plane on the eastern and western boundaries of the allotment. Figure 1 below shows the extent of the proposed encroachments in red. Figure 2 shows the existing building that is to be demolished, also showing building height plane encroachments.

Figure 2 – Proposed development showing building height plane encroachments one eastern and western boundaries

 

        

Figure 3 – Existing development showing building height plane encroachments on eastern and western boundaries

It is clear from the figures above that the proposed development will result in a substantial increase in building height plane encroachments. The proposed building is setback 1.5 metres to both the eastern and western boundaries of the allotment, which is significantly less than the minimum 4.3 metre side boundary setbacks of the existing building. It is noted also that the proposed building extends for over 24 metres along the 33 metre length of the property. The building located on the adjoining allotment to the west has a setback of approximately 3.5 metres from the common boundary to the site. A recent approval for a development on the adjoining allotment to the east allowed a building setback of 1.65 metres.

The objectives of Part C2.5 of DCP 2010 relate to the protection of privacy, solar access and the views of adjacent properties. In the case of the proposed development, additional privacy and overshadowing impacts will arise as a result of the building height plane encroachments. It is noted that the design includes extensive covered deck areas on the uppermost floor with a balustrade height of 1 metre allowing overlooking into the adjoining properties. In particular, the design allows overlooking into the private open space of units on the adjacent property to the west. Further, the proposal will overshadow these private open space areas in morning periods. A public submission was received in relation to the Development Application raising the issues of privacy and overshadowing as reasons for objecting to the proposal.

In correspondence dated 26 August 2014, the applicant was requested to provide an amended building design to reduce the extent of building height plane encroachments and achieve greater compliance with the objectives of the development control. However, the applicant elected not to make any modification to the overall bulk and scale of the development, providing Council with the following response:

A review of the plans that were approved on the adjoining allotment to the east (45 Lawson Street) indicates that a three storey building with a setback of 1.65 metres to the common boundary is to be constructed. It is agreed that this adjoining development will result in overshadowing and privacy impacts on the subject development site. However the development proposed as part of the subject Development Application has slightly smaller setbacks (1.5 metres) to the eastern and western boundaries, with significant overshadowing and privacy impacts likely to occur on the adjacent property to the west.

An assessment of the proposal having regards to the objectives of Part C2.5 of Development Control Plan indicates that the current design cannot be supported.

Parts C7.1, C7.2, C7.3 & C7.5 – Density of Development

In August 2014 the Applicant was requested to provide an amended design that scales back the proposal to align with the existing dwelling density, as well as providing landscaping and open space in accordance with the requirements of the development control plan. The applicant responded by consolidating some of the proposed units, thereby reducing the number of units on site from 9 to 7. The Applicant argued the following (in part):

Whilst it is acknowledged that this application seeks a greater variation then the development approval next door, the end result will be a development which is more affordable and will provide a greater variation of housing supply for the surrounding area. Affordability is an issue that Byron Shire Council has been struggling to deal with for an extended period of time, the only way to address this issue in central Byron is to provide smaller more affordable dwellings.

The comments provided by the applicant above hold no weight in this assessment as in no way can it be argued that the amended proposal to provide seven beach side units near the centre of Byron Bay with gross floor areas (excluding balconies) of between 54.9m2 and 214.5m2 fall within the ‘affordable housing’ category. This response does not justify the variation proposed to the maximum density on the site. Note that Clause 17 of Byron Local Environmental Plan 1988 requires a minimum 800 square metre site for two dwellings in a dual occupancy arrangement. The proposal comprises seven dwellings on a 711 square metre site. The fact that an existing approval for six units exists is the only valid argument for a variation to density on the property. However, such should be designed with regards to adequate building height plane, setbacks, landscaping and open space provision.

Part C7.7 – Clothes Drying Facilities

No provision of drying areas (noting laundry facilities are provided, and swimming pools) for occupants. This is unsatisfactory for a development of this nature.

Chapter 1 Part G – Vehicle Circulation and Parking

External Access

The existing driveway is to be removed. A new driveway is proposed adjacent to the site’s “eastern” boundary. The proposed arrangements are satisfactory and the consent can be conditioned accordingly if approval is granted.

Safety sight lines are required to be complied with at the at the front property boundary line, in accordance with the current Australian Standards AS 2890. 1 – 2004. Again, the consent can be conditioned accordingly to require this compliance.

Internal Access

There are limited design details of the access ramp/driveway to the basement car park submitted with the DA. It appears that the access can be designed to complying standards. If approval is granted, the consent can be conditioned accordingly to ensure this requirements is met.

Car Parking

The application proposes 16 car spaces, inclusive of 2 visitor car spaces. This appears to be generally derived from Council’s former DCP 2010.

In accordance with Council’s newly adopted DCP 2014, a total of 14 car spaces are required, inclusive of 3 visitor car spaces.

The parking requirements are based on the following rates:

·    1 space per 1 or 2 bedroom unit.

·    2 spaces per 3 or more bedroom unit.

·    1 visitor space per 4 units.

Design plans are the demonstrate compliance with the current Australian Standards AS 2890.1 – 2004, and DCP 2014, in respect to the following items, but not limited to, as follows:

·    Vertical and horizontal dimensions/clearances

·    Driveway gradients

·    Safety sight lines/triangle at the driveway front boundary interface

·    One disabled parking bay and vertical clearances required

Traffic/Roadworks

This redevelopment of the site, retaining residential units, should have no measurable effect on the traffic load or level of service on the surrounding road network.

Part N - Stormwater Management

On site detention stormwater management will be required for the new complex. The exposed driveway ramp will require a stormwater management design inclusive of a pump out system for the basement car park. The design is to also be in accordance with DCP 2014.

Part J - Coastal Erosion

The site is within Precinct 2, and the consent can be conditioned accordingly.

Geotechnical Hazards

No apparent geotechnical constraints

Other Matters

The adjacent Apex Park (Public Reserve) must not be used for site access nor storage of materials. The consent can be conditioned accordingly.

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

The subject site and immediate surrounds were inspected multiple times during the assessment of the Development Application. These inspections identified private open space and clothes drying areas on the adjoining property to the west of the site (No. 39-41 Lawson Street). A site assessment found that the proposal will impact adversely on these areas. The proposed building is to be constructed with a maximum height of 10.2 metres and with minimum boundary setbacks of 1.5 metres (excluding window screens which extend further into the side setbacks). An assessment indicates that the proposal will overlook and overshadow the private open space areas within the adjacent property, resulting in adverse impacts on the occupants. Preliminary shadow diagrams were submitted by the Applicant as part of amended proposal, however such did not resolve overshadowing impacts on the adjoining property.

Site Waste Management: If approved, a condition could be imposed requiring a site waste minimisation plan to be submitted. In this regard, the proponent must establish an extracted solid waste management plan which identifies the volumes, classification and ultimate destination of all solid waste materials created by the proposed demolition works, and basement excavation.

Garbage: A condition could also be imposed to ensure that adequate provision is made for containment, storage and management of all waste generated by the development. The proposal indicates a ‘garbage room’ in the basement car park. Adequate “garbage” capacity needs to be provided for the proposed units, as well as a location with sufficient ventilation and capacity to clean-up spilt putrescibles wastes and dirty bins.

Bush Fire: Council’s GIS indicates that the subject site is within a buffer area to bush fire hazards. The Development Application did not include any details to address this constraint. If the application was to be granted consent, further assessment would be required with respect to bushfire protection.

3.5     The suitability of the site for the development

The subject site is an existing urban allotment within the 7(f2) Urban Coastal Land Zone under Byron Local Environmental Plan 1988. It has access to water, sewer, drainage, electricity and communication services. The site is largely clear of vegetation other than common landscape species. The land does not contain steep slopes and is not prone to flooding. Access is available from Lawson Street to the south. The site is within a buffer area to bush fire hazards, but threats could be managed by implementing bush fire protection measures into the development.

The site contains a residential flat building comprising 6 units over three stories, with an attached vehicle garage at ground level. The existing development has generous building setbacks and is satisfactorily accommodated within the site in the context of the historic approval that it was constructed under. However, the proposed development introduces a significant increase in bulk and scale to the site. An assessment has found that the property is of insufficient area to accommodate the development as proposed. The proposal breaches building setback and height controls.

Despite a number of positive attributes, the site is not deemed to be suitable for the development proposed. The development will adversely impact on adjoining properties due to its limited dimensions. The proposed 7 unit residential flat building cannot be accommodated within the site without significant breaches of Council’s development control requirements.

3.6     Submissions made in accordance with this Act or the regulations

Two submissions were received in respect of the proposed development. A summary of the issues raised within the submissions with a comment in relation to each is provided below:

Issue

Comment

Excessive Density

Council’s assessment concludes that the proposed density is excessive for the site.

Excessive height

The proposed objection under SEPP No. 1 to the height of the development is not supported.

Overshadowing on adjoining development

An assessment confirmed that significant adverse impacts are likely to result from the proposed development with respect to overshadowing on adjoining properties. The proposal is not supported on these grounds.

Insufficient setbacks

It is agreed that the proposed 1.5 metre setback for a 3 storey development is insufficient given the overshadowing and loss of privacy impacts that will result.

Insufficient landscape area

The lack of landscaping and deep soil planting areas on the site is a result of the excess bulk and scale of the proposed development. The proposal is not supported on these grounds.

Boundary to boundary basement car park and lack of deep soil planting areas

As above.

Privacy impacts

An assessment of the proposal confirmed that unacceptable privacy impacts will result from the three storey development, particularly on the adjoining allotment to the west. The application is not supported on these grounds.

Number of units exceeds Council’s maximum

The site has been assessed as being of insufficient area to accommodate 7 units. DCP 2010 provides for a maximum of 3 small units on the site based on 1 unit for every 200m2 (note that a ‘small’ unit is less than 55m2 in area). The site benefits by an existing building containing 6 units. It is reasonable to allow the 6 existing units to be replaced with a new building containing 6 units, subject to bulk and scale provisions being met. This has not occurred in this case and the proposal for 7 new units is not supported.

3.7     Public interest

The proposal does not meet the maximum 9.0 metre height requirement set out within Byron Local Environmental Plan 1988 and a number of Development Control Plan requirements relating to building design. It is not in the public interest to support the development application given its substantial breaches of development control requirements and objections from the public.

4.       DEVELOPER CONTRIBUTIONS

 

4.1     Water & Sewer Levies

Water & Sewer Levies would be applicable if the Development Application was granted consent.

4.2     Section 94 Contributions

Section 94 contributions would be applicable if the Development Application was granted consent.

4.       CONCLUSION

Development consent is sought to demolish the existing residential flat development on the site and construct a new residential flat building made up of a basement level (containing 16 car parking spaces) and three levels above ground.

The design includes three separate dwelling units on both the ground level and first level, and a single dwelling unit on the second level. Terrace and balcony areas are proposed on the northern side of the building providing solar access for each individual unit. Four swimming pools are proposed at ground level and a lap pool and spa are proposed on the second floor. Additional balcony areas are also proposed on the second floor facing east and west.

An assessment of the proposal identified a number of non compliances with Council’s development control requirements. These include breaches of the maximum height requirements of Byron Local Environmental Plan and multiple breaches of Development Control Plan 2010. Despite requests by Council, issues relating to building setbacks, building height plane, overshadowing, privacy, lack of landscaping, bulk and scale were unable to be resolved by the applicant during the assessment of the application.

Two public submissions were received with respect to the proposal raising objections to the development. Such were found to have valid planning reasons for their objections. An assessment of the site found that it is not suitable for the bulk and scale of the development proposed. The proposal is likely to result in significant adverse impacts on the built environment (overshadowing and privacy impacts). It is not in the public interest to support the proposal in this context.

Given that over 7 months have passed since the Development Application was first submitted to Council, and the efforts made to resolve planning issues with the Applicant, it is concluded from an assessment of the proposal that consent should be refused in this instance.

5.       RECOMMENDATION

It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2012.474.1 for demolition of existing residential flat building and construction of new residential flat building and associated works, be refused for the following reasons:

1.  Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to meet the development standard for maximum height of buildings as set out within Clause 40 of Byron Local Environmental Plan 1988. An objection under State Environmental Planning Policy No. 1 to vary this development standard is not supported.

2.  Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning & Assessment Act 1979, the proposal breaches a number of requirements within Development Control Plan 2010 including the maximum building height plane, maximum density provisions, minimum landscaping requirements, provision of clothes drying areas, maximum cut and fill and maximum fence heights.

3.  Pursuant to Section 79C(1)(b) of the Environmental Planning & Assessment Act 1979, the proposal is likely to have a significant impact on the surrounding built environment and the occupants of that environment.

4.  Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to demonstrate that the development has sufficient design quality having regards to the principles and code requirements of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development.

5.  Pursuant to Section 79C(1)(a)(ii) of the Environmental Planning & Assessment Act 1979, the proposal is inconsistent with the future planning direction for the site as set out within Clauses 4.1E, 4.3 and 4.4 Byron Local Environmental Plan 2014, which is an instrument that has been the subject of public consultation under the Environmental Planning and Assessment Act 1979.

6.  Pursuant to Section 79C(1)(e) of the Environmental Planning & Assessment Act 1979, the it is not in the public interest to support the proposal as it breaches a number of development control requirements and has an adverse impact on the surrounding built environment.

7.  Pursuant to Section 79C(1)(c) of the Environmental Planning & Assessment Act 1979, the site is assessed as being unsuitable for the development proposed.

8.  Pursuant to Section 79C(1)(d) of the Environmental Planning & Assessment Act 1979, consideration of public submissions received with respect of the proposal raise valid planning reasons to refuse the Development Application.

9.  Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to demonstrate that the site is suitable for use having regards to the assessment requirements of State Environmental Planning Policy No. 55 – Remediation of Land.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.3 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.3 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.3 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.4

 

 

Report No. 13.4           Bay Lane Activation  - Action Items

Directorate:                 General Manager

Report Author:           Marisa Snow, Projects and Tourism Officer

File No:                        I2015/29

Theme:                         Economy

                                      Economic Development

 

 

Summary:  This report provides information on action items from Bay Lane Activation as requested from Council Resolution (14-652). The Resolution is being addressed in two parts; 1) this report finalises the Bay Lane reconciled budget and the Laneway Activation Kit, 2) a further report on the 9th April will address future laneway closures and bollard infrastructure recommendations to allow for inter-departmental consultations to be finalised.

 

 

  

 

RECOMMENDATION:        

1.       That Council note the reconciled budget for the Bay Lane pilot activation 

 

2.       That Council note the development of the attached Laneway Activation Event Kit for third party use

 

 

Attachments:

 

1        Laneway Activation Kit _Third Parties, E2015/2331 , page 92  

 

 


 

14-652 Resolution:

 

1.         That Council note the overview of Bay Lane Activation and feedback from stakeholderspresented in this report.

 

2.         That Councillors receive an update clarifying the costs, revenues and budget outcomes of the project.

 

3.         That Council receive a report that:

 

a)      explores the cost of basic infrastructure that would contribute to pedestrian safety and enable future laneway activations e.g. removable bollards.

b)    explores the development of an Event Management Package that could be presented to third parties to produce future laneway activations 

Report

 

Bay Lane Pilot Activation - Budget Reconciliation

 

The original working budget for the Bay Lane Activation project was set at $18,500 with a projected partnership contribution of $5,000 included in this total (cash budget of $13,500).  As is the nature of a trial, lessons are learnt through the process and whilst over $25,000 was attracted in in-kind support from suppliers/contractors to deliver the event to such a high standard, unexpected costs associated with site risk management, additional toilets and traffic management staffing were under estimated and resulted in a budget shortfall $3,198. The final reconciled cost to deliver the trial project is totalled at $16,698 (with shortfall funds secured from footpath dining reserves in the December review).

 

Bay Lane  Budget – Actual                                                       

ITEM

 AMOUNT 

Traffic Management

Traffic  Personnel (JHA & BSC staff) for road closures

$        1,494.00

 Road closure advertisement

$             73.02

 

$        1,567.02

Waste Management

 

Summerland Supply of bins and collection

$           740.00

Production Infrastructure and Personnel

 

3 tonne Truck Hire

$           300.00

Security - 2 x pax 12 hours

$           800.00

Porta-loo Hire -Summerland Environmental

$           858.00

 

$        1,958.00

North Coast Events Production Supplied:

 8 x professional crew for install and de-install 

lighting design

infrastructure provision and install

staging equipment

projector hire x 4

sound engineer

PA provision

public liability

 

AV screens x 4

Silent disco headsets and operation

$        5,500.00

 

Staffing costs and supply misc. reimbursements

$           678.21

Artist Fees and Materials

Inscribe youth arts - Mural

$           150.00

Mural Artist - Howie Cooke (inc reimbursements)

$           447.95

Rene Bolton - Chalk drawing initiator  (inc reimbursements)

$           663.18

AV illustration and projection - Kellie O’Dempsey

$        1,500.00

Creative Cave kids workshops

$        300.00

Bollywood sisters flash mob

$           200.00

Cassettes flash mob

$           200.00

Mick Dick trio dub three piece (inc PA hire)

$           550.00

Kellieo Collective mural painters

$           170.00

Materials for Art Installation

$           200.00

Production Crew - Install / De-install sculpture

$           700.00

 

$        5,081.13

Marketing

Design - Poster, Eflyer, Social media banners

$           710.00

Poster Printing

$           113.64

 

$           823.64

Documentation

Turtle Films Photography and video supply

$           350.00

TOTAL

$      16,698.00

 

Laneway Activation Kit for Third Parties

 

The Laneway Activation Kit has been developed to provide a guide for Event Managers or third parties interested in producing a laneway event. It provides a detailed blueprint for the following areas:

·    Council Liaison and Approvals

·    Stakeholder Consultation

·    WH&S Processes

·    Road Closures (to be updated if the Bollard System approved)

·    Infrastructure and services 

·    Budgeting

·    Waste management

This laneway activation kit will also be provided as an annexure to the Event Toolkit currently being developed by the Economic Development & Tourism team.

Please see attachment 1 for Laneway Activation Kit

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.4 - Attachment 1

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LANEWAY ACTIVATION

An event starter kit for site specific events

DRAFT


LANEWAY ACTIVATION

 

INTRODUCTION

Byron Shire Council is passionate about creating vibrant, safe and engaged public spaces that showcase the regions’ creativity, take people away from the ordinary and excite their imaginations. Laneways are portals to intriguing spaces, architecture and micro-cultures. Byron Shire Council would like to encourage third parties to approach Council to create future activations or events in laneways, or other outdoor urban spaces in the Byron Shire. This kit aims to set out a blueprint for individuals or groups to assess the feasibility and requirements needed to undertake the production of site specific events.

 

cOUNCIL APPROVAL AND LIASION

Byron Shire Council Contact: Claire McGarry – Events and Grant Support Officer 02 6626 7312.

 

We suggest the ‘first step’ is to approach Council’s Events and Grant Support Officer to discuss the parameters associated with producing an event in the specified laneway.  This will also be an opportunity to discuss on the following event starting points:

Ø Who owns or manages the land? (eg; Council, Crown Land, or private stakeholder - and what permissions/licences may be required).

Ø Do you need a Development Application (DA) and if so what is the process for this?

Ø What stakeholder consultation is required ie with tenants and shop owners

Ø What are the requirements for a Traffic Control Plan and Road closures

Ø Expectations relating to infrastructure and sustainability management – eg waste, power, etc

Ø Certification  and compliance processes

Once it has been established what approvals your event will need, we can guide you through the process and ensure best practice event management is achieved.

 

TOP TIP

Be prepared – create a site map and identify key event areas and placement of infrastructure

 

The more information you have documented on your event prior to contacting/meeting with Council the more streamlined and informative the outcomes will be.  Questions are great – but tell us what you do know and what you are looking to achieve.

 

 

 

 

STAKEHOLDER CONSULTATION

When conducting a public event it is essential to consult with all stakeholders that the event will affect. For example laneways may have shop fronts or residential and commercial tenants that will not be able to access their business or home during the event. We advise a minimum of three stakeholder meetings to cover topics as suggested below:

Meeting 1:

Ø Initial consultation to introduce event concept and gain written approval from stakeholders to commence, discuss DA implications (if relevant)

Meeting 2:

Ø Discuss Event Logistics: operating times, road closure implications, programming concepts, sound implications, waste management plan, Traffic Control Plan

Meeting 3:

Ø Confirm all logistics, confirm running order of programming, issue alternate parking passes (if relevant)

TRAFFIC MANAGEMENT & road/LANEWAY closure

If your event requires closure of any road or laneway to traffic, or partial closure for installation of works then you will need to allow a minimum of 2 months to liaise with Council on the approval processes needed to implement a Traffic Control Plan (see attached example TCP). Road closures are required to be advertised 30 days prior to the event. Council’s Event and Grant Support Officer will connect you with the appropriate Council contacts and assist you through this process.

 

WHS & RISK MANAGEMENT 

A thorough Risk Assessment and Work Heath and Safety (WHS) assessment will need to be undertaken by a qualified professional.  This assessment will need to cover the following areas (guide only):

Ø A safe working environment is provided and all appropriate safety measures have been taken for any staff or contractors

Ø Any risks have been identified and mitigated – demonstrated in a written Risk Assessment (Template provided)

Ø Any contractors or artists hold their own Public Liability insurance 

Ø Any electrical equipment is tagged and tested by a certified electrician

 

 

 

 

 

 

 

Infrastructure and services 

Outdoor events require a lot of services and infrastructure to be supplied from third parties - this requires thorough planning and budgeting and is one area that is most commonly overlooked for small events.

 

Common services and infrastructure to be considered are:

 

Ø Portable Toilets

It is essential that there are sufficient toilet facilities at your event for the number of expected attendees. There is no uniform Australian standard for the number of toilets. However, as a guide, the Safe and Healthy Mass Gatherings Australian Emergency Manual suggests the following number of facilities for outdoor events where alcohol is not available:

Toilet facilities for events where alcohol is not available

 

Males

Females

Patrons

WC

Urinals

Hand basins

WC

Hand basins

<500

1

2

2

6

2

<1000

2

4

4

9

4

<2000

4

8

6

12

6

<3000

6

15

10

18

10

<5000

8

25

17

30

17

*This table is reproduced with the kind permission of Australian Emergency Management, Attorney General’s Department.

Where alcohol will be available, the number of facilities needs to be substantially higher. Other factors that should be considered when determining the toilet facilities required include the duration of the event, the crowd demographic, and crowd peaks during the event. At least one toilet should be accessible for people with disabilities.

 

 

If there are not enough permanent toilet facilities at the site you may need to provide portable toilets. You should talk to a reputable supplier about the number and placement of toilets, and arrangements for cleaning and emptying during the course of the event, as required. A visit by a supplier to the site before the event would help them to advise you.

You should also consider providing:

Ø sanitary bins baby change rooms

Ø separate facilities for catering staff

Ø sharps disposal facilities (these should be provided to minimise the safety hazard posed by abandoned needles and syringes. Drug use, while never to be condoned, is a risk that must be taken into account for certain types of events).

Note that approval from the landowner will be required in order to install portable toilet facilities on their land.

Source: NSW Premier and Cabinet Website - Protocol and Special events

 

Ø Waste Management

Even small events can generate large amounts of waste. You may be required to submit a “Waste management plan” as part of your application for event approval to Council.

Some aspects for consideration in regard to waste management before, during, and after your event are:

Ø emptying of receptacles—frequency, operational issues (e.g. will waste trucks be able to access necessary areas at your event)

Ø managing waste which has not been placed in receptacles

Ø recruiting volunteers to clean litter during and after the event, and providing them with the appropriate training and protective gear

Ø developing procedures for the secure storage of dangerous goods and hazardous substances

Ø establishing safe and secure procedures for the storage and disposal of clinical waste, including sharps containers for needles and syringes

Ø adopting recycling measures, including public messages and signage to encourage recycling

Ø conducting a post-event site clean-up, including of the zone just beyond the event perimeter.

Source: NSW Premier and Cabinet Website - Protocol and Special events

 

 

 

 

 

BUDGET

Budget will vary depending on the scale and type of event that is being held. Below are some suggested headings and estimated costs to be used as a guide only. (Costs based on a 1 day laneway event)

 

Byron Shire Council associated costs:

 

DA lodgement fee                            $200 - 600 depending on event

Traffic Control plan                          $300

Road Closure Advertisement            $70 (placed by Council)

Traffic Wardens:                     $35ph per person (will vary depending on times and days)

 

Waste Management – booked separately through Richmond Waste

 

Additional Bins                        $25 Recycling / $35 general waste per bin

Additional collections                       Event specific quote dependent on volume

 

Security                                   $70 ph approx

 

Marketing                              

Poster and e-flyer design                 $800 approx

 

Equipment Hire (estimation only)

20KVA Generator 1day hire           $200 + pick up and delivery

Standard Backline hire           $1000 - $3000 (event specific quote needed

1 x Drums, Bass Amp, microphones

 

Infrastructure

Staging, lighting, cabling, marquees         $5,000 - $15,000 (will vary depending on event design)

 

Standard PA Hire 1x stage:             $1000 - $5000 (event specific quote needed

Technical Crew Fees                         $30 ph

Sound Engineer                       $500 -$1000

Lighting operator                              $500 -$1000

Artist Fees                                Will be determined by programming for event

Event Insurance (Public Liability)       $2000 -$5000 approx (event specific quote needed)

 

Documentation:                       $1000 -$3000 approx (event specific quote needed)

Photography and video

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.5

 

 

Report No. 13.5           Establishment of the Sustainable Economic Development Management Advisory Committee

Directorate:                 Sustainable Environment and Economy

Report Author:           Joanne McMurtry, Community Policy Officer

File No:                        I2015/92

Theme:                         Economy

                                      Economic Development

 

 

Summary:

 

The purpose of this report is to request that Council establish a Sustainable Economic Development Management Advisory Committee (SEDMAC) by using the successful Tourism Advisory Committee model and broadening the scope to that of economic development and management. A draft Terms of Reference for the proposed Committee is attached.

 

 

  

 

RECOMMENDATION:

That Council:

1.       Establish a Sustainable Economic Development Management Advisory Committee and call for nominations for the industry, community and environment members.

 

2.       Adopt the draft Terms of Reference for the Sustainable Economic Development Management Advisory Committee as attached (E2015/11805).

a)    the objectives/purpose of the Committee

b)    Committee membership, and                                                                                        

c)    that meetings be held quarterly or as required.

 

3.       Write to the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) extending an invitation to provide one representative if desired to the Committee.

 

4.       Nominate two Councillors to the Sustainable Economic Development Management Advisory Committee, being _____________________ and _______________________.

 

 5.      Note that the following meeting dates have been tentatively set aside for proposed SEDAC meetings:

·    Thursday 2 April

·    Thursday 4 June

·    Thursday 3 September

·    Thursday 5 November

 

6.       Write to the current Tourism Advisory Committee members thanking them for their service to Council and the community and encouraging them to nominate for a position on the new SEDMAC Committee.

 

 

Attachments:

 

1        Draft Terms of Reference - Sustainable Economic Development Advisory Committee , E2015/11805 , page 104  

 

 


 

Report

 

In November 2013, Council broadened its staffing team to include an Economic Development & Tourism Coordinator.  With this appointment the scope of work and industry development now being undertaken reflects a more extensive Byron business base and the energy of the team has a sharper focus on employment generation and economic sustainability for the Shire’s towns and villages.

 

Additionally, during 2014, the Tourism Advisory Committee and Destination Byron board (previously named VIA Byron) were questioning the roles of each group and how best to work together. To this end, this was a discussion topic at the Tourism Advisory Committee meetings of 3 April, 11 June and 15 August and a tourism stakeholder workshop was held on 13 May at the Byron Community Centre.

The relevant resolutions arising from the TAC discussions are 14-218, 14-330 and 14-459 (copied below).

 

14-218 Resolved (in part):

 

2. That in relation to the future role and expectations of the Tourism Advisory Committee, Council note:

 

a) That the Tourism Advisory Committee support a meeting with VIA Byron held to consider the relationship between the two bodies, and

 

b) That a decision regarding the future role of the Tourism Advisory Committee be deferred until after that meeting.

 

14-330 Resolved:

 

1. That staff bring a discussion paper outlining the possible formation of broadening the Tourism Advisory Committee to extend the scope beyond tourism.

 

2. That Kim Rosen and Cr Simon Richardson provide an update to the next VIA Byron board meeting regarding the discussions at the 11 June meeting.

 

14-459 Resolved:

 

1. That Council establish a Sustainable Economic Development Management Advisory Committee, which includes the TAC Terms of Reference and the continued implementation of the Tourism Management Plan and the original intent of the Tourism Advisory Committee to minimise any negative impacts of tourism on the local community whilst simultaneously developing Byron’s tourism industry in a way that strengthens the Byron brand and develops a sustainable visitor economy.

 

2. That a Terms of Reference be formulated by Council staff, with input from external stakeholders if required to ensure that the Advisory Committee will incorporate community, business and sustainability representation, for consideration by Council.

 

3. That following the establishment of the SEDMAC, the continuation of the TAC be considered.

 

The purpose of this report is to provide Council with a draft Terms of Reference for the proposed Sustainable Economic Development Management Advisory Committee (SEDMAC) as attached. Some of the current Tourism Advisory Committee members have had the opportunity to provide feedback on the draft and their input has been incorporated into the draft attached.

 

Whilst tourism and the visitor economy would still be a major focus for the Economic Development and Tourism Team (ED&T), other industry sectors such as agriculture & food processing, creative industries, education and business services are emerging as opportunities to expand employment generation and galvanise a stronger full time, technically driven and skilled workforce.  Additionally the ED&T team are driving town centre revitalisation strategies and infrastructure investment through the Byron Bay Town Centre Masterplan and Vibrant Byron Strategy projects as well as working closely with industry on industrial land identification and advanced communications technology.

 

A new Economic Development Strategy is currently under development for the Shire and incorporates an extensive consultation phase including a Business Retention Expansion Survey and industry sector consultation.  The Strategy framework has garnered support from the Shire’s Chamber’s of Commerce and will be inclusive in its implementation through collaborative and partnered flagship projects.

 

Understanding the Local Economic Development Function

[An extract from The World Bank]

 

The purpose of local economic development (LED) is to build up the economic capacity of a local area to improve its economic future and the quality of life for all. It is a process by which public, business and non- governmental sector partners work collectively to create better conditions for economic growth and employment generation. 

 

Local economic development (LED) offers local government, the private and not-for-profit sectors, and local communities the opportunity to work together to improve the local economy.  It focuses on enhancing competitiveness, increasing sustainable growth and ensuring that growth is inclusive.  LED encompasses a range of disciplines including physical planning, economics and marketing.  It also incorporates many local government and private sector functions including environmental planning, business development, infrastructure provision, real estate development and finance. 

 

The practice of local economic development can be undertaken at different geographic scales.  A local government pursues LED strategies for the benefit of its jurisdiction, and individual communities and areas within a local government's jurisdiction can also pursue LED strategies to improve their economic competitiveness.  Such approaches are most successful if pursued in partnership with local government strategies.  LED is thus about communities continually improving their investment climate and business enabling environment to enhance their competitiveness, retain jobs and improve incomes.  Local communities respond to their LED needs in many ways, and a variety of approaches can be taken that include:

 

·      Ensuring that the local investment climate is functional for local businesses;

·      Supporting small and medium sized enterprises;

·      Encouraging the formation of new enterprises;

·      Attracting external investment (nationally and internationally);

·      Investing in physical (hard) infrastructure;

·      Investing in soft infrastructure (educational and workforce development, institutional support systems and regulatory issues);

·      Supporting the growth of particular clusters of businesses;

·      Targeting particular parts of the city for regeneration or growth (areas based initiatives);

·      Supporting informal and newly emerging businesses;

·      Targeting certain disadvantaged groups.

 

 

 

 

 

Proposed objective and purpose of the Byron Shire Sustainable Economic Development Management Advisory Committee

 

The objective of the Committee is to work with Council and the Economic Development & Tourism unit of Council to generate and sustain employment and business investment in the Byron Shire that will strengthen the Byron Shire local economy in a sustainable manner.

 

Actions of the SEDMAC that can assist to achieve this include: 

 

·       Seeking out and identifying opportunities to help the Shire achieve its social-economic development goals;

·       Providing advice to Byron Shire Council in relation to the sustainable economic development, marketing and management of tourism and other industries, including events and other cultural initiatives,

·       Providing a holistic view of industry development and management that represents the interests of both industry and resident communities across the Shire, with regard for the social, environmental and economic benefit of the Byron Shire community;

·       Providing assistance with implementation of strategies and actions within the Byron Shire Economic Development Strategy, the Tourism Management Plan, Events Strategy and any other plans relevant to the Economic Development & Tourism unit of Council;

·        Acting as a sounding board in response to initiatives of the Economic Development & Tourism team as well as to community members, business groups and associations in the community;

·       Providing timely information regarding events and issues of importance occurring in and to the local business community;

·       Suggesting  and recommending to staff ways the Shire can support, retain and/or attract business investment to the community;

·      Fostering links and engagement between Council, industry and community interests, including provision of leadership on partnership initiatives and supporting partnership development;

·      Working cooperatively with local, state and regional government departments and agencies, local economic development, tourism and industry and business organisations, environmental stakeholder organisations and the community;

·       Identifying and reporting industry trends (including relevant statistics) on competitiveness issues, policy and programs across local, regional, domestic and international platforms; and

·       Assisting with the dissemination of information between all stakeholders

The committee will also;

·     Provide direction to the various sub-committees established by the SEDAC Committee to work on individual areas;

·     Consider and review reports prepared by sub-committees and refer appropriate policy and strategic direction to staff for their appropriate action, including formal submission to Council.

·     Report on achievements, via an annual report to Council, stakeholders and the community on the progress of implementation of the relevant plans.

 

 

 

 

 

 

 

 

Role of the Tourism Advisory Committee and proposed SEDMAC membership

 

As discussed at the Tourism Advisory Committee (TAC) meeting on 11 June, the current Tourism Advisory Committee scope has been broadened to that of a Sustainable Economic Development Management Advisory Committee. In fact, the draft Terms of Reference presented to Council is based on the Terms of Reference for the Tourism Advisory Committee. 

 

The Tourism Management Plan would remain a key program of implementation for the committee; however the committee membership has been adapted to include the broader economic sectors of agriculture & food production, creative industries, education and business services and a skill base that reflects an expertise in statistics, research, the environment and workforce development.

 

The suggested membership of the new SEDMAC committee is as follows:

 

·    Five industry members, each representing key economic driver industries in the Byron Shire economy – tourism, creative industries, agriculture & food production, education and business services.

·    Two community members who are not associated with any particular industry and of whom at least one is from a rural area. (In the event of no suitable nominations being received for the member from a rural area, the two community members should be selected from two different geographic areas within the Shire.)

·    One member from an environmental organisation or who has significant experience in the delivery of environmentally sustainable projects and/or activities.

·    An invitation should be extended to the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) to provide one representative if desired.

·    Two or more Councillors, as determined by Council.

 

Members represent the sub-sector/ precinct identified, not a particular organisation.

 

It is recommended Council adopt the draft Terms of Reference attached to this report. Once the new SEDMAC committee is established, the role of the Tourism Advisory Committee as a separate committee becomes obsolete. Therefore, it is recommended that the current Tourism Advisory Committee members be thanked for their service to Council and the community and existing Tourism Advisory Committee members be encouraged to nominate for a position on the new SEDMAC Committee.

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

Community Strategic Plan 2014 – 2024

Byron Shire Tourism Management Plan

Destination Management Plan for the Byron Shire


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 1

 

 

 

Text Box:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BYRON SHIRE COUNCIL

 

SUSTAINABLE ECONOMIC DEVELOPMENT MANAGEMENT ADVISORY COMMITTEE

 

 

TERMS OF REFERENCE

 

 


Preamble

 

The Sustainable Economic Development Management Advisory Committee (SEDMAC) is an advisory Committee of the Council and does not have executive power or authority to implement actions.

 

The role of the SEDMAC Committee is, independently of management, to report to Council and provide appropriate advice and recommendations on matters relevant to economic development and tourism in the Shire.

 

 

Understanding the Local Economic Development Function [An extract from The World Bank]

 

The purpose of local economic development (LED) is to build up the economic capacity of a local area to improve its economic future and the quality of life for all. It is a process by which public, business and non- governmental sector partners work collectively to create better conditions for economic growth and employment generation. 

 

Local economic development (LED) offers local government, the private and not-for-profit sectors, and local communities the opportunity to work together to improve the local economy.  It focuses on enhancing competitiveness, increasing sustainable growth and ensuring that growth is inclusive.  LED encompasses a range of disciplines including physical planning, economics and marketing.  It also incorporates many local government and private sector functions including environmental planning, business development, infrastructure provision, real estate development and finance. 

 

The practice of local economic development can be undertaken at different geographic scales.  A local government pursues LED strategies for the benefit of its jurisdiction, and individual communities and areas within a local government's jurisdiction can also pursue LED strategies to improve their economic competitiveness.  Such approaches are most successful if pursued in partnership with local government strategies.  LED is thus about communities continually improving their investment climate and business enabling environment to enhance their competitiveness, retain jobs and improve incomes.  Local communities respond to their LED needs in many ways, and a variety of approaches can be taken that include:

 

·      Ensuring that the local investment climate is functional for local businesses;

·      Supporting small and medium sized enterprises;

·      Encouraging the formation of new enterprises;

·      Attracting external investment (nationally and internationally);

·      Investing in physical (hard) infrastructure;

·      Investing in soft infrastructure (educational and workforce development, institutional support systems and regulatory issues);

·      Supporting the growth of particular clusters of businesses;

·      Targeting particular parts of the city for regeneration or growth (areas based initiatives);

·      Supporting informal and newly emerging businesses;

·      Targeting certain disadvantaged groups.

 

 

Objective and purpose of the Byron Shire Sustainable Economic Development Management Advisory Committee

 

The objective of the Committee is to work with Council and the Economic Development & Tourism unit of Council to generate and sustain employment and business investment in the Byron Shire that will strengthen the Byron Shire local economy in a sustainable manner.

 

 

 

 

Actions of the SEDMAC that can assist to achieve this include: 

 

·       Seeking out and identifying opportunities to help the Shire achieve its social-economic development goals;

·       Providing advice to Byron Shire Council in relation to the sustainable economic development, marketing and management of tourism and other industries, including events and other cultural initiatives,

·       Providing a holistic view of industry development and management that represents the interests of both industry and resident communities across the Shire, with regard for the social, environmental and economic benefit of the Byron Shire community;

·       Providing assistance with implementation of strategies and actions within the Byron Shire Economic Development Strategy, the Tourism Management Plan, Events Strategy and any other plans relevant to the Economic Development & Tourism unit of Council;

·        Acting as a sounding board in response to initiatives of the Economic Development & Tourism team as well as to community members, business groups and associations in the community;

·       Providing timely information regarding events and issues of importance occurring in and to the local business community;

·       Suggesting  and recommending to staff ways the Shire can support, retain and/or attract business investment to the community;

·      Fostering links and engagement between Council, industry and community interests, including provision of leadership on partnership initiatives and supporting partnership development;

·      Working cooperatively with local, state and regional government departments and agencies, local economic development, tourism and industry and business organisations, environmental stakeholder organisations and the community;

·       Identifying and reporting industry trends (including relevant statistics) on competitiveness issues, policy and programs across local, regional, domestic and international platforms; and

·       Assisting with the dissemination of information between all stakeholders

The committee will also;

·     Provide direction to the various sub-committees established by the SEDMAC Committee to work on individual areas;

·     Consider and review reports prepared by sub-committees and refer appropriate policy and strategic direction to staff for their appropriate action, including formal submission to Council.

·     Report on achievements, via an annual report to Council, stakeholders and the community on the progress of implementation of the relevant plans.

 

Membership

 

·    Five industry members, each representing key economic driver industries in the Byron Shire economy – tourism, creative industries, agriculture & food production, education and business services.

·    Two community members who are not associated with any particular industry and of whom at least one is from a rural area. (In the event of no suitable nominations being received for the member from a rural area, the two community members should be selected from two different geographic areas within the Shire.)

·    One member from an environmental organisation or who has significant experience in the delivery of environmentally sustainable projects and/or activities.

·    An invitation should be extended to the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) to provide one representative if desired.

·    Two or more Councillors, as determined by Council.

 

Members represent the sub-sector/ precinct identified, not a particular organisation.

 

Council may appoint an alternate for any Committee member position as recommended by the SEDMAC Committee.

 

Invited Guests

 

The Advisory Committee Convenor may request to seek further expertise and consultation as agreed to by the Group and if necessary arrange attendance of a person providing the expertise at a meeting.  Any request for information to be at no cost to Council unless a budget is allocated by Council.

 

Term

 

·    Appointments to the Committee are in a voluntary capacity only.

·    A Committee member shall hold office for a maximum of four years (the term of the current Council) after which they must stand down.

·    Additional terms may be served if nominations are called for publicly, and Council consider no suitable alternative nominations are received.

·    Members standing down are eligible to re-nominate if they have not exceeded a four year term.

·    Members standing down may hold office up to three months (transition period) after the Council election.

·    The Committee may be dissolved/ created by Council resolution at any time. Council will appoint all representatives to the Committee, who shall be determined after a call for nominations by advertisement or through industry networks.

·    Extraordinary vacancies on the Committee may be filled by Council appointment on the advice of the Committee, or through public advertisement or as resolved by Council.

·    Members of the Committee shall cease to hold office:

If Council dissolves the Committee

By the death, mental incapacitation, bankruptcy or serving of a sentence for any offence but failure to pay a fine.

If a member provides a written resignation

If a member is absent for three consecutive meetings without having obtained leave of absence beforehand. An apology does not constitute approved leave of absence.

 

 

Pecuniary Interest

 

Any members of the Committee having a pecuniary interest in any matters being discussed by the Committee shall declare same at the meeting of the Committee and refrain from participating in the discussion. The interest will be recorded in the minutes.

 

 

Quorum

 

A quorum of the Committee will be 50% plus one of the appointed members, which must include at least one Councillor. If a quorum is not reached within half an hour of the appointed starting time, the meeting will be adjourned to a time determined by the Chairperson.

 

 

Confidentiality

 

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

 

 

Audio Taping of Meetings

 

A meeting may be recorded to assist with administrating the group meeting.  If the meeting is being recorded, all members will be advised of this and it will be noted in the Report of that meeting.

 

 

Privacy

 

All group members are to abide by Council’s Privacy Management Plan (E2013/32774) relating to their access to personal information.

 

 


Election of Chairperson

 

The position of Chairperson is to be elected from Councillors comprising the committee

 

 

Voting

 

Each member of the committee is to have one vote. Staff members participating on the committee do not have any voting entitlements.

 

A majority decision of the committee comprises a majority of elected members present and voting on any item subject to the requirements of a quorum being met at the meeting.

 

 

Convening Meetings

 

At least quarterly meetings will be held.

 

A meeting of the committee may be convened in response to either the direction of the Byron Shire Council or by the Chairperson of the Committee.

 

 

Meetings operations

 

·    Minutes of SEDMAC Committee meetings will be serviced by the Economic Development & Tourism unit of Council and will be kept and presented to Council at its next meeting.

·    Meeting notes shall be circulated to Committee members at least nine days prior to subsequent meetings, together with an agenda and such reports to the Committee as required. Council’s standard format for Committee meeting reports/ minutes will be adopted. Late correspondence or business items will be considered by the Committee if ruled by the Chairperson to be a ‘matter of urgency’. The Servicing Officer to provide the Committee with details in a timely manner.

·    Members of the Committee shall speak through the Chairperson.

·    Consensus or show of hands, when required will decide matters.

·    With the consent of the Committee, external agencies may be invited to address the Committee as required.

·    Subject to Council’s ‘Code of Meeting Practice’ (Policy No. 14.004, E2014/38231) meetings of the Committee shall be open to the media and public as can be reasonably accommodated. Access may be denied in any case where the Committee, by resolution, so decides on the grounds that information/ items under discussion may prejudice Council’s or an individual’s interest.

·    Members of the Committee are to abide by Council’s Code of Conduct (Policy No. 13.003 E2013/12377) at all times.

·    Meetings will be held principally at Byron Shire Council administration office in Mullumbimby.

 

 

Role of Committee - research and policy development

 

The Committee is to facilitate strategic policy development and implementation on a range of economic development issues within the Byron Shire Local Government area and to make recommendations to Council accordingly, within the context of the adopted plans of Council.

 

 


Project Reference Groups

 

Project Reference Groups may be established at the direction of the SEDMAC Committee to address issues clearly identified in the plans relevant to the Economic Development & Tourism unit of Council.

 

The terms of reference for the Project Groups will be developed on a case-by-case basis and will clearly identify the role, the function and the reporting process and the expiration date of the Project Groups.

 

The Chairperson of a Project Group must have research or extensive practical experience and/or technical skills relating to economic development or one of the identified priority industries. The Secretary of a Project Group must have experience with minute taking and report preparation and be familiar with relevant computer applications. Members of Project Groups must be able to demonstrate in their expression of interest relevant qualifications, skills and experience in sectors linked to the topic being addressed by the Sub-Committee.

 

Minutes of Project Group meetings will be kept on a Council database and presented to the Committee at least annually. These become part of Council’s corporate records.

 

Project Groups will be expected to report to the SEDMAC Committee on a quarterly basis. The SEDMAC Committee may wish to feature the work of one or more Project Groups at its quarterly meeting. Key items from the Project Group report will be presented to Council via a report from the SEDMAC Committee.

 

 

Section 377 Delegation

 

The SEDAC Committee 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.

 

The Committee may make recommendations with regard to expenditure of budgeted funds and on policy relevant to Byron Shire industries. These recommendations will be submitted to Council for resolution.

 

 

Work Health Safety

 

All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.

 

 

Insurance

 

Council has in place ‘Councillors and Officers Liability Insurance’. The terms of this insurance provide that, among other things, coverage applies to ‘committee members of any special or advisory committee established by the policyholder under the Local Government Act’.

 

 

Grievance Procedure

 

Grievances relating to matters before the Committee will be dealt with according to the Complaint Handling Procedures and Sanctions in Council’s Code of Conduct (Policy No. 13.003 E2013/12377).

 

 


Publicity

 

Publicity relating to matters before the Committee and programs adopted by the Committee should be in the name of Byron Shire Council SEDMAC Committee and in accordance with Council Policy authorised by the Chairperson and the Media Communications Officer.

 

 

Selection Criteria

 

·    Committee members will have an interest in a relevant industry to the SEDMACs work.

·    Committee members will have strong communication skills, a willingness to contribute, and be capable of informing and motivating others.

·    Members will have ability and readiness to act solely in the best interests of sustainable economic development in the Shire, without regard to personal interest or benefit.

·    Members will bring their personal knowledge and experience to bear on issues of relevance.

·    Members will have the ability and willingness to be an ambassador for the Shire and to represent the Shire positively to media, industry organisations and visitors.

·    It is highly desirable that Committee members have expertise in ONE or more of the following:

 

Marketing

Business development

Business operations

Industry association membership/ involvement

Knowledge of the tourism, creative industries, agriculture/ food production and business services industry structures at a local, regional, state and national level

Knowledge of tourism and/ or other industry distribution systems

Knowledge of the Shire’s key products and services.

An understanding of the current and future needs and requirements of the Byron Shire industry sector

An understanding of the current and future needs and requirements of the Shire regarding the development of a sustainable economy

Experience or working knowledge of economic development issues as an employee, resident or student

An understanding of economic development issues from a community development or community services perspective

Experience with a historical society, chamber of commerce, arts/ culture/ events, other local/ state/ regional organisation (eg NPWS, Economic Regional Development or Tourism Boards/ Committees).

 

 

   


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services                      14.1

 

 

Reports of Committees - Corporate and Community Services

 

Report No. 14.1           Report of the Internal Audit Advisory Committee Meeting held on 19 February 2015

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

File No:                        I2015/98

Theme:                         Corporate Management

                                      General Manager’s Office

 

Summary:

 

The report provides the minutes and recommendations of the Internal Audit Advisory Committee Meeting held on 19 February 2015 for determination by Council.

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Internal Audit Advisory Committee Meeting held on 19 February 2015. 

 

 

 

2.       That Council adopt the following Committee Recommendation:

 

Report No. 5.1   Internal Audit Report February 2015

File No: I2015/39

 

Committee Recommendation IAC 5.1.1

1.       That Council receive and note the Internal Audit Report – Audit Committee (February 2015) (#E2015/9105) prepared by the Internal Auditor, Grant Thornton.

 

2.       That the Internal Audit Committee receive a report on the progress of implementing the actions relating to the Internal Audit Review 1.8: Asset Management – Water and Sewer breach No.2 from the 21 August 2014 report to the Internal Audit Committee.

 

3.       That Council adopt the following Committee Recommendation:

 

Report No. 5.2   Regulatory Enforcement Review

File No: I2015/40

 

Committee Recommendation IAC 5.2.1

1.       That the Internal Audit Report on Regulatory Enforcement – December 2014 be noted by Council, including responses and actions detailed by Management.

 

2.       That Management implement the recommendations suggested in the report identified at Attachment 1 (#E2015/9052).

 

4.       That Council adopt the following Committee Recommendation:

 

Report No. 5.3   2013/2014 Financial Statements Audit Management Letter

File No: I2015/60

 

Committee Recommendation IAC 5.3.1

That the comments provided by Management in response to matters raised in the 2013/2014 Financial Statements Audit Management Letter be noted by Council.

 

 

 

 

Attachments:

 

1        Minutes 19/02/15 Internal Audit Advisory Committee Meeting, I2015/72 , page 115  

2        Confidential - Agenda 20/02/15 Internal Audit Advisory Committee, I2015/70 (provided under separate cover)  

 

 


 

Report

 

The attachment to this report provides the minutes of the Internal Audit Advisory Committee Meeting of 19 February 2015 for determination by Council.

 

The committee recommendations are supported by management and are provided in the attachment to this report.

 

The Committee Recommendations have been amended for this report to read as a recommendation to Council.

 

Financial Implications

 

As per the Reports listed within the Internal Audit Advisory Committee Meeting of 19 February 2015.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Internal Audit Advisory Committee Meeting of 19 February 2015.

 


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services              14.1 - Attachment 1

Minutes of Meeting

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

Internal Audit Advisory Committee Meeting

 

 

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Thursday, 19 February 2015

Time

11.00am

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services              14.1 - Attachment 1

 

Minutes of the Internal Audit Advisory Committee Meeting held on Thursday, 19 February 2015

File No: I2015/72

 

PRESENT:   Cr A Hunter and Cr D Woods

 

Community Representatives:

Michael Georghiou (Chairperson), Craig Kelly, Tony McCabe and Paul Dwyer

 

Staff:   Ken Gainger (General Manager)

            Mark Arnold (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
James Brickley (Manager Finance)

            Trish Kirkland (Manager Governance Services) arrived 11.13am

            Phil Pountney (Manager Business Systems and Technology) Report No. 5.1

            Joylene McNamara (Minute Taker)

 

Michael Georgiou (Chair) opened the meeting at 11.06am and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

That the apology from Cr Cameron be accepted. 

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes from Previous Meetings

 

That the minutes of the Internal Audit Advisory Committee Meeting held on 13 November 2014 be confirmed.                                                                                                                                   (Georghiou/Woods)

The recommendation was put to the vote and declared carried.

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

PROCEDURAL MOTION

 

That the Committee move into Confidential session.                                              (Georghiou/Woods)

 

The recommendation was put to the vote and declared carried.

 

 

CONFIDENTIAL SESSION

 

 

Staff Reports - Corporate and Community Services

Report No. 5.1             Internal Audit Report February 2015

File No:                        I2015/39

 

Committee Recommendation IAC 5.1:

1.       That Council receive and note the Internal Audit Report – Audit Committee (February 2015) (#E2015/9105) prepared by the Internal Auditor, Grant Thornton.

 

2.       That the Internal Audit Committee receive a report on the progress of implementing the actions relating to the Internal Audit Review 1.8: Asset Management – Water and Sewer breach No.2 from the 21 August 2014 report to the Internal Audit Committee.

 (Georghiou/Woods)

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.2             Regulatory Enforcement Review

File No:                        I2015/40

 

Committee Recommendation IAC 5.2:

1.       That the Internal Audit Report on Regulatory Enforcement – December 2014 be noted by Council, including responses and actions detailed by Management.

 

2.       That Management implement the recommendations suggested in the report identified at Attachment 1 (#E2015/9052).

(Georghiou/Woods)

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.3             2013/2014 Financial Statements Audit Management Letter

File No:                        I2015/60

 

Committee Recommendation IAC 5.3:

That the comments provided by Management in response to matters raised in the 2013/2014 Financial Statements Audit Management Letter be noted by Council.

(Georghiou/Hunter)

The recommendation was put to the vote and declared carried.

 

 

PROCEDURAL MOTION

 

That the Committee move out of Confidential session.                                          (Georghiou/Woods)

 

The recommendation was put to the vote and declared carried.

 

 

There being no further business the meeting concluded at 12.14pm.

 

 

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services                      14.2

 

 

Report No. 14.2           Report of the Finance Advisory Committee Meeting held on 19 February 2015

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

File No:                        I2015/99

Theme:                         Corporate Management

                                      Financial Services

 

Summary:

 

This report provides the minutes and recommendations of the Finance Advisory Committee Meeting held on 19 February 2015 for determination by Council.

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Finance Advisory Committee Meeting held on
19 February 2015. 

 

 

 

2.       That Council adopt the following Committee Recommendation:

 

Report No. 5.1   2014/15 Financial Sustainability Project Plan - Update on the Action Implementation Plan as at 31 December 2014

File No: I2015/11

 

Committee Recommendation FAC 5.1.1

That the update report to 31 December 2014 on the 2014/2015 Financial Sustainability Project Plan Action Implementation Plan be received and noted.

 

3.       That Council adopt the following Committee Recommendation:

 

Report No. 5.2   Budget Review - 1 October 2014 to 31 December 2014

File No: I2015/55

 

Committee Recommendation FAC 5.2.1

1.    That Council note the recommendation of the Finance Advisory Committee to 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 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.

 

4.       That Council adopt the following Committee Recommendation:

 

Report No. 5.3   Byron Regional Sports and Cultural Complex (BRSCC) Operating Result for July to December 2014

File No: I2015/62

 

Committee Recommendation FAC 5.3.1

That Council receive and note this report on the financial operating results of the Byron Regional Sport and Cultural Complex (BRSCC) for the six (6) month period ending 31 December 2014.

 

 

 

 

Attachments:

 

1        Minutes 19/02/15 Finance Advisory Committee, I2015/71 , page 121  

2        Agenda 19/02/15 Finance Advisory Committee, I2015/68 (provided under separate cover)  

 

 


 

Report

 

The attachment to this report provides the minutes of the Finance Advisory Committee Meeting of 19 February 2015 for determination by Council.

 

The committee recommendations are supported by management and are provided in the attachment to this report.

 

The Committee Recommendations have been amended to read as a recommendation to Council.

 

In relation to Committee Recommendation 5.2.1, Budget Review 1 October 2014 to 31 December 2014, Council at its Ordinary Meeting on 26 February adopted this recommendation as part of its consideration of Report 13.9 to that meeting.

 

Councillors were advised in Memorandum (E2015/11370) dated 20 February of the Committee’s Recommendation.  The Committee Recommendation wording has been amended to provide for Council’s noting of the Recommendation, as it has been previously adopted via Resolution 15-039.

 

Financial Implications

 

As per the Reports listed within the Finance Advisory Committee Meeting of 19 February 2015.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Finance Advisory Committee Meeting of 19 February 2015.

 


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services              14.2 - Attachment 1

Minutes of Meeting

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

Finance Advisory Committee Meeting

 

 

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Thursday, 19 February 2015

Time

2.00pm

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services              14.2 - Attachment 1

 

Minutes of the Finance Advisory Committee Meeting held on Thursday, 19 February 2015

File No: I2015/71

 

PRESENT:   Cr B Cameron, Cr D Dey, Cr A Hunter, Cr D Woods and Cr C Cubis (arrived 2.48pm)

 

Staff:   Ken Gainger (General Manager)

            Mark Arnold (Director Corporate and Community Services)

            Phil Holloway (Director Infrastructure Services)

            James Brickley (Manager Finance)

            Joylene McNamara (Minute Taker)

 

Cr Cameron (Chair) opened the meeting at 2.07pm  and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

That the apology from Cr Ibrahim be accepted.

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of NOTES from Previous Meetings

 

That the notes from the previous meeting be received.

 

Business Arising from Previous Minutes

 

There was no business arising from previous notes.

 

 

Staff Reports - Corporate and Community Services

Report No. 5.1             2014/15 Financial Sustainability Project Plan - Update on the Action Implementation Plan as at 31 December 2014

File No:                        I2015/11

 

Committee Recommendation FAC 5.1.1:

That the update report to 31 December 2014 on the 2014/2015 Financial Sustainability Project Plan Action Implementation Plan be received and noted.

          (Dey/Woods)

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.2             Budget Review - 1 October 2014 to 31 December 2014

File No:                        I2015/55

 

Committee Recommendation FAC 5.2.1:

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 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.

(Hunter/Cameron)

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.3             Byron Regional Sports and Cultural Complex (BRSCC) Operating Result for July to December 2014

File No:                        I2015/62

 

Committee Recommendation FAC 5.3.1:

That Council receive and note this report on the financial operating results of the Byron Regional Sport and Cultural Complex (BRSCC) for the six (6) month period ending 31 December 2014.

(Cameron/Woods)

The recommendation was put to the vote and declared carried.

 

 

There being no further business the meeting concluded at 3.49pm.

 

 

 

 

  


BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy               14.3

 

 

Reports of Committees - Sustainable Environment and Economy

 

Report No. 14.3           Report of the Biodiversity and Sustainability Advisory Committee Meeting held on 19 February 2015

Directorate:                 Sustainable Environment and Economy

Report Author:           Sharyn French, Manager Land and Natural Environment

File No:                        I2015/115

Theme:                         Ecology

                                      Land and Natural Environment

 

Summary:

 

To present the minutes and recommendations of the Biodiversity and Sustainability Committee Meeting of 19 February 2015.

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Biodiversity and Sustainability Advisory Committee Meeting held on 19 February 2015. 

 

 

 

2.       That Council adopt the following Committee Recommendation:

 

Report No. 5.1   Amended Draft Environmental Levy Implementation Policy

 

Committee Recommendation 5.1

That the Biodiversity and Sustainability Advisory Committee recommend to Council that the draft Environmental Levy Implementation Policy (#E2014/61683) be publicly exhibited for a period of 28 days and that in the event that no submissions are received on the Environmental Levy Implementation Policy it be adopted.

 

 

 

Attachments:

 

1        Minutes 19/02/2015 Biodiversity and Sustainability Advisory Committee, I2015/51 , page 126  

2        Draft Environmental Levy Implementation Policy, E2014/61683 , page 130  

 

 


 

Report

 

The attachment to this report provides the minutes of the Biodiversity and Sustainability Advisory Committee Meeting of 19 February 2015 for determination by Council.

 

Report No. 5.1     Amended Draft Environmental Levy Implementation Policy

 

Council resolved at 26 June Ordinary meeting to prepare a draft Environmental Levy Implementation Policy.  The Committee considered the draft policy at it’s 11 September 2014 meeting where it recommended two amendments.  The Committee now recommend to Council that the draft Environmental Levy Implementation Policy be publicly exhibited.  See Attachment 2 for the draft Environmental Levy Implementation Policy.

 

Committee recommendations 5.2 and 5.3 are for noting and are provided in Attachment 1 to this report.

 

Financial Implications

 

As per the Reports listed within the Biodiversity and Sustainability Advisory Committee Meeting of 19 February 2015.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Biodiversity and Sustainability Advisory Committee Meeting of 19 February 2015.

 


BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy        14.3 - Attachment 1

Minutes of Meeting

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

Biodiversity and Sustainability Advisory Committee Meeting

 

 

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Thursday, 19 February 2015

Time

9.00am

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy        14.3 - Attachment 1

 

Minutes of the Biodiversity and Sustainability Advisory Committee Meeting held on Thursday, 19 February 2015

File No: I2015/51

 

PRESENT:   Cr S Richardson (Mayor), Cr R Wanchap, Cr Alan Hunter

 

Staff:            Sharyn French

                     Kim Mallee

                     Angus Underwood

                     Michelle Chapman (minute taker until 9.30)

           

Community

Members:     Donovan Adcock, Andy Baker, Samala Heart, Joanna Immig, Luke McConnell, James Mayson, Kate Smillie, Peter Westheimer

 

Non-voting

Community

Members:     Chris Sanderson

 

Cr  Richardson opened the meeting at 9.03am  and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

That the apology from Dale Fallon be accepted.

 

Absent: Carole Gamble

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes from Previous Meetings

 

Minutes from 11 September 2014 meeting were reported to 9 October 2014 Ordinary meeting resulting in resolutions 14-481.

 

There was no quorum for the 6 November 2014 meeting.

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.  

 

 

 

Staff Reports - Sustainable Environment and Economy

Report No. 5.1             Amended Draft Environmental Levy Implementation Policy

File No:                        I2015/3

 

Committee Recommendation 5.1:

That the Biodiversity and Sustainability Advisory Committee recommend to Council that the draft Environmental Levy Implementation Policy (#E2014/61683) be publicly exhibited for a period of 28 days and that in the event that no submissions are received on the Environmental Levy Implementation Policy it be adopted.

(Wanchap/Westheimer)

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.2             Byron Shire Low Carbon Strategy

File No:                        I2015/5

 

Committee Recommendation 5.2:

That the Biodiversity and Sustainability Advisory Committee note the adoption of the Byron Shire Low Carbon Strategy.

(Hunter/Heart)

The recommendation was put to the vote and declared carried.

 

Actions:

·    Greenhouse gas emissions status report to be provided to Committee.

·    Data spreadsheets of State of the Environment report to next Committee meeting.

 

 

Report No. 5.3             Environmental Levy Budget Update

File No:                        I2015/7

 

Committee Recommendation 5.3:

That the Biodiversity and Sustainability Committee note this report.

(Smillie/McConnell)

The recommendation was put to the vote and declared carried.

 

General Business:

·    The Committee requested additional meeting dates to be scheduled.

 

 

 

There being no further business the meeting concluded at 11.05am.

 

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy 14.3 - Attachment 2

 

 

 

 

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

 

 

BYRON SHIRE COUNCIL

 

 

 

DRAFT POLICY

 

 

Environmental Levy Implementation Policy

 

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy        14.3 - Attachment 2

INFORMATION ABOUT THIS DOCUMENT

 

Date Adopted by Council

 

Resolution No.

 

Policy Responsibility

Manager Land and Natural Environment

Review Timeframe

 

Last Review Date:

 

Next Scheduled Review Date

 

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

E2014/44800

26 June 2014

Draft Version after  Res 14-321

E2014/61683

11 September 2014

Draft incorporating  Biodiversity & Sustainability Advisory Committee recommendations

 

Further Document Information and Relationships

Related Legislation*

 

Related Policies

Byron Biodiversity Conservation Strategy

Byron Low Carbon Strategy

Coastal Zone Management Plans

Related Procedures/ Protocols, Statements, documents

 

Note: Any reference to Legislation will be updated in the Policy as required. See website http://www.legislation.nsw.gov.au/ for current Acts, Regulations and Environmental Planning Instruments.

 


BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy        14.3 - Attachment 2

 

TABLE OF CONTENTS

 

1.    OBJECTIVES............................................................................................................................... 1

2.    BACKGROUND........................................................................................................................... 1

3.    Principals................................................................................................................................ 1

4.    Terms of Reference........................................................................................................... 1

5.    POLICY STATEMENT................................................................................................................. 2

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This Page has been intentionally left blank.

 

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Sustainable Environment and Economy        14.3 - Attachment 2

 

Policy No. ??

 

POLICY TITLE

ENVIRONMENTAL LEVY IMPLEMENTATION POLICY

 

1.   OBJECTIVES

1.1. To inform the allocation of revenue raised through the Environmental Levy in the Byron Shire Council local government area.

 

1.2. To outline the arrangements for allocating and managing the Environmental Levy funds

 

2.   BACKGROUND

 

Byron Shire is well know for its diverse, natural environment including beautiful coastlines, lush rainforests, creeks, rivers and mountain ranges which form part of the remnants of the Wollumbin caldera. These environmental assets are supported by an active and aware community that values and promotes the protection and enhancement of the environment.

 

Following the adoption of the Byron Biodiversity Conservation Strategy in 2004 Council received approval from the NSW government to apply a special rate variation of 2% for four years to fund a Biodiversity Levy in order to implement the Byron Biodiversity Conservation Strategy. In 2008, the Biodiversity Levy was replaced with an Environmental Levy that continues to support the implementation of the Byron Biodiversity Conservation Strategy as well as Council's sustainability and coastal programs.

 

The Environment Levy is a key revenue source to assist in the implementation of Council endorsed environmental plans and strategies. The Levy has been essential to the successes achieved through the implementation of a range of biodiversity, coastal and sustainability programs and enabled Council to leverage significant additional funding via external grants.

 

3.   Principles

 

The Environmental Levy is to be used to fund activities which either:

 

3.1. Identify, maintain, protect or enhance native biodiversity, ecosystems and ecological processes.

 

3.2. Reduce Byron Shire’s greenhouse gas emissions or improve the environmental sustainability and resilience of Council and the community.

 

3.3. Undertake studies and prepare plans for coastal processes, values and risks and implement those actions that address protecting or enhancing coastal biodiversity, ecosystems and ecological processes.

 

4.   Terms of Reference

 

The Environmenta