Ordinary Meeting
Minutes
9 April 2015
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday,
9 April 2015 COMMENCING AT 9.01AM AND CONCLUDING AT
4.40PM
I2015/273
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Cubis (arrived 9.17am), Cr D Dey,
Cr A Hunter, Cr S Ibrahim, Cr P Spooner, Cr R Wanchap and Cr D Woods
Staff: Ken
Gainger (General Manager)
Mark
Arnold (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Mila
Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that
the meeting is being held on Arakwal Country and that we pay our respects to
the elders past and present and extend our respect to the Bundjalung clans
whose lands and waters are part of the Shire.
Public
Access
Prior to dealing with the circulated reports and associated
information, a Public Access Session was held and Council was addressed on the
following:
13.6
Submissions received on the
exhibition of Draft 2012 Developer Contributions Plan (Amendment 3)
Mark Pattern, Ocean Shores Soccer Club, addressed Council in
favour of the recommendation.
13.9 Coastal
Zone Management Plan Byron Bay Embayment
Andrew Winton-Brown addressed Council in favour of the
recommendation.
Laurie Lynch addressed Council against the recommendation.
13.10
PLANNING - 10.2014.649.1 Mixed development
comprising; demolition, retention of existing building, erection of a new
building to be used for backpacker accommodation (250 beds), shops and
restaurants at 19-23 Lawson Street Byron Bay
Steve Agnew, Byron Ventlink Pty Ltd, addressed Council in
favour of the recommendation.
13.12
PLANNING - 10.2014.714.1 - Demolition of
existing dwelling, garage, and all other structures at 9 Station Street
Bangalow
Paul De Fina addressed Council in favour of the
recommendation.
13.14
Belongil Creek Floodplain Risk Management
Study and Plan
Laurie Lynch addressed Council in favour of the
recommendation.
Jay Pearse and Kathy Dawson addressed Council against the
recommendation.
Submission
No. 1 Byron Traffic Management
Laurie Lynch made a submission to Council regarding on the
coastline management at Belongil relating to protective works and beach
scraping to restore the dune.
Submission
No. 2 Traffic Management
Laurie Lynch made a submission to Council regarding traffic
management, the introduction of the bypass and pedestrian activity.
The meeting adjourned at 9.55am for a break and
reconvened at 10.15am.
Apologies
There were no apologies.
Requests
for Leave of Absence
There
were no requests for leave of absence
Declarations
of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
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15-121
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Resolved that the minutes of the Ordinary Meeting held 19
March 2015 be confirmed.
(Hunter/Dey)
The motion
was put to the vote and declared carried.
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Reservation
of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be
reserved for debate, being:
Staff Reports
Corporate and Community Services
Report No. 13.1 2015
National General Assembly of Local Government
Report No. 13.2 Australia
Day Project Reference Group - Finalisation of 2015 Group and Commencement of
2016 Group
Report No. 13.3 Section
355 Management Committees - resignations and appointments
Report No. 13.5 Proposed
CCTV system in Byron Bay - ongoing maintenance and monitoring
Sustainable Environment and Economy
Report
No. 13.8 Review of the waiving of developer
contributions for secondary dwellings
Report No. 13.9 Coastal
Zone Management Plan Byron Bay Embayment
Report No. 13.10 PLANNING -
10.2014.649.1 Mixed development comprising; demolition, retention of existing
building, erection of a new building to be used for backpacker accommodation
(250 beds), shops and restaurants at 19-23 Lawson Street Byron Bay
Report No. 13.12 PLANNING
- 10.2014.714.1 - Demolition of existing dwelling, garage, and all other
structures at 9 Station Street Bangalow
Report No. 13.13 Budget
Allocation for Traffic Study to Determine Construction Priorities on Ewingsdale
Road
Infrastructure Services
Report No. 13.14 Belongil Creek
Floodplain Risk Management Study and Plan
Reports of Committees
Infrastructure Services
Report No. 14.1 Report
of the Community Infrastructure Advisory Committee Meeting held on 5 March 2015
Confidential Reports
Sustainable Environment and Economy
Report No. 16.1 Confidential - Unlawful development,
North Head Road, New Brighton
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr
Richardson and seconded by Cr Woods. Each recommendation is recorded with a
separate resolution number commencing at Resolution No. 15-121 and concluding
with Resolution No. 15-130.
Staff Reports - Corporate and
Community Services
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Report No. 13.4 Section
356 Donations - Reimbursement of Application Fees, Bangalow Park Trust
Section 355 Management Committee
File No: I2015/216
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15-122
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Resolved:
1. That
Council reimburse the Development Application fee paid totalling $1,632.00 to
the Bangalow Parks Trust Section 355 Management Committee.
2. That
the Committee be invited to reapply for further reimbursement of application
fees paid after the completion of Stage 2 of the project.
3. The
Committee be congratulated on obtaining the grant funding with the Crown
Lands and the completion of Stage 1 of the project at the Showground. (Richardson/Woods)
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Staff Reports – SUSTAINABLE
ENVIRONMENT AND ECONOMY
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Report No. 13.6 Submissions
received on the exhibition of Draft 2012 Developer Contributions Plan
(Amendment 3)
File No: I2015/101
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15-123
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Resolved:
1. That
Council approve the 2012 Developer Contributions Plan (Amendment 3) as
exhibited subject to inclusion of the following amendments:
a) Amend
the Mullumbimby Community Facilities works schedule by including the
information shown in table 3 included in this report and the consequential
changes in the rates per standard dwelling unit as shown in table 4.
b) Amend
the Shire Wide Open Space Works Schedule by altering the description of works
at the Cavanbah Sports Centre as follows:
“Energy efficiency
improvements at Cavanbah Sports Centre including but not limited to
installation of a Solar Photo-Voltaic generation system, hot water and
lighting improvements. (Expenditure of Existing Funds)”
2. That
notice of the approved 2012 Developer Contributions Plan (Amendment 3) be
placed in the local paper within 28 days of the date of this meeting and that
the date of commencement of the plan be two weeks after the date of
publication of the notice.
3. Allocate
a budget of $130,890.50 from section 94 funds (ocean Shores Community
Facilities account) to construct charge facilities at Tom Kendall Oval.
(Richardson/Woods)
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Report No. 13.7 Voluntary
Planning Agreement - Agreement for provision of car parking associated with
DA 10.2014.649.1 - Redevelopment of Old Byron Council Chambers
File No: I2015/199
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15-124
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Resolved:
1. That
Council place the planning agreement on public exhibition for a period to 28
days subject to the following amendments
a) Amend
Clause 5.3 by adding another clause after 5.3.3 that states:
“5.3.4 The Developer
commences works on the development. ”
b) Amend
clause 12 by adding another clause after 12.1.2 that states:
“12.1.3 No refund is to be
given after the developer has commenced works on the development.”
2. That
the planning agreement be referred to Council’s solicitors for review
and that the cost of this review be recouped from the developer prior to
Council entering into the planning agreement.
3 That
the planning agreement and any submissions received be reported back to
Council following the exhibition period. (Richardson/Woods)
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Report No. 13.11 Report
of the Planning Review Committee Meeting held on
17 March 2015
File No: I2015/217
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15-125
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Resolved that the report be noted. (Richardson/Woods)
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Report No. 14.2 Report
of the Water, Waste and Sewer Advisory Committee Meeting held on 5 March 2015
File No: I2015/220
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15-126
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Resolved that Council
note the minutes of the Water, Waste and Sewer Advisory Committee Meeting
held on 5 March 2015. (Richardson/Woods)
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15-127
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Resolved that Council
adopt the following Committee and Management Recommendation:
Report
No. 5.1 Proposed Water, Waste and Sewer Advisory
Committee Dates for 2015
File No: I2015/20
Moved 5.1.1
That the Water, Waste and Sewer
Advisory Committee meets on the following dates and times:
· Thursday
7 May 2015 at 9.00am
· Thursday
10 September 2015 at 9.00am
· Thursday 3 December
2015 at 9.00am Richardson/Woods)
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Report No. 14.3 Report
of the Transport Advisory Committee Meeting held on 12 March 2015
File No: I2015/259
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15-128
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Resolved that Council note the minutes of the
Transport Advisory Committee Meeting held on 12 March 2015. (Richardson/Woods)
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15-129
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Resolved that Council
note the Committee Recommendation 5.1 as follows in
regard to 2015 meeting dates and times:
· Thursday
25 June 2015 at 2.00pm
· Thursday
1 October 2015 at 9.00am
· Tuesday
1 December 2015 at 9.30am (Richardson/Woods)
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15-130
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Resolved that Council
adopt the Committee Recommendation 5.2 as follows:
That Council, in adopting the
following priority in regard to bike plan projects, receive a staff
report on cost estimates and to amend and exhibit the s94 Contributions
Plan accordingly which reflects:
a)
high priority for the funding and delivery of bike plan projects:
i) No.
38 - shared path, Bangalow, from the eastern end of the existing path on the
north side of Byron Bay Road through to the Bangalow Bowling Club;
ii) No.
73 and 72 - Broken Head Road, Suffolk Park between Beech Drive south and
north roundabouts and onto Byron at Byron Resort, with options for both
on-road (as per Res 14-223) and off-road (as per bike plan) be investigated,
costed and reported back to Council; and
iii) No.
43 – a shared path on Raftons Road, Bangalow from Rifle Range Rd to
Readings Bridge via Leslie Street.
b) medium
priority, commencing with investigation and report of options for bike plan
projects:
i) No.
76 - shared path, Suffolk Park from Broken Head Rd (at Byron at Byron Resort)
through to Alcorn Street; and
ii) No.
15 - shared path Balemo Drive, Ocean Shores from Orana Road to Brunswick
Valley Way;
c) consideration
of funding opportunity, relationship and priority of bike plan projects:
i) No.
40 - shared path Lismore Road from Rifle Range Road to Dudgeons Lane,
Industrial Estate, Bangalow, noting opportunity for 100% RMS funding due to
being adjacent to state road (MR65);
ii) No.
42 - shared path along Rifle Range Road, Bangalow from viaduct on Lismore
Road to existing path at Samson Street; and
iii) No.
46 - shared path Tristania Street from Rifle Range Road to Sansom Street ,
Bangalow;
d) low
priority given to bike plan projects:
i) No.
59 - shared path, Sunrise Boulevard and Julian Rocks Drive, Sunrise to
existing path;
ii) No.
58 - shared path Bayshore Drive from Ewingsdale Road to rail corridor; and
iii) No.
65 - shared path Browning Street, Byron Bay from Bangalow Road to Jonson
Street and onto the Ex-Services Club.
e) the
immediate delivery, using s94 funds or otherwise, of signage only projects
being:
i) No.
62 - on-road advisory signs along Cowper Street, Byron Bay through to
Browning Street; and
ii) No.
64- on-road advisory signs along Lighthouse Road, Byron Bay from Brooke
Drive (The Pass) to the Lighthouse.
f) That
the bike project within the s94 plan which is not in the bike plan and
relates to the provision of a new path from Broken Head Road, Suffolk Park to
Kalemajere Drive be investigated and reported to Council. (Richardson/Woods)
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15-131
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Resolved:
1. That
Council adopt Committee Recommendation 5.3 in part as follows:
a) that
the revision of the PAMP document be undertaken in the first instance with a
review by staff and report back to Council via this Committee; and
b) that
the PAMP review, which has commenced with staff and Access Advisory Committee
input, be continued with a draft document to be tabled to the Committee
prior to consultation being undertaken.
2. That
Council not adopt Committee Recommendation 5.3(b) and instead endorse the
Management Recommendation as follows:
That
the funds within the adopted s94 plan, which are within the 2014/15 budget,
be used to implement projects as detailed in the Committee Agenda at Report
No. 5.3 (file I2015/187) with priority given as follows to projects within:
a) Table
1, which are endorsed as Part 2 of Resolution 14-565; and
b) Table 2, with the exception of bike plan number 43. (Richardson/Woods)
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Procedural
Motion
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15-132
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Resolved that
Council change the order of business to deal with Reports 13.10, 13.12, 13.14
and 13.9 next on the Agenda.
(Woods/Richardson)
The motion was put to the vote and declared carried.
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Staff Reports – sustainable
environment and economy
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Report No. 13.10 PLANNING
- 10.2014.649.1 Mixed development comprising; demolition, retention of
existing building, erection of a new building to be used for backpacker
accommodation (250 beds), shops and restaurants at 19-23 Lawson Street Byron
Bay
File No: I2015/213
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15-133
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Resolved:
1. That pursuant
to Section 80 of the Environmental Planning & Assessment Act 1979,
Development Application No. 10.2014.649.1 for Mixed development comprising; demolition, retention of existing
building, erection of a new building to be used for backpacker accommodation
(250 beds), shops and restaurants, be granted a deferred commencement consent
subject to conditions nominated in attachment 1 (A2014/30455) with the
following amendment:
Condition
27 – change wording to “Details of publicly visible public art
proposed to be installed are to be provided to Council for assessment to
ensure its validity, appropriateness, location and value of a minimum
$25,000.00.”
2. That pursuant to Section 95(2)
of the Environmental Planning & Assessment Act 1979, the development
consent lapses 5 years after the date from which it operates unless commenced
in accordance Section 95(4) or (5). (Richardson/Spooner)
The motion was put to the vote and declared carried.
Crs Ibrahim, Dey, Cubis, Woods, Richardson,
Cameron, Wanchap, Spooner and Hunter voted in favour of motion.
No Councillors voted against the motion.
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Report No. 13.12 PLANNING
- 10.2014.714.1 - Demolition of existing dwelling, garage, and all other
structures at 9 Station Street Bangalow
File No: I2015/219
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Moved: That
pursuant to Section 80 of the Environmental Planning and Assessment Act 1979,
development application 10.2014.714.1 for demolition of existing dwelling,
garage and all other structures, be approved with conditions to maintain the
property in a safe and clean manner, without a street fence. (Hunter/Woods)
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15-134
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Resolved that the matter
rest on the table. (Hunter/Woods)
The motion was put to the vote and declared carried.
Crs Dey, Richardson, Cameron and Spooner voted against
the motion.
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Staff Reports - INFRASTRUCTURE
Services
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Report No. 13.14 Belongil
Creek Floodplain Risk Management Study and Plan
File No: I2015/93
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15-135
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Resolved:
1. That
Council adopt the Draft Belongil Creek Floodplain Risk Management Study and
Plan Summary (Attachment 2, E2015/16794) and the Draft Belongil Creek
Floodplain Risk Management Plan (Attachment 3, E2015/16795).
2. That
Council note that the house previously identified for Voluntary House
Purchase is not within a high hazard zone and has been removed from the
Voluntary House Purchase program. (Woods/Cubis)
The motion was put to the
vote and declared carried.
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15-136
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Resolved that Cr Dey be granted a one minute extension
to his speech. (Woods/Cubis)
The motion was put to the vote and declared carried.
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Procedural
Motion
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15-137
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Resolved that
Report 13.12 be lifted off the table. (Richardson/Woods)
The motion was put to the vote and declared carried.
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Procedural
Motion
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15-138
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Resolved that
Report 13.12 rest on the table. (Richardson/Woods)
The motion was put to the vote and declared carried.
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Staff Reports – SUSTAINABLE
ENVIRONMENT AND ECONOMY
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Report No. 13.9 Coastal
Zone Management Plan Byron Bay Embayment
File No: I2015/212
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15-139
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Resolved that Council:
1. Instructs
WRL to finalise the management study as per variation quotation at attachment
5, taking into consideration recently received constructive comments from
OEH's Chief Economist on the CBA component of the Coastal Hazard Management
Study.
2. Extend
the scope of the WRL variation at attachment 5 to include an economic
analysis for alternative models of retreat to that used in the CBA (as per
OEH recommendation), to be included in an appendix to the revised CBA, or as
otherwise deemed appropriate by WRL.
3. Authorises an
amount of $6,950 be transferred from the Land and Natural
Environment Reserve to the coastal zone management plan Byron Bay
Embayment account 2605.083, for the purpose of: covering the cost of
seeking a formal response from the consultants in accordance with
resolution 15-065, and undertaking a variation of the contract with the
consultant as per quotation at attachment 5.
4. Authorises an
additional amount of $15,000 be allocated from account the Byron Bay
embayment account for the variation in point two above and delegate the
General Manager to identify the most appropriate account if the funds are not
available.
5. Notes
that the Minister for Environment has extended the submission
date for the coastal zone management plan Byron Bay Embayment to 30 June
2015, and that Council is under Ministerial Direction to complete the
draft CZMP by that date.
6. Notes
that the Minister has advised Council that failure to complete the CZMP
within the deadline will preclude Council from receiving any funding in the
2015/16 financial year for emergency protection works until the CZMP is
completed.
7. Thanks
OEH for their assistance with technical review of plans, studies and designs
to date for compliance with Government objectives and Project aims and
requirements.
8. Council establishes
a community advisory/reference panel to provide ongoing feedback during the
preparation of the CZMP containing key stakeholders and Councillors (as per
CZMP guideline 2.2.2). (Ibrahim/Woods)
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AMENDMENT
Moved:
1. That
Council pursue Option 3, which is ‘Finalise the Coastal Hazard
Management Study Byron Bay Embayment as per the consultant’s variation
quotation at CONFIDENTIAL Attachment 5, and participate in the Steering
Committee proposed by the Office of Environment and Heritage for the
preparation of a new cost benefit analysis of coastal hazard management
options for Belongil Beach’, for progressing and completing the
management study phase of the coastal zone management plan Byron Bay
Embayment.
2. That
Council note the Minister for the Environment has extended the submission
date for the coastal zone management plan Byron Bay Embayment to 30 June
2015, but that Council is unlikely to meet this timeframe.
3. That
an amount of $6,950 be transferred from the Land and Natural Environment
Reserve to the coastal zone management plan Byron Bay Embayment account
2605.083, for the purpose of: covering the cost of seeking a formal response
from the consultants in accordance with resolution 15-065, and
undertaking Option 3 which entails a variation of the contract with the
consultant.
4. that
Council notes that the Minister has advised Council that failure to complete
the CZMP within the deadline will preclude Council from receiving any funding
in the 2015/16 financial year for emergency protection works until the CZMP
is completed and thus write to the newly appointed NSW Minister for the
Environment (the Hon. Mark Speakman) requesting a further extension.
5. That
Council thanks OEH for their assistance with technical review of plans,
studies and designs to date for compliance with Government objectives and
Project aims and requirements.
6. That
Council establishes a community advisory/reference panel to provide ongoing
feedback during the preparation of the CZMP containing key stakeholders and
Councillors (as per CZMP guideline 2.2.2). (Richardson/Dey)
The
amendment was put to the vote and declared lost.
Crs
Ibrahim, Cubis, Woods, Wanchap and Hunter voted against the amendment.
The motion
was put to the vote and declared carried.
Crs Dey,
Richardson, Cameron and Spooner voted against the motion.
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Mayoral
Minute
There was no mayoral minute.
Notices
of Motion
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Notice of Motion No. 9.1 Heritage
Advisory Committee
File No: I2015/260
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15-140
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Resolved that Council:
1. Establish
a Heritage Advisory Committee that includes community representation.
2. Prepare
a draft constitution based on the Eurobodalla Shire Council model and report
to Council for approval to establish a selection process and subsequent
appointment of Members.
3. Apply
for grant funding from the NSW Office of Environment and Heritage for a local
Heritage Advisory Service to support the work of the Committee.
4. Consider
allocation of recurrent funding in the 2015/2016 budget process.
(Cameron/Wanchap)
The motion was put to the vote and declared carried.
Cr Woods voted against the motion.
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Petitions
There were no petitions tabled.
Submissions
and Grants
There were no submissions or grants.
Delegates'
Reports
1. Australian Coastal Conference
The Mayor discussed his delegates report that was included
in this Agenda.
Staff
Reports - Corporate and Community Services
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Report No. 13.1 2015
National General Assembly of Local Government
File No: I2015/77
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15-141
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Resolved:
1. That
Council authorise Cr Richardson to attend the 2015 National General Assembly
of Local Government to be held at the National Convention Centre in Canberra
from 14 to 17 June 2015.
2. That
Council delegate Cr Richardson to be the voting delegate.
3. That
Council endorse the following motion for submission to the National General
Assembly:
Marriage
Equality
1. That
due to the ongoing and harmful discrimination endured by our residents,
especially our youth, this Assembly calls on the Commonwealth Government to
end marriage discrimination and support marriage equality for same sex
couples.
2. That
the Assembly endorse the Marriage Proclamation as supported by Byron Shire
Council and other councils across Australia. (Dey/Woods)
The motion was put to the vote and declared carried.
Crs Cubis and Hunter voted against the motion.
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Report No. 13.2 Australia
Day Project Reference Group - Finalisation of 2015 Group and Commencement of
2016 Group
File No: I2015/208
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15-142
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Resolved:
1. That
Council notes this report on the Australia Day 2015 activities and disbands
the Australia Day Project Reference Group effective 11 March 2015.
2. That
Council write to all members of the Australia Day 2015 Project Reference
Group advising of this resolution and to thank the participants for their
assistance.
3. That
Council participate in the Australia Day Council Ambassador Program for 2016
Australia Day Activities.
4. That
the objectives for the Australia Day 2016 Project Reference Group, as
outlined in this report, be adopted.
5. That
the Constitution for the Australia Day PRG (#E2015/16582) shown at Attachment
1 to this report, be adopted.
6. That
Council invite the following organisations to nominate representatives to be
a member on the Australia Day 2016 Project Reference Group:
· Byron Bay Rural Fire Brigade,
Suffolk Park
· Bangalow Historical
Society
· Rotary Club of Byron
Bay
· Rotary Club of
Mullumbimby representing the Combined Services Clubs of Brunswick Valley
· Brunswick Mullumbimby
Lions Club
· Ocean Shores Community
Association
· Brunswick Valley
Historical Society
· Sisters for
Reconciliation
· Australia Day Paddle
· Byron Youth Council
(Richardson/Cameron)
The motion was put to the vote and declared carried.
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The meeting adjourned at
12.26pm for lunch and reconvened at 1.38pm.
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Report No. 13.3 Section
355 Management Committees - resignations and appointments
File No: I2015/214
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15-143
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Resolved:
1. That
with regard to the Ocean Shores Community Centre Section 355 Management
Committee Council:
a) Accept
the resignation from Cr Diane Woods and thank Cr Woods for her past
contribution on this Committee.
b) Endorse
the appointment of Cr Chris Cubis as the Councillor representative, and Cr
Woods as the alternate delegate on this Committee.
2. That
Council accept the resignation from Patricia Bleakley on the Heritage House
Bangalow Section 355 Management Committee and officially thank her for her
contribution on this committee.
3. That
Council accept the resignations from Liz Caddick and Elissa Pelling on the
South Golden Beach Section 355 Management Committee and officially thank them
for their contribution of this committee.
4. That
Council accept the resignation from Gail Bridgman on the Brunswick Valley
Community Centre Section 355 Management Committee and officially thank her
for her contribution on this committee. (Woods/Cubis)
The motion was put to the vote and declared carried.
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Report No. 13.5 Proposed
CCTV system in Byron Bay - ongoing maintenance and monitoring
File No: I2015/222
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Moved: That
Council defer line item 8, within table 2 of the report: Undertake a
request for tender procurement process in accordance with the Council’s
Tendering Guidelines for the final design and installation of the CCTV camera
system, until the completion of the Byron Bay Town Centre Masterplan, due
to the following reasons:
1. The
proposed location of the CCTV camera’s all fall within the area of the
Masterplan.
2. The
development of Railway park and Apex Park as part of the Masterplan will
impact final decisions on either the need or final preferred location
of CCTV camera’s, as will possible shared zones along Jonson st.
3. The Byron Bay Town Centre
Masterplan will be considering the application of Crime Prevention Through
Environmental Design (CPTED) principles which may result in less cameras
needed or a new consideration of final locations
4. No
financial support has been received from either Byron United or The Byron
Liquor Accord and thus funds may best be obtained through grants made more
successful if coming from within a Council and community endorsed
Masterplan. (Richardson/Dey)
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15-144
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Resolved that Cr Cubis
be granted a one minute extension to his speech. (Hunter/Woods)
The motion was put to the vote and declared carried.
Cr Dey voted against the motion.
AMENDMENT
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15-145
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Resolved that Council note the report. (Cubis/Woods)
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15-146
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Resolved that Cr Richardson
be granted a one minute extension to his speech. (Woods/Cameron)
The motion was put to the vote and declared carried.
The amendment (Cubis/Woods) was put to the vote and
declared carried.
Crs Dey, Richardson, Cameron and Spooner voted against
the amendment.
The amendment became the motion.
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FORESHADOWED AMENDMENT
Moved:
1. That
Council note the report.
2. That
Council call tenders to place equipment after permanent on-going sources or
at least partnerships have been found for funding for operation of the
system.
3. That
Council advise the funding authority of this short delay. (Dey/Richardson)
The amendment (Dey/Richardson) was put to the vote and
declared lost.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted
against the amendment.
The motion (Cubis/Woods) was put to the vote and
declared carried.
Crs Richardson, Cameron and Spooner voted against the
motion.
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Staff
Reports - Sustainable Environment and Economy
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Report No. 13.8 Review
of the waiving of developer contributions for secondary dwellings
File No: I2015/200
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15-147
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Resolved that Councillors attend a workshop with
staff to consider a range of options regarding developer contributions
for secondary dwellings and the availability of lower cost housing options
such as one and two bedroom accommodations. The workshop will consider
amongst other things, including the possibility of SEPP 70:
1. s94
and s64 charges that are scaled proportionally to the cost and
impact of small secondary dwellings such as 'granny flats'.
2. Options for reducing
the minimum area required for dual occupancy (and other related
restrictions) with a view of increasing medium sized housing
stock, and Council's Rates income.
3. The
effect of applying full s64 and
s94 charges for 'Granny Flats' on the incidence of unapproved
dwellings, and the uptake by existing unapproved dwellings to council
invitations to seek approval. (Wanchap/Woods)
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15-148
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Resolved that Cr Woods be granted a one minute extension to
her speech. (Woods/Cubis)
The motion was put to the vote and declared carried.
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The motion (Wanchap/Woods) was put to the vote and declared
carried.
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Procedural
Motion
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15-149
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Resolved that Report 13.12 be lifted from the table. (Woods/Richardson)
The motion was put to the vote and declared carried.
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Report No. 13.12 PLANNING
- 10.2014.714.1 - Demolition of existing dwelling, garage, and all other
structures at 9 Station Street Bangalow
File No: I2015/219
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Moved: That pursuant to Section 80
of the Environmental Planning and Assessment Act 1979, development
application 10.2014.714.1 for demolition of existing dwelling, garage and all
other structures, be approved with the following conditions:
1)
Development is to be in accordance with approved plans
The development is to be in
accordance with plans and samples listed below:
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Plan No.
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Description
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Drawn by
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Dated:
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DAL01
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Demolition Plan
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MB
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13.11.13
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The development is also to be in
accordance with any changes shown in red ink on the approved plans or
conditions of consent.
The approved plans and related
documents endorsed with the Council stamp and authorised signature must be kept
on site at all times while work is being undertaken.
2)
Demolition work
All demolition work is to be
undertaken in accordance with Australian Standard AS 2601-1991: The
Demolition of Structures, published by Standards Australia, and as in
force at 1 July 1993.
3)
Existing trees to be retained
This consent does not authorise the
removal of any existing trees on the subject site.
4)
Removal of asbestos and other wastes
All wastes, including asbestos and lead-contaminated
wastes, associated with these works are to be handled and disposed of in
accordance with the requirements of the Work Cover Authority. The
applicant/owner is to produce documentary evidence that this condition has
been met.
All wastes
removed from the site must be managed and disposed on in accordance with NSW
DECC Waste Classification Guidelines (2008).
5)
Maintenance of sediment and erosion control measures
Sediment and erosion control
measures must be maintained at all times until the site has been stabilised
by permanent vegetation cover or hard surface.
6)
Demolition times
Demolition works must not
unreasonably interfere with the amenity of the neighbourhood. In particular
construction noise, when audible from adjoining residential premises, can
only occur:
a)
Monday to Friday, from 7 am to 6 pm.
b)
Saturday, from 8 am to 1 pm.
No demolition work to take place
on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and
the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public
Holidays.
Note: Council may impose on-the-spot
fines for non-compliance with this condition.
7)
Demolition Noise
Demolition noise is to be
limited as follows:
a)
For construction periods of four (4) weeks and under, the L10 noise
level measured over a period of not less than fifteen (15) minutes when the
construction site is in operation must not exceed the background level by
more than 20 dB(A).
b)
For construction/demolition periods greater than four (4) weeks and
not exceeding twenty‑six (26) weeks, the L10 noise level measured over
a period of not less than fifteen (15) minutes when the construction site is
in operation must not exceed the background level by more than 10 dB(A)
Note: Council may impose
on-the-spot fines for non-compliance with this condition.
8)
Signs to be erected on building and demolition sites
A sign must be erected in a
prominent position on the work site:
a)
stating that unauthorised entry to the work site is prohibited, and
b)
showing the name of the person in charge of the work site and a
telephone number at which that person may be contacted outside working hours.
Any such sign is to be removed
when the work has been completed.
9)
Prevention of water pollution
Only clean and unpolluted water
is to be discharged to Council’s stormwater drainage system or any
watercourse to ensure compliance with the Protection of Environment
Operations Act.
Note: Council may impose
on-the-spot fines for non-compliance with this condition.
10)
Site rehabilitation
Following the completion of
demolition works all temporary fencing is to be removed. The development site
is to be turfed and landscaped to the satisfaction of Council.
11)
Post demolition works
The subject site is to be maintained
in a clean and tidy manner at all times.
Notes:
Protection
of the Environment Operations Act 1997:
It is an offence under the
provisions of the Protection of the Environment Operations Act 1997 to act in
a manner causing, or likely to cause, harm to the environment. Anyone allowing
material to enter a waterway or leaving material where it can be washed
off-site may be subject to a penalty infringement notice (“on-the-spot
fine”) or prosecution.
Site fencing:
No fencing
is to be erected on the subject site without the prior consent of Council.
(Hunter/Woods)
AMENDMENT
Moved: That
report 13.12 on DA 10.2014.714.1 be deferred and considered at
Council’s next Ordinary Meeting on 30 April along with draft Consent
Conditions to enable approval.
(Dey/Ibrahim)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Dey and Cameron voted in favour of the
amendment.
Crs Cubis, Woods, Richardson, Wanchap, Spooner and
Hunter voted against the amendment.
The motion was put to the vote and declared lost.
Crs Cubis, Woods, Wanchap and Hunter voted in favour of
the motion.
Crs Ibrahim, Dey, Richardson, Cameron and Spooner voted
against the motion.
FORESHADOWED MOTION
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15-150
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Resolved that pursuant
to Section 80 of the Environmental Planning and Assessment Act 1979,
development application 10.2014.714.1 for demolition of existing dwelling,
garage and all other structures, be refused for the reasons listed in
Attachment 1. (Richardson/Spooner)
The motion was put to the vote and declared carried.
Crs Ibrahim, Dey, Richardson, Cameron and Spooner voted
in favour of the motion.
Crs Cubis, Woods, Wanchap and Hunter voted against the
motion.
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Report No. 13.13 Budget
Allocation for Traffic Study to Determine Construction Priorities on
Ewingsdale Road
File No: I2015/256
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Moved:
1. That
Council allocate a budget of $50,000 to engage a traffic consultant to:
a) Determine
the priority order for the construction of intersection upgrades on MR545;
and
b) Model
the impacts of construction of more than one roundabout at a time on
Ewingsdale Road; and
c) Investigate
the need for a roundabout at the intersection of Kendall Street and
Ewingsdale Road; and
d) Model
the impact of the rezoning proposal for seniors living and commercial
development at Ewingsdale on the intersections of William Flick
Lane/Ewingsdale Road and McGettigans Lane/Ewingsdale Road and determine the
timing of construction for the infrastructure to service this
development. Model the impact of this development on the function of
MR545.
2. That
budget be made up of section 94 funds with $30,000 taken from the Byron Bay
Urban Roads account and $20,000 from the Plan Administration Fund.
3. That the proponents of the
rezoning proposal for seniors living and commercial development at Ewingsdale
be required to contribute to the cost of item (d) as a fee payable for costs
and expenses of a study by a relevant planning authority under clause 11 of
the Environmental Planning and Assessment Regulation 2000 and Council’s
Fees and Charges 2014-2015. Staff to determine an appropriate fee amount and
advise the proponents accordingly. (Dey/Woods)
AMENDMENT
Moved: That
Council prioritise intersection upgrades at Broken Head Road and Clifford
Street first and Ewingsdale Road and Bayshore Drive second, as seen in Table
8 of the report.
(Richardson/Cameron)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Dey, Cubis, Woods, Wanchap and Hunter
voted against the amendment.
The motion was put to the vote and declared lost.
Crs Ibrahim, Cubis, Woods, Richardson, Cameron,
Wanchap, Spooner and Hunter voted against the motion.
FORESHADOWED MOTION
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15-151
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Resolved:
1. That
Council allocate a budget of $50,000 to engage a traffic consultant to:
a) Determine
the priority order for the construction of intersection upgrades on MR545;
and
b) Model
the impacts of construction of more than one roundabout at a time on
Ewingsdale Road; and
c) Investigate
the need for a roundabout at the intersection of Kendall Street and
Ewingsdale Road; and
d) Model
the impact of the rezoning proposal for seniors living and commercial
development at Ewingsdale on the intersections of William Flick
Lane/Ewingsdale Road and McGettigans Lane/Ewingsdale Road and determine the
timing of construction for the infrastructure to service this development.
Model the impact of this development on the function of MR545.
2. That
budget be made up of section 94 funds with $30,000 taken from the Byron Bay
Urban Roads account and $20,000 from the Plan Administration Fund. (Ibrahim/Cubis)
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15-152
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Resolved that Cr Cameron be granted a two minute extension
to his speech.
(Richardson/Woods)
The motion was put to the vote and declared carried.
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The motion (Ibrahim/Cubis) was put to the vote and
declared carried.
Crs Dey, Richardson, Cameron and Spooner voted against
the motion.
Reports
of Committees - Infrastructure Services
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Report No. 14.1 Report
of the Community Infrastructure Advisory Committee Meeting held on 5 March
2015
File No: I2015/218
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15-153
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Resolved that Council note the minutes of the
Community Infrastructure Advisory Committee Meeting held on 5 March
2015. (Richardson/Cameron)
The motion was put to the
vote and declared carried.
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15-154
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Resolved that Council
adopt the following Committee Recommendation:
Report No. 5.1 Proposed Community
Infrastructure Advisory Committee Meeting dates for 2015
File No:
I2015/21
Committee Recommendation 5.1.1
That the
Community Infrastructure Advisory Committee meets on the following dates and
times:
· Thursday
7 May 2015 at 2.00pm
· Thursday
10 September 2015 at 2.00pm
· Thursday
3 December 2015 at 2.00pm (Richardson/Cameron)
The motion was put to the
vote and declared carried.
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15-155
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Resolved that Council
adopt the following Committee recommendation:
Additional Item Roadside Weed
Management
Committee
Recommendation 5.1.2
That Council:
1) Note the Discussion Paper (E2015/14133) on roadside
weed management.
2) Convene a meeting of interested stakeholder
groups and individuals to
consider the paramount
question.
3) Review the Roadside Vegetation
Management Plan (RVMP), including to:
a) identify effectiveness of control methods and
identifying opportunities for costs saving through better targeting of control
methods.
b) identify opportunities for better
coordination of stakeholders to increase area of roadside under
sustainable weed management control.
4) Receive
a report via the Committee on public liability, risk management and other
issues associated with support of voluntary groups, as outlined in the Discussion
Paper.
(Richardson/Cameron)
The motion was put to the
vote and declared carried.
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15-156
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Resolved that Council adopt the following
Committee recommendation:
Additional Item - Marshalls Creek
Committee Recommendation 5.1.3
That Council note the Discussion
Paper presented to the CIAC (E2015/14756) and collaborate with NPWS about
possible canoe access and launching locations on Marshalls Creek at Ocean
Shores and New Brighton. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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15-157
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Resolved that Council
receive a report on bus set down and pick up options at the Byron Bay
Memorial Swimming Pool. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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15-158
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Resolved that Council
note advice from Bus Operators of increasing traffic congestion and disruption
to services along Broken Head Road, between Suffolk Park and Byron Bay, and
that:
1. this
be considered in future planning e.g. traffic, cycling, capacity etc; and
2. the
Committee receive a further report on issues raised. (Richardson/Cameron)
The motion was put to the
vote and declared carried.
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Confidential
Reports - Sustainable Environment and Economy
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Report No. 16.1 Confidential - Unlawful development,
North Head Road, New Brighton
File No: I2014/177
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15-159
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Resolved:
1. That
pursuant to Section 10A(2)(b) and (g) of the Local Government Act, 1993,
Council resolve into Confidential Session to discuss the report Unlawful
Development, North Head Road, New Brighton.
2. That
the reasons for closing the meeting to the public to consider this item be
that the report contains:
a) discussion
in relation to the personal hardship of a resident or ratepayer
b) advice
concerning litigation, or advice as comprises a discussion of this matter,
that would otherwise be privileged from production in legal proceedings on
the ground of legal professional privilege
3. That
on balance it is considered that receipt and discussion of the matter in open
Council would be contrary to the public interest, as:
disclosure of the confidential
information could disclose matters and information going to the personal
hardship of a resident and/or ratepayers and would disclose advice sought and
given which would otherwise be privileged from production in legal
proceedings on the ground of legal professional privilege.
4. That in accordance with Sections
10A(4) of the Local Government Act 1993, that the Chairperson allow
members of the public to make representations as to whether this part of the
meeting should be closed. (Woods/Richardson)
The motion was put to the
vote and declared carried.
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15-160
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Resolved that Council
defer this matter to allow councillors to have a workshop to discuss:
a) the merits or
otherwise of attempting enforcement action regarding the subject holdings
b) implications
of the zone 7(f1) having been identified by the NSW Minister of Planning as
DM “Deferred Matter” in BLEP 2014 as it is not known at this
point in time if the outcomes of the Ministerial process will offer any
opportunities for the current development and uses of these lands to become
lawful. (Wanchap/Woods)
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Cr Cubis left the meeting
at 4.07pm and did not return.
AMENDMENT
Moved:
1. That
Council institute the processes to issue all property owners the subject of
this report with Orders to cease the use; to demolish and remove unlawful
structures.
2. That
if the orders are not complied with, Council commence Class 4 civil proceedings
in the NSW Land and Environment Court seeking orders in each case restraining
the respondents from using or permitting the use of, the dwelling houses and
related structures and the tourist facility that have been erected without
development consent.
3. That
in recognition that there may be some hardship, Council should concede a stay
of the operation of the orders:
i) for
the property where the unlawful dwelling is the owners principal place of
residence, a period of 2 years;
ii) for
all other properties, a period of 6 months. (Dey/Cameron)
The amendment was put to the vote and declared lost.
Crs Ibrahim, Woods, Richardson, Wanchap, Spooner and
Hunter voted against the amendment.
The motion was put to the vote and declared carried.
Cr Dey voted against the motion.
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There being no further business the meeting concluded at 4.40pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 30 April 2015.
….…………………………
Mayor Simon Richardson
