Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 21 May 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 30 April 2015

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion and Rescission

9.1       Financial Assistance Grants to Local Governments......................................................... 5

9.2       CZMP end date................................................................................................................. 7

9.3       Flying Fox Camp Interim Actions...................................................................................... 9

9.4       Caravan Park Booking Rules.......................................................................................... 15

9.5       Coastal Zone Management Plan Byron Bay Embayment (Part 8, 15-139)................... 18

10.  Petitions

11.  Submissions and Grants

12.  Delegates' Reports  

13.  Staff Reports

Corporate and Community Services

13.1     Mayoral and Councillor Fees 2015/2016........................................................................ 19

13.2     Council Resolutions Review January to March 2015..................................................... 22

13.3     Draft Sustainable Community Market Policy - Public Exhibition................................... 25

13.4     Reclassification of Land at Belongil from Community Land to Operational Land.......... 47

13.5     Budget Review  - 1 January 2015 to 31 March 2015..................................................... 53

13.6     Council Investments April 2015....................................................................................... 86

13.7     Approval to write-off Bad Debt - Advanced Underground Technologies....................... 92

Sustainable Environment and Economy

13.8     Voluntary Visitor Contribution Fund - Update and Recommendations for 'Stage 2'...... 95

13.9     PLANNING - Development Application 10.2014.742.1 - Demolition of existing single-storey motel building. Erection of a three (3) storey motel accommodation building plus two (2) levels of basement parking - 33 Lawson Street, Byron Bay ....................................................................... 112

13.10   Compliance process to address non-compliance with requirement for culvert creek crossing and access approaches at 220 Fowlers Lane Bangalow..................................................... 139

13.11   PLANNING - S96 10.2013.587.2 to delete condition 54 in relation to future lease arrangments (Mercato) 98-114 Jonson Street Byron Bay................................................................. 147

13.12   PLANNING - S96 10.2013.587.3 to modify conditions relating to signage, amenity of neighbourhood, availability of parking, traffic, construction staging, roof height, stormwater, site waste management, flood planning, pipelines landscaping, excavation, public stafety, water pollution, public art and services at 98-110 Jonson Street Byron Bay............................................................... 156

13.13   PLANNING - Planning Proposal for finalisation of reclassification of Lot 530 DP 238451 Orana Road Ocean Shores .............................................................................................................. 175

13.14   PLANNING - West Byron Draft Development Control Plan (DCP) Update................ 186

13.15   PLANNING - Streamling Development Application determinations............................. 191

Infrastructure Services

13.16   Pay Parking - Byron Bay Parking Study ..................................................................... 196

13.17   Fate of Effluent at Belongil............................................................................................ 216   

14Questions With Notice

Nil   

15.  Confidential Reports

Infrastructure Services

15.1     Confidential - Contract 2015-003 Ocean Shores Water Reticulation Renewal - Yallakool/Jarrah/Goondoloo.......................................................................................... 219

15.2     Confidential - Proposed Belongil Interim Beach Access Stabilisation Works Update 221  

 

 

 

 

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director or 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     Financial Assistance Grants to Local Governments

File No:                                  I2015/367

 

  

 

I move that Council

 

a)      Acknowledges the importance of federal funding through the Financial Assistance Grants program for the continued delivery of council services and infrastructure;

b)      Acknowledges that the council will receive $2,611,214 in 2014-15; and

c)      Will ensure that this federal funding, and other funding provided by the Federal Government under relevant grant programs, is appropriately identified as Commonwealth grant funding in council publications, including annual reports.

 

 

 

Councillor’s Background Notes:

 

FAGs are a vital part of the revenue base of all councils, and this year councils will receive $2.3 billion from the Australian Government under this important program.

 

The Government's decision in the 2014 Federal Budget to freeze the indexation of FAGs for three years beginning in 2014-15 will unfortunately cost councils across Australia an estimated $925 million by 2017-18.

 

ALGA and the state local government associations are seeking the support of Council for advocacy to have the Federal Government reverse the decision to freeze the indexation of FAGs.

 

While the FAGs are paid through each state's Local Government Grants Commission, the funding originates with the Commonwealth and it is important it is recognised as such. Council, and every other council in Australia, have been asked to pass a resolution acknowledging the importance of the Commonwealth's Financial Assistance Grants in assisting Council to provide important community infrastructure.

 

Council is also being asked to acknowledge the receipt of Financial Assistance Grants from the Commonwealth in media releases and council publications, including our annual report, and to highlight to the media a council project costing a similar size to the FAGs received by Council so that the importance and impact of the grants can be more broadly appreciated.

 

Recommended priority relative to other Delivery Plan tasks:

 

N/A

 

Definition of the project/task:

 

Acknowledge the importance of Financial Assistance Grants and identify Commonwealth grant funding in council publications, including annual reports.

 

Source of Funds (if applicable):

 

N/A

 

Signed:   Cr Simon Richardson

Management Comments by Mark Arnold, Director Corporate and Community Services

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

 

Clarification of project/task:

 

The President of Local Government NSW and the President of the Australian Local Government Association (“ALGA”) have jointly written to each Council requesting the support of Council for the ALGA campaign to have the indexation for Financial Assistance Grants (“FAGs”) restored.

 

The Commonwealth as part of the 2014/15 Budget process made the decision to freeze indexation of the FAGs. This decision has had the effect of severely restricting the ability of Local Government to fund adequate levels of infrastructure in communities’ right across Australia. These untied Grants are currently valued at $2.3 billion, but the Federal Government has frozen them at 2014/15 levels, which will result in a permanent 13% reduction in the FAGs base.

 

The Notice of Motion has been prepared to enable Council to pass a Resolution that acknowledges the importance of the FAGs, acknowledges the receipt of the FAGs in media releases, annual reports and other Council publications and to enable Council to support the ALGA campaign, by raising awareness of the importance of  FAGs to the wider community, including local Federal MPs and Senators.

 

Director responsible for task implementation:

 

Director Corporate and Community Services

 

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

 

No impact.

 

Financial and Resource Implications:

 

The draft 2015/16 Budget has been prepared with the forecast revenue from FAGs being maintained at the 2014/15 level of $2,611,200.

 

The impact of the Federal Government decision for the 2015/16 Financial Year, is estimated at between $60,000 and $65,000. Based on the projected impact, of 13% over the period of the indexation freeze, this would result in an amount of approximately $339,500 in revenue not being realised by Council, and not being part of the FAGs base, when indexation is scheduled to be reintroduced.

 

Legal and Policy Implications:

 

No Legal or Policy implication.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     CZMP end date

File No:                                  I2015/378

 

  

 

I move that Council, in relation to preparing the Coastal Zone Management Plan for the Byron Bay Embayment: 

1.       Write immediately to the NSW Minister for the Environment Mark Speakman (also Assistant Minister for Planning) to convey the challenges facing Council in meeting the current 30 June 2015 deadline for completion of the draft CZMP for the BBE;

2.       Write again to the Minister after (i) the time-frame for completing the management study is clarified by consultant and (ii) key milestone dates for preparing, exhibiting and then submitting the draft CZMP have been determined by staff, seeking an extension of the date by which the draft CZMP must reach him; 

3.       Note the difficulties encountered to date concerning the management study phase of the CZMP, and the importance that any extension requested reflect conservative estimates for completing key milestones.

 

 

 

 

Councillor’s Background Notes:

 

 

Council supported 8-part Resolution 15-139 on 9 April rather than a 6-part amendment that included, amongst other things, the second half of part 4 about writing to the newly appointed Minister for the Environment requesting a further extension. 

Since then staff responded to a Question with Notice to our meeting of 30 April that the Minister’s current time-frame of 30 June 2015 “can not be met”. 

While in that Ministry prior to the recent state election, former Minister Stokes had said that his government would reform coastal planning in its second term and implied that extending CZMPs that are under Ministerial Direction would be difficult beyond 30 June 2015. 

Rather than carry on regardless and be hit later from left field, it seems wise to seek direction on the matter.  In fact, without such direction Council continuing to fund preparation of the CZMP may be a waste – the new Direction may require its preparation to different standards. 

 

Recommended priority relative to other Delivery Plan tasks:

This task is not onerous or time consuming.  Hence it should not displace much other work.  The information sought is likely to affect the direction of future work on the CZMP. 

 

Definition of the project/task:

 

Write to the Minister now, and again when Council is aware of the time-frame it requires to prepare the CZMP under the current (about to expire) Direction from the Minister. 

 

Source of Funds (if applicable):

 

Funds already set aside for coastal management. 

 

 

Signed:   Cr Duncan Dey

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

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

 

Clarification of project/task:

 

Staff are to immediately write to the Minister for the Environment and convey the following:

 

          1.       The challenges facing Council in meeting the current 30 June 2015 CZMP deadline,                 which have arisen, largely, as a result of the OEH comments on the cost benefit                        analysis (CBA) and determining an appropriate response to the OEH comments.

 

          2.      That due to delays, an extension to the date to submit the draft CZMP BBE is                   requested. That the revised date put forward for consideration is informed by clarification of the timeframe to complete the management study, in addition to

                   realistic and conservative estimates for completing key CZMP BBE milestones.

 

Director responsible for task implementation:

 

Director Sustainable Environment and Economy

 

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

 

Relates to high priority project, being the preparation of the draft CZMP BBE. The necessary information for estimating the timeframes for preparing the draft CZMP BBE is available and as a matter of course, the CZMP BBE timeframes are being revised and updated on a regular basis.

 

Financial and Resource Implications:

 

Minimal staff resources will be required to prepare the letter.

 

Legal and Policy Implications:

 

Council is under a Ministerial Direction to submit the CZMP by 30 June 2015. The Direction is under section 55B of the Coastal Protection Act 1979 (CP Act). In accordance with the CP Act, if Council fails to comply with section 55B then the Minister may:

 

55B Requirement for coastal zone management plans(relevant part only)

(7) If a council fails to comply with this section, the Minister may:

(a) review the council’s existing plan and make a new plan to replace that existing plan, and

(b) recover from the council the costs of doing those things, and

(c) publish the new plan in the Gazette.

Such a new plan is taken to have been made by the council in accordance with this Part.

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Flying Fox Camp Interim Actions

File No:                                  I2015/380

 

  

 

I move that Council:

1.       Acknowledge that there are conflicts (noise, smell) between residential amenity and activity in flying fox camps in at least three urban locations of the Shire; 

2.       Acknowledge that one such colony (Pine / Palm Avenues in Mullumbimby) resides in a recently planted Crown Reserve under Council control; 

3.       Consider and undertake any short-term works or measures that (i) do not threaten the species, and (ii) may ameliorate the impacts of the camp on neighbouring residents at Pine / Palm Avenues in Mullumbimby; and 

4.       Consider and report on similar measures and on the need for Camp Management Plans for camps at Eltham Place in Bangalow and at Beech Drive in Suffolk Park.  

 

 

Attachments:

 

1        Briefing Note - Flying Fox Colonies, e2015/26843 , page 13  

 

 

Councillor’s Background Notes:

Issues at Pine / Palm Avenues have grown as the colony there has grown, from about 300 flying foxes a few years ago to a last estimate of 5,000.  Pre-dawn noise was recorded this year at 75 decibels, by a local resident proficient at such measurement.  Residents are distraught at being unable to sleep and at living in houses with the stench of such a colony. 

In addition, entry to the planted rainforest area nearby is said to be limited by flying fox mess on the forest floor. 

Other colonies are known at Beech Drive in Suffolk Park and at Eltham Place in Bangalow. 

Council Resolution 15-181 of 30 April allocated $20,000 in the draft budget for 2015-16 to "prepare Plan(s) of Management for bat colony(s)"

The state government is familiar with the issue from other camps that gave rise to conflicts at places such as Maclean and has recently issued its Flying-fox Camp Management Policy.  This can be seen at: 

http://www.environment.nsw.gov.au/threatenedspecies/flyingfoxcamppol.htm

The Policy states: 

The Flying-fox Camp Management Policy 2015 empowers land managers, primarily local councils, to work with their communities to manage flying-fox camps effectively.  It provides the framework within which the Office of Environment and Heritage (OEH) will make regulatory decisions.  In particular, the policy strongly encourages local councils and other land managers to prepare camp management plans for sites where the local community is affected. 

Management of flying-foxes also requires recognition that, as native fauna, they are protected in NSW under the National Parks and Wildlife Act 1974 (NPW Act) and, in the case of the Grey-headed flying-fox, under the Threatened Species Conservation Act 1995 (TSC Act) and the Environment Protection and Biodiversity Conservation Act 1999 (Cwth). 

The Flying-fox Camp Management Policy 2015 differs from the previous 2007 policy in its focus on minimising the impacts of camps on people; its longer-term approach to camp management and streamlining of licensing; and its acknowledgement that camp dispersal may be a successful way of removing impacts on local communities. 

Residents in Mullumbimby support the spirit of the Policy, which is designed to ameliorate the impacts without harming the animals.  They have suggested ideas like establishing a buffer by selective tree trimming, to be done over winter while the animals are away.  Trimming and other measures can be considered through a Plan of Management (PoM) process that I hope will occur next financial year but some works or measures may be possible sooner.  The Motion is intended to have this possibility explored. 

The above-mentioned website goes on to say: 

Flying-foxes are increasingly moving into urban areas in search of food and shelter, as a result of destruction of their natural habitat.  This can sometimes be problematic for local residents, because of concerns about flying-fox camp health and amenity impacts.  Because the grey-headed flying-fox is listed as a threatened species in NSW, approval is required to disturb or relocate flying-foxes.  The Living with grey-headed flying-foxes fact sheet suggests some simple measures that the community can take to minimise conflict when they are living close to a flying-fox camp. 

The link to that fact sheet is: 

http://www.environment.nsw.gov.au/resources/animals/130272livflyfox.pdf

Council staff have also issued a Briefing Note (E2015/26843) and 4-page pamphlet entitled “Flying-fox camps in Byron Shire”. PLEASE APPEND

 

Recommended priority relative to other Delivery Plan tasks:

These tasks require priority because camp occupation decreases briefly in the cool months.  Works and measures would be aimed at amelioration for next summer, which residents anticipate will be worse than this year.  Timing is therefore an issue. 

I ask staff to advise on how to achieve this task and timing. 

 

Definition of the project/task:

Acknowledge conflict in at least three locations in the Shire; acknowledge that Council is the relevant land manager at the colony in Mullumbimby; consider and undertake relevant works or measures; consider and report on at least two other camps in the Shire. 

Source of Funds (if applicable):

These tasks require funding to commence in this financial year. 

I asked staff to advise on how to achieve this. 

 

Signed:   Cr Duncan Dey

 

 

Management Comments coordinated between Sustainable Environment and Economy, and Infrastructure Services:

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

 

Clarification of project/task:

The NOM seeks to acknowledge conflict caused by flying fox camps in at least three locations in the Shire; acknowledge that Council is the relevant land manager at the colony in Mullumbimby; consider and undertake relevant works or measures that do not threaten the species, and may ameliorate the impacts of the camp on neighbouring residents at Pine / Palm Avenues in Mullumbimby; consider and report on similar measures and the need for Camp Management Plans for camps at Eltham Place in Bangalow and at Beech Drive in Suffolk Park. 

 

The Mullumbimby camps occur over various land tenures including Council managed, crown waterways and private land therefore Council is the relevant land manager for part of the land the camps occupies. Staff have notified crown land of the flying fox camp location and requested their involvement in the development of the Flying-fox Management Plan.

 

Staff have previously identified interim vegetation management works that could be undertaken on Council owned land at Bangalow involving the trimming or removal of camphor laurel adjacent to the most heavily impacted residents at Burrawan Place. The Bangalow camp has recently dispersed and staff will seek quotes for these vegetation management works. These will be undertaken subject to available funds.

 

Staff are currently considering any interim works that could be undertaken on Council managed land in Mullumbimby, in consultation with Office of Environment and Heritage. The location of this camp, being riparian land containing predominantly native vegetation, makes management of this site more complex. Staff have met with the most affected residents in Palm Ave to discuss possible interim works.

 

Director responsible for task implementation:

 

Director Sustainable Environment and Economy

Director Infrastructure Services

 

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

 

A budget has been allocated towards the development of a Flying-fox Management Plan in the 2015/16 financial year. The development of a Flying-fox Management Plan will identify and consider management options available in detail. Undertaking any interim works prior to the Plans completion will be subject the required assessments and approvals relating to vegetation removal and budget availability.

 

Financial and Resource Implications:

The Bangalow camp has moved allowing some interim vegetation management works (pre development of a Flying Fox Management Plan).  At the time of responding to this NOM quotes were being sought for this work.  In the absence of a quote it is not yet known if available funds will cover all or only some of the interim vegetation management works.

At this stage the flying foxes are still in residence at the Mullumbimby camp, therefore limiting the ability to undertake interim vegetation management works. Works may also be required on private property.  The meeting held mid May with key local residents and Council staff will provide a better understanding of the quantum of possible interim vegetation management works should the camp vacate over winter.

There is currently very little funding available for short term vegetation management works in the 2014/15 financial year. There is no discreet allocation of funding for this task in the 2015/16 financial year so if works were to occur they would need to be undertaken using funds from other budgets, which would impact on delivery of other programs such as the removal of dead, dangerous and dying trees, and management of bush fire asset protection zones. 

 

Legal and Policy Implications:

 

Flying fox camps in the Shire are occupied by two species - the black flying fox and grey headed flying fox. Both species are protected under the National Parks and Wildlife Act 1974, and the grey headed flying fox is listed as a threatened species under the Threatened Species Conservation Act 1995 and the Environment Protection and Biodiversity Conservation Act 1999.

 

Given the protection afforded to flying foxes any works which disturb or impact on their habitat requires approval from the NSW Office of Environment and Heritage (OEH). To facilitate this process OEH have a flying-fox camp management policy. A new policy has recently been adopted and differs from the previous policy in its focus on minimising the impacts of camps on people and its longer-term approach to camp management and streamlining of licensing.

In order gain approval for works which disturb or harm flying-foxes, or their habitat, landowners are required to prepare a flying-fox management plan which then facilitates the issuing of the relevant license to implement actions in the management plan.

 

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                           9.3 - Attachment 1

Briefing Note – Flying Fox Colonies – Mullumbimby  and Bangalow

Council has recently received a number of complaints regarding the flying fox camp along Chinbible Creek in Mullumbimby and Paddy’s Creek Reserve, Bangalow.

Staff have been monitoring both camps since 2010 when a small number of flying foxes were observed using the trees. Both camps has significantly increased in size and location since then and is causing concerns to nearby residents.

Staff have responded to recent enquires on both of these camps and have meet with residents to discuss their concerns.

Monitoring has shown that the camp numbers significantly reduce or move completely in the winter period.  Staff will be monitoring the camp to determine the flying foxes movements over the winter period and will look for opportunities to undertake some interim vegetation management works eg. trimming of trees such as were trees overhang private property.

Both camps are occupied by two species of flying fox - the black flying fox and grey headed flying fox. Both species are protected under the National Parks and Wildlife Act 1974, and the grey headed flying fox is listed as a threatened species under the Threatened Species Conservation Act 1995 and the Environment Protection and Biodiversity Conservation Act 1999 (Cwth).

Given the protection afforded to flying foxes any works which disturb or impact on their habitat requires approval from the NSW Office of Environment and Heritage (OEH). To facilitate this process OEH have a flying-fox camp management policy. A new policy has recently been adopted and differs from the previous policy in its focus on minimising the impacts of camps on people and its longer-term approach to camp management and streamlining of licensing.

In order gain approval for works which disturb or harm flying-foxes landowners are required to prepare a flying-fox management plan. In regard to these management plans the policy states:  

Camp management plans are generally prepared by local government or public authorities who manage land, and set out the short-term, medium-term and long-term strategy for the management of specific flying-fox camps. They provide strategic guidance on managing flying-fox camps that is consistent with relevant policy and legislative provisions. Camp management plans should consider the full range of available options, following the hierarchy of options outlined in Section 3, and seek to balance community concerns with environmental outcomes and neighbourhood amenity. Plans should also include contingencies to manage unsuitable new camps. The camp management plan should be aligned with the community engagement strategy, and be publicly exhibited.

The full policy can be accessed at http://www.environment.nsw.gov.au/threatenedspecies/flyingfoxcamppol.htm

The management of the Mullumbimby camp is made more complex as it occurs over various land tenure including Council, crown and private land, and also includes native riparian vegetation of high conservation value. All stakeholders will need to be involved in the planning process to ensure a successful outcome.

The Bangalow camp is entirely on Council owned land.

Staff are currently liaising with the Office of Environment and Heritage and Crown lands to determine resource requirements and the process for the development of a flying fox camp management plan.

Staff will contact residents prior to the development of a management plan to ensure adequate community consultation occurs.

Attached is an information sheet about flying foxes in Byron Shire, and also includes a list of references and further reading.

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Caravan Park Booking Rules

File No:                                  I2015/390

 

  

 

I move that Council: 

1.       Acknowledge the value of seasonally adjusting fees for accommodation in Caravan Parks such as First Sun and Suffolk Park and recognise the rationale behind price tables such as is proposed  for 2015-16 in our Fees & Charges documents.

2.       Receive a report on the various “rules” used for bookings, including those expressed in the draft 2015-16 Fees & Charges documents. 

3.       That Park operators be invited to outline and explain the system and its philosophy to Councillors, during the public exhibition period of the 2015-16 budget documents. 

 

 

Attachments:

 

1        Extract from Draft 2015/16 Revenue Policy, e2015/28773 (provided under separate cover)  

 

 

Councillor’s Background Notes:

When one books accommodation in a popular caravan park in Australia, for at a busy time (eg a Saturday night during school holidays) one must book for several days surrounding the time for which the accommodation is actually sought.  This rule is known as “minimum stay”. 

At its meeting of 30 April, Council adopted for exhibition the Fees & Charges in Attachment 2 to Report 13.3.  This included F&C for Council’s two caravan parks (“First Sun” and “Suffolk Beachfront”).  The section at pages 41 to 54 of the F&C document covers the various prices.  Seasons are Peak, High, Shoulder and Low. 

Page 41 shows Suffolk with a general minimum 2 night stay for its tents, caravans and sites.  Page 42 shows First Sun with a minimum of 3 nights for cabins.  Other minimum stay rules are flagged but not written on Pages 43 to 46.  Schoolies has a minimum stay of 7 nights in either Park.  The same 1 week rule applies for on-site accommodation in school holidays, as shown on Page 48. 

Page 49 indicates a minimum 2 week stay for sites during Christmas school holidays. 

Discounts for extended stays and specials can also be granted at the Park Manager’s discretion as described on Page 48. 

I recognise that these fee structures are standard industry practice and are a way of sharing a limited resource at highly sought-after times.  The alternative and normal capitalist way of managing demand is to raise price.  The minimum stay rule is effectively a price surcharge, for anyone not wanting to stay for that extended period.  It would thus have the effect of subsidising long-stay guests, at the expense of potentially shorter stay patrons. 

I believe this prejudice should at least be examined and justified, hence the Motion above.

 

Recommended priority relative to other Delivery Plan tasks:

 

The discussion proposed under Part 3 of the Motion is to enable Council to reconsider the matter now, with more information, and to at least enable an informed submission to the F&C exhibition.  It’s timing is thus important. 

Part 2 of the Motion could happen later, in time for the drafting of next year’s budget. 

 

 

Definition of the project/task:

 

Acknowledge the current arrangements for Caravan Park rules; receive a report on them; hold an early discussion on the principles behind them. 

 

Source of Funds (if applicable):

 

Part 2 requires funding in this financial year, part 3 in the next financial year. 

I ask staff to advise on how to achieve this. 

 

Signed:   Cr Duncan Dey

 

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

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

 

Clarification of project/task:

 

1. Provide a report to Council outlining the ‘rules’ used for bookings at Council’s two holiday parks as outlined in the 2015/2016 Draft Fees and Charges.

 

2. That during the exhibition period of the 2015-2016 budget documents, Council’s holiday park manager meet with Councillors to outline and explain the booking system and its philosophy to Councillors.

 

Director responsible for task implementation:

 

Director Corporate and Community Services

 

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

 

This matter was initially discussed at a recent strategic planning workshop briefing with Councillors on the draft 2015/2016 Operational Plan, Budget Estimates and Statement of Revenue Policy prior to Council considering and adopting the draft documents for public exhibition at its Ordinary Meeting held on 30 April 2015.

 

It was the understanding of staff given the views of Councillors that this matter would be reconsidered as part of the 2016/2017 Operational Plan, Budget Estimates and Statement of Revenue Policy process.  In that regard, this Notice of Motion was not anticipated and if part 2 of the Motion is to provide a report to inform the 2016/2017 fees/charges and ‘booking rules’ it is the view of staff that part 3 of the Motion should be done at the same time to assist Councillors consideration of the report.  If part 3 of the Motion is done now then it is likely the information provided would need to be done again when dealing with part 2 in preparation of the 2016/2017 documents.

 

Council have adopted the existing ‘booking rules’ as part of resolution 15-181 for the purposes of public exhibition along with all other fees and charges for Council.  In passing that resolution, Council did not indicate that it wanted to change the ‘booking rules’ to apply for 2015/2016.

 

Financial and Resource Implications:

 

Part 2 of this Notice of Motion would be incorporated into the normal cycle of preparing the 2016/2017 Statement of Revenue Policy so would be met from allocated resources at that time.

 

Part 3 would require confirmation with the Park Managers as to their availability during the exhibition period and it would be assumed the meeting would have to occur at a Council workshop session if one is available.  This may be difficult to co-ordinate in the timeframe requested. 

 

Staff  based on the current work program and focus on other Finance projects such as the Fit for Future submission, which are required to be completed by 30 June 2015, would if required to facilitate part 3 of this motion in the timeframe required by the Notice of Motion,  have a number resourcing conflicts, and on this basis recommend that both part 2 and 3 be undertaken in the preparation of the 2016/17 Fees and Charges.

 

Staff have previously recommended that the review and report required should be included as an action in the 2015/16 Financial Sustainability Plan.

 

Legal and Policy Implications:

 

The annual determination of fees and charges plus the ‘booking rules’ of Council’s holiday parks are a matter for Council based on recommendation from staff and consideration of public submissions (if any) like any other fee or charge contained in Council’s Statement of Revenue Policy. In this regard Section 405 of the Local Government Act 1993.

 


BYRON SHIRE COUNCIL

Notices of Motion and Rescission                                                                                   9.5

 

 

Notice of Rescission Motion No. 9.5         Coastal Zone Management Plan Byron Bay Embayment (Part 8, 15-139)

File No:                                                          I2015/381

 

  

 

We move that Council rescind Part 8 of Resolution No. 15-139 from its Ordinary meeting held on 9 April 2015 which reads as follows:

 

15-139 Resolved:

 

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).

 

 

 

Signed:   Cr Diane Woods

Cr Chris Cubis

Cr Rose Wanchap

 

w      


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Mayoral and Councillor Fees 2015/2016

Directorate:                 Corporate and Community Services

Report Author:           Joylene McNamara, Senior Administration Officer

File No:                        I2015/210

Theme:                         Corporate Management

                                      Administrative Services – Councillors

 

 

Summary:

 

The Local Government Remuneration Tribunal has handed down its report and determinations on fees for Councillors and Mayors for the 2015/2016 Financial Year.

 

  

 

RECOMMENDATION:

1.       That Council fix the fee payable to each Councillor under Section 248 of the Local Government Act 1993 for the period 1 July 2015 to 30 June 2016 at $18,380.

 

2.       That Council fix the fee payable to the Mayor under section 249 of the Local Government Act 1993, for the period from 1 July 2015 to 30 June 2016 at $40,090.

 

3.       That Council in accordance with its current practice not determine a fee payable to the Deputy Mayor.

 

 

 

Attachments:

 

1        2015 Remuneration Tribunal Determination, E2015/26990 (provided under separate cover)  


 

Report

 

Each year, the Local Government Remuneration Tribunal must determine, in each of the categories determined under section 239, the maximum and minimum amounts of fees to be paid during the following year to councillors and mayors.

 

The Remuneration Tribunal has determined the maximum and minimum amounts of fees to be paid during the 2015/2016 financial year.  Byron Shire Council is categorised as a Regional Rural council and the appropriate fee range is as follows:

 

Councillor/Member

Annual Fee

Mayor/Chairperson

Additional Fee*

Category

Minimum

Maximum

Minimum

Maximum

Regional Rural

8,330

18,380

17,740

40,090

          * This fee must be paid in addition to the fee paid as a Councillor (s249(2)).

 

Currently the annual fees payable to Councillors and the Mayor for the 2014/2015 financial year are fixed at $17,930 per annum for a Councillor with an additional fee of $39,110 for the Mayor.

Having regard to submissions received and to comments made by the Associations and individual councils with respect to the level of fees, the Tribunal considered that an increase of 2.5 per cent in the fees for Councillors and Mayors as being appropriate for the current year.

 

A full copy of the Report and Determination of the Local Government Remuneration Tribunal is provided under separate cover as attachment to this report and is also available at:

 

http://www.remtribunals.nsw.gov.au/local-government/current-lgrt-determinations

 

Financial Implications

 

Councillors and Mayoral fees presently paid

 

          $17,930 each x 9                                  =            $161,370

          Plus Mayor additional fee                     =            $  39,110

 

          Total Paid                                                           $200,480

 

Councillors and Mayoral fees 2015/2016 increased to maximum set by the Tribunal

 

          $18,380 each x 9                                  =            $165,420

          Plus Mayor additional fee                     =            $  40,090

 

          Total Paid                                                           $205,510

 

The draft 2015/16 Budget includes a total allocation of $208,500 for Councillor Fees and the Mayoral Allowance.

 

          Allowance for Deputy Mayor

 

Section 249 (Clause 5) of the Local Government Act, states that:

 

“A council may pay the deputy Mayor (if there is one) a fee determined by the council for such time as the deputy Mayor acts in the office of the Mayor.  The amount of the fee so paid must be deducted from the Mayor’s annual fee.”

As stated in the above clause, Council is not bound to set a fee, but if it so chooses must deduct that sum from the amount available under the Mayoral allowance.

 

Current practice is that an acting period for Deputy Mayor would apply only in instances where the Mayor has leave of absence endorsed by Council and any pro rata fees would be deducted from the Mayoral allowance where agreed on a case by case basis in accordance with Section 249 of the Local Government Act 1993.

 

Statutory and Policy Compliance Implications

 

Section 248 of the Local Government Act 1993 states:

 

1.       A council must pay each Councillor an annual fee.

2.       A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

3.       The annual fee so fixed must be the same for each Councillor.

4.       A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

 

Section 249 of the Local Government Act also states (in the case of the Mayor)

1.       A council must pay the Mayor an annual fee.

2.       The annual fee must be paid in addition to the fee paid to the Mayor as a Councillor.

3.       A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

4.       A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

5.       A council may pay the Deputy Mayor (if there is one) a fee determined by the council for such time as the deputy Mayor acts in the office of the Mayor.  The amount of the fee so paid must be deducted from the Mayor’s annual fee.

 

Section 250 of the Local Government Act states:

 

Fees payable under this Division by a council are payable monthly in arrears for each month (or part of a month) for which the councillor holds office.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Report No. 13.2           Council Resolutions Review January to March 2015

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

File No:                        I2015/63

Theme:                         Corporate Management

                                      Administrative Services

 

 

Summary:

 

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

 

 

  

 

RECOMMENDATION:

1.       That Council receive and note the information provided in this report on outstanding Council resolutions (Attachments 3 and 4 (#E2015/29834, E2015/29843.)

 

2.       That Council note the completed resolutions in Attachments 1 and 2 (#E2015/29805 and #E2015/29712).

 

 

Attachments:

 

1        Council Resolutions (pre 2015) - complete 1 Jan to 31 Mar 2015, E2015/29805 (provided under separate cover)  

2        Completed Resolutions (2015) 1 Jan to 31 Mar 2015, E2015/29712 (provided under separate cover)  

3        Outstanding Council Resolutions - pre 2015, E2015/29834 (provided under separate cover)  

4        Outstanding Council Resolutions 1 Jan to 31 March 2015, E2015/29843 (provided under separate cover)  

 

 


 

Report

 

This report provides a quarterly update on the status of Council resolutions to 31 March 2015.

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

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

 

·     90 new resolutions created during the January to March quarter

·     122 resolutions completed during period 1 January to 31 March 2015

·     248 Closing balance of outstanding resolutions as at 31 March 2015

 

The outstanding Council resolutions per Council terms are provided below:

 

227 outstanding Council resolutions current Council (2012-2016)

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

·     248 Closing balance of outstanding resolutions as at 31 March 2015

 

Details of completed resolutions for the period prior to 2015 are provided at Attachment 1 and 1 January to 31 March 2015 are provided at Attachment 2. 

 

An update on the status of outstanding resolutions is provided at Attachments 3 and 4 which comprises:

 

·    previous Council Oct 2008-2012 (pages 1 to 2 of Attachment 3)

·    current Council Sept 2012-2016 (pages 3-18 of Attachment 3)

·    outstanding resolutions 1 January to 31 March 2015 (attachment 4)

 

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

 

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

 

a)    Which ones currently fit within other resolutions

b)    Which ones cannot be resourced

c)    Report to Council resolutions able to be closed.

 

A report has been prepared and submitted to Council following a review completed by Staff in accordance with Resolution 14-417.

 

Each Quarterly Report to Council on completed and outstanding Resolutions will include a section, which will allow Staff to report any other Resolutions identified during the review of outstanding Resolutions, that meet the criteria determined by Council in Resolution 14-417.

 

This report does not include a recommendation to close any Resolutions identified during the quarter.

 

Financial Implications

 

Not applicable

 

Statutory and Policy Compliance Implications

 

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

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


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Draft Sustainable Community Market Policy - Public Exhibition

Directorate:                 Corporate and Community Services

Report Author:           Trish Kirkland, Manager Governance Services

File No:                        I2015/331

Theme:                         Corporate Management

                                      Property Management

 

 

Summary:

 

Council resolved at an Ordinary meeting held on 30 August 2012 [Resolution 12-693] to form a Project Reference Group to further review the current Markets within Byron Shire Policy.   Council received several subsequent reports, and held a workshop [Resolution 13-173] prior to establishing the Project Reference Group in January 2014 [Resolution 13-693].  The Project Reference Group was tasked to provide recommendations to Council on Policy amendments, methodologies for determining market value for Market Licence Fees, and minimum evaluation criteria to be used when assessing potential market licence applications.

 

The Project Reference Group has completed their work and made a number of recommendations to Council.  The purpose of this report is to submit those recommendations for Council’s consideration.  The report recommends that the proposed Market Licence Fees and draft Sustainable Community Market Policy be adopted by Council for the purpose of public exhibition.

 

This report also recommends that Council thank the Project Reference Group members for their work and efforts in meeting the objectives set out in the Project Reference Group Terms of Reference.

 

 

 

  

 

RECOMMENDATION:

1.       That the draft Sustainable Community Markets Policy as shown at Annexure 1 (#E2015/11857) be placed on public exhibition for a minimum period of 28 days.

2.       That in the event:

 

          a)      that any submissions are received on the draft Sustainable Community Markets Policy, that those submissions be reported back to Council, prior to the adoption of the Policy. 

 

          OR

 

          b)      that no submissions are received on the draft Sustainable Community Markets Policy, that the Policy be adopted and incorporated into Council’s Policy Register.

 

3.       That after adoption of the Sustainable Community Markets Policy, the Markets within Byron Shire Policy No. 5.51 be deleted from Council’s Policy Register.

 

4.       That the proposed Market Licence Fees, as shown at Table 1, be placed on public exhibition for a minimum period of 28 days.

5.       That in the event:

 

          a)      that any submissions are received on the proposed Market Licence Fees, that the submissions be reported back to Council prior to their adoption. 

 

          OR

 

          b)      that no submissions are received on the proposed Market Licence Fees, that the Fees be adopted and incorporated into Council’s adopted fees and charges document, replacing the existing interim Market Licence Fees.

 

6.       That Council endorse the Sustainable Community Market Regulatory Code as shown at Annexure 2 (E2015/11971).

 

7.       That the following weightings be applied to the minimum qualitative assessment criteria set out at clause 3.6.2 of the draft Sustainable Community Market Policy for all Market Licence application assessment processes.

 

a)      20%

b)      5%

c)      5%

d)      10%

e)      30%

f)       30%

 

8.       That Council thank the Project Reference Group committee for their contribution towards, and effort in, meeting the objectives of the Project Reference Groups’ objectives.

 

 

Attachments:

 

1        Draft Policy Sustainable Community Markets from Market Policy Review PRG Meeting  25 November 2014, E2015/11857 , page 31  

2        Draft Sustainable Community Market Regulatory Code from Market Policy Review PRG Meeting 25 November 2014, E2015/11971 , page 38  

 

Report

 

The Markets Policy Review Project Reference Group was formed following Resolutions 12-693 (30 August 2012), 13-173 (18 April 2013), 13-447 (29 August 2013), and 13-693 (12 December 2013).

 

The Project Reference Group (“PRG”) held their first meeting on 30 January 2014, to undertake a review of the Markets within Byron Shire Policy. The role of the PRG included:

 

-     Review Markets within Byron Shire Policy 5.51

-     Review draft new policy for Markets on Council owned and controlled land #DM1158287 and draft Expression of Interest for Market Licences #DM1255013 placed on public exhibition in December 2011.

-     Review legal advice and directives from Crown Lands in relation to Market Policy development

-     Consider relevant legislative requirements and Crown Lands advice regarding Markets operating on Council owned or Crown Lands managed land

-     Consider relevant legislative requirements relevant to the current Market Policy and the draft Market Policy placed on public exhibition in December 2011.

-     Review minutes and consultation processes from the Market and Creative Industry Committee meetings from 2009 in relation to the development of the new draft policy Markets on Council owned and controlled land

-     Review submissions received during the public exhibition in December 2011 of the draft policy for Markets on Council owned and controlled land and draft Expression of Interest for Market Licences.

 

The Project Reference Group met a further six (6) times with meetings being held on 6 March 2014, 8 May 2014, 3 July 2014, 3 September 2014,  25 November 2014 and 31 March 2015 to complete the policy review and to satisfy the three main objectives contained in the Terms of Reference, and which have been reproduced below:

 

       “Determine recommendations to Council for:

10.1     Policy amendments

10.2     Methodology options for determining market value for Market manager licence fees

10.3     Evaluation criteria for inclusion in competitive processes for granting Market manager licences.”

 

At its meeting held 25 November 2014, the Project Reference Group fulfilled its objectives and resolved to make the following recommendations to Council:

 

10.1 Policy amendments

 

Draft Sustainable Community Market Policy

 

RECOMMENDATION:

The Project Reference Group recommend to Council that the new Draft Sustainable

Community Market Policy [#E2014/55208], including the changes recommended [minimum valuation criteria at 10.3b below], be placed on public exhibition.

 

Draft Sustainable Community Markets Regulatory Code

 

RECOMMENDATION:

The Project Reference Group recommend to Council that the new Draft Sustainable

Community Market Regulating Code [#E2014/77343] be amended as below and noted:

-           Include a new section in the Regulatory Code (E2014/77343) requiring Market Managers to have a documented Complaints Management process/procedure in place.

-           Change clause 5, Operating hours, so that markets shall not operate after 10pm.

 

10.2 methodology for determining ‘market value’ for market manager licence fees

 

Guiding principals for the methodology were agreed:

a. not be burdensome to administer

b. acknowledge the Crown Lands requirements for ‘market value’

c. account for variations of market size and frequency

d. if comparable, be assessed against NOROC and other various councils and the current temporary market fee structure

 

RECOMMENDATION:

The Project Reference Group recommend to Council that the following methodology be endorsed for determining Market and Temporary Market License fees:

-           fee structure based on stall numbers x frequency of markets;

-           flat fee applicable to all markets and temporary markets, regardless of market

-           type;

-           stall number ranges (with 3 x 3 metre stall sizes used as the base/equaliser) to be:

-     0 to 50 stalls x number of market days

-     51 to 100 stalls x number of market days

-     101 to 150 stalls x number of market days

-     151 to 200 stalls x number of market days

-     201 to 250 stalls x number of market days

-     251 to 300 stalls x number of market days

-     301+ stalls x number of market days

 

In addition to methodology, the Project Reference Group established recommended fees based on the recommended methodology after considering the outcomes of staff consultation with other Council’s in the region about market fees and market fee methodologies were provided. 

 

The Project Reference Group recommend to Council that the following licence fees

be applied to the recommended methodology for adoption in Council’s fees and

charges:

-     0 to 50 stalls x number of market days $100.00

-     51 to 100 stalls x number of market days $150.00

-     101 to 150 stalls x number of market days $200.00

-     151 to 200 stalls x number of market days $250.00

-     201 to 250 stalls x number of market days $300.00

-     251 to 300 stalls x number of market days $350.00

-     301+ stalls x number of market days $400.00

 

10.3 evaluation criteria for inclusion in competitive processes

 

          The following assessment criteria be included in the draft Sustainable Community Market Policy (#E2014/55208) at a new section, 3.6.2, as the minimum criteria for assessment of applications for Markets and/or Temporary Markets:

a)    Demonstrated ability in developing, implementing and monitoring a Market Management Plan in accordance with Council’s Sustainable Markets Regulatory Code.

b)    Demonstrated experience in Market Management and meeting Market Licence conditions.

c)    Demonstrated knowledge of Byron Shire’s market culture.

d)    Demonstrated experience with, and commitment to, environmental and sustainable operations and initiatives.

e)    Demonstrated benefits to the local community, for example enabling social interactions, promoting food security and healthy diets, preserving cultural heritage.

f).    Demonstrated benefits to the local economy for:

-     Local employment and small business,

-     Local industries, for example sustainable agriculture, arts and crafts, tourism, and

-     Local charities and not-for-profit organisations.

 

In addition to minimum evaluation criteria, the Project Reference Group established weightings for each of the evaluation criterion and recommended that council consider their application in competitive processes used to establish market management licences, as below: 

 

The following weightings for the minimum assessment criteria are recommended to Council, for consideration as part of future competitive process for new market licenses:

a)    20%

b)    5%

c)    5%

d)    10%

e)    30%

f)     30%

 

RECOMMENDATION:

The Project Reference Group recommend to Council that the minimum evaluation criteria forms part of the draft Policy, with the associated weighting being a recommendation to Council but not to be included or published in the Policy document.

 

Council staff consulted with Crown Lands about the Project Reference Group’s proposed licence fees and market fee methodology.   After further benchmarking of methods and fees; and further discussions with Crown Lands, written in-principal support was received on 17 March 2015 to the proposed market manager licence fee methodology and the dollar value proposed + 20% for Crown Land Reserve Trust tenures issued under section 108 (temporary licences) and section 102 (longer term licences).

 

The Project Reference Group were advised of the in-principal support from Crown Lands on 19 March 2013, and a copy of the benchmarking data and new proposed market manager licence fee, as set out below, was provided to the Project Reference Group in a final meeting held on 31 March 2015. 

 

                                              Table 1 – Recommended Market Licence Fee

 

0 to 50 stalls x number of market days                           $120.00

51 to 100 stalls x number of market days                       $180.00

101 to 150 stalls x number of market days                     $240.00

151 to 200 stalls x number of market days                     $300.00

201 to 250 stalls x number of market days                     $360.00

251 to 300 stalls x number of market days                     $420.00

301+ stalls x number of market days                              $480.00

 

Reports from each of the Project Reference Group meetings are available on Council’s website at http://www.byron.nsw.gov.au/committees/markets-policy-review-project-reference-group

 

This report recommends:

 

-     placing new draft Sustainable Community Markets Policy, refer Attachment 1, on public exhibition;

-     placing the Market Licence Fees, as supported by Crown Lands and shown at Table 1, on public exhibition;

-     endorsing the Sustainable Community Markets Regulatory Code, refer Attachment 2,

-     endorse the minimum qualitative evaluation criteria weightings;

-     thanking the Project Reference Group Members for their contributions and effort in meeting the objectives of their Terms of Reference.

 

Financial Implications

 

There is a minimal cost associated with publically exhibiting the draft policy and proposed market manager licence fees.

 

Benchmarking undertaken based on current licensed market ventures conducted on Council owned or managed land, indicates that the proposed new market licence fees will generate an addition 16% market licence fee revenue, with an annual increase estimated from $27,410 to $31,680.  Of this estimated market licence revenue, $21,840 is for Council Managed Crown Reserves and $9,840 is for Council’s general fund from Council owned community land.  Ultimately the future revenue generated will be influenced by the number, size, and frequency of markets held on Council owned or managed land.

 

These figures do not include non-licensed market ventures conducted by Council.  This revenue is generated from Section 355 Committee fees and charges such as Bangalow Park Trust who generate $3,000 for each market day, plus market parking fee income.

 

Statutory and Policy Compliance Implications

 

In accordance with Council’s operational procedure, new or substantially amended Policies are endorsed by Council for public exhibition

 

Local Government Act 1993

610F   Public notice of fees

(1)     A council must not determine the amount of a fee until it has given public notice of the fee in accordance with this section and has considered any submissions duly made to it during the period of public notice.

 

(2)     Public notice of the amount of a proposed fee must be given (in accordance with section 405) in the draft operational plan for the year in which the fee is to be made.

 

(3)     However, if, after the date on which the operational plan commences:

          (a)     a new service is provided, or the nature or extent of an existing service is changed, or

          (b)     the regulations in accordance with which the fee is determined are amended,

 

          the council must give public notice (in accordance with section 705) for at least 28 days of the fee proposed for the new or changed service or the fee determined in accordance with the amended regulations.  

 

(4)     This section does not apply to a fee determined by a council for an application made in a filming proposal, if that fee is consistent with a scale or structure of fees set out in an applicable filming protocol.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                      13.3 - Attachment 1

 

 

 

 

Text Box:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BYRON SHIRE COUNCIL

 

 

 

POLICY NO. XX.XX

 

 

SUSTAINABLE COMMUNITY MARKETS

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.3 - Attachment 1

 

INFORMATION ABOUT THIS DOCUMENT

 

 

Date Adopted by Council

 

Resolution No.

 

Policy Responsibility

 

Review Timeframe

Minimum of every 5 years

Last Review Date:

 

Next Scheduled Review Date

 

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

E2013/51669

 

As presented to the Markets Policy Review PRG Meeting on 30/1/14.

E2014/5260
(this document)

30/01/14

Created to include rRevisioneds fromat the Markets Policy Review PRG Meeting on 30/1/14..

E2014/15483

06/03/14

Created to include revisions from the Markets Policy Review PRG Meeting on 6/3/14.

E2014/30327

08/05/14

Created to include revisions from the Markets Policy Review PRG Meeting on 8/5/14.

E2014/55208

03/07/14

Created to include revisions from the Markets Policy Review PRG Meeting on 3/7/14.

E2015/11857

25/11/14

Created to include revisions from the Markets Policy Review PRG Meeting on 25/11/14.

 

Further Document Information and Relationships

Related Legislation

Local Government Act 1993
Crown Lands Act 1989
Environmental Planning and Assessment Act 1979
State Environmental Planning Policy (Temporary Structures) 2007
Food Act 2003

Related Policies

Business Ethics Policy
Council’s Code of Conduct

Related Procedures/ Protocols, Statements, documents

Sustainable Community Market Regulating Code

 

 

 

 


 

 

TABLE OF CONTENTS

 

OBJECTIVES...................................................................................................................................... 1

DEFINITIONS...................................................................................................................................... 1

POLICY STATEMENT........................................................................................................................ 2

 

3.1      Scope of this Policy.................................................................................................................... 2

 

3.2      Market Licence........................................................................................................................... 3

 

3.3      Temporary Market Licence........................................................................................................ 3

 

3.4      Market Frequency...................................................................................................................... 3

 

3.5      Development Consent................................................................................................................ 4

 

3.6      Market Licence Assessment Criteria......................................................................................... 4

 

3.7      Allocating Market Stall Spaces................................................................................................... 4

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.3 - Attachment 1

 

 

POLICY TITLE

SUSTAINABLE COMMUNITY MARKETS

 

 

FILE REFERENCE

F234

 

 

1.OBJECTIVES

1.       To provide vibrant markets to the community and to make markets attractive for both the community and tourists.

 

2.       To incubate local small businesses and artisans by providing them an accessible avenue to sell their goods and/or services.

 

3.       To encourage production of local agriculture and to provide an accessible avenue for the sale and purchase of locally grown produce to promote local food security.

 

4.       To use the crown reserves in a way which supports local community, businesses and attracts tourism, and whose management and consumer access is both equitable and transparent.

 

5.       To clarify how approval to manage a market can be obtained, ensuring that market organisers are aware of Council requirements so as to assist and encourage the efficient organisation of markets whilst receiving requisite approvals in a timely and orderly manner.

 

6.       To ensure the proper and effective maintenance and enhancement of reserves.

 

7.       To support local charities and not for profit organisations.

 

8.       To provide Council with recurrent income from markets on Council land to support its Community Strategic Plan.

 

9.       To acknowledge the community service provided by Markets and to promote the social benefit to community members.

 

10.     To enhance consumer choice and fair prices and enable stallholders to make a reasonable living.

 

To encourage, regulate and stimulate markets on Council owned and controlled land to support:

 

Small business

Tourism

Employment

Art, craft and cultural heritage

Sustainable agriculture

Registered charities and/or incorporated not-for-profit associations

 

To facilitate:

 

Fair opportunity for all prospective parties to compete for use of both Crown land managed by Council and Council owned assets

Standards of probity, ethics and integrity in dealings with Crown land managed by Council and Council owned assets

Rigorous and transparent decision making for commercial licensing of both Crown land managed by Council and Council land

Funding for renewal, upgrade and improvement to Council owned and managed assets

Best value for money for the use and occupation of Council owned and controlled land for the purpose of a Market.

2.DEFINITIONS

 

Artisan Market                   A licensed regular Market at which Local Persons sell their own originally produced and creative works that fall within the media of ceramics, painting, fibre arts (decorative  wearable), furniture, glass, jewellery (metal and/or mixed media) paper, photography print-making, or wood.A Market that primarily features artisans, contemporary art, handicraft and designers, along with wellbeing practitioners and food producers.

 

Community Market           A licensed regular Market. A Market that has a primary purpose to benefit the Local Area.

 

Farmers Market                A licensed regular Market at which farmers and food producers sell their own and other’s Local Area produce (livestock, fruit, vegetables, cut flowers, plants) and processed food containing a substantial proportion of Local Area produce. A regular Market that primarily features fresh food, at which Northern Rivers regional farmers and producers sell their own local farm-origin produce, and associated value-added products directly to consumers.

 

 

 

Local Area                         The Local Area is the area contained within the municipal boundary of Byron Shire Council.

 


Local Person                     A Local Person is:

 

 

a)      a resident of the Local Area, or

b)      not a resident of the Local Area but is an owner of rateable land in the Local Area, or

c)      is an occupier or rate paying lessee of ratebable land in the Local Area.

 

Market                               The licensed activity of selling, exposing or offering of goods, merchandise or materials, or services for sale by Stall Holders.

 

Market Manager                A person or organisation who holds a licence to use Council owned or managed land for the purpose of operating a Market.

 

Northern Rivers Region:   The Northern Rivers Region is the area comprised by the municipal boundaries of Ballina, Lismore, Tweed, Byron, Clarence Valley,, Richmond Valley,  and Kyogle Shire Councils.

 

Other Market                     A Market, other than a Community, Farmers, Artisan or Special MarketMarket which meets the objectives of this policy.

 

Special Market                  A licensed Community Market held for Christmas or Easter.

 

Stall Holder                        A person to whom a stall site is issued by the Market Manager. , as set out in clause 4.135 of this Policy.

 

Adjoining Shires                 Adjoining Shires are those areas comprised by the municipal boundaries of Lismore, Tweed, and Ballina Shires.

 

Temporary Market            A Market conducted for less than three consecutive days and licensed for less than a 12 month period.

 

 

3.POLICY STATEMENT

 

3.1  Scope of this Policy

 

3.1.1    This Policy applies to Markets held on Council owned and managed land.

 

3.1.2    This Policy does not prevent or constrain Council or Council as Crown Reserve Trust Manager from operating a Market or Temporary Market on Council owned or managed land.

 

3.1.3    This Policy faciliatefacilitates opportunities for prospective parties to compete for the use of council owned and managed land for the purposes of operating a Market.

 

3.1.4    This Policy will generate revenue via Market licence fees to assist Council deliver its Community Strategic Plan objectives.

 

3.1.5   

Council will licencsce and regulate Markets on Council owned and managed land with reference to all relevant legislation, this Policy, Market licence agreements, development consent conditions, and the Sustainable Community Markets Regulating Code in force from time-to-time.  

 

 

 

3.1.6    Where this Policy and/or Market licence agreements conflict with relevant legislation, the legislation will prevail.

 

3.1.7    Council is committed to the creation of social value and social benefit to the Local Area through the operation of Markets on Council owned and managed land.


 

3.2.3.2      
Market Licence

 

3.2.1    A licence to conduct a Market shall only be granted through a transparent and competitive process, in accordance with all legislative requirements and providing not less than a 6-months transition period for existing Market Managers.

 

3.2.2    The Market licence will stipulate the Market rental, which will be established and determined  by Council and included in Council’s adopted fees and charges.

 

3.2.3    All Market rental income, generated by Markets operated on Council owned land will be used to fund delivery of the Community Strategic Plan objectives.

 

3.2.4    All Market rental income, generated by Markets operated on Council managed Crown Reserves, will be used to fund asset renewals, upgrades and improvements in accordance with land management legislation.

 

3.2.5    The term of the Market licence shall be for a maximum term of five consecutive years and shall contain terms and conditions, not limited to, but consistent with the development consent and/or Sustainable Community Markets Regulating Code in force from time-to-time.

 

3.2.6    A Market licence will only be granted in accordance with the relevant land management legislation.  

 

3.2.7    A Market licence shall not be granted prior to development consent, where development consent is required.

 

3.3.3.3       Temporary Market Licence

 

3.3.1    A licence to conduct a tTemporary Market may be issued, under delegated authority by the General Manager, on receipt of a Temporary Market application and after assessment and consideration in relation to this Policy, any relevant land management requirements and/or legislation.

 

3.3.2    A Temporary Market licence shall not be issued for more than three consecutive terms to the same applicant.

 

3.3.3    A Temporary Market licence shall contain terms and conditions, not limited to, but consistent development consent conditions and/or Sustainable Community Markets Regulating Code in force from time-to-time.

 

3.3.4    All Ttemporary Market licence fees shall be determined by Council and included in Council’s adopted fees and charges.

 

3.3.5    A tTemporary Market licence shall not be granted prior to development consent, where development consent is required.

 

3.4.3.4       Market Frequency

 

3.4.1    Markets and Temporary Markets shall only be held on a stipulated day and at a stipulated location as defined in the Market licence. 



 

3.5.3.5       Development Consent



3.5.1    Development consent and other legislative approvals may be required to conduct a Market on Council owned or managed land.  

 

3.5.2    Obtaining development consent and any other legislative approvals will be the responsibility of the Market Manager. 

 

3.6       Market Licence Assessment Criteria

 

3.6.1    All competitive processes used to establish Market licences will include mandaitory and  qualitative assessment criteria, with qualitative assessment criteria being consistent with the Objectives of this Policy.

 

3.6.2    The minimum qualitative assessment criteria, as set out below, will be included in all competitive processes used to establish Market licences:

 

a)   Demonstrated ability in developing, implementing and monitoring a Market Management Plan in accordance with Council’s Sustainable markets Regulatory Code.

b)   Demonstrated experience in Market Management and meeting market licence conditions.

c)   Demonstrated knowledge of Byron Shire’s Market culture.

d)   Demonstrated experience with, and commitment to, environmental and sustainable operations and initiatives.

e)   Demonstrated benefits to the local community, for example enabling social interactions, promoting food security and healthy diets, preserving cultural heritage.

f)    Demonstrated benefits to the local economy for:

i.    Local employment and small business,

ii.    Local Industries, for example sustainable agriculture, arts, crafts, and tourism, and

iii.   Local charities and not-for-profit organisations.

 

3.7              Allocating Market Stall Spaces

 

3.7.1    The Market Manager shall allocate stall spaces giving priority to persons selling produce and products from the Local Area for 75 ??% % of the the total available Market stall spaces, with the remainder of the Market stall spaces being allocated using a priority system based on the following:

 

a)    Local Person

b)    Not a Local Person but a resident of the Northern Rivers Region

c)    Others.

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                      13.3 - Attachment 2

 

 

 

 

Text Box:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BYRON SHIRE COUNCIL

 

 

 

 

SUSTAINABLE COMMUNITY MARKETS REGULATORY CODE

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.3 - Attachment 2

 

INFORMATION ABOUT THIS DOCUMENT

 

 

Date Adopted by Council

 

Resolution No.

 

Policy Responsibility

Health and Compliance

Review Timeframe

Minimum of every 12 months

Last Review Date:

 

Next Scheduled Review Date

 

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

E2014/55309

03/07/14

Created to separate from the Markets Policy in the Policy Review PRG Meeting on 3/7/14.

E2014/77343

09/09/14

Created following changes made at the Markets Policy Review PRG Meeting on 9/9/14.

E2015/11971

25/11/14

Created following changes made at the Markets Policy Review PRG Meeting on 25/11/14.

 

Further Document Information and Relationships

Related Legislation

Local Government Act 1993
Crown Lands Act 1989
Environmental Planning and Assessment Act 1979
State Environmental Planning Policy (Temporary Structures) 2007
Food Act 2003

Related Policies

Sustainable Community Markets Policy

Related Procedures/ Protocols, Statements, documents

 

 

 

 


 

TABLE OF CONTENTS

 

1        Market Manager Responsibility.................................................................................................. 1

2          Market Management Plan.......................................................................................................... 1

3          Maintenance and Repair............................................................................................................ 3

4          Insurance.................................................................................................................................... 3

5          Hours of Operation..................................................................................................................... 3

6          Council Inspections..................................................................................................................... 3

7          Market location  ‑ Camping or Overnight Lodging..................................................................... 3

8          Rides, Devices and Control of Animals...................................................................................... 4

9          Electrical Connections and Outlets............................................................................................ 4

10       Fire Control................................................................................................................................. 4

11       Noise Control.............................................................................................................................. 4

12       Goods for Sale............................................................................................................................ 5

13       Waste Disposal........................................................................................................................... 5

14       Public Amenities......................................................................................................................... 5

15       Signs and Structures.................................................................................................................. 5


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.3 - Attachment 2

 

 

DOCUMENT TITLE

SUSTAINABLE COMMUNITY MARKETS REGULATORY CODE

 

 

FILE REFERENCE

F234

 

POLICY To encourage, regulate and stimulate markets on Council owned and controlled land to support:

 

Small business

Tourism

Employment

Art, craft and cultural heritage

Sustainable agriculture

Registered charities and/or incorporated not-for-profit associations

 

To facilitate:

 

Fair opportunity for all prospective parties to compete for use of both Crown land managed by Council and Council owned assets

Standards of probity, ethics and integrity in dealings with Crown land managed by Council and Council owned assets

Rigorous and transparent decision making for commercial licensing of both Crown land managed by Council and Council land

Funding for renewal, upgrade and improvement to Council owned and managed assets

Best value for money for the use and occupation of Council owned and controlled land for the purpose of a Market.

 

2. 

This regularity code shall be read in conjunction with the adopted Sustainable Community Markets Policy, and all definitions used in this document are defined with the Policy.

 

REGULATORY CODE

 

 

In circumstances where development consent is required, any conflict between this regulating code and the development consent, the development consent will prevail.

 

1       

4.1.4.1     Market Manager Responsibility

 



The Market Manager will be responsible for the entire management of the Market, adherence to the requirements of relevant legislation, development consent, licence conditions and this regulating code.

 


      
The Market Manager shall be present at the Market at all times.




The Market Manager and personnel must be properly identifiable as Market Manager and recognisable as the Market Manager by members of the public at all times a Market is in progress.

 

All Markets shall be conducted in accordance with the Market Mamanagement Pplan required by clause 2 of this regulatory code.

 

Market Managers, of Farmers Markets, are to establish and implement an auditing program that ensures the products sold at the Farmers Market are grown or produced by the Stallholder of the Market.

 

Market Managers, of Artisan Markets, are to aim for a vibrant culturally diverse Market where artisans, practitioners, and producers showcase and sell their work.

 

Market Managers, of Community Markets, are to ensure their market activities are meeting the requirement to be of primary benefit to the Local Area.



4.2.2          Market Management Plan

 

A Mmanagement Plan must include the following content. 

 

(a)(a)   Stall Layout Plan

 

(i)(i)      Plan view of market site and proposed location of stalls.

(ii)(ii)     Indicate the total number of stalls.

(iii)(iii)     Indicate distance between rows.

(iv)(iv)    Indicate access and parking for Stall Holders

(v)(v)     Indicate provision for emergency vehicle access at least 6 metres wide

(vi)     Indicate amenity locations

(vii)    Indicate exclusion zones.

 


 

(bd) Traffic Management

 

A Traffic Management Plan providing details of traffic flow, traffic control, safe pedestrian access and movement zones, and demonstrating adequate public parking provisions, including disabled parking.

 

Changes to existing traffic and parking controls and/or conditions will require approval by Council.   Applications for such approval will require the provision of a traffic management plan, most typically a traffic control plan as designed and implemented by those with the appropriate accreditation. 

 

Any proposed temporary road closure/(s) will also require public notification, such as advertising and/or letterbox drops of neighbours. 

 

(e)(c)   Waste Management

 

A Waste Management Plan that promotes and addresses:

 

(i)(i)      the use of products which are recyclable, reusable, or compostaable whenever possible, and

(ii)(ii)     the responsible disposal of these products, and

(iii)(iii)     provision and servicing of an adequate number of garbage bins or bulk waste bins to effectively dispose of all refuse and litter generated throughout the period of the market, and

(iv)     the protection and maintenance of the Market location in a safe and healthy condition.

 

(f)(d)   Fire Management

 

A Fire Management Plan stipulating the number, types and locations of fire equipment required based on the Stall Layout plan, and an Emergency evacuation plan for display at all Markets whilst the Market is operating.

 

(e)   Complaints Management

 

A Complaints Management process that provides a user-friendly procedure for making, recording, and remedying complaints made by Stall Holders and members of the public must be implemented and maintained by Market Managers.  Information on how to make a complaint and how the complaint will be managed is to be clearly displayed by Market Managers and to remain available at all Markets whilst the Market is operating.

 

A compliant is understood as “an expression of dissatisfaction with a Market Manager’s decisions, policies, procedures, charges, employees, agents or the quality of the services provided.

 

At a minimum, the Complaint Management process should provide for:

·    both verbal and written complaints

·    recording of the complaint in a register

·    appropriate and/or reasonable remedies

·    the complaint to be dealt with quickly

·    the process and interpersonal interactions to be undertaken with respect and fairness

·    the confidentiality of personal and private information

 

 

 

 

 

4.3.3          Maintenance and Repair

 

The Market Manager is responsible for maintaining and repairing the Market location and ensuring that it is left in good condition after each Market.  Should any maintenance or repair be required to the Market location as a result of the Market, the Market Manager must repair any such damage at its own cost to the satisfaction of Council.

 

Any instruction issued by Council to make good the Market location must be complied with within three (3) days.   Where the Market Manager fails to make good the Market location, Council may undertake any works necessary and charge the Market Manager in accordance with Council’s adopted fees and charges. 

 

4.4.4          Insurance

 


The Market Manager must obtain a Public Risk Insurance Policy, to the value of not less than that specified by Council, which specifically indemnifies Council from any claim arising from, or incidental to, the holding or conducting of the Market.  Where the Market location is on Crown Reserves managed by Council the insurance must also indemnify the Minister for Land.

 

The Market Manager must obtain Workers Compensation Insurance to cover all Market employees.  A certificate of currency for Public Risk and Workers Compensation is to be provided to Council prior to the commencement of any Market.

 

 
Stall Holders and/or operators of any mechanical ride or device, or any animal ride, are required to hold an individual policy specifically related to that ride or device and in the same general terms of indemnity.   The Market Manager shall be responsible for ensuring such indemnity is in place prior to the commencement of any Market.

 

4.5.5          Hours of Operation

 

Market operating hours shall not commence before 8am or continue after 10pm.   Market set up is permissible from 7am, provided, no noise is to be generated before 8am.

 

The Market location must be completely vacated of all stalls and Stall Holders, together with their goods and chattels at on the conclusion of each days trading.

 

4.6.6          Council Inspections

 

All Markets will be subject to regular inspection by Council to ensure that the Market location is being kept in good condition, and in compliance with the Market licence conditions, any consent conditions, relevant legislation and provisions of this regulating code.

 

The Market Manager is required to act on instructions issued by Council, including any instruction to make good the Market location. 

 

Inspection fees will be charged for each inspection carried out by Council and shall be paid by the Market Manager on receipt of a tax invoice.

 

The inspection fees will be determined from time to time by Council and listed in Council's adopted fees and charges.

4.9.7          Market location  ‑ Camping or Overnight Lodging

 


No person shall camp or lodge overnight at a Market location.



4.10.8          Rides, Devices and Control of Animals

 

The
Market Manager must not allow on site, nor issue any permit for, any mechanical ride or amusement device without the owner/operator of the device obtaining specific approval of Council. The operator of such a device must hold a Public Risk Insurance Policy in the terms of clause 4, and a current licence issued by WorkCover Authority, New South Wales. Each such ride is to be positioned on an outer or edge row of stalls and is to be surrounded by an adequate barricade or fixed rope or rail to keep the public clear of the operational area.




Any animal used for rides that becomes fractious or in any way poses a danger to any person or other animal must be removed from the market site.  The area where animals are tethered between use periods must be kept clean of animal droppings, excess feed, etc. Water containers and such like must be positioned so as to not pose a hazard to any person.

 

The

Market Manager shall ensure that no cats, dogs, rabbits, guinea pigs, gold fish, etc are allowed on the entire market site, with the exception of assistance dogs. 

 

The Market Manager shall allow livestock sales, such as live poultry, only after consultation with and written approval from Council.

 

4.11.9          Electrical Connections and Outlets

 


The Market Manager shall make safe provision and maintenance of all electrical connections, outlets etc, that are necessary for use by any Stall Holder.  In particular the Market Manager  must ensure that all electrical leads used by Stall Holders, are suspended at least 2.4m from the ground using non-conductive materials and clear of spaces used by the public.  All leads, sockets and other connections are to be kept in good and serviceable condition and are to be used and maintained strictly in accordance with all Australian Standards relating to electrical fittings and the use of electricity.

 



The Market Manager must immediately comply with any instruction or requirement of any authorised electrical inspector.

 

4.12.10        Fire Control

 


The Market Manager shall provide all the required fire extinguishers, fire blankets and other equipment as specified in the Fire Management Plan.  The equipment must be located throughout the Market as required by the Fire Management Plan.  In addition, the Market Manager will keep at least one 9kg chemical fire extinguisher and one 1800mm x 1800mm fire blanket in their control at all times during the conduct of a market.

 

Further, the Market Manager shall ensure that each Stall Holder who’s trading requires the use of cooking oils or fats, has in their possession, adjacent to the cooking device, a 1800mm x 1800mm fire blanket.


 

4.13.11        Noise Control

 

The
Market Manager must not permit the generation of noise in excess of 5dB(A) above normal background noise levels at any Market location site boundary nor allow the use of any device for the amplification of sound or music in the market site, other than:

a)      One set of equipment to be used in conjunction with the public address system to be under the personal control of the Market Manager and located adjacent to the market management base location.



b)      A second set of equipment used for public entertainment.



Both sets of equipment and associated loud speakers are to be adjusted and controlled in a manner which will limit noise levels to be no more than 5 decibels dB(A) above normal background noise levels at any location on the site boundaries.

4.14.12        Goods for Sale

 


The Market Manager shall ensure that all Stall Holders selling food products, store, prepare and package food products for sale in strict accord with the requirements of relevant legislation, and hold a valid permit issued by Council.

13        Waste Disposal

 


The Market Manager shall arrange for the provision and servicing of an adequate number of garbage bins or bulk waste bins as set out in the Waste Management Plan to effectively dispose of all refuse and litter generated throughout the period of the market.  The market site is to be maintained free of litter and to be left in a clean and tidy condition at the end of the day to the satisfaction of Ccouncil.

 

14        Public Amenities

 


The Market Manager is responsible for maintenance and cleanliness of public toilets used in conjunction with the Market.  Should it be necessary to provide temporary toilet facilities, the provision and servicing of these units, and all costs involved, are to be the responsibility of the Market Manager.  Disabled access amenities are to be provided and maintained by the Market Manager.



15        Signs and Structures

 


The Market Manager is to erect signs so as to clearly display rules to members of the public entering the Market. 

 


 

4.16     Gas

 

The gas installation on any food or other vehicles shall be installed by a licensced gas fitter.  The installation shall comply with the appropriate provisions of AS11596 Storage and Handling of LP Gas and AS5601 Gas Installations or any standard superseding these provisions.  A valid and current compliance plate must be affixed to the vehicle.

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           Reclassification of Land at Belongil from Community Land to Operational Land

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

Phillip Holloway, Director Infrastructure Services

Shannon Burt, Director Sustainable Environment and Economy

File No:                        I2015/209

Theme:                         Corporate Management

                                      Property Management

 

 

Summary: 

 

Council at its Ordinary meeting held on 12 December 2013 adopted Resolution 13-698, which reads as follows:

 

13-698 Resolved:

1. That Council commence the proceedings to reclassify the following parcels of land from Community Land to Operational Land;

Lot B DP 371044

Lot 7 Section 3 DP 1623

Lot 6 Section 3 DP 1623

Lot 2 Section 3 DP 1623

 

2. That Council authorise the General Manager to begin the statutory process to consider re-classification of

parcels of land identified in Part 1 from Community to Operational Land by preparing a Planning

Proposal for the Minister of Planning’s determination through the Gateway process.

 

In accordance with Resolution 13-698, Planners North were engaged to commence the preparation of the Planning Proposal, to reclassify the parcels of Community Land identified in the Resolution to Operational Land.

 

Planners North have provided Council with a Report on the preliminary investigation and assessment undertaken, having considered both the survey provided and the Ecological Assessment, on the statutory process.

 

A copy of the Report from Planners North has been included as a Confidential Attachment to this report for the information of Council.

  

 

RECOMMENDATION:

That Council authorise the General Manager to proceed with the next stage of the statutory process to consider the re-classification of the parcels of land identified below from Community to Operational Land, by preparing a Planning Proposal for the Minister of Planning’s determination through the Gateway process, for the reasons identified for each parcel of land

 

(a)     Lot B DP 371044, Lot 7 Section 3 DP 1623 and Lot 6 Section 3 DP 1623 for the           purposes of regularising the existing building encroachment over Lot 6           Section 3 DP 1623.

 

(b)    Lot 2 Section 3 DP 1623 for the purposes of creating a public road.

Attachments:

 

1        Confidential - Letter from Planners North regarding reclassification of land at Belongil, dated 22 October 2014, E2015/30197  

2        Manfred Street Community Land Map, e2013/69205 , page 52  

Report

 

Council at its Ordinary meeting held on 12 December 2013 resolved as follows:

 

13-698   Resolved:

 

1.    That Council commence the proceedings to reclassify the following parcels of land from Community Land to Operational Land:

 

Lot B DP 371044

Lot 7 Section 3 DP 1623

Lot 6 Section 3 DP 1623

Lot 2 Section 3 DP 1623

 

2.    That Council authorise the General Manager to begin the statutory process to consider reclassification of parcels of land identified in Part 1 from Community to Operational Land by preparing a Planning Proposal for the Minister of Planning’s determination through the Gateway process.

 

In accordance with Resolution 13-698, Planners North were engaged to commence the preparation of the Planning Proposal, to reclassify the parcels of Community Land identified in the Resolution to Operational Land.

 

The process for the preparation of the Planning Proposal, due to the potential impact of a number of known constraints such as the coastal escarpment and the 20metre offset line, the building encroachment on Lot 6 Section 3 DP 1623 and existing vegetation, was at the engagement phase broken into two stages to allow Council to determine on assessment, whether it is able, given the planning controls in place, to create additional lot/s for residential purposes and then to be able to dispose of those parcel/s of land.

 

Stage one of the process included:

 

1.    Undertaking an updated survey to determine the coastal erosion escarpment and 20m offset line;

2.    Obtaining an Ecological Assessment in relation to existing vegetation on the site; and

3.    Determining from steps 1 & 2 an appropriate subdivision / lot configuration.

 

Planners North have provided Council with its Report, having considered both the survey provided and the Ecological Assessment, a copy is attached for the information of Council.

 

In relation to the Planners North report, a further assessment of site constraints and planning controls applicable has occurred. It is considered that there would be insufficient land available to support any new lot for residential development through a boundary adjustment given planning controls and site constraints (including a 20m offset escarpment line on Lot 7 Sec 3 DP 1623), and the area of land required under the planning controls to regularise the building encroachment on Lot 6 Sec 3 DP 1623. 

 

As such it is recommended that Council proceed with reclassification of land from community land to operational as follows:

 

Lot B DP 371044, Lot 7 Section 3 DP 1623 and Lot 6 Section 3 DP 1623 for the purposes of regularising the existing building encroachment over Lot 6 Section 3 DP 1623.

 

Lot 2 Section 3 DP 1623 for the purposes of creating a public road.

 

Financial Implications

 

The costs to be incurred to progress the reclassification process are estimated at approximately $8,000 being $2,000 - $4,000 for the completion of the Planning Proposal and a further $4,000 to run the community consultation and public hearing process, assuming a one day public hearing. 

 

These costs would be able to be funded from Council’s adopted budget.

 

Statutory and Policy Compliance Implications

 

Local Government Act 1993 No 30

 

Division 1 Classification and reclassification of public land

 

27      How are the classifications made?

 

(1)     The classification or reclassification of public land may be made by a local environmental plan.

 

28      Forwarding of planning proposals to Minister for Planning

 

(1)     A council may not forward a planning proposal to the Minister for Planning under section 56 of the Environmental Planning and Assessment Act 1979 which includes a proposal to classify or reclassify public land that is not owned by the council unless the council has obtained the consent of the owner to the proposed classification or reclassification of public land.

(2)     A local environmental plan that classifies or reclassifies public land may apply to one or more areas of public land.

 

29      Public hearing into reclassification

 

(1)     A council must arrange a public hearing under section 57 of the Environmental Planning and Assessment Act 1979 in respect of a planning proposal under Part 3 of that Act to reclassify community land as operational land, unless a public hearing has already been held in respect of the same matter as a result of a determination under section 56 (2) (e) of that Act.

 

30      Reclassification of community land as operational

 

(1)     A local environmental plan that reclassifies community land as operational land may make provision to the effect that, on commencement of the plan, the land, if it is a public reserve, ceases to be a public reserve, and that the land is by operation of the plan discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

 

(a)      any reservations that except land out of a Crown grant relating to the land, and

(b)      reservations of minerals (within the meaning of the Crown Lands Act 1989).

 

(2)     A provision referred to in subsection (1) has effect according to its tenor, but only if the Governor has, before the making of the local environmental plan, approved of the provision.

 

34      Public notice to be given of classification or reclassification by council resolution

 

(1)     A council must give public notice of a proposed resolution to classify or reclassify public land.

(2)     The public notice must include the terms of the proposed resolution and a description of the public land concerned.

(3)     The public notice must specify a period of not less than 28 days during which submissions may be made to the council.

 

Environmental Planning and Assessment Act 1979 No 203

 

55      Relevant planning authority to prepare explanation of and justification for proposed instrument—the planning proposal

 

(1)     Before an environmental planning instrument is made under this Division, the relevant planning authority is required to prepare a document that explains the intended effect of the proposed instrument and sets out the justification for making the proposed instrument (the planning proposal).

 

(2)     The planning proposal is to include the following:

(a)     a statement of the objectives or intended outcomes of the proposed instrument,

(b)     an explanation of the provisions that are to be included in the proposed instrument,

(c)     the justification for those objectives, outcomes and provisions and the process for their implementation (including whether the proposed instrument will comply with relevant directions under section 117),

(d)     if maps are to be adopted by the proposed instrument, such as maps for proposed land use zones; heritage areas; flood prone land—a version of the maps containing sufficient detail to indicate the substantive effect of the proposed instrument,

(e)     details of the community consultation that is to be undertaken before consideration is given to the making of the proposed instrument.

(3)     The Director-General may issue requirements with respect to the preparation of a planning proposal.

 

56     Gateway determination

 

(1)     After preparing a planning proposal, the relevant planning authority may forward it to the Minister.

 

(2)     After a review of the planning proposal, the Minister is to determine the following:

 

(a)     whether the matter should proceed (with or without variation),

(b)     whether the matter should be resubmitted for any reason (including for further studies or other information, or for the revision of the planning proposal),

(c)     community consultation required before consideration is given to the making of the proposed instrument (the community consultation requirements),

(d)     any consultation required with State or Commonwealth public authorities that will or may be adversely affected by the proposed instrument,

(e)     whether a public hearing is to be held into the matter by the Planning Assessment Commission or other specified person or body,

(f)     the times within which the various stages of the procedure for the making of the proposed instrument are to be completed.

 

(3)     A determination of the community consultation requirements includes a determination under section 73A (or other provision of this Act) that the matter does not require community consultation.

 

(4)     The regulations may provide for the categorisation of planning proposals for the purposes of this section, and may prescribe standard community consultation requirements for each such category.

 

(5)     The Minister may arrange for the review of a planning proposal (or part of a planning proposal) under this section to be conducted by, or with the assistance of, the Planning Assessment Commission or a joint regional planning panel:

(a)     if there has been any delay in the matter being finalised, or

(b)     if for any other reason the Minister considers it appropriate to do so.

 

(6)     The relevant planning authority may, at any time, forward a revised planning proposal to the Minister.

 

(7)     The Minister may, at any time, alter a determination made under this section.

 

(8)     A failure to comply with a requirement of a determination under this section in relation to a proposed instrument does not prevent the instrument from being made or invalidate the instrument once it is made. However, if community consultation is required under section 57, the instrument is not to be made unless the community has been given an opportunity to make submissions and the submissions have been considered under that section.

 

57     Community consultation

 

(1)     Before consideration is given to the making of a local environmental plan, the relevant planning authority must consult the community in accordance with the community consultation requirements for the proposed instrument.

 

(2)     The planning proposal (as revised to comply with the determination under section 56 and in a form approved by the Director-General) is to be made publicly available during the period of community consultation. Detailed provisions may be summarised instead of being set out in full if the Director-General is satisfied that the summary provides sufficient details for community consultation.

 

(3)     During the period of community consultation, any person may make a written submission to the relevant planning authority concerning the matter (other than any matter that is mandatory under an applicable standard instrument under section 33A).

 

(4)     The relevant planning authority may (but need not) make publicly available, in accordance with the community consultation requirements, the submissions made concerning a matter (or a summary of or report on any such submissions).

 

(5)     If:

(a)     a person making a submission so requests, and

(b)     the relevant planning authority considers that the issues raised in a submission are of such significance that they should be the subject of a hearing,

the relevant planning authority is to arrange a public hearing on the issues raised in the submission.

 

(6)     The relevant planning authority may arrange a public hearing on any issue whether or not a person has made a submission concerning the matter.

 

(7)     A report of any public hearing is to be furnished to the relevant planning authority and may be made publicly available by that authority.

 

(8)     The consultation required by this section is completed when the relevant planning authority has considered any submissions made concerning the proposed instrument and the report of any public hearing.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.4 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Budget Review  - 1 January 2015 to 31 March 2015

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2015/352

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

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

 

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

 

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

 

  

 

RECOMMENDATION:

1.   That Council authorise the itemised budget variations as shown in Attachment 2 (#E2015/29355) which includes the following estimated results in the 31 March 2015 Quarterly Review of the 2014/2015 Budget:

 

(a)         General Fund - $1,000 increase in the accumulated surplus

(b)        General Fund - $1,241,600 decrease in reserves

(c)         General Fund - $1,240,600 decrease in the estimated cash position

      (d)        Water Fund - $283,500 decrease in reserves

      (e)         Sewerage Fund - $4,900 decrease in reserves

 

2.   That That Council adopt the revised estimated General Fund Accumulated Surplus/(Working Funds) surplus of $1,957,550 for the 2014/2015 financial year as at 31 March 2015.

 

 

Attachments:

 

1        Budget Variations for the General, Water and Sewerage Funds, E2015/29579 (provided under separate cover)  

2        Itemised Listing of Budget Variations for the General, Water and Sewerage Funds, E2015/29582 , page 63  

3        Integrated Planning and Reporting Framework (IP&R) required Quarterly Review Statement, E2015/29580 , page 69  

 

Report

 

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

 

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

 

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

 

Consolidated Budget Cash Result

 

 

 


General Fund Cash Result     Water Fund Cash Result        Sewer Cash Result

 

 

 


Principal Activity                     Principal Activity                     Principal Activity

 

 

 


Operating Income       Operating Expenditure    Capital income    Capital Expenditure

 

 

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

 

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

 

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

 

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

 

Office of Local Government Budget Review Guidelines:-

 

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

 

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

 

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

 

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

 

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

Consolidated

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

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

 

·    Budget Review Capital Budget

 

·    Budget Review Cash and Investments Position

 

·    Budget Review Key performance indicators

 

·    Budget Review Contracts and Other Expenses

 

The above components are included in Attachment 3:-

 

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

 

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

 

Cash and Investments Budget Review Statement – This statement reconciles Council’s restricted funds (reserves) against available cash and investments.  Council has attempted to indicate an actual position as at 31 March 2015 of each reserve to show a total cash position of reserves with any difference between that position and total cash and investments held as available cash and investments.  It should be recognised that the figure is at a point in time and may vary greatly in future quarterly reviews pending on cash flow movements.

 

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

 

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

 

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

 

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

 

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

 

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

 

CONSOLIDATED RESULT

 

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

 

 

2014/2015 Budget Review Statement as at 31 March 2015

Original Estimate (Including Carryovers)

 1/7/2014

 

Adjustments to Mar 2015 including Resolutions*

 

Proposed Mar 2015 Review Revotes

 

Revised Estimate 30/6/2015 at 31/03/2015

Operating Revenue

76,364,300

2,169,400

2,917,800

81,451,500

Operating Expenditure

84,894,350

2,512,200

2,145,000

89,551,550

Operating Result – Surplus/Deficit

(8,530,050)

(342,800)

772,800

(8,100,050)

Add: Capital Revenue

3,972,700

891,300

266,600

5,130,600

Change in Net Assets

(4,557,350)

548,500

1,039,400

(2,969,450)

Add: Non Cash Expenses

15,890,000

0

0

15,890,000

Add: Non-Operating Funds Employed

1,800,000

470,000

(1,800,000)

470,000

Subtract: Funds Deployed for Non-Operating Purposes

(21,188,100)

(611,200)

(768,400)

(22,567,700)

Cash Surplus/(Deficit)

(8,055,450)

407,300

(1,529,000)

(9,177,150)

Restricted Funds – Increase / (Decrease)

(8,072,300)

407,300

(1,530,000)

(9,195,000)

Forecast Result for the Year – Surplus/(Deficit) – Working Funds

16,850

0

1,000

17,850

 

As the table above highlights, the forecast result for the year has increased by $1,000 for the review period including Council resolutions.  Results by General, Water and Sewerage Fund are provided below:

 

GENERAL FUND

 

In terms of the General Fund projected Accumulated Surplus (Working Funds) the following table provides a reconciliation to the estimated position as at 31 March 2015:

 

Opening Balance – 1 July 2014

$1,939,700

Plus original budget movement and carryovers

16,850

Council Resolutions July – September Quarter

0

September Review Adjustments – increase/(decrease)

0

Council Resolutions October – December Quarter

0

December Review Adjustments – increase/(decrease)

0

Council Resolutions January – March Quarter

0

Recommendations within this Review – increase/(decrease)

1,000

Forecast Working Funds Result – Surplus/(Deficit) – 30 June 2015

17,850

Estimated Working Funds Closing Balance – 30 June 2015

$1,957,550

 

The General Fund financial position has improved by $1,000 as a result of this budget review. The proposed budget changes that have impacted on this result have been highlighted in Attachment 1 and summarised further in this report below.

 

Council Resolutions

 

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

 

 Budget Adjustments

 

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

 

 

 

 

 

 

Budget Directorate

Revenue Increase/

(Decrease) $

Expenditure Increase/

(Decrease) $

Accumulated Surplus (Working Funds) Increase/ (Decrease) $

General Managers Office

2,000

7,800

(5,800)

Organisational Development

0

4,000

(4,000)

Corporate & Community Services

(1,564,100)

(758,700)

(805,400)

Infrastructure Services

2,218,600

1,417,700

800,900

Sustainable Environment & Economy

136,100

120,800

15,300

Total Budget Movements

792,600

791,600

1,000

 

Budget Adjustment Comments

 

Within each of the Budget Directorates of the General Fund, are a series of budget adjustments identified in detail at Attachment 1 and 2.  More detailed notes on these are provided in Attachment 1, but in summary the major additional items included are summarised below by Directorate and are included in the overall budget adjustments table above. Further implementation of the Organisation Restructure has been incorporated into this budget review which has resulted in the following budget program movements:

 

1.   Legal Services Budget Program transferred from Organisational Development to Corporate and Community Services.

2.   Compliance and Infringement Processing Budget Programs transferred from Corporate and Community Services to Sustainable Economy and Environment.

 

 

 

 

 

General Manager

 

In the General Managers program additional expenditure of $8,400 is required to participate in the Regional Analysis and Comparative Tool for the next 2 years. 

 

In the Economic Development program additional income of $2,000 was received as a NYE donation and additional expenditure of $7,800 for the Bay Lane Enhancement project is required.

 

Organisational Development

 

In the Human Resources program, expenditure increased by $4,000 due to the cost of the General Manager’s perormance review as the original budget was not sufficient.

 

Corporate and Community Services

 

In the Administrative Services - Councillors program, additional expenditure is required to purchase Councillor equipment $5,000 and a contribution for the staff Christmas party $3,200.

 

In the Administration Services program, additional income of $1,700 has been recognised from staff for tea and coffee contributions and additional expenditure of $7,000 for the purchase of tea, coffee and milk supplies for the organisation.

 

In the Financial Services program there is additional income of $16,000 due to the increase in the number of 603 certificates issued.

 

In the Information Services Program an amount of $67,700 has been requested to complete the upgrade of Councils’ Standard Operating Environment (SOE).  This is to be funded through a reduction to other expenditure line items and reserves.

 

In the Property Program the major budget adjustment is due to the removal of sale proceeds from the Roundhouse subdivision.  These sales are now not expected to occur in 2014/15.  Additional revenue was also received from Councils insurer for fire damage from 2013 at the Mullumbimby Civic Hall.  Other income and expenditure adjustments are for various budgets trending lower or higher than the actuals.

 

In the Community Development Program, revenue budget has been adjusted to account for a $20,000 grant for a Liveable Communities Project.  Operating Expenditure has also increased for the grant expenditure with an additional $13,500 funded through developer contributions.

 

In the Legal Services program additional legal fees revenue of $14,100 has been recovered.

 

Infrastructure Services

 

In the Depot Services program, additional revenue of $35,700 has been received from the Sewer Fund for the purchase of canopies for 2 vehicles.  Expenditure has increased due to increased maintenance, servicing and breakdown repairs on older and higher km vehicles, works associated with the changeover of 50 motor vehicles and more tyres.

 

In the Local Roads & Drainage program, revenue increased for paid parking.  Transfer to Reserves has decreased due to a reduction in the transfer to the Infrastucture Renewal reserve as a result of the Roundhouse subdivision not being sold this financial year and an increase to paid parking expenses.

 

In the Roads & Maritime Services (RMS)  program, adjustments have been received from the RMS for the natural disaster events.  Income is offset against expenditure.

 

In the Open Spaces & Recreation program, additional revenue was received from NSW Sport to contribute to the amenities block at Tom Kendall Oval ($25,000), a bond from BVQ for the roundabout contract at the Cavanbah Sports Centre ($36,800) and a reduction to Special Events & Mitigation ($30,000).  Expenditure increased by $45,000 to finalise the costs associated with the APEX park toilets, $25,000 for the amenities block at Tom Kendall Oval and $36,800 to cover any legal costs Council may incur from the Cavanbah Sports Centre roundabout.

 

In the Quarry program, additional revenue of $170,000 is anticipated from the sale of materials for capital works, offset by the same amount in expenditure.

 

In the Rural Fire Service program, additional revenue of $20,300 was received as a reimbursement for an extension on the Mullumbiimby shed.  Additional expenditure is required due to higher than expected vehicle repair costs ($15,000).

 

In the Waste & Recycling program, additional revenue was received from an increase in waste disposal fees, annual charges and a grant for the organics collection system.  It is proposed to increase expenditure due to works associated with the organics collection system grant and various other increases due to the increased volume.

 

In the Cavanbah Sports Centre program, income and expenditure are both trending above budget across various areas.  This facility is relatively new and the full usage of this is still being realised.

 

Sustainable Environment and Economy

 

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

 

In the Land and Natural Environment Program, the budget is to be amended to cater for a new Applicant Funded DCP's/LEP's ($2,500), an adjustment to the CZMP Byron Bay Embayment ($45,000) and an additional $20,000 for the LEP Public Exhibition.

 

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

 

WATER FUND

 

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

 

The estimated Water Fund reserve balances as at 30 June 2015 are derived as follows:

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2014

$2,500,200

Plus original budget reserve movement

(246,300)

Less reserve funded carryovers from 2013/2014

(305,800)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(121,200)

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

50,500

Resolutions January -  March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

(283,500)

Forecast Reserve Movement for 2014/2015 – Increase / (Decrease)

(906,300)

Estimated Reserve Balance at 30 June 2015

$1,593,900

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2014

$9,988,200

Plus original budget reserve movement

(1,230,700)

Less reserve funded carryovers from 2013/2014

(280,400)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

0

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

1,512,400

Resolutions January -  March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

0

Forecast Reserve Movement for 2014/2015 – Increase / (Decrease)

1,300

Estimated Reserve Balance at 30 June 2015

$9,989,500

 

Movements for Water Fund can be seen in Attachment 1, with a proposed estimated decrease to reserves (including S64 Contributions) overall of $283,500 from the 31 March 2015 Quarter Budget Review.

 

SEWERAGE FUND

 

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

 

The estimated Sewerage Fund reserve balances as at 30 June 2015 are derived as follows:

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2014

$3,569,600

Plus original budget reserve movement

1,438,100

Less reserve funded carryovers from 2013/2014

(282,600)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(146,200)

Resolutions October -  December Quarter – increase / (decrease)

(19,100)

December Quarterly Review Adjustments – increase / (decrease)

51,500

Resolutions January -  March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

(4,900)

Forecast Reserve Movement for 2014/2015 – Increase / (Decrease)

1,036,800

Estimated Reserve Balance at 30 June 2015

$4,606,400

 

Plant Reserve

 

Opening Reserve Balance at 1 July 2014

$792,000

Plus original budget reserve movement

0

Less reserve funded carryovers from 2013/2014

0

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

0

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

0

Resolutions January -  March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

0

Forecast Reserve Movement for 2014/2015 – Increase / (Decrease)

0

Estimated Reserve Balance at 30 June 2015

$792,000

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2014

$4,939,400

Plus original budget reserve movement

(993,100)

Less reserve funded carryovers from 2013/2014

(594,500)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(125,000)

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

604,600

Resolutions January -  March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

0

Forecast Reserve Movement for 2014/2015 – Increase / (Decrease)

(1,108,000)

Estimated Reserve Balance at 30 June 2015

$3,831,400

 

Movements for the Sewerage Fund can be seen in Attachment 1, with a proposed estimated overall decrease to reserves (including S64 Contributions) of $4,900 from the 31 March 2015 Quarter Budget Review.

 

Legal Expenses

 

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

 

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

 

Total Legal Income & Expenditure as at 31 March 2015

 

 

Program

2014/2015

Budget ($)

 

Actual ($)

Percentage To Revised Budget

Income

 

 

 

Legal Expenses Recovered

9,300

23,340

250%

Total Income

9,300

23,340

250%

 

 

 

 

Expenditure

 

 

 

General Legal Expenses

274,100

120,186

44%

Total Expenditure General Fund

274,100

120,186

44%

 

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

 

Legal Reserve

 

Opening Reserve Balance at 1 July 2014

$779,100

Less Resolution 12-622

$(46,800)

Estimated Reserve Balance at as at 31 March 2015

$732,300

 

Fluctuations in legal expenditure can happen rapidly and for reasons not necessarily within Council’s control. Council has developed and is maintaining a legal reserve to enable Council to manage the potential fluctuations. A reserve balance of $500,000 is considered adequate for this purpose at this time.

 

Financial Implications

 

The 31 March Quarter Budget Review of the 2014/2015 Budget increased the overall budget surplus result by $1,000.  The estimated accumulated surplus (working funds) position attributable to the General Fund also increased by $1,000, with this increasing to an estimated $1,957,550 at 30 June 2015.

 

Statutory and Policy Compliance Implications

 

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

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

 

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

 

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

 

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

 

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

 

Statement by Responsible Accounting Officer

 

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

 

This opinion is based on the estimated General Fund Accumulated Surplus (Working Funds) position and that the current indicative budget surplus for 2014/2015 increase by $1,000 in this Budget Review.  Notwithstanding this, Council will need to continue to carefully monitor the 2014/2015 budget over the remainder of the financial year. 

 

The need for careful monitoring is in relation to the pressures on the local roads and drainage budget program due to recent weather and the maintenance expenditure to date.  Council may need to as part of the 30 June 2015 Quarter Budget Review consider revised funding depending upon the eventual maintenance outcome for this financial year.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.5 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.5 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Council Investments April 2015

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2015/356

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position as at 30 April 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 30 April 2015 be noted.

 

 

 

 

 


 

Report

 

In relation to the investment portfolio for April 2015, Council has continued to maintain a diversified portfolio of investments The average 90 day bank bill rate (BBSW) for the month of April was 2.25%.  Council’s performance for the month of April is a weighted average of 3.05%. 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 30 April 2015:

 

Schedule of Investments held as at 30 April 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%*

1,472,250.00

20/06/12

500,000

HERITAGE BANK LTD BONDS

N

BBB+

20/06/17

B

7.25%

530,000.00

09/03/15

2,000,000

NEWCASTLE PERMANENT

N

NR

09/06/15

TD

3.00%

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

08/04/15

2,200,000

POLICE CREDIT UNION

P

NR

08/07/15

TD

3.06%

2,200,000.00

13/04/15

2,000,000

ME BANK

N

BBB

13/07/15

TD

2.90%

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

07/04/15

1,000,000

AUSWIDE BANK LTD (Previously Wide Bay)

N

NR

07/07/15

TD

2.95%

1,000,000.00

10/03/15

2,000,000

NAB

N

AA-

11/06/15

TD

3.12%

2,000,000.00

10/11/14

2,000,000

COMMINVEST

N

AA-

10/05/15

TD

3.40%

2,000,000.00

09/03/15

2,000,000

NAB

N

AA-

05/06/15

TD

3.13%

2,000,000.00

03/03/15

2,000,000

NAB

N

AA-

03/09/15

TD

3.40%

2,000,000.00

09/03/15

2,000,000

BANKWEST

N

A1+

05/06/15

TD

3.45%

2,000,000.00

08/04/15

1,000,000

BANKWEST

N

A1+

07/07/15

TD

2.90%

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

03/03/15

2,000,000

PEOPLES CHOICE CREDIT UNION

N

BBB+

03/06/15

TD

2.90%

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

10/04/15

2,000,000

BANKWEST

N

A1+

09/07/15

TD

2.90%

2,000,000.00

08/04/15

2,000,000

SUNCORP

P

A+

08/09/15

TD

3.00%

2,000,000.00

06/03/15

2,000,000

BANKWEST

N

A1+

04/06/15

TD

3.10%

2,000,000.00

08/04/15

2,000,000

AUSWIDE BANK LTD (Previously Wide Bay)

BBB

NR

07/07/15

TD

2.95%

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

03/03/15

2,000,000

ME BANK

N

BBB

05/05/15

TD

2.75%

2,000,000.00

03/03/15

2,000,000

NAB

N

AA-

03/07/15

TD

3.13%

2,000,000.00

03/03/15

2,000,000

NAB

N

AA-

04/08/15

TD

3.15%

2,000,000.00

17/03/15

2,000,000

PEOPLES CHOICE CREDIT UNION

N

BBB+

16/07/15

TD

3.00%

2,000,000.00

15/4/15

1,000,000

NAB

N

AA-

16/7/15

TD

2.94%

1,000,000.00

28/4/15

2,000,000

PEOPLES CHOICE CREDIT UNION

N

BBB+

28/9/15

TD

2.94%

2,000,000.00

N/A

2,710,761

CBA BUSINESS ONLINE SAVER

N

A

N/A

CALL

2.25%

2,710,760.86

Total

68,910,761

 

 

 

 

AVG

3.05%

68,913,010.86

 

It should be noted that at the time of writing this report, Council had not received a valuation for the EMU Note for April 2015.  This investment is highlighted in bold in the table above with the valuation reflective from 28 February 2015, 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 April 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 March, demonstrating a cumulative unrealised gain of $2,250.00.

 

Dissection of Council Investment Portfolio as at 30 April 2015

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

64,200,000.00

Term Deposits

64,200,000.00

0.00

2,710,760.86

Business On-Line Saver (At Call)

2,710,760.86

0.00

1,500,000.00

Managed Funds

1,472,250.00

(27,750.00)

500,000.00

Bonds

530,000.00

30,000.00

68,910,760.86

 

68,913,010.86

2,250.00

 

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 March 2015 to 30 April 2015 on a current market value basis. 

 

Movement in Investment Portfolio – 31 March 2015 to 30 April 2015

 

Item

Current Market  Value (at end of month)

Opening Balance at 31 March 2015

69,209,002.89

Add: New Investments Purchased

15,200,000.00

Add: Call Account Additions

2,000,000.00

Add: Interest from Call Account

4,007.97

 

Less: Investments Matured

15,200,000.00

Less: Call Account Redemption

2,300,000.00

Add: Fair Value Movement for period

0.00

Closing Balance at 30 April 2015

68,913,010.86

 

 


Investments Maturities and Returns – 31 March 2015 to 30 April 2015

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity

1,000,000.00

Auswide Bank Ltd (Previously Wide Bay)

TD

07/04/15

92

3.40%

8,569.86

1,000,000.00

Bankwest

TD

08/04/15

90

3.50%

8,630.14

2,200,000.00

Police Credit Union

TD

08/04/15

120

3.43%

24,808.77

2,000,000.00

Suncorp

TD

08/04/15

120

3.45%

22,684.93

2,000,000.00

Auswide Bank Ltd (Previously Wide Bay)

TD

08/04/15

90

3.40%

16,767.12

2,000,000.00

Bankwest

TD

10/04/15

63

3.10%

10,701.37

1,000,000.00

Macquarie Bank

TD

13/04/15

91

3.35%

8,352.05

2,000,000.00

ME Bank

TD

13/04/15

90

3.35%

16,520.55

2,000,000.00

ME Bank

TD

28/04/15

90

3.35%

16,520.55

15,200,000.00

 

 

 

 

 

133,555.34

         

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

 

Dissection of Council Cash Position as at 30 April 2015

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

64,200,000.00

64,200,000.00

0.00

Business On-Line Saver (At Call)

2,710,760.86

2,710,760.86

0.00

Managed Funds

1,500,000.00

1,472,250.00

(27,750.00)

Bonds

500,000.00

530,000.00

30,000.00

Total Investment Portfolio

68,910,760.86

68,913,010.86

2,250.00

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

705,754.08

705,754.08

0.00

Total Cash at Bank

705,754.08

705,754.08

0.00

 

 

 

 

Total Cash Position

69,616,514.94

69,618,764.94

2,250.00

 

Financial Implications

 

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

 

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

 

Statutory and Policy Compliance Implications

 

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

 

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

 

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

 

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

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Approval to write-off Bad Debt - Advanced Underground Technologies

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2015/384

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report is provided to Council to seek approval to write-off an outstanding sundry debt to Council in the name of Advanced Underground Technologies that has been outstanding since March 2002.

 

A Council resolution is required to write-off the outstanding debt of $83,496.76.

 

 

  

 

RECOMMENDATION:

That the debt for sundry debtor account 401.1, in the name of Advanced Underground Technologies for the amount of $83,496.76, be written-off on the basis that the debt can not be lawfully recovered.

 

 

 

 

 

 


 

Report

 

Council at its Ordinary Meeting held on 19 November 2002 considered a report to write-off a number of debts that included a debt in the name of Advanced Underground Technologies in the amount of $87,661.68.  After consideration of the report, Council resolved:

 

Res 02-1232 part 2:

 

That Council retains the debt $87,661.68 from Advanced Underground Technologies and continues to pursue all avenues of recovery.

 

The background behind this debt stems from a duplicated payment made to the Company on 16 February 2001 and again on 19 February 2001.  The duplicate payment resulted from an administrative error at the time for an early payment by electronic funds transfer (EFT) which was made but the payment was not removed from the normal scheduled payment run three days later so it was paid twice.  A number of attempts including legal action that incurred additional costs to recover the monies from the company failed.  It was later revealed the Company was in financial difficulty and a receiver was appointed to the Company in March 2002.

 

Notwithstanding the events that occurred 14 years ago and whether more could have been done at the time, the debt, is still currently recognised in Council’s accounts receivable system with a value of $83,496.76 outstanding.  Council though has provided for this debt every financial year as a doubtful debt (ie not likely to be recovered) since the 2001/2002 financial year.

 

Searches of the Australian Business Register and Australian Securities and Investments Commission websites reveal that Advanced Underground Technologies went into receivership and was deregistered as a company in 2008.

 

Regulation 213 of the Local Government (General) Regulation 2005 outlines the requirements for writing off debts other then rates and annual charges.  The amount fixed by Council is $5,000, as indicated in the delegation to the General Manager, for the maximum of an individual debt that can be written-off by delegated authority. This then means any debt greater then this value requires a Council resolution.

 

Regulation 213(5)(a) of the Local Government (General) Regulation 2005 allows a debt to be written off if the debt is not lawfully recoverable.  It is viewed in this instance this would be the case as there is no legal entity or Company to recover the debt from.

 

Financial Implications

 

There are no financial implications associated with this report as the debt subject of this report is currently provided for in Council’s financial records as a  doubtful debt and as such a provision has been made since the 2001/2002 financial year for the write-off of this debt.  By default because of this provision, Council has been recognising this debt in its annual financial statements at $0 each year since 2001/2002.  On the basis that Council determines to write-off the debt being the subject of this report, there will be no implication to the Council’s budget position or financial position.

 

Statutory and Policy Compliance Implications

 

Regulation 213 of the Local Government (General) Regulation 2005 outlines the statutory requirements for writing off debts that are not rates and charges as follows:

 

(1)     This clause does not apply to amounts owed to a council for rates or other charges for which the Act, or any other regulation in force under the Act, makes specific provision for writing off those amounts in specified circumstances.

 

(2)     A council must from time to time, by resolution, fix an amount above which debts to the council may be written off only by resolution of the council.

 

(3)     A debt of or below that amount can be written off either by resolution of the council or by order in writing of the council’s general manager. In the absence of a resolution under subclause (2), the council’s debts can be written off only by resolution of the council.

 

(4)     A resolution or order writing off a debt to a council must:

(a) specify the name of the person whose debt is being written off, and

(b) identify the account concerned, and

(c) specify the amount of the debt,

or must refer to a record kept by the council in which those particulars are recorded.

 

(5)     A debt can be written off under this clause only:

(a) if the debt is not lawfully recoverable, or

(b) as a result of a decision of a court, or

(c) if the council or the general manager believes on reasonable grounds that an attempt to recover the debt would not be cost effective.

 

(6)     The fact that a debt is written off under this clause does not prevent the council concerned from taking legal proceedings to recover the debt.

  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.8

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.8           Voluntary Visitor Contribution Fund - Update and Recommendations for 'Stage 2'

Directorate:                 Sustainable Environment and Economy

Report Author:           Joanne McMurtry, Community Policy Officer

File No:                        I2015/211

Theme:                         Economy

                                      Economic Development

 

Summary:

 

This report provides feedback on a short trial of the Voluntary Visitor Contribution Fund at Council’s two holiday parks, as per resolution 13-622. It also provides recommendations for ‘stage 2’ of the project which would involve inviting other businesses to take part in the initiative.

 

  

 

RECOMMENDATION:

1.       That the report and feedback on the short trial of the voluntary visitor contribution           fund through Council’s two holiday parks, be noted.

 

2.       That the project management tasks identified in this report for ‘Stage 2’ be endorsed           by Council, including the additional budget of $20,000 to resource Stage 2 of the           project funded from existing Holiday Park operational budgets for advertising over the           2014/2015 and 2015/2016 financial years.

 

3.       That a report on Stage 2 be reported back to Council outlining a progress update with           specific detail about the identified projects, the establishment of the Beautify Byron           Fund Distribution Panel and possible Council budgets where ‘matching’ funds have           been identified.

 

Attachments:

 

1        Beautify Byron Fund_A4 Visitor Poster, E2015/21449 , page 102  

2        Beautify Byron Fund transactions Council Holiday Parks Dec-Apr 2015, E2015/27120 , page 103  

3        Attachment to Report for Council - Tourism Industry Consultation and feedback about Voluntary Visitor Contribution Fund, E2015/16812 , page 105  

4        Beautify Byron_A4 Industry AdLetter, E2015/21450 , page 109  

5        Beautify Byron_A4 Visitor Letter for visitor guides - compendiums, E2015/21451 , page 110  

6        Beautify Byron_A4 Visitor Point of Sale counter top to accompany donation box, E2015/21452 , page 111  

 

 


 

Report

 

A Notice of Motion was considered by Council at the Ordinary Meeting of 21 November 2013, resulting in the following resolution (13-622):

 

1. That Council commence a trial voluntary visitor contribution at the First Sun and Suffolk Park caravan parks.

 

2. That staff ensure this requirement is outlined within the scope of future park management contracts.

 

3. That the trial period begins from 1 July, 2014, coinciding with new park management contracts and an evaluation be provided after the Summer holiday period, 2015.

 

4. That staff provide a report addressing the following aspects:

 

a) Creation of a Beautify Byron Fund, in which to receive funds raised and to provide a prioritised list of projects where the funds raised could be spent.

 

b) The development of a marketing and promotional strategy to facilitate the voluntary contribution project.

 

c) Inviting other businesses within Byron Bay to also take part in the voluntary contribution scheme, including being part of a governing body to oversee the Fund.

 

d) Financial implications.

 

Trial in Byron Shire Holiday Parks

 

The project was broken into two stages, being parts 1, 2 and 3 of resolution 13-622 as Stage 1, and part 4 as Stage 2.

 

To commence the trial of a voluntary visitor contribution fund at First Sun and Suffolk Park holiday parks, the following tasks were undertaken:

 

1.   A Request for Tender for the management of both parks was advertised with a closing date of 10 July 2014. Subsequently, Council resolved to not appoint a contractor based on the tender submissions, but to commence negotiations with the tenderers to come to an agreement.

 

2.   The following clause was inserted in the Request for Tender and attached Management Agreement around assisting Council to deliver the Voluntary Visitor Contribution Fund:

 

RFT document (p29): Assist Council in implementing and promoting a ‘voluntary donation’ scheme for the beautification of Byron Bay at both Holiday Parks subject to this Request for Tender.

 

3.   A contractor was appointed following negotiations.

 

4.   Promotional material was developed to promote the voluntary visitor contribution fund. Following are the two logo’s. A poster was developed (which is provided in the attachments) and a page added to Byron Shire Council’s website to inform visitors of the types of projects the funds would be used for. The Council website page is http://www.byron.nsw.gov.au/beautify-byron-fund

 

      

 

 

5.   An option to donate was provided on both the First Sun Holiday Park and the Suffolk Beachfront Holiday Park websites prior to Christmas 2014. A screen shot is provided below. RMS, the backend software company, would only allow an ‘opt-in’ option with $2 multiples per booking – refer to the ‘optional extra’s’ below.

 

 


 

Results of Stage 1

 

Whilst the option of collecting donations has been provided since before Christmas 2014, all donations received to-date were collected from February 2015 onwards. This is due to the holiday parks already being heavily booked over the summer school holidays.

 

Donations collected as at 29 April are as follows:

 

First Sun Holiday Park                     $44.00

Suffolk Beachfront Holiday Park    $38.00

 

TOTAL donations                             $82.00

 

Attached is a transaction record of the bookings made with names obscured. The level of donations is expected to increase over time. Notably many bookings for parks were made prior to the implementation of this short trial. Both the holiday parks receive bookings for peak times of the year a year or more in advance in some cases. For example, Christmas/ summer holiday regulars will book their next year’s holiday on leaving this year to go home. Therefore, it is assumed that none of the ‘regulars’ have been provided an option to donate during the short trial.

 

Calculations made on total transactions for both parks in the 2012/13 financial year indicate the total amount that could possibly be raised through this method is as follows (based on the assumption of $2 donation for each booking):

 

First Sun Holiday Park                     9,581 bookings = $19,162.00

Suffolk Beachfront Holiday Park    3,385 bookings = $  6,770.00

 

TOTAL possible donations                                              $25,932.00

 

 

‘Stage 2’ – Beautify Byron Fund

 

To prepare these recommendations for Council, the Economic Development & Tourism team conducted industry consultation sessions on a range of matters, including the Beautify Byron Fund project. Participants were requested to provide feedback about the project, both verbally and in the format of survey responses. The feedback collected is provided in an attachment.

 

The feedback collected from businesses around the Shire about the Beautify Byron Fund project included the following:

 

1.   Views were mixed in terms of why the project has merit and the following comments were offered:

·    Belief that visitors would be happy to contribute

·    Needs clear communication

·    Need to establish what the funds will be used for

·    ‘opt in’ is better than ‘opt out’ on websites (received better by the visitor)

 

2.   Participants were asked; how would you most like to participate in this project over the longer term? most businesses are interested to participate in the future (48%) and would be prepared to promote the program and contributions scheme through bookings systems and websites (36%), however preference was for an alternative donation style (eg collection box).

 

3.   When asked to select the top three projects for funding from the project, overwhelmingly improved public amenities were top (80%), followed by garden improvements and maintenance (49%) and improvements to Main Beach (46%).

 

4.   Additional feedback collected about the project includes:

 

·    Donations need to be linked to very clear objectives

·    Place making and innovation

·    Roads and traffic, bypass

·    Use and develop local projects to beautify Byron Shire and give unemployed jobseekers skills and a sense of community (maybe through work for the dole programs).

·    There is a serious need to command a rate levy

·    What can visitors do to make a positive difference: pick up rubbish, bin your butts, don’t walk in dunes, keep dogs on a leash and only visit dog areas on the beach.

 

Along with the logo and promotional materials, a range of resources were developed to use in Stage 2 of the project. Attached to this report are the following:

 

·    Advertisement to local industry about getting on board (Ad/letter)

·    Letter to visitors for insertion into visitor guides and accommodation compendiums

·    Point of Sale counter top display to accompany donation box

·    Poster for display or to use as advertisement to attract donations (used as Poster in Holiday Parks for trial)

 

In addition, a web domain name has been purchased www.beautifybyron.com.au There are many advantages to having a separate website for this project, including:

 

·    Perceived separation from Council which may halt contributors donating into ‘council funds’

·    More scope with imagery/look and feel (ie doesn’t have to conform with Council’s website template)

·    Will allow for collection of funds via the website (currently this facility is not available on Council’s website).

 

There is an additional fee to keep up the registration of the domain name of $50 for two years.

 

Project Management

 

Several tasks have been identified to implement the project in Stage 2, as follows.

 

Marketing infrastructure

 

1.   A website ‘widget’ be developed to enable businesses to place the widget on their websites with a direct link through to the www.beautifybyron.com.au website.

 

2.   Point of sale donation boxes be developed.

 

3.   www.beautifybyron.com.au website will need to be developed, along with a payment portal to collect donations. Considerations for the payment portal could include: Council’s bank, paypal, etc.

 

Project Management

 

1.   In order to encourage businesses to participate and assist with the build up of funds for projects, Council could ‘match’ donations collected by, or made by, businesses. This would be initially be capped at $20,000 per project, subject to review and dependent on the project (and Council budget allocations towards selected projects).

 

2.   Develop up a list of specific projects for funds to be spent on over the next twelve months, with target $ amounts against each. It is suggested that the ‘matching funds’ be found within these projects from Council’s existing budgets. Projects could be compiled from previous community feedback and the soon to be delivered Byron Bay Town Centre Masterplan.

 

3.   Businesses would be encouraged to match contributions collected from visitors via their business and then be deemed as partners to the program which would include a seat on the ‘Beautify Byron Fund distribution panel’. This proposed panel would prioritise possible projects from the list developed by Council. The Beautify Byron Fund Distribution Panel may be a sub-committee or Project Reference Group of the newly established Sustainable Economy Committee.

 

4.   A simple procedure will need to be developed for the collection of donations from participating businesses. It is suggested a separate bank account be set up by Council with funds held in trust for projects.

 

5.   Staff of participating businesses are ‘trained’ by a Council staff member to encourage promotion of the program.

 

6.   Consider data collection from the donators, so that direct feedback about the project can be provided through electronic newsletter.

 

Promotion Program

 

1.   The program be ‘launched’ to include other businesses that desire to be part of the program. Businesses could opt for one to three ways to participate:

 

a.   Including information on their website (along with promotional piece) and allow for collection of funds via their own booking processes;

b.   Install a widget on their website along with a short promotional piece, the widget then redirects the customer to www.beautifybyron.com.au for further information and donation

c.   Provide point of sale materials along with a donation box. The contents of the donation box would be deposited into the Beautify Byron Fund account on a regular basis.

 

2.   Key to the programs success are regular positive media stories being generated by projects underway or completed, and the business partners/ sponsors who are part of them.

 

 

Financial Implications

 

Donations collected as at 29 April for Stage 1 of Beautify Byron Fund are as follows:

 

First Sun Holiday Park                     $44.00

Suffolk Beachfront Holiday Park    $38.00

 

TOTAL donations                             $82.00

 

 

For Stage 2 of the project, additional funds are requested against the project management tasks, as follows:

 

Project Task

Estimated budget required

Comment

Marketing infrastructure

$5,000

Contract expertise to build a website, develop a widget and design point of sale boxes and material, and print/production.

Project Management

$10,000

Contract time to undertake tasks listed under project management above, including encouraging businesses to participate/sign up to the BBF, ‘training’ counter and sales staff, managing the Beautify Byron Fund Distribution Panel, undertake data collection from participants to improve the project.

Promotion

$5,000

For launch and advertising costs

 

There is scope in the caravan parks operational budgets in relation to advertising that can provide funds for the development and promotion of the program for stage 2. This allocation of budget is an important ‘buy-in’ to the overall objectives of the project and will assist to attract other businesses to participate.

 

Once a list of specific projects for funds to be spent on over the next twelve months has been developed, ‘matching funds’ can be identified within these projects from Council’s existing budgets.

 

A further report to Council will be provided when Stage 2 of the project is progressed outlining a progress update with specific detail about the identified projects, the establishment of the Beautify Byron Fund Distribution Panel and possible Council budgets where ‘matching’ funds have been identified.

 

Statutory and Policy Compliance Implications

 

Regulation 211 of the Local Government (General) Regulation 2005 requires Council to authorise expenditure before it is incurred through the provision of a budget allocation.  However, the requested funding in this report for this project is within existing and proposed advertising budgets for the Holiday Parks over the remainder of the 2014/2015 financial year and the 2015/2016 financial year.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.8 - Attachment 1

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Staff Reports - Sustainable Environment and Economy              13.8 - Attachment 3

TOURISM INDUSTRY CONSULTATION

During October 2014, Byron Shire Council conducted a series of consultation meetings with local tourism operators and tourism related businesses within the Byron Shire.

Five consultation meetings were held across the Shire with over 50 people representing a range of businesses.

In addition to the workshops, a number of individual sessions were held with businesses across the Shire delivering similar information and obtaining feedback from individual businesses.

Participants were mostly the owner or Managers of the business and covered many sectors within tourism, such as: accomodation, festivals, arts, tour operators, food producers, visitor centres and retreats. There was a total of fifty three participants in all the workshops. (A list of participants can be found in document E2014/64432 and a list of individual meetings scheduled in E2014/56244.)

Sessions were run in an interactive ‘inform and response’ format, with a short presentation, and then feedback sought from participants via a survey.

VISITOR VOLUNTARY CONTRIBUTION FUND FEEDBACK

Chart_Q22_141113

Choices included:

¨ Aligns well with the Byron Destination Brand

¨ Is a positive way to encourage visitors to make a contribution to our towns/villages

¨ It is a positive way for the tourism industry to contribute to community assets

¨ Other ___________________________________________________________

Views were mixed in terms of why the project has merit and the following comments were offered:

·    Needs clear communication

·    Need to establish what the funds will be used for

·    ‘opt in’ is better than ‘opt out’ on websites (received better by the visitor)

 

Chart_Q23_141113

Participants were asked; how would you most like to participate in this project over the longer term?

¨ Our organisation would like to be part of the founding project team

¨ Our business would promote the program/and contributions scheme through our booking system/website

¨ We would like to support the program in another way because we do not take online bookings

¨ We may be interested in the future, please keep us up to date on progress

¨ This program would not interest us

These results show that most businesses are interested in the future (48%) and would be prepared to promote the program and contributions scheme though bookings systems and websites (36%).

Chart_Q24_141113

The choices included:

¨ garden improvements and maintenance

¨ improvements to Main Beach – Apex Park, Denning Park and along pathway

¨ improvements to beaches

¨ town entrance improvements

¨ more bike racks

¨ Footpath upgrades

¨ Graffiti removal

¨ Bin/ waste maintenance and replacement/ improvements

¨ Improved public amenities eg toilet upgrades

 

The results are overwhelmingly in favour for the improved public amenities (80%), followed by garden improvements and maintenance (49%) and improvements to Main Beach (46%).

Feedback collected about the project includes:

·    Donations need to be linked to very clear objectives

·    Place making and innovation

·    Roads and traffic, bypass

·    Use and develop local projects to beautify Byron Shire and give unemployed jobseekers skills and a sense of community through work for the dole programs.

·    There is a serious need to commander rate levy

·    What can visitors do to make a positive difference: pick up rubbish, bin your butts, don’t walk in dunes, keep dogs on a leash and only visit dog areas on the beach.

 


BYRON SHIRE COUNCIL

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Staff Reports - Sustainable Environment and Economy                                   13.9

 

 

Report No. 13.9           PLANNING - Development Application 10.2014.742.1 - Demolition of existing single-storey motel building. Erection of a three (3) storey motel accommodation building plus two (2) levels of basement parking - 33 Lawson Street, Byron Bay

Directorate:                 Sustainable Environment and Economy

Report Author:           Paul Mills, Senior Assessment Officer - Planning

File No:                        I2015/375

Theme:                         Ecology

                                      Development and Approvals

 

Proposal:

 

Property description:

LOT: 8 SEC: 8 DP: 758207

33 Lawson Street BYRON BAY

Parcel No/s:

41820

Applicant:

D P Roberts Planning Solutions

Owner:

Mr P J Croke

Zoning:

B2 Local Centre Zone

Date received:

9 December 2014

Integrated Development:

No

Public notification or exhibition:

-    Level 2 advertising under DCP 2014 Part A14 - Public Notification and Exhibition of Development Applications

-    Exhibition period: 6/01/15 to 19/01/15

-    Submissions: Nil.

Delegation to determination:

Meeting of full Council

Issues:

·    A review of Council’s radioactive sand fill mapping identifies the subject site is likely to contain radioactive sand fill which could be disturbed as the proposal involves excavation for two levels of basement parking. SEPP No.55 specifies that Council must not grant consent unless it has assessed if the land is contaminated. The applicant has not provided a preliminary site investigation prepared in accordance with the relevant NSW Guidelines for SEPP No.55 (Remediation of land).

·   Council may also be liable if consent were to be granted without acting substantially in accordance with the contaminated land planning guidelines pursuant to Section 145B (Exemption from liability - contaminated land) of the Environmental Planning and Assessment Act 1979.

·   The subject site is identified as containing potential Class 5 Acid Sulfate Soils and a preliminary assessment has not been provided for acid sulfate soils. Consent must not be granted under Clause 6.1 of Byron LEP 2014 for the carrying out of works unless an acid sulfate soils management plan has been prepared.

·   The proposal exceeds the maximum height standard for the site by 1.64 metres (a non-compliance of 18.2% with Clause 4.3 Byron LEP 2014).

·   The proposed building exceeds the Floor Space Ratio for the site by 22.5m2 of floor area (non-compliance of 1.7% with Clause 4.4 of Byron LEP 2014).

·   The proposed building is considered to be excessive in terms of height, bulk and scale.

·   Flood prone land. Flood barriers are proposed to be erected in the event of flooding to prevent water entering the basement levels of the proposed building.

 

Summary:

 

The application seeks development consent for the demolition of an existing single-storey motel building and outdoor parking area. The proposal seeks to redevelop the site with the erection of a new five (5) level motel development comprising two (2) levels of basement parking and a three-storey motel building above. The first level of the basement is raised approximately 1.39m above existing ground level.  

 

The proposed motel development comprises forty-three (43) motel rooms each with double bed, private bathroom and an external balcony.

 

A review of Council’s radioactive sand fill mapping (extract shown in Figure 1) identifies the subject site is likely to contain radioactive sand fill which could be disturbed as the proposal involves substantial excavation for two levels of basement parking.

 

The applicant has not provided a preliminary site investigation prepared in accordance with the relevant NSW Guidelines for SEPP No.55 (Remediation of land). On 29 April 2015, whilst drafting this report, the applicant submitted a brief site assessment which was not prepared in accordance with the relevant NSW Guidelines for SEPP No.55 (Remediation of land).

 

SEPP No.55 specifies that Council must not grant consent unless it has assessed if the land is contaminated; and if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out; and if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

 

Pursuant to Section 145B (Exemption from liability - contaminated land) of the Environmental Planning and Assessment Act 1979, Council may be liable if consent were to be granted without acting substantially in accordance with the ‘contaminated land planning guidelines’.

 

The proposal is non-compliant with the provisions of Byron LEP 2014 Clause 4.3 (Height of buildings), Clause 4.4 (Floor space ratio), Clause 6.1 (Acid sulphate soils) and Clause 6.2 (Earthworks).

 

The proposed building with a maximum height of 10.64m exceeds the 9.0m height limit by 1.64m (a non-compliance of 18.2%). The proposal exceeds the maximum floor space ratio by 22.5m2 (a non-compliance of 1.7%). The applicant has submitted a written request to vary the maximum height and floor space ratio pursuant to Clause 4.6 (Exceptions to development standards). As detailed in this report, the applicant has not demonstrated that compliance with the height limit or floor space ratio is unreasonable or unnecessary.

 

The subject site is identified as containing Class 5 acid sulfate soils by Council’s LEP 2014 mapping. The applicant has not submitted a preliminary assessment of the proposed works to demonstrate that an acid sulfate soils management plan is not required. As such consent must not be granted in accordance with Clause 6.1 Byron LEP 2014.

 

The proposal is also considered to be inconsistent with Byron DCP 2014 controls relating to the height, bulk, scale, social impact assessment and environmental impacts for tourist accommodation.

 

Overall the applicant has failed to submit essential information to support the proposed development and the proposed development is considered to be excessive in terms of height, bulk and scale. The proposed development is considered to have insufficient planning merit and it is recommended that the application be refused consent.

 

 

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 10.2014.742.1 for demolition of existing single-storey motel building and erection of a three (3) storey motel accommodation building plus two (2) levels of basement parking, be refused for the following reasons:

 

1.    Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the height of the proposed building exceeds the maximum height shown for the land on the Height of Buildings Map, contrary to Clause 4.3 of Byron Local Environmental Plan 2014.

 

2.    Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the floor space ratio of the proposed building exceeds the floor space ratio shown for the land on the Floor Space Ratio Map, contrary to Clause 4.4 of Byron Local Environmental Plan 2014.

 

3.    Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, an acid sulfate soils management plan (or a preliminary assessment) has not been provided to Council, in accordance with Clause 6.1 of Byron Local Environmental Plan 2014 development consent must not be granted.

 

4.    Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, it has not been demonstrated that the subject land is not contaminated and in accordance with Clause 7 of State Environmental Planning Policy No.55 (Remediation of land). Council must not consent to the carrying out of any development on land unless it has determined whether the land is contaminated or suitable for the purpose.

 

5.    Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 the proposed height, bulk and scale of the proposed building is likely to have a negative impact on the built environment of the locality.

 

6.    Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be contrary to the public interest in terms of possible environmental impacts.

Attachments:

 

1        Proposed Plans Development Applicaton 10.2014.742.1 submitted by DP Roberts Planning Solutions, E2015/27680 (provided under separate cover)  

2        Proposed streetscape 10.2014. 742.1- (Lawson St Byron Bay), E2015/27752 , page 136  

3        Response from Office of Water (Dep of Primary Industries), S2015/5025 , page 137  

 

Assessment:

 

1.       INTRODUCTION

 

1.1     History/Background

 

Past applications over the subject site:

 

BA 78/2308         Building application for Motel Additions determined 9 October 1978.

 

BA 82/2700         Building Application for Unit additions determined 13 December 1982.

 

BA 86/2051         Building application for Minor alterations determined 25 February 1986.

 

1.2     Consultation with Applicant

 

Following a review of the limited information that was submitted on 17 December 2014, the Assessment Officer wrote to the applicant raising concerns about the excessive height and FSR of the proposal and requested amended plans to comply with the relevant LEP 2014 controls.

 

The applicant responded on 1 April 2015 advising that the proposed height non-compliance was directly related to the increased ground floor height required to meet Council’s Flood Planning Level. However, contrary to the applicant’s claim, the proposed 1.64m non-compliance with the height control is not required to satisfy Council’s Flood Planning Level. If the Flood Planning Level was the only consideration, the ground floor of the building is only required to be raised 0.78m to achieve compliance.

 

It is considered the applicant could make plan amendments, whilst maintaining a three-storey design, to achieve a significantly reduced building height, much closer to the maximum height of 9.0m or alternatively have a two-storey design that would be able to comply with the maximum height of 9.0m.

 

The applicant has increased the ground floor height of the building in excess of Council’s Flood Planning Level of 3.17m AHD, with the ground floor of the proposed building being 3.78m AHD. The ground floor level should be lowered from 3.78m to 3.17m this would immediately lower the building by 0.61m. The applicant has also allowed 3.0m for each floor of the building, if the floor to ceiling heights of each of the three levels were also lowered, the overall building height would be further reduced. A revised design not exceeding the 9 metre height limit by more than 0.50m would likely be considered more favourably in view of the flood planning level for the subject site. 

 

Notwithstanding the above, the applicant has also failed to provide essential information including a preliminary site investigation prepared in accordance with the relevant NSW Guidelines for SEPP No.55 (Remediation of land). The applicant has also failed to provide a preliminary assessment with regard to acid sulphate soils, without an acceptable preliminary assessment Clause 6.1 of Byron LEP 2014 specifies that development consent must not be granted. 

 

1.3     Description of the site

 

The subject site is located at 33 Lawson Street, Byron Bay and is legally described as Lot 8 Section 8 DP758207. The site is located on the northern side of Lawson Street between Middleton Street and Fletcher Street. The rear of the site adjoins Bay Lane.

 

The site is a regular shaped allotment with a frontage of 20.12 metres to Lawson Street (front) and Bay Lane at the rear and a length of 50.37 metres. The applicant has advised the site has a total area of 1013m2

 

The site contains an existing single-storey motel development (Hibiscus Motel) with vehicular access from Lawson Street and on-site parking area.

 

Surrounding development

 

Existing development on the site at 31 Lawson Street comprises a two-storey (plus upper level mezzanine) building with commercial development at ground level and 2 x 2 bedroom dwelling units on the first floor and upper level mezzanine.

 

Existing development on the adjoining land at No.35 Lawson Street comprises a two storey plus attic level building known as ‘Waves’.

 

1.4     Description of the proposed development

 

The application seeks development consent for the demolition of an existing single-storey motel building and outdoor parking area. The proposal seeks to redevelop the site with the erection of a new five (5) level motel development comprising two (2) levels of basement parking and a three-storey motel building above.

 

The proposed motel development comprises forty-three (43) motel rooms each with double bed, private bathroom and an external balcony.  Fifteen (15) of the proposed motel rooms have kitchenette facilities.

 

An elevator and stair access is proposed between each of the proposed levels, with a chair lift and stairs proposed to provide street level access.  Listed below in Table 1 is a summary of what is proposed on each level.

 

Table 1 – Development proposed by level

Level

Details

Basement Level 2

twenty-six (26) car parking spaces, service area, and one-way signal control vehicular access ramp. 

Basement Level 1

twenty-one (21) car parking spaces (including three accessible parking spaces and four stacked parking spaces), bicycle parking area, garbage bin storage room, two store/service rooms, two-way vehicle access ramp to ground level and one-way signal control vehicular access ramp to Basement Level 2.  

Level 1

(Ground Floor)

reception and office, access chair lift, swimming pool and thirteen (13) motel rooms

Level 2

(First Floor)

fifteen (15) motel rooms including two wheelchair accessible rooms

Level 3

(Second Floor)

fifteen (15) motel rooms  including one wheelchair accessible room

 

Vehicular access to the proposed basement parking levels is proposed from Lawson Street. Basement parking is proposed to contain a total of forty-seven (47) parking spaces including six (6) accessible parking spaces and a separate bicycle parking area. 

 

The proposed building incorporates rendered and painted masonry wall construction, with elements of timber look cladding, sliding louvre screens, operable rooves for external balconies.    

 

 

 

 

 

 

 

2.       SUMMARY OF GOVERNMENT/EXTERNAL REFERRALS

 

 

Summary of Issues

Senior Development Engineer

Flood liable land, car parking, coastal erosion, internal and external access. No objection to the proposal subject to condition.   See Doc No.A2014/34368.

Environmental Officer

Council’s Environmental Officer has objected to the proposal with regard to acid sulfate soils, SEPP No.55 (remediation of land) and dewatering.  

Water & Waste Services

Section 68 application required for water and sewerage connections. See Doc No.E2015/2202.

ET Engineer

Water and sewerage services available subject to the payment of applicable charges. See Doc No. A2015/3932.

NSW Office of Water

The application was referred to the NSW Office of Water for comment. (see Attachment 2 for comments).

 

No other referrals.

 

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

 

Proposed

Complies

State Environmental Planning Policy No. 71 - Coastal Protection

 

Matters for consideration for development within the coastal zone include:

-    retention of existing public access to the coastal foreshore

-    impact of effluent disposal on water quality

-    development must not discharge untreated stormwater into a coastal water body.

 

The proposal is consistent with the provisions of SEPP 71.

Yes

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

 

SEPP No.65 applies to ‘residential flat building’ development.

residential flat building means a building that comprises or includes:

(a)  3 or more storeys (not including levels below ground level provided for car parking or storage, or both, that protrude less than 1.2 metres above ground level), and

(b)  4 or more self-contained dwellings (whether or not the building includes uses for other purposes, such as shops),

but does not include a Class 1a building or a Class 1b building under the Building Code of Australia.

 

 

The proposal is not for a residential flat building and as such SEPP No.65 is not applicable.

N/A

State Environmental Planning Policy No 55 - Remediation of Land (SEPP No.55)

 

Clause 7 of SEPP No.55 specifies that contamination and remediation is to be considered in determining development application.

 

See assessment following this Table.

No*

(*see assessment following this Table)

Building Code of Australia

The proposed development is considered to be capable of satisfying the Building Code of Australia.

 Satisfactory

Demolition

Should the application have been considered favourably conditions to require compliance with the relevant Australian Standard for demolition would have been imposed.

Yes

Disability Access (DDA)

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

The proposal seeks to provide a chair lift from the Lawson Street level to provide accessibility. The proposed elevator would provide internal accessibility.

 Satisfactory

 

State Environmental Planning Policy No 55 - Remediation of Land

 

Clause 7 of SEPP No.55 sets out Council’s obligations in the assessment of land contamination and remediation. Clause 7(1)(a) specifies:

 

“(1) A consent authority must not consent to the carrying out of any development on land unless:

(a)  it has considered whether the land is contaminated, and

(b)  if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c)  if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.”

 

The applicant has not provided a preliminary site investigation prepared in accordance with the relevant NSW Guidelines for SEPP No.55 (Remediation of land) with regard to history or condition of the subject site.

 

A review of Council’s radioactive sand fill mapping (extract shown in Figure 1) identifies the subject site is likely to contain radioactive sand fill.

 

The applicant was requested to provide a preliminary site investigation in accordance with SEPP No.55 Guidelines to allow for a preliminary assessment to be undertaken. Despite this request the applicant has not submitted a preliminary assessment prepared in accordance with the relevant NSW Guidelines for SEPP No.55 (Remediation of land).

 

Pursuant to Clause 7(1)(a) of SEPP No.55, Council as consent authority, must not consent to the carrying out of this development as it has not been able to determine whether land is contaminated.

 

Figure 1 – Subject site shown in yellow as containing possible radioactive sand fill

 

It is noted that on 29 April 2015 the applicant submitted a brief assessment which was not prepared in accordance with the relevant NSW Guidelines for SEPP No.55 (Remediation of land).

 

It is also important to note that Section 145B (Exemption from liability - contaminated land) of the Environmental Planning and Assessment Act 1979, states, (in part):

 

(1)  A planning authority does not incur any liability in respect of anything done or omitted to be done in good faith by the authority in duly exercising any planning function of the authority to which this section applies in so far as it relates to contaminated land (including the likelihood of land being contaminated land) or to the nature or extent of contamination of land.

(2)  This section applies to the following planning functions:

(c)  the processing and determination of a development application and any application under Part 3A or Part 5.1,

(d)  Without limiting any other circumstance in which a planning authority may have acted in good faith, a planning authority is (unless the contrary is proved) taken to have acted in good faith if the thing was done or omitted to be done substantially in accordance with the contaminated land planning guidelines in force at the time the thing was done or omitted to be done.

(e)  This section applies to and in respect of:

(a)  a councillor, and

(b)  an employee of a planning authority, and

(c)  a public servant, and

(d)  a person acting under the direction of a planning authority,

in the same way as it applies to a planning authority.

As advised in Section 145B of the Environmental Planning and Assessment Act 1979, Council may incur liability if it were to grant consent to the proposed development without acting substantially in accordance with the current contaminated land planning guidelines.

 

3.2     BYRON LOCAL ENVIRONMENTAL PLAN 2014

 

Zone: B2 Local Centre

Definition: Hotel or motel accommodation

LEP Summary of Requirement

Proposed

Complies

Zone B2   Local Centre

1   Objectives of zone

•    To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

•   To encourage employment opportunities in accessible locations.

•   To maximise public transport patronage and encourage walking and cycling.

•   To encourage vibrant centres by allowing residential and tourist and visitor accommodation above commercial premises.

 

 

The proposed development is considered to be generally consistent with the objectives of the B2 Local Centre Zone.

 

Yes

Permissibility

hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that:

(a)  comprises rooms or self-contained suites, and

(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,

but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.

 

 

The proposed hotel or motel accommodation is permissible with the consent of Council within the B2 Local Centre Zone.

 

Yes

2.7   Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

 

This application seeks consent for the demolition of the existing motel.

 

Yes

4.3   Height of buildings

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

(a)  to achieve building design that does not exceed a specified maximum height from its existing ground level to finished roof or parapet,

(b)  to ensure the height of buildings complements the streetscape and character of the area in which the buildings are located,

(c)  to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development.

(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The Height of Buildings Map provides the maximum height limit of 9.0 metres for the subject site.

 

Maximum roof height (excluding lift tower) 13.03m AHD lowest level below 2.39m AHD. Maximum height calculated to be 10.64m.

No*

(*See assessment following this Table)

4.4   Floor space ratio

(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. The FSR Map identifies the site to have a maximum FSR of 1.3:1.

 

Gross floor area calculations by level: Ground level        398.0m2 First Floor             470.7m2 Second Floor            470.7 m2

Total GFA          1339.4m2

 

Site area 1013m2/ GFA 1339.4m2

Proposed FSR is 1.322:1

No*

(*See assessment following this Table)

4.6   Exceptions to development standards

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

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

 

See assessment following this table.

No

5.5   Development within the coastal zone

Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered the matters within Clause 5.5 and is satisfied with regard to the matters in Clause 5.5.

 

The proposed development is considered to be acceptable with regard to the matters for consideration within the coastal zone.

Yes

6.1   Acid sulfate soils

(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.

(2)  Development consent is required for the carrying out of works described in the table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.

 

Class of land

Works

5

Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.

 

 

(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if:

(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and

(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.

...

(6)  Despite subclause (2), development consent is not required under this clause to carry out any works if:

(a)  the works involve the disturbance of less than 1 tonne of soil, and

(b)  the works are not likely to lower the watertable.

 

The subject site is identified as containing Class 5 acid sulfate soils by Council’s LEP 2014 mapping. The proposal involves excavation for a two level basement. The applicant has not submitted a preliminary assessment of the proposed works to demonstrate that an acid sulfate soils management plan is not required. As such consent must not be granted under Clause 6.1.

No

 

6.2   Earthworks

(1)  The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

(2)  Development consent is required for earthworks unless the earthworks are exempt development under this Plan or another applicable environmental planning instrument.

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

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

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

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

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

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

(f)  the likelihood of disturbing relics,

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

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

 

A large amount of excavation is associated with the construction of the proposed two level basement.  The environmental impacts of the proposed excavation have not been able to be adequately assessed in the absence of information on matters such as acid sulphate soils, dewatering and land contamination. 

No

6.3   Flood planning

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

(a)  to minimise the flood risk to life and property associated with the use of land,

(b)  to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

(c)  to avoid significant adverse impacts on flood behaviour and the environment.

(2)  This clause applies to land at or below the flood planning level.

(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a)  is compatible with the flood hazard of the land, and

(b)  will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c)  incorporates appropriate measures to manage risk to life from flood, and

(d)  will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

(4)  In determining a development application for development at or below the future flood planning level, the consent authority must, in addition to the matters referred to in subclause (3), also consider the following matters:

(a)  the proximity of the development to the current flood planning area,

(b)  the intended design life and scale of the development,

(c)  the sensitivity of the development in relation to managing the risk to life from any flood,

(d)  the potential to modify, relocate or remove the development.

(5)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause.

 

The proposed development is capable of complying with the flood planning controls in Clause 6.3. The proposed ground floor level exceeds the flood planning level of 3.17 AHD by 0.61m.

Yes

6.6   Essential services

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

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage,

(d)  stormwater drainage or on-site conservation,

(e)  suitable vehicular access.

 

The essential services identified in Clause 6.6 are available.

Yes

 

3.2.1    Byron Local Environmental Plan 2014 – Exceptions to development standards Clause 4.6 Assessment

 

1.         Non-compliance with Clause 4.3 Height of buildings (Clause 4.6 assessment)

 

Clause 4.6(3) specifies:

 

(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

 

Assessment: A written request has been submitted by the applicant seeking to justify a building height of 10.09m on the subject site. The maximum height of the proposed building is 10.64m, not 10.09m as stated in the written request. The proposed building is 1.64m higher than the 9.0m height control (a non-compliance of 18.2%).

 

It is considered that the development standard (height of buildings) has not been demonstrated to be unreasonable or unnecessary in the circumstances of this case. The applicant has also not demonstrated there are sufficient environmental planning grounds to justify the contravention. The applicant has provided matters to justify the proposed contravention and the relevant matters are assessed as follows:

 

-     The height of the existing building at No.35 Lawson Street is 14.14m. The development consent (DA 5.1993.167.1) for the increased height of this building was granted in 1993 under a different height control. The existing building at No 35 Lawson Street, has a sloping roofline containing only smaller ‘attic’ areas above the former 7.5m limit. Council previous DCP set a 7.5m height limit measured at the top-plate of the outer walls of the building (not the roofline). No.35 Lawson Street is also a corner allotment which may allow for height increase.

 

-     Development application 10.2014.361.1 allowed alterations and additions to the building at No.35 Lawson Street to reach a height of 13.03m. This application involved lowering the height of the existing building from the existing 14.14m to 13.03m. It is also noted these approved alterations and additions have not been commenced.

 

-     The applicant has stated the additional height of the building is a direct result of the flood prone nature of the site and the need to elevate the ground floor to Council’s flood level plus freeboard. This is not correct, the additional floor height to satisfy Council’s flood planning level is approximately 0.77m, whilst the proposed height non-compliance is 1.64m.

 

-     The applicant notes that the proposed development will not adversely impact on the streetscape in view of other existing buildings including those on the opposite side of Lawson Street. The proposed increase in height and bulk of the building is not considered to be compatible with the streetscape. It is considered the relevant streetscape assessment involves only the northern side Lawson Street between Middleton Street and Fletcher Street. The streetscape drawing submitted does not establish the relevant streetscape within the 9.0m height control area. Any reference to buildings on the opposite side of Lawson Street is not considered relevant as the height limit there is 11.5m.

 

(4)  Development consent must not be granted for development that contravenes a development standard unless:

(a)  the consent authority is satisfied that:

(i)         the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

 

Assessment: It is considered that the applicant’s written request contains miscalculations and does not adequately address the matters as required by subclause 3.

 

(ii)        the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

 

Assessment:  The objectives of Clause 4.3 (height of buildings) are as follows:

 

(a)   to achieve building design that does not exceed a specified maximum height from its existing ground level to finished roof or parapet,

(b)   to ensure the height of buildings complements the streetscape and character of the area in which the buildings are located,

(c)   to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development.

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

 

It is considered the proposed height of the building does not satisfy the objectives of Clause 4.3. The proposed building height is considered to be excessive in the relevant streetscape. The proposed development is considered to be generally consistent with the objectives of the B2 Local Centre Zone as these objectives do not refer to built form. 

 

(b)  the concurrence of the Director-General has been obtained.

 

Assessment: Concurrence of the Director-General is able to be assumed for non-compliances with Clauses 4.6 (pursuant to Planning Circular 08-003).

 

2.         Non-compliance with Clause 4.4 Floor space ratio (Clause 4.6 assessment)

 

Clause 4.6(3) specifies:

 

(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

 

Assessment:  It is considered that the development standard (floor space ratio) has not been demonstrated to be unreasonable or unnecessary in the circumstances of this case. The applicant has also not demonstrated there are insufficient environmental planning grounds to justify the contravention. The applicant has provided the following comments in an attempt to justify the proposed contravention, which are assessed below:

 

-     “The proposed variation is minor as it only requests a 1.7% variation.”

 

The proposed 1.7% variation represents an additional 22.5m2 of gross floor area.

 

-     The degree if variation will represent no material change in the building (sic)

 

The deletion of 22.5m2 of gross floor area would result in a material change in the proposed building.

 

-     There are no additional bulk and scale impacts as a result of the minor non-compliance.

 

The proposed additional 22.5m2 of gross floor area increases the bulk of the building. The proposed increased floor area is also exacerbated by the substantial height non-compliance of the building.

 

-     The proposed variation results in better internal amenity for the proposal.”

 

No evidence or explanation has been submitted by the applicant to support the above claim. The deletion of one motel room would be sufficient to satisfy the maximum FSR maintaining the internal amenity.

 

(4)  Development consent must not be granted for development that contravenes a development standard unless:

(a)  the consent authority is satisfied that:

(i)         the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

 

Assessment: It is considered that the applicant’s written request does not adequately address the matters required to be demonstrated in subclause 3 as detailed.

 

(ii)        the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

 

Assessment:  The objectives of Clause 4.4 (floor space ratio) are as follows:

 

(a)          to ensure that new buildings are appropriate in relation to the character, amenity and environment of the locality,

(b)          to enable a diversity of housing types by encouraging low scale medium density housing in suitable locations,

(c)          to provide floor space in the business and industrial zones adequate for the foreseeable future,

(d)          to regulate density of development and generation of vehicular and pedestrian traffic,

(e)          to set out maximum floor space ratios for dual occupancy in certain areas.

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

 

It is considered the proposed FSR of the building does not satisfy the objectives of Clause 4.4.

 

(b)  the concurrence of the Director-General has been obtained.

 

Assessment: Concurrence of the Director-General is able to be assumed for non-compliances with Clauses 4.6 (pursuant to Planning Circular 08-003)

 

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

 

No relevant Draft Environmental Planning Instruments have been identified.

 

3.3     DEVELOPMENT CONTROL PLAN

 

Byron Development Control Plan 2014

 

Control

Assessment

 Compliance

Chapter B11  Planning for Crime Prevention

B11.2.1 Development that Requires a Formal Crime Risk Assessment

1.  Council will expect a formal Crime Risk Assessment for the following types of development:

…….

other developments that, in the Council’s opinion, are likely to create a risk of crime.

 

2.  Development Applications for the proposals listed in 1. above must be accompanied by a formal Crime Risk Assessment prepared by or on behalf of the applicant in accordance with NSW Police Force guidelines. The Crime Risk Assessment shall:

a)   assess the crime risk characteristics of the area;

b)   make provision in the design process to minimise crime risk; and

c)   address the CPTED principles as they apply to the proposed development.

The proposed two level basement car park may provide an increased crime risk area. The submitted statement of Environmental Effects has not addressed Planning for Crime Prevention.

 

Should the application have been considered favourably further details would have been requested with regard to planning for crime prevention.

No

Chapter B12 Social Impact Assessment

B12.1.3 Application of this Chapter

A Social Impact Assessment (SIA) is required for

tourist and visitor accommodation for 50 or more persons.

A Social Impact Assessment must be conducted and certified by a suitably qualified person and in manner prescribed in Chapter B12.

 

The application has not submitted a Social Impact Assessment.

No

Chapter D3 – Tourist Accommodation

D3.2.1 Location and Siting

The siting, design and operation of tourist accommodation and associated development must not adversely affect important conservation values, ecological systems or characteristics of the site or the Shire. Development must respect and contribute to the natural environmental systems and values of its location and surrounds.

 

The proposed design of the development involves two levels of basement parking. It has not been demonstrated that the proposed development will not adversely affect conservation values and respect the natural environment. 

 

No

Development applications for proposals located in or near ecologically sensitive areas, areas of high conservation values and/ or important natural features or sites must include a full description of those ecological, conservation and natural values and systems, together with a comprehensive, professional assessment of the impact of the proposed development thereon. The impact assessment must include an evaluation of the effectiveness and sustainability of any proposed amelioration and management measures.

 

The site is located in an ecologically sensitive area in terms of acid sulphate soils and groundwater. The application does not include a full description of those ecological, conservation and natural values and systems, together with a comprehensive, professional assessment of the impact of the proposed development thereon.

No

D3.2.4 Character and Design in Business and Mixed Use Zones

Tourist accommodation in Zones B1, B2 and B4 must be compatible in character and amenity with development in the locality. The provisions of the following Sections in Chapter D4 Commercial and Retail Development apply to all tourist accommodation development in Zones B1, B2 and B4 in the same way they apply to commercial and retail development in Business and Mixed Use zones:

Section D4.2.1 – Design Character of Retail and Business Areas.

Section D4.2.2 – Design Detail and Appearance.

 

Noted.

Yes

D3.3.6 Hotel or Motel Accommodation

The design and operation of hotel or motel accommodation must be compatible with the streetscape and character of development in the locality.

 

Development applications must demonstrate that the proposed development will be appropriately designed and landscaped consistent with the requirements of Chapters B11 Planning for Crime Prevention and B9 Landscaping.

 

Hotel or motel accommodation development must not adversely affect the amenity of the precinct in which it is located. Development applications may need to be accompanied by a Social Impact Assessment prepared pursuant to Chapter B12 Social Impact Assessment, where applicable.

 

External pedestrian access must be provided between accommodation units and other facilities associated with the development, including car parking. The access must comprise covered connecting pathways or access balconies with an all-weather surface and must be integrated with the overall landscape plan for the development.

 

Motels must incorporate eating and living areas and facilities, together with outdoor recreation/ living areas with access to winter sun and summer shade. They may also include self-contained cooking facilities.

 

Development must be designed and constructed to minimise noise and vibration impacts on occupants of adjoining or nearby dwellings or buildings.

 

The proposed excessive height and excessive bulk of the proposed building is not considered to be compatible with the streetscape on

the northern side of Lawson Street between Middleton Street and

Fletcher Street.

 

The applicant has not demonstrated compliance with Chapters B11 Planning for Crime Prevention or Chapter B9 Landscaping.

 

The applicant has not satisfied the requirements for Social Impact Assessment detailed in Chapter B12.

 

Pedestrian access is provided between accommodation units and other facilities including car parking.

No

D4.2.2 Design Detail and Appearance

The design of new buildings must reflect and enhance the existing character of the precinct. The design, scale, bulk, design and operation of business, commercial and retail development must be compatible with the streetscape and with the aesthetics, function and amenity of development in the locality.

 

Building design, roof profile, detailing, colours, materials and the like that are visible from the street and from adjoining properties must be compatible with any dominant design themes in the surrounding locality.

 

The pattern of windows in retail areas must provide visual interest and variation and must relate to those of adjacent buildings. Building materials must relate to the context of buildings within the area to achieve continuity and harmony. Contrasting materials may be used to provide diversity, however materials and colour must not be used so that they dominate the streetscape.

 

The design, bulk and scale of this development is not compatible with the streetscape on the northern side of Lawson Street between Middleton Street and Fletcher Street.

 

No

Chapter D8 - Public Art

D8.2.1 Provision of Public Art

1.       Development to which this Section applies must include the provision of public art to the value of at least 2% of the total development cost (calculated in accordance with the Environmental Planning & Assessment Regulation) up to a maximum of $25,000, as an integral part of the development.

 

2.       The public art must be permanent and durable, and must be provided in a location on the development site that is freely accessible to members of the public or clearly visible from the public domain.

 

3.       Details of the proposed public art must be submitted as part of the Development Application documentation. The documentation must include details of the nature and form of the proposed public art; and must define and illustrate its intended location and approximate size.

 

4.       The documentation must also demonstrate how the proposed public art meets the following Design Selection Criteria:

  

a)  relevance and appropriateness of the work in relation to its site;

b)  relevance and appropriateness of the work to Byron Shire, including the Shire’s Aboriginal heritage, its particular natural environment and its diverse culture;

c)  consistency with the Byron Shire Cultural Plan and Public Art Policy;

d)  consideration of public safety, including public use of and access to the public art and associated space;

e)  consideration of maintenance and durability, including potential for vandalism;

f)   evidence of funding sources and satisfactory budget, including provision for ongoing maintenance; and

g)  evidence of Public Liability Insurance to cover construction and installation of the work.

The proposed development triggers the need to provide public art in accordance with Chapter D8. Should the application have been considered favourably a condition would have been imposed to require public art be provided in accordance with Chapter D8.

 

Details of the proposed public art were not submitted as part of the Development Application documentation.

No

Section B8 Waste Minimisation and Management

A Site Waste Minimisation and Management Plan (SWMMP) is to be submitted with a Development Application and must show all matters specified within Section B8.4.

 

Should the application have been considered favourably a condition would have been included to require the submission of a SWMMP generally in accordance with B8.4.2.

 

No

Chapter B4 Traffic Planning, vehicle parking, circulation and access

B4.2.5 Car Parking Requirements

1.   Unless otherwise specified elsewhere in this DCP, car parking is to be provided in accordance with the schedule contained in Table B4.1

 

Food and drink premises require one (1) parking space required per 20m2 of GFA in Business Zone.

The proposed number of parking spaces and the access arrangements has been assessed as satisfactory.

Yes

Chapter E5 Certain Locations in Byron Bay and Ewingsdale

E5.4.1 Development and servicing of land affected by predicted coastal hazards

 

All services must be provided from the landward side of the development such that the building is between the services and the erosion escarpment.

 

Development within the ‘Coastal Erosion Hazard Area’ on the Byron Bay Coastal Hazards Map (E5.1) will be considered on the understanding that any consent granted will be subject to the proviso that should the erosion escarpment come within 50 metres of any building then the development consent will cease.

 

If the development consent does cease then the owner of the land will be responsible for the removal of all buildings.

 

The option of demolition as the means of removal will be available to all buildings.

 

Prior to the issue of a Construction Certificate a restriction as to user must be placed on the title pursuant to the provisions of section 88E of the Conveyancing Act 1919, stating:

“The subject land and any improvements erected thereon must not be used for the purpose of (land use) in the event that the erosion escarpment as defined by the Works and Services Director of the Council of the Shire of Byron from time to time comes to within 50 metres of any buildings or any part thereof at any time erected on the said land’.

Should the application have been recommended for approval a condition would been included to require the A Section 88E instrument to be placed on the title of the land to cease use when the erosion escarpment comes within 50m of the site.

Yes

 

 

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

 

Built Environment

 

The proposed development is considered to be excessive in terms of height, bulk and scale. The proposed building is not considered to be compatible with the built environment as detailed in Section 3.2.1 of this report.

 

 

 

Natural Environment

 

A large amount of excavation is associated with the construction of the proposed two level basement.  The environmental impacts of the proposed excavation have not been able to be adequately assessed in the absence of information on matters such as acid sulphate soils, dewatering and land contamination. 

 

Social and economic impacts

 

The proposed development is considered to be acceptable with regard to social and economic impacts in the locality.

 

3.5     The suitability of the site for the development

 

The site is also located within the coastal erosion zone, should the application have been recommended for approval a condition would have been imposed to address this issue.

 

3.6       Submissions made in accordance with this Act or the regulations

 

The application was notified / advertised in accordance with the Level 2 provisions of Council’s DCP 2014 Part A14 - Public Notification and Exhibition of Development Applications. The exhibition period occurred from 6 January 2015 to 19 January 2015. Council’s records indicate that no submissions were received.

 

3.7     Public interest

 

The proposed development is considered to be contrary to the public interest as the development significantly exceeds the height limit prescribed by the local planning instrument which has been the subject of an extensive community consultation process.

 

4.       DEVELOPER CONTRIBUTIONS

 

 

4.1     Water & Sewer Levies

 

ET assessment

 

Development

Number

ET Rate

ET

Water

Sewer

Water

Sewer

1 bedroom motel units

Ref 6.4

43

0.30 / bedroom

0.45 / bedroom

12.9

19.35

Office

Ref 8.4

9.8 m2

0.01 / m2

0.004 / m2

0.098

0.0392

Swimming pool – Indoor

Ground Floor

Assumed

3m x14m

@1.5m deep

Using Swimming pool calculator #E2015/9848

0.76

0.51

Swimming pool – Indoor

Top Floor

Assumed

2m x 14m

@1.5m deep

Using Swimming pool calculator #E2015/9848

0.66

0.51

Swimming pool – Outdoor

Top Floor

Assumed

12m x 3m

@1.5m deep

Using Swimming pool calculator #E2015/9848

0.72

0.51

TOTAL

15.138

20.9192

 

Therefore this development generates an additional load of:

 

·    15.14 – 3.50 (credit) = 11.64 ET for Water & Bulk Water;

·    20.92 – 5.05 (credit) = 15.87 ET for Sewer.

 

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

 

Had the application been recommended for approval it would require payment of Developer Servicing Charges of:

 

·    11.64 ET onto Councils Water & Bulk Water;

·    15.87 ET onto Councils Sewer.

 

4.2     Section 94 Contributions

 

Had the application been recommended for approval a condition would have been included to require payment of the Section 94A levy.

 

5.       CONCLUSION

 

A review of Council’s radioactive sand fill mapping identifies the subject site is likely to contain radioactive sand fill which could be disturbed as the proposal involves substantial excavation for two levels of basement parking. SEPP No.55 specifies that Council must not grant consent unless it has assessed if the land is contaminated.  It is also noted that Council may be liable if consent were to be granted without acting substantially in accordance with the ‘contaminated land planning guidelines’ pursuant to Section 145B (Exemption from liability - contaminated land) of the Environmental Planning and Assessment Act 1979.

 

The proposal is non-compliant with the provisions of Byron LEP 2014 Clause 4.3 (Height of buildings), Clause 4.4 (Floor space ratio), Clause 6.1 (Acid sulfate soils) and Clause 6.2 (Earthworks).

 

The proposed building with a maximum height of 10.64m exceeds the 9.0m height limit by 1.64m (a non-compliance of 18.2%). The proposal exceeds the maximum floor space ratio by 22.5m2 (a non-compliance of 1.7%). Whilst the applicant has submitted a written request to vary the maximum height and floor space ratio pursuant to Clause 4.6 (Exceptions to development standards), the applicant has not demonstrated that compliance with height limit or floor space ratio is unreasonable or unnecessary.

 

The subject site is identified as containing Class 5 acid sulfate soils by Council’s LEP 2014 mapping. The applicant has not submitted a preliminary assessment of the proposed works to demonstrate that an acid sulfate soils management plan is not required. As such development consent must not be granted in accordance with Clause 6.1 Byron LEP 2014.

 

The proposal is also considered to be inconsistent with Byron DCP 2014 controls relating to the height, bulk, scale, social impact assessment and environmental impacts for tourist accommodation.

 

Overall the applicant has failed to submit essential information to support the proposed development. The proposed 1.64m non-compliance with the maximum height limit has not been adequately justified by the applicant. The proposed development is considered to have insufficient planning merit and it is recommended that the application be refused consent.

 

6.       RECOMMENDATION

 

It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2014.742.1 for demolition of existing single-storey motel building and erection of a three (3) storey motel accommodation building plus two (2) levels of basement parking, be refused for the following reasons:

 

1.   Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the height of the proposed building exceeds the maximum height shown for the land on the Height of Buildings Map, contrary to Clause 4.3 of Byron Local Environmental Plan 2014. 2.

 

2.   Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the floor space ratio of the proposed building exceeds the floor space ratio shown for the land on the Floor Space Ratio Map, contrary to Clause 4.4 of Byron Local Environmental Plan 2014.

 

3.   Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, an acid sulfate soils management plan (or a preliminary assessment) has not been provided to Council, in accordance with Clause 6.1 of Byron Local Environmental Plan 2014 development consent must not be granted.

 

4.   Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, it has not been demonstrated that the subject land is not contaminated and in accordance with Clause 7 of State Environmental Planning Policy No.55 (Remediation of land). Council must not consent to the carrying out of any development on land unless it has determined whether the land is contaminated or suitable for the purpose.

 

5.   Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 the proposed height, bulk and scale of the proposed building is likely to have a negative impact on the built environment of the locality.

 

6.   Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be contrary to the public interest in terms of possible environmental impacts.

 

 

7.       DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

 

Has a Disclosure Statement been received in relation to this application

No

Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.

No

 

Provide Disclosure Statement register details here: Nil.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.9 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.9 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.10

 

 

Report No. 13.10         Compliance process to address non-compliance with requirement for culvert creek crossing and access approaches at 220 Fowlers Lane Bangalow

Directorate:                 Sustainable Environment and Economy

Report Author:           Wayne Bertram, Manager Sustainable Development

Ralph James, Legal Services Coordinator

File No:                        I2015/95

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

At Council’s Ordinary Meeting of 28 August 2014 Council determined Development Application No. 10.2013.132.1 and resolved (14-427):

 

1.   That pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, that Section 96 application 10.2013.132.2 be approved as follows:

 

a)   That the development application 10.2013.132.1 be altered to provide a lapsing date of 30 September, 2014.

b)   That pursuant to Section 96 of the Environmental Planning & Assessment Act 1979, that Section 96 Application 10.2013.132.2, to delete Condition 7(c) be refused because It is not in the public interest to modify the development consent by deleting the requirement for the provision of a turning area within the road reserve.

c)   The following condition is to be added to the development consent under the heading "Parameters of this Consent"

 

"4A.     That the s138 Road Act Approval to be carried by Council include a requirement for the culvert and roadworks to be completed by 27 February 2015."

 

2.   That in the event that the applicant fails to provide a Controlled Activity Approval from the office of water, payment of the Long Service Levy, and written evidence of a satisfactory contract agreement for the construction of all the works by the 30 September 2014, Council is to receive a report, soon after, on the compliance process.

 

This report is to inform Councillors of the compliance action proposed given the creek culvert and all roadworks have not been completed.

 

  

 

RECOMMENDATION:

1.       That Council seek legal advice (external or internal) as to:

          (a)   the appropriateness of issuing an Order and if so to draft the Order, and

          (b)   whether more appropriate action would be to institute proceedings in the Land and Environment Court.

 

2.       That should the legal advice recommend, or should the Order process (if taken) not bring about compliance with Condition 8 of Development Application No. 10.2000.348.1 the General Manager be authorised to commence and maintain Class 4 proceedings seeking enforcement of Condition 8 of Development Application No. 10.2000.348.1 in accordance with the General Manager’s general delegations.

 

3.       That subject to the legal advice and on being satisfied that all pre-conditions have been met, the General Manager take all steps necessary to make an unconditional demand on the Guarantee dated 28 February 2003.  

 

 

 Report - History

 

Development Application No. 10.2000.348.1 for a community title subdivision comprising 11 dwelling lots and 1 neighbourhood lot was approved by Council on 19 September 2000.

The following conditions regarding the culvert crossing and road upgrade were included within section B of the development consent::

7.   Fowlers Lane shall be upgraded at no cost to Council to the following standard:-

 

Intersection        -       to RTA satisfaction.

0 to 170m           -       7.0m seal on 8.0m formation;

170m to 1760m  -       5.5m seal on a 7.0m formation with traffic calming devices at 180, 800 and 1200 metres

1760m to 2300m -     4m seal on a 6m formation;

Crests and S-bends to be upgraded to 6.0m wide seal.

 

Culvert at Sleepy Creek constructed to 5 year ARI event.

 

Prior to commencement of any work, detailed engineering plans are to be submitted and approved by Council’s Development Engineer and the RTA

 

8.   The proposed new access and crossing over Possum Creek shall be contained wholly within the crown road reserve and shall be designed and constructed to a 5 year ARI event. Flood markers and appropriate warning signs shall be provided at either end of the causeway advising against crossing of flood levels exceed 50mm over the causeway.  Any requirements in a permit under Part 3A of the Rivers and Foreshore, Improvement Act 1948 shall be undertaken.

 

Prior to construction commencing, detailed engineering plans shall be submitted and approved by Councils Development Engineer including details of means to protect against scouring during overtopping.

 

9.   Council will apply to the Department of Land and Water Conservation for the unmade Crown Road Reserve to be dedicated prior to any construction being undertaken. The applicant shall pay the cost of the application.

Section 96 Application No. 10.2000.348.2 was granted approval by Council on the 16 April 2002 subject to the following:

Deletion of Condition B7 which required the upgrading of Fowlers Lane at no cost to Council and amendment to condition B18 to include a “rural roads upgrading” (the Schedule of Contributions will now be $103,950 (being 9 ETs @ $11,550 per ET)) as follows:

B.18. Payment of the contributions as set out in the attached ‘Schedule of Contributions’.  Contributions are levied in accordance with the Byron Shire Council Section 94 Plan for Rural Road Upgrading, Community Facilities, Bushfire Brigade dated 22 June 1993 and the Section 94 Plan for Council Officers, a Shire-Wide Community Facility dated 24 June 1997.

 

Council also resolved the following in relation to Development Consent No. 10.200.348.1:

 

·    That Council note the willingness of the applicants to waive future claims against Council in relation to payment for the upgrading of Fowlers Lane including the right to make any Section 96 application for variation of the Section 94 contribution.

 

·    That Council staff, when it is aware of the works program affecting Fowlers Lane, advise the residents about the works.

 

Section 96 Application No. 10.2000.348.3 to amend the access road requirements was applied for and subsequently withdrawn on 22 April 2008.

 

Section 96 Application No. 10.2000.348.4 to again amend the access road requirements was approved on 31 August 2009 and allowed for:

The “Land to be Developed” to include Lot 4 DP 707671, 220 Fowlers Lane, Bangalow;

 

To delete Condition A and instead insert:

 

A.      Development shall be generally in accordance with the amended report prepared by Balanced Systems Planning Consultants dated June 2000 submitted on 8 June 2000 with access in accordance with the plan labelled “Road and Culvert Works”, numbered C01 and C02, Revision A, dated 2009/07/02 and prepared by Ardill Payne and Associates Pty Ltd, and as modified by any conditions of this consent.

 

Delete existing Condition B8 and instead insert:

 

B 8  The proposed new access and crossing over Possum Creek shall be in accordance with the approved plans labelled “Road and Culvert Works”, dated 2009/07/02.  All of the following requirements shall be undertaken.

 

Section 96 Application No. 10.2000.348.5 to amend consent conditions was approved on 7 December 2009 which further allowed Condition 8a) to read:

8 a) Road Construction

Road and drainage construction for the proposed works shown on the approved plan. The proposed cul-de-sac shall be provided with a minimum 8.5m radius sealed pavement. Appropriate signage shall define the commencement of the private driveway access.

 

Section 96 Application No. 10.2000.348.6 was then submitted to modify property access and creek crossing arrangements to No. 231 Fowlers Lane by proposing the following:

·    Amend Condition 8 to refer to plans by Ardill Payne & Partners – August 2012 – Plans 6258-C01-24AUG2012 & 6258-C02-23AUG2012-1.

·    Delete the reference in Condition 8a to the need for a proposed cul-de-sac as an adequate three point turn is available at Chainage 2125.

·    The works required by this consent commence at the point in Fowlers Lane beyond where S94 contributions, paid by the applicant, applied to.

·    Amend the flood immunity of the causeway to the 1:1 ARI so as to conform with the Council standard used by Council at Sleepy Creek on Fowlers Lane.

 

The proposal was not supported as it was inconsistent with Council’s adopted engineering standards; and the consent of all landowners to which the application relates was not provided and it is not in the public interest to approve the modifications. The application was subsequently refused for the following reasons:

 

1.    Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed modifications to the required creek crossing arrangements are not in accordance with Council’s current adopted engineering standards and are inconsistent with Clause 24 of Byron Local Environmental Plan 1988.

2.    Pursuant to Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, the site is prone to flooding and is not suitable for the proposed modified design.

3.    Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, it is not in the public interest to support the proposed modifications.

4.    Pursuant to Clause 115 of the Environmental Planning and Assessment Regulation 2000, the application for modification of a development consent is not accompanied by a statement signed by the owner of the land to the effect that the owner consents to the making of the application.

 

A new development application for a creek crossing was received on the 3 April 2013 being Development Application No. 10.2013.132.1 which was determined by approval at Council’s Ordinary Meeting of 29 August 2013 which resolved (13-433):

1.   That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application 10.2013.132.1 for construction of a culvert creek crossing and access approaches, be granted consent subject to conditions listed in Annexure 17(b) #E2013/49771 and lapse 9 months after the consent is granted.

 

2.   That should the culvert creek crossing and access construction works under DA 10.2013.132 not be commenced within 3 months of the date of this resolution and completed within 6 months from commencement that Council serve an order to complete the creek crossing as required by DA 10.2000.348 (as amended). (Hunter/Ibrahim)

 

In relation to 13-433(1) the development consent has been issued.

 

In relation to 13-433(2) The applicant has advised that he had undertaken surveying works so as to commence this development within 3 months of the date of the Council resolution. Where the development commenced before 3 months of the date of the resolution the works were to be completed within 6 months from that commencement being before the 29 May 2014.

 

On the 4 June 2014 Council received a Section 96 Application No. 10.2013.132.2 to modify this development approval and on the 28 August 2014 Council determined Development Application No. 10.2013.132.1 and resolved (14-427):

 

1.    That pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, that Section 96 application 10.2013.132.2 be approved as follows:

 

a)         That the development application 10.2013.132.1 be altered to provide a lapsing date of 30 September, 2014.

b)         That pursuant to Section 96 of the Environmental Planning & Assessment Act 1979, that Section 96 Application 10.2013.132.2, to delete Condition 7(c) be refused because it is not in the public interest to modify the development consent by deleting the requirement for the provision of a turning area within the road reserve.

c)         The following condition is to be added to the development consent under the heading "Parameters of this Consent"

 

"4A.     That th