13.5 - Attachment 1
General Order of Business - Ordinary Meetings
The general order of business of the Ordinary meetings of
Council shall be listed in the following order:
1. Public Access*
2. Apologies
3. Requests for Leave of Absence
4. Declaration of Interests – Pecuniary and Non-Pecuniary
5. Tabling of Pecuniary Interest Returns (s450A Local Government Act 1993)
6. Adoption of Minutes from Previous Meetings
7. Reservation of Items for Debate and Order of Business
8. Mayoral Minute (if any)
9. Notices of Motion
10. Petitions
11. Submissions and Grants
12. Delegates’ Reports
13. Staff Reports
14. Reports of Committees
15. Councillor Questions with Notice (for answers in minutes)**
16. Confidential Reports
Note: In accordance with Council Res No. 14-593 the Ordinary Meetings will commence at 9.00am and conclude at 6.00pm unless otherwise resolved by Council. Morning tea break to be scheduled at 10.15am and lunch at 1.00pm, an afternoon tea break may be scheduled at any time depending on the length of the meeting.
*Public Access relating to items on this Agenda, general Submissions or Questions to Councillors can be made between 9.00am and 10:00am on the day of the meeting, an extension of 15 minutes may be permitted if resolved by Council.
1. Public Access on an item on the Agenda: People wanting to speak to items on the Agenda will be listed for public access in the same order the items appear on the Agenda. People can request up to three speeches each with additional speeches by the same organisation/speaker being accommodated if time permits. Requests must make clear whether the speaker is speaking generally in favour of, or against the recommended action(s). Time allowed is 5 minutes for and 5 minutes against each item. If there is more than 1 speaker the time allocated is to be shared.
2. Representations by members of the public under Section 10A(4) of the Local Government Act, regarding a recommendation for the closure of a part of meeting for the consideration of a Confidential Item/s, will be included as a Public Access matter on the related item listed in the Agenda. Members of the Public may address the meeting on the closure. Time allowed is 5 minutes per item.
3. Submissions from members of the Public: Time allowed is 2 minutes per submission. A person is only permitted 1 submission per meeting.
4. Questions from members of the Public to Councillors. Time allowed 1 minute per question.
5. Councillors may ask questions of people speaking to items on the Agenda, making a submission or asking a question.
6. Responses to questions not provide at the meeting but taken on notice will be tabled in the next agenda papers.
Requests for public access on an item on the Agenda, a submission or a question should be made to the General Manager or the Mayor no later than 12.00 noon on the day before the Meeting on-line at http://www.byron.nsw.gov.au/public-access-sessions-and-submissions.
It is possible that not all requests for Public Access will always be able to be accommodated within the Public Access part of the meeting. Members of the public are encouraged to make their submissions/questions in writing before the Council meeting in case there is insufficient time on the day of the meeting to accommodate all requests for Public Access.
If time allows consideration may be given to persons who have registered to have a further submission or question to the one allowable above in 3. and 4.
NB In addition to the below, Council has various Advisory Committees each governed by its own Constitution.
Byron Shire Reserve Trust Committee
1. This committee will meet as required.
2. This committee has delegated authority to determine all matters relating to the Council management of Crown Reserves, where Council is the Reserve Trust Manager, and the Council owned and controlled caravan parks, other than those items a council cannot delegate as listed in section 377(1) of the Local Government Act.
3. The Committee will be comprised of all Councillors.
4. The Chairperson is provided with a casting vote.
5. The
Committee can determine rescission motions where the resolution being rescinded
arose from a Byron Shire Reserve Trust Committee Meeting.
Planning Review Committee
1. Meetings are to be held regularly within the three-weekly meeting cycle of Council.
2. All Councillors and the General Manager or nominated delegate are members of this Committee, with any staff member to be non-voting delegate. The Committee is to consist of a quorum of at least three Councillors. A nominated delegate attending shall not be an assessing officer for an application before the Committee
3. The purpose of the Committee is to view, prior to determination, those development applications which have been nominated by Councillors or staff and could be determined under delegated authority. Having viewed the applications, the Committee will decide if the development application would be more appropriately determined by the elected Council.
4. The
decision that a development application would be more appropriately determined
by the elected Council, must be based on one or more of the following
guidelines:
(a) The number of public submissions received;
(b) The validity of the matters raised in the public submissions received;
(c) The extent of variation to Council policies proposed;
(d) The lack of policy to direct determination of the application; or
(e) The
perceived public significance of the application.
5. The
decision of the Committee is to be that the application is or is not to be
dealt with under delegated authority. No directions are to be given, formally
or informally, as to the evaluation of the development application. Where the
Committee determines that an application is to be dealt with under delegated
authority that application may be determined at any time after the Committee
meeting.
6. Councillors
are to advise the General Manager or nominated delegate of any development
applications they wish to discuss at the
next Planning Review Committee by 12 noon 3 days prior to the meeting.
Notwithstanding the above, Councillors are encouraged to advise as early as
possible.
7. The agenda is to be prepared and distributed to Councillors at least 2 working days before the meeting and is to include the dates of exhibition of the DA. Late items may be included in exceptional circumstances (deemed so by the General Manager).
8. A Development applications
can are only to
be called to the Planning Review Committee once, except in exceptional
circumstances or if the DA’s exhibition period closed
less than 3 days before the day the Committee considers it. A matter
should stay on the agenda for no more than three
weeks longer than until the next Committee
meeting or until 3 working days after the exhibition period closed.
9. Any development application called to Planning Review Committee, which is outside of the Executive Manager’s/General Manager’s delegation, will not be placed on the agenda, as the elected Council will determine such applications anyway. The Councillor calling the application will be notified where this occurs.
10. Councillors are to receive a weekly list of development applications once their level of exhibition has been determined and advised of the exhibition period.
11. Councillors are to advise the General Manager or nominated delegate if they will attend the Planning Review Committee so that it can be established whether a quorum will be present.
12. Unless a quorum has been established by 30 minutes after the scheduled start of the meeting, the meeting will be cancelled.
13. Where the cancellation of a meeting due to a lack of a quorum would result in delay to the determination of an application, Councillors will be notified one week in advance that delegation will be assumed for that application.