Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 17 September 2015

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

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

 

                                                                                                                                                                                                  

 

Mark Arnold

Acting General Manager

 


CONFLICT OF INTERESTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure and participation in meetings

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

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

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

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

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

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

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

Non-pecuniary Interests - Must be disclosed in meetings.

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

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

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

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

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

RECORDING OF VOTING ON PLANNING MATTERS

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

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

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

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

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

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

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

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

 


BYRON SHIRE COUNCIL

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

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

6.    Adoption of Minutes from Previous Meetings

6.1       Byron Shire Reserve Trust Committee held on 27 August 2015

6.2       Ordinary Meeting held on 27 August 2015

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Council's Policy on Dogs .................................................................................................. 5

9.2       Councillor onto PRG for CZMP........................................................................................ 8

9.3       Ticket/Boom Gate Access on Lawson Street North Car Park....................................... 10

9.4       Koala and Wild Life Sanctuary at West Byron................................................................ 14

10.  Petitions

11.  Submissions and Grants

12.  Delegates' Reports  

13.  Staff Reports

Corporate and Community Services

13.1     Election of Deputy Mayor 2015-2016............................................................................. 16

13.2     Tyagarah Aerodrome - Proposed Short-Term Lease Australia Skydive Pty Ltd........... 19

13.3     Sustainable Community Markets Public Exhibition for Draft Policy/Fees and Charges 30

13.4     Report of the Safe Summer in the Bay PRG meeting 20 August 2015......................... 34

13.5     Report of the Public Art Assessment Panel meeting 6 August 2015.............................. 36

13.6     Byron Visitor Centre - Request for Financial Assistance................................................ 39

13.7     Council Investments August 2015................................................................................... 45

13.8     Byron Bay Paid Parking Scheme - Proposed Fees and Charges.................................. 51

Sustainable Environment and Economy

13.9     PLANNING - Report on rehabilitation works 10.2014.331.1 Community title subdivision at Broken Head Road, Broken Head............................................................................................... 57

13.10   PLANNING - West Byron Development Control Plan.................................................... 61

13.11   PLANNING - 10.2015.196.1 - Alterations to dwelling and a new residential flat building eight serviced apartments and a managers residence at 40 Mullumbimbi Street Brunswick Heads.... 66

13.12   Park and Ride / New Year's Eve Shuttle........................................................................ 94

13.13   North Byron Beach Resort (Ganra Pty Ltd) seek consent to lodge development application for coastal protection works on Council land........................................................................ 97

13.14   PLANNING - 26.2015.3.1 General Policy and Housekeeping Changes - Byron Local Environmental Plan (LEP) 2014 ........................................................................................................... 100

13.15   PLANNING - 10.2015.214.1 - Railway infrastructure including a rail shed and two railway platforms and tree removal at Bayshore Drive and Lawson Street, Byron Bay........................... 110

13.16   PLANNING - 26.2013.2.1 - Public submissions report for second exhibition of Ewingsdale Seniors Housing planning proposal............................................................................................ 135

13.17   Update Coastal Zone Management Plan Byron Bay Embayment............................... 146   

14.  Reports of Committees

Corporate and Community Services

14.1     Report of the Finance Advisory Committee Meeting held on 20 August 2015............ 152

14.2     Report of the Internal Audit Advisory Committee Meeting held on 20 August 2015.... 155

Sustainable Environment and Economy

14.3     Report of the Biodiversity and Sustainability Advisory Committee Meeting held on 6 August 2015....................................................................................................................................... 158

Infrastructure Services

14.4     Report of the Local Traffic Committee Meeting held on 26 August 2015.................... 160   

6.1      Request for Heavy Vehicle restrictions, Granuaille Road, Bangalow.. 160

6.2      Road closure, Mullumbimby Music Festival, 22 November 2015. 161

6.3      Road closure, Twilight Markets, Brunswick Heads, 16 December 2015. 161

6.4      Endorsement of one-way entry and exit, Mullumbimby High School car park. 162

6.5      Proposed Loading Zone, Council Office, Station Street, Mullumbimby. 162

6.6      Request for 2P time limit, Tincogan Street, Mullumbimby. 163

6.7      Request for mobility permit parking space, Community Gardens, Mullumbimby. 163

6.8      Request for 60kph speed limit, Myocum Downs Drive, Myocum.. 163

6.9      Request for 60kph speed limit, Yelgun Road, Yelgun. 163

6.10    Proposed trial, school bus contra-flow, Wilsons Creek PS bus bay. 163

6.11    Request for bus stop, Byron Bay pool 164

6.12    Request  for No Parking limits, Market Street, Bangalow.. 164

7.1      Byron Bay Bypass – DA 10.2015.384.1. 165

 

15Questions With Notice

Nil   

 

 

 

 

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

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Council's Policy on Dogs

File No:                                  I2015/903

 

  

 

I move that:

 

1.       Council receive a report on Council's and the state’s options to better protect residents, visitors and other animals from attacks and intimidation by dogs; 

2.       The report include consideration of local measures such as licenses or other arrangements and / or reporting systems for owning or keeping “menacing” dogs or those of large or intimidating breeds.  Such licences to be issued after the owner has received appropriate training and renewed annually on confirmation of those skills being up to date; 

3.       The report identify opportunities and shortfalls if any in the state's current legislation such as the Companion Animals Act of 1998 and any associated regulations; 

4.       The report go beyond legislative matters and consider social and cultural changes that could help protect; 

5.       The report identify whether Council requires a new Policy or amendment of existing Policies such as Policy 5.30 to better protect people and animals from attacks or intimidation by dogs; 

6.       The report consider Council’s current enforcement priorities and examine whether dog related enforcement should be given higher priority, at what cost and from what funding sources; and 

7.       Council receive a further report that examines the mapping and signage issues raised in a public submission to Council’s meeting of 27 August. 

 

 

 

 

Councillor’s Background Notes:

 

Councillors will have read reports in July of an attack on an employee at a cafe where she worked, by the cafe owner's dog.  The dog had already been declared "menacing" after previous complaints.  In July, the owner appears to have failed to comply with requirements for controlling the dog. 

Although the owner is in court for the crime, this will not restore the woman's face nor compensate her for the ordeal she suffered.  It may not even deter others from owning such animals.  A public system is required that prevents such events, rather than one that cleans up afterwards.  I understand that Councils are responsible for keeping the public safe from dogs that are a restricted breed or have been declared dangerous or menacing. 

There is state legislation in place under the Companion Animals Act.  Council has the following Policies that may be relevant: 

5.30 Local Orders for the Keeping of Animals (of July 2002) and 

5.31 Companion Animal Exercise Areas (of October 2011). 

The steps suggested by this Motion may fit within Policy 5.30 or may require new Policy.  The report should also identify whether these steps or others could require changes to state legislation. 

The latter Policy was also highlighted in a verbal submission to Council’s Ordinary meeting of 27 August.  The speaker pointed out that signage under the Policy could be misconstrued as including a dune area as part of a dog exercise area on the beach at Suffolk Park. 

 

Recommended priority relative to other Delivery Plan tasks:

Reviewing Policy is a regular and important part of a Council’s work.  It is respectively 13 years and 4 years since the Policies above were last reviewed.  Review now would be timely. 

 

Definition of the project/task:

As defined above: 

·    to find ways of better protecting residents, visitors and other animals from attacks and intimidation by dogs; and 

·    to correct mapping of at least one companion animal exercise area. 

Source of Funds (if applicable):

·    The reviews should be undertaken within existing budgets. 

 

Signed:   Cr Duncan Dey

 

Management Comments:

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

 

Clarification of project/task:

 

The report contemplated by the Motion would be prepared within the Sustainable Environment and Economy Division in consultation, on some aspects, with Legal Services.

 

The report will, in part, canvass the limitations on Council’s powers in respect of companion animals imposed by the status and structure of the Companion Animals Act (the Act)

 

Legal services staff has considered the seven second Reading/Committee speeches from May to July 1998 relating to the Act. The purpose if this was to investigate whether Council had powers to deal with dogs outside of the scope of the Act.

 

The only real description of the purpose of the Act is by the then Minister for Local Government Ernie Page. When introducing the Bill on 6 May 1998 he said that its purpose was to provide “a framework for the management of companion animals”.

 

A further Government speaker said on 21 May 1998: “The Bill provides a better regime to deal with dangerous dogs…”

 

Absent any further information it is appropriate to treat the Act as a Code set up, inter alia, to deal with restricted, dangerous dogs and, more recently, menacing dogs, setting out exclusively what can and cannot be done.

 

In other words, there are no powers to deal with companion animals outside the Act.

 

The Act does not allow Council to refuse applications by dog owners to register their pets, unless these are restricted or prohibited breeds.

 

Director responsible for task implementation:

 

Director Sustainable Environment and Economy / Director Corporate and Community Services

 

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

 

The Management of dangerous and/or menacing dogs is already listed as a Very High Priority in Council’s 2015 Compliance Priorities Program. This is the highest priority level given.

 

The provision of education or workshops and undertaking compliance enforcement programs for Companion Animals also listed as a High Priority and the uncontrolled dogs and/or cats including those kept on land where Policy or Development consent prohibits it are identified as a Medium Priority in Council’s 2015 Compliance Priorities Program.

 

The review of Policy No. 5.30 Local Orders for the Keeping of Animals (July 2002) and Policy No.

5.31 Companion Animal Exercise Areas (October 2011) would generally occur within 12 months of the commencement of the new term of a Council however this does not prevent those policies being reviewed at any time.

 

Financial and Resource Implications:

 

The preparation of a report reviewing Council's and the state’s options to better protect residents, visitors and other animals from attacks and intimidation by dogs could be prepared using existing resources.

 

Legal and Policy Implications:

 

Nil


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Councillor onto PRG for CZMP

File No:                                  I2015/989

 

  

 

I move that in addition to the formation under Resolution 15-410 of the Project Reference Group for the Coastal Zone Management Plan for the Byron Bay Embayment, Mayor Richardson be appointed as a further Councillor to the PRG. 

 

 

 

 

Councillor’s Background Notes:

Councillor appointments to this Project Reference Group were determined under Resolution 15-410 by Council on 27 August 2015 with two Councillors absent from the meeting.  It was assumed in his absence that Councillor Ibrahim would wish to be on the PRG but the Mayor's preference was not considered.  It may also have been assumed that, as with Council’s Advisory Committees, the Mayor can attend and participate without specific appointment.  To clarify this for this new PRG, the Mayor should be appointed. 

Resolution 15-410 resolved: 

1. That the draft constitution at Attachment 1 (#E2015/45369) be amended at various sections to include the following information: 

a) Section 4.1 - 4 Councillor Members, and these Councillors are Crs Ibrahim, Cameron, Wanchap and Dey

b) Section 4.1 - 2 Community Members, and these Community Members will be one from the Byron Preservation Association and one from either BEACON or Byron Residents Group

c) Document History – Relevant dates and resolution numbers pertaining to Council’s consideration of this Report (#I2015/704).

d) Delete clauses 9 and 10 from the constitution for the PRG

e) Clause 18 - delete point 18(b) (point 12(a) is identical to point 18(b))

f) Clause 18 - delete first 5 words from 18(d).

2. That Council adopt the amended draft constitution at Attachment 1 (#E2015/45369).

3. That the process at Table 2 of this Report (#I2015/704) be implemented for establishing the Coastal Zone Management Plan Byron Bay Embayment Project Reference Group.

 

Recommended priority relative to other Delivery Plan tasks:

 

This is a small step but should coincide with other PRG appointments currently underway, i.e. in September 2015. 

 

Definition of the project/task:

 

Add a fifth Councillor to the list which is currently Crs Ibrahim, Cameron, Wanchap and Dey. 

 

 

Source of Funds (if applicable):

 

No funds required. 

 

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:

 

That Section 4.1 of the constitution for the Coastal Zone Management Plan Byron Bay Embayment Project Reference Group be amended as follows:

 

Section 4.1          5 Councillor Members, and these Councillors are Crs Ibrahim, Cameron,                          Wanchap, Dey and Richardson

 

Director responsible for task implementation:

 

Director Sustainable Environment and Economy.

 

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

 

No impact.

 

Financial and Resource Implications:

 

No implications.

 

Legal and Policy Implications:

 

No implications.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Ticket/Boom Gate Access on Lawson Street North Car Park

File No:                                  I2015/990

 

  

 

I move that the Lawson Street North Car Park be made accessible from Lawson Street via the existing First Sun Caravan Park driveway and controlled at entry and exit points by a ticket/boom gate operation.

 

a)    Staff commence the approval process such as required with the LTC/RMS and State Rail or their representative.

 

b)    Directly notify tenants and land owners adjacent of the proposed changes and provide opportunity for feedback

 

c)    Provide funding from a source to be identified – to enable the above, plus completion of necessary traffic assessment and analysis of impacts

 

d)    the project delivery remain subject to budget, consultation, approvals and further reporting to Council

 

 

 

 

Councillor’s Background Notes:

 

Council control access/egress to/from the car park by ticketed boom-gate to allow more direct access to car parking via a ticket/boom gate has several benefits including

 

a)   Most notably self-enforcement and management and thereby reducing staff time in the car park freeing them up for greater on-street surveillance.

 

b)   Provide an opportunity for vehicles to secure a parking place before entering the main streets of town thereby relieving congestion by reducing the number of vehicles circling looking for a park.

 

c)   Provide secure all day parking where overstaying will not incur a fine which will enhance businesses whose income relies on shoppers staying longer in the precinct.

 

d)   Sunday all day parking spaces for the owners of market stalls

 

e)   Reduced need for purchase or lease of parking meters to service the 140 parking spaces which can be supplied by one central machine.

 

f)    Increased revenue from longer stays from users who will not need to rush back to avoid a parking fine or top up the metre.

 

g)   This car park is wholly owned by Council so all revenue is retained by Council

 

If this project is supported it will relieve some of the problems that will be experienced by businesses in the top end of town when paid parking is introduced.  Competition for custom will be intensified upon the completion of the Mercarto shopping centre now approved to be built at the present Woolworths site with its 360 underground parking spaces.

 

http://byron.infocouncil.biz/Open/2015/02/OC_05022015_AGN_376_AT_files/image036.png

 

http://byron.infocouncil.biz/Open/2015/02/OC_05022015_AGN_376_AT_files/image041.jpg

 

Signed:   Cr Rose Wanchap

 

Comments by Simon Bennett, Traffic and Transport Planner:

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

 

Clarification of project/task:

 

Provide direct access to the Lawson Street north car park via the First Sun Holiday Park driveway as located on Lawson Street between Butler Street and Jonson Street, Byron Bay.

 

It is noted the recommendation made and diagram used above is from staff report of 5 February 2015 (I2015/10).

 

As based on advice from Council’s Manager Governance Services at that time, the report stated:

 

…it is recommended Council control access / egress to / from the car park by ticketed boom-gate, which has several benefits including most notably self-enforcement and management and thereby reduce staff time in the car park freeing them up for greater on-street surveillance.

 

Council need not await the outcome of the pay parking / Byron Bay parking study should they wish to pursue such an option...

 

As for costs the February 2015 report stated:

 

As for the boom gate controls at the car park, Council will need to consider how to fund, noting that the Council Paid Parking reserve (which Lawson Street North income and expenditure flows through) has approximately $6,500 available.  This amount is not enough for a boom gate system, which is estimated at $150,000 and includes pay parking machines, boom gates and costs for constructed medians, conduits and associated works.

 

In addition to these upfront costs, the report also outlines the potential (and continuing) loss of revenue due to losing …car spaces

 

The February report, by offering the design schematic as reproduced above, also stated that it is:

 

…approximate in its measurements and subject to confirmation by survey and design.  However if achievable, it would minimise loss of car spaces in the Lawson Street car park (from the estimated 15) down to three (3) at minimum and up to eight (8) at maximum, subject to confirmation of widths, turning paths and manoeuvring space.  More advantageous however is the separation of traffic, with those car park bound provided approximate storage space of five (5) car lengths, being three (3) next to new median and two (2) at the boom gate. 

 

Notwithstanding the above, the proposal should now be considered in context of larger projects currently underway, two of which are listed below being two-lanes inbound project and the parking study, especially the evolving exceptions to pay parking and that the subject site is likely favoured by those with exemptions given the longer time limits of 4P and potentially some all day parking (subject to Council approval to be sought in a forthcoming report).

 

Director responsible for task implementation:

 

Director Infrastructure Services

 

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

 

Lawson Street two lanes inbound project, currently with John Holland Rail for assessment and their approval regarding state rail infrastructure, which once received the project can commence.

 

Byron Bay parking study, with pay parking now adopted and to proceed (tender closes 17 September), the next focus is on time limits and changes to car parking, noting the proposal contained within is not part of the study or tender and while considered a separate matter is related and influential on outcomes.

 

Financial and Resource Implications:

 

Boom gates and the associated equipment can be expensive. 

 

Costs include gate infrastructure, vehicle storage, servicing, security and IT considerations.  

 

Legal and Policy Implications:

 

As per staff report of 5 February 2015 (I2015/10):

 

Various, including Roads Act approvals, State Rail and RMS concurrence and potentially land use (category / title) changes.

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Koala and Wild Life Sanctuary at West Byron

File No:                                  I2015/991

 

  

 

I move:

 

1.       That Council initiate discussions with the owner of the portion of land that is part of the West Byron estate that is zoned E2 at 394 Ewingsdale Road Byron Bay on the practicality, environmental benefits and financial considerations of creating a Byron Shire Koala and Wildlife sanctuary.

 

2.       Funding be sourced from the Commonwealth Department of Tourism National Ecotourism and Grants Program or any other potential grant opportunity.

 

 

 

 

Councillor’s Background Notes:

 

This was a part of a resolution of council at the Ordinary Meeting 22 May 2014 E2014/27418

14-230 put by Councillors Hunter and Woods aimed at encouraging local species to breed by providing secure fenced area/s, to assist in the management of the health and diet issues of koalas and to provide tourist and education experiences.

 

Now the opportunity has arisen whereby land designated for environmental restoration on the West Byron development site may become available to establish a wild life sanctuary subject to negotiations and funding

 

The significance of tourism to the Koala is far reaching in that a centre established at this prominent position with close proximity to town could well provide the urgently needed funding for researchers and scientists who are studying the population structure, biodiversity and immune systems of the koalas.

 

With 95% of koalas from mainland Australia testing positive to the koala retrovirus KoRV, which is afflicting these iconic marsupials it is urgent that we find a way to raise the funds needed to support this very important work.

 

Byron Bay is a very popular tourist destination with tourism injecting approximately $415 million into the local economy with employment estimated to be around 2,500 jobs.

 

Tourism in this shire includes “nature-based tourism” which is tourism that relies on the natural environment but makes no provision for its long term management: whereas “ecotourism” which also relies on the natural environment does provide for its long-term management and ensures that it is ecologically sustainable.

 

It has been estimated that the koala contributes $1.1 billion per annum to the Australian tourist industry and accounts for 9000 industry jobs (Hundloe and Hamilton 1997).

 

This indicates the significance of the koala to the tourist industry but if this project is successful the tourist industry will make a significant boost to the future survival of the koala in this shire.

 

Here is a link to supporting information regarding the proposed site at West Byron.

Information regarding KoRV the retrovirus, pictures of a similar Wild Life Sanctuary at Currumbin, and the KPOM for Port Stephens LGA who are leading the way in funding via tourism for Koala care and research.

 

https://www.dropbox.com/sh/4tx9v376oqdddr4/AAADCfGnRlD5LleX4zmCUixua?dl=0

 

Signed:   Cr Rose Wanchap

 

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

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

 

Clarification of project/task:

 

Prepare a report to review the feasibility of creating a Byron Shire Koala and Wildlife sanctuary on the portion of land zoned E2 at 394 Ewingsdale Road, Byron Bay in terms of practicality, environmental benefits and financial considerations.

 

Director responsible for task implementation:

 

Shannon Burt - Director Sustainable Environment and Economy

 

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

 

The draft Byron Coast Comprehensive Koala Plan of Management (CKPOM) outlines Council strategies for managing koalas and this task would be best included in the CKPOM and considered in the context of other related activities.

 

A draft Development Control Plan has been prepared for West Byron (Chapter E8 West Byron) by staff and is to be placed on public exhibition in the coming month/s. Should Council resolve to pursue this matter further, then it is unlikely that the Koala Sanctuary will affect the finalisation of the DCP Chapter for West Byron which is predominantly aimed at guiding development within the Urban Zones. However should a LEP amendment be pursued (as discussed below) then the DCP would also need to be revised.

 

Financial and Resource Implications:

 

Funding sources would need to be investigated including any grants that may be available to assist the project.  Funding would be needed for construction of the facility, ongoing operating costs including staffing by trained professionals, and any costs associated with acquiring or purchasing the land at West Byron. It is noted that S94 funding cannot be used for an environmental purpose such as a Koala Sanctuary (see Hammersmith Management Pty Limited v Lake Macquarie City Council [2003] NSWLEC 20 (13 February 2003).

 

Legal and Policy Implications:

 

The E2 Environmental Conservation Zone under Byron LEP 1988 for West Byron has a restricted number of permitted uses and the proposed development would not be permitted. A LEP amendment would be required so that the zoning table included as a permissible land use an “animal boarding or training establishment” and possibly also a “recreation facility (indoors and outdoors)” depending on the scale of the proposal and how it is characterised under the definitions contained in the Local Environmental Plan dictionary.  

 

The feasibility report will also need to consider other legislation and license requirements for the keeping and treating of native animals, exhibition to the public and any handling if proposed as part of the Byron Shire Koala and Wildlife Sanctuary experience.       


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Election of Deputy Mayor 2015-2016

Directorate:                 Corporate and Community Services

Report Author:           Joylene McNamara, Senior Administration Officer

File No:                        I2015/261

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

In accordance with Section 231 of the Local Government Act 1993:

 

(1)   The councillors may elect a person from among their number to be the deputy mayor.

(2)   The person may be elected for the mayoral term or a shorter term.

(3)  The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.

(4)  The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.

 

Normal practice for Byron Shire is to elect their Deputy Mayor for a period of 12 months at the first Ordinary Meeting in September each year.

 

  

 

RECOMMENDATION:

1.       That Council elect a Deputy Mayor for the period from 17 September 2015 until the end of this term of Council in September 2016.

 

2.       That the method of election of the Deputy Mayor be by way of ordinary ballot.

 

 

 

Attachments:

 

1        Nomination form for the position of Deputy Mayor September 2015, E2015/19599  

 

 


 

Report

 

In accordance with Section 231 of the Local Government Act 1993, a council may elect a Deputy Mayor to assist the Mayor in the performance of their duties.

 

Section 231 (3) states that:

 

(3)  The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.

 

Term of the Deputy Mayor

 

Section 231 (2) of the Local Government Act states:  “The person may be elected for the mayoral term or a shorter term” such as:

 

1.       For a period of 12 months

2.       For the period of the Mayoral Term

3.       For a period determined by Council

 

Returning Officer

 

Schedule 7(1) of the Local Government (General) Regulation 2005 states that the “General Manager (or a person appointed by the General Manager) is the Returning Officer.”

 

Nomination

 

Schedule 7(2) of the Local Government (General) Regulation 2005 states that:

 

(1)     A councillor may be nominated without notice for election as mayor or deputy mayor.

(2)     The nomination is to be made in writing by 2 or more councillors (one of whom may be the nominee).  The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3)     The nomination is to be delivered or sent to the returning officer.

(4)     The returning officer is to announce the names of the nominees at the council meeting at which the election is to be held.

 

Nomination forms have been provided as an attachment to this business paper.  Any completed nomination forms should be handed to the General Manager prior to the commencement of the Council meeting.

 

Election

 

Schedule 7(3) of the Local Government (General) Regulation 2005 states:

 

(1)     If only one councillor is nominated, that councillor is elected.

(2)     If more than one councillor is nominated, the council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot; or by open voting.

(3)     The election is to be held at the Council meeting at which the Council resolves the method of voting.

(4)     In this clause:

 

ballot” has its normal meaning of secret ballot;

open voting” means voting by a show of hands or similar means.

Traditionally this Council has determined that the election for Deputy Mayor should be by ordinary ballot.  The following additional information is provided in respect to an election by preferential ballot and by ordinary ballot.

 

Preferential ballot – as per its normal interpretation, the ballot papers are to contain the names of all candidates and Councillors mark their votes 1, 2, 3 and so on against the various names, so as to indicate their order of preference for all of the candidates.

 

Ordinary ballot – this is the usual method adopted in New South Wales.  Ballots are secret with only one candidate’s name written on a ballot paper.

 

Where there are two candidates, the person with the most votes is elected.  If the ballots for the two candidates are tied, the one to be elected is to be chosen by lots, with the first name out being declared elected.

 

Where there are three or more candidates, the person with the lowest number of votes is eliminated and the process started again until there are only two candidates.  The determination of the election would then proceed as if the two were the only candidates.  In the case of three or more candidates where a tie occurs, the one to be excluded will be chosen by lot.

 

Choosing by Lot – to choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen, on the basis detailed above.

 

Financial Implications

 

On 12 June 2014, Council resolved (14-304) in part 3:  "That Council in accordance with its current practice not determine a fee payable to the Deputy Mayor."

 

 Section 249(5) of the Local Government Act 1993 states:

 

(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.

 

Therefore the Deputy Mayor when acting in the role of Mayor, in instances where the Mayor has leave of absence endorsed by Council, would be paid a fee calculated on a pro-rata basis of the annual Mayoral allowance, which would be deducted from the amount of the monthly Mayoral allowance paid to the Mayor, in accordance with Section 249 of the Local Government Act 1993.

 

Statutory and Policy Compliance Implications

 

The Deputy Mayor will undertake the Mayor’s role at the request of the Mayor and in situations where the Mayor is prevented by illness, absence or other reasons from exercising the functions of the position.  The role of the Mayor is defined by Section 226 of the Local Government Act 1993. 

Section 226 states that:

 

The role of the mayor is:

•      to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council

•      to exercise such other functions of the council as the council determines

•      to preside at meetings of the council

•      to carry out the civic and ceremonial functions of the mayoral office.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Report No. 13.2           Tyagarah Aerodrome - Proposed Short-Term Lease Australia Skydive Pty Ltd

Directorate:                 Corporate and Community Services

Report Author:           Claire Campbell, Leasing/Licensing Officer

Michael Matthews, Manager Open Space and Resource Recovery

Trish Kirkland, Manager Governance Services

File No:                        I2015/811

Theme:                         Community Infrastructure

                                      Facilities Management

 

 

Summary:

 

This report provides an update on the Council resolution 14-654, and provides information about recent changes to the ownership and structure of the corporate entity “Skydive Australia Group Pty Ltd”, how these changes relate to tenancy arrangements for Part Lot 1 in DP 713023 known as Skydive Byron Bay being “plan for lease purposes” Lot 4 in DP 805678, and recommends that Council authorise the General Manager to negotiate and grant a short-term lease agreement with the new corporate entity that now owns the lease site building and infrastructure assets. 

 

 

  

 

RECOMMENDATION:

1.       That Council not call for competitive lease proposals for a new short-term lease agreement for Part Lot 1 in DP 713023 known as Skydive Byron Bay being “plan for lease purposes” Lot 4 in DP 805678 for the following reasons:

 

a)      All site infrastructure (including buildings) is owned by Australia Skydive Pty Ltd;

b)      Australia Skydive Pty Ltd currently occupy the premises and conduct commercial operations from the site and formal tenure and access agreements with Council are required to ratify the current circumstances;

c)      A competitive process is not considered to achieve best value for money outcomes for a short-term lease arrangement because of the necessity to attract capital investment (for required building infrastructure); and

d)      Best value for money is considered achievable with a short-term, market value rental, with the incumbent business operating from the site.

e)      A competitive long-term lease proposal is already planned as part of implementing the Tyagarah Aerodrome Future Options Project.

 

2.       That Council call for competitive long-term lease proposals for Part Lot 1 in DP 713023 known as Skydive Byron Bay being “plan for lease purposes” Lot 4 in DP 805678 on expiry of the new short-term lease agreement with Australia Skydive Pty Ltd, completion of the necessary compliance and safety works, and finalisation of the subdivision required to support long-term lease arrangements at the Aerodrome.

 

3.       That Council authorise the General Manager to negotiate and grant a short-term lease with Australia Skydive Pty Ltd subject to the following:

 

a)      A lease term that aligns with time frame required to complete compliance, safety and subdivision works at  the Aerodrome, but not more than 24 months;

b)      Rent to be determined via market rental valuation in accordance with Council’s adopted fees and charges;

c)      Inclusion of lease clauses that:

i.     provide for requirements for removal or otherwise of any onsite infrastructure fixtures and fittings (including buildings) to achieve vacant possession of the site at the end of the lease term.

ii.    provide for use of the airfield, taxiways, runway, and other Aerodrome infrastructure in accordance Commercial Access Licence conditions that provide Council with the legal ability to collect fees and charges levied in accordance with Council’s adopted Fees and Charges.

iii.   provide the proposed lessee, Australia Skydive Pty Ltd, with a lease termination clause for sufficient notice to vacate the premises, but not more than 6 months.

 

4.       That the Council seal be affixed to the short-term lease agreement between Council and Australia Skydive Pty Ltd for Part Lot 1 in DP 713023 known as Skydive Byron Bay being “plan for lease purposes” Lot 4 in DP 805678 in accordance with Regulation 400 of the Local Government (General) Regulations 2005.

 

5.       That this resolution closes and replaces the previous resolution of Council 14-654.

 

Attachments:

 

1        Information Memorandum to Byron Shire Council from Skydive the Beach, E2015/51868  

2        Copy of SMH online article dated 28 March 2015 about skydive-the-beach-share float to raise capital to acquire Australia Skydive, E2015/20083  

3        Skydive_The_Beach_Prospectus - acquisition of Australia Skydive, E2015/56418  

 

 


 

Report

 

Land Information

Tyagarah Aerodrome

Part Lot 1 in DP 713023 known as Skydive Byron Bay being “plan for lease purposes” Lot 4 in DP 805678.

Owner – Byron Shire Council

Classification – Operational Land

 

Lease Site Background

From 30 January 1996 to 29 January 2003, Raymond J Palmer and William G Jamieson leased Lot 4 from Council as the owners of the Byron Skydiving Centre. Whilst there was an option to renew for a further 7 years in that lease, and the option was exercised in accordance with the lease provisions, the documentation was not finalised by 29 January 2003. As a result, as the lessees continued to occupy the premises as monthly tenants holding over.

 

During the holding over period, the Byron Bay Skydiving Centre was dissolved as a business.

Skydive Byron Bay was formed as a company.

 

A new lease was executed on 14 May 2004 between Council and Raymond John Palmer (a director of Skydive Byron Bay) to end on 29 January 2010.

 

At its Ordinary Meeting on 17 December 2009, Council considered Report 11.11 Tyagarah Airfield - Lease L9 Lot 4 DP 805678) and resolved:

 

09-1059

 

“1. That Council authorise the General Manager and Mayor of Council to sign all necessary documents with Raymond Palmer under which:

 

a) the term of the current lease over Lot 4 DP 805678 is extended to 31 December 2010; and

b) an extended period of 3 months is provided for the termination and vacation of the Land to the current lease over Lot 4 DP 805678.

 

2. That Council authorise the General Manager and Mayor of Council to affix the seal to the variation of lease with Raymond Palmer over Lot 4 DP 805678.”

 

A Deed of Variation was subsequently executed on 20 August 2010 with the lease to end on 31 December 2010.  The lessee continued to occupy the premises upon expiry.  The lessee is considered a tenant holding over, with the tenancy determinable by 3 months notice in writing by either party. 

 

Use of the Airstrip 

Raymond J Palmer’s lease not only allows occupancy of the premises for skydiving and associated activities carried out by Byron Bay Skydiving Centre, but includes provisions for access and use of the airstrip at Clause 33 “Use of Airstrip”, as stated below:

 

“33.1 The Lessee shall have the right to utilise the airstrip and airstrip aprons for the purpose of taxiing, take-off and landing of aircraft utilised by the Lessee for hire, flight training and flight testing from time to time provided that the Lessee shall comply with all requirements of any local body or authority and comply with the local regulations and procedures for operation of aircraft using Tyagarah Airstrip as set out from time to time by Byron Shire Council.”

 

The issue with this lease clause is that it provides unfettered access to, and use of, the aerodrome (outside the premises lease boundary) without the legal agreement in place to enforce the collection of Council levied landing and registration fees and charges.

 

At the Ordinary Meeting held 21 October 2010, Council considered a report titled “14.3 CONFIDENTIAL Tyagarah Airfield”, refer http://www.byron.nsw.gov.au/meetings/2010-10-21-ordinary.  The following section was included under the Financial Sustainability:

 

In addition to lease income, Council generates revenue, based on the adopted fees and charges, by charging lessees and casual users landing fees, registration fees, and aircraft parking fees.  Whilst there are provisions in Council’s adopted fees and charges to levy these fees, Council has struggled to maximise revenue in these area for two reasons:

 

1.   lack of Council representation at the Airfield to record landing and registration data in support of the fees levied; and to collect casual user fees.

2.   lack of legal documentation to support the collection of data and payment of commercial landing fees and third party registration fees (for aircraft hangered on Council premises)

 

Historically, these issues have prevented the appropriate levying of fees and charges, the ability to collect fees and charges that are levied, and resulted in a sustain loss of income and the writing off of bad debts in relation to the Aerodrome’s operation, as previously considered by Council at the Ordinary Meeting held  30 June 2011, refer “15.2 CONFIDENTIAL – Resident and Landing Fees Debt Write-off’ at http://www.byron.nsw.gov.au/meetings/2011-06-30-ordinary.

 

At the Ordinary Meeting held 11 December 2014, Council considered report titled “13.7 Tyagarah Airfield Future Options”, refer

 

http://byron.infocouncil.biz/Open/2014/12/OC_11122014_AGN_375_AT.PDF,which contained the following information.

 

Automated Aircraft Monitoring System

 

The TAG options report noted that under the current tenant agreements there is no current legal agreement or mechanism for BSC to enforce landing fees and charges. The report stated:

 

“Non-collection of landing fees is a major loss of revenue for BSC and measures should be taken to ensure these are enforceable.

 

We recommend BSC undertake the following steps:

1.   Replace or Repair existing sign for fees and charges at the airfield;

2.   Include a clause for landing and related fees as a required payment in any future lease agreements; and

3.   Implement an accurate reliable airfield activity monitoring system”

 

Appendix 18 of the options report provided a fee proposal for the installation of an on-site automated monitoring and billing system to track the movements of aircraft landings and takeoffs. Staff requested this initial proposal be further refined with a view to accurately reflect the on-site requirements of the system and gain a firm quotation for the entire installation and commissioning of the entire works. The final quotation allowing for 4 strategically placed cameras and infrastructure to service the cameras and associated equipment was $50,560.00 ex GST.

 

Council has progressed recommendation number 3 from the TAG Group’s Future Directions Report for the Aerodrome to install an automated monitoring system.  This system will provide the factual records required to evidence the fees and charges levied to all resident and leaseholder operators.  The estimated cost for implementing the new monitoring system has been adopted in the 2015/16 budget, and the on-going operational benefits and costs are being established via the required competitive tender process, which is in the final stages of preparation by staff.

 

In relation to the TAG Groups recommendation number 2, Council had previously sought legal advice and draft template lease and commercial access license agreements to ensure the appropriate legal agreements are in place to enforce the payment of Council levied fees and charges that are above those levied for premises rental, as considered by Council at its Ordinary Meeting held 30 June 2011, refer “15.2 CONFIDENTIAL – Resident and Landing Fees Debt Write-off’ at http://www.byron.nsw.gov.au/meetings/2011-06-30-ordinary.

 

These new template agreements will be used for the proposed new lease with Australia Skydive Pty Ltd and for all future Aerodrome agreements as part of the Tyagarah Airfield Future Directions Project implementation.

 

Together the new agreements and monitoring system, will ensure that all aircraft movements are captured (evidenced), invoiced, and payments enforced via appropriate legal agreements for all tenants and resident aircraft operators.

 

Current

Staff met with Skydive Byron Bay, at their request, on 10 June 2014, and discussed their concerns regarding their tenure arrangements and provided them with an update regarding the future options process that Council is progressing for the Airfield.

 

Subsequent to the meeting, on 12 June 2014, Council received an email proposal from Skydive

Byron Bay requesting the following:

 

1.  Assign the existing lease from RJ Palmer to their preferred corporate entity;

2.  Deed of Variation to alter their lease termination period from the current 3 months to 12 Months;

3.  An offer to pay more rent;

4.  An offer to contribute to upgrades and maintenance to the runway.

 

Staff provided a written response on 22 July 2014 consistent with the discussions of the earlier meeting, including the following:

 

1.  Requested confirmation of preferred corporate entity. Advised that any assignment will be subject to existing lease terms and conditions continuing, including current holding over provisions established by the Deed of Variation executed 20 August 2010; and requested undertaking that the assignee meet all the fees and charges.

 

2.  That the request to extend their termination period from 3 months to 12 months would be considered as part of Council’s future options considerations for the Aerodrome so that those options are not fettered for Council by the 12 month termination proposal.

 

3. That the offer of more rent and capital investment should be considered as part of any future competitive process once the final strategic direction of Aerodrome has been determined by Council.

 

A reply was received from Skydive Byron Bay on 3 November 2014 that confirmed:

 

1.  Assign the current lease from RJ Palmer to Skydive Australia Group Pty Ltd (ACN 602 608 864) including an undertaking that all expenses, fees and charges will be paid on receipt of Council’s tax invoice.

 

2.  Another request to alter their lease termination period from the current 3 months to 12 months.

 

Council considered Report No. 13.6 Lease Assignment – RJ Palmer to Skydive Australia Group Pty Ltd at it’s Ordinary Meeting of 11 December 2014, which recommended that:

 

1.   Council authorise the General Manager to negotiate and grant a Deed of Assignment of the Lease between Council and Raymond John Palmer to a corporate entity named Skydive Australia Group Pty Ltd, subject to existing lease terms and conditions continuing as amended by the Deed of Variation executed on 20 August 2010.

 

2.   That Council authorise the General Manager to affix the Council Seal to the Deed of Assignment of Lease from Raymond John Palmer to Skydive Australia Group Pty Ltd in accordance with Regulation 400 of the Local Government (General) Regulations 2005.

 

3.   That Council decline to vary the terms and conditions of the current lease with Raymond John Palmer to extend the termination term from 3 months to 12 months and instead authorise the General Manager to explore the option of a new short-term lease agreement with Skydive Australia Group Pty Ltd subject to:

 

a)   Market Valuation; and

b)   A lease term clearly aligned with the timeframe required by council to complete the compliance and safety works at the Airfield necessary to enable the offering of future and longer-term tenancy agreements via a competitive process; and

c)   A lease termination clause that does not fetter Council’s ability to fully consider, determine and implement the future strategic direction of the Airfield.

4.   That Council decline the offer of capital investment in the Airfield as it raises significant probity and value for money issues, and instead authorise the General Manager to consider capital investments from proponents as part of the future competitive process to offer future and longer-term tenancy agreements once Council has determined the future strategic direction of the Airfield and completed the necessary compliance and safety works required to enable that competitive process.

 

Council resolved:

 

14-654

 

1. That Council authorise the General Manager to negotiate and grant a Deed of Assignment of the Lease between Council and Raymond John Palmer to a corporate entity named Skydive Australia Group Pty Ltd, subject to existing lease terms and conditions continuing as amended by the Deed of Variation executed on 20 August 2010.

 

2. That Council authorise the General Manager to affix the Council Seal to the Deed of

Assignment of Lease from Raymond John Palmer to Skydive Australia Group Pty Ltd in

accordance with Regulation 400 of the Local Government (General) Regulations 2005.

 

3. That Council decline to vary the terms and conditions of the current lease with Raymond

John Palmer to extend the termination term from 3 months to 12 months and instead

authorise the General Manager to execute a short term lease to the existing Skydive

Australia Group Pty Ltd lease with the following amendments;

 

          a) Lease term to be extended for a period of 12 months, plus an additional 12 month        option to be exercised by Skydive Australia Group.

          b) The termination notice period to be increased from 3 months to 6 months.

          c) Rent to be increased to $30,000 per annum for the first year.

          d) Rent for the second year option will be determined on a market valuation completed    by Council prior to the conclusion of the first year term.

 

4. That Council decline the offer of capital investment in the Airfield as it raises significant  probity and value for money issues, and instead authorise the General Manager to consider capital investments from proponents as part of the future competitive process to offer future and longer-term tenancy agreements once Council has determined the future strategic direction of the Airfield and completed the necessary compliance and safety works required to enable that competitive process

 

5. That it is intended that the extension to the existing lease term is aligned with the time frame required by Council to complete the compliance and safety works at the Airfield which are necessary to enable the offering of future and longer-term tenancy agreements via an open competitive selection process such as tender or expression of interest.

 

Staff progressed resolution 14-654 and provided a new draft lease agreement to the corporate entity Skydive Australia Group Pty Ltd, and continued to negotiate with Skydive Australia Group Pty Ltd around their requests that the new lease agreement provide them with the unfettered ability to assign the new lease without Council’s prior consent. 

 

The negotiations were not finalised to the satisfaction of either party, when Council became aware, via a series of press releases, that Skydive Australia Group Pty Ltd’s parent company, Australia Skydive Pty Ltd, was proposed for acquisition by Skydive The Beach Group Limited (ACN 167 320 470), in December 2014, as part of Skydive The Beach Group Limited’s public listing on the Australian Stock Exchange, refer a sample press statement at Attachment 2 and clauses 6.12 and 6.13 of the Australian Stock Exchange prospectus at Attachment 3.

 

After finalisation of the acquisition by Skydive The Beach Group Limited, Council staff where contacted directly by their Chief Financial Officer about formalising their tenure at the lease site and their commercial operations at the Aerodrome.

 

Council staff met with representatives from Skydive Australia Group Pty Ltd, Australia Skydive Pty Ltd and Skydive the Beach Group Limited on 23 June 2015.  At this meeting and in subsequent correspondence, Council were advised as follows:

 

·    Skydive Australia Group Pty Ltd (the entity named in Council’s resolution 14-654) is a shell company – all assets have been transferred to Australia Skydive Pty Ltd and it, therefore, no longer owns any assets.  Its Office Holders and Shareholders remain Messrs Cheers, Kennedy and Palmer.

 

·    Australia Skydive Pty Ltd is the parent company of Skydive Australia Group Pty Ltd and now owns all the assets relating to the premises at Tyagarah (all improvements including the building, hanger and refuelling infrastructure).  Its Office Holders are Messrs. Ritter, Radford and Boucaut and Skydive the Beach and Beyond Sydney Wollongong Pty Ltd (ACN 169 433 363) is the shareholder (and is 100% fully owned by subsidiary of Skydive the Beach Group Limited).

 

·    Skydive the Beach Group Limited (ACN 167 320 470), thus fully owns Australia Skydive Pty Ltd.  Its Office Holders are Messrs. Ritter, Radford and Boucaut and it is a publically listed company on the Australian Stock Exchange.

 

Given the office holder/shareholder structure of Australia Skydive Pty Ltd and Skydive the Beach Limited, both companies should be considered as third parties when interpreting and effecting the terms of resolution 14-654.

 

Hence the 23 June 2015 meeting proceeded on the basis that:

 

·    Council’s Resolution 14-654 only endorsed a lease between Council and Skydive Australia Group Pty Ltd.  A lease with another corporate entity, especially one not involving Messrs. Cheers, Kennedy, and Palmer, would have to be considered by the elected Council.

 

·    The elected Council would need to receive a report from Council staff before it could endorse a change in the lessee (currently Raymond John Palmer), to another corporate entity.

 

·    This report would depend on staff receiving information as to why a new lease is now sought in the name of Australia Skydive Pty Ltd.

 

Council requested full details of Australia Skydive Pty Ltd including:

 

·    its structure (office bearers and shareholders),

·    the scope and nature of its operations,

·    its relevant industry experience, and

·    its financial capacity.

 

On the 31 July 2015 Australia Skydive Pty Ltd and Skydive the Beach Group Limited provided Council with an information memorandum document providing details of structure, industry experience and financial capacity of both Australia Skydive Pty Ltd and Skydive the Beach Group Limited. This document is contained at Attachment 1.

 

Due to the changes in both the name and structure of the corporate entity requesting a new lease, it would be prudent for Council to take the opportunity as part of any new lease negotiations to consider the ownership of any infrastructure, assets, fixtures and fittings located on the Tyagarah lease site. It would also be prudent to ensure any new lease term aligns with the period required for Council to undertake compliance and safety works at the site. Such works, once completed will ultimately prepare the site to be offered via a competitive selection process, and present it in a manner that will obtain the best value for money outcome for this important community asset.

 

Consequently, this report recommends that Council:

 

1.   Not call for competitive lease proposals for the proposed new short term lease agreement for this site because:

 

a)   all site infrastructure (including buildings) is owned by Australia Skydive Pty Ltd;

b)   Australia Skydive Pty Ltd currently occupy the premises and conduct commercial operations from the site without any formal tenure or access agreements with Council, and this “illegal” occupation and use of Council land needs to be rectified;

c)   it will be difficult to attract the necessary capital investment (building infrastructure) to the lease site and/or Aerodrome for a short-term occupancy only; and

d)   best value for money will be achieved with a short term, market value rental, with the incumbent business operating from the site.

e)   Council is planning a long-term competitive lease offering as part of implementing the Aerodrome Future options project.

 

2.   Will call for a competitive lease proposal for this lease site on expiry of the proposed new lease agreement, completion of the necessary compliance,  safety and subdivision works planned at the Aerodrome.

 

3.   Authorise the General Manager to negotiate and grant a short-term lease with Australia Skydive Pty Ltd subject to the following:

 

a)   for a term no longer than 24 months, to align with time frame required to complete compliance and safety works at  the Aerodrome, in preparation for offering the site via an open, competitive process.

b)   Rent to be set via market rental valuation in accordance with Council’s adopted fees and charges.

c)   lease to clauses that clearly outline requirements for removal or otherwise of any onsite infrastructure fixtures and fittings (including buildings), at the end of the lease term.

Lease clauses that clearly outline use of the airfield, taxiways, runway, and other Aerodrome infrastructure in accordance with legally enforceable Commercial Access Licence conditions and ability for Council to collect fees and charges levied in accordance with Council’s adopted Fees and Charges.

d)   lease termination clauses that provide sufficient notice to the proposed lessee to vacate the premises, for not more than 6 months.

 

4.   Affix the Council seal to the lease agreement between Council and Australia Skydive Pty Ltd for Part Lot 1 in DP 713023 known as Skydive Byron Bay being “plan for lease purposes” Lot 4 in DP 805678.

 

5.   This resolution closes and replaces the previous resolution of Council 14-654.

 

Financial Implications

 

The new Lessee will be invoiced for all expenses, valuations, fees and charges associated with a new Lease, in accordance with Council’s published Fees and Charges.

 

The current lease agreement with Raymond John Palmer has not been market tested since 2003, and it is anticipated a significant rental increase will result from a Market Rental Valuation.

 

Statutory and Policy Compliance Implications

 

An open competitive selection process such as a tender or expression of interest process enables Council to demonstrate accountability and transparency and makes it difficult for private interests to influence, or be seen as influencing the outcome of a contract.

 

ICAC Guidelines for managing risks in direct negotiations May 2006 states:

 

“Doing business with government is a key driver of economic activity and many private firms and not-for-profit organisations rely on access to government contracts in order to stay in business.  Direct negotiations can unfairly exclude capable firms and employ staff, pay taxes and contribute to the economy.”

 

“Obtaining best value for public money is a fundamental principle of public sector work.  When it is  known that there are other proponents who could feasibly compete for a contract, agreeing to direct negotiations with a single proponent increases the risk that the agency may not obtain best value for money.  When a proponent does not have to compete for contracts there is a higher risk that the proponent may unjustifiably increase profit margins, exaggerate expenses or otherwise boost returns on the contract.

 

Furthermore, when an agency restricts the number of parties with which it does business, it also limits the number of potentially useful ideas, solutions and options that it has access to.”

 

“Direct negotiations (or the possibility of direct negotiations) can create an environment where private interests could influence or be seen to influence the outcome of the contract. In contrast, an open, competitive selection process, with a predetermined business plan and selection criteria and an accompanying audit trail, make it difficult for private interests to influence, or be seen to influence, the outcome of a contract.”

 

Local Government Tendering Guidelines

 

Section 23A of the Local Government Act 1993 provides that the Director-General may prepare, adopt or vary guidelines relating to the exercise by a council of any of its functions. A council must take any relevant guidelines issued under section 23A into consideration before exercising any of its functions.

“Councils must use the tendering method set out in the Regulation before entering into any of the types of contracts specified in section 55(1) of the Act. In addition to the types of contracts outlined in this section, councils are encouraged to use the tendering process in the following circumstances:

 

·    Where the sale or purchase of land may be considered controversial, contentious or political. Acknowledging that the sale or purchase of land is specifically exempt under 55(3) of the Act, council should still consider using the tender process in such circumstances.

·    Where there is a risk that ‘would be’ tenders could claim that council has ‘preferential’ arrangements with a single supplier

 

By using the tendering process in circumstances other than those prescribed by section 55 of the Act, councils will be able to provide assurance of openness and accountability, build anti-corruption capacity and achieve the best value for money.”

 

LOCAL GOVERNMENT ACT 1993

Section 8 The council’s charter

(1) A council has the following charter:

• to provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively

• to exercise community leadership

• to have regard to the long term and cumulative effects of its decisions

• to bear in mind that it is the custodian and trustee of public assets and to effectively plan for, account for and manage the assets for which it is responsible

• to engage in long-term strategic planning on behalf of the local community

• to facilitate the involvement of councillors, members of the public, users of facilities and services and council staff in the development, improvement and co-ordination of local government

 

Local Government (General) Regulations 2005

 

400 Council seal

 

(1) The seal of a council must be kept by the mayor or the general manager, as the council determines.

 

(2) The seal of a council may be affixed to a document only in the presence of:

(a) the mayor and the general manager, or

(b) at least one councillor (other than the mayor) and the general manager, or

(c) the mayor and at least one other councillor, or

(d) at least 2 councillors other than the mayor.

 

(3) The affixing of a council seal to a document has no effect unless the persons who were present when the seal was affixed (being persons referred to in subclause (2)) attest by their signatures that the seal was affixed in their presence.

 

(4) The seal of a council must not be affixed to a document unless the document relates to the business of the council and the council has resolved (by resolution specifically referring to the document) that the seal be so affixed.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Sustainable Community Markets Public Exhibition for Draft Policy/Fees and Charges

Directorate:                 Corporate and Community Services

Report Author:           Claire Campbell, Leasing/Licensing Officer

Trish Kirkland, Manager Governance Services

File No:                        I2015/868

Theme:                         Economy

                                      Economic Development

 

 

Summary:

 

This report provides the outcomes for the public exhibition process of the new Draft Sustainable community Markets Policy and the new Market Licence Fees, and recommends that both the Policy and the Market Licence Fees are adopted by Council.

 

 

  

 

RECOMMENDATION:

1.       That Council adopt the Sustainable Community Markets Policy, contained at Attachment 2 (E2015/33306), to replace the Markets within Byron Shire Policy No. 5.51 and incorporate these changes into Council’s Policy Register.

 

2.       That Council adopt the Market Licence Fees, shown at Table 1, and incorporate these changes into Council’s adopted Fees and Charges for 2015/16.

 

Attachments:

 

1        Confidential - Submission - Fees and Charges - market pricing, E2015/54581  

2        Sustainable Community Markets Policy for adoption, E2015/33306  

3        Confidential - Summary table and submissions - Sustainable Community Markets Draft Policy, E2015/57172  

 

 


 

Report

 

Draft Sustainable Community Markets Policy

 

At the Ordinary Council meeting of 21 May 2015, Council resolved [15-228], to place the Byron Shire Council’s draft policy Sustainable Community Markets on public exhibition for a period of 28 days, refer Report No. 13.3 Draft Sustainable Community Market Policy – Public Exhibition at http://byron.infocouncil.biz/Open/2015/05/OC_21052015_AGN_381_AT.PDF.

 

The policy was placed on exhibition from 4 June 2015 to 2 July 2015, and submissions were invited in relation to the draft policy.  At the close of the submission period, a total of four submissions were received.  A table summarising the content of these submissions, as well as full copies of the submissions are available at Confidential Attachment 3.

 

In summary, there are two submissions in support of the draft Policy, one objection to the draft Policy, and one submission that requests further information.

 

In support of the policy, submissions commented that the policy was “fair to all markets”, and showed “the value of markets”. The supporting submissions also flagged the Policy’s potential to enable the issuing of temporary market licences as a positive change for those wishing to test out a new market concept, or trial a new market style on council-owned or managed land. These submissions did not suggest changes to the draft Policy.

 

Objecting to the policy, the submission flagged concerns of an operational nature, such as the location and timing of the markets and fall outside the scope of the draft Policy.  Of relevance to the draft Policy, the submission states the draft Policy is discriminatory to “out of area tax payers”. As the Policy was developed with social and economic benefit objectives for the Shire, it provides for Licensed Market Manager’s to allocate a substantial % of stalls using a scaled criteria that does include consideration of stallholders outside the Shire municipal boundaries.   There are no recommended changes to the Policy as a result of this submission.

 

The final submission received requested additional information in relation to some aspects of the draft Policy.  In particular the submission requests a copy of the “Sustainable Community Markets Regulating Code” referred to in the Policy.   This is publically available document and a copy is available on Council’s website. Council staff will respond to this submission with guidance as to how to view the “Sustainable Community Markets Regulating Code”, which was available as part of the meeting record of 31 May 2015 (13.3 Sustainable Community Markets Regulating Code). Council staff will also provide advice to the respondent that the “Sustainable Community Markets Regulating Code” is a procedural document that will change over time in response to legislation, best practice, and industry guidelines, and that the Code document is intended as a supporting and procedural adjunct to the Policy.

 

This submission also requested clarification in relation to the allocation of market stall spaces.  Specifically the submission asked Council to clarify whether the allocation of 75% of stall spaces to produce and products from the Local Area would apply to the number of permanent stalls in any given market, or would apply to the total number of available stalls at any given market.  The draft Policy does not distinguish between permanent and non-permanent stall holders, and thus staff will advise that this figure applies to the total available market spaces.  

 

Finally this last submission suggested changes to the policy wording in relation the Section 3.6 “Market Licence Assessment Criteria”. The submission recommends changes to the qualitative selection criteria wording so that it is “more encouraging of entrants to the competitive tender process”.   The recommended change involves changing the term “Demonstrated” to “Demonstrate” for each of the qualitative criteria to open up the meaning of a “successful response” to provide for applicants who can illustrate how they may have the ability to meet the criterion, rather than requiring that they already have “demonstrated” experience meeting the criterion. This change would mean a successful applicant may give examples of experience that could be relevant or transferable to managing a successful market in the Byron Shire area, rather than limiting a successful response under the criteria to only include those who have already gained “demonstrated” experience as market managers within the Byron Shire.  Council staff support this change, and the proposed amendments have been included in the attached version of the “Sustainable Community Markets” policy at Attachment 2.

 

Market Manager Licence Fees

 

At its Extraordinary Meeting of 25 June 2015 Council resolved [15-298] to exhibit amendments to the Market Manager Licence Fees in the adopted Fees and Charges 2015/2016, refer Report No. 4.3 Community Market Policy – Market License Fees Public Exhibition at http://byron.infocouncil.biz/Open/2015/06/OC_25062015_AGN_448_EXTRA.PDF.

 

The proposed fees and charges, shown at Table 1 below, were placed on public exhibition and submissions invited between 16 July 2015 to 12 August 2015.   During this period only one submission was received, and is included at Confidential Attachment 1.

 

Table 1 – 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 5 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

 

The submission raises concerns regarding the comparatively higher costs per stall for the smaller Community Market held in Mullumbimby versus the costs per stall for larger Community Market held in Byron Bay.  The Project Reference Group agreed a scaled Market Manager Licence Fee framework as an acknowledgement that running larger markets attracts greater operating costs and the need for expansion investment.  Thus, the Project Reference Group members agreed a scaled Market Manager Licence Fee framework as a measure to encourage market stall holder growth and expansion, and to ensure Market Manager Licence Fees set by Council did not factor as a market growth inhibitor. 

 

The remainder of this submission was not related to the exhibited Market Licence Fees but rather went to other matters in relation to the management of markets within the Shire. These non-related   issues raised will be responded to by staff.  There are no recommended changes to the Market Manager Licence Fees as a result of this submission.

 

Financial Implications

 

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 $4,000 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                                          13.4

 

 

Report No. 13.4           Report of the Safe Summer in the Bay PRG meeting 20 August 2015

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Policy Officer

File No:                        I2015/870

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

A Safe Summer in the Bay PRG meeting was held on 20 August 2015 and this report provides the minutes of that meeting.

 

  

 

RECOMMENDATION:

1.       That Council implement a Special Events Parking Area (SEPA), consistent with the same area as the 2014/15 SEPA, for the event ‘Safe Summer in the Bay’ from the 26th December 2015 through to 4th January 2016 inclusive and a 2P time limit apply between the hours of midnight and 7am.

 

2.       That in order to meet the current shortfall in funding of Soul St NYE and First Sun NYD (as experienced for the previous two years also), that Council reallocate savings made from the cancelled Park and Ride project budget, up to $20,000, to Soul St NYE and First Sun NYD, noting that the Safe Summer in the Bay PRG are pursuing other sponsorship opportunities.

 

Attachments:

 

1        Minutes of the Safe Summer in the Bay PRG meeting 20 August 2015, E2015/54243  

 

 


 

Report

 

A Safe Summer in the Bay PRG meeting was held on 20 August 2015. The minutes of the meeting are provided in attachment 1.

 

The main points of discussion were:

 

·    SEPA as a street camping control

·    Street closure times, parking, transport issues and Butler Street Reserve

·    Changes to the law re alcohol prohibition and how this may impact on alcohol confiscation on the night

·    Making Things Happen update and how we can work with the program to raise revenue

 

The committee made two recommendations to Council as provided in the recommendations on this report.

 

Financial Implications

 

SEPA cost approximately $17,000 in 2014/15 financial year. It is expected the costs will be less for SEPA implementation for 2015/16 as the poles are now installed permanently (installed 2014/15) and the signs are owned by Council (bought 2013/14).

 

If Council adopts recommendation 2, up to $20,000 that is currently allocated to ‘Park and Ride’ will be reallocated to New Year’s Eve to assist with management of Soul St NYE and First Sun NYD events. Any sponsorship funds raised by the committee towards these events will offset this budget allocation, thereby reducing it by the amount of sponsorship raised.

 

Management Comment

 

Recommendation 2. is in conflict to a recommendation made in the separate Report – Park and Ride / New Years Eve to this meeting. In that Report the following recommendation has been made:-

 

1.    That the original budget allocation (Res 14-293) for the Park and Ride initiative, less the cost of the 2015 New Year’s Eve shuttle, be maintained for a review in 2016 post the introduction of paid parking and implementation of the Byron Bay Town Centre Masterplan.

 

The cost of operating the Shuttle is estimated at $10,000, with the current budget allocation for the Park and Ride initiative being $40,000. The savings to be reallocated is estimated at $30,000, which means that should Council adopt Recommendation 2., in this Report,  and also resolve to preserve the balance of the Park and Ride budget for a Review in 2016 , that the amount preserved would be $10,000 and not $30,000.

 

The Recommendations when considered by Council will need to determined on the basis of ensuring that Council is not reallocating the same funds for two separate purposes

 

Statutory and Policy Compliance Implications

 

Plan for New Year in Byron Bay 2015

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Report of the Public Art Assessment Panel meeting 6 August 2015

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Policy Officer

File No:                        I2015/871

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

A Public Art Assessment Panel meeting was held on 6 August 2015 and this report provides the minutes of the meeting to Council.

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Public Art Assessment Panel meeting held on 6 August 2015.

 

2.       That further to resolution 14-602,  that Council note that the Public Art Assessment Panel reiterates its support for the Memorial Seat in Brunswick Heads.

 

3.       That Council accept the donation of ‘Simpson’s Sofa’ as a permanent sculpture installation in South Beach Park, Brunswick Heads.

 

4.       That Council accept the donation of a public artwork on the Jonson Street bus shelter to deter graffiti.

 

5.       That whilst the value and creative worth of the Inside Out Project is recognised, Council decline the request for funding and advise that the Public Art Assessment Panel supports the proponents working with the Bangalow community to raise the funds.

 

6.       That Council commission public artwork on the following water infrastructure in the Byron Shire, to be funded from water and sewer budgets:

 

a)   Paterson’s Hill Water Tank

b)   Wategos Water Tank

c)   Warrumbool Road Reservoir

d)   Several sewerage pump stations (locations listed in the report, limited by budget allocation for the 2015/16 financial year)

7.       That with regard to the Brunswick Nature Sculpture Walk, the Public Art Assessment Panel recommend:

 

a)   That Council note that the Public Art Assessment Panel has considered each artwork submission for the Brunswick Nature Sculpture Walk, for consistency with the Council’s Public Art Policy.

 

b)   That Council note that the event organisers have engaged structural engineers (Ardill Payne and Partners) to assess the installation of the artworks on Friday 2 October, prior to the event opening and access by the general public.

 

8.       That Council:

 

a)     accept the donation of ‘Minyon Falls with Wesley Stacey’ to hang in the Byron Bay Library, and

 

b)     thank Rose McKinley for the generous donation and request her to help select a suitable location in the library.

 

Attachments:

 

1        Minutes of the Public Art Assessment Panel meeting 6 August 2015, E2015/52311  

 

 


 

Report

 

A Public Art Assessment Panel meeting was held on 6 August 2015. The minutes of the meeting are provided in attachment one.

 

A number of public art items were discussed and the recommendations presented in this report are supported by staff.

 

Financial Implications

 

Most recommendations are donations to Council, with the exception of recommendation 6 for public art to be installed on Council water and sewer infrastructure. Funds have been identified within water and sewer budgets for 2015/16 as follows:

 

Paterson Street Reservoir                    $75,000

Wategos Reservoir                               $25,000

Warrumbool Rd Reservoir                   $25,000

Pump Stations                                      $20,000

 

Statutory and Policy Compliance Implications

 

Public Art Policy

Public Art Guidelines and Criteria

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Byron Visitor Centre - Request for Financial Assistance

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

File No:                        I2015/872

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

Council has received correspondence from the Byron Visitors Centre requesting financial assistance with the payment of 2015/16 rates and charges for the Byron Visitors Centre.

 

This report is presented to Council for determination.

 

  

 

RECOMMENDATION:

1.    That Council not provide financial assistance to the Byron Visitor Centre in relation to rates and charges for the 2015/2016 financial year.

 

2.    That negotiations with the Byron Visitor Centre Incorporated Association be held with a view to developing a payment plan for the outstanding rates and charges.

 

 

 

 


 

Report

 

Land Information

Lot 1 DP 827049 known as “Old Station Master’s Cottage, Jonson Street, Byron Bay

Council owned Community Land - Plan of Management

 

The Byron Visitors Centre has written to Council seeking consideration and support to waive the rates and charges applicable for the 2015/2016 financial year. 

 

Comments from the Leasing and Licensing Coordinator

 

The Old Station Master’s Cottage premises is leased to the Byron Visitor’s Centre Inc. under the following historical lease agreements:

 

1.   01/04/2012 to 31/03/2014

 

Rent under this lease commenced at $67,000 plus GST per annum (offset by a S356 Donation).

Section 11 of this document states:

 

“The Lessee is to pay for all maintenance and running expenses associated with the leased premises including but not necessarily limited to Council general rates, water, sewerage, garbage removal, telephone, electricity charges, cleaning, grounds maintenance, telephone, and security.”

 

2.   01/04/2014 to 31/03/2015

 

Rent under this lease commenced at $70,323 plus GST per annum (offset by a S356 Donation).

Section 11 of this document states:

 

The Lessee is to pay for all maintenance and running expenses and services associated with the leased premises including, but not necessarily limited to Council general rates, water rates and usage, sewerage, garbage removal, telephone, electricity charges, cleaning, grounds maintenance, security and cost of work.”

 

The Byron Visitors Centre are currently tenants holding over on a monthly basis under the holding over provisions of this lease agreement.

 

3.   Proposed new lease

 

A new one year lease has been offered to the Byron Visitor’s Centre Inc. on the same terms and conditions, and Council is awaiting a response from the Byron Visitor’s Centre in relation to the execution of this lease document.

 

The request for financial assistance is the third request in four years from this organisation seeking financial relief from rates and charges. The current request is put forward to Council on the following basis:

 

‘We would formally request the elected Council to consider our application for a section 356 donation for the rates levied for the 2015/2016 rate year.  We make this request on the basis that the BVC:

 

1. Is a not for profit incorporated association run by 3 full time equivalent paid staff, 15 volunteers and 7 volunteer board members for the benefit of local tourism organisations (215 of whom are members)

 

2. Is a community touch point for the community, local tourism organisations and tourists of all kinds

 

3. Provides community services that can best be described as public goods such as visitor information free of charge.

 

4. Is collaborating with Council to provide volunteers for greeters programs and opening up platforms to allow Council to further develop its trails programs to engage with tourists

 

5. Council has seen fit to provide a section 356 donation for the rates levied in the past.

 

6. Absorbing the rates would result in a 50% reduction in surplus (currently $30-$40K in FY 2015) which is needed to reduce legacy debts the current Board inherited from their predecessors.

 

The existing Board is very grateful for the ongoing support Council provides.

 

We thank you for your consideration of this matter.

 

Yours faithfully

 

Adrian Kennedy

Treasurer BVC’

 

Comments from the Finance Manager

 

The background of Council’s two previous resolutions on the matter are:

 

For the 2010/2011 financial year, Council considered a request at its Ordinary Meeting held on 24 February 2011. Council resolved as per resolution 11-171 the following:

 

That Council makes a s356 donation to the Byron Visitor Centre of $4,294 from the Economic Development Budget and that this financial assistance be advertised as a donation in accordance with s356 of the Local Government Act.

 

For the 2011/2012 financial year, Council considered a request at its Ordinary Meeting held on 26 April 2012.  Council resolved as per resolution 12-330 the following:

 

That Council not provide financial assistance to the Byron Visitors Centre in relation to the remaining outstanding rates and charges instalments for the 2011/2012 financial year.

 

The request received in the 2011/2012 financial year was in consideration of the last two rates and charges instalments outstanding at that time amounting to $2,800.

 

The rates and annual charges payable by the Byron Visitors Centre for the 2015/2016 financial year are as follows:

 

Description

Amount $

General Rate – Business Byron CBD

4,431.65

Water Fixed Charge

175.00

Sewerage Fixed Charge

802.00

Stormwater Management Charge

75.00

Commercial Waste Charge

1,421.00

Total Rates and Annual Charges

6,904.00

 

The above amounts do not include additional charges from water and sewerage consumption that are levied quarterly in arrears separately. There has not been any request to consider waiving these charges.

 

As at 31 August 2015, total arrears excluding the 2015/2016 rates and charges levied in the table above equate to $16,316.18 plus an additional $958.73 in water and sewerage usage charges or $17.274.91.  The last payments Council received from the Byron Visitors Centre for rates and charges was on 19 December 2012 and for water/sewerage usage charges on 2 April 2013.

 

The rates and annual charges for the Byron Visitors Centre has increased aside from Council adopted increases to rates and charges, through an increased use of Council services.  The Byron Visitors Centre in January 2015 requested an additional two commercial waste services from Council which has had the impact of adding for 2015/2016 an additional $916.00 to the overall rate and charges levy.

 

In terms of this request overall, Council is unable to waive the rates and annual charges given the restrictions imposed by Regulation 131 of the Local Government (General) Regulation 2005.  An option for Council, if it determined to do so, would be to address this request by the same method employed for the 2010/2011 financial year, where Council provided a donation to cover the rates and annual charges, under the provision of Section 356 of the Local Government Act 1993.

 

Council’s existing policy for Section 356 donations for rates, water and sewerage charges (Policy 3.40) outlines the criteria for Section 356 donations for public halls and community centres.  The criteria under clause 3 states:

 

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

 

(a)  be operated by a not for profit organisation

(b)  must relate to a community centre or public hall that is available for use by the general community.”

 

Council Policy 3.40 does not provide the ability for the Byron Visitors Centre to access Section 356 donations for rates, water and sewerage charges, however Council is able to grant a donation to cover the remaining rates and annual charges, as a separate resolution outside of Policy 3.40, if it so determined.  If this course of action is Council’s view then the financial implications are outlined in the financial implications of this report.

 

Comments from Economic Development & Tourism (“ED&T”) Unit

 

Byron Shire Council is one of the few Local Government Authorities in NSW that do not directly fund Visitor Information Centres to provide visitor information services within their Shire boundaries. While Council provides support through subsidised rental (S356 Contribution) at the Old Stationmaster’s Cottage, the Byron Visitors Centre operates independently of Council, funded through membership fees and other external funding, and via the direction of an industry-led board. Staff are appointed directly by the visitors centre, and many are volunteers. The visitors centre has an important role in informing visitors about local activities and opportunities, and communicating community values.

 

Council has actively worked with the two visitor centres in the Shire, including Byron Visitor Centre, to develop the Byron Shire Visitor Services Strategy and implementation of the same, which is an outcome of the Byron Shire Tourism Management Plan.

 

Regular meetings have been held with the Byron Visitor Centre board, the General Manager and staff of the ED&T unit to work towards a future for the Centre that serves the town, particularly in the context of the Byron Bay Town Centre Masterplan.

 

The ED&T unit of Council have been working closely with both visitor centres to improve their financial sustainability. As stated by the Treasurer in his request (above), the inherited financial situation of the Byron Visitor Centre by the current board was dire and the new board have worked hard to turn around the financial sustainability of the Centre.

 

The Byron Visitor Centre are now close to becoming financial sustainable through the hard work and dedication of the volunteer board, and to insist on a lump sum payment for the outstanding charges may jeopardise the future of the Centre.

 

The tourism budget allocation for implementation of the Tourism Management Plan is small, intended for Shire-wide projects and already allocated to projects in the Operational Plan for 2015/16. If the funds carried forward in the tourism reserve are used to pay these outstanding debts, the tourism projects outlined in the Operational Plan will not go ahead as planned.

 

Financial Implications

 

If Council allocates funds to the Byron Visitor Centre (“BVC”) via a donation under Section 356 of the Local Government Act 1993, this would have to be allocated from the Tourism Reserve but would also need to consider priorities in the Tourism Budget Program.

 

As at 30 June 2015, there was $31,000 available in the Tourism Reserve which has been carried forward in its entirety and added to the Tourism budget fro 2015/2016 financial year as part of the ‘Carryovers for Inclusion in the 2015/2016 Budget’ Report adopted by Council at its Ordinary Meeting held on 27 August 2015 (Resolution 15-386).

 

Whilst the current request subject of this report is related solely to the total rates and charges levy for 2015/2016 of $6,904.00, there is still the issue of total debt outstanding.  As indicated earlier in the report there are current arrears of $17,274.91 at 31 August 2015.

 

 BVC have been issued with final reminders for all outstanding arrears by Council.  A final letter of demand was sent on 22 June 2015 which may have been the catalyst for the request, being the subject of this report. Debt recovery activities have currently been put on hold pending Council’s consideration of this report and subsequent determination.

 

If Council were to support the request by BVC through a Section 356 donation it would need to reallocate $6,900 from the Tourism Budget and if it were also to consider the current arrears (although not requested), it would need to allocate a total amount of $24,628.91 for the debt outstanding as at 31 August 2015.

 

If Council does not support this request then the lease conditions where BVC are responsible for outgoings such as rates and annual charges will be adhered to and in that respect debt recovery process for arrears would be recommenced. It is recommended that this process in the first instance include negotiations with the Byron Visitor Centre Incorporated Association, with a view to developing a payment plan for the outstanding rates and charges.

 

Statutory and Policy Compliance Implications

 

Regulation 131 of the Local Government (General) Regulation 2005 outlines the procedure for writing off rates and charges as follows:

 

(1) The council must, from time to time, by resolution, fix the amount of rates and charges above which any individual rate or charge may be written off only by resolution of the council.

 

(2) An amount of rates or charges 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 (1), rates and charges can be written off only by resolution of the council.

 

(3) A resolution or order writing off an amount of rates or charges 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 written off,

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

 

(4) An amount of rates or charges can be written off under this clause only:

(a) if there is an error in the assessment, or

(b) if the amount is not lawfully recoverable, or

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

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

 

(5) The fact that an amount of rates or charges is written off under this clause does not prevent the council concerned from taking legal proceedings to recover the amount.

 

(6) The general manager must advise the council of rates and charges written off by written order of the general manager.

 

Section 356 of the Local Government Act 1993 outlines below provides guidance on how Councils can financially assist others:

 

(1)  A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

 

(2)  A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days’ public notice of the council’s proposal to pass the necessary resolution has been given.

 

(3)  However, public notice is not required if:

(a)  the financial assistance is part of a specific program, and

(b)  the program’s details have been included in the council’s draft operational plan for the year in which the financial assistance is proposed to be given, and

 

(c)  the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and

 

(d)  the program applies uniformly to all persons within the council’s area or to a significant group of persons

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Council Investments August 2015

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2015/895

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position as at 31 August 2015 for Council’s information.

 

This report is prepared to comply with Regulation 212 of the Local Government (General) Regulation 2005.

 

  

 

RECOMMENDATION:

That the report listing Council’s investments and overall cash position as at 31 August 2015 be noted.

 

 

 

 


 

Report

 

In relation to the investment portfolio for August 2015, Council has continued to maintain a diversified portfolio of investments. At the time of writing this report, the average 90 day bank bill rate (BBSW) for the month of August had not been received.  Based on previous months and commentary received throughout August, the 90 day average BBSW is estimated to be around 2.10%. Council’s performance for the month of August is a weighted average of 2.87%. This performance is again higher than the benchmark.  This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits.  Council’s investment portfolio should continue to out-perform the benchmark as the capital protected investment earning 0% interest nears maturity.  

 

There is now only one capital protected investment held by Council which is fully allocated to an underlying zero coupon bond.  This investment is the Emu Note which will mature in October 2015.

 

The table below identifies the investments held by Council as at 31 August 2015:

 

Schedule of Investments held as at 31 August 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%*

1,490,850.00

20/06/12

500,000

HERITAGE BANK LTD BONDS

N

BBB+

20/06/17

B

7.25%

536,250.00

08/07/15

2,200,000

POLICE CREDIT UNION

P

NR

30/11/15

TD

2.95%

2,200,000.00

13/07/15

2,000,000

ME BANK

P

BBB

12/10/15

TD

2.95%

2,000,000.00

07/07/15

1,000,000

AUSWIDE BANK LTD (Previously Wide Bay)

P

BBB

05/10/15

TD

2.97%

1,000,000.00

11/06/15

2,000,000

NAB

P

AA-

09/09/15

TD

2.94%

2,000,000.00

05/06/15

2,000,000

NAB

N

AA-

03/09/15

TD

2.93%

2,000,000.00

03/03/15

2,000,000

NAB

N

AA-

03/09/15

TD

3.15%

2,000,000.00

09/06/15

2,000,000

BANKWEST

P

A1+

08/10/15

TD

2.90%

2,000,000.00

07/07/15

1,000,000

BANKWEST

N

A1+

04/11/15

TD

2.90%

1,000,000.00

14/08/15

2,000,000

NAB

N

AA-

12/11/15

TD

2.91%

2,000,000.00

25/05/15

2,000,000

NAB

N

AA-

23/11/15

TD

2.97%

2,000,000.00

03/06/15

2,000,000

PEOPLES CHOICE CREDIT UNION

P

BBB+

03/09/15

TD

2.85%

2,000,000.00

08/04/15

2,000,000

SUNCORP

P

A+

08/09/15

TD

3.00%

2,000,000.00

04/06/15

2,000,000

BANKWEST

N

A1+

02/10/15

TD

2.90%

2,000,000.00

07/07/15

2,000,000

AUSWIDE BANK LTD (Previously Wide Bay)

N

BBB

05/10/15

TD

2.97%

2,000,000.00

29/05/15

2,000,000

BANK OF QUEENSLAND

P

A2

29/09/15

TD

2.80%

2,000,000.00

12/08/15

2,000,000

AMP BANK

P

A

12/11/15

TD

2.75%

2,000,000.00

03/07/15

2,000,000

NAB

N

AA-

02/10/15

TD

2.98%

2,000,000.00

04/08/15

2,000,000

NAB

N

AA-

02/11/15

TD

2.92%

2,000,000.00

16/07/15

1,000,000

NAB

N

AA-

16/10/15

TD

2.95%

1,000,000.00

28/04/15

2,000,000

PEOPLES CHOICE CREDIT UNION

N

BBB+

28/09/15

TD

2.94%

2,000,000.00

06/08/15

2,000,000

NAB

N

AA-

06/11/15

TD

2.92%

2,000,000.00

06/05/15

1,000,000

NAB

N

AA-

07/09/15

TD

2.95%

1,000,000.00

11/08/15

2,000,000

BANKWEST

N

A1+

09/12/15

TD

2.80%

2,000,000.00

11/08/15

1,000,000

NAB

N

AA-

09/11/15

TD

2.91%

1,000,000.00

13/05/15

1,000,000

MACQUARIE BANK

P

A1

08/02/16

TD

3.00%

1,000,000.00

14/05/15

3,000,000

BANKWEST

N

A1+

14/09/15

TD

3.00%

3,000,000.00

27/05/15

2,000,000

NAB

N

AA-

24/09/15

TD

2.94%

2,000,000.00

02/06/15

2,000,000

ME BANK

N

BBB

02/09/15

TD

2.85%

2,000,000.00

03/06/15

2,000,000

ME BANK

N

BBB

03/09/15

TD

2.85%

2,000,000.00

09/06/15

1,000,000

BENDIGO & ADELAIDE BANK

P

A2

07/09/15

TD

2.90%

1,000,000.00

09/06/15

2,000,000

NAB

N

AA-

09/11/15

TD

2.95%

2,000,000.00

03/07/15

3,000,000

ME BANK

N

BBB

04/11/15

TD

2.95%

3,000,000.00

05/08/15

2,000,000

NAB

N

AA-

05/11/15

TD

2.92%

2,000,000.00

14/08/15

2,000,000

ME BANK

N

BBB

14/12/15

TD

2.80%

2,000,000.00

20/08/15

2,000,000

NAB

N

AA-

20/11/15

TD

2.90%

2,000,000.00

28/08/15

3,000,000

NAB

N

AA-

26/11/15

TD

2.87%

3,000,000.00

31/08/15

2,000,000

AMP BANK

N

A

29/02/16

TD

2.90%

2,000,000.00

N/A

2,728,214

CBA BUSINESS ONLINE SAVER

N

A

N/A

CALL

1.80%

2,728,213.91

Total

74,928,214

 

 

 

 

AVG

2.87%

74,955,313.91

 

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.

 

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 August 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 has increased by $3,000.00 since July, demonstrating a cumulative unrealised gain of $27,100.00.

 

Dissection of Council Investment Portfolio as at 31 August 2015

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

70,200,000.00

Term Deposits

70,200,000.00

0.00

2,728,213.91

Business On-Line Saver (At Call)

2,728,213.91

0.00

1,500,000.00

Managed Funds

1,490,850.00

(9,150.00)

500,000.00

Bonds

536,250.00

36,250.00

74,928,213.91

 

74,955,313.91

27,100.00

 

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 July 2015 to 31 August 2015 on a current market value basis. 

 

Movement in Investment Portfolio – 31 July 2015 to 31 August 2015

 

Item

Current Market  Value (at end of month) $

Closing Balance at 31 July 2015

69,947,918.49

Add: New Investments Purchased

22,000,000.00

Add: Call Account Additions

0.00

Add: Interest from Call Account

4,395.42

 

Less: Investments Matured

17,000,000.00

Less: Call Account Redemption

0.00

Add: Fair Value Movement for period

3,000.00

Closing Balance at 31 August 2015

74,955,313.91

 

 


Investments Maturities and Returns – 31 July 2015 to 31 August 2015

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

2,000,000.00

NAB

TD

03/08/15

90

2.85%

14,054.80

2,000,000.00

NAB

TD

04/08/15

154

3.15%

26,580.83

2,000,000.00

NAB

TD

06/08/15

92

2.94%

14,820.83

2,000,000.00

Bankwest

TD

11/08/15

91

2.80%

13,961.64

1,000,000.00

NAB

TD

11/08/15

90

2.94%

7,249.32

2,000,000.00

AMP Bank

TD

12/08/15

182

3.30%

32,909.59

2,000,000.00

NAB

TD

14/08/15

92

2.94%

14,820.82

2,000,000.00

ING Australia

TD

24/08/15

182

3.11%

31,014.79

2,000,000.00

Credit Union Australia

TD

31/08/15

272

3.55%

52,909.59

17,000,000.00

 

 

 

 

 

208,322.21

         

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

 

Dissection of Council Cash Position as at 31 August 2015

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

70,200,000.00

70,200,000.00

0.00

Business On-Line Saver (At Call)

2,728,213.91

2,728,213.91

0.00

Managed Funds

1,500,000.00

1,490,850.00

(9,150.00)

Bonds

500,000.00

536,250.00

36,250.00

Total Investment Portfolio

74,928,213.91

74,955,313.91

27,100.00

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

3,176,661.12

3,176,661.12

          0.00

Total Cash at Bank

3,176,661.12

3,176,661.12

0.00

 

 

 

 

Total Cash Position

78,104,875.03

78,131,975.03

27,100.00

 

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                                          13.8

 

 

Report No. 13.8           Byron Bay Paid Parking Scheme - Proposed Fees and Charges

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

Simon Bennett, Traffic and Transport Planner

File No:                        I2015/897

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

At an Extraordinary Meeting on 13 August 2015, Council adopted proposed changes to the Byron Bay Paid Parking Scheme in terms of fees and charges to progress implementation of the Scheme through resolution 15-378.

 

The purpose of this report is to seek Council approval to advertise the proposed fees and charges following resolution 15-378 to comply with the requirements of Section 610F of the Local Government Act 1993.

 

The report also recommends a process for Council to manage the transition of existing coupon holders the new exemption scheme.

 

  

 

RECOMMENDATION:

1.       That Council advertise the fees and charges applicable to the Byron Bay Paid Parking Scheme as resolved by Council in Resolution 15-378 for a period of twenty eight days allowing for public submissions.

 

2.       That should there be no public submissions received by the close of the public exhibition period then Council adopt the proposed fees and charges for the Byron Bay Paid Parking Scheme as indicated in resolution 15-378 and implement those fees and charges upon commencement of the Byron Bay Parking Scheme, except for the implementation of the Shire Resident or Ratepayer exemption fee and non Shire resident worker/volunteer exemption fee.

 

3.       That in regard to the introduction of, implementation and transition to the new pay parking scheme exemptions Council endorse that:

 

a)   the sale of the existing off-street parking coupons (as currently charged at $15 for 6 months, $25 for 12 months) cease after Friday 30 October 2015;  

 

b)   the new $50 per annum and $100 per annum exemptions as endorsed by Resolution 15-378 be offered as soon as possible, and no later than Monday 2 November 2015, in preparation for the new paid parking scheme;

 

c)   any purchase of the new annual exemption prior to pay parking commencing on-street be effective immediately upon purchase and apply where Council paid parking exists and that its expiry be 12-months after on-street pay parking commences;       

 

d)   all residents with active and valid coupons at the time of writing be advised of the above plus details of Council’s new Byron Bay pay parking scheme and that:

 

i)          the coupon benefit as held, and which exempts them from paying the meter at Council’s off-street car parks only, will be honoured, no more to pay, through to the date of expiry as stated upon their coupon;

 

ii)         the upgrade charges as detailed at Table 1 in this report (#I2015/897) apply prior to the coupon expiring and upon payment provide access to the full pay parking exemption to which they are entitled;

 

iii)        if so desired, the full exemption cost can also be paid at time of and in addition to the upgrade purchase price;

 

iv)        upon activation of the new ‘pay by plate’ meters in Council off-street car parks coupon holders will be required to enter their licence details at the meter to access the coupon entitlement;

 

v)         to assist in this new requirement, and unless Council is notified to the contrary by the coupon holder prior to their activation, all new ‘pay by plate’ meters to be installed in Council off-street car parks will upon activation contain and recognise the licence plate details only as stated on a valid coupon;

 

vi)        despite part (iv) above, the physical coupon if valid and displayed correctly will be honoured through to its expiry subject to the conditions it contains.

 

 

 

 


 

Report

 

At its Extraordinary Meeting on 13 August 2015 Council resolved as follows in relation to paid parking.

 

15-378     Resolved:

 

1.     That Council confirm its intention to introduce a system of paid parking to the Byron Town Centre during the 2015/16 financial year as outlined in resolution 15-235 and that this system is based upon a pay by number plate approach.

 

2.   That Council set a yearly Shire Resident or Ratepayer exemption fee of $50 per annum for fee paying coupon recipients, a non Shire resident worker/volunteer exemption fee of $100 per annum and receive a report on establishing the costs, benefits and other criteria of pay parking exemptions including that:

 

a)   for an annual fee an exemption is provided for two categories of end user, one being a shire resident/ratepayer and the second being for a business operator, or an employee of one, located within the pay parking area and appropriate form of proof of residence/employment status requirements.  

b)     the exemption benefit is for 12-months from date of purchase, can be transferred to another vehicle if needed and not based on date or jurisdiction of registration;

c)     investigate implications of payment options for both residents and non Shire workers/volunteers, including an annual fee as a single fixed amount, or providing an option of periodic payments; 

d)     no refunds be provided for or towards cost of exemptions except that those wishing to upgrade their fully paid exemption be provided credit of their unused amount, calculated at a daily pro-rate rate, toward such upgrade;

e)     considering businesses with multiple vehicles.

 

3.   That Butler Street Reserve:

 

a)     Be made available as an all day car park, operating 6am to 6pm daily with an hourly rate of $3.00 per hour, up to a maximum of $20 all day, with the Shire Resident or Ratepayer and non Shire resident worker/volunteer exemption applying 

b)     Be considered for continued use as a markets site.

 

4.   That, to provide incentive to park outside the town centre, Clarkes Beach carpark, Jonson Street (south of Kingsley Street) and on-street, east of Middleton, operate as all day carparks with an hourly rate of $3.00 per hour, up to a maximum of $20 all day, with the Shire Resident or Ratepayer and non Shire worker/volunteer exemption applying, and operating hours of 9am to 6pm.

 

5.   That 4P areas have an hourly rate of $3.00 per hour with a maximum of $10 and 1P and 2P areas have an hourly rate at $3.00.

 

6.    That after 6 months an evaluation report be brought to Council including impacts on residents and businesses including Butler Street Markets.

 

The purpose of this report is to seek Council approval to advertise the proposed fees and charges following resolution 15-378 to comply with the requirements of Section 610F of the Local Government Act 1993. Section 610F of the Local Government Act 1993 requires Council to publicly advertise for a period of twenty eight days any amended or proposed fees or charges and invite submissions from the public.

 

Before Council adopts any amended or proposed fees or charges it should consider any submissions received from the public.  If Council receives submissions from the public then a further report will be provided to Council following the close of the public exhibition period to allow Council to consider any public submissions received.

 

The next section of the report has been prepared to recommend a process to Council, to manage the transition of existing coupon holders, to the new exemption scheme.

 

Transition of coupon holders to the new Pay Parking Exemption system

 

Council currently operate a coupon parking scheme in Council off-street car parks. Those who are eligible and have paid either $15pa or $25pa receive (respectively) 6 or 12 months exemption from paying the meter but must adhere to the posted time limits. The new pay parking scheme will supersede this system and offer the same across all on and off-street metered areas at either $50pa for shire residents/ratepayers or $100pa for those with a business located, or those employed or volunteer, within the pay parking area which will cover both on and off street locations.

 

The coupon system contains about 6,500 individual records, while around 5,000 are currently valid and active. Each record contains the detail of a Byron shire resident in regard to name, address, licence plate, with each already proving their eligibility for the new pay parking exemptions that Council will offer.

 

Therefore to increase convenience for them, and reduce the administrative burden of manual data entry or the need for this ‘cohort’ to register for the new exemptions, it is recommended that their licence plate details only, as held by Council, be automatically pre-loaded into the new pay parking management system prior to pay parking commencing.

 

Then via mail out, to also be undertaken prior to pay parking commencing, two choices will be offered to the existing coupon holders, either:

 

1)   “do nothing, pay no more”, and therefore retain the coupon benefit only, i.e. their coupon exemption will be honoured however limited to the meters within Council’s off-street parking at the sites as per their current coupon and expire as per their coupon; or  

 

2)   “upgrade”, via either an online or front counter activation process, whereby they pay the ‘balance owing’ (i.e. the cost of upgrade as per Table 1) upon which they access the full exemption and it will be valid through to the end of the month their current coupon expires.

 

Table 1: coupon to exemption upgrade costs - based on month coupon and upgrade is purchased


na = no upgrade available by that time and full purchase of new exemption required

 

Coupon

Cost of Upgrade to $50 pa exemption - if upgrade purchased in month shown

Month

Purchased

Amt

Paid

Nov

2015

Dec

2015

Jan

2016

Feb

2016

Mar

2016

Apr

2016

May

2016

Jun

2016

Jul

2016

Aug

2016

Sept

2016

Oct

2016

Dec 2014

$25

$4.20

$2.10

na

na

na

na

na

na

na

na

na

na

Jan 2015

$25

$6.30

$4.20

$2.10

na

na

na

na

na

na

na

na

na

Feb 2015

$25

$8.30

$6.30

$4.20

$2.10

na

na

na

na

na

na

na

na

Mar 2015

$25

$10.40

$8.30

$6.30

$4.20

$2.10

na

na

na

na

na

na

na

April

2015

$25

$12.50

$10.40

$8.30

$6.30

$4.20

$2.10

na

na

na

na

na

na

$15

na

na

na

na

na

na

na

na

na

na

na

na

May

2015

$25

$14.60

$12.50

$10.40

$8.30

$6.30

$4.20

$2.10

na

na

na

na

na

$15

$25.00

na

na

na

na

na

na

na

na

na

na

na

June

2015

$25

$16.70

$14.60

$12.50

$10.40

$8.30

$6.30

$4.20

$2.10

na

na

na

na

$15

$27.50

$25.00

na

na

na

na

na

na

na

na

na

na

July

2015

$25

$18.80

$16.70

$14.60

$12.50

$10.40

$8.30

$6.30

$4.20

$2.10

na

na

na

$15

$30.00

$27.50

$25.00

na

na

na

na

na

na

na

na

na

August

2015

$25

$20.80

$18.80

$16.70

$14.60

$12.50

$10.40

$8.30

$6.30

$4.20

$2.10

na

na

$15

$32.50

$30.00

$27.50

$25.00

na

na

na

na

na

na

na

na

Sept.

2015

$25

$22.90

$20.80

$18.80

$16.70

$14.60

$12.50

$10.40

$8.30

$6.30

$4.20

$2.10

na

$15

$32.50

$30.00

$27.50

$25.00

$22.50

na

na

na

na

na

na

na

October

2015

$25

$25.00

$22.90

$20.80

$18.80

$16.70

$14.60

$12.50

$10.40

$8.30

$6.30

$4.20

$2.10

$15

$35.00

$32.50

$30.00

$27.50

$25.00

$22.50

na

na

na

na

na

na

 

As the above table shows the amount to ‘upgrade’ will be dependent upon the month the coupon had been purchased and the amount paid at that time, either $15 or $25. The above table is also based on the following, as also recommended:

 

That the new $50 and $100 exemptions be offered as soon as possible in preparation for the new scheme and that the current $15/$25pa coupon not be sold after Friday 30 October 2015, after which the new pay parking exemptions and rates only are available, apply and take effect.

 

By adopting the above ‘upgrade table’ it is also recommended the purchase can be the upgrade cost plus the full exemption cost should the coupon holder so desire. This is conceivable for those wishing to make a single payment, as opposed to paying a small upgrade amount (such as for those coupons purchased Dec 2014 – Feb 2015 for example) and then the full exemption amount only some one or three months later. Providing such flexibility is possible by making the new exemption rate available as soon as practicable, and it will offer several benefits.

 

First it will provide opportunity to phase people into the new system, such as the existing coupon holders, and secondly provide those wishing to be prepared for its commencement the opportunity to “pre-purchase”, either by paying the full amount or for existing coupon holders the ‘upgrade’ price as per Table 1. 

 

Thirdly, for those that do pre-purchase their exemption, they will gain more than 12-months of benefits as it is recommended the pre-purchased exemptions only expire 12-months after pay parking commences. For example, if the new $50 per annum exemption is pre-purchased on 1 November 2015 but the new parking scheme does not commence until 1 December the purchaser has in effect paid for 12-months but will receive 13-months as the pre-purchased exemption will apply to off-street metered parking immediately (i.e. the first month) and then extend to all off-street and on-street once it commences (i.e. the 12-month exemption commences day one the new meters are activated).

 

A fourth advantage of this pre-purchase is that it will align many exemption holders (other than existing coupon holders who chose to upgrade) with the same annual date and renewal, i.e. the anniversary day the new pay parking scheme commenced.

 

In adopting the above described approach, it is believed it will assist the streamlining and automating the transition from paper coupons to the new electronic (license based) exemptions and most importantly ensure Council uphold the existing arrangement and agreement of the purchased $15/$25 coupons through to their expiry (for off-street) and extended expiry (if upgraded selected), meaning no need to consider or provide refunds to coupon holders.

 

Also simplifying the coupon transition even further, and ensuring Council do honour any existing coupon through to their expiry, is the also recommended approach that the first choice as described above is established as the default position if the coupon holder does indeed opt to “do nothing, pay no more”; i.e. all existing coupons that are active and valid at the time the new meter scheme commences will automatically retain their existing off-street benefits and coupon holders (unless if and when they pay for the upgrade) continue as normal (i.e. park in off-street car parks) until their coupon expires, which based on a 30 October 2015 cut-off will mean the coupon system will be completely replaced by 30 October 2016 at the latest. 

 

Financial Implications

 

There are no financial implications associated with this report as the report is following the legislative steps required to adopt proposed fees and charges allowing for a public exhibition period of twenty eight days.  It is expected the advertising cost of the proposed fees and charges will be met from existing budgets.

 

Statutory and Policy Compliance Implications

 

Section 610F of the Local Government Act 1993 stipulates the requirements of Council in regard to the adoption of new or amended fees and charges as follows:

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 - Sustainable Environment and Economy                                   13.9

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.9           PLANNING - Report on rehabilitation works 10.2014.331.1 Community title subdivision at Broken Head Road, Broken Head

Directorate:                 Sustainable Environment and Economy

Report Author:           Wayne Bertram, Manager Sustainable Development

Sandra Pimm, Ecological Planner  

File No:                        I2015/643

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

Broken Head Quarry extension was approved by way of a Commission of Inquiry in 1998 under Development Consent 5.1997.465.1. In response to a loss of some 12.1 hectares of native vegetation, the development consent for the expansion and continuation of the quarry required rehabilitation to be undertaken over most of the site.

 

On 11 December 2014, Council resolved (14-629) that Council receive a report on rehabilitation works as required within the original consent conditions.  

 

This report demonstrates that the quarry development consent required rehabilitation over the entire quarried area and that this rehabilitation was to be undertaken in sequence once extraction for particular areas was either temporarily or permanently completed. Further, the disturbed quarry areas were to be rehabilitated by establishing the final land form, deep ripping of contours, spreading topsoil from stockpiles, scarifying the surface, spreading brush, litter and logs over areas and sowing the area with native seed and supplementary plantings.

 

Two monitoring reports have been received by Council since the quarry development consent was issued. Both reports illustrated small areas of the site stated as being under temporary or permanent rehabilitation. No further reports have been received by Council since 2007.

 

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 Council note the report on rehabilitation works as required within the original consent conditions.

 

 

 

 

 

 

 


 

Report

 

Council, at its Ordinary Meeting of the 11 December 2014, resolved (14-629):  

 

That Council receive a report on rehabilitation works as required within the original consent conditions.

 

This report has been prepared to provide this information.

 

Background

 

Broken Head Quarry was approved by way of a Commission of Inquiry in 1998 under Development Consent 5.1997.465.1. The whole site has an area of 52.32 ha, being 24.61 ha on the eastern side of Broken Head Road and 27.71 ha on the western side of Broken Head. Approximately 22 hectares has been developed and disturbed from existing and past quarrying activities, whilst the remainder of the site comprises vegetation (Attachment 1). 

 

In response to a loss of some 10.8 hectares of native vegetation, the development consent for the expansion and continuation of the quarry required rehabilitation to be undertaken. Rehabilitation was required to be undertaken in sections (following the sequence of extraction), once quarrying activity in each section was completed. Rehabilitation involved earthworks to achieve an amenable landform and restoration of native vegetation. Methods (including the flora species to be used) for both ‘temporary’ and ‘final’ rehabilitation methods are detailed within the application and made valid through consent conditions.

 

The sand and gravel stocks within the approved quarry area are now nearly exhausted. Seeking an alternative use for the site, in 2014 the quarry owners sought development consent for a Community Title development comprising 41 residential lots, as well as common property and service areas.

 

Council resolved in November 2014 (14-645) to refuse the development application for reasons including permissibility under current and proposed land use zones and the ‘sterilisation’ of areas understood as required to be restored and protected.

 

Development Consent Rehabilitation requirements

 

To define the areas required to be restored, the quarry development consent requires the development to be carried out in accordance with the ‘Environmental Impact Statement’ and ‘Species Impact Statement’ submitted with the development application. The consent also required:

 

-     the development of a ‘Flora and Fauna Management Plan’ to “address..measures / strategies to …re-vegetate/rehabilitate cleared areas”; and

-     provision of a $50,000 bond in favour of Council “being the sum necessary to ensure due completion of the rehabilitation and landscaping works as described in the EIS and/or to the satisfaction of Council” and

-     annual or biennial monitoring to be submitted as an Environmental Management Report “which…includes a review of the performance of…the progressive rehabilitation of the eastern and western quarry sites”.

 

Environmental Impact Statement (EIS)

 

The EIS makes reference to the disturbed quarry areas to be rehabilitated by establishing the final land form, deep ripping of contours, spreading topsoil from stockpiles, scarifying the surface, spreading brush, litter and logs over areas and sowing the area with seed and supplementary plantings (Section 2.13.5 Final rehabilitation). The EIS states (Section 4.5.5) “in the long term, the cumulative effect of the quarry in conjunction with other developments would be compensated for by the enhancement of existing habitat and rehabilitation of currently disturbed areas within the Project Site”.

 

Further, it stated that “the company’s long term objective is to leave all land which has been disturbed by quarrying and related activities as a safe, stable, vegetated and well drained landform” and “based on the projected growth rate in produce sales, rehabilitation of the majority of the quarry area east of Broken Head Road would be completed in about Year 18 of quarry life, and of all areas of disturbance west of Broken Head road, within 2 to 3 years following the completion of extraction in that area, i.e. about Year 30.” Using 1998 (the date of development approval) as the starting year, 2015 would represent Year 17 since commencement.

 

The EIS includes Figure 2.6 Final Landform (Figure 1 below) indicating that earthworks (to achieve a reasonable level landform with sloped batters) were to occur over the entire quarried area of the site. Figure 2.6 also illustrates the “area of rehabilitation” as covering the entire quarried areas apart from “wetlands” marked with text indicating “former …settling pond” or “former silt trap”. It is considered that Figure 2.6 of the EIS represents the extent of rehabilitation envisaged by the quarry extension development consent. The rehabilitation of the “wetland” areas was also envisaged and detailed within the SIS, as was the bund wall treatments.

 

Figure 1: Area of rehabilitation as illustrated in the EIS.

 

Therefore, the EIS required rehabilitation of all disturbed and quarried areas of the project site.

 

Species Impact Statement (SIS)

 

The SIS stated that final rehabilitation would be directed to the re-establishment of three main vegetation communities which occur naturally on the project site. East of Broken Head Road, most areas would be rehabilitated to a Blackbutt Open-forest, with Scribbly Gum Woodland (Heathland) proposed for the northern half of Area C (note that Area C is in north-eastern corner of the eastern quarry) and that “some Brush Box may also be established in appropriate areas.”

 

West of Broken Head Road, “final rehabilitation would comprise a mixture of Blackbutt Open-forest and Regenerating rainforest, the later being appropriate wherever the final landform conditions are suitable in terms of shelter and moisture availability. A fourth vegetation type, namely a Wetland Community, would be developed in association with the Eastern and Western Settling Ponds, the final silt traps and the Process Water Pond”. Specific rehabilitation and monitoring procedures were described within the SIS for each of these areas.

 

Therefore, the SIS aligns with the EIS and provides further rehabilitation details in terms of methodology.

 

Flora and Fauna Management Plan

 

The Flora and Fauna Management Plan, as required by the quarry development consent, was divided into two plans – one for the eastern side and one for the western side. The documents provide little additional detail for the rehabilitation with regard to species and methodology, largely repeating the SIS provisions. The plans do provide more specific timeframes for rehabilitation however, with final rehabilitation within the western quarry sector expected to commence approximately 2015, “rehabilitation of the quarry area east of Broken Head Road will be completed in Year 18 of quarry life” (i.e. 2016), “and of all areas of disturbance within one year following the completion of extraction in that area, i.e. Year 28” (Year 28 equates to 2026).

 

Monitoring Reports

 

Two monitoring reports are listed on Council’s record system. The first was dated May 2000 and did not indicate an author. It described some temporary rehabilitation that had been undertaken and was being monitored. These areas were referred to as “trial plots” only (two small plots in the west and the wall of the eastern settling pond). No maps were provided, despite a mention that Department of Urban Affairs and Planning (DUAP) as the then approval authority had requested additional maps to be inserted within the Flora and Fauna Management Plans. A second report by Blackwood Ecological Services dated April 2007 discusses natural regeneration in an area south of the haul road in the western quarry sector and north of the holding pond in the north-east corner of the eastern quarry sector, along with areas along the bund wall in this sector. Whilst some planting had been undertaken, much had failed and natural regeneration predominated for all these areas.  No further reports have been received by Council since 2007 and the aim of progressive rehabilitation of the quarried areas has not been met.

 

Conclusion

 

The development consent for the Broken Head Quarry extension required rehabilitation to be undertaken in accordance with the documents listed above. Examination of relevant documents indicates that rehabilitation including establishing the final land form, deep ripping of contours, spreading topsoil from stockpiles, scarifying the surface, spreading brush, litter and logs over areas and sowing the area with seed and supplementary plantings to establish Blackbutt Open-forest, Scribbly Gum Woodland (Heathland), Moist Forest/Rainforest / Brushbox and Wetland vegetation communities, was intended to be undertaken over the entire cleared and quarried areas of both the eastern and western quarry sectors.

 

Financial Implications

Nil.

 

Statutory and Policy Compliance Implications

Nil.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.10

 

 

Report No. 13.10         PLANNING - West Byron Development Control Plan

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Senior Planner

File No:                        I2015/851

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

With the amendments to Byron LEP 1988 for the West Byron Urban Release Area, a Development Control Plan (DCP) is required as per Clause 101. The DCP is required to address a range of planning matters including staging of development, an overall transport hierarchy, an overall landscaping strategy, a network of active and passive open space, stormwater and water quality controls, measures to address hazards, urban design controls for significant sites and provisions for higher density living.

 

The Department of Planning and Environment (DPE) previously prepared a draft DCP for the West Byron Site which was exhibited on two occasions in 2011 and in 2013/14. Delegation has since been returned to Council to complete the DCP.  The document has been reviewed and largely re-written to ensure consistency with the Environmental Planning and Assessment Act 1979, Clause 101 of Byron LEP 1988 and to remove any repetition of provisions in other chapters of Byron DCP 2014.

 

Since March of this year, staff have provided updates and briefings to Councillors on the DCP; held a workshop with Councillors and the landowners on the 28 May 2015; and a further workshop on 2 July 2015 with community members with a range of expertise in the areas of planning, building, ecological and engineering, Councillors and the land owners planning consultant.   

 

It is recommended that the DCP be exhibited for a period of 6 weeks to enable formal consultation with the public.  As part of the exhibition, in addition to the draft DCP being publicly available at Council and the Community Access Points, Council staff will attend the Byron Bay Farmers Markets and have an afternoon drop in session in Byron Bay to explain the DCP, answer questions and provide advice for local residents.  At the completion of the exhibition period, submissions will be reviewed and reported back to Council with any amendments to the DCP that may be required, prior to the DCP being formally adopted. This is likely to occur in early 2016.       

 

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 Council publicly exhibit for a minimum period of 6 weeks:

 

a)      the draft Byron Shire Development Control Plan 2014 – Chapter E8 West Byron Urban Release Area;

b)      the draft amendments to Part A of Byron Shire DCP 2014 Section A5 ‘Where this DCP Applies’ and Appendix A1 Dictionary and any other changes to Part A to reference the West Byron Bay Site. 

 

Attachments:

 

1        Draft Byron DCP 2014 - Chapter E8 West Byron Urban Release Area, E2015/14159  

2        Draft amendments to Part A - Preliminary of Byron Shire DCP 2014, E2015/54974  

3        West Byron DCP Workshop notes 2 July 2015, E2015/42679  

4        Form of Special Disclosure of Pecuniary Interest, E2012/2815  

 

 

 


 

Report

 

The Department of Planning and Environment (DPE) prepared a draft Development Control Plan (DCP) for West Byron, which was exhibited with the rezoning proposals as part of the Part 3A Major Project Application on two occasions (12/10/11 to 14/12/11 and 28/11/13 to 31/1/14). Council made submission to the DCP on both occasions raising concerns about flooding, zoning, residential density, traffic and the environment. The draft DCP however was not made when the Major Project Application was approved and the Byron Local Environmental Plan 1988 was amended on 7 November 2014.

 

Council formally requested on 2 December 2014 that the Department return the DCP to Council to be completed, which the Department agreed to on the 27 February 2015. The Department has delegated all power and authority to Council to prepare and complete the DCP to guide future development within the West Byron Urban Release area. The DCP cannot alter zonings, lots sizes or building heights as these controls are prescribed under Byron LEP 1988. 

 

The draft DCP (Attachment 1) will provide guidance to development in the West Byron Urban Release Area and it addresses the various matters to be considered under Clause 101 of Byron LEP 1988. These are:

 

a)      a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing

 

b)      an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists

 

c)      an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain

 

d)      a network of active and passive recreation areas

 

e)      stormwater and water quality management controls

 

f)       amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected

 

g)      detailed urban design controls for significant development sites

 

h)      measures to encourage higher density living around transport, open space and service nodes

 

i)        measures to accommodate and control appropriate neighbourhood commercial and retail uses

 

j)        suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

 

The draft DCP also addresses other matters such as traffic noise attenuation along Ewingsdale Road and Aboriginal Cultural Heritage. It includes links back to other planning controls for Byron Shire under Byron DCP 2014 to avoid unnecessary repetition and to ensure consistency with Section 74C of the EPA Act 1979.

 

The draft DCP includes provisions on rainwater tanks for housing to manage stormwater, provisions for an area of roof to be available for solar collectors, car reduction strategies, energy efficient street lighting, dual water reticulation for the commercial and industrial zones, koala protection measures and a revegetation/rehabilitation plan for the E Zones and to strengthen key habitat corridors. The stormwater strategy is based on the principles of Water Sensitive Urban Design with swales to be incorporated into the street network, and any street vegetation such as trees and planted areas to be passively watered from run-off. 

 

Residential controls have been drafted reflecting the small lot housing that is permitted under Byron LEP 1988. In particular site coverage controls at the ground and first floor level have been proposed to ensure housing is commensurate in size to the parcel of land it sits on and adequate private open space and landscape area is provided for residents. Being a greenfield site opportunities exist for Mews Style Housing in the R3 Medium Density Zone and the controls also provide for dual key living to facilitate a diverse range of housing. Further, as an alternative to standard housing on individual lots, co-operative housing has been investigated and controls are proposed to facilitate this form of housing. Such housing will enable resources to be shared between residents living within an intentional housing community and to provide for a more affordable form of living. The draft DCP also includes provisions to give guidance to the limited range of tourist and visitor accommodation uses that are permitted in the West Byron Urban Release Area. The draft provisions reinforce that holiday letting of dwelling houses and dwellings is prohibited under the LEP. 

 

The inclusion of this draft DCP as a Chapter within the broader Byron DCP 2014 will require a minor amendment to Part A – Preliminary provisions Section A5 - Where this DCP Applies to reference the West Byron Site. The draft amendment (Attachment 2) also seeks to add in three new definitions for Dual Key Housing, Integrated Housing and Small Lots to facilitate and guide residential development permissible under the Byron LEP 1988 provisions for West Byron.

 

Workshops

 

A workshop was held with landowners, Councillors and staff on the 28 May 2015 as a Question and Answer session with the landowners project manager presenting to Councillors. A further workshop was held on the 2 July 2014 in accordance with Council Resolution 15-233. The workshop was attended by a range of local people with planning, building, engineering and ecological expertise plus councillors and a planning consultant representing the land owners.  A variety of issues and solutions were raised which have assisted with the drafting of the DCP. A copy of the workshop notes are attached for information purposes (Attachment 3).  

 

Exhibition Activities

 

The draft DCP will be placed on public exhibition for a period of 6 weeks. The document will be available at Council and the normal Community Access Points throughout the Shire. In addition to this it is proposed that staff attend the Byron Bay Farmers Market on two occasions and also hold an afternoon drop in session in Byron Bay to answer questions, provide advice and to explain the planning controls applying to the West Byron Urban Release Area. 

 

The exhibition period will occur during October and November 2015 with a review of submissions likely to result in the DCP being finalised in early 2016. 

 

Conclusion

 

It is recommended that Council resolve to exhibit the draft DCP. A significant body of work has been completed in compiling the DCP to date and the exhibition of the DCP will allow the broader community to formally review the document and provide comment and submissions to Council for further consideration.

 

Financial Implications

 

All costs associated with the exhibition of the DCP will be borne by Council.   

 

Statutory and Policy Compliance Implications

 

The DCP is required to be exhibited for a minimum period of 28 days pursuant to Clause 18 of the Environmental Planning and Assessment Regulations 2000. It is proposed to exhibit the DCP for 6 weeks having regards to the public interest in the West Byron Urban Release Area.  Following exhibition, Council will need to consider any submissions it may receive and it is intended the DCP will be reported back to Council in 2016 for it to be made pursuant to Clause 21 of the EPA Regulations 2000. 

 

It is also noted that, despite Clause 101 of Byron LEP 1988, the applicant can lodge a staged development application to take the place of a DCP under Section 83C of the Environmental Planning and Assessment Act 1979.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Report No. 13.11         PLANNING - 10.2015.196.1 - Alterations to dwelling and a new residential flat building eight serviced apartments and a managers residence at 40 Mullumbimbi Street Brunswick Heads

Directorate:                 Sustainable Environment and Economy

Report Author:           Ian McIntosh, Assessment Officer

File No:                        I2015/812

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

 

Development Application 10.2015.196.1 seeks consent to undertake alteration and additions to the existing heritage building, known as “Barnes House” which is currently divided into three residential flats, and change of use for tourist accommodation in the form of serviced apartments. Additionally a separate three storey building at the rear of the site is proposed building which will contain an additional four serviced apartments, a swimming pool, open deck areas and car parking for eleven cars.

 

Applicant:

Frank Stewart Architect

Owner:

Ms M J Rosee

Zoning:

Zone No. B2 Local Centre

Date received:

10 April 2015

Integrated Development:

No

Public notification or exhibition:

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

-    Exhibition period: 22/4/15 to 5/5/15

-    Submissions: For    = 1  Against = 9

 

Other approvals (S68/138):

(60) Water & Sewer (51) Roads Act

Planning Review Committee:

Yes

Delegation to determination:

 

Issues:

·    Heritage

·    Public Interest

 

Summary:

 

The proposal seeks consent to undertake alteration and additions to the existing heritage building, known as “Barnes House” which is currently divided into three residential flats and change of use to tourist accommodation in the form of serviced apartments. The proposed works are mostly to the internal floor layout and to raise the building, by approximately 0.9m to allow the proposed downstairs living areas to comply with Building Code of Australia specifications.

 

The external works proposed are similar to those approved via DA 10.2008.719.1, however this application proposes to change the internal layout of the three existing flats so that the building will contain four serviced apartments and a Manager’s Unit. The Manager’s Unit will be at ground level along with Unit 4 which will provide adaptable housing.

 

Also proposed is a separate three storey building at the rear of the site, this differs from 10.2008.719.1 which granted consent to a detached double storey Manager’s Residence in the same location.  The proposed building will contain an additional four serviced apartments, a swimming pool and open deck area and underfloor & external car parking for eleven cars.

 

The proposal is consistent with Council’s planning controls and generally with the guidelines for Brunswick Heads, whilst providing a means for the embellishment and protection of the existing heritage building, “Barnes House” on the site.  The proposal will generally maintain the visual appearance of the existing building whilst its use as a place to provide low key tourist accommodation is consistent with the village character of Brunswick Heads as a seaside destination for tourists and residents.

 

The additional freestanding building is at the rear of ‘Barnes House’ and will not detract from its visual appearance.

 

The proposal is consistent with the relevant state planning instruments and with BLEP2014. The proposal is generally consistent with BDCP2014 except for a variation to a portion of the side boundary fence that is 2.4 metres high to act as a privacy screen between the swimming pool and deck area and the adjoining neighbour. The variation is supported by this report. The proposed variation to the front fence height and the change from a picket type fence to masonry and timber front fence with gatehouse is considered to detract from the heritage character and is not supported; subsequently the plans are to be marked in red to delete this part of the proposal. 

 

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 10.2015.196.1 for alterations to a dwelling and a new residential flat building to be eight serviced apartments and manager’s residence, be granted consent subject to the conditions listed in Attachment 2 #E2015/49495.

 

Attachments:

 

1        Proposed Plans 10.2015.196.1 - 40 Mullumbimbi Street Brunswick Heads, E2015/50662  

2        Draft conditions 10.2015.196.1 - 40 Mullumbimbi Street Brunswick Heads, E2015/49495  

3        Letter from Frank Stewart, Architect - 10.2015.196.1 - Additional Information, S2015/9642  

4        Statement of Heritage Impact 10.2015.196.1 40 Mullumbimbi Street Brunswick Heads, E2015/50756  

5        Confidential - submissions 10.2015.196.1 40 Mullumbimbi Street Brunswick Heads, E2015/50875  

 

 


 

 

Report

 

Assessment:

 

1.       INTRODUCTION

 

1.1     History/Background

 

BA 63/69 to convert the existing dwelling into three flats

 

10.2000.180.1      Tree Removal Approved 18/04/2000

 

10.2008.719.1     Change of use - residential flats to a tourist facility and construction of a new 2 storey caretakers residence - Approved 05/05/2009

 

10.2012.96.1       Tree Removal – 3 trees - Approved 17/04/2012

 

1.2     Description of the site

 

The subject property is zoned B2 – Local Centre pursuant to Byron LEP 2014 and has an area of 1179 m2. The property is within close walking distance to shops, restaurants, bars, amenities and the beach.

 

The property contains a two storey weatherboard building which has been divided into residential flats.  It is believed the building known as the Barnes House was constructed prior to the start of the 20th Century with timber sourced from various landholdings held by pastoralist Henry Barnes in the Casino region. “Verbal records” indicate that the area under the building may have been used as an interim school room on the closure of the school in 1896 and the reopening of a new school in 1898 in Brunswick Heads. The property is identified under the BLEP 2014 as a Heritage Item (Schedule 5).

 

Consent was granted in 1969 under BA 63/69 to convert the dwelling into three flats.

 

The front setback contains vegetation including a stately Poinciana tree that is considered to be a component of the heritage streetscape character.

 

The land is generally level with the yard landscaped with lawn and garden trees and shrubs. An old garage has been constructed at the rear of the property which is accessible from Lane No. 3. The land is elevated with a level in excess of 4.25 m AHD.

 

1.3     Description of the proposed development

 

The proposal seeks consent to undertake alteration and additions to the existing heritage building (‘Pearl’), mostly to the internal floor layout and to raise the building, by approximately 0.9m to allow the downstairs living areas to comply with Building Code of Australia specifications.

 

The external works proposed are almost identical to those approved via DA 10.2008.719.1, however this application proposes to change the internal layout of the three existing flats so that the building will contain four serviced apartments (Units 1, 2, 3 & 4), and a Manager’s unit. The Manager’s unit will be at ground level along with Unit 4 which will provide adaptable housing. One car parking space is provided for the Manager and this can also be used as a disabled access space should it be required.

 

Proposed external works to ‘Barnes House’ almost identical to previous approval.

 

Existing approval for raising and alterations to ‘Barnes House’

 

Also proposed is a separate three storey building (‘Oyster’), at the rear of the site which, under consent 10.2008.719.1, contained a separate double storey Manager’s Residence.

 

The proposed building will contain an additional four serviced apartments, a swimming pool and open deck area and underfloor & external car parking for eleven cars. The existing garage/ shed located on the rear boundary with Mullumbimbi Lane is to be demolished as previously consented to in 10.2008.719.1.

 

The proposed new building comprises:

 

Ground floor

 

·    car parking for 9 guests and 2 visitors (including 1 x disabled access and 1 x multi use).

·    1.8 metre high rear fence of timber panels between masonry piers with 1.15 metre high rear gates between car parking area and Mullumbimbi Lane

·    Deck with disabled access and swimming pool with landscape gardens and masonry and planted privacy screens to neighbours private open spaces.

 

First Floor

 

·    Units 5, 6 & 7 each containing one bedroom with ensuite bathroom, and a kitchen area within a living area with north facing balcony,

 

First floor

 

·    Unit 8 two bedrooms with ensuite bathrooms, a sitting room separated from the living room by a kitchen and western and northern balconies.

 

The proposal is consistent with Council’s planning controls for the zone and guidelines for Brunswick Heads, whilst providing a means for the embellishment and protection of the existing heritage building known as “Barnes House” on the site.  The proposal will generally maintain the visual appearance of the existing building whilst its use as a place to provide tourist accommodation is consistent with the village character of Brunswick Heads as a seaside destination for tourists.

Proposed seven serviced apartment development

 

Proposed seven serviced apartment development

 

 

2.       SUMMARY OF GOVERNMENT/EXTERNAL REFERRALS

 

 

Summary of Issues

Development Engineer

Supported conditionally (see detailed comments below)

Environmental Health Officer

Not required

Water & Waste Services

Supported conditionally

Systems Engineer

ETs apply supported conditionally

 

Car Parking      Satisfactory (07/7/15)                 Unsatisfactory(20/5/15)                

20/5/2015.   

The Application is for 9 Serviced Apartments, (2 x 2B/R, 7 x 1 B/R) plus 1 Manager’s Residence. (a total of 12 bedrooms).

Council’s DCP 2014, Chapter B4, states that ‘Serviced Apartments’ is to refer to ‘Medium Density Housing’ for on site car parking rates. Such a development requires 10 car spaces plus 3 visitor spaces. The DCP also states that, for this type of development, stacked parking is not appropriate.

The application proposes only 10 car spaces in total, 2 of which are stacked. There are no visitor spaces being provided, claiming that it is a tourist development and does not comprise permanent dwellings and thus requests a relaxation of the provision of visitor car parking.

The parking rate required is 1 space per 1 or 2B/R units plus 1 space per 4 units for visitors. The current proposal requires 13 car spaces and only 10 are proposed. No stacked car parking is allowed, but this proposal requires 2 stacked spaces.

The car parking distribution and layout, as presented, does NOT comply with the current DCP 2014.

NOTE:

An alternative layout of the development could provide the site with the car parking required per the DCP. A development comprising 1 Manager’s Unit, 4 x 2 B/R units, and, 3 x 1 B/R units would require 8 car spaces plus 2 visitor spaces. This equates to 10 car spaces, no requirement for stacked car parking and retains the capacity of 12 bedrooms.

 

07/7/2015.

Subsequent to meeting with the Applicant on 15/6/15, the following parking arrangements are agreed to.

The number of units was reduced by one.

The car spaces in the front yard could either be used by the Manager or for Disabled.

As the Manager is on site at all times, especially to book people in, the disabled space was decided to be placed in the rear adjacent to the disabled unit. The space is larger than a standard one and also has shared use bay adjacent which could also be used as one of the 3 visitor spaces. It was also presented, that the visitor spaces get limited use in tourist developments and villages. It was considered that in this case that the shared use could be functional, particularly as there is a resident manager on the site to organise/assist in the parking arrangements for the disabled and visitors and the overall efficient functioning of the parking arrangements on the site. The proposal now provides 8 car spaces plus 2 visitor spaces. This equates to 10 car spaces plus one for the manager.

The consent can be conditioned to address these issues.

 

Traffic/Roadworks

      Satisfactory                         Unsatisfactory                     Not applicable

 

The existing development, comprising of 1 x 3B/R unit, 1 x 2b/r unit, and, 1 x 1 B/R unit would generate 17 vehicles/day along the rear Lane.

The proposed development, comprising of 3 x 2B/R units, and, 5 x 1B/R units would generate 40 vehicles/day along the rear Lane. The Manager’s unit would generate 5 vehicles/day accessing onto the front street. 

The proposed development doubles the traffic generation from the site onto the rear Lane. The additional 23 vehicle trips per day can be catered for along the Lane. The alignment is straight with good sight distance. The formation is flat with bitumen seal and grassed verges, being satisfactory to facilitate 2 vehicles to pass each other. The Lane exhibits a relatively low speed, shared use environment.

Notwithstanding this, there is concern expressed (submissions on the DA) regarding the perceived speed and volume of vehicles using the Lane, in particular using the Lane as a through ‘short cut’ route. (This occurs irrespective of this development occurring).

This has been discussed (now and previously) with Council’s Traffic Engineer. This matter and proposed development will be an Agenda Item for the next Local Traffic Committee meeting (24 June 2015, which in part, one way traffic flows will be considered.

The development was not rejected by the committee, although that not being the charter of the committee.

Irrespective of the above, it is prudent and consistent to provide a two way bitumen seal pavement in the Lane for the ‘frontage’ of the site and east through to join up with the existing two way pavement at the Park Street end of the Lane. The profile and formation of the Lane should be comparable to the existing two way section of the Lane.

The consent can be conditioned accordingly.

 

The Application also seeks concurrent approval for roadworks (a new driveway in Mullumbimbi Street. A new concrete driveway and layback is required from the existing kerb line through to the property boundary. The driveway from the gutter line to the edge of road pavement seal is to be bitumen sealed. Approval for this driveway can be granted with this consent and the consent can be conditioned accordingly. 

 

Heritage Officer

 

This application was not referred to a Heritage Advisor as the works proposed to ‘Barnes House’ are almost identical to those approved by 10.2008.719.1. That development Application was forwarded to Council’s consultant Heritage Advisor for comment who advised that the proposed development would have minimal impact on the heritage and urban values of the building and the proposed changes respect the heritage values of the building and would provide a viable use into the future. Recommendations were made which were added as conditions of consent in relation to the following:

 

-     Details of demolition works including demolition plans

-     Photographic recording prior to the commencement of works

-     Photographic recording of the works in progress

-     Lodgement with the Brunswick Valley Historical Society of copies of the demolition plans and photographic recordings

-     Regular inspections by the Heritage Adviser during the works and prior to handover

 

Those recommendations, in addition to the two points below, will be included as consent conditions should consent be granted to this application.

 

-     Reuse and labeling of important features such as the under floor timber stumps, particularly one with the words ‘Gins Only’ written on it.

-     Details of two ‘Open Days’ per year where Barnes House and the historic item display will be open to the public.

 

The construction of the 4 unit building in the rear of the yard will not detract from the heritage character of the streetscape of Mullumbimbi Street.

 

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.

 

State/Regional Planning Policies and instruments - Issues

 

3.1.    STATE/REGIONAL PLANNING POLICIES AND INSTRUMENTS

 

Requirement

Requirement

Proposed

Complies

SEPP 55 – Contaminated Lands

Council must:

(a)     considered whether the land is contaminated, and

(b)     if the land is contaminated, if the land is suitable in its contaminated state or after remediation, and

(c)     be satisfied the land will be remediated before the land is used.

The property has been used for residential purposes for more than 100 years. It is considered the property is suitable for residential use.

Conditions of consent recommended in relation to demolition concerning asbestos and lead paint

Yes

SEPP No. 71 - Coastal Protection

Matters for consideration for development within the coastal zone:

-    retention of existing public access to the coastal foreshore

 

-    impact of effluent disposal on water quality

 

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

 

-    No public access to the coastal foreshore will be impeded or diminished as part of the proposal

-    The proposed manager’s residence is to be connected to an on-site disposal system which has been assessed as satisfactory in term of impact upon the environment.

-    Stormwater is to be disposed to Council’s Stormwater System

-    No overshadowing of  the foreshore reserve or the beach is proposed

-    The development is landward of the defined erosion zones

-    The development is within the existing urban area of Brunswick Heads and is unlikely to adversely impact upon the scenic or visual amenity of the coastline.

Yes

SEPP BASIX

Certificate required for manager’s residence/unit

Certificate No 622567S, dated 8 April 2015

Yes

NSW Coastal Policy 1997

Protection of coastal access, environment and amenity

 

The proposal raises no issues in terms of the Coastal Policy. 

Yes

Building Code of Australia

Buildings to comply with the BCA

All building work to comply with the BCA. Appropriate condition of consent recommended

Yes

Demolition

Demolition to be carried out in accordance AS2601

All demolition work to comply with the AS2601. Appropriate condition of consent recommended

Yes

Disability Access (DDA)

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

Disability access proposed.

Yes

* Non-complying issues discussed below

 

3.2.    BYRON LOCAL ENVIRONMENTAL PLAN 2014

 

Zone: Zone No. B2 Local Centre

Definition: Serviced apartments

LEP Requirement

Summary of Requirement

Proposed

Complies

Meets zone objectives B2 – Local Centre

•  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.

 

Serviced apartments will allow tourist accommodation within walking/cycling distance of town centre, beaches and boat harbour foreshore.

Tourist accommodation will provide additional income within the town through visitor spending and tourist industry services.

Yes

Permissible use

Note.  Serviced apartments are a type of tourist and visitor accommodation

 

Serviced apartment means: a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

 

Serviced apartments with owner/ manager to live on site

Yes

3.1 Exempt & Complying development

3)  To be exempt development, the development:

(d)   must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

The application includes signage for which detail has not been provided. Subsequently the signage is not approved should the application be approved.

As signage can not be exempt a consent condition is to be included stating that any signage requires consent.

Yes

4.3 Height of Buildings

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 = 9.0m

Maximum height = 9.0m

Yes

4.4 Floor space ratio

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 = 0.75:1

Proposed floor space ratio is 0.749:1

Total Gross Floor area = 884m2

Site Area = 1179m2

Yes

5.6: Architectural roof features

Check: Does the roof comply with the height limits of Clause 4.3

Maximum roof height 9.0m

Yes

5.9: Preservation of trees or vegetation

Must not remove or otherwise injure any vegetation prescribed by Chapter 2 of BDCP2014, without development consent.

Consent sought for removal of 8 trees of which 5 are prescribed natives, 3 x tuckeroos & 1 x eucalypt, the eucalypt being an unsuitable species for the location and a grevillea.

A compensatory planting is proposed and will be conditioned via a Landscape Plan to be submitted prior to CC..

Yes

5.10: Heritage conservation

Check: Is it a:

·    Heritage item     = Yes

·    Aboriginal object = No

·    Building in a heritage conservation area. = No

The existing dwelling is a heritage item ‘Barnes House’

Yes

 

2(a) - Consent is required to:

(i) Alter the exterior of a heritage item

(b) making structural changes to the interior of a heritage item.

(e) Erecting a building on land on which a heritage item is located.

 

Consent sought

Yes

 

5 Heritage Assessment

Before granting consent to land on which a heritage item is located a Council may request a heritage assessment.

 

‘Statement of Heritage Significance and Conservation Policy’ & ‘Statement of Heritage Impact’ provided.

Yes

 

6 Heritage conservation management plans

After considering the heritage significance Council may require the submission of a heritage management plan.

 

‘Statement of Heritage Significance and Conservation Policy’ & ‘Statement of Heritage Impact’ provided are considered to adequately address heritage issues.

Yes

 

10 Conservation Incentives

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that:

(a)  the conservation of the heritage item is facilitated by the granting of consent, and

(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and

 

(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

 

 

a) change of use from residential flats to tourist accommodation will enable a wider population to be informed of the history of ‘Barnes House’ from staying within the heritage item and viewing a proposed display of historical items.

 

 

 

 

 

 

 

b).The ‘Statement of Heritage Significance and Conservation Policy’ & ‘Statement of Heritage Impact’ are to be stamped as part of the consent.

c).The ‘Statement of Heritage Significance and Conservation Policy’ & ‘Statement of Heritage Impact’ are to be stamped as part of the consent.

d).It is considered that the proposed alterations will not adversely affect the heritage significance but will ensure management and protection of the heritage item.

e). It is unlikely that the alterations to ‘Barnes House’ will result in any significant adverse effects on the amenity of the surrounding area, neither adjoining dwelling is a heritage item.

Yes

6.1: Acid sulphate soils

Class 4 PASS

Works > 2.0m below ground level may impact ASS

No excavation > 1.5m below ground level proposed.

Yes

6.2: Earthworks

Check: Matters under Clause 6.2(3)

Maximum earthworks = 2.0m

No earthworks >1.5m proposed (swimming pool).

Yes

6.6: Essential Services

Check:  See B3 & B4 DCP

·    water,

·    sewer,

·    electricity

·    stormwater

·    vehicle access

Site is fully serviced

Yes

* Non-complying issues discussed below

 

Byron Local Environmental Plan 2014- Issues

 

No issues

 

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

 

Nil

 

3.3     DEVELOPMENT CONTROL PLANS

 

Development Control Plan 2014

 

Byron Development Control Plan 2014

 

Control

Assessment

 Compliance

Chapter B10 - Signage

B10.1.3

The Statement of Heritage Significance & Conservation Policy states that “there will be new timber signs approx. 0.5m2 identifying the establishment at the front & rear. However as no detail has been provided and as signage is not exempt within a heritage item site, should consent be granted a consent condition is to be included stating signage requires separate development consent.

Yes

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:

new or refurbished shopping centres or transport interchanges; or

residential developments or subdivisions comprising more than 20 dwellings or 20 lots;

any subdivision that creates pedestrian egress from the end of a cul-de-sac to another public road, public reserve or the like; or

car parks with more than 20 spaces; or

any commercial premises involving the construction or alteration of basement car parking; or

development or redevelopment of a mall or other public place;

health services facilities, nightclubs, pubs, registered clubs, restricted premises, sex services premises, small bars; and

 

other developments that, in the Council’s opinion, is likely to create a risk of crime.

The proposed tourist accommodation with live in on-site manager is not considered to be a development that is likely to create a risk of crime.

Yes

Chapter D3 – Tourist Accommodation

D3.2.1 Location and Siting

The siting, design and operation of tourist accommodation and associated development must not conflict with important ecological characteristics of the site or the Shire, and respects the natural systems and values of its location and surrounds.

 

The existing and proposed development is located within a B2 - Local Centre Zone and is therefore unlikely to adversely impact important ecological characteristics of the site or the Shire. 

 

Yes

D3.2.4 Character & Design in Business and Mixed Use  Zones

 

Tourist accommodation in Zone B2 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 Zone B2 in the same way they apply to commercial and retail development in Business and Mixed Use zones:

a)Section D4.2.1 – Design Character of Retail and Business Areas.

b)Section D4.2.2 – Design Detail and Appearance.

 

 

See detailed discussion below.

Yes

 

D4.2.1 – Design Character of Retail and Business Areas.

 

To promote pedestrian and cycle usage, together with reduced vehicle dependency in the Shire’s business, commercial and retail areas.

 

To encourage safety, accessibility and human scale in the Shire’s business, commercial and retail areas.

 

To encourage diverse, multi-functional business, commercial and retail centres that provide a compatible range of commercial, recreational and community activities appropriate to the Shire’s climate, environment, social fabric and scenic character.

 

To ensure that development reinforces the role of centres within the Shire’s commercial centres hierarchy.

 

To ensure that establishment and operation of new development contributes to and does not detract from the social and economic robustness, diversity and vitality of retail, business and community areas and precincts.

 

The existing development on the site comprises a building approved as three residential units. The proposed development involves a change of use to serviced apartments to cater for visitors to the coastal village of Brunswick Heads. The proposal will increase the accommodation within the existing building from six bedrooms (within three apartments), to seven bedrooms within five apartments including an owner/ manager’s unit. The proposed detached dwelling at the rear will add a further three serviced apartments (3 x 1 bed & 1 x 2 bed).

 

The proximity of the development to the businesses of the town centre, the beach and Brunswick River foreshores enables easy pedestrian and cycle access which will encourage visitors to leave their vehicles parked at the development.

 

The scale of the development is appropriate to the heritage character of the existing building and the surrounding neighbourhood. The owner/operator has collected historical items, and information associated with the original property owners, and is proposing to create a historical display within the common areas for guests, a condition will ensure this. It is also proposed, & conditioned, to hold two public ‘Open Days’ for people to observe ‘Barnes House’ and the historical artefacts displayed within.

 

Previously Byron Shire Council’s Heritage consultant confirmed that the historical and cultural memory of "Barnes house" was a key contributing factor in its listing as a heritage item (10.2008.719.1). The opening up to guests of the heritage listed "Barnes house" and presentation of these items will contribute to visitors developing an understanding of part of the cultural history of Byron Shire.

 

A screened waste bin storage area for 6 x 240L bins is to be provided, out of public view, at the rear of ‘Barnes House’.

 

D4.2.2 – Design Detail and Appearance.

 

Objectives

1.   To ensure that development is compatible with the design and amenity of development in the locality.

 

Performance Criteria

1.    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.

 

2.    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.

 

3.    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 proposed development is not directly in the retail area of Brunswick Heads. The streetscape of the front of the property is part of the heritage character of the heritage item and provides visual interest. The existing shade trees within the Mullumbimbi Street setback which are to remain also form part of the local character streetscape appeal of ‘Barnes House’.

 

The adjoining development to the south comprises a 5 unit residential flat building with ground floor shops with zero setback facing Mullumbimbi Street.

 

Existing development along Mullumbimbi Street & within the B2 zone comprises mixed use shop top housing & residential units. There is a single storey dwelling adjoining to the west. The proposed conversion of Barnes House is within character of the locale.

 

‘Barnes House’ 40 Mullumbimbi Street  (trees in front setback to be retained).

 

 

38 Mullumbimbi Street (shop top housing five apartments) (east)

 

 

34 (shop-top housing), 32 (residential flats) & 30 (Raised dwelling),  Mullumbimbi St (east)

 

 

6 & 7 Mullumbimbi St (opposite 40)

 

 

Single storey dwelling 42  Mullumbimbi St (west)

 

The proposed use as tourist accommodation is compatible with the town centre location. The proposed development is considered a low rise, low key development to be managed by the owners living on the property and catering to the needs of the guests. The development is close by the town, beach and river at Brunswick Heads which are popular local attractions for visitors.  The scale of the development is appropriate to the heritage character of the existing building and the surrounding neighbourhood and reflects the low-scale, tourist coastal village image of Brunswick Heads.

 

The proposed building (Oyster) has been designed in contrast to the existing heritage building (Pearl). The building has contemporary lines and forms to avoid mimicking the character of the existing heritage building. The colours are generally black, white and tones of grey. The building utilises natural stone cladding and natural timber screen elements and hard landscaping as design features.

 

The SEE claims “these elements, and the deliberate contrast in building forms between the existing and new buildings, express the conceptual theme of the Pearl and Oyster, which is a reference to the Oyster industry of Brunswick Heads. This is intended to be seen as a harmony of opposites and the relationship between Brunswick Heads industrial history and the present day focus on tourism"

 

D 3.3.7 Serviced Apartments

 

Objectives

 

1. To ensure that serviced apartment development is compatible with the character and amenity of development in the locality.

 

2. To ensure that establishment of serviced apartment development does not adversely affect the social and economic robustness, diversity and vitality of retail, business and community areas and precincts.

 

Performance Criteria

 

1. The design and operation of serviced apartments must be compatible with the streetscape and character of development in the locality.

 

2. Development applications must demonstrate that the proposed development is designed and landscaped consistent with the requirements of Chapters B11 Planning for Crime Prevention and B9 Landscaping.

 

3. Serviced apartments must not adversely affect the amenity of the precinct in which it is located.

 

4. Serviced apartments must comply with the requirements of Chapter D1 Residential Development in Urban and Special Purpose Zones, Section D1.6.

 

As detailed in D4.2.1 & D4.2.2 the proposed serviced apartments, tourist accommodation is compatible with the town centre location.

 

The proposed development is a low rise, low key development, to be managed by the owner’s family living on the property and thereby catering to the needs of the guests and ensuring the preservation of amenity to neighbours.

 

The development is close by the town, beach and river at Brunswick Heads which are popular local attractions for visitors.  The scale of the development is appropriate to the heritage character of the existing building and the surrounding neighbourhood and reflects the low-scale, tourist-beach image of Brunswick Heads.

 

The proposed serviced apartment development is compatible with the character and amenity of existing development in the locality. The area around the existing and proposed buildings is vegetated and is not visually prominent.

 

The proposed new building complies with all other BLEP2014 and BDCP2014 requirements, including density, height, setback, car parking, landscaping and open space requirements, and will be compatible with the existing and planned scenic quality and character of the locality.

 

The proposed development will have social and economic benefits for the village of Brunswick Heads. The development is located within an area identified as suitable for tourism and will help provide for a growing economy in this area. The construction of the building and associated works will provide employment within the construction and allied industries.

 

The proposed serviced apartment development will add to the existing social & economic robustness and the diversity and vitality of retail, business and community areas and precincts.

 

Byron Development Control Plan 2014

 

Control

Assessment

 Compliance

D1.6 – Multi Dwelling Housing, Residential Flat Buildings & Attached Dwellings

D1.6.1 - Private Open Space Courtyards

 

 

The proposed development is for tourism i.e. short stay accommodation and not for permanent residents. Notwithstanding each unit has a private open space balcony or access to a landscaped private outdoor area.

Yes

D1.6.2 – Open Space Balcony

 

 

All above ground units have direct access to a private open space balcony with an area of 15m2 and at minimum length & width of 2.4m.

All units are oriented towards the north except for 3 & 4, which have a south-west orientation.

Yes

D1.6.3 - Landscaping

Landscaping has been conditioned to be in accordance with BDCP2014.

Yes

 

 

 

 

E4.1.2 Aims of this Chapter

The primary purpose of this Chapter of the DCP is to provide relevant criteria and standards for the future development of the Brunswick Heads Urban Area. The aims of this Chapter are:

 

1.   To facilitate and provide guidelines for the development of the Brunswick Heads Urban Area consistent with the provisions of the Byron LEP 2014, the Brunswick Heads Settlement Strategy 2004 and other relevant strategies and Chapters of this DCP.

 

2.   To maintain and enhance the appearance and atmosphere of Brunswick Heads as a low-key, family-friendly coastal village.

 

3.   To encourage new development to complement, support and strengthen the character, living amenity and tourist potential of the town and to maintain and enhance pedestrian and cycle access.

 

4.   To foster and reinforce the restoration and protection of the riverside environment of Brunswick Heads.

 

5.   To continue to implement environmentally sustainable development principles in the town’s business area; and to further enhance its role as a dynamic local business sector offering a range of employment opportunities.

 

6.   To reinforce the town’s historical linkages and to protect identified heritage items.

 

The proposal is generally consistent with the aims of Chapter E.

 

It is considered that the proposed alterations will not adversely affect the heritage significance but will ensure management and protection of the heritage item. It is unlikely that the alterations to ‘Barnes House’ will result in any significant adverse effects on the amenity of the surrounding area neither adjoining dwelling is a heritage item. Notwithstanding the proposed stone and timber front fence and gatehouse have not been sufficiently addressed and those two components are not supported by this report. Subsequently the proposed front fence and gatehouse will be crossed out in red on the plans should the application be approved.

 

 

E4.2.1 Brunswick Heads - Character. Bulk and Scale of Development

 

Performance Criteria

 

The existing and desired future character of Brunswick Heads is defined by the following characteristics:

 

Business and Mixed Use Areas

 

Land zoned B2 provides a safe, low traffic speed, pedestrian/cycle friendly environment that encourages outdoor dining and community activity in the street.

 

Development in this area uses setbacks, planting and design elements to contribute positively to village amenity and create a pedestrian/cycle friendly streetscape.

 

New commercial and retail development is consistent with the requirements of Chapter D4 Commercial and Retail Development. Development is designed to enhance the low key, family-friendly, coastal village character, streetscape and scale of Brunswick Heads.

 

New development respects the north coast climatic conditions and adopts sustainable design principles. lt incorporates footpath awnings and sun and rain protection for pedestrians. Landscaping is provided in accordance with the requirements of Chapter B9 Landscaping. Development respects heritage items.

 

The proposed development has an outdoor dining area for guests and is compatible with a safe, low traffic speed, pedestrian/cycle friendly environment.

 

The existing building on Mullumbimbi St. (Pearl) has an existing set back approx. 7 metres from the front boundary and incorporates existing established landscaping. The design elements of the heritage listed building such as pitched roof, sub floor screen, timber posts, wide verandahs, domestic scale, timber stair & balustrade detail are to be retained, as they forms part of the heritage character of the building.

 

The rear laneway is predominantly a service road and provides access for car parking and services. This frontage will have a 1.8m high timber and masonry fence and 1.15 metre high gate to comply with safe sightlines for pedestrians & traffic using the lane, and landscaping to reduce the apparent scale of the building on this frontage.

 

The design elements of the heritage listed building combined with the complimentary new rear yard building will contribute to the low key, family-friendly, coastal village character, streetscape and scale of Brunswick Heads.

 

Development Control Plan 2014 - Issues

 

No issues

 

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

 

Site Waste Minimisation and Management: Standard condition applies

 

Impact on:

Likely significant impact/s?

Natural environment

No significant impacts.

Built environment

The proposed development is in keeping with the objectives of the B2 Local Centre zone, and is compliant with the planned maximum site density ratio of (0.75:1) while maintaining the heritage values and character of ‘Barnes House’. The heritage character of the streetscape is maintained by new building being sited, with maximum separation, in the rear yard and accessed via the rear lane.  The proposed development is not out of character with the area which is dominated with two storey buildings, holiday flats up to 9.0 metres in height, and large and/or elevated dwelling houses.

Social Environment

The development caters directly to the high demand for tourist accommodation in the locality.  The proposed units within the refurbished ‘Barnes House’ will include an accessible unit and historical display to add to guest’s awareness of the history of the heritage dwelling and Brunswick Heads coastal village. The new 3 unit building will have a high level of amenity and the location is within easy walking and cycling distance to the town centre, river & beaches.

Economic impact

The construction will have short term benefits to the local economy.

The tourist accommodation will have long term financial benefit to the local economy and will ensure the maintenance of the heritage item.

 

 

3.5     The suitability of the site for the development

 

The site is located within Zone B2 – Local Centre, with high connectivity to local services and amenities.  All planning and environmental constraints affecting the site are considered to have been satisfactorily addressed by the application and/or the conditions of consent recommended at the end of this report.  The subject property is not affected by flooding, bushfire or geotechnical constraints, and the application is supported on Engineering grounds (#A2015/10764).

 

The site is suitable for the proposed development.

 

3.6     Submissions made in accordance with this Act or the regulations

 

There were eleven submissions made against the development application and one in support.

It is noted that another two of the submissions generally supported the application but with some reservations.

 

Issue

Comment

The proposal is an overdevelopment of the site.

The proposal complies with the maximum 0.75:1 Site Density Ratio for the B2 zone & maximum height restriction.

 

Doesn’t comply with car parking requirements

The number of Units has been reduced (Unit 9 deleted) car parking now complies.

 

We weren’t consulted prior to lodgement.

Not required but Noted.

Traffic issues in the laneway not addressed.

Council has considered the number of additional traffic movements in the lane and have applied consent conditions for an upgrade to the lane. Local Traffic committee is also looking into the potential for making the lane one way.

 

Garbage bins should be relocated.

The bins have been relocated to behind building ‘Pearl’.

Height should be reduced to 7.5 metres.

The height limit for the site and surrounding land is 9.0m. The residential flat building adjacent to the east is 9.0m high.

 

We object to the length and height of the masonry fence next to the swimming pool, & the swimming pool location right next to our western boundary and the impact on our amenity.

The applicant met with adjoining owners and the height of the masonry wall, which is to screen the pool and to protect the amenity of neighbours, has been reduced 0.5m from 2.8m to 2.3m and the length reduced from by 1.4m from 10.5m to 9.1m.

The pool is separated from the masonry wall on the side boundary by a 1.7m wide disabled access ramp.

 

The swimming pool deck has been lowered by more than 0.5m.

 

The application requests stacked parking which is not consistent with the DCP

Stacked parking is limited to the on-site manager only if & when the disabled parking is required in the Mullumbimbi Street setback. Otherwise the disabled space is provided at the rear of the disabled access unit.

There should be a laneway policy in Brunswick Heads to protect the character of the rear lanes.

The character of rear lanes are regulated within residential zones, the subject land is within a business zone where development is allowed

 

Landscaping as proposed is inadequate

Landscaping has been conditioned to be in accordance with BDCP2014.

 

 

 

The importance of the site’s main house to Brunswick Heads’ heritage is acknowledged and also the need for the owner to undertake improvements to the site so as to make their investment in the property sustainable. We also support, in principle, the property being used for serviced apartments.

Noted.

There is a mango tree on the fenceline that is proposed to be removed. We were not consulted.

Removal for a mango tree does not form part of this consent. However, fruit trees are exempt for removal under Byron LEP2014 & BDCP2014. Removal of a mango tree on the boundary is a matter between the adjoining neighbours.

 

No Heritage Impact Statement.

A ‘Statement of Heritage Significance and Conservation Policy’ & a ‘Statement of Heritage Impact’ were provided and are considered to adequately address heritage issues.

 

The proposed external works to ‘Barnes House’ are virtually identical to what was previously supported by Council’s Heritage Advisor and subsequently approved by Council via DA 10.2008.719.1.

 

Is there going to be commercial signage in the front?

Signage not approved as part of this consent, if granted. A consent condition stating that is to be included in any consent.

 

The opening of the front fence for a driveway will decrease the street parking by at least one space

‘Barnes House’ has street frontage to Mullumbimbi Street and therefore has the right to vehicle access.

 

The state of the gutters footpaths and verges in Mullumbimbi Street are hazardous and it is impossible to place the waste bins for collection.

Roads Act Approval has been granted for a concrete driveway and concrete layback from the property boundary through to the edge of gutter. A bitumen sealed driveway from the edge of gutter/layback through to the existing road pavement seal.

Noise impact on residences.

I am already impacted by the Brunswick Heads Hotel.

The proposed development is for short term tourist accommodation comprising 8 serviced apartments and a manager’s residence.

 

There is no nexus between noise generated elsewhere and the proposed development. A condition re noise generation is to be included should consent be granted. On-site manager will have ability to ensure neighbourhood noise amenity is maintained.

 

Impact on solar access from 3 storey dwelling

The proposed development complies with maximum 9.0m height controls.

 

Lifting of the dwelling and excavation may effect the water table there are bores in the area.

Highly unlikely

The DA doesn’t mention any changes to the power pole that we share in the road reserve.

Council is not the electricity provider however there would not appear to be any reason for the pole, which is not on the subject land to be impacted.

 

The maximum height in the area should be 7.5m not 9m, as stated in the Brunswick Heads Settlement Strategy

The BLEP2014 controls the maximum building heights across the shire. The Height Map in the under BLEP2014. Allows 9.0m.

Note the adjoining commercial/residential development to the east is 9.0m high.

 

The stone & timber front fence is not in keeping with the picket fence and should not be supported.

While it is not clear that the existing front picket fence was part of the Heritage item listing, it does however, form part of the heritage character in the streetscape. No detail of the proposed fence other than it is 1.35 metres high and made from stone and timber; the front fence is not supported.

 

There are no shadow diagrams.

Development in the B2 – Local Centre zone is not subject to the same Building Height Plane and setback controls that apply in residential zones. The buildings comply with the height controls.

 

Any argument that tries to enforce a 7.5 metre height limit is nonsense as 9.0m is consistent with what the BHSS wanted as voted in 2004.

Noted

It is also wrong to argue that the site is an overdevelopment as the unit entitlement is permissible.

Noted

 

 

 

 

Any argument from adjoining and nearby owners in the residential zone that special consideration should be given to the southern side of Mullumbimbi Street is wrong as it has historically been zoned for commercial and people chose to live there.

Noted

The applicant lives within the B2 zone and is entitled to undertake  the maximum development permissible to ensure financial viability.

Noted

The laneway problems could be solved by placing no parking signs and enforcing the parking requirements of commercial buildings on the corner of Park St & Mullumbimbi Lane.

Noted

Exemption for stacked parking for the manager’s site in the Mullumbimbi St frontage should be supported as such ‘valet’ parking is not uncommon other tourist accommodation developments.

Proposed and supported.

Compensatory planting of a tuckeroo should be conditioned.

Landscaping with local rainforest species, including a 3 x tuckeroo trees is to be conditioned.

 

The raising of the building should not destroy the historical significance of the fact that aboriginal staff were ‘housed under the house and one of the stumps has ‘Gins Only’ written on it and this should be preserved.

The owner has indicated that the stump mentioned, and other useable stumps that need to be removed, will be featured in other areas of the proposed development i.e. the walkway between the buildings and will be labelled to highlight their heritage significance.

 

It should also be noted that the owner has indicated a willingness to educate the interested public about the heritage of ‘Barnes House’ and Brunswick Heads via two ‘Open Days’ per year.  This can be conditioned.

 

The rear yards along Mullumbimbi Lane have become home to water dragons and other reptiles.

The reptiles will still be able to inhabit the garden areas which will no doubt be enjoyed by the guests.

The height of the buildings will increase the concentration of fruit bats flying over my property.

It is not understood why this would be expected, fruit bats are very capable flyers and can easily fly higher than 9.0m.

 

 

NOTE:  The applicant provided Council with responses to submissions, plus additional information regarding the proposed heritage item display to be exhibited within Barnes House that will be open to the public two open days. Attachment 3.

 

 

3.7     Public interest

 

The development as proposed development is not contrary to the public interest.

 

4.       DEVELOPER CONTRIBUTIONS

 

4.1     Water & Sewer Levies

 

Referral Report #A2015/10770; Assessed by Jason Stanley

 

Current Situation

Existing entitlements have been sourced from the DA 10.2008.719.1 ET assessment (#DM850667).

 

Using the current day ET Policy 13/005, the existing sewer, water and bulk water entitlements are as follows:

Table 1 - Calculation of Existing Water & Sewer ETs

Ref

Development Type

Standard

Unit

Quantity

ET Rate (ET/unit)

ET Load

Water

Sewer

Water

Sewer

3.7

1 bedroom unit

(Unit 2)

Dwelling

1

0.40

0.50

0.40

0.50

3.8

2 bedroom unit

(Unit 3)

Dwelling

1

0.60

0.75

0.60

0.75

3.9

3 bedroom unit

(Unit 1)

Dwelling

1

0.80

1.00

0.80

1.00

TOTAL

1.80

2.25

 

Therefore, the existing ET entitlement for this property is:

·    1.80 ET for Water & Bulk Water; and

·    2.25 ET for Sewer.

 

Proposed Development

The application seeks development consent constructing 9 serviced apartments, managers unit and pool. The proposed development will generate the following load:

Table 2 - Calculation of Proposed Development Water & Sewer ETs

Ref

Development Type

Standard

Unit

Quantity

ET Rate (ET/unit)

ET Load

Water

Sewer

Water

Sewer

3.11

1 bedroom Managers Unit

Dwelling

1

0.40

0.50

0.40

0.50

6.6

Unit 1 & 2

2 bedroom serviced apartment

Dwelling

2

0.50

0.75

1.00

1.50

6.6

Unit 3, 4, 5, 6, 7, 8, 9

1 bedroom serviced apartment

Dwelling

7

0.33

0.50

2.31

3.50

11.7

Swimming Pool

Commercial premises

Assume 3m (W) x 5.6m (L) x 1.5m (D)

Using #E2015/9848

0.42

0.31

TOTAL

4.13

5.81

 

Table 3 - Calculation of Additional Water & Sewer ET Load

 

Water

Sewer

Existing ET Entitlements (Table 1)

1.80

2.25

Proposed Development ET loading (Table 2)

4.13

5.81

Additional ET loading

2.33

3.56

 

Therefore, this development generates an additional load onto Councils Water, Bulk Water and Sewer System

 

Council requires Payment of Developer Servicing Charges (prior to issue of a construction certificate) of:

·    2.33 ET for Water & Bulk Water; and

·    3.56 ET for Sewer.

 

4.2     Section 94 Contributions

 

Section 94A Levy to be paid

 

Prior to the issue of a construction certificate the section 94A levy required by the Byron Developer Contributions Plan2012 shall be paid to Council. 

 

The levy will be calculated as follows:

Levy payable = %C x $C

 

Where:      %C     is the levy rate applicable as set out in the latest Ministerial Direction issued under section 94E. 

 

$C is the proposed cost of carrying out the development. 

 

The rate of %C is:

 

Proposed cost of the development

Maximum percentage of the levy

Up to $100,000

Nil

$100,001–$200,000

0.5 percent

More than $200,000

1.0 percent

 

The cost of development shall be shall be calculated in accordance with clause 25J of the regulation.  The Cost Summary Report (copy attached) as set out in schedule 2 of the Section 94A contributions plan shall be submitted to Council with the with the payment.  Copies of Cost Summary Report are available at Council’s main office or may be downloaded from http://www.byron.nsw.gov.au/

 

5.       CONCLUSION

 

The proposal seeks consent to undertake alteration and additions to the existing heritage building, known as “Barnes House” which is currently divided into three residential flats and change of use to tourist accommodation in the form of serviced apartments. The proposed works are mostly to the internal floor layout and to raise the building, by approximately 0.9m to allow the proposed downstairs living areas to comply with Building Code of Australia specifications.

 

The external works proposed are similar to those approved via DA 10.2008.719.1, however this application proposes to change the internal layout of the three existing flats so that the building will contain four serviced apartments and a Manager’s Unit. The Manager’s unit will be at ground level along with Unit 4 which will provide adaptable housing. One car parking space is provided for the on-site manager.

 

Also proposed is a separate three storey building at the rear of the site, this differs from 10.2008.719.1 which granted consent to a detached double storey Manager’s Residence in the same location.  The proposed building will contain an additional four serviced apartments, a swimming pool and open deck area and underfloor & external car parking for eleven cars.

 

The proposal is consistent with Council’s planning controls and generally with the guidelines for Brunswick Heads, whilst providing a means for the embellishment and protection of the existing heritage building, “Barnes House” on the site.  The proposal will generally maintain the visual appearance of the existing building whilst its use as a place to provide low key tourist accommodation is consistent with the village character of Brunswick Heads as a seaside destination for tourists and residents.

 

The additional freestanding building is at the rear of and well separated from, ‘Barnes House’ and will not detract from its visual appearance.

 

The proposal is consistent with the relevant state planning instruments and with BLEP2014. The proposal is generally consistent with BDCP2014 save for a variation to sections of side boundary fence that are 2.4 metres high to act as a privacy screen between the swimming pool and deck area and the adjoining neighbour. The variation is supported by this report.

 

The proposed variation to the front fence height and the change from a picket type fence to masonry and timber front fence with gatehouse, is considered to detract from the heritage character and is not supported. Subsequently the plans are to be marked in red to delete this part of the proposal. 

 

The application is supported subject to consent conditions.

 

6.       RECOMMENDATION

 

That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2015.196.1 for alterations to a dwelling and a new residential flat building to be eight serviced apartments and manager’s residence, be granted consent subject to the conditions listed in Attachment 2 #E2015/49495.

 

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                                 13.12

 

 

Report No. 13.12         Park and Ride / New Year's Eve Shuttle

Directorate:                 Sustainable Environment and Economy

Report Author:           Claire McGarry, Events and Grants Officer

File No:                        I2015/857

Theme:                         Economy

                                      Economic Development

 

 

Summary:

 

In 2013, Council piloted a Park and Ride initiative over the Christmas / New Year holiday period. In 2014, Council resolved to fund a three year Park and Ride trial. Year 1 of the 3 year trial was undertaken with mixed results and reported in March 2015. 

 

As a result of further workshops on the matter and given the absence of the critical success factors required for widespread uptake of a Park and Ride service in the short term, Council requested a report outlining the cost and logistical implications of replacing the Park and Ride service with a New Year’s Eve shuttle.

 

This report outlines these costs and implications.

 

 

  

 

RECOMMENDATION:

1.       That for 2015, Council run a New Year’s Eve shuttle in place of the Park and Ride service.

 

2.       That the original budget allocation (Res 14-293) for the Park and Ride initiative, less the cost of the 2015 New Year’s Eve shuttle, be maintained for a review in 2016 post the introduction of paid parking and implementation of the Byron Bay Town Centre Masterplan.

 

 

 

 


 

Report

 

Background

In 2013, Council piloted a 12 day ‘Park and Ride’ initiative in the Byron Bay town centre over the busy Christmas / New Year period – unprecedented in regional NSW at that time. An independent contractor supported by a large number of council staff was engaged to run the pilot, and while feedback was positive, it highlighted that a greater lead time was required for promotion, coordination and partnership development. In its pilot year, Park and Ride was delivered for $114,077.

 

 Following on from this pilot, Council resolved:

 

As such, in 2014/15 Council staff managed the first year of the three year Park and Ride trial, working to a budget of $40,000. In order to deliver the project with a significantly reduced budget, the service period was reduced from 12 days to 7 days and a number of ancillary activities were removed from programming. While the project was delivered to budget, usage numbers did not increase and Council identified that a number of the critical success factors for a Park and Ride service to fully succeed were not yet in place in Byron Bay – namely:

·    Cost benefit (e.g. to avoid paid parking in town centre)

·    Time saved (e.g. an extended bus lane) or where you could see the bus overtaking cars

 

Based on the 2014/15 Park and Ride results, Council resolved:

 

Councillors considered the future of Park and Ride at two strategic planning workshops (16 April 2015 and 18 June 2015). The outcome of the second workshop was a request from Councillors for a report outlining the logistics and costs for a New Year’s Eve Shuttle in place of the broader Park and Ride program.

 

The Magic Bus were approached to partner with Council on a New Year’s Eve shuttle but declined, indicating that:

a)   They were concerned about security during the proposed operational hours; and

b)   Their brand was more aligned with the ‘family friendly’ daytime Park and Ride service

Blanch’s Buslines currently run a late night New Year’s Eve Shuttle between Sunrise, Byron town centre and Suffolk Park. Blanch’s were approached with a proposed partnership opportunity if they were able to extend their route to include the Cavanbah and the Surf Club, but Blanch’s declined and recommended that Council go ‘to the market’ to charter a bus for the project.

New Year’s Eve Shuttle Proposal

On New Year’s Eve in Byron Bay a family friendly event, Soul Street, will commence from 4pm to Midnight.  Street closures will be in effect and Lawson Street South carpark will be reserved for stall holders, limiting the amount of available parking.

Aim:  to provide parking outside of the town centre, minimising traffic congestion and numbers of cars in the town centre enhancing the pedestrian nature of the New Year’s Eve event. The shuttle provides a free transport service for locals and visitors travelling into the Byron Bay Town Centre on New Year’s Eve.

Logistics:

·    Free shuttle to run continually between The Cavanbah Sports Centre and the Surf Club on New Year’s Eve

·    Commencing at 3pm on 31 December 2015 through to 1am on 1 January 2016

·    Promotion to be via signage along Ewingsdale Rd, and throughout the Soul Street promotional campaign (online, newspapers, radio)

·    Each bus trip has a capacity of 37 passengers

·    Bus drivers would keep count of number of passengers per trip

·    Two staff would be positioned at The Cavanbah from 3pm – 9pm to greet and guide users

·    One security guard would be stationed on the bus from 6pm – 1am to ensure the safety of the driver and passengers

Costs:

Bus Charter

Two trips per hour for 10 hours

$2,500

Signage

·     Corflutes along Ewingsdale Rd

·     VMS board on Ewingsdale Rd 1 week prior

·     Enlarged timetable x 4

·     Installation of all signage

$5,000

Social Media Promotion

·     Facebook advertising

$1,000

Security

1 guard on the bus from 6pm – 1am

$500

Staffing

2 staff at The Cavanbah 3pm – 9pm

$600

 

TOTAL

$9,600

The shuttle would essentially be a transport option for the Soul Street event, so the delivery and promotional campaign would be integrated with New Year’s Eve Action Plan being implemented by the staff working group and Safe Summer in the Bay committee.

Staff recommend that Council provide a New Year’s Eve shuttle in 2015, and reassess in 2016 to determine whether the critical success factors of a Park and Ride service are in place in Byron Bay, or whether Council is in a position to create an environment to encourage use of the service.

Financial Implications

$40,000 is currently allocated to run Park and Ride over 2015/16. If Council decides to run a New Year’s Eve Shuttle instead of Park and Ride, $10,000 of this allocated fund could go towards covering the cost of the New Year’s Eve Shuttle.  Staff resourcing would be rolled in to the ‘Soul Street New Year’s Eve’ event planning.

It is proposed that the original budget allocation (Res 14-293) for the Park and Ride initiative be maintained, less the cost of the 2015 New Year’s Eve shuttle, for a review in 2016 post the introduction of paid parking and implementation of the Byron Bay Town Centre Masterplan.

Statutory and Policy Compliance Implications

Nil.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         North Byron Beach Resort (Ganra Pty Ltd) seek consent to lodge development application for coastal protection works on Council land

Directorate:                 Sustainable Environment and Economy

Report Author:           Catherine Knight, Coastal Officer

File No:                        I2015/860

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Council has received a letter from Planners North, acting on behalf of Ganra Pty Ltd, the owners of the North Byron Beach Resort. The letter requests Council’s consent to lodge a development application (DA) for the placement of proposed coastal protection works on Council owned ‘community land’ located at the entrance to the Belongil Estuary. The works would also be located on private land (Ganra Pty Ltd) and an unused road reserve.

 

An assessment of the request has been undertaken with reference to the Generic Plan of Management for Community Land Categorised as a Natural Area as well as the Local Government Act 1993 (LG Act). The proposed works are not considered permissible under the current management and statutory framework for the community land parcels.

 

 

  

 

RECOMMENDATION:

That Council write to Planners North advising that their request for landowner’s consent to lodge a development application for coastal protection works over Council community land has been declined, noting that Council is willing to receive further information on an alternate proposal that limits the works footprint to the Road Reserve only.

 

Attachments:

 

1        Letter of request from Planners North for protection works to be undertaken on Council owned land behalf Ganra Pty Ltd, E2015/39725  

2        proposed works in relation to the Belongil Estuary and Council land, E2015/53479  

 

 


 

Report

 

Council has received a letter from Planners North, acting on behalf of Ganra Pty Ltd, the owners of the North Byron Beach Resort, Attachment 1.  The letter requests Council’s consent to lodge a development application (DA) for the placement of proposed coastal protection works on Council owned land located at the entrance to the Belongil Estuary.  The letter requests that the matter be reported to a Council Meeting.

 

The proposed works in relation to the Belongil Estuary and Council land are shown at Attachment 2.

 

From Attachment 2, a portion of the proposed estuary / coastal protection is on Council owned ‘community’ land. These parcels and their classification are as follows:

a)   PN 162390 – Council owned ‘community land’, categorised as natural area, bushland, wetland, watercourse

b)   PN 162380 – Council owned ‘community land’, categorised as natural area, bushland, wetland, watercourse

c)   PN 162370 – Council owned ‘community land’, categorised as natural area, bushland, wetland

 

The proposed works are also partially located within an unused Road Reserve (Juan and Haidee Street from Attachment 1).  Council’s records do not provide conclusive information on the management arrangements for this road reserve, however it is likely that this is a Council managed Road Reserve.

 

The Council owned parcels are subject to Generic Plan of Management for Community Land Categorised as a Natural Area (Plan of Management), which sets out a framework for the management and development of the land.  This includes classifying and setting out ‘core objectives’ for the parcels in accordance with Division 2 of the Local Government Act 1993 (LG Act).

 

Division 2 of the LG Act sets out a statutory framework for managing community land including matters such as categorisation of community land, the occupation, licensing / lease or development of community land.

 

An assessment of the request has been undertaken with reference to the Plan of Management, as well as the LG Act. The proposed works are not considered permissible under the current management and statutory framework for the community land parcels. The reasons for this include but are not limited to the points summarised below:

 

a)   The proposed works are likely to require a lease or licence as they are likely to involve the exclusive use or exclusive occupation of community land.

b)   The proposed works and the granting of a lease or licence for the proposed works is not authorised under the Plan of Management.

c)   The works and the purpose to which a lease or licence is granted with respect to activities on community land must be consistent with the core objectives as provided in the LG Act. On the limited information available, the purpose of the licence is unlikely to be consistent with the core objectives for the natural area category. The core objectives for a natural area include minimising and mitigating disturbance caused by human intrusion.

d)   The LG Act does not allow for the erection of buildings or structures or the issuing of licence for that purpose on lots classified as ‘natural area’ unless the works fit into a prescribed category and the coastal protection works are unlikely to fit into this prescribed category.

 

An examination of statutory constraints relevant to the land designated as road reserve has not been undertaken. Further, it is unknown if the proposed works may be modified to an extent that is limited to the road reserve (Juan and Haidee Street) i.e. that does not extend to the community land parcels.

 

An investigation has not been conducted concerning potential aboriginal cultural heritage values associated with the Council owned land parcels, nor has any formal consultation been undertaken with the local aboriginal community. This may be required if the proposal is taken any further.

 

It is recommended that Council write to Planners North advising that their request for landowner’s consent to lodge a development application for coastal protection works over Council community land has been declined, noting that Council is willing to receive further information on an alternate proposal that limits the works footprint to just the Road Reserve, should this option be deemed viable.

 

Financial Implications

 

There are no financial implications.

 

Statutory and Policy Compliance Implications

 

The Council owned parcels are subject to Generic Plan of Management for Community Land Categorised as a Natural Area (Plan of Management), which sets out a framework for the management and development of the land. The Plan of Management has been made in accordance with the LG Act.

 

Division 2 of the LG Act sets out a statutory framework for managing community land including matters such as management objectives, the occupation, licensing / lease or development of community land.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.14

 

 

Report No. 13.14         PLANNING - 26.2015.3.1 General Policy and Housekeeping Changes - Byron Local Environmental Plan (LEP) 2014

Directorate:                 Sustainable Environment and Economy

Report Author:           Julie Francombe, Strategic Planner

File No:                        I2015/874

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

This report presents a Council initiated Planning Proposal that amends Byron LEP 2014 in relation to 18 matters as follows:

 

·    Minor amendments to the land use table that will affect all land within zones R2 Low Density Residential and R5 Large Lot Residential, RU1 Primary Production, IN1 General Industrial, IN2 Light Industrial, B1 Neighbourhood Centre, B2 Local Centre, B4 Mixed Use, B7 Business Park, W1 Natural Waterways, and W2 Recreational Waterways.

·    Inclusion of a new clause that will permit a “special purpose subdivision” in all RU1 Primary Production and RU2 Rural Landscape zones.

·    Alterations to the heading to clause 4.1B to properly reflect the content of the clause and alter a term used throughout the clause to better reflect its intent. 

·    Remove “R5 Large Lot Residential” from one part of Clause 4.1D relating to subdivision of split zone lots and insert it into other parts of the same clause.

 

For site specific matters, the planning proposal will:

 

·    Permit registered clubs as an additional use on the Cavanbah Sports Centre site at West Byron (Lot 3 DP 706286).

·    Alter schedule 5 (Environmental Heritage) to delete item I173 (Roundhouse site) as the Roundhouse building has been demolished and the land subdivided for residential purposes.

·    Permit a dwelling on Lot 1 DP 394451, Jones Road consistent with previous advice to the landowner based on the history of the site.

·    Alter the SP1 zone that applies to Lot 1 DP 1031848, Broken Head to describe the SP1 zone as “private education facility”.  Alter schedule 1 to define “private education facility” as it applies to the subject land.

·    Rezone three irregular shaped lots adjacent to Kulgan Court, Ocean Shores from RU2 Rural Landscape to R2 Low Density Residential to be consistent with surrounding land use and approved residential development.  Amend the corresponding Floor Space Ratio (FSR) and Minimum Lot Size (MLS) maps for the same lots to make them consistent with the surrounding R2 Low Density Residential zone.

·    Amend the Minimum Lot Size map for a Bangalow urban release area (Lot 12 DP1189289) to better align location of the existing 300m2 MLS with a recent subdivision approval. 

 

This report recommends that the LEP amendments in this Planning Proposal be supported and sent to the Department of Planning and Environment for Gateway Approval.

 

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 Council proceed with the planning proposal contained in Attachment 1 and send it to the NSW Department of Planning and Environment requesting a Gateway Approval.

 

Attachments:

 

1        Planning Proposal for LEP 2014 General Amendment No.2 - General Policy and Housekeeping Changes In Byron Shire, E2015/54624  

2        Form of Special Disclosure of Pecuniary Interest, E2012/2815  

 

 


 

Report

 

The purpose of the planning proposal is to amend various parts of Byron LEP 2014 as part of an annual review of the planning instrument.  The amendments are unrelated.  Some are general and some site specific.  Some have come from Council resolutions and some have come from staff observations, consultants or landowners.  They are discussed below.

A.  Insert recreation facility (indoor) in the B1 Neighbourhood Centre land use table as permissible with consent

 

At its Meeting on 26 February 2015 Council resolved

 

15-050 Resolved:

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

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

 

The B1 Neighbourhood Centre zone affects land at Bayside Brunswick, Bayshore Drive West Byron and Suffolk Park shopping centre.  The amendment will permit uses such as gyms and health studios (for example). The land use table is otherwise similar to neighbouring Council’s and no other changes are warranted. The Planning Proposal in Attachment 1 includes an amendment to the land use table for zone B1 Neighbourhood Centre.

 

B.  Insert secondary dwelling in the R2 Low Density Residential and R5 Large Lot Residential land use tables as permissible with consent

 

Council staff noted that in LEP 2014 secondary dwellings are prohibited in the R2 and R5 zones while in the R3 zone they are permitted with consent.  They are permitted under the Affordable Housing SEPP in all these zones and should be in the LEP as well.  The Planning Proposal in Attachment 1 includes an amendment to the land use table for zone R2 Low Density Residential and R5 Large Lot Residential to permit secondary dwellings as permitted with consent.

 

C.  Insert dual occupancy (detached) in the R5 Large Lot Residential land use table as permissible with consent

 

During the recent exhibition of the detached rural dual occupancy planning proposal it was noted by staff that the Council resolution did not include dual occupancy (detached) as permitted with consent in the R5 Large Lot Residential Zone.  Given that the R5 areas are better serviced than RU1 and RU2 areas this appears to be an oversight and it should have been included.  The Planning Proposal in Attachment 1 includes an amendment to the land use table for the R5 Large Lot Residential zone to permit dual occupancy (detached) as permitted with consent.

 

D.  Insert agriculture in the RU1 Primary Production land use table as permissible with consent. Insert aquaculture as a prohibited use.  Delete intensive animal agriculture and intensive plant agriculture from permissible with consent (they will be covered by agriculture).

 

Consistent with the RU2 Rural Landscape land use table, Council staff noted that agriculture should be “permissible with consent” in zone RU1 Primary Production given the objectives of the zone.  Similarly, Intensive livestock agriculture and intensive plant agriculture can then be removed from permissible with consent (because they are covered by agriculture) while Aquaculture needs to be added to prohibited development. The Planning Proposal in Attachment 1 includes an amendment to the land use table for the RU1 Primary Production zone to effect these changes.

 

E.   Insert waste or resource management facilities as a prohibited use in the B2 Local Centre, B4 Mixed Use and B7 Business park zone land use tables.  Delete any references to its “child” definitions in these land use tables wherever they occur.

 

It was not Council’s intent to allow waste or resource management facilities (or any of its “child” definitions) in any of the business zones in LEP 2014. The draft LEP was amended to permit waste or resource management facilities with consent in the B2, B4 and B7 zones by DPE without consultation with Council.  Waste or resource management facilities should be prohibited in the B2 Local Centre, B4 mixed Use and B7 Business Park zones. Waste disposal facility and resource recovery facility should be removed from all three zones. The Planning Proposal in Attachment 1 includes an amendment to the land use table for the B2 Local Centre, B4 mixed Use and B7 Business Park zones zone to effect these changes.

 

F.   Delete environmental facilities as a prohibited use in the B4 Mixed Use zone land use table.

 

In its draft LEP Council inadvertently listed environmental facilities as both permitted and prohibited in the B4 Mixed Use zone. It was meant to be permitted with consent. It was incorrectly changed by DPE without consultation. Environmental facilities will be added to the permitted with consent section of the B4 Mixed use zone. The Planning Proposal in Attachment 1 includes an amendment to the land use table for the B4 Mixed Use zone to permit environmental facilities with consent.

 

G.  Delete biosolids treatment facilities, sewage treatment plants and water recycling facilities from the prohibited section of the land use table in the IN1 General Industrial zone.

 

SEPP (Infrastructure) permits with consent biosolids treatment facilities, sewage reticulation systems, sewage treatment plants and water recycling facilities in the IN1 General Industrial zone. Any person can lodge a development application for these uses under the SEPP.  LEP 2014 permits the parent definition of sewerage systems but prohibits all of the “child” definitions except sewage reticulation systems. Although the SEPP over rides the LEP, it does not make sense to have an LEP that appears to be intentionally at odds with the SEPP. This was not Councils intent with its draft LEP. Biosolids treatment facilities, sewage treatment plants and water recycling facilities should all be deleted from the prohibited section, making them permitted with consent in the IN1 zone.  The Planning Proposal in Attachment 1 includes an amendment to the land use table for the IN1 General Industrial zone to effect these changes.

 

H.  Insert electricity generating works as a prohibited use in the IN2 Light Industrial zone land use table.

 

It was not Council’s intent to allow electricity generating works in the IN2 Light Industrial zone. It was advertised in the draft LEP as a prohibited use and changed by DPE without consultation.

Electricity generating works should be added to the prohibited section of the IN2 Light Industrial zone. The Planning Proposal in Attachment 1 includes an amendment to the land use table for the IN2 Light Industrial zone to add electricity generating works as a prohibited use.

 

I.    Insert roads in the W1 Natural Waterways and W2 Recreational Waterways zone land use tables as permissible with consent.

 

It was not Council’s intent to prohibit roads in the W1 Natural Waterways and W2 Recreational Waterways zones. In the case of waterways zoned W1 and W2 it’s important that roads can be permitted with consent on merit if they are required to cross a waterway (ie bridges are roads).

Therefore the Planning Proposal in Attachment 1 includes an amendment to the land use table for the W1 Natural Waterways and W2 Recreational Waterways zones to add roads as permitted with consent.

 

J.   Insert a new clause in Part 4 Principal Development Standards to enable certain subdivision (sometimes referred to as a special purpose subdivision) to be approved on land zoned RU1 and RU2 where the lot will be less than the minimum lot size shown on the minimum lot size map.

 

A consultant suggested that Council include a “special purpose subdivision” provision in Byron LEP 2014.  This is because under LEP 1988, Council had the ability to grant consent to a rural zoned lot of any size as long as it was not for the purposes of “agriculture, forestry or a dwelling house”. The provision was abandoned with the gazettal of the Byron LEP 2014 as a result of the standardisation of LEP provisions. Other north coast LEPs (eg. Clarence Valley Council and Richmond Valley Council) have included a “special purpose subdivision” provision that would enable an approved use to be lawfully subdivided from a parent lot. The Planning Proposal in Attachment 1 includes a clause based on the Clarence Valley Council provision.

 

K.  Amend the heading to clause 4.1B “Minimum subdivision lot size for multiple occupancy or rural landsharing community developments” to better reflect the content of the clause. The revised heading would be “Minimum subdivision lot size for multiple occupancy or rural community title developments”.
 
Amend clause 4.1B to replace “rural landsharing developments” with “rural community title development” wherever it occurs.

 

Council staff noted that this clause uses terminology (rural landsharing) that does not fit the type of development that it was intended to deal with (namely multiple occupancy or rural community title developments). It is a minor amendment that will make the clause more accurate. The Planning Proposal in Attachment 1 includes a variation to this clause to effect these changes.

 

L.   Amend clause 4.1D relating to subdivision of split zone lots.

 

Clause 4.1D applies to land that is affected by more than one zone. The intention of a split lot clause is to allow land that is zoned for a more intensive use — such as residential, rural residential, business or industrial — to be subdivided off from a rural or other less intensive zone where the latter zoned land is less than the Minimum Lot Size (often 40 hecatres).  In Council’s existing clause the rural residential zone appears on both sides of the list of zones to be separated. This does not make sense and has created confusion. To fix the clause, reference to “large lot residential” needs to be located with the intensive land uses [subclause (3)(a)(i)] and deleted from the list of less intensive land uses [subclause (3)(a)(ii)]. The Planning Proposal in Attachment 1 includes a variation to this clause to effect these changes.

 

M.  Allow registered clubs as an additional permitted use on the Cavanbah Sports Centre site at West Byron (Lot 3 DP 706286) by amending Schedule 1.

 

Council staff noted that in order to facilitate future commercial opportunities on Council land zoned RE1 Public Recreation, LEP 2014 should allow registered football club training facilities to be developed on sports grounds such as the Cavanbah Sport Centre, in West Byron. Registered clubs were not a permitted use in the 1988 LEP on land zoned 6(a) Public Open Space. Realising this use on sites such as the Cavanbah Sports Centre would require Council to review its plan of management as a separate process.   To create this commercial potential, the Planning Proposal in Attachment 1 includes an amendment to Schedule 1 that specifically permits registered clubs with consent on this site.

 

Note:   The RE1 zone is used extensively in Byron Shire including New Brighton Oval, Water Lilly Park, open space throughout Ocean Shores, all three Brunswick Heads Caravan Parks, Brunswick River foreshore, Stan Thompson Oval, Cavanbah Sports Centre, Butler Street Reserve, First Sun Caravan Park, part of Sandhills Estate, Tennyson Street playing fields, and Suffolk Park Caravan Park.  It would be difficult to justify also permitting registered clubs in many of these locations in the absence of an adopted policy framework for land in this zone.

 

N.  Amend Schedule 5 Environmental Heritage by deleting item I173 (Roundhouse site).

 

In implementing Council’s decision to reclassify the Roundhouse site at Ocean Shores staff noted that it was still listed in LEP 2014 as a heritage item.  The building has been demolished for some time and the land on which it stood is zoned for residential purposes and has been approved for subdivision.  Retaining the listing serves no purpose. The Planning Proposal in Attachment 1 includes an amendment to Schedule 5 that deletes heritage item I173 (Roundhouse Site).

 

O.  Permit a dwelling house on Lot 1 DP 394451, Jones Road.

 

This lot is one of four small lots at the end of Jones Road created in the 1950’s.  Three have dwellings on them and this one does not have a dwelling entitlement. It is approximately 5 hectares and is part RU2 Rural Landscape and part deferred matter (7k habitat under LEP 1988). It has Billinudgel Nature Reserve on two sides.  In July 2014 the (then) Director of Planning advised the owner “The inability for consent to be granted for a dwelling house on the subject lot under Byron LEP 2014 (despite Council supporting such an outcome) has resulted from re-drafting of Clause 4.2A since the time that the draft LEP was first prepared (as guided by the LES). Given these circumstances an amendment to allow consent to be granted for a dwelling house on the subject lot will be included in one of the first amendments to Byron LEP 2014.”

 

The applicant has not undertaken a SEPP 55 preliminary contaminated land assessment and has not supplied any information on bushfire hazard.  The State government Aboriginal Heritage Information Management System (AHIMS) lists the subject land as containing a registered Aboriginal site. Subject to the Gateway Determination issued by Department of Planning & Environment, Council may require submission of this information (i) prior to finalising the planning proposal or (ii) at the development application stage once the dwelling curtilage and accompanying land uses are known.

 

The Planning Proposal in Attachment 1 includes an amendment to Schedule 1 that specifically permits a dwelling house on the subject land (as shown in Map 1 below).

 

Map 1 - Lot 1 DP 394451, Jones Road.

 

P.   Amend map sheet LZN 003D to correct an error with the zone label for Lot 1 DP 1031848 to change the label from “ educational establishment” to “private education facility”.

 

At its Meeting on 5 February 2015 Council resolved:

 

15-029 Resolved: 

4. That at the next general update of Byron LEP 2014 Council will amend the SP1 zone on Lot 1 DP 1031848 to refer to a private education facility, and amend Schedule 1 to define private education facility and specifically permit it as a use on the subject land.

 

The Planning Proposal in Attachment 1 includes an amendment to Schedule 1 that defines private education facility and permits it with consent on this site.  An amendment to the zoning map will also be made to describe the subject land as “private education facility”.

 

Q.  Amend map sheet LZN 002CA to change the land use zone for Lot 12 DP 1128095, Lot 11 DP 1128095 and Lot 606 DP 240398 , Ocean Shores, from RU2 Rural Landscape to R2 Low Density Residential.  Amend map sheet LSZ 002CA to change the MLS for the same lots from 40 ha to 600 m2.  Amend map sheet FSR 002CA to include a 0.5 FSR for the same lots.

 

Council approved a large senior’s housing development on land near Kulgan Court in Ocean Shores. Part of that land is in the RU2 Rural Landscape zone because it was previously in a rural investigation zone. It encompasses three irregular shaped lots with a combined area of approximately 8600 m2. Two extremely narrow strips are owned by Council and the slightly larger lot is privately owned. The two very narrow strips (approximately 600mm wide) were created at the rear of private land that backs onto a proposed road corridor at Ocean Shores near Kulgan Court.

The proposed road has been abandoned and sold for private development and the strips are no longer required. It makes sense that the narrow strips be included in the R2 Low Density Residential zone the same as most of the land in the vicinity. With residential land on two sides and a residential (seniors) approval in place this serviced urban land should be included in an urban zone. It is not used for agriculture and contains no significant habitat. It has been subject to a preliminary contamination assessment under SEPP 55 and is not likely to be contaminated from past land use. It is not known to contain Aboriginal sites.  In combination with it changing to an R2 Low Density Residential zone it also should have a minimum lot size (MLS) of 600 m2 and a floor space ratio (FSR) of 0.5.  These are the same as surrounding residential land.

 

The Planning Proposal in Attachment 1 includes an amendment to Byron LEP 2014 map sheets LZN 002CA, LSZ 002CA, and FSR 002CA to apply the above changes to the subject land. Please refer to Map 3 of the Planning Proposal at Attachment 1.

 

R.  Amend map sheet LSZ 003CB to modify the existing 300 m2 MLS for certain land at Bangalow (Lot 12 DP1189289, Parrot Tree Place) to align with a recent subdivision on the same parent lot further to the west.   

 

In amending Byron DCP Council received a submission in relation to the Bangalow urban release area shown in Map 2 below. Staff commented that “the relevant 300m2 areas on the LEP 2014 Lot Size Map are inconsistent with the indicative medium density residential areas illustrated on the suggested Structure Plan and inconsistent with the plan of subdivision approved under the consent to DA 10.2012.6.1. It is recommended that options be explored at a later date to amend the relevant LEP 2014 Lot Size Map such that the 300m2 Lot Size areas more closely reflect the Medium density residential areas in the submission.”

 

To this end the Planning Proposal in Attachment 1 includes an amendment to Byron LEP 2014 map sheet LSZ 003CB that applies the above changes to the subject land.

 

 

Map 2 – Land shown as “medium density residential” represents the preferred location for the 300m2 Minimum Lot Size on Lot 12 DP1189289, Bangalow

 

 

Matters that have been omitted from this Planning Proposal

 

Building Heights in Lawson Street

 

At its meeting on 21 May 2015 Council resolved:

 

15-216 Resolved:

That the height limits be reviewed for Zone B2 in Lawson Street on the eastern side of the road as part of the housekeeping amendment report of the Byron LEP 2014.

 

Building heights are one influence on the urban form of Byron CBD, but they should not be reviewed in isolation of floor space ratio, car parking, landscaping, etc. The Byron Bay Town Centre Masterplan is addressing the issue of built form in the CBD which includes the B2 zone along Lawson Street. Once the final master plan has been delivered and considered by Council it is appropriate that issues such as height, FSR, car parking, etc be revisited. The LEP (and DCP) can be used to achieve the urban form that Council has agreed through the master plan process.  No changes to the building heights in the B2 zone at Lawson Street are proposed at this time.

 


 

Council Landholdings

 

The following land affected by this planning proposal is owned by Council:

 

§ Item Q includes Lot 11 DP1128095 and Lot 606 DP 240398. These are two very narrow lots (approximately 600mm wide) that were created at the rear of private land that backs onto a proposed road corridor at Ocean Shores near Kulgan Court. These narrow strips will be included in the R2 Low Density Residential zone which is the same as most of the land in the vicinity.

 

§ Item M applies to the Cavanbah Sports Centre at Ewingsdale Road, West Byron (Lot 3 DP 706286).  This land was acquired by Council partly for a sports facility and partly for disposal of treated recycled water from the nearby STP. It is part Community land and part Operational land under the Local Government Act, 1993.  It is subject to a plan of management. This land will be included in Schedule 1 (Additional permitted uses) so that “registered clubs” can be permitted with consent, which in turn will enable future commercial opportunities on Council land. 

 

State Policy and Planning Controls

The planning proposal is generally consistent or justifiably inconsistent with the applicable State Environmental Planning Policies. The key SEPP’s that require particular consideration are SEPP 55 Remediation of Land and SEPP (Rural Lands) 2008.

 

SEPP 55 Remediation of Land

Clause 6(1) of SEPP 55 requires that a Council cannot approve a rezoning application (especially from rural to residential) unless it has duly considered whether such land is contaminated.

 

Two items are affected directly by this SEPP. Item Q (land near Kulgan Court, Ocean Shores) is changing from a rural to a residential zone. In this case the previous landowners undertook a preliminary analysis pursuant to SEPP 55 and found there was no evidence of past contamination.  It is consistent with the SEPP.

 

Item O (Jones Road) is a single 5 hectare rural lot at the end of Jones Road that has currently does not have a “dwelling entitlement”. The land is not being rezoned, but the amendment will allow a dwelling to be erected on it for the first time. No preliminary analysis of the land has been supplied to Council and it is not yet possible for Council to be satisfied that the draft LEP is consistent with Clause 6 of SEPP 55.  Subject to the Gateway Determination issued by Department of Planning & Environment, Council may require submission of this information (i) prior to finalising the planning proposal or (ii) at the development application stage once the dwelling curtilage and accompanying land uses are known. 

 

Although this part of the planning proposal is not consistent with SEPP 55 Remediation of Land, it should proceed to Gateway Determination.

 

SEPP (Rural Lands) 2008

The focus of this SEPP is on unnecessary fragmentation of rural land and in particular state and regionally significant farm land.  The principles in the SEPP are required to be considered as part of the S.117 directions when rezoning land. In this case the land affected by changes to the land use tables for RU1 and R5 will not impact significantly (if at all) on agriculture. The loss of less than 1 hectare of RU2 land at Ocean Shores that is not currently used for agriculture is also not significant.  Neither the land at Ocean Shores (Item Q) nor the land at Jones Road (Item O) is mapped as state and regional agricultural land.

 

On this basis the planning proposal is consistent with SEPP (Rural Lands) 2008.

 

Section 117 Directions

The planning proposal is not consistent with S. 117 Direction 1.2 Rural Zones because of Item Q and Item O.  It is generally compliant with the other S.117 Directions. 

The inconsistency is justifiable in the circumstances because the land near Kulgan Court Ocean Shores (Item Q) is surrounded by zoned residential land on two sides, is not used for agriculture or mapped as state or regional agricultural land, is fully serviced and has no significant environmental values.  It is very small (8600 m2) and is subject to an existing approval for seniors development. The inconsistency is justifiable as a minor matter pursuant to sub clause 5(d) of the Direction.

 

The inconsistency relating to land on Jones Road (Item O) is justifiable because it will remain in an RU2 zone, but with a dwelling permitted. This alters the dwelling density in this location. However, the site is not currently used for agriculture, is not mapped as state or regional agricultural land and is very small. The inconsistency is justifiable as a minor matter pursuant to sub clause 5(d) of the Direction.

 

Options to Move Forward

There are a number of options open to Council on this matter:

 

1.       Proceed with the planning proposal as included as Attachment 1 to this report.

 

2.       Amend the planning proposal as required.

 

Conclusion

This planning proposal is a culmination of matters accumulated over the last 12 months arising from Council resolutions, staff observations or submitted by consultants or the community. There is sufficient merit for it to proceed. 

 

Council should proceed with a planning proposal to amend Byron LEP 2014 in accordance with the planning proposal at Attachment 1.

 

In relation to Item O (Jones Road) the landowner will need to supply a preliminary land contamination assessment pursuant to SEPP55, an Aboriginal archaeological site assessment and a bushfire assessment to establish that the site has a location within the area zoned RU2 Rural Landscape that is suitable for a dwelling.  The timing of when this information is required will be determined in the Gateway Determination issued by Department of Planning & Environment.

 

Financial Implications

 

As a Council initiated this planning proposal, the processing costs will be borne by Council.

If Council chooses not to proceed then the matter does not incur any additional costs.

 

Statutory and Policy Compliance Implications

 

The relevant policy considerations are addressed above and in the attached planning proposal.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.15

 

 

Report No. 13.15         PLANNING - 10.2015.214.1 - Railway infrastructure including a rail shed and two railway platforms and tree removal at Bayshore Drive and Lawson Street, Byron Bay

Directorate:                 Sustainable Environment and Economy

Report Author:           Joe Davidson, Planning Team Leader

File No:                        I2015/875

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

This development application seeks consent for the construction of two train platforms and train storage shed to support the operation of a train within the existing railway corridor.

It is proposed to construct a train storage/maintenance shed with an attached train platform on the eastern side of the Bayshore Drive railway crossing (on the northern side of the railway line), to allow passengers to embark and disembark a train on the main line. This platform will form the western limit of the proposed train operation.

The construction of a second stand alone platform is proposed on the northern side of the Lawson Street railway crossing (on the eastern side of the railway line), also to allow passengers to embark and disembark a train on the main line. This platform will form the eastern limit of the proposed train operation.

Details have been submitted of a ‘Licence for Heritage Operations’ issued to Byron Bay Railroad Company Limited by Transport for NSW, and a Certificate of Accreditation issued to Byron Bay Railroad Company Limited by the Office of the National Rail Safety Regulator, to enable the construction, maintenance and operation of a railway service between the proposed train platforms. The Certificate of Accreditation specifies the rolling stock to be used as a ‘600 and 700 series Diesel Multiple Units’. The proponents have indicated that they are currently restoring a two car 660 series 100 seat diesel railmotor in heritage colours for use on the line.

The train service is intended to be operated by the ‘Elements of Byron’ resort, which is currently under construction at the northern end of Bayshore Drive, adjacent to the western platform. A pedestrian access path is proposed from this platform to Bayshore Drive, where a pathway leads to the new resort. An access driveway is also proposed from Bayshore Drive to the proposed train storage shed.

The Applicant has indicated that the primary function of the proposed storage shed is for the secure storage of the heritage train that is to operate on the line. The shed includes an inspection pit to allow safety inspections and minor maintenance works such as checking oil, water and brakes. The shed will also allow for the cleaning of the train at the completion of each days service.

The location of the proposed shed will require the removal of 21 small trees to provide a bush fire asset protection zone.

 

Applicant:

Planners North

Owner:

Ganra Pty Ltd

Zoning:

Zone No. SP3 Tourist

Date received:

15 April 2015

Integrated Development:

No

Public notification or exhibition:

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

-    Exhibition period: 6/5/15 to 19/5/15

-    Submissions: For 40          Against  69

 

Other approvals (S68/138):

Not applicable

Planning Review Committee:

6 August 2015

Delegation to determination:

Council

Issues:

·    Neighbourhood amenity impacts

·    Public submissions

 

Summary:

This development application seeks consent for the construction of two train platforms and a train storage shed to support the operation of a train within the existing railway corridor.

Licensing and accreditation for the railway operation has been granted by the relevant authorities. As such, the proposal relates only to the provision of infrastructure, and not the railway operation itself.

It is proposed to construct a train storage/maintenance shed with an attached train platform on the eastern side of the Bayshore Drive railway crossing.

The construction of a second stand alone platform is proposed on the northern side of the Lawson Street railway crossing.

The proposal is permitted with the consent of Council within the respective zones under Byron Local Environmental Plans 2014 and 1988. No specific provisions of Council’s Development Control Plans relate to railway infrastructure.

 

The site is a railway corridor and as such is suitable for railway infrastructure. The key issues with regards to the proposal relate to the positioning of the proposed infrastructure within the railway corridor. The proposed locations have been chosen by the proponent to reduce impacts on the road network. The proposal is assessed as being satisfactory in terms of impacts on the natural and built environments, subject to the imposition of conditions on the consent. These include limiting the hours of operation of the train platforms and limiting noise generation in accordance with the NSW Industrial Noise Policy (2000).

 

The development application is supported subject to conditions of 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 No. 10.2015.214.1, for railway infrastructure, be granted consent subject to conditions listed in Attachment 2 #E2015/56877.

 

Attachments:

 

1        10.2015.214.1 - Plans of proposed development - Proposed Railway infrastructure - Bayshore Drive and Lawson Street, Byron Bay, E2015/54749  

2        Conditions of consent 10.2015.214.1, E2015/56877  

3        Confidential - submission 10.2015.214.1, E2015/57021  

 

 


Assessment:

 

1.       INTRODUCTION

 

1.1     History/Background

The proposed development relates to a closed section of the Casino to Murwillumbah Railway line. The Lismore to Mullumbimby section of the line was opened on 15 May 1894 and closed on 16 May 2004. The line has only been partially maintained since its closure and has become overgrown in some sections.

1.2     Description of the proposed development

This development application seeks consent for the construction of two train platforms and a train storage shed to support the operation of a train within the existing railway corridor.

It is proposed to construct a train storage/maintenance shed with an attached train platform on the eastern side of the Bayshore Drive railway crossing (on the northern side of the railway line), to allow passengers to embark and disembark a train on the main line. This platform will form the western limit of the proposed train operation.

The construction of a second stand alone platform is proposed on the northern side of the Lawson Street railway crossing (on the eastern side of the railway line), also to allow passengers to embark and disembark a train on the main line. This platform will form the eastern limit of the proposed train operation.

Details have been submitted of a ‘Licence for Heritage Operations’ issued to Byron Bay Railroad Company Limited by Transport for NSW, and a Certificate of Accreditation issued to Byron Bay Railroad Company Limited by the Office of the National Rail Safety Regulator, to enable the construction, maintenance and operation of a railway service between the proposed train platforms. The Certificate of Accreditation specifies the rolling stock to be used as a ‘600 and 700 series Diesel Multiple Units’. The proponents have indicated that they are currently restoring a two car 660 series 100 seat diesel railmotor in heritage colours for use on the line.

The train service is intended to be operated by the ‘Elements of Byron’ resort, which is currently under construction at the northern end of Bayshore Drive, adjacent to the western platform. A pedestrian access path is proposed from this platform to Bayshore Drive, where a pathway leads to the new resort. An access driveway is also proposed from Bayshore Drive to the proposed train storage shed.

The Applicant has indicated that the primary function of the proposed storage shed is for the secure storage of the heritage train that is to operate on the line. The shed includes an inspection pit to allow safety inspections and minor maintenance works such as checking oil, water and brakes. The shed will also allow for the cleaning of the train at the completion of each days service.

The location of the proposed shed will require the removal of 21 small trees to provide a bush fire asset protection zone.

1.3     Description of the site

The subject site comprises two small sections of the Casino to Murwillumbah railway corridor, one adjacent to the Bayshore Drive crossing, and the other adjacent to the Lawson Street crossing. Both sites are predominantly clear of significant vegetation as they have been maintained since the opening of the railway line in 1894.

A small area of shrubland is located on the northern side of the proposed train storage shed near the Bayshore Drive crossing. The nearest residential dwellings to the Bayshore Drive platform are located approximately 40 metres to the south. Accommodation units are located approximately 20 metres to the north. A tavern is located approximately 100 metres to the south-west.

The land uses surrounding the Lawson Street platform include a tourist park to the east, a service station with manager’s residence and an office to the west, apartments to the north-west and a motel to the south.

 

2.       SUMMARY OF REFERRALS

 

 

Issue

ET Engineer

Water & Sewer Levies.

Development Engineer

Car parking.

 

2.1     Comments from NSW Rural Fire Service

 

The proposal was referred to the NSW Rural Fire Service for comment. In correspondence dated 19 May 2015, the following comments were received:

I refer to your letter dated 30 April 2015 seeking advice regarding bush fire protection for the above Land Use Application in accordance with Section 79BA of the 'Environmental Planning and Assessment Act 1979'.

The Service provides the following recommended conditions:

1.    The recommendations are based on the plan prepared by Harley Graham Architects, titled 'Proposed New Train Platform'. The recommendations relate to the proposed platform and shed located at the site described as "Bayshore Drive". No specific recommendations are included for the site described as "Byron Town" .

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings a re below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

2.    At the commencement of building works and in perpetuity the property around the building as indicated below, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones':

·      north and northeast for a distance of 8 metres;

·      south for a distance of 9 metres; and

·      northwest, west and southwest for a distance of 21 metres.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

3.    Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

Evacuation and Emergency Management

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

4.    An emergency/evacuation plan is to be prepared for the proposed development consistent with the NSW Rural Fire Service document 'Guidelines for the Preparation of Emergency/Evacuation plan' .

Landscaping

5.    Landscaping within the Inner Protection Areas is to comply with Appendix 5 of 'Planning for Bushfire Protection 2006'.

For any queries regarding this correspondence please contact Neil Pengilly on 1300 NSWRFS.

 

2.2     Comments from Transport for NSW and John Holland Rail Pty Ltd

 

The written consent from Transport for NSW was provided by the Applicant providing land owner authority for the lodgement of the Development Application. The proposal was also referred to John Holland Rail for comment, who is the company responsible for managing/maintaining the railway corridor. Council sought clarification as to whether future repair and maintenance works throughout the railway corridor between the two proposed stations would be carried out ‘by or on behalf of a public authority’ [i.e. Transport for NSW]. If this was the case, certain works could proceed as exempt development under State Environmental Planning Policy (Infrastructure) 2007.

Correspondence received from the Property Agreements Manager at John Holland Rail, dated 8 July 2015, advised as follows:

TfNSW wrote to the General Manager of Byron Bay Railroad Company on 18 May 2015 and stated the following:

“Please note that any works to rail infrastructure or the land, in relation to the approved purpose, are on behalf of the Licensee and not TfNSW”.

The consequence of this advice is that future works within the railway corridor will require development consent. The Applicant was consulted with regards to the comments above. The Applicant’s responded in correspondence dated 9 July 2015 as below:

“While we acknowledge the email from John Holland Rail, we maintain that those elements of the proposal not addressed via our development application are able to be undertaken in accordance with the Infrastructure SEPP.  We are pursuing this issue with Transport for NSW.  In the event that we are not able to establish this procedural pathway we will lodge a separate development application for these works, if and as required.”

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

 

Having regard for the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979, the following is a summary of the evaluation of the issues.

 

3.1.      STATE/REGIONAL PLANNING POLICIES AND INSTRUMENTS

 

Requirement

Requirement

Proposed

Complies

State Environmental Planning Policy No. 71 – Coastal Protection

Matters for consideration for development within the coastal zone:

-    retention of existing public access to the coastal foreshore

 

-    impact of effluent disposal on water quality

 

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

 

 

 

-    The proposed platforms and shed will not diminish access to the coastal foreshore

-    No effluent is proposed to be disposed other than to Council’s sewerage system.

-    Stormwater is to be conveyed to an appropriate point of discharge.

 

 

 

Yes

 

 

 

Yes

 

 

 

Yes

NSW Coastal Policy 1997

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

The development is proposed within an established railway corridor.

N/A

Building Code of Australia

The proposal must be capable of compliance with the structural and safety requirements of the Building Code of Australia.

A condition is to be recommended for inclusion in the consent to ensure the BCA requirements are met.

Yes

Demolition

Demolition works involving asbestos must be carried out in accordance with the requirements of Workcover and Australian Standards.

N/A

Disability Access (DDA)

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

A condition is to be included within the consent requiring access to be provided in accordance with the Building Code of Australia.

Yes

State Environmental Planning Policy N. 33 – Hazardous and Offensive

To ensure that in determining whether a development is a hazardous or offensive industry, any measures proposed to be employed to reduce the impact of the development are taken into account.

It is proposed that the train will be refuelled via tanker.  The proposed development does not constitute hazardous development – it is understood from information provided by the applicant (E2015/52793) that there will be no dangerous materials stored on the subject site.  Consent conditions have been imposed to this effect.

Yes

State Environmental Planning Policy No 55 – Remediation of Land

The Council must:

(a)  consider whether the land is contaminated; and

(b)  if the land is contaminated, if the land is suitable in its contaminated state or after remediation; and

(c)  be satisfied before the land is used.

 

Where a change of use is proposed the Council must consider a report provided by the applicant specifying the findings of a preliminary investigation (and detailed investigation if necessary) of the land in accordance with the contaminated land planning guidelines.

The proposed development comprises the construction of a rail shed, two rail platforms and tree removal.  The land on which the development will be located is within an existing railway corridor.  It considered that the proposal will not result in an increased sensitivity of use.  The subject railway corridor land is considered to be suitable for the intended development.

Yes

* Issues discussed below

 

State/Regional Planning Policies and instruments – Issues

 

No significant issues of concern in relation to these matters.

 

3.2.    BYRON LOCAL ENVIRONMENTAL PLAN 2014

Zone: SP2 Infrastructure (Railway Corridor)

Definition: Railway Infrastructure

Part of the Lawson Street platform falls into the SP2 Zone under Byron Local Environmental Plan 2014. The key requirements of this LEP are discussed in the table below:

LEP Requirement

Summary of Requirement

Complies?

Permissible use

The purpose shown on the land zoning map for this site is “Railway Corridor”. The proposed train platform is ancillary to this land use and is permissible within the SP2 Zone.

Yes

Meets objectives of SP2 Infrastructure Zone

·    To provide for infrastructure and related uses.

·    To prevent development that is not compatible with or that may detract from the provision of infrastructure.

Yes

 

Yes

4.3: Height of buildings

Maximum Height of buildings map 9.0m

Yes

5.5: Development within the coastal zone

·    Check: 5.5

·    Check: NSW Coastal Policy

Yes

5.9: Preservation of trees or vegetation

The proposed tree removal is supported as per with the Environmental Assessment prepared by Peter Parker Environmental Consultants, dated 13 April 2015. Development consent has been sought as part of this application for the proposed tree removal.

Yes

6.1: Acid sulfate soils

Council’s records indicate that the subject site is affected by “Class 3” Potential Acid Sulfate Soils (PASS).

Condition to limit earthworks to no greater then 1.0 metre.

6.2: Earthworks

Maximum excavation & fill: 1m

Yes

6.3: Flood planning

Refer to comments within issues Section below.

Yes

6.6: Essential Services

·    water,

·    sewer,

·    electricity

·    stormwater

·    vehicle access

Yes

Yes

Yes

Yes

Yes

*        Issues discussed below

Byron Local Environmental Plan 2014 – Issues

Clause 6.3 – Flood Planning

Parts of the railway corridor are flood liable, but where the two railway stations are to be constructed, that area is not flood liable.

The SEE states, in part, “…..the proposed works are not likely to restrict the flow characteristics of flood waters or increase the level of flooding on other land in the vicinity and that the building will be adequately flood proofed…..”, and also, “…..the proposed railway station…..will not result in significant adverse impacts on flood behaviour or the environment …..the proposed structures are non habitable…..”

Accordingly, the proposed railway station structures and access paths are satisfactory in respect to flooding issues.

Byron Local Environmental Plan 1988

Zone: 5(a) Special Uses Zone (Railway) and 7(f2) Urban Coastal Lands Zone

 

Definition: Railway Infrastructure

Part of the Lawson Street platform falls into the 5(a) Special Uses Zone and the 7(f2) Urban Coastal Lands Zone under Byron Local Environmental Plan 1988. The Bayshore Drive Platform falls within the 5(a) Special Uses Zone. The key requirements of this LEP are discussed in the table below:

 

LEP Requirement

Summary of Requirement

Proposed

Complies

Meets zone objectives

(a)  to protect and enhance the long term potential of the Shire of Byron through the preservation of the higher quality agricultural land within the zone and to restrict all forms of development within the zone which, in the opinion of the council, might prejudice such potential,

(b)  to prevent fragmentation of rural holdings and to encourage consolidation of lot sizes for the purposes of agricultural and horticultural production,

(c)  to enable agricultural support facilities to be carried out on land within the zone in a manner which does not significantly reduce the agricultural and horticultural production potential of land in the locality,

(d)  to permit subdivision only where it is considered by the council to be necessary to maintain or increase agricultural production or to allow the conduct of any use permitted in this zone other than residential buildings, or where proven demand for legitimate agricultural or horticultural holdings of a smaller size is established,

(e)  to restrict the establishment of inappropriate traffic generating uses along main road frontages, and

(f)  to establish appropriate buffer zones between high quality agricultural land and other uses, particularly near the perimeter of such lands.

The proposed road transport terminal and shed do not compromise the objectives of the zone.

Yes

Permissible use

The particular purpose indicated by black lettering on the map for the 5(a) Special Uses Zone for this site is “Railway”. The proposed railway infrastructure is ancillary to a railway and is permitted with the consent of Council in this zone.

Yes

The proposed railway infrastructure is permitted with the consent of Council in the 7(f2) Urban Coastal Lands Zone.

Yes

Meets objectives of 5(a) Special Uses Zone

The objectives of this zone are to designate land for certain community facilities and services including areas for off-street parking in private ownership.

The proposed railway infrastructure will support a railway operation which will serve the community.

Yes

Meets objectives of 7(f2) Urban Coastal Lands Uses Zone

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

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

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

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

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

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

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

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

The proposed train platform adjacent to the Lawson Street crossing is located over 140 metres from the coastal erosion escarpment. The proposed structure is light weight and could be removed without significant demolitions works. The proposal does not compromise the objectives of the zone.

Yes

Clause 24 – Development of Flood Liable Land

Council must be satisfied that:

-    flow characteristics of flood waters are not restricted;