Attachments of Ordinary Meeting

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.3 - Attachment 2

INFORMATION ABOUT THIS DOCUMENT

Date Adopted by Council		Resolution No.
Policy Responsibility
Review Timeframe	Minimum of every 5 years
Last Review Date:		Next Scheduled Review Date

Document History

Doc No.	Date Amended	Details Comments eg Resolution No.
E2013/51669		As presented to the Markets Policy Review PRG Meeting on 30/1/14.
E2014/5260	30/01/14	Created to include revisions from the Markets Policy Review PRG Meeting on 30/1/14.
E2014/15483	06/03/14	Created to include revisions from the Markets Policy Review PRG Meeting on 6/3/14.
E2014/30327	08/05/14	Created to include revisions from the Markets Policy Review PRG Meeting on 8/5/14.
E2014/55208	03/07/14	Created to include revisions from the Markets Policy Review PRG Meeting on 3/7/14.
E2015/11857	25/11/14	Created to include revisions from the Markets Policy Review PRG Meeting on 25/11/14. Reported to Council I2015/331
E2015/33306	22/5/2015	Res 15-228 place on exhibition. Advertisement E2015/33298 from 4/6/2015 to 2/7/2015
E2015/33306	02/09/2015	Proposed changes to Section 3.6 as a result of public submission feedback

Further Document Information and Relationships

Related Legislation

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

Related Policies

Business Ethics Policy
Council’s Code of Conduct

Related Procedures/ Protocols, Statements, documents

Sustainable Community Market Regulating Code

Note: Any reference to Legislation will be updated in the Policy as required. See website http://www.legislation.nsw.gov.au/ for current Acts, Regulations and Environmental Planning Instruments.

TABLE OF CONTENTS

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

2. DEFINITIONS.................................................................................................................. 1

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

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

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

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

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

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

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

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

1. OBJECTIVES

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

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

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

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

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

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

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

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

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

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

2. DEFINITIONS

Artisan Market A Market that primarily features artisans, contemporary art, handicraft and designers, along with wellbeing practitioners and food producers.

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

Farmers Market A regular Market that primarily features fresh food, at which Northern Rivers regional farmers and producers sell their own local farm-origin produce, and associated value-added products directly to consumers.

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

Local Person A Local Person is:

a) a resident of the Local Area, or

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

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

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

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

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

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

Stall Holder A person to whom a stall site is issued by the Market Manager.

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

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

3. POLICY STATEMENT

3.1 Scope of this Policy

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

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

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

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

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

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

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

3.2 Market Licence

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

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

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

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

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

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

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

3.3 Temporary Market Licence

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

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

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

d) All Temporary Market licence fees shall be determined by Council and included in Council’s adopted fees and charges.

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

3.4 Market Frequency

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

3.5 Development Consent

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

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

3.6 Market Licence Assessment Criteria

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

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

Demonstrate the following:

i. Ability to develop, implement and monitor a Market Management Plan in accordance with Council’s Sustainable markets Regulatory Code.

ii. Experience in Market Management and meeting market licence conditions.

iii. Knowledge of Byron Shire’s Market culture.

iv. Experience with, and commitment to, environmental and sustainable operations and initiatives.

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

vi. The benefits to the local economy for:

a. Local employment and small business,

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

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

3.7 Allocating Market Stall Spaces

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

i. Local Person

ii. Not a Local Person but a resident of the Northern Rivers Region

iii. Others.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.5 - Attachment 1

Minutes of the Byron Shire Council Public Art Assessment Panel Meeting held on Thursday 6 August 2015

E2015/52311

PRESENT: Cr S Richardson

Staff: Joanne McMurtry (Community Policy Officer)

Greg Ironfield (Manager Community Development)

Andy Erskine (Superintendent Parks)

Community: Peter Wood (Arts Northern Rivers) (By teleconference)

Suvira McDonald (Community Artist member)

Tracey Whitaker (Community member)

Denise Napier (Community member)

Simon Richardson opened the meeting at 1.45pm and acknowledged that the meeting was being held on Bundjalung Country.

APOLOGIES: Cr P Spooner, Rick Molloy (Practising Artists Network), Paula Cordeiro (Community Artist member), Michele Zarro (Community member)Gavin Brown (Bundjalung of Byron Bay Aboriginal Corporation (Arakwal))

DECLARATIONS OF INTEREST – PECUNIARY AND NON-PECUNIARY

Suvira McDonald declared an interest in item 5.3 re Mullumbimby Sculpture Walk, being that he is one of the main proponents in the project; and also in item 6.6 given that he is one of the artists submitting work for the Brunswick Nature Sculpture Walk.

CONFIRMATION OF A QUORUM:

There are ten people on the Panel. Quorum numbers were met.

CONFIRMATION OF PREVIOUS MINUTES:

That the minutes of the Public Art Assessment Panel meeting held on 7 May 2015 be adopted.

(McDonald/Richardson)

BUSINESS ARISING FROM PREVIOUS MINUTES (Verbal updates)

5.1 Unity Pole

As the pole is starting to crack in a few places the owners of the pole have decided it would be best not to use it for the beachfront area at this time. They may create a new pole with more seasoned wood that would work better for that specific area and will keep us up to date with progress.

5.2 Priority public art locations in Ocean Shores and Suffolk Park

The Manager of Sustainable Development provided information about land ownership and constraints using Council’s mapping system and several specific locations were discussed. The following areas were identified for further investigation:

Ocean Shores:

· Water Lilly Park

· Ocean Shores Community Centre

· The following roundabouts: Rajah Rd (town entry area), Orana Rd and Shara Boulevard near the new Sports Fields, Tweed St entry to Brunswick Heads.

· RMS own the land within 55m of a roadway (Pacific Motorway) and the Roads Act will have requirements that need to be met.

· The local road bridge over the Brunswick River.

· There was discussion about incorporating water into roundabout art however electrical services tend to be not very deep in the ground at roundabouts so this will need to be considered.

· The entry/ exit to Ocean Shores shops – there is a grassed area that could be used for public art.

Suffolk Park:

· Community Centre

· Clifford St intersection (there will be a roundabout included in an upgrade of this intersection)

· Roundabouts near the BP service station (Beech Drive) and at Baywood Chase entrance (Beech Drive).

· Near the Skate Park and around the Lake.

· Land between the lake and the roundabout at Beech Drive (north).

· Even the Green Garage roundabout.

Discussion about devising a catchy name for Roundabout Art across the Shire.

Action:

· Add to the next PAAP agenda – ideas for the first roundabout piece for commissioning.

5.3 Mullumbimby Sculpture Walk

Suvira McDonald reported:

· The poles for the sculpture have been located

· A community member in Mullumbimby has offered his acreage to prepare the poles

· Have been talking with SCU and Byron Bay Community College about students to help with the project

· Will probably engage a contractor to build the sculpture

· The crowd funding campaign raised $11,000 which was matched by Community Partnerships Australia, plus the $5,000 donated by Council.

5.4 Electricity Padmount Substations

The contract has been signed with both artists delivering the artwork on the Electricity Padmount Substations. The Byron Bay project have had concept designs approved by the small committee of the PAAP and also Essential Energy and is to commence on Monday 10^th August and will take a few days to do. The Mullumbimby project is at the concept design stage.

5.5 Public Art Small Grants

The 50% up front payments for the four Public Art Small Grants awarded, have been paid and acquittal forms provided to gather information about the project prior to the final payment being made. Projects need to be finalised before the 30 June 2016.

5.6 Judy Cassab Paintings

These are now hanging on the Byron Bay Library in the Quiet Study Room. Below is a photo.

Action:

· The PAAP request that a didactic of Judy Cassab be displayed with the paintings. Staff to draft and Peter Wood and Suvira McDonald will assist with editing.

PUBLIC ART PROPOSALS

Peter Wood joined the meeting by telephone at 2.45pm.

6.1 Memorial Seat, Brunswick Heads

A Public Art Small Grant was allocated to assisting with the professional designs for this project. Following the submission of those designs, the Public Art Assessment Panel were happy with the final concept designs.

Resolution 14 – 602, part 2 stated: “In relation to the Memorial Mosaic Seat in Brunswick Heads, Council accepts the donation of a Memorial Mosaic Seat, placed in a suitable location on Council land in Memorial Park, Brunswick Heads, subject to the Public Art Assessment Panel (PAAP) members meeting with the artist around some design questions and being satisfied with the final concept designs.”

RECOMMENDATION 6.1:

That the Public Art Assessment Panel recommend to Council that further to resolution 14-602, the PAAP reiterate their support for this project.

(Wood/ Richardson)

6.2 Public Art Proposal – Simpson’s Sofa, Brunswick Heads

Simpson’s Sofa has been presented to the Public Art Assessment Panel previously as a request for a Public Art Small Grant. The piece is planned as part of the Brunswick Nature Sculpture Walk and the organisers would like it installed as a permanent sculpture which is the subject of this report.

RECOMMENDATION 6.2:

That the Public Art Assessment Panel recommend to Council to accept the donation of ‘Simpson’s Sofa’ as a permanent sculpture installation in South Beach Park, Brunswick Heads.

(Whittaker/ Napier)

6.3 Public Art Proposal – Bus Shelter Cnr Jonson and Carlyle Streets, Byron Bay

A property owner on Jonson Street adjacent to the existing bus stop has offered to pay for the bus stop to be ‘refreshed’ to deter graffiti. It has been suggested that the artist Dave McElvenny be engaged to undertake a public artwork and examples of his previous work is included in the report.

RECOMMENDATION 6.3:

That the Public Art Assessment Panel recommend to Council to accept the donation of a public artwork on the Jonson Street bus shelter to deter graffiti.

(Napier/ Richardson)

Action:

· Request that the artist to review the colour, size and location of the logo on the artwork to be more sympathetic in the art piece

· Find out if the artwork will be mounted on the bus shelter or painted straight onto it.

· Suggest replacing the bus timetable on the side of the bus shelter or on the pole so as not to obstruct the artwork.

6.4 Public Art Request for Council support for ‘Inside Out’ Project

A request has been received to support the ‘Inside Out’ Project in Bangalow with a donation of $1300.

RECOMMENDATION 6.4:

That the Public Art Assessment Panel recommend to Council that whilst the value and creative worth of the project is recognised, the request for funding is declined. The PAAP supports the proponents to work with the Bangalow community to raise the funds.

(Richardson/McDonald)

6.5 Public Art Commissioning Proposal – Water Infrastructure in Byron Shire

Following a recent ‘experiment’ on the Bangalow Water Tank to deter graffiti, it has been identified that public art may alleviate some of the vandalism and graffiti on a range of water infrastructure around the Byron Shire. The report outlines a public art commissioning proposal.

RECOMMENDATION 6.5:

That the Public Art Assessment Panel recommend to Council to commission public artwork on the following water infrastructure in the Byron Shire, to be funded from water and sewer budgets:

1. Paterson’s Hill Water Tank

2. Wategos Water Tank

3. Warrumbool Road Reservoir

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

(Wood/ Napier)

Action:

· Denise will advise possibilities of using banner-mesh for large projects such as the Paterson’s Hill Water Tank. Can we find out if this PVC is recyclable?

· Staff to create a brief for this project and email around to Panel members. The idea of running a competition could be considered. Could also consider tying with the new Byron brand.

6.6 Public Art Proposal – Individual Artwork Submissions for temporary event – Brunswick Nature Sculpture Walk

Suvira McDonald did not participate in the vote for this item.

The Public Art Assessment Panel has previously supported the Brunswick Heads Nature Sculpture Walk with a $5,000 donation in 2014 (14-602), and recently with two Public Art Small Grants of $500 each (15-249). In addition, the event received $2,000 from the Events and Festival Sponsorship Fund to make a documentary film of the event, for assistance with promotional materials and the engagement of a structural engineer. The report outlines the individual artwork submissions for consideration.

RECOMMENDATION 6.6:

That the Public Art Assessment Panel recommend:

1. 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.

2. 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.

(Napier/Whittaker)

6.7 Public Art in redevelopment of the Main Beach Backpackers (old Council Chambers) in Byron Bay

As per the Byron Shire Development Control Plan 2014 – Chapter D8 – Public Art, certain new developments are to show how they incorporate public art within the project. The redevelopment of the Main Beach Backpackers (old Council Chambers) in Byron Bay is such a development. The report provided proposed plans to incorporate public art in this new development and requested the Public Art Assessment Panel use their art expertise to consider the proposal and provide advice to staff.

Action:

· That a meeting between the developer and PAAP members be set up to facilitate a public art outcome.

6.8 Public Art Proposal – Donation of painting by Rose McKinley

The artist, Rose McKinley, would like to donate a painting to hang in the Byron Bay Library.

RECOMMENDATION 6.8:

That the Public Art Assessment Panel recommend to Council:

1. To accept the donation of ‘Minyon Falls with Wesley Stacey’ to hang in the Byron Bay Library, and

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

(Wood/ Whittaker)

GENERAL BUSINESS

· The Public Art Assessment Panel agreed that a letter of support can be provided to the Tweed Street Ten Seat Project for a further two seats under development, to support grant funding applications.

8. DATE AND TIME OF NEXT MEETING

The next meeting of the Public Art Assessment Panel will be 1.30 – 3.30pm 5 November 2015.

There being no further business the meeting concluded at 4.05pm.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.10 - Attachment 1

E8.5 Relationship to other Plans and Policies

Relevant State Environmental Planning Policies (SEPP) and Byron Local Environmental Plan (LEP) 1988 are the statutory environmental planning instruments applicable to the site and will prevail over any inconsistencies with provisions contained in the Chapter.

State Environmental Planning Policy (West Byron Bay) 2014 amended the Byron LEP 1988 by inserting Clauses 65 – 101 and identified the site as an urban release area on the 14 November 2014. Clause 101 requires the preparation of a DCP for the West Byron Urban Release Area. The West Byron SEPP after amending the Byron LEP 1988 was subsequently repealed the following day.

The flow chart below provides a summary of the relationship between the now repealed SEPP and the DCP Chapter.

Development within West Byron Bay will need to comply with this chapter, as well as other relevant chapters in the Byron Shire DCP 2014 set out in Table E8.1. In the event of any inconsistency between this DCP Chapter and other Chapters within Byron Shire DCP 2014 or any other plan or policy of Council, this chapter will prevail to the extent of the inconsistency.[c3]

Table E8.1 Relevant Provisions of the Byron Shire DCP 2014

Section and Provisions of Byron Shire DCP 2014
Part A Preliminary
Part B Controls Applying Generally to Development Applications Chapter B2 Preservation of Trees and Other Vegetation Chapter B3 Services Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access Chapter B5 Providing for Cycling Chapter B6 Buffers and Minimising Land Use Conflict Chapter B7 Mosquitoes and Biting Midges Chapter B8 Waste Minimisation and Management Chapter B9 Landscaping Chapter B10 Signage Chapter B11 Planning for Crime Prevention Chapter B12 Social Impact Assessment Chapter B13 Access and Mobility Chapter B14 Excavation and Fill
Part C Further Controls Applying to Land with Specific Constraints and Environmental Characteristics Chapter C1 Non-Indigenous Heritage Chapter C2 Areas Affected by Flood Chapter C3 Visually Prominent Sites, Visually Prominent Development and View Sharing Chapter C4 Development in a Drinking Water Catchment
Part D Further Controls Applying to Specific Land Uses Chapter D1 Residential Accommodation in Urban, Village & Special Purpose Zones Chapter D2 Residential Accommodation and Ancillary Development in Rural Zones Chapter D3 Tourist Accommodation Chapter D4 Commercial and Retail Development Chapter D5 Industrial Development Chapter D6 Subdivision Chapter D7 Sex Services Premises Chapter D8 Public Art

Section and Provisions of Byron Shire DCP 2014

Part A Preliminary

Part B Controls Applying Generally to Development Applications

Chapter B2 Preservation of Trees and Other Vegetation

Chapter B3 Services

Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access

Chapter B5 Providing for Cycling

Chapter B6 Buffers and Minimising Land Use Conflict

Chapter B7 Mosquitoes and Biting Midges

Chapter B8 Waste Minimisation and Management

Chapter B9 Landscaping

Chapter B10 Signage

Chapter B11 Planning for Crime Prevention

Chapter B12 Social Impact Assessment

Chapter B13 Access and Mobility

Chapter B14 Excavation and Fill

Part C Further Controls Applying to Land with Specific Constraints and Environmental Characteristics

Chapter C1 Non-Indigenous Heritage

Chapter C2 Areas Affected by Flood

Chapter C3 Visually Prominent Sites, Visually Prominent Development and View Sharing

Chapter C4 Development in a Drinking Water Catchment

Part D Further Controls Applying to Specific Land Uses

Chapter D1 Residential Accommodation in Urban, Village & Special Purpose Zones

Chapter D2 Residential Accommodation and Ancillary Development in Rural Zones

Chapter D3 Tourist Accommodation

Chapter D4 Commercial and Retail Development

Chapter D5 Industrial Development

Chapter D6 Subdivision

Chapter D7 Sex Services Premises

Chapter D8 Public Art

E8.6 Background Information

This chapter is based on information obtained from the State Significant Site (SSS) Study for the West Byron Bay Urban Release Area. The technical studies completed as part of the SSS Study are set out in Table E8.2. These are available from the NSW Department of Planning and Infrastructure’s website www.planning.nsw.gov.au.

Table E8.2 State Significant Site Study – Technical Studies

Issue	Technical Study	Author	Date
Acid Sulfate Soils	Preliminary Acid Sulfate Soils Assessment	Southern Cross University Environmental Analysis Laboratory	December 2010
Air Quality	Odour & Air Quality Constraints West Byron	PAE Holmes	December 2010
Air Quality	Options for Future Development on West Byron SSS Site: Odour Constraints	PAE Holmes	May 2012
Aquatic Ecology	Aquatic Assessment of West Byron Urban Land Release Program	Peter Parker Environmental Consultants Pty Ltd	August 2010
Bushfire	Bushfire Assessment	LandPartners	December 2010
Civil Engineering	Byron West Engineering Advice	Cardno	April 2011
Contamination	Preliminary Contamination Land Assessment	EAL Consulting Service	December 2010
Cultural Heritage	Proposed West Byron Urban Release Area Cultural Heritage Assessment	Jacqueline Collins (Consultant Archaeologist)	December 2010
Ecology	Preliminary Ecological Assessment	LandPartners	August 2010
	Ecological Assessment West Byron Project	Australian Wetlands Consulting Pty Ltd	December 2010
	West Byron Urban Land Release Area: Response to Submissions Received during Public Exhibition Period – Ecological Matters	Australian Wetlands Consulting Pty Ltd	April 2012
Flooding	West Byron Flood Impact Assessment	BMT WBM	December 2010
	West Byron Flood Impact Assessment – Assessment Revision - Correspondence	BMT WBM	22 November 2011
	West Byron Flood Impact Assessment – Response to Submissions - Correspondence	BMT WBM	22 March 2012
	West Byron Bay Development Proposal – Flooding – Final Report	WMA Water	21 June 2012
Geotechnical	Geotechnical Assessment for Development of West Byron/Belongil Fields	Shaw Urquhart	June 2010
Koala Management	West Byron Urban Release Area Response to Submissions by Byron Shire Council and Office of Environment and Heritage – Koala Management	Austeco Environmental Consultants for Setscan Pty Ltd	6 November 2012
Koala Management	Koala Management in the West Byron Urban Release Area – Memorandum to Byron Bay West Landholders Association	Austeco Environmental Consultants for Setscan Pty Ltd	16 November 2012
Land Use Conflicts	Land Use Conflict Risk Assessment	LandPartners	December 2010
Mosquitoes	Mosquito Risk Assessment	Sydney West Area Health Service	December 2010
Noise	Revised Preliminary Acoustic Advice	TTM Acoustics	June 2010
Retail and Commercial Demand	West Byron Urban Release Area Retail and Commercial Demand Study	Hill PDA	July 2010
Social Impact	West Byron Urban Release Area Housing and Human Services Study Social Impact Assessment	BBC Consulting Planners	February 2011
Traffic	West Byron Development Transport Study	Veitch Lister Consulting	March 2011
Traffic	West Byron Development Transport Study – Supplementary Report on Changes in Level of Service	Veitch Lister Consulting	March 2011
Urban Design	West Byron Urban Release Area Enquiry-by-Design Workshop Outcomes Report	Deicke Richards Architects	September 2010
Urban Design	Summary of Issues and Proposed Resolution of Traffic Noise, Visual Impact and Urban Design along Ewingsdale Road	TTM Acoustics, Ennismore Field P/L & Deicke Richards P/L	May 2011
Visual Impact	West Byron Urban Release Area Visual Assessment	Ennismore Field Pty Ltd	Undated
Water Management	West Byron Urban Land Release Project Report	The Water & Carbon Group	October 2010

E8.7 Interpretation

In this chapter Urban release area is the West Byron Bay site identified under Part 4 of the Byron Local Environmental Plan 1988.

Any other word or expression used in this Chapter has the same meaning as it has in the standard instrument (as prescribed by the Standard Instrument (Local Environmental Plans) Order 2006) unless it is otherwise defined in this Chapter. Where the word or expression is not defined in the standard instrument, it will have the same meaning as defined in the Byron Shire DCP 2014. Wherever any discrepancy arises, the provisions used in the standard instrument prevail.

Where not otherwise defined, the meaning is to be taken as the meaning most commonly understood. A reference in this Chapter to any Australian Standard or legislation includes a reference to any amendment or replacement as made.

Notes: are included in this document to provide additional guidance and explanation of the provisions. These notes are not part of the formal provisions of the Chapter

E8.8 Compliance with Objectives and Controls in this Chapter

Clauses in this plan contain Objectives, performance criteria and prescriptive measures. The prescriptive measures are requirements that Council considers likely to meet the objectives and performance criteria. In certain circumstances applicants can propose alternate solutions to the prescriptive measures, however they will need to demonstrate that the alternative design satisfies the objectives and performance criteria for that clause. Further information is provided in Part A of DCP 2014 (see Clause A12) where an explanation is provided on dual path assessment.

E8.9 Notification of Development Applications

Notification of development applications will be undertaken in accordance with Part A of the Byron Shire DCP 2014.

E8.10 Design Principles

The development of the site is underpinned by the following key design principles:

Legible and connected

a) A vibrant mixed use village centre to provide a community meeting place and to provide retail and commercial opportunities

b) a street pattern that connects the new residential areas with the mixed use village centre, the light industrial area and local parks

c) neighbourhoods where residents can safely walk or cycle to the local shops and open space

d) public transport, cycle and pedestrian ways that links with existing networks.

e) high speed broadband to the entire estate

Reinforcing the natural environment

a) high quality streetscapes with generous green verges, street trees and footpaths with access to safe open space areas

b) Appreciation of areas of high quality habitat for conservation

c) Residential open space areas which link with the natural environment

Innovative and integrated

a) mixture of dwellings types to improve housing choice for a variety of residents and budgets and create diversity in the built form

b) housing arrangements different to the existing model in Byron Shire including small lot housing and co-operative housing

c) Clearly defined entry statements at the access points from Ewingsdale Road

Amenity

a) Residents and properties are protected from hazards including flooding and bushfire

b) Coherent buffers provided to Ewingsdale Road and other environmental constraints.

Concept and Staging Plan[c4]

A Staging and Concept Plan has been developed for the site as shown in Appendix A and B. The plans form the basis for urban development by setting out:

a) access points from Ewingsdale Road and associated intersection treatments

b) a key circulation route through and around the development area including cycleways

c) the location of future land uses including low and medium density residential development, the neighbourhood centre, the light industrial area, and open space

d) buffers to Ewingsdale Road

e) the identification of environmental conservation and management areas for revegetation

f) landscaping and street trees

Both plans are indicative and further changes to the layout and or staging may occur through the development of West Byron and further assessment. Where major variations are proposed the applicant will be required to demonstrate the development remains consistent with the Design Principles in this section.

E8.10.1 Staging Plan

Objectives

1. Enable the orderly development of the site.

2. Enable land to be developed in a co-ordinated fashion.

Performance Criteria

1. Land use development will be integrated, coordinated and planned in line with the provision of infrastructure

2. All infrastructure will be designed to provide a high standard of living for residents and a vibrant, well serviced village centre and industrial estate.

3. Rehabilitation and re-vegetation works are to be delivered in a timely manner and in accordance with management plans.

Prescriptive Measures

1. West Byron is to be developed in two main stages generally as shown in Appendix A Staging Plan.

2. Stage 1 to comprise the following minimum infrastructure and works to enable the site to be subsequently developed for commercial, residential and industrial land uses.

a) The two roundabouts on Ewingsdale Road – Details to be submitted and approved as to the timing of construction of the roundabouts to minimise disruption to traffic flows on Ewingsdale Road. The roundabout at the intersection of Bayshore Drive and Ewingsdale Road to be designed and constructed with a concrete pavement to facilitate heavy vehicle movements into West Byron.

b) The start of the two ends of the Main Spine Road for a length of approximately 250 metres to the first major internal intersections;

c) Legal access to roads and services for any allotments (including Lot 1 DP780242) not having land frontage to the constructed Main Spine Road;

d) Closing of Melaleuca Drive from Ewingsdale road and measures to ensure access to other properties on this road.

e) Noise attenuation measure to Ewingsdale Road including earth bunds, noise fencing and landscaping to satisfy the Australian Standard;

f) Trunk water services (including Dual Reticulation mains to service the IN2 Light Industrial Zone and B1 Neighbourhood Centre Zone) for the length of the constructed roads;

g) Main Trunk Sewer infrastructure, pump stations and other necessary sewage infrastructure for the length of the constructed roads;

h) Bulk Earthworks to satisfy the flooding and stormwater requirement for the site including the reconstruction of the main stormwater drain through to the point of discharge;

i) Any necessary stormwater infrastructure to service this Stage including embellishment and landscaping of the main drain in this Stage. Where appropriate drainage work in Stage 2 can commence with Stage 1 including works on the main drain.

j) Bulk Earthworks for Central Park on Ewingsdale Road (not embellishment) zoned RE1;

k) Acid Sulfate Soils Management Plan for the entire site, Water Management Plan for Belongil Creek including baseline data, monitoring and hold points in the event that water quality is adversely affected by the development, and Biodiversity Conservation Management Plan including a program for environmental management and staged rehabilitation for the E2 and E3 Zones;

l) Identification and protection of any special cultural or heritage places for the entire site;

m) Construction of the pedestrian/ cycleway for the full frontage of Ewingsdale Road and other pedestrian/ cycleways through Stage 1 as required;

n) General landscaping, street trees and the like where relevant to Stage 1 for the sections of roads being constructed;

o) Subdivision for the purpose of creating super or master lots and smaller site specific residential, commercial and industrial lots where appropriate;

p) Address the provisions for the West Byron Village Centre Precinct under Clause E8.10.10.1

q) Design for the construction and embellishment of the Park adjacent to the B1 Zone. The timing for the dedication of the park to be linked with the development of the B1 Zoned Land and the adjacent R3 Zone Land.

r) Any landscaping or buffer treatments as required under Clause E8.10.5.1.

s) General timing and sequencing of work within this stage.

t) Applicants to demonstrate that Infrastructure to be constructed at Stage 1 is designed to accommodate the expected population yield for West Byron.

Subsequent development applications for residential, business and industrial development including subdivision to demonstrate how they will be co-ordinated with infrastructure being provided with the Stage 1 approval.

3. Stage 2 - Stage 2 to comprise the following works and infrastructure:

a) Completion of the Spine Road link;

b) Completion of trunk water supply and sewer links;

c) Any other necessary stormwater infrastructure to service this Stage;

d) Compliance with any plans of management or Cultural Heritage recommendations approved in Stage 1:

e) General landscaping, street trees and the like where relevant to Stage 2 for the sections of roads being constructed;

f) Subdivision for the purpose of creating super or master lots or smaller site specific residential lots where appropriate;

g) Any landscaping or buffer treatments as required under Clause E8.10.5.1;

h) Embellishment of the Central Park on Ewingsdale Road; and

i) General timing and sequencing of work within this stage.

Subsequent development applications for residential, including subdivision to demonstrate how they will be co-ordinated with the infrastructure being provided within Stage 2.

4. Where road reserves are to be dedicated to Council they are to terminate at the property boundary to ensure access to adjoining properties.

5. Where drain crossings over Crown Land or other public property are deferred from Stage 1 to Stage 2, details to be submitted to Council outlining how the construction of the crossing will be financed including the agreement of land owners where nominated.

E8.10.2 Housing Subdivision Layout, Orientation and Diversity

The subdivision layout needs to consider not only orientation, vegetation and constraints but also provide for suitably located and shaped lots for a diverse range of housing types in addition to standard single dwelling lots. In addition to the minimum lot size provisions under Byron LEP 1988 the following controls apply.

Element Objectives

1. To facilitate the provision of a diversity of dwelling types and land tenure to service the needs of residents at different stages of life.

2. Street layout and the configuration and sizing of residential lots is responsive to site characteristics and achieves the following outcomes wherever possible:

a) potential for solar access to the main living areas and private open space of future dwellings on each lot, is maximised;

b) lots are oriented so that future buildings can make best use of the site’s characteristics (e.g. desirable views/ outlook, most suitable access) in order to maximise amenity and privacy and keep building and running costs to a minimum;

c) potential for overshadowing and overlooking of neighbouring dwellings and their private open space, is minimised.

3. Consideration to be given to the residential controls when planning lots sizes and dimensions in relation to car parking, open space and landscaping areas and building footprint.

Performance Criteria

1. A diversity of lot sizes and dwelling types, to suit different household structures.

2. Higher density development lots sited in proximity to walkways, cycleways, parkland, and public transport. Corner lots and lots with rear lane access to facilitate alternate access arrangements that reduce the number of driveways across the primary street frontage are preferred.

3. Subdivision design addresses existing vegetation (to be retained), bushfire and other environmental constraints in terms of the location and sizing of lots.

4. The configuration, shape and size of lots maximises solar access to each lot and are of appropriate shape and width to accommodate dwelling designs where the main indoor and outdoor living spaces can be orientated to the north, north east or north west.

5. Consideration to be given to the siting of dwellings in the design of subdivision for small lots.

Prescriptive Measures

1. Applications for subdivision to be generally in accordance with the Concept Plan for West Byron. Details to be submitted with the relevant application demonstrating how access to properties on Melaleuca Drive will be provided and maintained.

2. A minimum building envelope of 12m x 15m to apply in R2 zone and 12m x 10m in the R3 Zone for vacant residential allotments.

3. Subdivision layouts provide rectangular shaped lots with the long side of the lot aligned on a general east-west or north-south axis wherever possible, in order to maximise the potential for solar access to future dwellings. (see note below and figure E8.2)

Figure E8.2 Alignment of Subdivision Lots[j5]

4. The use of battle-axe lots is to be kept to an absolute minimum. To ensure a suitable residential area to build upon, the access handle to not be include in the lot size calculations. Access handle widths to comply with Chapter D6 of Byron DCP 2014.

5. Dual Occupancy, Multi Dwelling Housing, residential flat buildings and Integrated Housing lots in the R2 Zone are to be designed as follows:

a) The plan of subdivision to clearly nominate lots for dual occupancy, multi dwelling housing, residential flat buildings and integrated housing as per Clause 83 of Byron LEP 1988.

b) Lots nominated for higher densities than single dwelling housing should be carefully chosen having regards to vehicle access, solar orientation, location of pedestrian paths and cycleways and public opens pace areas and the residential controls contained within this Chapter.

c) Dual occupancy, multi dwelling housing, residential flat building or integrated housing lots to have a minimum dimensions of 25 metres on a general north -south axis with secondary street or rear lane access.

d) Such lots are not to be clustered in one location but generally dispersed throughout the R2 Zone.

6. Subdivision with the R3 Zone to have careful consideration to the final built form in terms of vehicle access and car parking, solar orientation, private open space, and the public domain. Accordingly it is preferable that master or super lots be created with an area greater than 1000m², which can be subsequently developed and purposely planned for medium density residential development. Such lots should have dual frontage as a minimum in terms of either a corner lot, rear lane access or extend through from one street to the next street.

Where vacant small lots are proposed pursuant to Clause 81 of Byron LEP 1988, the following controls are to apply in the R3 Zone:

a) Access to be provide by way of a rear lane, secondary street or reciprocal right of carriageway to be incorporated into the subdivision design to provide access to the rear of these properties. In circumstances where access is provided via a battleaxe handle, the area of the handle to be excluded from the lot size calculation. Access to be designed and constructed in accordance with Chapter D6 of Byron DCP 2014.

b) To include an appropriate Section 88B instrument for the subject lot and the adjoining lot(s) that will enable zero lot line development on each property boundary.

c) Where 4 or more small lots are proposed in a street section, the street to be of a suitable width to accommodate nose in, or 45 degree angle parking across the frontage of those lots. The parking to be integrated with footpaths, cycleways and landscaping including street tree blisters every five parking spaces to break up the parking areas and to provide shade.

d) Lots to be clearly orientated between the north east to the north west to ensure good solar access. .

DSCF7953

Nose in car parking in front of small lots with street tree blisters

Figure E8.3 Street Parking for Small Lots

7. Where lots incorporate vegetation to be retained details to be submitted with the subdivision application demonstrating that the vegetation will be managed and not removed for bushfire protection purposes or for residential buildings with subsequent applications for residential development. In certain circumstance Council may require a Section 88B instrument on the title to aid in the protection of the vegetation and to override the 10/50 Vegetation Clearing Scheme exemptions for vegetation removal.

Notes:

· Applicants are encouraged to consider the residential provisions when designing the subdivision layout, and in particular for multi dwelling housing and integrated housing lots. Lots with potential private open space within the front setback may need to be longer/ wider to enable a suitable, useable, private area with solar access to be provided.

· Corner lots provide good opportunities for dual occupancy and multi dwelling housing/ integrated housing options with vehicle access provided from both streets for a dual occupancy, or a single shared access point provided from the secondary street for three or more dwellings.

· Lots that run from one street through to a second street also provide good design solutions for vehicle and pedestrian access and egress.

E8.10.3 Transport Movement and Street Hierarchy

Element [j6] Objectives

1. To provide a hierarchy of interconnected streets that gives safe, convenient and legible access through West Byron.

2. To minimise through traffic in residential neighbourhoods.

3. To ensure that the hierarchy of the streets is clearly legible through variations in carriageway width, on-street parking, threshold parking, incorporation of water sensitive urban design measures (where possible), street tree planting, and pedestrian amenities.

4. To provide a safe and convenient public transport, pedestrian and cycleway network.

5. To ensure a high quality, functional, safe, legible and visually attractive public domain.

6. To design streets within each neighbourhood primarily for people, not for cars, by providing a level of access, safety and convenience to residents in each neighbourhood.

Performance Criteria

There are no performance criteria

Prescriptive Measures

1. The road layout is based generally on the Concept Plan. The road hierarchy is based on the following:

a) a main Spine Road which intersects with Ewingsdale Road in two places at roundabouts (Distributor road)

b) Collector roads;

c) Local roads;

d) Access Roads;

e) Laneways; and

f) Pedestrian and cycleway routes.

Typical Road Cross Sections are provided at Appendix D incorporating swales. Figure E8.4 shows typical road verge with swale and footpath. The final road layout is subject to detailed design and assessment having regards to topography, drainage, environmental factors and lot layout.

Figure E8.4 Typical Road Verge with Swale and Footpath

2. Street design to provide generally no more than three (3) intersection turns to be traversed from the furthermost lot to the Ewingsdale Road entrances. Local roads in a residential zone shall be designed to discourage through traffic via traffic calming measures, such as landscaped street blisters, chicanes and on-street parking.

3. Cul-de-sacs to be a maximum of 200m in length and for a maximum of 25 dwellings. Cul-de-sacs are to provide for pedestrian and cycle permeability.

4. Formal entry statement to be provided at both entrances from Ewingsdale Road through fencing and landscaping and changes in road pavement. Each neighbourhood area (including the Village centre and Industrial precinct) to provide a distinctive entry statement by way of changes to the road pavement material at the entrance.

5. Formal pedestrian crossings to be clearly delineated through changes in road pavement material and or raised, plus appropriate signage and line marking as required.

6. The street network is to be designed to achieve the following principles:

a) Access to Ewingsdale Road restricted to the two main entrances as indicated on the concept plan. All properties with frontage to Ewingsdale Road to gain access from an internal local road. Existing properties on Ewingsdale road to re-site driveways to the internal road network.

b) Establish a permeable pedestrian and cycleway network that is based on AMCORD principles that will encourage walking and cycling and reduce travel distances involving those activities,

c) Provide for a safe pedestrian cycleway crossing point across Ewingsale Road to facilitate access to Sunrise Estate, the Byron Arts an Industrial Estate and the Cavanbah Sports Centre.

d) maximise neighbourhood connectivity between residential neighbourhoods, recreational areas and the Village Centre;

e) accommodate significant vegetation to avoid its removal;

f) optimise solar access opportunities for dwellings having regards to the controls relating to dual occupancy, multi dwelling housing and integrated housing;

g) maximise surveillance of open space and environmental protection corridors; and

h) maximise the use of water sensitive urban design measures.

7. Except where otherwise provided for in this Chapter, all roads, streets and roundabouts are to be designed and constructed in accordance with the minimum requirements set out in the Northern Rivers Local Government Development Design and Construction Manual.

8. For all local roads and access roads, traffic management, (i.e. road layout and/or speed reducing devices), to be used to produce a low speed traffic environment. Such traffic management devices are to be identified at the time of the subdivision application.

9. Laneways that are solely designed for back of house access and egress in the residential and business zones to be contained within a minimum 6 metre wide road reserve with a 6 metre wide pavement based on vehicle design speeds of 15kmh The laneway to generally service no more than 300 vehicles per day. The road reserve may need to be widened to accommodate services, intersections and other constraints.

10. The road through the IN2 Zone Land to terminate in a culdesac at the boundary with Lot 181 DP755695. Alternatives to extend the road through this parcel and back to Ewingsdale Road will be considered where it can be demonstrated with a traffic study a positive outcome for traffic management on Ewingsdale Road and to enable the free flow and movement of heavy vehicles, delivery trucks and other traffic entering the IN2 Zone.

11. Four bus stops to be sited either side of the Spine Road in a minimum of two locations to facilitate public transport within the eastern and western halves of the Urban Release Area.

12. The road to incorporate nose in / 45 degree angle on-street car parking in the R3 Zone for overflow parking as required under Clause E8.10.2. The parking areas to be integrated with street landscaping including street tree blisters passively watered by WSUD, cycleways and footpath areas.

For Small Lot Subdivisions in the R3 Zone (<350m²) comprising four or more lots nose in or angle parking as per Clause E8.10.2 is required with rear access

Figure E8.5 Road and parking design combined with vacant small lot subdivision

E8.10.4 Stormwater Water Management

Objectives

1. To facilitate the disposal of stormwater in a sustainable manner

2. To maintain and improve the quality of water entering Belongil Creek

Performance Criteria

1. To enable stormwater to be managed in accordance with the concept of Water Sensitive Urban Design.

2. To enable stormwater infrastructure in the main drain to also become environmental features for native flora and fauna, habitat corridors and to facilitate pedestrian and cycling access.

3. To ensure a co-ordinated response to the design of stormwater infrastructure combined with landscaping and the built form in the public and private realm.

4. To provide stormwater infrastructure that can be readily maintained at minimum cost to Council and the public.

Prescriptive measures

1. A detailed Stormwater Management Plan to be submitted with the Stage 1 Development Application for approval by Council based on the concept of Water Sensitive Urban Design. The plan is to be for the entire urban release area of West Byron and include the following:

a) Outline stormwater treatment facilities, infrastructure and landscaping associated with water sensitive urban design measures.

b) Be consistent with the stormwater requirements of Chapter D6 Subdivision of Byron DCP 2014 and the Northern Rivers Development and Design Manual unless otherwise agreed to by Council;

c) Demonstrate through stormwater modelling that the proposed development will not adversely impact the coastal wetlands, Belongil Creek or Cape Byron Marine Park;

d) Demonstrate a lawful point of discharge for all stormwater outlets. Where Union Drains and other private infrastructure is to be accessed, details to be provided on lawful access and ability for such drains to be maintained legally by Council.

e) Works within the main drain including excavation and widening, environmental embellishment and access arrangements for pedestrians, cyclist and maintenance vehicles to be generally consistent with the Concept Plan for West Byron;

f) Any stormwater detention/ treatment basins are to be limited in number for ease of maintenance. (N.B. preference will be given to the design and construction of larger basin(s) rather than multiple smaller basins/ponds);

g) Landscaping as part of the WSUD Strategy for West Byron to provide details on:

i) Soils, mulch and sub-grade treatment. The plans should reference relevant engineering drawings for filter media requirements;

ii) Contours and spot levels;

iii) Proposed plant species (only native species to be used – except where turf is utilised in swales), including the plant’s botanical name, planting height, quantities and densities;

iv) existing vegetation proposed to be retained and details of proposed protection measures;

v) Planting specification notes are required to include details on plant procurement, timing, maturity, preparing filter media, mulching, planting procedures, watering and the acceptable measures of successfully established plants; and

vi) Any targeted habitat improvement for threatened or endangered species.

h) Outline any requirements for ongoing monitoring of water quality impacts and measures for managing Acid Sulfate Soils;

i) Outline mitigation measures to minimise mosquitoes;

j) Be consistent with other stormwater measures included in this DCP Chapter;

k) Staging and timing of works and financial responsibility for construction.

l) Identify any additional stormwater detention requirements for subdivision and subsequent development in the residential, business and industrial zones;

m) Outline long term management, ownership and maintenance arrangements for all stormwater infrastructure. An extended maintenance period to be provided for WSUD measures. Typically this will require that 90% of dwellings are substantially commenced within the development sub-catchment associated with the relevant treatment measure;

2. Stormwater works in the environmental zones including in the main drain to be carefully designed to minimise the removal of native vegetation. Where vegetation is proposed to be removed, details to be provided under Section E8.10.5.1.

3. Any subsequent development application is to be consistent with the Stormwater Management Plan.

4. Construction water quality impacts are to be mitigated through appropriate erosion and sediment controls in accordance with Managing Urban Stormwater - Soils and Construction ('The Blue Book').

E8.10.5 Biodiversity, Vegetation Management and Landscaping

The subject site provides important habitat for a range of species and ecological communities including koalas, wallum froglet, blossom bat and remnant coastal cypress pine communities. A voluntary planning agreement has been signed between the Minister for Planning and the landowners requiring a vegetation management plan to be prepared addressing matters such as a program and implementation strategy of environmental management works for the land zoned E2 Environmental Conservation. Vegetation management however will need to apply to the entire site, and any native vegetation that is proposed to be removed from within the urban footprint will need to be appropriately compensated. Landscaping will play an important role as part of the overall environmental management of the site, and will enhance habitat attributes, whilst also playing a part in the management of stormwater. The following controls apply: [j7]

E8.10.5.1 Biodiversity and Vegetation Management

Objectives

1. Maintain and improve habitat and ecosystem connectivity;

2. Protect biodiversity values of the site particularly within E2 Environmental Conservation and E3 Environmental Management zoned land including flora, fauna, habitat, wetlands, and the riparian areas of Belongil Creek.

3. Maintain or improve the ecological and hydrological functions and values of Belongil Creek

4. Environmental buffers to sensitive ecological areas

5. Improve koala ecological values on the site.

Performance Criteria

1. Ensure that a comprehensive Biodiversity~~vegetation~~ Conservation Management Plan, including identified sub- plans, is prepared and approved to ~~minimise~~minimize and offset, the impact of development on the site with the Stage 1 Development Application.

2. Environmental buffers to sensitive ecological areas to be revegetated or restored, with development located outside environmental buffers.

3. Protect core koala habitat areas from development that would compromise habitat quality and integrity and enhance koala habitat to provide connectivity links to facilitate the natural movement of koalas.

4. Protect, maintain and enhance key habitat corridors to improve linkages between habitats.

5. Improve biodiversity on the site by rehabilitating and re-vegetating areas identified for conservation within an established timeframe for delivery.

6. Mitigation of direct and indirect impacts of development on drainage lines and riparian areas

Prescriptive Measures

1. A comprehensive ~~vegetation~~ Biodiversity Conservation Management Plan is required to be prepared for the Stage 1 Development Application. The plan is to be for the entire Urban Release Area and to include the following:

a) identification of existing vegetation to be retained;

b) the types of vegetation management works required and how those works will be implemented, including allocation of responsibility for funding works;

c) an initial five-year implementation program setting out habitat restoration and management works including strategies for planting, weed control and maintenance based on strengthening general key habitat corridors along the eastern and southern periphery of the Urban Release Area (See Figure E8.6 below). Such works are to be incorporated into the first Construction Certificate for the site to ensure any compensatory planting that may be required is established as West Byron is gradually developed;

d) details of responsibility for the ongoing management of habitat areas in the E2 and E3 Zones following the initial five year implementation program;

e) methods to prevent the introduction of exotic pest species or to manage and reduce pest species already present;

f) methods to reduce potential for bird strikes into windows of buildings;

g) details of ongoing monitoring, reporting to Council and processes for adaptive management where necessary;

h) The Vegetation Management Plan for the E2 Zone as required under the Voluntary Planning Agreement (VPA) dated 21/10/14 to be incorporated into the comprehensive Biodiversity Conservation Management Plan. The plan to address threatened species, SEPP 44 Koala Habitat Protection, measures to manage Belongil Creek and the requirements of the VPA. The plan can be detailed in the following sub plans:

i) Threatened species management plan providing details on any expected impacts on threatened species or their habitat, how such impacts will be avoided as far as practical or mitigated if necessary, and how any impacts will be compensated through rehabilitation and revegetation work. Council records indicate the site provides habitat for wallum sedgefrog and the wallum tree frog. The management plan is to address the National Recovery Plan for Wallum Sedgefrogs and other wallum dependant frog species.

ii) A Belongil Creek Plan of Management to be prepared in consultation with the relevant land owner and provide for bushland restoration on land adjacent to the creek and within riparian buffers provided by the E2 conservation zones, weed control and habitat restoration along drainage lines. Any new culverts over existing water crossings to provide improvements in water quality and fish passage

iii) A Koala Plan of Management (KPOM) is to be prepared in accordance with the requirements of State Environmental Planning Policy No. 44 – Koala Habitat Protection. Should Council have an adopted KPOM for the area, Applicants have the choice to use this plan or prepare their own plan. An Individual KPOM as a minimum to address the following:

· SEPP 44 Guidelines for Individual KPOMs

· Core Koala Habitat on and surrounding the site

· Rehabilitation of habitat in the E Zones to focus on Koala Habitat restoration to address any compensation requirement and to provide or embellish linkages between Core Koala habitat areas

· measures to protect existing koalas whilst new habitat is being established.

· details of koala friendly crossings under/ over Ewingsdale Road, and timing and responsibility for their delivery [c8] .

· other measures to protect koalas including reduced vehicle speeds and traffic calming measures, development fencing, dog prohibition or control, pool safety through design measures such as ramps or “beaches”, control on construction activities, signage, appropriate building envelopes having regards to bushfire requirements for asset protection zones.

~~11.~~2. Revegetation and rehabilitation works are to be delivered in accordance with the Biodiversity Conservation Management Plan and the sub plans, and is to be based on the Concept Plan in Appendix B. All plantings should use species locally sourced with local genetics, and include the aim of achieving a 90% survival rate.

3. Development applications for subdivision (excluding subdivision for the consolidation of lots that does not create additional lots or the opportunity for additional dwellings, boundary adjustments or to dedicate land for a public purpose) are to:

a) Address the relevant statutory considerations under the Environmental Planning and Assessment Act 1979 (specifically Section 5A, 5C and Section 79C) consider potential impacts to:

i) threatened species, populations and endangered ecological communities under the Threatened Species Conservation Act 1995 and the Environmental Protection and Biodiversity Conservation Act 1999

ii) SEPP 14 Wetlands and SEPP 44 Koala Habitat Protection

iii) Relevant provisions of the Water Management Act 2000, Fisheries Management Act 1994, Marine Parks Act 1997 [t9] and the Native Vegetation Act 2003

iv) Be accompanied by a detailed ecological assessment including habitat values, location and extent of any habitat proposed for removal and offset location, extent and timing.

b) Identify buffers between development (in zones R2 Low Density Residential, R3 Medium Density Residential, IN2 Light Industrial, B1 Neighbourhood Centre) and any land zoned E2 or E3 and provide a plan of management for the buffers and the zone interface. Buffers or buffer zones are not required between E2 and E3 zones. Buffer management plans must:

i) aim to mitigate direct and indirect impacts from development in order to protect the integrity and health of the natural environment

ii) aim to avoid negative impacts on the natural environment and ensure retention and enhancement of those functions and characteristics that are important to biodiversity conservation, landform stability, erosion management, hydraulic function and other important natural, geophysical and biophysical processes

iii) aim to provide a minimum width buffer of 20 metres. The buffer can include a perimeter road/ bushfire trail for bushfire protection purposes provided that road is located outside of the E2 and E3 zone and comprises a minimum vegetated edge adjacent to the E2 and E3 zone of 7 metres. Cycleways and pedestrian paths are also acceptable within buffer areas

iv) incorporate existing native vegetation into the buffer

v) provide details on long term management and responsibility.

4. Landscaping of drainage lines, parks, reserves, road buffers and other large areas within the urban footprint of the Urban Release Area to be designed to enhance biodiversity values and habitat linkages. Concept landscaping plan to be submitted with development applications for subdivision which form one or more stages of the proposal for West Byron.

Figure E8.6 General Habitat Corridors to be Strengthened

(as denoted by orange arrows)

5. The road network within the south eastern perimeter of the Urban Release Area including vehicle access from the main residential areas to include traffic calming measures such as narrower road widths including chicanes and or one way traffic flows to facilitate the movement of fauna through this area from the E3 Zones to the E2 Zones. Other options to regulate and limit through traffic in this area is to develop Lot 1 DP 780242 and Lot 229 DP 755695 as community title/ strata title residential estates with an “Environmental Living Theme” and incorporate surrounding E2 and E3 Zoned land into the common/ neighbourhood property for ongoing management.

6. Any roads, cycleways, pedestrian footpaths, bushfire trails and other necessary infrastructure that traverses into or across the E2 and E3 Zone to be sited to minimise impacts on the environmental qualities of native vegetation and habitat in those zones by utilising existing breaks in the native vegetation and or siting and designing such works to have minimal disturbance (eg narrow road width/ locate where weeds and exotics are to be removed, signage for wildlife crossings etc). Details to be submitted with the development application.

7. For ongoing removal of trees and vegetation after West Byron is developed, land owners to comply with Chapter B2 Preservation of Trees and Other Vegetation, and any requirements of the Biodiversity Conservation Management Plan approved under this Chapter.

8. Despite the provisions of Clause E8.3, residual areas outside of the Urban Release Area in Lots 227 and 229 DP 755695, Lot 9 DP 111821, and Lot 2 DP818403 to be incorporated into the Biodiversity Conservation Management Plan as required.

E8.10.5.2 Landscaping

Element Objectives

1. Landscaping to provide for the enhancement of the biodiversity values of the Urban release area.

2. To be an integral part of the development of the site to provide attractive and aesthetically pleasing environments.

Performance Criteria

1. Native vegetation to be retained where possible and incorporated into landscaping.

2. Landscaping to reflect the subtropical character of Byron Bay.

3. Landscaping to be an integrated into street and park designs and stormwater management through Water Sensitive Urban Design (WSUD) with street trees provided throughout the subdivision.

Prescriptive Measures

1. Landscape plans to be submitted with all development applications for:

a) Subdivision

b) Multi dwelling housing

c) Residential flat buildings

d) Dual occupancies

e) Development in the B1 and IN2 Zones and

f) As specified for any other development in DCP 2014

The Landscape Plan to be prepared in accordance with Chapter B9 of DCP 2014.

2. Applications for subdivision to identify street tree planting every 15 metres of road frontage, landscaping and plantings for drainage lines, car parks and recreational reserves to be dedicated to Council. The Landscape Plan to indicate how planting will be maintained, identify existing native vegetation to be retained, nominate species to be planted and describe any passive watering arrangements through WSUD.

3. Street trees in the B1 Zone to be incorporated into the footpath as per Appendix C – WSUD Street Tree Pit with Grate. Other treatments within West Byron include landscaping of any footpath blisters and roundabouts, and road side rain-gardens. Such landscaping to be passively watered through WSUD.

Figure E8.7 Street Tree Landscaping [j10]

4. For minimum requirements for planting size, density and species please refer to Chapter B9 of DCP 2014. Locally indigenous species are to be predominantly used in landscaping. Street trees are to have a general maturity height of 10 metres and a canopy diameter of 8 meters to provide shade and assist with managing the micro climate. No species listed as undesirable in Chapter B2 of DCP 2014 are to be used in landscaping on any site.

5. Where feasible, edible landscapes (bush tucker and other fruit trees and vegetation) can be used in selected areas throughout the Urban Release Area including sections of the public reserve and as landscaping for development on private property. Details to be submitted with the development application where such vegetation is being proposed for assessment.

E8.10.6 Public Facilities, Services and Infrastructure

Element Objectives

1. To provide guidance for public facilities, services and general infrastructure.

Performance Criteria

1. To establish controls for infrastructure, public car parking areas, cycleways and footpaths that services the needs of residents, workers and visitors.

Prescriptive Measures

1. General Infrastructure

a) The subdivision shall be fully serviced with water, sewer, roads, drainage and underground electricity and telecommunication services. The telecommunication service to be designed to connect to the National Broadband Network. This service infrastructure may be constructed on a staged basis to accommodate the staged release of land.

b) Street lighting to be provided in accordance with Chapter D6 of DCP 2014. Where agreed to by the electricity provider, LED street lighting or solar power lighting will be considered.

c) All service infrastructure is to be designed and constructed in accordance with the Northern Rivers Local Government Development and Design Manual.

d) Service infrastructure internal to the development site shall be provided by the developer at no cost to Council.

2. Dual Reticulation Water

a) A dual-reticulation water supply for non-potable water is to be provided to all lots in the IN2 Light Industrial Zone and the B1 Neighbourhood Centre Zone as a minimum.

b) The developer shall incorporate on the Certificate of Title for all allotments Restrictions as to User which require all dwellings and buildings with plumbing (including commercial, industrial buildings and the like) to make provision for non-potable water service plumbing and facilities to the satisfaction of Council

3. Public car parking

a) Public car parking areas to be designed and constructed to meet the minimum standards within the Northern Rivers Local Government Development Design Manual and the relevant Australian Standards.

b) Such areas to be dedicated at no cost to Council after construction and at the end of the relevant maintenance periods.

c) Car parks to be appropriately landscaped with shade trees in accordance with Chapters B4 and B9 of DCP 2014 and passively watered through WSUD.

d) Applicants are to consider the installation of an electric vehicle charging station for major car parking areas around the B1 Zone. (Note: Opportunities may exist to partner with Council and other organisations with the design and installation of such infrastructure as per the Byron Shire Low Carbon Strategy)

4. Cycleways and Footpaths

a) To be suitably sited and designed to provide for the effective movement of people throughout the West Byron Site linking residential precincts with one another, the village centre, and the open space recreational areas. As a minimum 1.2 metre wide concrete footpaths to be provided on one side of all access roads and both sides of local, collector and distributor roads. Laneways to be shared with pedestrians and cyclists.

b) To connect with existing cycling pedestrian infrastructure in Ewingsdale Road and beyond.

c) Cycleways, bike parking and storage facilities to comply with Chapter B5 of DCP 2014.

d) Cycleway footpath along the main drain to be designed and constructed as an exercise/ fitness trail with designated training stops with appropriate equipment in three places approximately 400 - 500 metres apart.

Figure E8.8 Example of exercise equipment on soft fall material[j11]

5. Bus Stops

The road network is to be designed to provide for designated bus routes and bus stops in locations which provide safe and convenient access for residents.

6. Public access to Belongil Creek

Any public access to Belongil Creek, if proposed, is to be limited to one location only. No clearing of vegetation is permitted to provide this access. Owners consent from the Department of Primary Industries (Crown Lands) be obtained and submitted with the Development Application for this access point. Details to be submitted with the application addressing:

a) Long term management of the access point, including any facilities and amenities (eg boardwalk, fencing etc);

b) Consistency with the Belongil Creek Plan of Management;

c) Educational signage about the creeks environmental values; and

d) General legal access arrangements to the creek access point

E8.10.7 Recreational Areas

Objectives

1. To help engender a sense of community.

2. To help to promote social interaction, community health and wellbeing.

3. To provide a network of active and passive open recreational areas

Performance Criteria

1. Lots are to be within walking and cycling distance to a neighbourhood park

2. Parks are to include a range of recreational facilities

3. Neighbourhood parks need to be designed to meet the Crime Prevention through Environmental Design (CPTED) principles and Active Living criteria.

Prescriptive Measures

1. Residential lots are to be approximately 500 metres from the nearest neighbourhood park.

2. Outside of the two areas zoned RE1 any other neighbourhood park provided within the development site to have a usable area of approx. 0.2 hectares.

3. Neighbourhood parks are to be provided with the following facilities:

a) A hard stand play area (e.g. half court basketball/ skate area) to be provided in one of the RE1 Zoned Parks as a minimum;

b) Be designed and sited such that adjoining development can provide casual surveillance of the park. Be designed and located so as to maximise street frontage and encourage natural surveillance from surrounding residents;

c) Be situated on land that is readily accessible to the surrounding dwellings and physically connected to the cycleway/ pedestrian network;

d) Be equipped with play equipment, park furniture including seating for adults and toilet amenities;

e) Include soft-fall under all play equipment in accordance with the relevant Australian Standards;

f) Appropriate shade cover over play equipment;

g) Provide an electric BBQ, two roofed picnic tables, rubbish bins on stands to be provided in one of the areas zoned RE1;

h) Be landscaped with appropriate plantings of local native trees (no exotics) and weeds to be removed. Trees must have non-invasive root systems and be suitable for under-pruning as they develop to allow mower egress and undisturbed lines of sight. Vacant areas to be turfed with a suitable lawn species for mowing and incorporate earth mounds to provide visual interest and general play areas.

i) Adequate lighting be provided for crime prevention purposes.

j) The RE1 zoned land adjacent to the B1 Zone to provide for a village square or piazza as a community focal point and a casual meeting place for social interaction.

k) Other features such as a chess tables, bocce courts, ground level garden labyrinth or concrete table tennis facilities will also be considered on merit having regards to ongoing maintenance costs and the anticipated demographics of residents.

l) A footbridge for pedestrians and cyclist over the Main Drain in the Central Park on Ewingsdale Road.

4. Developer contributions credits will be provided for the provision and embellishment of new neighbourhood parks in accordance with Council’s Development Contribution Plan.

5. Other community uses for the parks such as community gardens and as a site for public art will be considered on merit. Where this is proposed, car parking, water and toilet amenities will be required for the community gardeners as a minimum. Any public art proposed will need to be consistent with the Byron Shire Cultural Plan and the Public Art Policy.

DSCF7945 DSCF7871

Park with play equipment and park furniture within a landscaped setting.

Multipurpose concrete basketball half court and skate rail.

Figure E8.9 Examples of playground equipment [j12]

Note: – for further information on Community Gardens please see the Byron Shire Community Gardens Policy (10/012)

E8.10.8 Hazards and Constraints

Flooding, acid, sulfate soils, ground water, bushfire, mosquitoes, contamination and potential odour from the adjacent chicken processing plant on Ewingsdale Road have been identified as hazards and constraints affecting the site. The following specific controls apply.

E8.10.8.1 Flooding

Objectives

1. Minimise the flood risk to life and property associated with the use of land.

2. Allow development on land that is compatible with the land’s flood hazard, taking into account potential changes as a result of climate change.

3. Avoid significant adverse impacts on flood behaviour and the environment.

4. Ensure that development does not have a significant impact on pre-development flood levels and flows.

Performance Criteria

1. Development shall be generally designed so that it is not affected by flooding.

2. Ensure that safe evacuation can be provided during flood events for land up to the probable maximum flood level.

3. Enable limited filling on flood prone land to facilitate the design and construction of stormwater infrastructure and to ensure residential development can meet the habitable floor level.

4. Demonstrate that the filling of flood prone lands and other earthworks do not result in any significant adverse flooding or environmental issues for adjoining land including stormwater overland flow paths.

5. Building design and levels are to consider climate change impacts including sea level rises. [c13]

Prescriptive Measures

1. The provisions of Byron DCP 2014: Chapter C2 – Areas Affected by Flooding apply to the site.

E8.10.8.2 Acid Sulfate Soils

Objectives

1. To ensure that acid sulfate soils do not result in water quality or other environmental impacts.

Performance Criteria

Where acid sulfate soils may be exposed such as from earthworks, installation of infrastructure, reshaping stormwater drains, construction of footings for buildings and swimming pools, details to be submitted with the development application how such soils will be managed to ensure no adverse impacts on the environment.

Prescriptive Measures

1. An Acid Sulfate Soil Management Plan is required to be submitted with any development application for Stages 1 and 2 which would result in interception of the local groundwater or acid sulphate soils to suitably mitigate the potential impacts arising from the disturbance.

2. The Acid Sulfate Soils Management Plan is required to be prepared in accordance with the Acid Sulphate Soils Manual and include the following:

a) Identification of activities that are expected to intersect and disturb acid sulphate soils

b) Identification of the acid sulphate soils risks and identified acid sulphate soils layers on site

c) Estimation of volumes of acid sulphate soils requiring treatment and proposed treatment measures;

d) Estimated liming rates and treatment procedures

e) Validation procedures and target criteria of treated soils

f) Monitoring protocols and target criteria as per the ASSMAC guidelines for surface and groundwaters within the site.

g) Monitoring protocols for Belongil Creek including baseline data and target criteria for water quality and ph levels as per ANZECC/NHMRC Guidelines.

h) Include a generic management plan for the use of landowners and developers of vacant residential lots after Stage 1 and 2 has been completed. The Plan to address standard development issues such as footing for a dwelling and earthworks for services to the house.

Note: The Preliminary Acid Sulfate Soils Assessment by Southern Cross University Environmental Analysis Laboratory dated December 2010 provides background information on acid sulfate soils for West Byron.

E8.10.8.3 Groundwater

Objectives

1. Mitigate impacts on groundwater having regard to the high water table present on the site.

Performance Criteria

Groundwater to be managed in accordance with best practice guidelines including the Acid Sulfate Soils Manual.

Prescriptive Measures

1. Any development application involving excavation works is to identify:

a) The depth of the excavation works

b) Any potential interaction with the water table

c) Associated impacts on groundwater

d) Any potential risk associated with acid sulfate soils

and as necessary include appropriate measures to mitigate any impacts.

2. Any development application involving stormwater detention infrastructure such as bio-retention basins, constructed ponds, wetlands and vegetated swales is to demonstrate how any potential groundwater impacts will be mitigated. This may require the base of associated excavations to be at least 1 metre above the water table or where this is not possible, the use of impermeable liners.

Note: Where dewatering is proposed, additional approvals may be required under the Water Management Act 2000. Applicants are encouraged to contact the NSW Office of Water to avail themselves of the Offices requirements

Note: Acid sulfate soil provisions in Byron LEP 1988 apply to the urban release area.

E8.10.8.4 Bushfire

Objectives

1. Reduce the risk to human life and property from bushfires.

2. Encourage sound management of bushfire prone areas.

Performance Criteria

1. Ensure development is appropriately sited and designed on bushfire prone land.

2. Appropriate access and services are provided to developments to facilitate the safe access and egress of residents and emergency personnel in the event of a bushfire, and water supply is provided for firefighting purposes.

Prescriptive Measures

1. Subdivision and development applications are to comply with Planning for Bushfire Protection 2006 (NSW Rural Fire Service), including measures for perimeter roads, fire trails and reticulated water for fire fighting purposes.

2. Development applications are to be accompanied by accurately mapped plans and details for each affected lot setting out the location and widths of asset protection zones (APZs) and building envelopes for constrained lots.

3. Asset protection zones:

a) Are to be located wholly within the urban release area and wholly located outside of the E2 Environmental Conservation and E3 Environmental Management Zone (unless specifically required for development within those zones);

b) May incorporate roads and flood prone land;

c) May be used for open space and recreation subject to appropriate fuel management;

d) May incorporate the building setback on private residential land;

e) Are not to increase the maintenance burden on public lands; and

4. Water supply is to be via a ring main system, engineered to the requirements of Australian Standard 2419.1-1994 Fire Hydrant Installations.

5. Buildings adjacent to APZs are to be constructed in accordance with the requirements of Appendix 3 of Planning for Bushfire Protection 2006 and Australian Standard 3959-1999 - Construction of Building in Bushfire Prone Areas.

6. Where a lot fronts and partially incorporates an APZ it is to have sufficient depth to accommodate a dwelling with private open space and the minimum required APZ. The APZ and building envelope is to be identified through a Section 88B instrument.

7. Temporary APZs, identified through a Section 88B instrument, will be required where development is proposed on lots next to undeveloped land. Once the adjacent stage of development is undertaken, the temporary APZ will no longer be required and shall cease.

Note: Technical Study Bushfire Assessment S.100B Rural Fires Act 1997 (Proposed Rezoning of Land at West Byron on behalf of Byron Bay West Landowners Association) prepared by LandPartners (December 2010) is relevant to this section.

Note: Certain proposals on bushfire prone land, including subdivision of land for residential purposes, child care centres, seniors housing and retirement villages will require an approval (Bushfire Safety Authority) under Section 100B of the Rural Fires Act 1997. Applicants should avail themselves of the requirements of the NSW Rural Fire Service (RFS) and include a detailed Bushfire report from a suitably qualified professional with the development application to enable assessment by the RFS and issue approval as appropriate.

E8.10.8.5 Odour

Objective

1. Mitigate the impacts on future development of odour generated by the poultry processing plant located outside and to the west of the site on Ewingsdale Road.

Performance Criteria

There are no performance criteria.

Prescriptive Measures

1. The first development application within the 2 Odour Unit (OU) contour as shown in Figure E8.10 is to be accompanied by details of a dense vegetation buffer to be planted along the western boundary within the site. The extent and requirements for the buffer are to be informed by odour modelling.

2. Sensitive land uses (e.g. child care facilities) are not to be located within the 2 odour unit contour identified in Figure E8.10.

Figure E8.10 Predicted 2 Odour Unit Contour for Poultry Processing Plant

3. Development applications within the 2 odour unit contour identified in Figure E8.10 are to be accompanied by a land use conflict risk assessment in accordance with the Land Use Conflict Risk Assessment Guide (Department of Primary Industries 2011), and outline odour mitigation strategies that may include (but is not limited to):

a) Additional vegetation

b) Appropriate land use siting

c) Site layout and building orientation

d) Design of natural air flow and ventilation

e) Use of mechanical heating/cooling/ventilation.

4. The extent of the 2 odour unit (ou) contour is based on Figure E8.10, unless it can be demonstrated through appropriate modelling that the contour has been reduced, for example through the provision of the vegetation buffer required along the western boundary, or as a result of odour reduction at the source.

5. Where it can be demonstrated that the Poultry Processing Plant has been closed and will not be re-opened and or redeveloped for a similar offensive use utilising existing use or existing consent rights, the above requirements may not apply. Details to be submitted with the development application.

Note: Technical study Odour and Air Quality Constraints prepared by PAEHolmes (20 December 2010) is relevant to this section and includes recommendations in relation to the dense vegetation buffer.

E8.10.8.6 Contamination

Objective

1. Ensure the site is suitable for development in terms of past land uses

2. Any contaminated land is appropriately remediated.

Performance Criteria

There are no performance criteria

Prescriptive Measures

1. Development applications are to address the matters for consideration under Clause 7 of SEPP 55 Remediation of Contaminated Lands.

2. Where sites are found to be contaminated, details to be provided to Council by a suitably qualified professional demonstrating how the site will be remediated having regards to the proposed use.

Note: Preliminary Contaminated Land Assessment as Part of a State Significant Site Study At West Byron Urban release Area, Byron Bay NSW (EAL, 14 December 2010) is relevant to this section.

E8.10.8.7 Mosquitoes

Objectives

1. Minimise mosquito hazard to residents.

2. To remove the need for co-ordinated management of mosquitoes from Council or other public bodies in the medium to long term post development.

Performance Criteria

There are no performance criteria.

Prescriptive Measures

1. Subdivision development to incorporate design measures to limit the habitat for mosquitoes within the Urban Release Area. Such measures to be incorporated into the design of development to include (but are not limited to).

a) Stormwater ponds and artificial wetlands to be located in open areas to enable wind action to create surface waves that will disrupt mosquito breeding and reduce habitat refuges for immature mosquitoes

b) Stormwater swales to be designed to ensure ponding or standing water does not occur after rainfall events.

c) Asset Protection Zones for Bushfire Protection Purposes around residential development to be suitable designed and sited to reduce habitat for mosquitoes, and harbourage sites which can act as “stepping stones” that facilitate the movement of mosquitoes from denser vegetated areas into residential neighbourhoods.

2. Residential development to incorporate measures to minimise mosquito impacts, to include (but are not limited to):

a) Cross flow ventilation for dwellings;

b) Fitting of insect screens to dwelling openings including door and windows;

c) Appropriate plant selection and management of garden vegetation to reduce habitat opportunities for mosquitoes;

d) Location, design and management of any individual stormwater treatment systems;

e) Leaf guard on roof guttering to reduce potential for water to pond in gutters; and

f) The inlet and outlet (overflow) of rainwater tanks to be effectively screened with stainless steel or other durable materials to prevent entry to the tank by mosquitoes. Inlet filters must be readily removable for cleaning.

Note: The Mosquito Risk Assessment: West Byron Bay NSW (Sydney West Area Health Service, December 2010) is relevant to this section.

E8.10.8.8 Buffer to Ewingsdale Road

Objectives

1. To ensure the development is appropriately screened from Ewingsdale Road with landscaping.

2. To provide suitable buffers and amelioration measures for vehicle noise which may impact on future residents.

Performance Criteria

There are no performance criteria.

Prescriptive Measures

1. A landscaped buffer including both physical barriers and earth mounds adjacent to Ewingsdale Road to be incorporated into the subdivision design generally in accordance with Figure E8.11 for the full length of the West Byron Site zoned IN2, R2 and R3.

2. The final height and design of the barrier to be supported by an acoustic noise assessment report prepared in accordance with the NSW Road Noise Policy 2011 demonstrating that future residential dwellings will not be adversely affected by traffic noise on Ewingsale Road.

3. The buffer to be landscaped with native trees and vegetation to conceal the mounds and barriers, and to provide a general visual screen to the development in West Byron. A concept landscape plan to be submitted with the development application in accordance with B9 of DCP 2014.

4. The buffer can be erected in stages. Details to be submitted with the Development Application as to any staging arrangements.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.10 - Attachment 1

E8.10.9 Aboriginal Cultural Heritage

Objectives

1. Traditional Owners are recognised and respectfully consulted to identify ways to protect culture and features of Indigenous cultural significance.

2. Culturally significant features are to be protected and incorporated in accordance with the recommendations and findings of such consultation.

3. Opportunities for Traditional Owners to look after country both physically and spiritually will be encouraged.

Performance Criteria

There are no performance criteria for this element

Prescriptive Measures

1. An Aboriginal Cultural Heritage Assessment to be carried out by a suitably qualified professional for the West Byron Site with the Stage 1 Development Application. The assessment to be carried out in accordance with the relevant Office of Environment and Heritage (OEH) Guidelines for Aboriginal cultural heritage matters.

2. Any sites, items, objects, relics or places of significance that are located within the development site are to be appropriately identified and management measures for their ongoing protection are to be recommended as required under the OEH Guidelines.

3. The assessment is to demonstrate consultation with the Byron Bay Bundjalung People, and other Key Stakeholders pursuant to Clause 80C of the NPW Regulation 2009, in accordance with the OEH Aboriginal Cultural Heritage Consultation Requirements for Proponents 2010.

Note: The provisions of the National Parks and Wildlife Act 1974 apply to protecting Aboriginal objects and places.

Note: Heritage provisions in Byron LEP 1988 apply to West Byron.

E8.10.10 Urban Design of Significant Sites and Higher Densities

The following sections sets out controls for the West Byron Village Centre Precinct, the Neighbourhood Business Zone, Residential Zoned Land and the Industrial area.

E8.10.10.1 West Byron Village Centre Precinct

The heart of West Byron will be centred around the neighbourhood Business Zone, the adjacent RE1 Zone parkland and surrounding residential areas. It is important that the village centre is designed in an integrated manner.

Element Objectives

1. To create a village centre precinct area that is integrated with surrounding development and is pedestrian and cycle friendly.

2. To provide a functional village centre area that is attractive for residents to use on a day to day basis for shopping and recreational needs.

Performance Criteria

1. To provide for village centre precinct with an integrated pedestrian/ cycleway/ road network through shared “mews style” laneways and designated pedestrian – cycleways to take traffic away from the main spine road.

2. To design for the car parking needs of retail and commercial operators on the periphery of the neighbourhood business zone.

3. To promote different forms of residential and commercial development providing passive surveillance of parkland, surrounding businesses and the public domain.

4. To provide planning principles for the West Byron Village Centre Precinct based on Figure E8.11.

Figure E8.12 Planning Principles for the West Byron Village Centre Precinct

Planning Principles for the West Byron Village Centre Precinct

1. Mews Style Laneways - Opportunities exist for “Mews style development” in this area providing narrow streets that balance the access and service functions of a lane with active building frontages which provide for surveillance of surrounding parkland, home office workshop uses, and a roadway shared by cars, cyclist and pedestrians. Such lanes where part of the road network will provide access to the public, however where retained in private property they will be designed to facilitate the needs of residents of that particular estate. In certain circumstances the lane may not provide through traffic for vehicles and may be blocked by bollards, but allow for connectivity for pedestrians and cyclist.

2. Address the Park - Adjoining residential and commercial development to the RE1 Zone parkland also to address the park through design and function. Vegetation of high conservation value is to be retained.

3. Public Domain – Plan for an area that provides interest as a meeting place for residents through public art, activity and function.

Prescriptive Measures

An initial development application is to be submitted for this location at the subdivision stage demonstrating how the planning principles in Figure E8.11 will be generally achieved. This includes formalising the layout for roads, lanes and cycleways, details on embellishment of the RE1 Zone parkland including tree and weed removal and retention of existing native vegetation, identification of master lots for medium density housing forms, and conceptual designs for commercial and residential development in this location. Where appropriate Council will consider staged development application where the final built form is known. Subsequent development applications for residential and commercial development are also to address the Planning Principles for the West Byron Village Centre Precinct.

E8.10.10.2 Neighbourhood Business Area

Element Objectives

1. To create a village centre for local residents that provides general shopping needs in the B1 Neighborhood Business Zone

2. To provide a pedestrian and cycle friendly neighbourhood business centre.

3. To enable creative solutions for car parking.

Performance Criteria

1. Business, commercial and retail development within the B1 Zone must be designed to promote and encourage safe, convenient pedestrian and cycle access to and from the development itself and the surrounding precinct. The neighbourhood business area is the key hub for the locality's pedestrian and cycle network. Development must be designed to integrate well with this pedestrian and cycle network and to contribute to the aesthetics, landscape design and usage of adjoining streets.

2. The design of development must be compatible with the diversity and multi-functional character of its locality.

3. A Main Street frontage is to be provided along the designated collector road so as to achieve an active street frontage to animate the street Apart from the collector road, the design should utilise shared streets to accommodate pedestrians, cycle lanes and limited on-street parking.

4. Shops and commercial premises to be designed to promote visual interest, to maximise shopfront window access, and to minimise blank walls along street frontages.

5. Development on the spine road corner to address and wrap around the corner splay to create visual interest.

6. Development to address the adjacent RE1 Land as indicated in Figure E8.12.

Prescriptive Measures

In addition to the relevant measures contained within DCP 2014, the following specific controls apply:

1. Development at the ground level to incorporate display windows which consume a minimum of 50% of the street frontage and incorporate awnings over the footpath for weather protection. Awnings and structures on the road reserve must be setback a minimum distance of 1000mm from the kerb alignment. The underside of any awning or verandah is to be not less than 3200mm above the footpath.

2. Development on the corner splay to:

a) addresses neighbouring and surrounding development, with its turning of the corner.

b) Creating a splayed or recessed treatment of the corner in a way that gives form to the corner and provides more circulation space for pedestrians.

c) Stepping up at the corner and creating a perceived height greater than neighbouring buildings through the incorporation of distinctive architectural features such as stepped parapet, turret or tower, clocks, flag pole, roof elements, vertical green walls or the like.

d) Both street frontages to provide active street elevations through windows, awnings and shop entrances as required. Blank walls will not be accepted.

e) Public art as required under Chapter D8 to be installed in this corner locale to provide a focal point for the Neighbourhood Centre Zone or alternatively in the adjacent RE1 Zone.

3. Setbacks in the B1 Zone are as follows:

a) Generally to the boundary as per the Building Code of Australia.

b) Upper levels are to incorporate steps in the elevation to provide articulation in the street facade. This can be achieved by utilising verandahs, loggias and balconies which can also be utilised for private open space purposes for shop top housing, or staff or office breakout space. Other architectural features which may be appropriate include recessed windows, vertical fins and other climate appropriate measures consistent with the bulk and scale of the area.

c) Where it is proposed to extend upper level verandas over the footpath awning for commercial purposes, appropriate leasing arrangements to be entered into with Council. Where the verandah is to be used as part of a restaurant the area to be included in the car parking calculations. The verandah is not to be enclosed.

d) Where buildings adjoin residential development or the adjacent land zoned RE1, a setback of 3 metres to apply.

4. The built form to utilise contemporary materials, design elements and energy efficient architecture to facilitate natural lighting, cooling from air flow, and appropriate roof orientation for solar hot water and photovoltaic electricity generation. The treatment of facades, corner elements and blank elevation with green walls or vertical gardens to be considered as a means of providing visual interest and aesthetics to the building, regulating the building temperature, improving air quality, and reducing the developments carbon footprint.

5. The footpath through the B1 Zone to adopt a single uniform pattern (eg wave pattern per Chapter D4 of DCP 2014). The footpath is to be of a suitable width to accommodate bike parking, pedestrian traffic, footpath dining with allowances for street trees and other general landscaping. Street trees to incorporate water sensitive urban design. (See Appendix C for details).

Figure E8.13 Example of a green wall [j14]

6. In addition to the requirements of Chapter B4 and B5 of DCP 2014, bike parking to be provided at a general rate of 1 space per 25m² of gross floor area with customer parking provided in the public domain to enable casual surveillance from the business premises.

7. Car parking to be provided:

a) In accordance with Chapter B4 of DCP 2014.

b) To facilitate the free flow of traffic through the business area, and to provide for larger footpath areas for activations and landscaping, consideration to be given to the construction of a general shared car parking of 50 spaces or more for business and commercial needs. Limited on street parking to be provided other than accessible parking and suitably located loading zones. Should a general shared car park be provided, the park can be dedicated to Council (with council agreement) after construction and the appropriate maintenance period. Car parking in such a shared arrangement will be allocated to the development based on the rates in Chapter B4 of DCP 2014 at the time of approval. Any additional development not catered for in this approval will need to provide parking onsite.

c) Resident parking and loading bays to be provided onsite at the rear of the premises. Loading bays to be designed to facilitate the storage and collection of waste and the loading and unloading of goods.

8. Where vehicular access is proposed across pedestrian areas or footpaths, the design must give priority to pedestrian amenity, accessibility and safety whilst ensuring that contemporary vehicle and traffic safety criteria are achieved.

9. The public domain to:

a) Incorporate the principles of Crime Prevention Through Environmental Design (CPTED) and Safer by Design (NSW Police) into all development within the neighbourhood centres.

b) Provide a high quality landscape design including a co-ordinated package of street furniture and lighting that enhances the character of the neighbourhood centres.

c) Street trees and other landscaping to be provided through the neighbourhood centre to provide shade, manage stormwater by WSUD and to assist with managing the micro climate. On average one tree to be provided every 15 metres and can be sited in roadside blisters to delineate parking and loading zones.

d) Site servicing and loading facilities, waste storage and other infrastructure is to be designed to minimise visual impact on the public domain and impacts on neighbours.

e) Bus stops to be provide on both sides of the road within or on the immediate periphery of the Neighbourhood Centre Zone.

f) Commercial development adjacent to the RE1 Zone to address the Park by shops, businesses and cafes or other food and drink premises opening onto the reserve area at the ground level through outdoor dining areas, display areas and large doors and windows fronting the park. Landscaping along the frontage to provide a shady environment with a footpath and cycleway providing access along the boundary of the two zones.

Figure E8.14 Example of Cafe opening onto a park area

g) Footpath dining permissible in accordance with Chapter D4 of Byron DCP 2014

h) Public Art to be provided in accordance with Chapter D8 of Byron DCP 2014.

10. Plumbing of development within the Neighbourhood Zone to consider the potential need for liquid trade waste treatment systems as per D4.2.6 of Byron DCP 2014.

11. Any shop top housing to be provided in accordance with Chapter D1 of Byron DCP 2014.

E8.10.10.3 Residential Areas

The following controls apply to various forms of residential development including dwelling houses, attached dwellings, dual occupancy, multi-dwelling housing and integrated housing development under 83 of Byron LEP 1988.

Objectives

1. Ensure development is at a bulk and scale that reflects the residential character of Byron Shire.

2. Provide housing with a suitable degree of amenity to cater for the needs of the residents.

3. To facilitate diverse housing outcomes in the R2 Zone and R3 Zone,

4. To encourage sustainable housing through energy and water efficient design measures.

Performance Criteria and Prescriptive Measures see Table E8.3

Note: Photo plates and diagrams following Table E8.3 are provided as examples of some of the planning controls to assist in explaining those provisions.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.10 - Attachment 1

Table E8.3 - Key Controls for Dwelling Houses, Dual Occupancy (attached and detached), multi-dwelling housing and integrated development permissible under Clause 83 of Byron LEP 1988 in the R2 and R3 Zones

Performance Criteria	Prescriptive Measures – R2 Zone		Prescriptive Measures – R3 Zone
1. Location of Development
To ensure residential land has been suitably designed and orientated to accommodate residential development comprising more than 1 dwelling.	For Dual occupancy, multi dwelling housing, residential flat buildings and integrated housing, the land has been identified at the subdivision stage for this type of development.		Not applicable in the R3 Zone
2. Minimum Frontage
Properties are to be of a suitable width to ensure garages, car port and car parking do not dominate the front facade. Safe vehicle access and egress is provided to the development.	· Garages, car ports and car parking areas consume no more than 40% of the main street frontage width. · Where development is located on splayed and battleaxe handle arrangements the development to demonstrate that vehicles can enter and leave in a forward direction. Driveways to comply with AS 2890 and Chapter B3 of Byron DCP 2014. For three or more dwellings passing bays with two way access/ egress will be required at the street frontage. · For development comprising three or more dwellings, corner lots with a shared access on the narrower secondary street frontage is preferable to individual access from the main frontage.		See R2 Controls
3. Setbacks - Streets - Corner Lots - Lanes
Residential development to be designed with suitable setbacks to the street: a. To delineate a clear transition between the public and private domain; b. as an extension to residents landscaped open space area; and c. to ensure safe vehicle access into and out of the property.	a. Front setback to be 4.5 metres from front boundary to building b. Garage line to be 5.5.67 c. metres from front boundary d. Corner lots – 3 metres setback from secondary street boundary to building. e. Rear Lanes – 0.9 metres to the dwelling, 2.5 metres to any garage or car port		a. Same as R2 Zone except front setback is 3.5 metres from front boundary to building
4. Side and rear setback
Side and rear setbacks: a. To provide spatial separation between dwellings in relation to privacy and amenity. b. To enable climate control devices over windows and doors to encroach into the setback. c. To allow zero line setbacks for certain types of residential development	In addition to any setback requirements under the Building Code of Australia the following minimums will apply a. for single storey dwellings - 0.9 metres setback. b. For two storey buildings - 2.5 metres setback for the second storey or any part of the building higher than 4.5 metres. c. Eaves and gutters, canopies and other climate control devices over windows and doors permitted to encroach into the setback. d. Reduced setbacks down to zero line are permitted for attached dual occupancy, multi dwelling housing and integrated development for shared boundaries between the proposed dwellings.		In addition to any setback requirements under the Building Code of Australia the following minimums will apply a. for single storey dwellings - 0.9 metres setback. b. For two storey buildings – 1.5 metres setback for the second storey or any part of the building higher than 4.5 metres. c. Eaves and gutters, canopies and other climate control devices over windows and doors permitted to encroach into the setback. d. Reduced setbacks down to zero line are permitted for attached dual occupancy, multi dwelling housing and integrated development for shared boundaries between the proposed dwellings.
5. Building height
To ensure development maintains the general low rise - two storey nature of residential development in Byron Shire	· 9 metres as per Byron LEP 1988 · Shadow plans required for any two storey proposal for mid winter at 9am, 12 midday and 3pm. Such plans to be provided in plan view as a minimum. · Any third storey elements to be integrated into the roof/ attic space or as a mezzanine level.		Same for R2 Zone
6. Upper level development
Upper level development: a. To maintain neighbourhood privacy and amenity. b. To limit the potential for overlooking into neighbouring properties from upper levels through design. c. To minimize overshadowing of neighbouring properties private open space areas during the winter months	a. Upper level development to be primarily utilised for bedrooms, bathrooms and study areas. b. Main living and kitchen areas to be situated on the ground floor, except where orientated to overlook public open space/ land zoned environmental protection, or where required for solar access provided it can be demonstrated that there is no direct overlooking into adjacent properties with spatial separation of 6 metres or more between dwellings. c. Upper level windows to be sited so that there is no direct looking into upper level windows of adjoining dwellings. Where this cant be achieved windows are sited a minimum 1.7 metres above the upper level floor. d. Any upper level deck/ to be orientated to ensure no direct overlooking of adjoining properties. e. Where required screening with lattice, battens, fixed louvres to be provided over upper level windows and decks/ balconies. The screening to have a maximum of 25% opening with dimension no greater than 50mm. f. No upper levels to overshadow the principle private open space of neighbouring dwellings for more than 3 hours between 9am and 3pm at the winter solstice (21 June). (Note: In certain circumstances applicants may submit 3D or perspective shadow plans as well as in plan view to demonstrate the level of overshadowing on neighbouring dwellings)		Same for R2 Zone
7. Upper wall length
a. To ensure development is at a bulk and scale that is not overbearing for adjoining dwellings. b. To ensure buildings are not dominated by long straight elevations.	a. Maximum allowable continuous upper storey wall length is 12 metres. b. For facades longer than 12 metres, the upper wall must be broken up with a step of 600mm deep for a length of at least 1.8m. The roof line and eaves must follow the line of the step. The stepped area must remain within the building envelope as defined by minimum setbacks.		Same for R2
8. Building design and material in relation to streetscape
a. To provide articulated building designs that present well to the street. b. To provide for casual surveillance of the street. c. To reflect the coastal environment of Byron Bay and traditional coastal architecture through the use of lightweight materials	a. Front façades to be articulated with one or more of the following: · an entry feature or portico; · a balcony, deck, patio, pergola, terrace or verandah; · an upper level overhang or cantilever; · a window box treatment; · a bay window or similar feature; · an awning or other feature over a window; and · a sun shading feature. b. The articulated feature or element may intrude into the front setback by up to 1 metre (averaged) provided the feature does not exceed 25% of the articulation zone. (eg a property with a frontage width of 12 metres, can have an articulate feature 3 metres wide and intrude into the setback by 1 metre, or the intrusion can be averaged and intrude for example by 0.5 metres but for a width of 6 metres) c. Buildings to utilise a mix of materials and colours to provide interest and variation to the streetscape and to delineate a change in storeys, to embellish an architectural feature or to reflect different elements of the building. d. Dwellings to incorporate windows and doors within the frontage to enable casual surveillance of the public domain and the street. e. Building materials and designs which are heavily urbanised through the use of brick, concrete and tiles or attempt to replicate tuscan, tudor or federation styles will not be supported.		Same for R2
9. Site coverage (includes garages, car ports, decks, balconies and verandas) and size of dwellings to lot size
a. To ensure site coverage for residential development is consistent with the residential character of the area. b. To ensure the size of residential dwellings are proportional to the size of the land. c. To provide for a diversity of dwelling sizes across West Byron.	a. Ground Floor Level – maximum 60% b. Upper Level – maximum 35% c. The maximum number of bedrooms in a dwelling to be sized to the Site (or allotment) area as follows:		a. Ground Floor Level – maximum 70% b. Upper Level – maximum 40% c. The maximum number of bedrooms in a dwellings to be sized to the Site (or allotment) area as follows
	Number of Bedrooms	Site (or allotment) area required per dwelling	Number of Bedrooms	Site (or allotment) area required per dwelling
	1-2 Bedrooms	>150m²	1-2 Bedrooms	>150m²
	3 Bedrooms	>250m²	3 Bedrooms	>200m²
	4 Bedrooms	> 300m²	4 Bedrooms	> 250m²
10. Private open space (POS) and Landscaped area
a. To provide an even distribution of open space, landscaping and building footprint, to facilitate a balance of indoor and outdoor recreation within a garden setting. b. To provide an attractive landscaped area to facilitate the planting of trees, shrubs, lawn and vegetable gardens.	Landscape area to comprise: a. Minimum 30% of the area of an allotment to be landscaping. b. Minimum 50% of the landscaped area must consist of deep soil areas with minimum dimensions of 5 metres. Landscape Plan to be submitted with development application in accordance with E8.10.5.2. Private Open Space per dwelling to comprise a. Minimum 24 m² at ground level with minimum dimension of 4 metres to be provided for Private Open Space b. Must be directly accessible from the living area. c. The principal open space area to receive at least 3 hours of sunlight between 9am and 3pm at the winter solstice (21 June). d. Where the private open space area due to orientation of a property is provided in the front of a property, dwellings to be setback a further metre from the street boundary to accommodate suitable landscaping (eg lilly pilly hedge) for privacy. e. For secondary dwellings a minimum of 15 m² with minimum dimensions of 2.5 metres to be provided in a private courtyard setting. The secondary dwelling not to compromise the overall landscaping and private open space required for the principal dwelling. f. Private Open Space at ground level is a component of the overall landscaped area.		Landscape area to comprise: a. Minimum 25% of the area of an allotment to be landscaping. b. Minimum 50% of the landscaped area must consist of deep soil areas with minimum dimensions of 4 metres. Landscape Plan to be submitted with development application in accordance with E8.10.5.2 Private Open Space to comprise a. Same as R2 Zone except a minimum 20 m² at ground level with minimum dimension of 4 metres to be provided for Private Open Space.
11. Car Parking and Vehicle Access
Development to ensure that a. vehicle access and parking is accommodated on site with an appropriate number of car parking spaces for the dwelling house and the normal activities of the household. b. Safe vehicle access and egress is provided. c. To provide incentives to reduce the dominance of the motor vehicle.	Car parking for residential development to comprise the following: a. 1 – 2 bedroom dwellings - 1 Space b. 3 or more bedroom dwelling – 2 spaces c. Visitor Parking required for multi dwelling housing/ integrated housing comprising 4 or more dwellings at a rate of 1 space/ 4 dwellings d. As a minimum at least one vehicle space/ dwelling to be covered either in a garage or car port. e. Where two spaces are required these can be provided in a tandem arrangement provided the tandem space complies with the minimum setback provisions. f. Access, driveways, maneuvering and turning areas, and structures adjacent to driveways to comply with Chapter B3 and B4 of Byron DCP 2014. g. Driveways where crossing swales to be designed in accordance with Appendix E. h. Where 3 or more dwellings are proposed on a property, mews style development and or common/ central car parking areas are permissible to reduce the amount of land required for the motor vehicle. i. Secondary dwellings are not to be sited to so as to remove car parking servicing the principle dwelling. j. To encourage car pooling and to reduce car dependency for three or more dwellings, a reduction in car parking of 33% will be agreed to for residential development in a community title or strata title arrangement, if a vehicle is provided as part of the common or neighbourhood property and for the use of the residents. The following will be required: · 3 - 8 dwellings – 1 community vehicle · 8 -12 dwellings – 2 community vehicles · More than 12 – 3 community vehicles Details to be provided with the application on the type of vehicle, where it will be garaged on the property under cover, and how it will be maintained, managed, shared and replaced by the residential community. The car(s) is to be no older than 5 years at the time of the issue of the occupation certificate and be able to seat four adults.		Same for R2
12. Energy Conservation
a. To reduce total energy use in residential buildings by reducing heat loss and energy consumption for heating and cooling. b. To utilise design features to passively control the climate within residential dwellings	a. A clothes drying area to be provided in an outdoor area that receives a minimum of 2 hours sunlight midwinter. The area to accommodate a minimum of 25 metres of line. b. Dwellings to be designed to facilitate cross ventilation of air to assist with cooling with operable windows on opposite sides of the house. c. Dwellings to be designed with a roof orientated between the north east to the north west to facilitate the installation of photovoltaic cells for electricity generation or solar hot water systems with a minimum area of 15m². d. The western elevation of dwellings to incorporate a range of climate control features including canopy and shading devices over windows and doors, pergolas and verandahs, and eaves with a minimum width of 450mm for increased shading and weather protection.		Same for R2
13. Fencing
To enable fencing to be erected for privacy, territorial reinforcement between the public domain and private property and security	Any fencing to comply with Chapter D1 of Byron DCP 2014.		Same as R2
14. Adaptable Housing
Development ensures that housing is able to be readily adapted to a resident's changing life-cycle needs.	To comply with Chapter B13 of Byron DCP 2014.		Same as R2
15. Subdivision
To facilitate separate ownership of dwellings in a co-ordinated manner	Where land is to be further subdivided as part of the proposal details to be included with the application including: · a plan of subdivision; · type of titling proposed (eg Torrens, Strata or Community title) and · Management/ Neighbourhood Plan (if required).		Same as R2
16. Waste Disposal
a. Waste to be adequately stored and separated on site prior to being collected by the waste contractor. b. Bin storage area is adequately screened from the public domain. c. Common or shared storage areas permissible for medium density housing forms	In addition to the measures contained in Chapter B8 of DCP 2014 the following to apply: a. Sufficient storage area is available behind the front building line for the location of garbage, recycling and green bins (The three bin system), and the area is not to be visible from the street. b. For three or more dwellings within a strata or community title arrangement, shared waste disposal facilities can be provided on the common or neighbourhood property. c. Details to be provided as to how the three bin system can be accommodated onsite.		Same as R2
17. Stormwater Management And Water Consumption
a. To minimise water consumption from potable water supplies b. To assist with the management of stormwater	a. In addition to any water storage requirements for BASIX a further 3000 litres of storage capacity per dwelling to be provided for stormwater management. b. Rainwater tanks to be connected to the stormwater down pipes from the roof of the dwelling and be plumbed back into the house as a minimum for the flushing of toilet(s) and for external gardening purposes. c. Overflow from the water tank and house to be connected to the street stormwater system generally in accordance with the drawing shown at Appendix F - Typical Stormwater House Connection
18. Co-operative Housing Explanatory Note: This is a type of shared housing in which people come together to live in an intentional community. The housing from the outside may look similar to other residential development in the neighbourhood, but the co-operative can arrange for the sharing of resources, land and other components of the development to provide for a more inclusive type of housing between residents, to have a smaller environmental footprint, and to make housing more affordable. Co-operative housing could be suitable for extended family groups, couples and singles, retirees, students, families, a group of friends, or a community organisation (eg a charity providing housing), provided the residents have the same goals and objectives to live in an intentional housing community. Making housing more affordable is one benefit of Co-operative Housing, but this is partly achieved through a restriction on further subdivision. Potential applicants who wish to pursue this type of residential housing are encouraged to research the topic thoroughly before making application to establish rules of ownership, voting rights, dispute resolution, cost sharing, collective use of resources and exit/ entrance strategies for people who want to move out/ buy in. Other issues for consideration and research include financial and legal implications for the residents living and investing in such housing. The following controls apply:
a. To enable intentional housing communities to develop residential land in a co-operative manner. b. To enable the efficient and shared uses of resources between households on a single property.	a. Should a co-operative housing project be proposed on a lot consisting of three or more dwellings the above residential controls will generally still apply. b. If the property is in the R2 Zone, then the lot will need to be identified for either multi dwelling housing or integrated housing at the subdivision stage. c. Variation will be given to the following in terms of achieving a shared outcome: i. private open space per dwelling down to 15m² provided landscaping minimums are satisfied; ii. Garbage bin and storage areas; iii. Clothes drying areas; iv. Common water tanks; v. Common roof area for solar collectors; vi. Common car parking area for residents and visitors – covered or uncovered; vii. A car parking reduction of 33% will be given, as per Strata and Community Title Development, where a shared car is provided; (See Control 10) viii. Common vehicle access point; and ix. Front setbacks down to 3 metres. d. Such variations are provided on the basis that the land won’t be further subdivided under Torrens, Strata or Community title and a condition of consent will apply. e. Other shared infrastructure may be provided including a vegetable garden, storage shed, bicycles, laundry area, children’s play area, barbeque and outdoor setting. f. Details to be submitted with the development application on measures for the management of the land, ownership model, rights and responsibilities, dispute resolution, collective use of resources and cost sharing. *Note:* Where a co-operative housing project seeks consent at a latter stage to be further subdivided, applicants will need to demonstrate how the development complies with the normal provisions applicable to housing.		Same as R2 Zone except the land does not need to be identified for multi dwelling housing or integrated housing at the subdivision stage.
19. Secondary Dwellings Secondary Dwellings provide opportunities for applicants to create a range of housing types that will suit family, lifestyle and financial needs. Secondary dwellings can be attached or detached from the main house. They could also be attached with a dual key arrangement to facilitate housing for a growing family or to provide accommodation for an older family member, enabling residents of both dwellings to live together. Alternatively the secondary dwelling could be locked of from the main house, and tenanted to a third party as a stand alone dwelling.
To provide for small affordable housing opportunities	Other than planning controls 1, 11, 14, 15 and 18, Secondary dwellings to comply with the above controls, and the requirements of SEPP Affordable Rental Housing 2009. Dual key arrangements are permissible for secondary dwellings.		Same as R2
20. Seniors Housing or housing for people with a disability Opportunities exist across the residential areas in both the R2 and R3 Zones of West Byron to provide housing for Seniors and people with a disability. No specific prescriptive measures are referenced in this Chapter and applicants are directed to the controls under SEPP (Housing for Seniors or People with a Disability) 2004.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.10 - Attachment 3

West Byron DCP - 2 July 2015 Workshop Notes

Council resolved (15-233):

That the June pre-exhibition community consultation be in the form of a workshop with Councillors, urban design planning and architecture practitioners and community representatives and that the total attendance be limited to 12 (excluding Councillors).

Meeting attendees:

Invited guests: Darryl Anderson (for Stuart Murray); Kate Singleton (Planners North); Jason Trisley (Space Studio Pty Ltd ); Michel Kamphorst (Greg Alderson & Associates); Harley Graham (Architect); Cate Coorey (Byron Residents Group); David Milledge (ecologist); Dailan Pugh (BEACON); Dale Spence (Green Building Centre)

Councillors: Simon Richardson, Alan Hunter, Di Woods, Basil Cameron, Duncan Dey, Chris Cubis, Paul Spooner, Rose Wanchap (Sol Ibrahim -Apology)

Staff: Sharyn French, Chris Larkin, Chris Soulsby, Natalie Hancock

NOTE:

· Whilst the following comments were provided by attendees, no agreement or consensus was reached on any of the points or matters raised.

· Staff to review the following comments and issues and these will be further considered in terms of the drafting of controls for West Byron.

Environment and Recreation areas

Koala and wildlife habitat/corridors

· Focus koalas and wildlife corridors outside of residential areas

· Strengthen key corridors for koala movement. Two corridors identified:

1. North-south corridor along the eastern boundary of the estate bordering Belongil Creek

2. South-easterly to north-westerly corridor along the estates southern boundary

· The two E3 zones towards the eastern side of the development contain Primary Koala Habitat – this needs to be enhanced; concern that location of drains may require removal of existing vegetation; prefer existing trees are retained – consider realigning existing drain corridor to reduce koala impacts

· Existing DCP controls require alternative habitat be provided. Need to consolidate, strengthen and maintain existing HCV.

· Swamp Mahogany (koala food tree) is limited to where it will grow

· Facilitate koala movements across Ewingsdale Rd eg. underpass or overpass, and traffic calming on key residential roads within the estate to enable safe crossing

· The character and design of the roads adjoining the south-east residential areas should integrate considerations from engineers, ecologists and urban designers; they should include traffic calming, not have other roads feeding off from them to reduce the amount of traffic using them, consider street tree selection and placement etc

· Fencing styles need to be considered to encourage or guide/hinder koala movement ( see Koala Beach Estate, Tweed Heads examples)

· Consider swimming pools design (unsightly/deteriorating ropes have led to drop in use or ensure ramp area incorporated into the pool design for ease of exiting), or prohibit pools in some parts of the estate

· Consider banning dogs and or cats from entire estate or sections such as the R2 portions in the south east part of the estate through which one of the koala corridors transect

· Design R2 residential portions in the south east part of the estate to support wildlife movement. Could look to market these residential areas with an ‘Environmental Living’ theme.

· Wildlife corridor through southern most section of R2 residential land required to connect the two wildlife corridors

· Understand if koalas are crossing Ewingsdale Rd through death and sighting records to inform location of wildlife crossing

· KPOM being prepared for the site, more recent studies have been done, can consider dog free zones

· Expertise on designing developments for koalas required

· Possible wildlife sanctuary opportunity east of the R3 Residential zone bordering Ewingsdale rd in existing buildings - although located at key point for possible wildlife crossing on Ewingsdale rd

· Linear nature of residential zones bad design for biodiversity; residential land in the south-east part of the estate is not supported

Wallum sedgefrog

· Location of existing population appears to align with proposed road – exact location of population in relation to the road needs to be confirmed and road realigned if impacting

· Buffers, water quality run-off need to be considered. Include appropriate actions from National Recovery Plan for the wallum sedgefrog and other wallum-dependent frog species in DCP http://www.environment.gov.au/resource/national-recovery-plan-wallum-sedgefrog-and-other-wallum-dependent-frog-species

· connectivity to the potential sedgefrog habitat to the south-east required. As species not currently present at site, need to understand whether it is suitable habitat.

Water quality and Acid Sulphate Soils

· developers preliminary ASS mapping identified 70% of site as ASS – it’s different to Councils ASS mapping

· a comprehensive ASS study and water management plan for the whole site is required upfront along with the infrastructure plan

· concern that drain lowering across the site will increase runoff to Belongil Estuary

· Water Sensitive Urban Design (WSUD) principles being incorporated into the development; permeable surfaces and grass swales should be used to encourage infiltration and reduce run-off to Belongil Creek

· Large quantity of imported sandy fill required to elevate sites from flooding

Recreation Areas

· High density development therefore need for additional recreation spaces

· Enable recreational facilities to be informed and developed in accordance with the demographics buying into the estate

· Recreation node near R3 high density residential: provide for a range of recreational activities including community gardens and young children’s play equipment; ensure commercial precinct adjoining the park activates its frontage eg. cafes outdoor dining fronts the park;

· Provide skate park and or older children recreational activities at Cavanbah Sports Centre

· Provide safe pedestrian crossings over Ewingsdale Rd to link to Cavanbah Sports Centre; consider if pedestrian and koala/wildlife crossings can be collocated

· Examples of recreational areas that work include: Salt, Kingscliff and Williams Reserve, Lennox

· Provide walking loops/circuits throughout the estate and consider placement of walking tracks on the outer edge (eg on road reserve footpath) adjoining the southern E2 land

· Recreation node adjoining Ewingsdale rd: how much useable space if head of the drain system?

Commercial precinct

· ensure safe pedestrian road crossing between split commercial areas or relocate roundabout opposite SAE and entrance road to avoid fragmenting the commercial precinct

Other

· identify what zones have been applied to the remainder of the southern lots – can this land further support wildlife movement?

· Bushfire controls and constraints along the southern part of the estate may force redesign

Industry and Neighbourhood Business Centre

Industry

Who are the target owners/tenants?

· Before determining the layout – need to liaise with Council’s Economic Development section on the types of industries seeking sites and then research what their siting requirements may be.

Image

· Present as an integrated estate with an overall layout concept

· Aim for sustainability in design and image

· Best practice in layout, individual site design and buildings

Interface with Ewingsdale Road

· It was noted that the site is situated between the sports and cultural complex and the town centre; that the level of pedestrian and cycle traffic between these to points is likely to increase; hence design has to be cognitive of the impact on a pedestrian or cyclist, not just the motorist. The approach of the existing industrial estate to Ewingsdale Road was not viewed as the outcome to be a sought.

· Optional ideas:

o Screened behind a wide landscaped verge of endemic vegetation with a walk and cycle way weaving through the space – the aim being to:

§ Retain the small town feel entry to Byron where the passerby is unaware of the industrial estate

§ Extend a ‘finger’ of green into the town

o Blend of built form and landscaping where the passer by is aware of the estate but the appearance of the estate is not bulk industrial, building facades have been designed for pedestrian appeal with a mix of materials, green walls and variation in the alignment and inter dispersed with landscaping – the aim being to:

§ make the space interesting pedestrian or the cyclist

§ Provide surveillance of the pathway from the industrial building e.g. place office components to this frontage where workers look out over the path and roadway space

· Linkage to north side of Ewingsdale Road – options discussed included at level crossings and an overpass for pedestrian and cyclists – viewed as an important issue to be considered early in the design process to ensure land need for the solution is set aside and pathways link up.

Interface to the residential area

· The site layout/buildings should be designed to attract uses that buffer the more intensive industry within the estate and desirably:

o Built form to be complementary in style providing an integrated appearance with residential buildings and achieve an integrated and inviting appearance to this road corridor.

o Incorporate landscaping that screens car parking and complements the buildings

o there were mixed views to the use of a slip road or access to the rear off a side street.

Internal elements to consider

· a centrally located/ or easily accessed shared space for workers in the estate to spend their down time perhaps a pocket park and cafe

· management of runoff from hard areas and buildings – containment of pollutants – sensitive habitats surround the site

· mix of lot sizes – particularly providing larger lot sizes to those available in the existing estate

· consideration could be given to the establishment of a ‘green plan’ for the estate addressing matters of energy efficiency, landscaping and water cycle management.

· Scope for the provision of a electrical vehicle charging station

Neighbourhood Business Centre

Focus

· uses centred on meeting the day to day needs of the residents and industrial estate workers e.g. child care/preschool centre, cafes, small convenience store, evening restaurant /wine bar (Suffolk Park neighbourhood centre was seen as having a good mix – excluding the hotel/motel and Pottsville central street was identified as an attractive space)

· active space both in the day and into the evening

· incorporate a facility for the community to meet and hold meetings

Design points

· car park areas situated to the north of the two sites, to the rear and possibly accessing of a side road, not the main entry road- to be landscaped for shade, heat reduction and visual amenity

· depth of the lots seen as a potential challenge to the design

· the road that dissects the site to be pedestrian in feel

o avoid on street car parking

o integrated and low maintenance landscaping- green walls

o wide footpaths with integrated paving - skate friendly

· furnish the centre and park with attractors for social interaction including carefully placed seating, artwork and recreational equipment – to create a casual meeting place – public space like a piazza

· cafes on edge interconnecting with the parkland – community or themed garden

· parkland to incorporate uses/elements that are attractive to all age groups and abilities

· surrounding medium residential to also interconnect and integrate with the public spaces in the neighbourhood centre – supporting a walkable community

Infrastructure Notes

· Roundabout timing – The presentation should have been shown

· Roads – swale integrates with open space

· Maintenance of swales

· Roundabout should be at Sunrise not SAE – very important

· Native grass in swales and rocks – biodiversity and aesthetic

· Rain garden in local street

· Swales on spine road

· Minimal road width

· One-way for short lengths

· Timing for planting on acoustic wall

Austroads vs Urban Design

· Drain

o pipe option

o retention

· Lower water table risk

· ASS Management Plan needs to be done prior to design of draw

· Veg buffers

· No koala feed at northern part

· Boardwalk in centre of swale – landscaped edges

· Paperbark wetland for drain

· Sedges and wetland treatment

· Fence on drain?

· Veg to inhibit access to drain

Hierarchy of landscaping to match road hierarchy

Fall roads one way no crown

Residential Controls

· Holiday Let Controls/ prohibition needed to ensure housing estate provides for residents not tourists.

· Orientation of lots and housing

o Important to get it right at subdivision stage

o Need Diagrams

o Dual Occupancy should be on corner lots for separate vehicle entrances – and give appearance of single dwellings

· Party Walls for small lots

· Creating housing with reasonable yard/ garden/private open space areas

· Cars – Vehicle shouldn’t dominate

o Car sharing

o Check “Habitat” development in Bayshore Drive

o Investigate common car park ideas

o Mews style lots

· Water

o Incentives for water harvesting

o Purple Pipe –dual reticulation through West Byron (now mandatory in Ballina Shire for new Subdivisions)

o Larger common water tanks – in residential precincts

· House Sizes – Check SEPP 65 - has guidelines on house sizes

· Co-operative Housing

o Possibility for Seniors housing

o MO model doesn’t work very well over time – but Community Title does

· Who is going to own and manage the E2 and E3 Zoned areas?

o Community title a possibility – adjacent residential estates also have ownership and management of residual E2 and E3 Zone land

o Also providing buffers and habitat links/ corridors

· Sustainability

o Longevity of dwellings and building materials

o Site coverage – need for a deep soil zone – check Tweeds controls – enable a tree to be planted in yards

o Privacy – dwellings should be orientated to the street or the rear boundary not side boundary

o Solar orientation – not so critical north of Coffs Harbour due to climate,

o roof orientation important for solar collectors (hot water etc)

· Staging – what infrastructure is needed for residents – DCP needs to clarify

o Open space

o Road works eg bypass

o Are there hold points in lots to be released until certain infrastructure has been constructed

o Link to Traffic Study(s) for Byron Bay?

o Upfront management plans for Stage 1 (Koala Plan of Management, Acid Sulfate Soils Plan, Water Management Plan etc)

· Baseline Data and Monitoring – Water Quality

o As development Proceeds monitoring required

o if decrease in water quality this becomes a hold point for development until issue resolved.

· Look to overseas examples

· Controls need to be prescriptive and maybe broken into precincts

· Connectivity across Ewingsdale Road

o Pedestrians

o Wildlife

· Amendment to LEP/ New LEP Controls

o Lot size provisions in the R2 Zone too small - down to 150m2 lots

o DCP provisions cant override LEP controls

· Filling

o Need a fill plan

o Filling should be limited

· Innovative use of materials

o Recycled

o New age materials

o longevity of materials

· Adaptable Housing

o Build Up front in dual occupancy arrangements to enable house to be used as 1 large or two smaller dwellings depending on residents needs etc

o Dual Key idea for housing

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 2

10.2015.196.1

CONDITIONS OF CONSENT:

Parameters of this Consent

1) Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.	Description	Prepared by	Dated:
A1 Issue B	Site Plan	Frank Stewart Architects	March 2015
A5 Issue A	Level 1 Floor Plan (Pearl)	Frank Stewart Architects	March 2015
A6 Issue A	Level 2 Floor Plan (Pearl)	Frank Stewart Architects	March 2015
A7 Issue A	East & North Elevation	Frank Stewart Architects	March 2015
A8 Issue A	West & South Elevation	Frank Stewart Architects	March 2015
A9 Issue B	Level 1 Floor Plan (Oyster)	Frank Stewart Architects	March 2015
A10 Issue B	Level 2 Floor Plan (Oyster)	Frank Stewart Architects	March 2015
A11 Issue B	Level 3 Floor Plan (Oyster)	Frank Stewart Architects	March 2015
A13 Issue B	North & South Elevation (Oyster)	Frank Stewart Architects	March 2015
A14 Issue B	East & West Elevation (Oyster)	Frank Stewart Architects	March 2015
	Statement of Heritage Significance and Conservation Policy	Frank Stewart Architects	April 2015

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

2) Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia ,

(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building.

(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

3) Erection of signs

(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(5) This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.

(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.

Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

4) Notification of Home Building Act 1989 requirements

(1) For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989 .

(2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:

(i) the name and licence number of the principal contractor, and

(ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and

(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

(3) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

(4) This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.

5) Existing building/s to be bought into compliance with fire safety provisions

In accordance with Clause 94 of Environmental Planning & Assessment Regulation 2000, the existing building is to be brought into compliance with the fire protection and structural provisions of the Building Code of Australia.

6) Concurrent Approvals

The following approvals are provided under Section 78A of Environmental Planning and Assessment Act:

Concurrent Approvals under Section 68 of the Local Government Act 1993

Part B Water supply, sewerage and stormwater drainage work

B1 Carrying out water supply work

B3 Installing, altering, disconnecting or removing a meter connected to a service pipe

B4 Carrying out sewerage work

B6 Connecting a private drain or sewer with a public drain or sewer under the control of a council or with a drain or sewer which connects with such a public drain or sewer

These works must be carried out to the satisfaction of Byron Shire Council and can not be assessed for the purpose of compliance, or otherwise deemed acceptable by a private certifier.

The following conditions are to be complied with prior to issue of a Construction Certificate

7) Heritage Management Plan

A Heritage Management Plan prepared by a suitably qualified professional with experience in heritage buildings to be prepared and submitted for approval prior to the issue of the Construction Certificate. The plan is to include the following details and measures:

· Details of demolition works including demolition plans

· Photographic recording prior to the commencement of works

· Photographic recording of the works in progress

· Lodgment with the Brunswick Valley Historical Society of copies of the demolition plans and photographic recordings

· Regular inspections by a recognized Heritage Consultant during the works (Minimum of two) and prior to the issue of the Occupation Certificate.

· 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.

8) 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/

9) On-site stormwater detention - Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to carry out on-site detention drainage system and connection to a Council approved drainage system.

Note: The plans must be in compliance with Council’s Development Control Plan 2010, Part N and Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. Refer to Council’s website for copies of these documents.

10) Consent required for works within the road reserve – Rear Lane.

Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.

Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works:

Adjustment of Services

Road works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities and to ensure that the services are constructed flush with the finished surface levels.

Road pavement and drainage – Rear Lane

Pavement widening and construction of the existing bitumen sealed rear Lane for the full width of the Lot and through to the existing full width construction of the Lane east of the Lot at the Park Street end. The new construction is to be of a comparable width, formation and profile as that fully constructed section. The works are to provide for two way traffic flows, bitumen seal pavement, drainage as required and concrete edge/kerb and/or kerb & gutter.

11) Roads Act Approval – New Driveway in Mullumbimbi Street.

Approval has been granted with this consent (Council reference No: 51.2015.196.10 For the following works within the road reserve of Mullumbimbi Street:

a) Driveway – 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.

12) Traffic Management Plan Roadworks in Mullumbimbi Street & Rear Lane.

Consent from Council must be obtained for a Traffic Management Plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

“The plan shall incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site”.

The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

13) Car parking layout, vehicle circulation and access plans required.

The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.

The access, parking and manoeuvring for the site is to comply with the requirements of Council’s DCP 2014, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities.

Plans are to include, but not be limited to, the following items:

a) pavement description;

b) a minimum of 12 on site car spaces; inclusive of 1 space for Manager, 1 disabled space, and 3 visitor spaces;

c) existing and design levels;

d) Safety Sight Line Triangle at rear Lane access (per AS 2890.1);

e) drainage (pipes, pits, on-site detention, etc.);

f) turning paths;

g) linemarking and signage;

Such plans and specifications must be approved as part of the Construction Certificate.

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

14) Bond required to guarantee against damage to public land

A bond of $2000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.

15) Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued upon payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.

Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.

Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.

Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081. Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

Payment by Personal or Company Cheque will not be Accepted

16) Commercial Swimming Pool Design

The swimming pool, including a spa, is subject to Public Health Act 2010 & Regulation 2012 requirements.

Water and sewerage load demands from the pool will be generated by top-up water requirements due to splash-out, evaporation, backwash water demand and backwash water discharged to sewer.

A letter of receipt will be issued on completion of:

· Provision of detailed design plans, including pump size/capacity, filter type/size/capacity, pipework diameters for the swimming pool and associated water management processes;

· The swimming pool is also subject to Trade Waste requirements.

17) Details of pool fence required

The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool in accordance with the Swimming Pools Act 1992 and AS1926.1.

Such plans and specifications must be approved as part of the Construction Certificate.

18) BCA Report

A report from an appropriately qualified person detailing how the existing building “Barnes House” will be upgraded in terms of the Fire Safety and Structural provisions of Part B,C,D, and E of the BCA is to be submitted to the PCA for approval prior to the issue of the Construction Certificate.

19) Heritage Management

The Heritage Management Plan to be followed during construction of the proposed development.

20) Geotechnical Report required – Soil Classification

A soil report is to be provided to the Principal Certifying Authority from a professional Engineer experienced in Geotechnical Science as to the classification of the soil type on the site, consistent with the requirements of AS2870.

21) Long Service Levy

A Long Service Levy must be paid to the Long Service Payments Corporation. These payments may be made to Council’s Administration Office, Station Street, Mullumbimby. Cheques are to be made payable to Byron Shire Council. This is a State Government Levy and is subject to change.

22) Public liability insurance cover required

The developer and/or contractor must produce evidence to the Principal Certifying Authority of public liability insurance cover for a minimum of $10 million. Council is to be nominated as an interested party on the policy.

1) Landscaping plan required

The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Chapter 9.2.4, 9.3 & 9.6, of Development Control Plan 2014. It is preferred that locally occurring rainforest species including at least 3 tuckeroo trees are planted. The landscaping plan must indicate:

a) proposed location for planted shrubs and trees

b) botanical name of shrubs and trees to be planted

c) mature height of trees to be planted

d) location of grassed and paved areas, and

e) location of trees identified for retention in the development application plans.

f) The plan is to be prepared by a suitably qualified landscape architect / architect /ecologist who has appropriate experience and competence in landscaping.

*Note: eucalypt species are unsuitable for this site.

Such plans and specifications must be approved as part of the Construction Certificate.

23) Compliance with BASIX Certificate requirements

The development is to comply with BASIX Certificate No. 622567S, dated 8 April 2015

The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.

Note that the plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the BASIX Certificate.

Minor changes to the energy efficiency measures may be undertaken without the issue of any amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.

Proposed colours must be consistent with the provisions of Section D2.2.3 of Council’s Development Control Plan 2014. Note that white colours are not permissible.

Such plans and specifications must be approved as part of the Construction Certificate.

The following conditions are to be complied with prior to commencement of building works

24) Traffic Management Plan

The approved traffic management plan is to be implemented.

25) Erosion and Sediment measures

Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A copy may be downloaded from Council’s web site at http://www.byron.nsw.gov.au/pdfs/stormwater/sediment_erosion.pdf. Particular attention is to be given to the provision of the following sediment and erosion control measures:

a) Temporary driveway from the edge of road to the building site;

b) Temporary downpipes immediately installed after the roof has been erected;

c) Silt fence or sediment barrier.

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

26) Plumbing Standards and requirements.

All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications. The changes made are from Plumbers and Drainage Regulation 2012 NSW Government.

a) The licensee is to provide 24 hours notice and attend the site for the following INSPECTIONS, prior to covering of work. Inspections will be carried out a mutually convenient time:

i) Pre-start and Sediment Control;

ii) Internal Drainage;

iii) External Drainage;

iv) Water Rough In;

v) Fire Services;

vi) Stackwork;

vii) Final - all work completed. - * Note below.

b) A licensee is required to provide to Council and owner of the property after completion of the work and within 48 hours, a Compliance Certificate and Sewer Services Diagram/ Works as Executed drawings.

Note: Council will send each plumber proformas of these documents when the Notice of Work permit has been issued by Council to allow the plumber to commence work.

27) Water service and meter to be connected

A water service and water meter must be connected to the property using an approved backflow prevention device. It is the applicant’s responsibility to engage a licensed plumber who shall liaise with council during this process.

Any new water service and meter will be at the applicants cost.

28) Disconnection of existing water and sewer prior to demolition

Existing water and sewer services must located on site and be properly capped at the main by a licenced plumber. All water and sewer disconnections must be inspected by the Byron Shire Council inspectors prior to backfilling.

- If a property is demolished and no longer needs water supply and/or a sewerage service, a licensed plumber must disconnect the service at the main (also known as 'capping the service').. The plumber must also return the water meter to Council’s inspector at the time of inspection.

- If your development involves consolidating lots and you don’t need all the existing services, you must correctly disconnect them. This ensures that you aren’t billed for unused services and helps avoid future hidden leaks.

Your Plumber must obtain a Plumbing Permit at least two (2) working days prior to commencing work. Please forward an Application for a Plumbing Permit to your plumber to complete and to return to Council prior to commencement of disconnection works. Refer to http://www.byron.nsw.gov.au/files/Forms/Plumbing_Drainage_Permit.pdf.

The following conditions are to be complied with during construction

29) Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a) Monday to Friday, from 7 am to 6 pm.

b) Saturday, from 8 am to 1 pm.

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

30) Construction Noise

Construction noise is to be limited as follows:

a) For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b) For construction periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

Note: Council may impose on-the-spot fines for non-compliance with this condition.

31) Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

32) TV Antennae

TV Antennae and satellite dishes are to be limited where possible and sited such that they are not readily visible from Mullumbimbi Street

33) Demolition of building

All asbestos wastes associated with removal of the existing shed/garage to be disposed of in accordance with the requirements of the Workcover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Council requires 48 hours notice prior to disposal at Council’s waste depot.

Any work involving the removal of lead paint must not cause lead contamination of the air or the ground.

34) Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

The following conditions are to be complied with prior to issue of a Final Occupation Certificate

35) Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

36) Car parking areas to be completed and signs to be provided.

The car parking areas are to be constructed in accordance with the approved plans. Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.

37) Driveways & Roadworks in accordance approved plans

The driveways and roadworks are to be constructed in accordance with the approved plans.

38) Stormwater disposal

Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a) Clear of buildings and infrastructure,

b) Not concentrated so as to cause soil erosion,

c) Not onto adjoining land.

39) Works As Executed drawings are required.

The submission of Works As Executed drawings for the Roadworks.

40) Access and facilities for persons with disabilities are to be provided

Access and facilities for persons with disabilities are to be provided in accordance with Part D3 of Building Code of Australia and AS 1428 - Design for Access and Mobility.

41) Swimming pool fencing

Swimming pool fencing is to comply with the requirements of the Swimming Pool Act 192 and Regulations.

42) Final Fire Safety Certificate (Form 15)

For all works other than domestic construction the Principal Certifying Authority is to be furnished with a final fire safety certificate signed by the owner(s) of the property. The certificate is to indicate that all fire safety measures required to be installed in the building as indicated in the fire safety schedule approved with the Construction Certificate/Complying Development Certificate have been installed and meet relevant Australian Standards for design & installation. Refer to http://www.byron.nsw.gov.au/forms/firesafetystatement

The following conditions are to be complied with at all times

43) Car Parking spaces are to be available for the approved use

A minimum of 12 car parking spaces; inclusive of 1 Manager’s car space, 1 disabled car space, 3 visitor car spaces, are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council.

Tenants and customers of the development must have unrestricted access to the car parking spaces on a daily basis during business hours of the development.

No car parking spaces are to be reserved (generally or specifically) for any tenant or customer. Only one carparking space required for the manager’s/residential component of the development is to be reserved and made available for particular residents.

44) Building not to be used for residential occupation

Excluding the Manager’s Unit, the building must not be used for any form of permanent residential occupation.

45) Vehicles to enter/leave in a forward direction

Vehicles using the car parking off the rear Lane must enter and leave in a forward direction. All driveways and turning areas must be kept clear of obstructions that prevent compliance with this condition.

46) Operator/Manager must reside on the premises

The Operator/Manager of the serviced apartment establishment must be the permanent residents of the dwelling. The establishment must not be used, in whole or part for the permanent or long-term accommodation of any person other than the person or persons who operate and manage the establishment and who normally reside in the dwelling.

47) Restriction on guest/tourist units & bedrooms

A maximum number of 8 units and 11 bedrooms within the serviced apartment tourist development are to be used as guest/tourist serviced apartments.

48) Neighbourhood Amenity

The proposed tourist facility shall not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise.

In particular:

a) The noise level emanating from the use of the premises must comply with the New South Wales Industrial Noise Policy so as not to cause offensive noise.

b) Only clean and unpolluted water is permitted to be discharged to Councils’ stormwater drainage system or any waters.

c) All wastes shall be contained within appropriate containers fitted with a tight-fitting vermin-proof lid.

49) Fire extinguisher and fire blanket to be located in every kitchen

An appropriate fire extinguisher and fire blanket must be located and maintained in every kitchen. An effective evacuation plan must be developed and displayed to ensure the safe escape of patrons from for all areas of the building.

50) Pool Safety Sign

The occupier of the premises must ensure that there is at all times a sign in the immediate vicinity of the swimming pool bearing the words ‘Young children must be supervised when using this swimming pool’. The sign is to be a prominent position and be otherwise in accordance with clause 9 of the Swimming Pools Regulation.

A pool resuscitation sign is to be installed in a conspicuous location within the pool area to the satisfaction of the Principle Certifying Authority.

51) Swimming pool discharge

Swimming pool’s discharge for waste water is to be in accordance with AS/NZS 3500.2.2, Section 10.9 & Figure 10.2.

52) Swimming pool pump location

The filter pump is to be located such that noise from its operations does not cause a nuisance to adjoining residents. If necessary an acoustic enclosure must be provided around the pump to achieve the required noise attenuation.

53) Swimming pool health requirements

The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Council’s Senior Environmental Health Officer and the Health Department of New South Wales. The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times.

54) Swimming Pool Fencing

Swimming pool fencing is to comply with the requirements of the Swimming Pool Act 1992 and Regulations at all times.

Notes

Consent granted under the Roads Act 1993

The following works in the road reserve are granted consent pursuant to Section 138 of the Roads Act 1993.

o Driveway – 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.

This consent is issued by Byron Shire Council, being the road authority, for the above proposed works and/or structures subject to the following conditions:

1) Gutter crossing and driveway are to be constructed in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

2) All work is to be in accordance with Council’s adopted standards.

3) Twenty four hours notice must be given for the following required inspections:

a) upon placing of all formwork and reinforcement, prior to pouring concrete, prior to placement of bitumen seal, and

b) upon completion of all work.

4) All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. The developer and/or contractor must produce evidence to Council of Public Liability Insurance cover for a minimum of $10 Million prior to the commencement of any works. Council is to be named as a Principal in the policy. Council is not be held responsible for any negligence caused by the undertaking of the works.

Please contact Council’s Local Approvals and Certification Officer for the booking of inspections on (02) 6626 7050.

Construction Certificate required:

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing. Application forms are available from the customer services counter or Council’s website www.byron.nsw.gov.au

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Signs require consent:

Council’s Planning Instruments requires development consent for most forms of advertising signs and structures. The Council has adopted a policy relating to outdoor advertising that sets out standards for various forms of advertising. Information is available from Council’s Local Approvals Branch.

Disability Discrimination Act:

All development other than domestic construction must meet the provisions of the Disability Discrimination Act 1992 under which civil action may be taken if access for people with disabilities is denied or provide in a discriminatory way.

Protection of the Environment Operations Act 1997:

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (“on-the-spot fine”) or prosecution.

Section 94A Levy to be paid

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

SCHEDULE 2

Cost Summary Report

[Development Cost greater than $500,000]

DA /CC/CDC No..........................................................................................................................

DATE:..........................................................................................................................................

APPLICANT’S NAME:.................................................................................................................

APPLICANT’S ADDRESS:..........................................................................................................

DEVELOPMENT DETAILS:........................................................................................................

DEVELOPMENT ADDRESS:......................................................................................................

ANALYSIS OF DEVELOPMENT COSTS:

Gross Floor Area – Commercial	m²	Gross Floor Area – Other	m²
Gross Floor Area – Retail	m²	Total Gross Floor Area	m²
Gross Floor Area – Car Parking	m²	Total Site Area	m²
Total Development Cost	$	Total Car Parking - Spaces
Total Construction Cost	$
Total GST	$

I certify that I have:

· inspected the plans the subject of the application for development consent or construction certificate.

· calculated the development costs in accordance with the definition of development costs in clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices.

· included GST in the calculation of development cost.

Signed: .......................................................................................................................................

Date: ...........................................................................................................................................

Name: .........................................................................................................................................

Phone: ........................................................................................................................................

Position and Qualifications: ........................................................................................................

Address:

REASONS for imposition of conditions

· To ensure access for people with access disabilities.

· To comply with the provisions of Byron L.E.P. 2014.

· To provide adequate off street parking space for the anticipated traffic that will be generated by the development.

· To ensure the development is completed in accordance with conditions of consent and approved plans.

· To preserve the environment and existing or likely future amenity of the neighbourhood.

· To ensure adequate access to and from the development.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 1

bsc_logo_150dpi_rgb

Planning Proposal

General Policy and Housekeeping Changes In Byron Shire

(Byron Shire Council)

Authority ref: 26.2015.3.1

V1 Gateway Version (#E2015/54624)

24 August 2015

Part 1 Introduction. 2

Purpose. 2

Property details and existing zones. 2

Background. 2

Part 2 Explanation of provisions. 4

Part 3 Justification. 7

Section A Need for the planning proposal 7

1 Is the planning proposal a result of any strategic study or report?. 7

2 Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?. 7

3 Is there a net community benefit?. 7

Section B Relationship to strategic planning framework. 7

1 Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy (in this case the Far North Coast Regional Strategy)?. 7

2 Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan?. 7

3 Is the planning proposal consistent with the applicable State Environmental Planning Policies (SEPPs)?. 8

4 Is the planning proposal consistent with applicable Ministerial Directions (s117 Directions)?. 9

Section C Environmental, social and economic impact 28

1 Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats will be adversely affected as a result of the proposal?. 28

2 Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?. 28

3 How has the planning proposal adequately addressed any social and economic effects?. 28

Section D State and Commonwealth interests. 28

1 Is there adequate public infrastructure for the planning proposal?. 28

2 What are the views of State and Commonwealth public authorities consulted in accordance with the gateway determination?. 28

Part 4 Mapping. 29

Part 5 Community consultation. 29

Part 6 Project timeline. 29

Summary and conclusions. 30

Appendix 1: Maps........................................................................................... 31

Part 1 Introduction

Purpose

The purpose of this 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.

Property details and existing zones

This planning proposal involves 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.

It will create the ability to undertake a “special purpose subdivision” in all RU1 Primary Production and RU2 Rural Landscape land.

It will alter 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.

It will remove R5 Large Lot Residential from part of Clause 4.1D relating to subdivision of split zone lots and insert it into other parts of the same clause.

On 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 relevant LEP maps for FSR and MLS 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 to better align an existing 300m²MLS with a recent subdivision approval.

Background

It is important that LEP 2014 be kept up to date and contains the planning controls desired by Council and the Byron Shire community. Major changes would normally be dealt with in stand-alone planning proposals. Minor policy changes and simple amendments (often unrelated) are clustered together in a single planning proposal such as this one.

With a diverse group of proposed changes to Byron LEP 2014 the assessment against State and regional planning controls can be confusing. Certain controls will be relevant to some of the proposed changes and not to others, and vice a versa. Proposed changes to Byron LEP 2014 in this planning proposal will only be discussed in relation to those controls that are specifically relevant to that particular change.

Council Owned Land

Some of the land affected by this planning proposal is owned by Council as follows:

Item ‘Q’ includes Lot 11 DP1128095 and Lot 606 DP 240398. These are two very narrow lots (approximately 600mm wide and too small for any type of development) that 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.

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.

Part 2 Explanation of provisions

The intended outcomes are to be achieved by an amendment to Byron Shire Council LEP 2014 as follows:

A. Insert recreation facility (indoor) in the B1 Neighbourhood Centre land use table as permissible with consent

B. Insert secondary dwelling in the R2 Low Density Residential and R5 Large Lot Residential land use tables as permissible with consent

C. Insert dual occupancy (detached) in the R5 Large Lot Residential land use table as permissible 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).

E. Insert waste or resource management facilities as a prohibited use in the B2 Local Centre, B4 Mixed Use and B7 Business park zones land use tables. Delete any references to its “child” definitions in these land use tables wherever they occur.

F. Delete environmental facilities as a prohibited use in the B4 Mixed Use zone land use table.

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.

H. Insert electricity generating works as a prohibited use in the IN2 Light Industrial zone land use table.

I. Insert roads in the W1 Natural Waterways and W2 Recreational Waterways zones land use tables as permissible 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. The following provision is proposed:

Exceptions to minimum lot sizes for certain rural subdivisions

(1) The objective of this clause is to enable the subdivision of land in rural areas to create lots of an appropriate size to meet the needs of current permissible uses other than for the purpose of dwelling houses, dual occupancies or secondary dwellings.

(2) This clause applies to the following rural zones:

(a) Zone RU1 Primary Production,

(b) Zone RU2 Rural Landscape.

(3) Land to which this clause applies may, with development consent, be subdivided to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land, where the consent authority is satisfied that the use of the land after the subdivision will be the same use (other than a dwelling house or a dual occupancy or secondary dwelling) permitted under the existing development consent for the land.

(4) Development consent must not be granted for the subdivision of land to which this clause applies unless the consent authority is satisfied that:

(a) the subdivision will not adversely affect the use of the surrounding land for agriculture, and

(b) the subdivision is necessary for the ongoing operation of the permissible use, and

(c) the subdivision will not increase rural land uses conflict in the locality, and

(d) the subdivision is appropriate having regard to the natural and physical constraints affecting the land.

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/s” wherever it occurs.

L. Amend clause 4.1D relating to subdivision of split zone lots and insert it into other parts as follows:

4.1D Exceptions to minimum subdivision lot sizes for certain split zones

(1) The objectives of this clause are as follows:

(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,

(b) to ensure that the subdivision occurs in a manner that promotes suitable land use and development.

(2) This clause applies to each lot (an original lot) that contains:

(a) land in a residential, large lot residential, business or industrial zone, and

(b) land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, ~~Zone R5 Large Lot Residential~~ or Zone SP3 Tourist.

(3) Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the resulting lots) if:

(a) one of the resulting lots will contain:

(i) land in a residential, large lot residential, business or industrial zone that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and

(ii) all of the land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, ~~Zone R5 Large Lot Residential~~ or Zone SP3 Tourist that was in the original lot, and

(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.

M. Permit registered clubs as an additional use on the Cavanbah Sports Centre site at West Byron (Lot 3 DP 706286) by amending Schedule 1 as follows:

6 Use of certain lands at Ewingsdale Road, West Byron

(1) This clause applies to land at Ewingsdale Road, West Byron being part of Lot 3 DP 706286.

(2) Development for the purposes of a registered club is permitted with development consent.

N. Amend map sheet ‘HER 002’ and Schedule 5 Environmental Heritage by deleting Heritage item I173 located atLot 530 DP238451, Orana Road, Ocean Shores (Roundhouse site), as indicated in Map 1 of Appendix 1.

O. Permit a dwelling house on Lot 1 DP 394451, Jones Road by inserting a new item in schedule1 as follows:

7. Use of certain land at the Jones Road, Wooyung

(1) Lot 1 DP 394451, Jones Road, Wooyung.

(2) Development for the purposes of a dwelling house is permitted with development consent.

P. Amend map sheet ‘LZN 003D’ to correct an error with the zone label for Lot 1 DP 1031848 by changing the label from “educational establishment” to “private education facility”, as indicated in Map 2 of Appendix 1. Insert a new item in schedule 1 as follows:

8. Use of certain land at the Coast Road, Broken Head

Lot 1 DP 1031848, The Coast Road, Broken Head (The Linnaeus Estate). A Private Education Facility with ancillary facilities is permitted on this land. A Private Education Facility is defined as a facility that provides for professional and personal development through a variety of academic, cultural, and vocational programmes and includes communal buildings and facilities and accommodation units.

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, as indicated in Map 3 of Appendix 1. 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 FSR of 0.5 for the above lots.

R. Amend map sheet ‘LSZ 003CB’ to better align location of the existing 300 m² MLS for certain land at Bangalow (Lot 12 DP1189289) with a recent subdivision on the same parent lot further to the west, as indicated in Map 4 of Appendix 1.

Part 3 Justification

Section A Need for the planning proposal

1 Is the planning proposal a result of any strategic study or report?

No. The amendments contained in this planning proposal have arisen from Council resolutions as well as issues raised by Council staff, consultants and community members.

2 Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

A planning proposal is considered to be the only way to amend land use tables for various zones, clauses and / or schedules to LEP 2014.

3 Is there a net community benefit?

The main focus of the NCB test is to ensure that centres remain compact and viable and linked to existing and proposed transport networks (particularly public transport).

Assessment against the Net Community Benefit Assessment Criteria is not appropriate for a planning proposal that deals with collection of unrelated issues in a range of zones and circumstances (urban and rural).

Section B Relationship to strategic planning framework

1 Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy (in this case the Far North Coast Regional Strategy)?

The planning proposal is not relevant to most of the objectives and actions of the Far North Coast Regional Strategy (FNCRS) because they are administrative matters rather than policy. However, some do raise policy issues and these are largely consistent with the outcomes and actions contained within the FNCRS. In particular, these actions relate to Cultural Heritage, Settlement and Housing, and Economic Development and Employment Growth. The proposal specifically responds to the following FNCRS actions:

· Councils …will review the scope and quality of the existing lists of heritage items and ensure that all places of significance are included in the heritage schedules of local environmental plans (page 20). (This is relevant to item N).

· Councils will plan for a range of housing types of appropriate densities, location and suitability that are capable of adapting and responding to the ageing population (page 29). (This is relevant to item B and C).

· Future rural residential land will only be released in accordance with a Local Growth Management Strategy. (This is relevant to Item O).

· Local environmental plans will facilitate employment growth…..and local jobs in towns, villages and neighbourhood centres (page37). (This is relevant to items A, J and M).

2 Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan?

In 2012 Council adopted a 10 year + Community Strategic Plan 2022 (CSP). The plan is based on five key themes being Corporate Management, Economy, Environment, Community Infrastructure, Society and Culture. The planning proposal is generally consistent with the following relevant goals:

CM4.1 Promote community compliance with Acts, Regulations, Instruments and Council policies and standards	Ensuring Council’s planning controls remain up to date increases the likelihood of community compliance.
EC1.2 Support and strengthen local businesses and local business networks	Items A, J and M will all support existing or future business opportunities in parts of the Shire.
SC2.1 Provide a range of recreational, cultural and community opportunities	Item M will enable part of the Cavanbah Sports Centre site to be used for a registered club if the opportunity arises.

On this basis the planning proposal is generally consistent with Council’s CSP.

3 Is the planning proposal consistent with the applicable State Environmental Planning Policies (SEPPs)?

State Environmental Planning Policies (SEPP) relevant to this planning proposal are as follows:

State Environmental Planning Policy (SEPP)	Compliance of Planning Proposal
SEPP 71 – Coastal Protection	Most of the changes in this planning proposal could result in applications in the coastal zone of Byron Shire. The aim of the SEPP and the matters for consideration in clause 8 of the SEPP are matters that Council will consider on a site specific basis in future development applications. In most cases the development will either be in existing urban areas or relatively small scale. If larger scale development is proposed it will need to be carefully considered. The planning proposal is compliant with the aims of the SEPP.
SEPP 55 – Remediation of Land	Two items are affected directly by this SEPP. Item Q (Kulgan Court Ocean Shores) is changing from a rural to an urban 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. 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. Although the planning proposal is not consistent with SEPP 55 there is sufficient time while it is on exhibition to obtain this information and supply it to Council for consideration before it makes a final decision. Or alternatively, a contamination assessment can be undertaken at the development application stage once the dwelling curtilage and accompanying land uses are known.
SEPP- Rural Lands	This SEPP identifies rural planning principles (clause 7) that must be taken into account when a Council prepares a planning proposal. These are brought into effect through a s117 Direction and are dealt with in more detail in the following section. It also identifies matters to be considered in determining development applications for rural subdivision and rural dwellings (clause 10). The planning proposal is consistent with the rural planning principles and any application arising from this planning proposal will only be approved if it is consistent with the matters in clause 10. On balance it is consistent with the SEPP.

4 Is the planning proposal consistent with applicable Ministerial Directions (s117 Directions)?

Consistency with s117 Directions is assessed in the following table:

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 1

Consistency with S117(2) Directions

S117 Direction	Application	Relevance to this planning proposal	Consistency with direction
1. Employment and Resources
1.1 Business and Industrial Zones	Applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed business or industrial zone (including the alteration of any existing business or industrial zone boundary).	This planning proposal will not affect the boundaries or extent of business or industrial zones. However it will make minor alterations to the land use tables for the B1, B2, B4, B7, IN1 and IN2 zones. This will not reduce the area available for employment and will not significantly alter any locations for business or industry.	Consistent
1.2 Rural Zones	Applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed rural zone (including the alteration of any existing rural zone boundary). Under this direction a planning proposal must: (a) not rezone land from a rural zone to a residential, business, industrial, village or tourist zone. (b) not contain provisions that will increase the permissible density of land within a rural zone (other than land within an existing town or village).	This planning proposal will apply to rural zoned land. Item Q will rezone land at Ocean Shores from a rural zone (RU2) to a residential zone (R2). It will also lower the minimum lot size from 40 hectares to 600 square metres. The inconsistency with the planning proposal is justified in this case because the subject land is surrounded by zoned residential land on two sides, is not used for agriculture or identified as state/regionally significant farmland, is fully serviced and has no significant environmental values. It is very small 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. Item O will not alter the zone of the rural land but will permit a dwelling on this small lot at Jones Road which alters the dwelling density in this location. The inconsistency is justifiable as a minor matter pursuant to sub clause 5(d) of the Direction.	Justifiably inconsistent
1.3 Mining, Petroleum Production and Extractive Industries	Applies when a relevant planning authority prepares a planning proposal that would have the effect of: (a) prohibiting the mining of coal or other minerals, production of petroleum, or winning or obtaining of extractive materials, or (b) restricting the potential development of resources of coal, other minerals, petroleum or extractive materials which are of State or regional significance by permitting a land use that is likely to be incompatible with such development.	Nothing in this planning proposal will prohibit or restrict exploration or mining.	N/A
1.4 Oyster Aquaculture	Applies when a relevant planning authority prepares any planning proposal that proposes a change in land use which could result in: (a) adverse impacts on a Priority Oyster Aquaculture Area or a “current oyster aquaculture lease in the national parks estate”, or (b) incompatible use of land between oyster aquaculture in a Priority Oyster Aquaculture Area or a “current oyster aquaculture lease in the national parks estate” and other land uses.	Priority Oyster Aquaculture Areas (POAA) exist in the Brunswick River however most land in the vicinity of the POAA is already zoned for environmental protection or within the National Parks estate. There is minimal likelihood the planning proposal will have adverse impacts on POAA as the matters in it are either minor or will be subject to an environmental assessment on a case by case basis through the development application process.	Consistent.
1.5 Rural Lands	Applies when: (a) a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed rural or environment protection zone (including the alteration of any existing rural or environment protection zone boundary), or (b) a relevant planning authority prepares a planning proposal that changes the existing minimum lot size on land within a rural or environment protection zone. A planning proposal to which clauses (a) and (b) apply must be consistent with the Rural Planning Principles listed in State Environmental Planning Policy (Rural Lands) 2008. A planning proposal to which clause (b) applies must be consistent with the Rural Subdivision Principles listed in State Environmental Planning Policy (Rural Lands) 2008.	This planning proposal will affect land zoned RU1 and RU2. It will also alter the minimum lot size on some rural land. It is consistent with the Rural Planning Principles listed in State Environmental Planning Policy (Rural Lands) 2008 as follows: (a) the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas – the proposed amendment does not undermine or create conflict with agriculture or other rural land uses. The land at Ocean Shores (Item Q) already has an approval for seniors housing and is in a fully serviced urban area. The land at Jones Road (Item O) borders onto Billinudgel Nature Reserve, other small rural residential lots and is near to a major music festival site (North Byron Parklands). Any development application for a dwelling will need to address these neighbouring land uses. The opportunity to create rural lots for “special purposes” will be sparingly used, with the ability to create a lot less than the prevailing MLS being available only for existing approved uses (other a dwelling, dual occupancy or secondary dwelling). (b) recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State – the future use of land resulting from this planning proposal will not have an impact on high value agricultural land. (c) recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development – Byron Shire has a Sustainable Agriculture Strategy that recognises the importance of agriculture in the Shire along with the benefits of protecting rural land uses. This planning proposal is generally consistent with the Strategy’s vision, goals and guiding principles. (d) in planning for rural lands, to balance the social, economic and environmental interests of the community – both Item O and Item Q are unusual circumstances and will not change the nature of rural land use generally. A dwelling at Jones Road (Item O) may increase the agricultural output of this small lot. The proposed changes are consistent with the socio-economic interests of the Byron Shire community. (e) the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land – Item Q is a small area with no significant environmental values and/or i other development constraints. It has been subject to a preliminary contamination analysis which showed it is not likely to be contaminated. Item O is not as well documented. It is partly cleared and partly vegetated with coastal swamp forest, rainforest and wet sclerophyll forest. It is listed as containing a registered Aboriginal site. It is unknown at this stage whether any past landuses may have left it contaminated. (f) the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities – a dwelling at Jones Road (Item O) will make a minor contribution to rural lifestyle opportunities in Byron Shire. (g) the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing –services and infrastructure will be addressed in any future dwelling application at Jones Road (item O). (h) ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General –this planning proposal is largely consistent with the outcomes and actions contained within the Far North Coast Regional Strategy . Item O (Jones Road) is generally consistent with Byron Rural Settlement Strategy (section 6.5 – Dwelling Entitlements). The lot was created before 1 January 1998 and appears to be large enough to accommodate a dwelling site on areas not affected by significant vegetation. However, more information is required on site ecology, past land use and bushfire hazard.	Consistent.
2 Environment and Heritage
2.1 Environment Protection Zones	A planning proposal must include provisions that facilitate the protection and conservation of environmentally sensitive areas. A planning proposal that applies to land within an environment protection zone or land otherwise identified for environment protection purposes in a LEP must not reduce the environmental protection standards that apply to the land (including by modifying development standards that apply to the land). This requirement does not apply to a change to a development standard for minimum lot size for a dwelling in accordance with clause (5) of Direction 1.5 “Rural Lands”.	The planning proposal does not alter or remove any environment protection zone. No environmental standards will be reduced by the proposed LEP changes.	Consistent
2.2 Coastal Protection	Direction applies when a relevant planning authority prepares a planning proposal that applies to land in the coastal zone. A planning proposal must include provisions that give effect to and are consistent with: (a) the NSW Coastal Policy: A Sustainable Future for the New South Wales Coast 1997, (b) the Coastal Design Guidelines 2003, (c) the manual relating to the management of the coastline for the purposes of section 733 of the Local Government Act 1993 (the NSW Coastline Management Manual 1990).	Some land affected by this planning proposal is located within the coastal zone, which affects the eastern half of Byron Shire. It is consistent with the NSW Coastal Policy as there is minimal likelihood of physical impact on the environment and where a development is not minor, it will require a development application. Council will consider (where applicable) the management of the coastline and response to emergencies as part of any application it receives for land affected by coastal erosion in Byron Shire.	Consistent.
2.3 Heritage Conservation	A planning proposal must contain provisions that facilitate the conservation of: (a) Items, places, buildings, works, relics, moveable objects or precincts of environmental heritage significance to an area, in relation to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item, area, object or place, identified in a study of the environmental heritage of the area, (b) Aboriginal objects or Aboriginal places that are protected under the National Parks and Wildlife Act 1974, and (c) Aboriginal areas, Aboriginal objects, Aboriginal places or landscapes identified by an Aboriginal heritage survey prepared by or on behalf of an Aboriginal Land Council, Aboriginal body or public authority and provided to the relevant planning authority, which identifies the area, object, place or landscape as being of heritage significance to Aboriginal culture and people.	Byron LEP 2014 currently contains provisions that are consistent with this Direction. Removing the Roundhouse from Schedule 5 (Item N) will not contradict this S.117 Direction as the building no longer exists and the land on which it once stood has been subdivided for residential development. Before the planning proposal is finalised it is important that an Aboriginal heritage ‘due diligence’ assessment is undertaken by a qualified person in relation to Item O (Jones Road).	Consistent
2.4 Recreation Vehicle Areas	A planning proposal must not enable land to be developed for the purpose of a recreation vehicle area (within the meaning of the Recreation Vehicles Act 1983): (a) where the land is within an environment protection zone, (b) where the land comprises a beach or a dune adjacent to or adjoining a beach, (c) where the land is not within an area or zone referred to in paragraphs (4)(a) or (4)(b) unless the relevant planning authority has taken into consideration: (i) the provisions of the guidelines entitled Guidelines for Selection, Establishment and Maintenance of Recreation Vehicle Areas, Soil Conservation Service of New South Wales, September 1985, and (ii) the provisions of the guidelines entitled Recreation Vehicles Act, 1983, Guidelines for Selection, Design, and Operation of Recreation Vehicle Areas, State Pollution Control Commission, September 1985.	The proposal does not enable land to be developed for the purpose of a recreation vehicle area.	N/A
3. Housing, Infrastructure and Urban Development
3.1 Residential Zones	This direction applies when a relevant planning authority prepares a planning proposal that will affect land within: (a) an existing or proposed residential zone (including the alteration of any existing residential zone boundary), (b) any other zone in which significant residential development is permitted or proposed to be permitted. A planning proposal must include provisions that encourage the provision of housing that will: (a) broaden the choice of building types and locations available in the housing market, and (b) make more efficient use of existing infrastructure and services, and (c) reduce the consumption of land for housing and associated urban development on the urban fringe, and (d) be of good design. A planning proposal must, in relation to land to which this direction applies: (a) contain a requirement that residential development is not permitted until land is adequately serviced (or arrangements satisfactory to the council, or other appropriate authority, have been made to service it), and (b) not contain provisions which will reduce the permissible residential density of land.	The planning proposal will affect residential zoned land. The purpose of the LEP amendment (partly) is to permit secondary dwellings in the R2 and R5 zone (Item B) consistent with the Affordable Housing SEPP. And to permit detached dual occupancy development in the R5 zone (Item C). These changes will broaden the choice of housing types in these zones and make more efficient use of infrastructure. No reduction of residential density is proposed. Moving the existing 300 m²MLS on land at Bangalow will align it with a recent subdivision approval. This will facilitate smaller lots in this location which will make better use of infrastructure and maintain the density of the release area. Item Q (Ocean Shores) will also facilitate better use of serviced land in an urban area. Clause 6.6 of Byron LEP 2014 already requires adequate essential services to be available to the land at the time at which consent is granted.	Consistent
3.2 Caravan Parks and Manufactured Home Estates	Applies when a relevant planning authority prepares a planning proposal. In identifying suitable zones, locations and provisions for caravan parks in a planning proposal, the relevant planning authority must: (a) retain provisions that permit development for the purposes of a caravan park to be carried out on land, and (b) retain the zonings of existing caravan parks, or in the case of a new principal LEP, zone the land in accordance with an appropriate zone under the Standard Instrument (Local Environmental Plans) Order 2006 that would facilitate the retention of the existing caravan park. In identifying suitable zones, locations and provisions for manufactured home estates (MHEs) in a planning proposal, the relevant planning authority must: (a) take into account the categories of land set out in Schedule 2 of SEPP 36 as to where MHEs should not be located, (b) take into account the principles listed in clause 9 of SEPP 36 (which relevant planning authorities are required to consider when assessing and determining the development and subdivision proposals), and (c) include provisions that the subdivision of MHEs by long term lease of up to 20 years or under the Community Land Development Act 1989 be permissible with consent.	This proposal does not seek development for the purposes of a caravan park or manufactured homes estate, nor does it impact upon any land that does permit development for the purposes of a caravan park or manufactured homes estate.	N/A
3.3 Home Occupations	Planning proposals must permit home occupations to be carried out in dwelling-houses without the need for development consent.	This proposal does not alter home occupation provisions in Byron LEP 2014.	N/A
3.4 Integrating Land Use and Transport	Applies when a relevant planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes. A planning proposal must locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of: (a) Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and (b) The Right Place for Business and Services – Planning Policy (DUAP 2001).	The planning proposal will alter the permitted uses on land zoned for residential, business and industrial purposes. It will also alter zone boundaries however it will not result in any significant new rezoned areas. There is unlikely to be any impact on public transport as a result of this planning proposal.	Consistent.
3.5 Development Near Licensed Aerodrome	Applies when a relevant planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to land in the vicinity of a licensed aerodrome. The main requirements of the Direction are that Council considers the Obstacle Limitation Surface (OLS) as defined by that Department of the Commonwealth for residential purposes, and does not increase residential densities in areas where the ANEF, as from time to time advised by that Department of the Commonwealth, exceeds 25.	The planning proposal will alter provisions that may affect rural zoned land located in the vicinity of the Tyagarah aerodrome. Any application in the vicinity of the aerodrome would need to address the relevantissues that relate to this location.	Consistent
4. Hazard and Risk
4.1 Acid Sulfate Soils	Applies when a relevant planning authority prepares a planning proposal that will apply to land having a probability of containing acid sulfate soils as shown on the Acid Sulfate Soils Planning Maps. A council shall not prepare a draft LEP that proposes an intensification of land uses on land identified as having a probability of containing acid sulfate soils on the Acid Sulfate Soils Planning Maps unless the council has considered an acid sulfate soils study assessing the appropriateness of the change of land use given the presence of acid sulfate soils.	Some land to which this planning proposal will apply may be affected by acid sulfate soils. The planning proposal will not necessarily lead to intensification of land uses proposed on land identified on the Acid Sulfate Soils Planning Maps. Where applicable, Council will consider any acid sulfate soil matters in accordance with cl. 6.1 of Byron LEP 2014.	Consistent.
4.2 Mine Subsidence and Unstable Land	Applies when a relevant planning authority prepares a planning proposal that permits development on land that: (a) is within a mine subsidence district, or (b) has been identified as unstable in a study, strategy or other assessment undertaken: (i) by or on behalf of the relevant planning authority, or (ii) by or on behalf of a public authority and provided to the relevant planning authority.	This proposal does not impact on any mine subsidence area.	N/A
4.3 Flood Prone Land	Applies when a relevant planning authority prepares a planning proposal that creates, removes or alters a zone or a provision that affects flood prone land. A planning proposal must include provisions that give effect to and are consistent with the NSW Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas). A planning proposal must not rezone land within the flood planning areas from Special Use, Special Purpose, Recreation, Rural or Environment Protection Zones to a Residential, Business, Industrial, Special Use or Special Purpose Zone. A planning proposal must not contain provisions that apply to the flood planning areas which: (a) permit development in floodway areas, (b) permit development that will result in significant flood impacts to other properties, (c) permit a significant increase in the development of that land, (d) are likely to result in a substantially increased requirement for government spending on flood mitigation measures, infrastructure or services, or (e) permit development to be carried out without development consent except for the purposes of agriculture (not including dams, drainage canals, levees, buildings or structures in floodways or high hazard areas), roads or exempt development. A planning proposal must not impose flood related development controls above the residential flood planning level for residential development on land, unless a relevant planning authority provides adequate justification for those controls to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General). For the purposes of a planning proposal, a relevant planning authority must not determine a flood planning level that is inconsistent with the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas) unless a relevant planning authority provides adequate justification for the proposed departure from that Manual to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).	The planning proposal will affect some land that is known to be flood prone. Byron LEP 2014 already contains a flood planning clause (Cl 6.3) and a floodplain risk management clause (Cl 6.4) that would apply to all development proposed on flood prone land. Within the residential, business and tourist zones, the planning proposal will not permit significant development on flood prone land beyond that which is already permitted. There is unlikely to be a net increase in flooding impacts or demand for flood rescue services as a result of this planning proposal.	Consistent.
4.4 Planning for Bushfire Protection	Applies when a relevant planning authority prepares a planning proposal that will affect, or is in proximity to land mapped as bushfire prone land. In the preparation of a planning proposal the relevant planning authority must consult with the Commissioner of the NSW Rural Fire Service following receipt of a gateway determination under section 56 of the Act, and prior to undertaking community consultation in satisfaction of section 57 of the Act, and take into account any comments so made. A planning proposal must: (a) have regard to Planning for Bushfire Protection 2006, (b) introduce controls that avoid placing inappropriate developments in hazardous areas, and (c) ensure that bushfire hazard reduction is not prohibited within the APZ. A planning proposal must, where development is proposed, comply with the following provisions, as appropriate: (a) provide an Asset Protection Zone (APZ) incorporating at a minimum: (i) an Inner Protection Area bounded by a perimeter road or reserve which circumscribes the hazard side of the land intended for development and has a building line consistent with the incorporation of an APZ, within the property, and (ii) an Outer Protection Area managed for hazard reduction and located on the bushland side of the perimeter road, (b) for infill development (that is development within an already subdivided area), where an appropriate APZ cannot be achieved, provide for an appropriate performance standard, in consultation with the NSW Rural Fire Service. If the provisions of the planning proposal permit Special Fire Protection Purposes (as defined under section 100B of the Rural Fires Act 1997), the APZ provisions must be complied with, (c) contain provisions for two-way access roads which link to perimeter roads and/or to fire trail networks, (d) contain provisions for adequate water supply for firefighting purposes, (e) minimise the perimeter of the area of land interfacing the hazard which may be developed, (f) introduce controls on the placement of combustible materials in the Inner Protection Area.	Some parts of the land to which this planning proposal applies in Byron Shire may be identified as bushfire prone land. This will be a consideration in any application for development. Consultation with the Commissioner of the NSW Rural Fire Service following receipt of a gateway determination under section 56 of the Act will take place. It is assumed that any concerns that RFS may still have can be addressed as the planning proposal proceeds. Additional information on bushfire hazard is required for Item O (Jones Road).	Consistent.
5. Regional Planning
5.1 Implementation of Regional Strategies	Planning proposals must be consistent with a regional strategy released by the Minister for Planning.	The planning proposal is largely consistent with the outcomes and actions contained within the Far North Coast Regional Strategy (FNCRS). In particular, the actions that relate to Cultural Heritage, Settlement and Housing, and Economic Development and Employment Growth. The proposal specifically responds to the following actions: Councils …will review the scope and quality of the existing lists of heritage items and ensure that all places of significance are included in the heritage schedules of local environmental plans (page 20). (This is relevant to item N). Future rural residential land will only be released in accordance with a Local Growth Management Strategy. (This is relevant to Item O). Councils will plan for a range of housing types of appropriate densities, location and suitability that are capable of adapting and responding to the ageing population (page 29). (This is relevant to item B and C). Local environmental plans will facilitate employment growth…..and local jobs in towns, villages and neighbourhood centres (page37). (This is relevant to items A, J and M).	Consistent.
5.2 Sydney Drinking Water Catchments	Applies when a relevant planning authority prepares a planning proposal that applies to the hydrological catchment.	The proposal is not within this catchment.	N/A
5.3 Farmland of State and Regional Significance on the NSW Far North Coast	The planning proposal must not rezone land mapped as State or regionally significant farmland under the Northern Rivers Farmland Protection Project for an urban use.	Neither Item Q nor Item O is mapped as State or regionally significant farmland under the Northern Rivers Farmland Protection Project.	Consistent
5.4 Commercial and Retail Development along the Pacific Highway, North Coast	A planning proposal that applies to land located on “within town” segments of the Pacific Highway must provide that: (a) new commercial or retail development must be concentrated within distinct centres rather than spread along the highway, (b) development with frontage to the Pacific Highway must consider the impact the development has on the safety and efficiency of the highway. (c) For the purposes of this paragraph, “within town” means areas which, prior to the draft local environmental plan, have an urban zone (eg “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) and where the Pacific Highway speed limit is less than 80 km/hour. A planning proposal that applies to land located on “out-of-town” segments of the Pacific Highway must provide that: (a) new commercial or retail development must not be established near the Pacific Highway if this proximity would be inconsistent with the objectives of this Direction, (b) development with frontage to the Pacific Highway must consider the impact the development has on the safety and efficiency of the highway. (c) For the purposes of this paragraph, “out-of-town” means areas which, prior to the draft local environmental plan, do not have an urban zone (eg “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) or are in areas where the Pacific Highway speed limit is 80 km/hour or greater.	This planning proposal does not affect commercial or retail uses in proximity to the Pacific Highway.	N/A
6. Local Plan Making
6.1 Approval and Referral Requirements	A planning proposal must: (a) minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and (b) not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the relevant planning authority has obtained the approval of: (i) the appropriate Minister or public authority, and (ii) the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General), prior to undertaking community consultation in satisfaction of section 57 of the Act, and (c) not identify development as designated development unless the relevant planning authority: (i) can satisfy the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and (ii) has obtained the approval of the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General) prior to undertaking community consultation in satisfaction of section 57 of the Act.	The planning proposal will not include provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority. It does not identify development as designated development.	N/A
6.2 Reserving Land for Public Purposes	A planning proposal must not create, alter or reduce existing zonings or reservations of land for public purposes without the approval of the relevant public authority and the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General).	The planning proposal does not create, alter or reduce the area of land reserved for a public purpose. Item M adds a new use to land at West Byron that is already owned by Council. The zoning of this land will not change.	N/A
6.3 Site Specific Provisions	Applies when a relevant planning authority prepares a planning proposal that will allow a particular development to be carried out. A planning proposal that will amend another environmental planning instrument in order to allow a particular development proposal to be carried out must either: (a) allow that land use to be carried out in the zone the land is situated on, or (b) rezone the site to an existing zone already applying in the environmental planning instrument that allows that land use without imposing any development standards or requirements in addition to those already contained in that zone, or (c) allow that land use on the relevant land without imposing any development standards or requirements in addition to those already contained in the principal environmental planning instrument being amended. A planning proposal must not contain or refer to drawings that show details of the development proposal.	The planning proposal does seek to allow a particular development to be carried out. In this regard, Item M would allow a registered club on Council land at West Byron. Item O will allow a dwelling to be erected on land at Jones Road, Wooyung. The planning proposal does not impose any development standards or requirements in addition to those already contained in the principal environmental planning instrument. The planning proposal does not contain schematic drawings.	Consistent.

Public authority/stakeholder	Issue requiring comment
NSW Rural Fire Service	Section 117 of the Environmental Planning and Assessment Act 1979, Ministerial Direction 4.4 to consult with the Commissioner of the NSW Rural Fire Service.

Estimated completion	Plan making step
October 2015	Gateway determination issued by Department of Planning and Environment.
October / November 2015	Public exhibition of planning proposal. Government agency consultation.
November 2015	Analysis of public submissions. Preparation of Council report.
December 2015	Public submissions report to Council.
January 2016	Endorsed planning proposal submitted to Department of Planning and Environment for finalisation or dealt with by Council under delegation.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.15 - Attachment 2

10.2015.214.1

CONDITIONS OF CONSENT:

Parameters of this Consent

1) Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Ref No:	Description:	Prepared by:	Dated:
Dwg 01 Rev B	Bayshore Drive Site/Roof Plan	Harley Graham Architects	10/04/2015
Dwg 02 Rev B	Bayshore Drive Platform
Dwg 03 Rev B	Byron Bay Platform Site Plan
Dwg 04 Rev B	Byron Bay Platform Plans

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

2) Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia ,

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building.

(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

3) Erection of signs

(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.

Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

4) Bush Fire Protection requirements

The conditions listed at the end of this development consent under the heading “Requirements of NSW Rural Fire Service” must be completed as part of this consent.

5) Hours of operation and lighting

The train platforms must not operate prior to 7.30am and after 7.30pm on any day. To meet this condition, the train operating on the line must be garaged within the storage shed between the hours of 7.30pm and 7.30am nightly. Lighting must be provided to each platform, located or shielded so that no light is cast on adjoining land and so that motorists will not be distracted.

6) Coastal Erosion

The development must cease if at any time the coastal erosion escarpment comes within 50 metres of any building associated with this development. The buildings and works used in connection with the development must be removed immediately to an approved location by the owner of the land. The owner must return the landform of the subject land to the predevelopment state and suitably revegetate the land.

In this condition coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.

Note: at the end of a storm the escarpment may be nearly vertical; as it dries out, the escarpment slumps to a typical slope of 1 vertical to 1.5 horizontal.

The following conditions are to be complied with prior to issue of a Construction Certificate for building works

7) Section 94A levy to be paid

Prior to the issue of a occupation certificate for the first event authorised under this approval, a one-off section 94A levy required by the Byron Developer Contributions Plan 2012 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 and shall be set out in schedule 2. A copy of Schedule 2 shall be submitted with the payment to Council.

8) Water and Sewerage - Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.

9) Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued upon payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.

Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

Payment by Personal or Company Cheque will not be Accepted

10) Trade Waste - Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to discharge trade waste into Council’s sewer must be obtained.

11) Site Waste Minimisation and Management Plan

Chapter B8 of Byron Shire Development Control Plan 2014 (DCP 2014) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation of the development. The SWMMP must specify the proposed method of recycling/disposal and provide details of the waste management service provider.

Plans and specifications must be provided as part of the Construction Certificate showing details of both waste and recycling bin storage facilities at each platform, consistent with the design of existing facilities within the Byron Bay town centre. Such must be installed and serviced as part of the development.

12) Access and facilities for disabled

The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

Such plans and specifications must be approved as part of the Construction Certificate.

13) Stormwater drainage – Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage works must be obtained.

14) Bond required to guarantee against damage to public land

A bond of $4000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

15) S.88E Restriction to be placed on title – Coastal erosion

Documentary evidence is to be provided to the Principal Certifying Authority that a restriction-as-to-user, pursuant to the provisions of S.88E of the Conveyancing Act, 1919, has been placed on the title to the land, the subject of this consent, stating:‑

The development granted via development consent number 10.2015.214 must cease if at any time the coastal erosion escarpment comes within 50 metres of the building subject of the consent. The development the subject of this consent must be demolished and removed immediately. Further the landowner must suitably revegetate the land.

In this restriction coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.

Please note: Documents requiring the endorsement of Council associated with the creation or cancellation of easements, restrictions, covenants are subject to fees listed within Council’s Fees & Charges.

16) Provision of bicycle parking spaces

The application for a Construction Certificate is to include plans and specifications for the provision of five (5) x Class 3 bicycle parking spaces (bicycle rails) at each train platform. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities. The facilities must be provided at ground level within the railway corridor adjacent to the proposed platforms and must be accessible from the paths leading to the platforms from the road reserve.

The following conditions are to be complied with prior to any building or construction works commencing

17) Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a) Monday to Friday, from 7 am to 6 pm.

b) Saturday, from 8 am to 1 pm.

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

18) Construction Noise

Construction noise is to be limited as follows:

Note: Council may impose on-the-spot fines for non-compliance with this condition.

19) Builders rubbish to be contained on site

20) Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a) stating that unauthorised entry to the work site is prohibited, and

b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

21) Erosion & sediment measures

Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A summary of these guidelines is attached. A full copy may be downloaded from Council’s web site at www.byron.nsw.gov.au.

22) Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

The following conditions are to be complied with during building and construction works

23) Plumbing Standards and requirements

a) The licensee is to provide 24 hours notice and attend the site for the following INSPECTIONS, prior to covering of work. Inspections will be carried out a mutually convenient time:

i) Pre-start and Sediment Control;

ii) Internal Drainage;

iii) External Drainage;

iv) Water Rough In;

v) Fire Services;

vi) Stackwork;

vii) Final - all work completed. - * Note below.

b) A licensee is required to provide to Council and owner of the property after completion of the work and within 48 hours, a Compliance Certificate and Sewer Services Diagram/ Works as Executed drawings.

Note: Council will send each plumber proformas of these documents when the Notice of Work permit has been issued by Council to allow the plumber to commence work.

24) Water service and meter to be connected

Any new water service and meter will be at the applicants cost.

25) Management of acid sulfate soils

Works for the development must not extend beyond one metre of the natural ground surface without prior approval from Council.

For the purposes of this condition, works means:

(a) any landform alteration that may result in the disturbance of more than one tonne of soil;

(b) any works that may lower ground water levels.

26) Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

a) Monday to Friday, from 7 am to 6 pm.

b) Saturday, from 8 am to 1 pm.

c) No construction work to take place on Sundays or Public Holidays.

27) Construction noise

Construction noise is to be limited as follows:

b) For construction periods greater than four (4) weeks and not exceeding twenty six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A).

28) Builders rubbish to be contained on site

29) Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

30) Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

The following conditions are to be complied with prior to the issue of a Final Occupation Certificate

31) Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, is to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

32) Stormwater disposal

Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a) Clear of buildings and infrastructure,

b) Not concentrated so as to cause soil erosion,

c) Not onto adjoining land.

The following conditions are to be complied with at all times

33) Restriction on further work in Precincts 1 and 2 of the Coastal Erosion Zone

No works must be carried out at the town centre platform site that might hinder the ready relocation of the building. Such works might include the construction of walls, fences, screens, enclosures, brick veneering, landscaping and the fixing of joints or structural members by welding or other means, any of which might hinder the relocation.

34) Dangerous goods storage

Storage of dangerous goods including fuel is not permitted without prior approval of Council.

35) No unauthorised access

The rail storage shed must be designed to restrict access by unauthorised persons. All toxic or potentially hazardous products associated with maintenance must be securely contained in a lockable enclosed area. Adequate clear signage must be affixed to the building in a prominent position with words to the effect of “No Unauthorised Access.”

36) Noise management

Any noise generated as a result of maintenance must be managed to comply with NSW Industrial Noise Policy (2000).

37) Waste management

Wastes including engine oils and the like must be collected in containers and disposed off-site by an authorised waste contractor.

Requirements of NSW Rural Fire Service

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'.

Notes

Protection of the Environment Operations Act 1997:

Water payments under the Water Management Act 2000

Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
[ET Policy No:13/005]

Water	0.4 ET
Bulk Water	0.4 ET
Sewer	0.63 ET

Construction Certificate required:

Principal Certifying Authority:

Work must not commence until the applicant has:-

· appointed a Principal Certifying Authority (if the Council is not the PCA); and

· given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

· notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Penalties apply for failure to comply with development consents

Failure to comply with conditions of development consent may lead to an on the spot fine (generally $600) being issued pursuant to section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning & Assessment Act 1979.

Signs require consent:

Disability Discrimination Act:

Reasons

· To ensure the development is completed in accordance with conditions of consent and approved plans.

· To ensure access for people with access disabilities.

· To ensure public health and safety.

· To preserve the environment and existing or likely future amenity of the neighbourhood.

· To protect the environment.

· To preserve the amenity of the area.

· To ensure adequacy of services to the development.

· To ensure public health and safety.

· To ensure compliance with Section 68 of the Local Government Act 1993.

PLANNING	NEIGHBOURHOOD	D.C.P
· Traffic Impacts → Ewingsdale Road → Town Centre · No Overall Strategy / Need an Integrated Plan in place before zoning for retail/Seniors Housing in Ewingsdale · Density & Population increase · Sewerage treatment capacity · Ageing demographic · cycleway/pedestrian access off Avocado Crescent (not supported) · Access to Community Hall? · Suggest locating shopping centre on ‘Eastern’ lot · West Byron = more suitable site for S/H · Need an integrated plan in place before approving retail & Seniors Housing in Ewingsdale · Impact of current STP on Belongil Creek health (eg Blue Green Algae) · High level of flooding on Eastern Creek (near McGettigans Ln) · Reduce scale of Easternmost units in order to have less visual impact · Timing of commercial/ retail development to occur after a certain % of Seniors Housing has been developed · Address/Resolve traffic issue before any rezoning approval is given · Need to re-evaluate this proposal in light of West Byron rezoning decision re: densities · Section 94 contributions – → will there be any if this proposal proceeds? · Completion of RMS study required ahead of a decision being made	· Retain land for agriculture under current zoning (RU2) · Question of compliance with ‘NSW Retirement Villages Act’ & whether Seniors housing will be genuinely for this purpose? · Concern about over 55’s age threshold for Seniors Housing (too low as most people retire after 60) · Greater focus should be on ‘Care’ component in this proposal (rather than independent living).	· Visual, ie Rural amenity & location of 2 storey structures · Buffer & landscaping · Proposed access off McGettigan’s Lane is very dangerous · Investigate use of a single access only to Seniors Housing development (eg the Hospital site only) · William Flick Lane may not have capacity for additional traffic generated by S/H proposal · Flooding/Stormwater management needs further attention.

PLANNING	NEIGHBOURHOOD	D.C.P
· Ribbon/Strip development along Ewingsdale Road · No strategic plan · “Rolling Green Hills” – to be kept · Rezoning will place pressure on Ewingsdale · Precedence on all RUZ land · Land towards Mullum under pressure · House surrounded by units – need better set back – or remove units & use as rural residential · Back zone Hospital to rural so seniors living cannot occur (SEPP) – North of hospital · Byron & Mullum hospital convert to car facilities · Not enough high care housing · Traffic figures pre-highway – need to review cumulative impact (West Byron Hospital) & highway · Ensure ongoing use is only for seniors housing · Provide less dense seniors housing · Call it a retirement village to ensure long term certainty · Sewerage Plant capacity? · Need to maintain Heritage Precinct inc. Ewingsdale Hall & Church, Fig Trees & Farm House · Retail shops may not be effective · Should be consistent with R5 zone · Place controls on number of units to be allowed on site	· Check land pad for helicopter – no pad · Silica dust concerns · No access wanted through Avocado Crescent · Preferable to subdivide R5 into seniors housing · Roundabout proposed at McGettigans Lane · Parkway Drive condition disgrace · Seniors housing should be positioned closer to town. eg. Mitre 10, Shirley Street · Seniors Living need footpaths to connect/walk to town · Seniors move to Mullum, Bruns & Ballina not so many to Byron (Councils Ageing Strategy) · Statistics on PP incorrect – taken from Tweed & Ballina · West Byron more appropriate for seniors living · Senior housing should not be in Byron Shire – Lismore appropriate · Pressure to sewer Ewingsdale & then opens further subdivision	· Question shops on Western side – Road access concerns – Shops better at Eastern end · Limit unit size density & sitting · No access through trees into William Flick Lane · Access in Flick Lane dangerous · Quarry Lane dangerous intersection also Woodford Road and McGettigans Lane · Sufficient setbacks required for housing in Parkway Drive · Concern DCP won’t be complied with · Question Council’s ability to enforce compliance. e.g. Byron Industrial Estate · Cycle track in front of hospital – needs safe crossings & extend to shops · Roundabout needs extending to two lanes · Access to McGettigans would be issue if shops on Eastern side · Shops could become ‘rest stop’ for highway traffic · 2 storeys inappropriate · Single storey should be controlled in LEP & Density

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.16 - Attachment 2

	Issues – listed in order of times mentioned	Number of submissions raising issue	Percentage of submissions raising issue
1	Traffic and congestion	74	64%
2	Amenity of Ewingsdale and quality of life will be affected	54	47%
3	Density including plot ratio, height and number of dwellings is excessive	34	30%
4	Precedent to circumvent LEP process	28	24%
5	Sewage treatment plant does not have the capacity	26	23%
6	Proximity to heritage listed items	25	22%
7	Alternative suitable sites can be found	24	21%
8	Issues associated with flooding	20	17%
9	Local Flora will be impacted	20	17%
10	Concern over future use of site	20	17%
11	Local Fauna habitats disrupted	19	17%
12	Zoned for Agriculture and should be retained	18	16%
13	Over-run by commercial development	17	15%
14	Isolated from services required by Seniors	16	14%
15	FNCRS - urban development to be contained within urban growth boundary	13	11%
16	Limited public transport options	12	10%
17	Better buffer zone required along boundary to address noise, lighting and aesthetics	11	10%
18	Hospital might need room to expand	10	9%
19	Byron Rural Settlement Strategy - site not suitable for urban density	9	8%
20	Non compliance with SEPP 2004 – Housing for Seniors	9	8%
21	Adequate future housing and employment strategy not complete	7	6%
22	Not financially viable	5	4%
23	Number of other developments in Ewingsdale that will cause traffic concerns	5	4%
24	Already enough aged care in the Shire	4	3%
25	Additional retail space not required and could affect financial viability in town centre	4	3%
26	May lead to Ewingsdale being sewered	1	1%
27	Aboriginal heritage values incorporated into land use plan	1	1%
28	Parking on Avocado crescent and Parkway Drive will become an issue	1	1%
29	Location adjacent to concrete plant and electricity substation	1	1%

	Issue	Comments
1	Issues associated with additional traffic generated by proposal and congestion along Ewingsdale road.	· Traffic is a key issue. Following on from the community information sessions and concerns raised about this issue, Council sent a letter to the proponents on 19 November 2014 requesting that additional traffic studies be conducted for the site. The proponents have responded to Council’s request stating that they believe the traffic studies included in the planning proposal are sufficient for this stage of the process and that any additional studies could be done prior to lodging a DA for the site. Council has resolved that additional traffic assessment work satisfactory to RMS and Council requirements (‘Demand Model’) be undertaken. Council has not yet been able to commission the work due to other priority projects. The applicant has now offered to enter into a planning agreement with Council to provide a monetary contribution to this traffic study.
2	The impact of development on the amenity, character and quality of life of Ewingsdale residents. People have bought into this locality due to the rural nature and wish to preserve this character	· Same as original submissions report which recommended a DCP be prepared for the site prior to lodgement of a DA to ensure adequate buffers are provided between the existing rural properties and the proposed development. See point 2 of Attachment 4 for a detailed response.
3	Proposed density including plot ratio, height and number of dwellings is considered excessive	· If the planning proposal proceeds it is recommended that a Floor Space Ratio Map be prepared for the site to limit any Seniors Housing to 0.3:1 under the LEP 2014. This will not apply to the Commercial precinct (Area A) as it would be limited by maximum floor area. · If the planning proposal proceeds it is recommended that a site specific DCP is developed prior to the lodgement of a DA to ensure that building setbacks, landscaping and streetscape amenity are appropriately addressed.
4	Precedent to circumvent LEP and allow for rezoning and development of rural areas outside of any Strategies	· Same as original submissions report which recommended no change. See point 11 of Attachment 4 for a detailed response.
5	Sewage treatment plant capacity and may not have the ability to cope with additional development	· Same as original submissions report which recommended no change. See point 4 of Attachment 4 for a detailed response.
6	Proximity to heritage listed items being Higgins House and St Columbus Church group	· Same as original submissions report which recommended no change. See point 17 of Attachment 4 for a detailed response.
7	Alternative suitable sites within West Byron and other locations	· Same as original submissions report which recommends no change. See point 10 of Attachment 4 for a detailed response.
8	Issues associated with flooding and drainage of the land	· Same as original submissions report which recommended no change. See point 9 of Attachment 4 for a detailed response.
9	Concerns relating to the impact on local Flora	· Same as original submissions report which recommended no change. See point 5 of Attachment 4 for a detailed response.
10	Concern over future use and how the seniors housing will be monitored and enforced	· The proposed amendment to the LEP is only for Seniors Housing which is defined within the LEP. This is also linked to the Retirement Villages Act to ensure that only people over the age of 55 can buy into the development.
11	Local Fauna habitats could be impacted	· Same as original submissions report which recommended no change. See point 5 of Attachment 4 for a detailed response.
12	Zoned for Agriculture and should be retained for this purpose	· Same as original submissions report which recommended no change. See point 12 of Attachment 4 for a detailed response.
13	Too much commercial development, deemed un-necessary considering the close proximity to the sunrise shopping centre	· Same as original submissions report which recommended if the planning proposal proceeds, that commercial development be limited to 1200 m² and medical centre to 1800 m². See point 6 of Attachment 4 for a detailed response.
14	Isolated from services and therefore concern over location of the development	· Same as original submissions report which recommends no change. See point 10 of Attachment 4 for a detailed response.
15	Far North Coast Regional Strategy - urban development should be contained within urban growth boundary	· Same as original submissions report which recommended no change. See point 22 of Attachment 4 for a detailed response.
16	Limited public transport provided to the site and therefore concerns over mobility of residents	· Same as original submissions report which recommended no change. See point 10 of Attachment 4 for a detailed response.
17	Better buffer zones required to address noise, lighting and aesthetics between the development and existing residential areas	· Same as original submissions report which recommended if the planning proposal proceeds, that a site specific DCP is developed prior to the lodgement of a DA to ensure that these issues are addressed. See point 18 of Attachment 4 for a detailed response.
18	Expansion of hospital into the future should be considered	· There is still available land within the hospital site to can cater for future expansion of the Hospital if required.
19	Byron Rural Settlement Strategy 1998 - site not suitable for urban density	· This BRSS 1988 was to be reviewed many years ago however this did not occur due to staffing issues. The BRSS is to be replaced with the Rural Land Strategy which is anticipated to be completed within the next 18 months.
20	Non compliance with SEPP Housing for Seniors or People with a Disability 2004 in relation to access to services	· Same as original submissions report which recommended no change. See point 10 of Attachment 4 for a detailed response.
21	Adequate future housing and employment strategy not complete	· A draft Urban Strategy for Byron Shire is scheduled to be prepared for review by Council in June 2016.
22	Not financially viable due to amount of commercial space within Byron Bay and alternative senior housing options	· If the planning proposal proceeds, limits to the commercial floor space will provide shopping opportunities for residents on a smaller scale than other shopping precincts. The market will decide how much of that floor area is developed and viable. · This is similar to the original submissions report which recommended that the combined maximum commercial / retail floor area be limited to 1200m². See point 21 of Attachment 4 for a detailed response.
23	Number of other developments in and around Ewingsdale that cause traffic concerns including West Byron and the Hospital	· See comments above on traffic and congestion.
24	Already a number of aged care facilities in the Shire	· Same as original submissions report which recommended no change. See point 8 of Attachment 4 for a detailed response.
25	Additional retail space not required and could effect financial viability of existing businesses in town	· Same as original submissions report which recommended no change. See point 6 of Attachment 4 for a detailed response.
26	May lead to Ewingsdale being sewered	· This may be considered a benefit to the wider community and has been discussed previously by Council as the preferred option for the future. · See point 4 in original submissions report for a more detailed response relating to Sewage Treatment Plant capacity.
27	Aboriginal heritage values should be incorporated into land use plan	· Same as original submissions report which recommended no change. See point 28 of Attachment 4 for a detailed response.
28	Concern regarding potential parking of vehicles on Avocado Crescent and Parkway Drive to access the commercial precinct	· Access for pedestrians to the subject site from either of these streets has not yet been determined. This will be assessed and determined at the DA stage and could be included in the site specific DCP if the planning proposal proceeds.
29	Poor location adjacent to concrete plant and electricity substation	· If the planning proposal proceeds buffers can be provided between the concrete plant/ electricity substation and any future seniors development and incorporated into a site specific DCP. · This is similar to the original submissions report. See point 18 of Attachment 4 for a detailed response.

Council received 4 different form letters (130 submissions) raising various matters relating to the Planning Proposal. The issues from the letters are listed below:

Form letter 1 raised the following points:

· Opposition to the parkway drive house being removed

· Concerned about the long term future of the parkway drive house

Form letter 2 raised the following points:

· Contrary to the regional strategy, the Local Environmental Plan and all planning requirements.

· The proposal is situated on agricultural land and in a heritage precinct and will cause additional traffic issues along Ewingsdale Road.

· The seniors housing is out of scale with our rural environment and unwanted by the local community.

· Suitable alternative sites are located in the West Byron development.

Form letter 3 raised the following points:

· Not in keeping with Ewingsdale.

· Compound traffic and infrastructure issues.

· Hinder the entrance to Byron and impact the amenity of Ewingsdale.

· Set a precedent for development of farmlands.

Form letter 4 raised the following points:

· Threatens the lifestyle and friendly community spirit of Ewingsdale.

· Concerned about the gentrification of the area.

The Council received 11 submissions of support for the proposal, the reasons being:

· Need for suitable retirement facilities in the area

· Well thought out and presented proposal

· The site is appropriate

· Appropriate location adjacent to hospital

· Minimal traffic impacts due to its location

· Does not appear to change the nature of the existing residential area

· Improve the entrance to Byron Bay

· Quiet ambience ideal for Seniors housing

· Desirable neighbours

· Properties are usually maintained to a high standard

· No access from Parkway Drive

· Opportunities for different health professionals in proposed Medical Centre

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.16 - Attachment 3

Key issues and analysis of submissions to Ewingsdale Planning Proposal

This document expands on the key issues raised during the public exhibition process and provides comments and recommendations for Council to consider. The issues raised below have been organised in relation to the greatest numbers of submissions received which raised common themes. This is not necessarily a reflection of which issues are deemed to have the highest priority, merely a qualitative way to format this document.

1. Traffic and congestion

Approx 65% of all objections to this planning proposal raised the issue of additional traffic and congestion that will flow from the future development of this site and how it will impact on both residents of Ewingsdale and the users of Ewingsdale Road, William Flick Drive and McGettigans Lane. In particular, concern was raised about the volume of traffic, overall safety issues, intersection treatments, access points to the site, the current dysfunction of Ewingsdale Road at peak times, the combination of future traffic from West Byron and other mooted developments, the attraction of traffic that will use the shopping centre, the timing of the traffic counts used and the proximity of the site to the highway.

Planning comment

At the planning proposal stage Council needs to be confident that traffic likely to be generated by the site can be dealt with in a way that is plausible and realistic in terms of engineering, costs and safety. Council cannot require DA standard traffic assessment at the planning proposal because the final DA has not been lodged. The current proponent of the planning proposal may not be the future applicant at DA stage and this has been suggested at public meetings.

The supporting information provided by the proponent makes no commitment to intersection upgrades from William Flick Lane or McGettigans Lane to Ewingsdale Road citing insufficient traffic volumes arising from the two development sites to warrant any upgrades.

Traffic engineers response:

The hospital site development needs to be considered in regard to this proposal, not least site access arrangements, which for the western site is proposed to be via the existing William Flick Lane and the eastern site directly to/from McGettigans Lane.

Peak hour movement at William Flick Lane is 45 vehicles. This will increase eight fold by 2024 with the development. This is significant and most pertinent to the right-out movements expected to occur eleven (11) times more frequently than the 11 such movements recorded in 2013 to 116 predicted per hour in 2024.

As the traffic report expects over 1,700 vehicles on Ewingsdale Road as through traffic in the same hour by 2024, this right-turn out is expected to be greatly delayed despite the report’s SIDRA analysis concluding acceptable Levels of Service (i.e. delays). There is also a safety element to consider as increased risk taking will inevitably occur after people are significantly delayed.

Therefore it is recommended this increase in right-turn out and dominance of through traffic on Ewingsdale Road requires addressing, preferably via re-design of the intersection that (via approved signage) bans right-turn out (eastbound) movements from William Flick Lane and physically restricts vehicles to a left-out (westbound) only option who can then proceed to the highway interchange roundabout some 150m to the west and use that facility to make a u-turn to head eastward. This is considered safer, more efficient and considerably less delayed than waiting to make a right-turn out from William Flick Lane, especially in the peak.

In considering the proposed site access arrangements for the hospital development to the east of the lane, i.e. a roundabout, there is also merit in modelling the impacts of a full closure of the intersection and restricting William Flick Lane to only left-out and left-in. This is possible given that Woodford Lane is being diverted in to the aforementioned highway interchange roundabout currently being upgraded and would result in all departing traffic heading west, with those wishing to return east undertaking a u-turn at the highway roundabout and those approaching William Flick Lane from the west able to u-turn at the hospital roundabout. Modelling of this option is sought and needs to consider the highway proposal and its expected traffic generation.

As for the eastern site, the report concludes that SIDRA analysis indicates the McGettigans Lane and Ewingsdale Road intersection will operate satisfactorily after the eastern site is developed and operating. This is in contrast to Council’s 2008 MR545 Strategic Study which identified the need for a roundabout to provide a controlled intersection that assists departing traffic and also considered to help with road safety, noting intersection type accidents occur at the site.

To this end, the proponents should be required to model the benefits/impacts of a roundabout and provide the report to Council for further consideration. This modelling should be based upon the West Byron model and incorporate the traffic volumes associated with that development plus the hospital. The same report should also provide indicative concepts and cost of such a facility and how it ties in with the existing road environment to the east and that proposed to the west, noting Council is requesting the hospital development provide (or at least cater) for a dual-lane roundabout and land for future dual lanes on Ewingsdale Road. The report should also consider the realignment of Quarry Lane so as to make any future roundabout at McGettigans Lane cater for four legs being east and west Ewingsdale Rd, south McGettigans Lane and north Quarry Lane.

Roads and Maritime Services (RMS) response

The RMS has commented on the proposal that it considers the traffic studies supporting the planning proposal are inadequate because:

· The average flows used in the assessment are not likely to represent the full extent of traffic flows on Ewingsdale Road;

· A ‘Demand transport model’ should be prepared to examine the impacts on the Pacific Highway interchange;

· Revised traffic generation rates should be used for the seniors living proposals (technical circular cited);

· Passing trade should be assumed to be 20 % not 25%;

· The trip distributions should be based on a quantitative approach not an assumption approach.

The issue of traffic has not been dealt with to RMS satisfaction and it was a specific concern of the Department of Planning and Environment (DPE) in its Gateway Determination. The issue of traffic is a major concern of the community, RMS and Council engineers. If Council proceeds with the planning proposal without resolving these issues then it may find that it cannot be resolved at DA stage or can only be resolved at significant expense to Council and the State government. The traffic solutions suggested in supporting material do not appear to be reliable and the outcomes are not plausible.

Recommendation

It is recommended that Council request the applicant to undertake traffic assessment work satisfactory to RMS and Council requirements (Demand Model) which is to be prepared prior to the lodgement of a Development Application (DA) and commits to traffic solutions in the best interest of Byron Shire and future road users.

2. Impacts on the character of the Ewingsdale area

Most objectors who raised the issue of impacts on the lifestyle and amenity of the area also raised the issue of impacts on the rural character of Ewingsdale.

Planning Comment

The character of a locality in planning and urban design terms is usually summarised in a character statement that can be described as:

‘A statement and supporting principles for development within an area or neighbourhood. The statement is place-specific and draws on the unique qualities of a neighbourhood and provides an important direction for development controls and built form guidelines.’ (after City of Sydney DCP 2012.)

Understanding the character of an area helps to understand the locality and how it works. In identifying the character of an area one would undertake research and ask residents questions such as ‘who lives here? Where do they shop, work or go to school? How do people move around? What makes this place special? What would you change if you could? Only those who live there can truly understand it. Planners work closely with a community to establish the character of a locality and then use that to formulate controls that enhance that character or change it to make it a better place to live.

The current planning proposal will potentially change the character of parts of Ewingsdale by introducing approximately 400 new residents (predominantly seniors) as well as an employment area (medical centres and a commercial and retail area). This will follow on from the new hospital that will also affect the character of the locality as a major employer and community service provider.

Recommendation

It is recommended that a site specific Development Control Plan (DCP) be prepared for the site prior to the lodgement of a DA to ensure adequate buffer areas of approx. 20m are provided between the existing rural-residential areas and the proposed development.

3. Lifestyle and amenity issues

Many of the objectors to the planning proposal raised lifestyle impacts on local Ewingsdale residents. This included noise, light spill and construction related impacts on the houses that back onto the site. It also includes the broader impacts on visual amenity, traffic and general tranquillity that draws people to live on large lots out of town. Many objectors suggested that they would not have chosen to live in Ewingsdale if they knew that this development and the urbanisation of this area was proposed.

Planning Comment

The initial major change to the lifestyle of Ewingsdale residents has come about because of the decision to place a new district hospital and ambulance station in an ‘out of town’ location. It could be suggested that the urbanisation of the locality was inevitable and part of the way communities change when infrastructure decisions are made on this scale. However, it is fair to say that the Byron Bay and Suffolk Park Settlement Strategy (2002) did not foreshadow these changes. It identified the subject land as Area 3 and concluded as follows:

‘Area 3 is in the McGettigans Lane area at Ewingsdale. Part of Area 3 has already been subdivided as a rural residential area. The Local Environmental Study indicates that a range of residential densities are possible in Area 3. However the traffic study shows that higher density options are not appropriate in the short to medium term given the current traffic problems along Ewingsdale Road and in entering Byron Bay………..The remainder of Area 3 has some potential for rural residential development, but this needs to be verified through a review of the Byron Rural Settlement Strategy. In the interim these lands should be rezoned to reflect their agricultural attributes.’

The opposition to urban density development (albeit seniors housing) is evident in the submissions to this planning proposal. In permitting this planning proposal to proceed, Council is potentially affecting the lifestyle of adjacent landowners to the subject land. That impact can be ameliorated by a site specific DCP which will in turn guide future decisions at the DA stage in relation to site design, buffers, screening, and traffic management. However, the change to the lifestyle of current residents in varying degrees is inevitable if this planning proposal proceeds.

Recommendation

It is recommended that a site specific Development Control Plan (DCP) be prepared for the site prior to the lodgement of a DA to ensure potential impacts on existing residents are minimised to retain the existing character in the locality.

4. Capacity of West Byron STP

There is no commitment to connect the subject land to the West Byron STP. Concern is raised about the concept of disposal of wastewater on site. Concern is also raised about the capacity to take the additional wastewater from this site as well as the hospital and the unrelated West Byron urban expansion area. Concern is also raised about trade waste from any commercial or retail uses on the site.

Planning Comment

The report by Greg Alderson and Associates confirms that there will need to be approximately 240 ET of capacity in the West Byron STP to cater for the development that will likely arise from the planning proposal.

Council engineers have confirmed that there is sufficient capacity to deal with the wastewater from this site at the West Byron STP. They will be expected to pay the Sewer s64 Contributions to Council (and the Water component to Rous Water) if the wish to connect to either of these services. Assuming that they want to connect to the sewer system they will also need to fund and construct a method of discharging the sewage to Council's system. The main two options available to them are:

1. They build their own pump station and rising main through to the Byron STP to service the development; or

2. They deliver flow to the proposed hospital sewage pump station and contribute to the cost of that.

At the planning proposal stage Council needs to know that there are plausible options for providing services to the subject land. In this case plausible options are available for the subject land and its proposed future use. It is not necessary that a commitment is made at this stage. However, with the construction of the hospital likely in the foreseeable future some decisions will have to be made by the landowners on a sewage pump station and rising main.

Recommendation

No change is recommended to the planning proposal.

5. Flora and fauna issues

A number of submissions suggested the flora and fauna report supporting the planning proposal is inadequate and omits fauna species that occur on the site. One resident quoted a recent Koala sighting at Bay Vista Lane as an example of the inadequacy of the work. Other submissions raised the effect of the planning proposal on the Cape Byron Marine Park, in terms of runoff from the site.

Planning Comment

The level of detail required for information at the planning proposal stage is not meant to be at the same level of detail as the DA stage. In considering this planning proposal for additional permitted uses Council needs to be confident that this land is suitable for these uses and they can be carried out subject to reasonable conditions being imposed. In relation to flora and fauna the work has been undertaken by a qualified and experienced ecologist. It includes a vegetation map and a fauna study that includes assessment for threatened species. No Koalas were found on the site and it does not contain Koala food trees. Most of the site is cleared grazing land. The native vegetation that does remain can be protected as part of the site layout and design in a future DCP. There is no assumption at this stage that permitting the additional uses through an LEP amendment will result in the destruction of the site’s environmental values (albeit that they are limited) at the DA stage. Preliminary sketches submitted with supporting information demonstrate that items such as fig trees, a White Lace Flower, and remnant waterway related vegetation can be accommodated in a future DA. The marine park will receive drainage and run off from the site via Simpsons Creek (a sanctuary zone) that eventually drains to the Brunswick River. It is important that any development on this site be consistent with water sensitive urban design principles to minimise the impact on receiving waters. The presence of the marine park itself is not a reason to stop this planning proposal.

Recommendation

No change is recommended to the planning proposal.

6. Too much retail proposed

The Schedule amendment allows for commercial uses on the site limited to 3000m²but this is too big as it is actually bigger than the existing 2800m² Bayshore Drive shopping centre that services all of Sunrise estate and future west Byron.

Planning Comment

The proposed schedule amendment currently limits ‘all commercial uses listed in subclause (2) (business premises, restaurants or cafes and shops but does not include medical centres) to a maximum floor area of 3000m². Subsequently, Medical Centres could be proposed in addition to the commercial uses and is not limited in floor area as per the current wording of the schedule. It is possible that the maximum floor area of retail development on the subject land could be as big or bigger than that at Bayshore Drive. If the 3000m² was solely used by a single supermarket, it would be one of the larger supermarkets in the Shire. If the likely population of the seniors housing is about 400 persons (320 in small self-contained houses and 65 in a hostel) as well as hospital usage then 3000m² will only be viable if it draws on a much wider catchment area for business. Presumably this includes Ewingsdale rural residents and passing traffic. The supporting information in the planning proposal indicates that a LGA wide perspective on the trade area is anticipated.

Paul McFarland, a lecturer from the University of New England has conducted a peer review (contained in Annexure 8(d)) of the Retail Floorspace Analysis included as Annexure 9 within the planning proposal. The review highlights a number of unresolved issues with the retail analysis such as the limited catchment area of the study, overly optimistic projections about unmet retail demand in Byron, lack of justification for the scale of the commercial development and lack of evidence that it is only designed to cater for the proposed development, hospital visitors and adjoining residential population.

The hospital itself would normally only generate demand for a ‘neighbourhood shop’ size retail outlet (up to 200 m²) servicing staff, patients and visitors. Presumably the retail is therefore needed to support the seniors housing (only about 400 persons), the hospital and some of the existing Ewingsdale residents. Taking the figure from Annexure 9 of the planning proposal prepared by LOCATIQN (March 2013) of 2.2 m² per person, the seniors housing development would generate demand for 880m². Rounding these figures up suggests that 1200m²should be more than enough floor area for a future supermarket to support the projected development, the future hospital and adjoining residents. This would permit a small supermarket of about 1000m² and 200m² for cafes and other shops or business premises. ‘Medical centre’ uses could take up the remaining 1800m² of floor area to bring the total for all non-residential uses on the subject land to 3000m² as initially intended.

Recommendation

It is recommended that the combined maximum commercial floor area be limited to 1200m² and the maximum floor area for medical centre uses be limited to 1800m². The proposed schedule will need to be amended to reflect these new floor area limits.

7. Community expectation

The community supported Councils earlier decision to deal with any such proposal as part of a Local Growth Management Strategy (LGMS). It also noted that the Local Environmental Study 2008 (LES) and Shire wide LEP that flowed from it did not envisage the development as now proposed. To come back now supporting a stand-alone planning proposal is not consistent with community expectation. The project is being ‘sold’ to the community by a developer that admits they may not be the one who does the development.

Planning Comment

The decision by the State government to place the new ambulance station and Byron Hospital in an ‘out of town’ location is the reason that Council is now in this situation. Council decided to review this planning proposal on its merit because it is still considering a timetable for a LGMS and there is no clear time frame for reviewing the Far North Coast Regional Strategy (FNCRS). Without a strategic basis then it comes down to the merit of the location and the detail of what is being proposed.

The proposal was not recommended for an urban zone in the LES and therefore the Shire wide LEP also did not rezone it. It was the subject of a submission to Council as part of the LEP public exhibition and Council agreed that it could be dealt with as a stand alone planning proposal once the Shire wide LEP was completed.

Once the LEP is amended and development opportunities have been scheduled for the subject land then it can be bought or leased by another party (or more than one) who may prepare and lodge the development application/s. The key at this stage is to focus on what the planning proposal will permit and where it will be permitted, rather than any draft concepts that may or may not end up as development applications.

Recommendation

No change is recommended to the planning proposal.

8. Supply and demand information for seniors housing

In summary the argument presented is that new housing (about 190 dwellings per year) has been approved in Byron Shire faster than population growth (about 120 persons per year) over the period 2006 to 2011. The dwelling approval rate exceeds the DPE target in the FNCRS. There is sufficient zoned land for realistic development in places such as Bayside Brunswick (160 dwellings), West Mullumbimby (240 dwellings), Bangalow (150 dwellings) and West Suffolk Park (42 dwellings). Development is now being forced on Byron Bay even though it is exceeding its land release expectations as indicated in the FNCRS.

Planning comment

A typical measure of demand for housing is the average annual approval rates for dwellings taken over the last five years and then projected forward with an additional amount (say 30%) added to avoid shortages in supply. Shortages in supply usually lead to price increases due to scarcity. Using the figures in the submission the projected five year demand for dwellings would be 950 plus 30%, which is 1235 dwellings. The supply areas suggested in the submission account for 592 dwellings which is less than half of the projected demand over the next five years. If Byron Shire wants to meet demand expectations then it will need additional land releases.

Seniors housing is a specialist market and general dwelling approvals may not match the demand for seniors housing. However, Byron Shire (as with many Northern NSW locations) has a shortage of affordable housing. The BSC Affordable Housing Options Paper recommended ‘The need to significantly diversify housing opportunities and stock in order to meet changing demographic needs, including a strong increase in demand for smaller, more manageable dwellings for older households’.

It can’t be guaranteed that any seniors housing built on the subject land will be affordable. However, given a likely shortfall in general housing supply (based on current demand) and a historic lack of affordable seniors housing it is realistic to suggest there is a demand for them and they will be taken up by the market if they are built.

Recommendation

No change is recommended to the planning proposal.

9. Drainage issues

The subject land has drainage issues and this is likely to get worse if the development proceeds.

Planning Comment

Drainage is an issue that will have to be assessed on its merits at the development application stage, should the proposed development proceed. It is a normal consideration for Council in a high rainfall area and the submissions concerns are noted.

Recommendation

No change is recommended to the planning proposal.

10. Location requirements for seniors housing

A number of submissions questioned if the subject land is an appropriate location for seniors housing given its distance from an existing urban centre (6km west of Byron Bay and 3km west of Sunrise shopping centre) and lack of infrastructure.

Planning comment

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 indicates that land is potentially suitable for seniors housing if it:

‘ is land zoned primarily for urban purposes or land that adjoins land zoned primarily for urban purposes,’

The subject land is currently zoned part RU2 Rural Landscape (mainly), part R5 Large Lot Residential and part SP2 Infrastructure (Health Services Facility). The SEPP states that land zoned R5 is not necessarily regarded as being zoned primarily for urban purposes and that when applying the SEPP ‘most’ of the land that it adjoins should be land zoned for urban purposes. If ‘most’ is interpreted as more than half the length of the boundary then the subject land does not entirely meet the SEPP requirements for seniors development suitability as its boundaries are more than half R5, RU2 or RU1. That piece of the subject land zoned SP2 could be eligible for application of the SEPP.

However, the purpose of the planning proposal is to create permissibility of seniors housing across the site regardless of the SEPP and to permit other facilities such as a medical centre and shops in close proximity. As a guide the SEPP suggests that seniors housing should be within 400m walking distance (on flat ground) of services such as:

(a) shops, bank service providers and other retail and commercial services that residents may reasonably require, and

(b) community services and recreation facilities, and

(c) the practice of a general medical practitioner.

If the planning proposal were to proceed and all uses anticipated were constructed then the facility that may still be missing is community and recreation facilities. The proponents have recently sent Council draft plans showing a bowling green, swimming pool and community gardens on the eastern portion of the site which would provide some recreation facilities on site. A public bus service that may travel between the new hospital and Byron Bay would also assist in solving this issue.

DPE (in its Gateway Determination) requested further information to determine if there is a better location than the subject site for seniors housing. The proponents have responded in Annexure 8 of the planning proposal which states that seniors housing is only permitted in R3 Medium Density Residential and B4 Mixed Use Zones and such available land is highly limited near Byron town centre. There may be some infill opportunities which would be limited in scale with other potentially larger sites being on environmentally sensitive land. Market forces tend to drive land values too high for seniors developments near urban centres hence the desired location out of town. The hospital is also a major drawcard for the location of seniors housing given the affiliated land uses such as medical facilities which will be sited nearby.

Recommendation

No change is recommended to the planning proposal.

11. Precedent for other sites

A number of objectors are concerned the LEP amendment being made for this site is not a ‘one off’ event, it is a precedent for other sites either nearby or elsewhere in Byron Shire to try for the same or similar changes to the controls that apply to development of their land.

Planning Comment

This issue was raised by a number of submissions and relates to the fact that Council has not got an approved LGMS that includes this site and that its not included in the FNCRS. Council decided to review this planning proposal on its merits because there was no clear time frame for reviewing either the FNCRS or preparing a LGMS. It is being considered in response to the decision by the State government to locate the new hospital on land adjacent to the subject site at Ewingsdale.

It would have been preferable for the LGMS to have been prepared prior to further residential development in the Shire, however seniors housing in particular is an obvious need and is appropriately located near the hospital site which is in the process of being developed. Whilst Council acknowledges that a housing strategy is needed, this site is appropriate for seniors housing and associated medical facilities and shops adjacent to the hospital site. Given the adjacent hospital land use, this proposal is not deemed to create a precedent for similar developments throughout the Shire.

Recommendation

No change is recommended to the planning proposal.

12. Agricultural land values of the locality

The subject land is good agricultural land and should be maintained for grazing or small crops.

Planning comment

The NSW DPI acknowledge that the subject land is mapped as regionally significant farm land under the Northern Rivers Farmland Protection Project. Allowing the site to be used for urban purposes is inconsistent with the agricultural values. However, the placement of the hospital on similar land and the original rural residential subdivision immediately to the south of the subject site have all contributed to the added pressure on this piece of land. It is an area of good red soil and at approximately 15 hectares (in two pieces) it is large enough to undertake a market garden (perhaps spray free or organic). However, its loss from agriculture is likely at some time given its proximity to the new hospital and its separation from other agricultural areas. On balance the loss of this area is unlikely to impact significantly on agriculture in the region or on nearby agricultural areas. Setbacks from agricultural land to the north of Ewingsdale Road should be applied to avoid future conflicts.

Recommendation

No change is recommended to the planning proposal.

13. Local Growth Management Strategy

A number of submissions suggested that this site should (and was going to) be assessed as part of a new LGMS. Council did not opt to rezone this land as part of the recent Shire wide LEP and the LES that supported the LEP did not recommend this land should go to an urban use.

Planning comment

Byron Shire intends to prepare a Housing Strategy commencing in 2014. The previous Byron Bay and Suffolk Park Settlement Strategy (2002) is out of date and there needs to be a fresh look at a range of sites and options for urban development in Byron Shire. It is agreed that a LGMS provides the opportunity to investigate this site and the implications of a new urban area focussed around the hospital site. The issues of servicing (water and sewerage) as well as traffic would be dealt with in one document rather than a series of ‘one off’ applications. However the subject site is a logical location given that the hospital redevelopment is proceeding at present and it is deemed unnecessary to wait until a LGMS is prepared for the Shire.

Recommendation

No change is recommended to the planning proposal.

14. Impacts on the entrance to Byron Bay

Some submissions commented that the ‘feel’ as you leave the highway roundabout to enter Ewingsdale Road is an important entrance vista characterised by beautiful green pastures and farmland leading in towards the lighthouse.

Planning comment

The entrance to Byron Bay does start with the Ewingsdale Road intersection. The batching plant and electricity depot are not ideal, but it does open up beyond that to a green farm land appearance. Preliminary sketches put forward by the applicant suggest that they would agree to wide setbacks on Ewingsdale Road and a large part of the development will be directly behind the batching plant and electricity depot and therefore not visible at all. This will be an issue to address at the DA stage and site layout and design can be used to ensure the entrance statement is preserved or at least not unreasonably impacted by development on the subject land.

Recommendation

No change is recommended to the planning proposal.

15. Inconsistent with Council’s ageing strategy and policy

A number of submissions suggest that the site does not comply with the ageing in place objective of the Byron Shire Positive Ageing Strategy. Also that without easy access to services such as Centrelink or recreation facilities such as a bowling club the seniors will be heavily reliant on their cars and the overcrowded Ewingsdale Road.

Planning comment

Neither Council’s policy (adopted in 2010) nor its strategy (adopted in 2012) are primarily land use planning documents. They mostly focus on the wider needs of an ageing community and how Council deals with this demographic in Byron Shire. In relation to housing the strategy includes:

Objective: Advocate for suitable housing development that meets the changing needs of seniors and consider ‘ageing in place’

Strategic Action: Advocate and facilitate the development of appropriately designed and located housing and residential care facilities and services.

The planning proposal will result in a purpose built housing development that is focussed on the needs of seniors and if it proceeds as envisaged it would allow a resident to begin in the self-contained section of the development and eventually end up in the high care section. However, this depends on the actual DA that is lodged and composition of the types of seniors housing and aged care facilities proposed. Although it is not clear where future residents will come from (perhaps from Ewingsdale rural residential when they can no longer maintain a large lot) it is not possible to be certain that the planning proposal is inconsistent with Council’s strategy and policy as suggested by some submissions.

Recommendation

No change is recommended to the planning proposal.

16. Need more time to make a submission and inadequate consultation

Some submissions questioned if they had enough time to make a submission and others also suggested consultation with them was inadequate.

Planning comment

This planning proposal was exhibited consistent with the DPE gateway determination for a period of not less than 28 days (15^th July until 12^th August 2014). Letters were sent by Council to approx. 210 ratepayers of the Ewingsdale area to ensure they were aware the exhibition had commenced. The 28 day exhibition period complies with the statutory requirements and is typical of the exhibition time for a planning proposal of this type and size. Some submissions have been received by Council after the exhibition period closed and are considered as part of this submissions review.

Three community information briefings were held at the Ewingsdale hall on the 29^th July to explain what was proposed on the subject site by the proponents and were attended by Council staff. These meetings were well attended by the community and have been referred to in a range of submissions. It is not reasonable to say that there has been insufficient time or inadequate consultation in relation to this planning proposal.

Recommendation

No change is recommended to the planning proposal.

17. Heritage impacts

The Ewingsdale Church, hall and associated avenue of fig trees plus the Higgins homestead are important heritage items that together give a lot of character to the Ewingsdale precinct. This planning proposal is inappropriate and unsympathetic to the heritage character of the locality.

Planning Comment

The Higgins homestead is located on the eastern part of the subject site and this part of the land is mooted for seniors housing. Concept plans supplied by the applicant indicate they would retain the homestead and associated trees and keep new housing behind the frontage of this dwelling to Ewingsdale Road. Council cannot be sure that this is the application that will be lodged should the LEP amendment proceed. However, the homestead is heritage listed under LEP 2014 and the listing includes the ‘detached kitchen wing and mature Moreton Bay Fig trees’ with Clause 5.10 of LEP 2014 also applying. Council will expect that the homestead and associated trees are retained in any application and the impact on the vista from Ewingsdale Road will also be assessed.

The western part of the subject site is mooted for a mix of commercial and retail development as well as seniors housing. It is directly opposite the hall and church and adjacent to the fig trees along William Flick Lane. In LEP 2014 the St Columbus Church group is listed as a heritage item and includes the church, hall and former school site as well as the trees. Design of the proposed development on this site will have to carefully consider the visual impact on the heritage buildings and trees. The trees will provide a visual buffer to the buildings but the neighbourhood will be a lot busier than it currently is and traffic may impact the currently quiet precinct.

Impacts on heritage items in the locality will need careful consideration at the development application stage but are matters that can be addressed through design, layout, buffers and consideration of noise and light impacts.

Recommendation

No change is recommended to the planning proposal.

18. No buffer to neighbouring land

Submissions on this included concern about the relatively high density seniors development being located ‘on the fence line’ of rural residential lots along Avocado Crescent and Parkway Drive. It was also raised by Essential Energy in relation to its depot and substation. It was also raised by DPI in relation to agricultural land north of Ewingsdale Road.

Planning comment

Buffers are important to reduce conflict between incompatible land uses as well as general friction between land uses. Council has raised this issue before with the applicants in relation to the batching plant and electricity depot to the north of the site.

Buffers in this case are best dealt with at the site design and layout level and that is a matter for a future DA. The concerns are valid, but this planning proposal is listing additional uses that can take place on the site rather than changing the zone of the land so it can’t address the buffer issue specifically.

Recommendation

That a landscape buffer approx 20m wide be provided on the site adjacent to the rural/ residential lots generally to the south of the site as was required with the hospital. This should be incorporated in the site specific DCP prepared for the site prior to any applications for development being lodged.

19. Negative impact on other retail centres

The existing Bayshore Drive shopping centre is just five minutes down the road and it will be negatively impacted by this new shopping centre.

Planning Comment

Competition between retail centres is considered by organisations such as IPART to be a good outcome. The key factors as to whether this shopping centre will impact in a negative way on any other shopping centre is its size, its location, its key traders and where its customers come from. The only factors that Council can influence through its LEP is the size and location of a new retail centre.

Normally a commercial strategy would address the issue of supply and demand for retail space across the LGA and consider how demand can be met to the benefit of residents as well as retail centre developers and owners. Ideally this commercial strategy would be consistent with a LGMS for the LGA.

The FNCRS (page 36) ‘promotes a clear hierarchy of commercial centres consistent in scale and centrally located within each community…. Other commercial development which relates to the scale of the adjoining urban areas, will be located within the boundaries of towns and villages, utilising existing commercial centres where possible’. Typically, a new retail centre should not be located outside of an existing urban area (as in this planning proposal) unless it is small enough that its purpose is to service only the locality in which it is proposed.

Recommendation

It is recommended that the combined maximum commercial /retail uses floor area be limited to 1200m² to ensure that its size reflects its purpose, which is to service the Byron Hospital, proposed seniors living precinct (if it proceeds) and existing residents within the immediate locality.

20. Profit as a motivation for the development

Some submissions expressed the view that the planning proposal was simply about maximising the profit of the current owner and not of benefit to anyone else.

Planning comment

Most development is undertaken by private operators as a business that is required to make a profit to remain viable. Development companies that don’t make a profit don’t last very long. It is likely that any future development of this site will be undertaken by private development companies.

Recommendation

No change is recommended to the planning proposal.

21. Location requirements for retail development

Several submissions questioned whether the location of the hospital itself should influence the subsequent location of a new retail centre or whether the existence of significant future population areas should be a greater influence. A further comment is whether the planning proposal for retail now before either the hospital or the seniors housing is built is appropriate.

Planning comment

The retail development has been mooted as both an adjunct to the hospital as well as the seniors housing. The FNCRS suggests (page 36) that new commercial development should relate to the scale of adjoining urban areas and ‘will be located within the boundaries of towns and villages utilising existing commercial centres where possible and integrated with the initial planning of new release areas.’

In this case the site is not located within a FNCRS town and village boundary and is larger (3000m²) than the nearest retail centre at the Sunrise shopping centre. It does not meet the locational requirements of the FNCRS and is not proportional to the estimated future seniors development with a projected population of about 400 persons.

A planning proposal that includes a new commercial centre of this size at an ‘out of town’ location would normally be accompanied by a detailed net community benefit test. In this case the net community benefit test is superficial and does not justify the planning proposal in relation to its proposed retail development.

Recommendation

It is recommended that the combined maximum commercial /retail uses floor area be limited to 1200m² to ensure that its size reflects its purpose, which is to service the Byron Hospital and proposed seniors living precinct (if it proceeds).

22. Inconsistent with the Far North Coast Regional Strategy

A small number of submissions state that the planning proposal is not consistent with the FNCRS and therefore should not proceed.

Planning comment

One of the functions of the FNCRS is to identify proposed future urban release areas on town and village growth boundary maps. The map for Byron Shire does not indicate that the subject land is within a future urban release area. The FNCRS states ‘in the coastal area only land within a town and village growth boundary may be released for urban purposes’. The coastal area is defined in the FNCRS for Byron Shire as being that land that is east of the 2006 Pacific Highway alignment. On this basis the FNCRS does not identify the subject land for future urban use.

Although the site is not within the FNCRS for future growth, the proposal was reviewed by the Gateway Panel and granted approval to proceed to public exhibition phase given its proximity to the future hospital site.

Recommendation

No change is recommended to the planning proposal.

23. Conflict with Ewingsdale hall events

A few submissions nominated conflict between hall events (eg music related) and the nearby seniors housing as a possible issue that will result in the hall losing income.

Planning Comment

Preliminary sketches put forward by the applicant may not represent the DA that is eventually submitted for this site. They show a 20 metre (approximately) buffer between William Flick Drive and proposed seniors housing. If the planning proposal proceeds the issue of a setback from the Ewingsdale hall and related acoustic impacts on seniors dwellings is an issue that Council will have to a consider as part of the DA assessment.

Recommendation

No change is recommended to the planning proposal.

24. Not enough high care beds

Detail supplied with the planning proposal suggests that there will be 160 seniors dwellings and a 65 bed aged care hostel (high care beds). This is not enough high care beds and more should be provided.

Planning Comment

A few submissions questioned the details of draft concepts provide by the applicant in support of the planning proposal. However, no development application has been lodged and the planning proposal will not restrict the current or any future applicant to the concepts provided. Accordingly a future application may include more or less high care beds or none at all. The planning proposal (if approved) will permit ‘seniors housing’ which is defined in LEP 2014 as:

seniors housing means a building or place that is:

(a) a residential care facility, or

(b) a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, or

(c) a group of self-contained dwellings, or

(d) a combination of any of the buildings or places referred to in paragraphs (a)–(c), and that is, or is intended to be, used permanently for:

(e) seniors or people who have a disability, or

(f) people who live in the same household with seniors or people who have a disability, or

(g) staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place, but does not include a hospital.”

Recommendation

No change is recommended to the planning proposal.

25. Site and design issues

A couple of submissions raised site and design issues that reflect individuals’ response to the draft site plans put forward by the proponents of the planning proposal. These included comments about shared paths and access points, opposition to fast food outlets and service stations, etc.

Planning Comment

Preliminary sketches put forward by the applicant may not represent the DA that is eventually submitted for this site. The comments are useful for a future applicant in terms of gauging public opinion but are not matters that can be considered at the planning proposal stage.

Recommendation

No change is recommended to the planning proposal.

26. Location requirements for medical centres

A couple submissions suggested that a full time doctor at a medical centre would need about 1400 patients to be viable. Since the seniors development is only likely to accommodate about 400 persons there is not going to be sufficient patients for the medical centre to proceed. If it does not proceed then the site is clearly not within 400m of an important seniors housing related piece of infrastructure. It should not be assumed the hospital emergency ward is a substitute for a medical centre.

Planning Comment

This is a difficult issue to deal with at the planning proposal stage. On balance the new hospital will proceed in its Ewingsdale location and this will generate an opportunity for co-location of medical services which may include GP’s and specialist services. Most hospitals (for example Lismore) generate private medical facilities in the adjacent locality. However, market forces will dictate what sort of services are provided and the timing for them. It is logical that medical centres be a use permitted on land immediately adjacent to a new hospital.

Recommendation

No change is recommended to the planning proposal.

27. Support for the Planning Proposal

Two submissions indicated support for the planning proposal.

Planning Comment

Support is noted

Recommendation

No change is recommended to the planning proposal.

28. Aboriginal archaeology not adequately addressed

One submission suggests there is an Aboriginal burial ground on the subject land.

Planning Comment

An Aboriginal cultural heritage assessment was undertaken in February 2014 by a qualified archaeologist in conjunction with Tweed Byron LALC and an Arakwal Corporation representative. It included a desk top analysis and a field visit over most of the site. No objects or artefacts ere found, no potential subsurface deposit areas were located and no further investigation is recommended. This work meets the requirements of the Due Diligence Code of Practice for the Protection of Aboriginal objects in NSW. If during any future site works an Aboriginal burial ground is located then work will be required to stop immediately. All such sites are protected under legislation.

Recommendation

No change is recommended to the planning proposal.

29. Use of schedule instead of a zone to amend the LEP

One submission questioned the use of a schedule to add land uses to permit the proposed development instead of a standard zone available under the new LEP.

Planning Comment

Council considered using different zones to achieve the suggested outcome for this land but all options would have permitted a suite of uses that are not likely to be acceptable to the wider community. The schedule permits a limited number of uses that can then be dealt with through a DA process. The underlying zone remains as it currently is, but this could be reviewed in a future general review of the LEP in the long term.

Recommendation

No change is recommended to the planning proposal.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.16 - Attachment 11

Agreement made at on

Parties

Byron Shire Council ABN 14 472 131 473 of 70-90 Station Street, Mullumbimby, New South Wales (Planning Authority)

Belbeck Investments Pty Ltd ABN 89 161 561 502 of Hanrick Curran, Level 11, 307 Queen Street, Brisbane, Queensland (Developer)

Background

A The Developer is the owner of the Land.

B In April 2013, the Developer submitted the Planning Proposal to the Planning Authority to make the Amending LEP and to facilitate the Development on the Land.

C The Planning Proposal was lodged by the Planning Authority with DP&I on 19 September 2013 and received Gateway determination on 21 November 2013.

D In connection with the Planning Proposal, the Developer offers to enter into this Agreement to make the Development Contribution if the Amending LEP is made.

Operative provisions

1 Planning Agreement under the Act

The Parties agree that this Agreement is a planning agreement governed by Subdivision 2 of Division 6 of Part 4 of the Act.

2 Application of this Agreement

This Agreement applies to the:

(a) Land; and

(b) Development.

3 Operation of this Agreement

This Agreement operates on and from the date that is the later of:

(a) the date the Amending LEP is published on the NSW Legislation website; and

(b) the date the Agreement is entered into as required by Clause 25C(1) of the Regulation.

4 Definitions and interpretation

4.1 Definitions

In this Agreement the following definitions apply:

Act means the Environmental Planning and Assessment Act 1979 (NSW).

Agreement means this planning agreement.

Amending LEP means the Local Environmental Plan proposed under the Planning Proposal to amend the Byron Local Environmental Plan 2014.

Authority means, in respect of a particular context or circumstance, each Federal, State or Local Government, semi-Government, quasi-Government or other body or authority, statutory or otherwise, including but not limited to any court or tribunal, having jurisdiction and responsibility in respect of that context or circumstance.

Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Sydney.

Commencement Date means the date upon which the Agreement is taken to operate under clause 3.

Completion means the date upon which the Development Contribution is paid to the Planning Authority.

Dealing means subdividing, mortgaging, charging, encumbering or otherwise dealing with the Land.

Development means the ‘Ewingsdale Seniors Living" development as described in the Planning Proposal being a mixed use development inclusive of seniors housing, business premises, restaurants or cafes, shops and medical facilities.

Development Contribution means the payment of $25,000 to the Planning Authority as a contribution to the costs of the Traffic Study.

DP&I means the NSW Department of Planning and Infrastructure or any other Authority replacing it.

Explanatory Note means the Explanatory Note attached at schedule 2.

First Trigger Event means the date on which the Amending LEP is published on the NSW Legislation website.

Force Majeure Event means any of the following:

(a) the declaration by a Court that the Amending LEP is invalid and where a modified LEP is not remade in similar form within 12 calendar months of the date of the declaration; or

(b) any of the following:

(i) act of God;

(ii) law, rule, regulation, order or policy of any government or governmental authority;

(iii) act of war declared or undeclared;

(iv) accident, fire, explosion, epidemic

(v) public disorder;

(vi) riot, civil disturbance, insurrection, rebellion, sabotage or act of terrorists;

(vii) flood, earthquake, hail, lightning, severe weather conditions or other natural calamity;

(viii) strike, boycott, lockout or other labour disturbance,

which:

(ix) prevents the Developer from carrying out or completing the Development;

(x) is beyond the control of the Developer; and

(xi) was not directly or indirectly caused or contributed to by the Developer.

GST Law has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any other Act or regulation relating to the imposition or administration of the GST.

Land means Lot 101 in Deposited Plan 1140936.

Local Environmental Plan has the meaning given to it in the Act.

LPI means the Land and Property Information of New South Wales or any other Authority replacing it.

Party means a party to this Agreement, including their successors and assigns.

Planning Application means a development application made under the Act for the Development or a stage of the Development.

Planning Approval means the determination by approval of the Planning Application for the Development or a stage of the Development.

Planning Proposal means the planning proposal submitted under Part 3, Division 4 of the Act for the Amending LEP, DP&I reference PP_2013_BYRON_002_00, or its amended form, as has been endorsed by the Planning Authority.

Regulation means the Environmental Planning and Assessment Regulation 2000 (NSW).

Traffic Study means the Ewingsdale Road Traffic Demand Modelling Study referred to in the Planning Authority's letter to the DP&I dated 30 July 2015.

Transfer Dealings means selling or transferring the Land.

4.2 Interpretation

In the interpretation of this Agreement, the following provisions apply unless the context otherwise requires:

(a) Headings are inserted for convenience only and do not affect the interpretation of this Agreement.

(b) If the day on which any act, matter or thing is to be done under this Agreement is not a Business Day, the act, matter or thing must be done on the next Business Day.

(c) A reference in this Agreement to dollars or $ means Australian dollars and all amounts payable under this Agreement are payable in Australian dollars.

(d) A reference in this Agreement to any law, legislation or legislative provision includes any statutory modification, amendment, replacement or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.

(e) A reference in this Agreement to any agreement, deed or document is to that agreement, deed or document as amended, novated, supplemented or replaced.

(f) A reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to this Agreement.

(g) An expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency.

(h) Where a word or phrase is given a defined meaning, another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.

(i) A word which denotes the singular denotes the plural, a word which denotes the plural denotes the singular, and a reference to any gender denotes the other genders.

(j) References to the word ‘include’ or ‘including’ are to be construed without limitation.

(k) A reference to this Agreement includes the agreement recorded in this Agreement.

(l) A reference to a Party to this Agreement includes a reference to the servants, agents and contractors of the Party, and the Party’s successors and assigns.

(m) Any schedules and attachments form part of this Agreement.

5 Development Contribution to be made under this Agreement

(a) Subject to this Agreement the Developer is to make the Development Contribution within 28 days after the First Trigger Event.

(b) If the Developer fails to make the Development Contribution in accordance with clause 5(a), then the Developer acknowledges and agrees that, unless otherwise agreed in writing by the Planning Authority, it will ensure that no Planning Applications are lodged with the Planning Authority for the Development or any other development on the Land.

(c) Following the payment of the Development Contribution, the Developer shall prepare a draft development control plan in consultation with the Planning Authority and provide that to the Planning Authority as soon as reasonably practicable and no later than 6 months after the Development Contribution is paid.

6 Application of sections 94, 94A and 94EF of the Act to the Development

This Agreement does not exclude the application of sections 94, 94A and 94EF of the Act to the Development.

7 Caveat

(a) Until such time as the Development Contribution is paid, the Developer agrees that the Planning Authority may, after the Commencement Date, lodge a caveat on the relevant folios of the Register held by the LPI pertaining to the Land.

(b) If the Planning Authority lodges a caveat in accordance with clause 7(a), then the Planning Authority must during such time as the caveat remains lodged on the title of the Land:

(i) provide written consent within 5 Business Days to any proposed Dealing in respect of the Land other than a Transfer Dealing;

(ii) provide written consent within 5 Business Days to a proposed Transfer Dealing in circumstances where the proposed assignee, transferee, purchaser or other party (the "Incoming Party") of the Land or part of the Land has executed a Novation Deed in substantially the same form as contained in Annexure A;

(iii) remove the caveat from the title to the Land promptly, following payment of the Development Contribution.

8 Review of this Agreement

(a) This Agreement may be reviewed or modified and any review or modification of this Agreement will be conducted in the circumstances and in the manner determined by the Parties.

(b) No modification or review of this Agreement will be of any force or effect unless it is in writing and signed by the Parties to this Agreement.

9 Dispute Resolution

9.1 Reference to Dispute

If a dispute arises between the Parties in relation to this Agreement, then either Party must resolve that dispute in accordance with this clause.

9.2 Notice of Dispute

The Party wishing to commence the dispute resolution processes must notify the other in writing of:

(a) the intent to invoke this clause;

(b) the nature or subject matter of the dispute, including a summary of any efforts made to resolve the dispute other than by way of this clause; and

9.3 Representatives of Parties to Meet

(a) The representatives of the Parties must promptly (and in any event within 14 Business Days of the written notice provided in accordance with clause 9.2) meet in good faith to attempt to resolve the notified dispute.

(b) The Parties may, without limitation:

(i) resolve the dispute during the course of that meeting;

(ii) agree that further material, expert opinion or consideration is needed to effectively resolve the dispute (in which event the Parties will, in good faith, agree to a timetable for resolution);

(iii) agree that the Parties are unlikely to resolve the dispute and, in good faith, agree to a form of alternative dispute resolution (including expert determination, arbitration or mediation) which is appropriate for the resolution of the relevant dispute.

10 Security and Enforcement

10.1 Security

The Parties agree that the right of the Planning Authority to register a caveat on the Land constitutes suitable means of enforcement for the purpose of section 93F(3)(g) of the Act.

10.2 Enforcement

(a) Without limiting any other remedies available to the Parties, this Agreement may be enforced by any Party in any Court of competent jurisdiction.

(b) Nothing in this Agreement prevents:

(i) a Party from bringing proceedings in the Land and Environment Court or any other Court of competent jurisdiction to enforce any aspect of this Agreement or any matter to which this Agreement relates; and

(ii) the Planning Authority from exercising any function under the Act or any other Act or law relating to the enforcement of any aspect of this Agreement or any matter to which this Agreement relates.

11 Notices

11.1 Delivery

Any notice, consent, information, application or request that must or may be given or made to a Party under this Agreement is only given or made if it is in writing and sent in one of the following ways:

(a) Delivered or posted to that Party at its address set out below.

(b) Faxed to that Party at its fax number set out below.

Byron Shire Council

Attention: General Manager

Address: 70-90 Station Street, Mullumbimby, New South Wales

Fax Number: [insert]

Email: [insert]

Belbeck Investments Pty Ltd

Attention: Leigh & John Belbeck

Address: 85 Yarranabbe Road, Darling Point, NSW 2027

Email: leigh.belbeck@gmail.com

john.belbeck2@gmail.com

11.2 Change of Details

If a Party gives the other Party three Business Days' notice of a change of its address, email address or fax number, any notice, consent, information, application or request is only given or made by that other Party if it is delivered, electronically sent, posted or faxed to the latest address, email address or fax number.

11.3 Giving of Notice

Subject to clause 11.4, any notice, consent, invoice, information, application or request is to be treated as given or made at the following time:

(a) if it is delivered by process server, when it is served at the relevant address;

(b) if it is sent by registered post, two Business Days after it is posted; and

(c) if it is sent by email, when a delivery confirmation report is received by the sender, unless subsequently the sender receives a delivery failure notification, indicating that the electronic mail has not been delivered.

11.4 Delivery outside of business hours

If any notice, consent, information, application or request is delivered on a day that is not a Business Day, or if on a Business Day, after 5.00 pm on that day in the place of the Party to whom it is sent, it is to be treated as having been given or made at the beginning of the next Business Day.

12 Force Majeure

(a) If a Party is unable by reason of a Force Majeure Event to carry out wholly or in part its obligations under this Agreement, it must:

(i) give to the other Parties prompt notice of the force majeure with reasonably full particulars; and

(ii) suggest an alternative method, if any, of satisfying its obligations under this Agreement.

(b) If a Party is unable to satisfy its obligations under this Agreement by an alternative method, the obligations of the Parties, and any time periods, so far as they are affected by the Force Majeure Event are then suspended during continuance of the force majeure and any further period as may be reasonable in the circumstances.

(c) The Party giving such notice under this clause must use all reasonable efforts and diligence to remove the Force Majeure Event or ameliorate its effects as quickly as practicable.

(d) If the Parties are unable to agree on the existence of a Force Majeure Event or the period during which the obligations of the Parties, and any time periods, are suspended during the continuance of the Force Majeure Event, that dispute must be referred for determination under clause 9.

(e) If a Force Majeure Event cannot be rectified to the mutual satisfaction of the Parties and the Developer, in its sole discretion, determines that it is unable to undertake or continue with the Development, then upon the surrender of any existing Planning Approvals that relate to works that have not yet been physically commenced (as defined in the Act), the Developer may terminate this agreement by written notice to the Planning Authority in which event neither Party will have any claim against the other under this Agreement.

(f) If paragraph (e) applies, the Planning Authority shall do all things reasonably necessary including executing any necessary documents to enable the Developer to remove the notation of this Agreement on the relevant folios of the Torrens title register held by LPI relating to the land within 20 Business Days of receiving written request from the Developer.

13 Costs

(a) The Parties agree to bear their own costs of preparing, negotiating, executing and stamping this Agreement and any document related to this Agreement.

(b) The Parties agree that the legal costs of any modification to this Agreement will be borne by the party that requests the modification. Where more than one party requests the modification, the legal costs associated with modification to this Agreement will be split between the Parties equally, unless otherwise agreed in writing.

14 Entire Agreement

(a) This Agreement contains everything to which the Parties have agreed in relation to the matters those documents deal with. No Party can rely on an earlier document, or anything said or done by another Party, or by a director, officer, agent or employee of that Party, before this Agreement was executed, except as permitted by law.

(b) Pursuant to clause 25E(7) of the Regulation, the Parties agree that the Explanatory Note is not to be used to assist in construing this Agreement.

15 Governing law and jurisdiction

This Agreement is governed by the law of New South Wales. The Parties submit to the non-exclusive jurisdiction of its Courts and Courts of appeal from them. The Parties will not object to the exercise of jurisdiction by those Courts on any basis.

16 No fetter

Nothing in this Agreement shall be construed as requiring the Planning Authority to do anything that would cause it to be in breach of any of its obligations at law, and without limitation, nothing shall be construed as limiting or fettering in any way the exercise of any statutory discretion or duty.

17 Representations and warranties

(a) The Developer represents and warrants that on the date of this Planning Agreement the Developer is the legal and beneficial owner of the Land.

(b) The Parties represent and warrant that they have power to enter into this Agreement and comply with their obligations under this Agreement and that entry into this Agreement will not result in the breach of any law.

18 Severability

If a clause or part of a clause of this Agreement can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause Is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of this Agreement is not affected.

19 Waiver

The fact that a Party fails to do, or delays in doing, something the Party is entitled to do under this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by, another Party. A waiver by a Party is only effective if it is in writing. A written waiver by a Party is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

20 GST

20.1 Construction

In this clause 20:

(a) words and expressions which are not defined in this Agreement but which have a defined meaning in the GST Law have the same meaning as in the GST Law; and

(b) GST Law has the same meaning given to that expression in the GST Act.

20.2 Intention of the Parties

Without limiting the operation of this clause 20, as at the date of this Agreement, the Parties intend that:

(a) Divisions 81 and 82 of the GST Act apply to the supplies made under and in connection with this Agreement;

(b) no tax invoices will be exchanged between the Parties; and

20.3 Consideration GST exclusive

All prices or other sums payable or consideration to be provided under this Agreement are exclusive of GST.

20.4 Payment of GST – additional payment required

(a) If an entity (Supplier) makes a taxable supply under or in connection with this Agreement (Relevant Supply), then, subject to clause 20.4(d), the Party required under the other provisions of this Agreement to provide the consideration for that Relevant Supply (Recipient) must pay an additional amount to the Supplier (GST Amount), as calculated under clause 20.4(b), 20.4(c) and 20.4(e) (as appropriate).

(b) To the extent that the consideration to be provided by the Recipient for the Relevant Supply under the other provisions of this Agreement is a payment of money (including, for the avoidance of doubt, any payment under clauses 20.4(c) and 20.4(e)), the Recipient must pay to the Supplier an additional amount equal to the amount of the payment multiplied by the rate or rates of GST applicable to that Relevant Supply.

(i) a payment of money; nor

(ii) a taxable supply,

(Non-taxable non monetary consideration),

the Recipient must pay to the Supplier an additional amount equal to 1/11^th of the GST-inclusive market value of the Non-taxable non-monetary consideration.

(d) To the extent that the consideration payable by the Recipient is a taxable supply made to the Supplier by the Recipient, then, notwithstanding clause 20.4(a) and subject to clause 20.4(e), no additional amount is payable by the Recipient to the Supplier on account of the GST payable on that taxable supply.

(e) Notwithstanding clause 20.4(d) if the GST-inclusive market value of the non-monetary consideration of the Relevant Supply (Supplier's taxable supply) is less than the GST-inclusive market value of the non-monetary consideration comprising the taxable supply made by the Recipient to the Supplier for the Supplier's taxable supply (Recipient's taxable supply) then, the Recipient must pay to the Supplier an additional amount equal to 1/11^th of the difference between the GST-inclusive market value of the Recipient's taxable supply and the GST-inclusive market value of the Supplier's taxable supply.

(f) The recipient will pay the GST Amount referred to in this clause 20.4 in addition to and at the same time as the first part of the consideration is provided for the Relevant Supply.

20.5 Tax invoice

The Supplier must deliver a tax invoice to the Recipient before the Supplier is entitled to payment of the GST Amount under clause 20.4. The Recipient can withhold payment of the GST Amount until the Supplier provides a tax invoice.

20.6 Adjustment event

If an adjustment event arises in respect of a taxable supply made by a Supplier under this Agreement, the GST Amount payable by the Recipient under clause 20.4 will be recalculated taking into account any previous adjustment under this clause to reflect the adjustment event and a payment will be made by the Recipient to the Supplier or by the Supplier to the Recipient as the case requires.

20.7 Reimbursements

Where a party is required under this Agreement to pay, indemnify or reimburse an expense, loss or outgoing of another party, the amount to be paid, indemnified or reimbursed by the first party will be the sum of:

(a) the amount of the expense, loss or outgoing less any input tax credits in respect of the expense, loss or outgoing to which the other party, or to which the representative member of a GST group of which the other party is a member, is entitled; and

(b) any additional amount payable under clause 20.4 in respect of that reimbursement.

20.8 No Merger

This clause 200 does not merge in the completion, discharge, rescission or termination of this document or on the transfer of any property supplied or to be supplied under this document.

21 Relationship of Parties

This Agreement is not intended to create a partnership, joint venture or agency relationship between the Parties.

22 Counterparts

This document may consist of a number of counterparts and, if so, the counterparts taken together constitute one document.

BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services 14.4 - Attachment 1

Report of the Local Traffic Committee Meeting held on Wednesday,
26 August 2015

File No: Error! Unknown document property name.

Meeting Commenced: 10.40 am

PRESENT:

Councillor: Cr Duncan Dey

Roads and Maritime Services Representative: Jessica Healey

Police: Snr Constable Anthony Darby

Staff: Simon Bennett

Observers: Jenny Coman (Item 6.1)

Tony Hart (Item 6.1)

Apologies:

Tamara Smith, MP

Declarations of Interest

There were no declarations of interest raised.

Adoption of Minutes from Previous Meetings

It was noted the minutes of the Local Traffic Committee Meeting held on 24 June 2015 were tabled to Council at the Ordinary Meeting held 16 July 2015.

Matters Arising

There were no matters arising.

Outstanding Issues/Resolutions

N/A

Regulatory Matters

Report No. 6.1 Request for Heavy Vehicle restrictions, Granuaille Road, Bangalow

File No: I2015/879

Two residents of Bangalow will attend to outline their concerns to the Committee. One of them, in their capacity of the Bangalow Progress Association (BPA), has chaired a community meeting (details as attached, E2015/55160) and advised they hope for the following from Council:

1. to get endorsement of the community concern about excessive traffic on the roads through Bangalow and the implications for safety, health and noise abatement;

2. to seek action by LTC toward achievement of our immediate remediation requests;

3. to work with the community on the assessment of the impact of the new motorway and the Lismore signage, through a joint RMS, Council, community working party to determine location of traffic counters and assessment of results before and after opening of the T2E; and

4. support our requirement for an overall review of regional traffic flows including the need for a southern bypass of Bangalow.

Similar concerns have been raised by another Granuaille Road resident who seeks Council support to limit heavy vehicle use, preferably with outright ban or very least restrictions in regard to their operational times.

To assist the discussion and Committee consideration of the request details of traffic volumes and heavy vehicle use will be available at the meeting. It should be noted while a local road the subject site (depicted) forms part of the state road (MR65) network and any changes will require RMS approval.

Committee Comments

· noted document provided and discussed by Tony Hart (E2015/55160)

· noted Council had supported southern bypass proposal in Council T2E EA submission 2008

· noted Council did not and still does not support sign-posting Lismore for southbound highway traffic at the Ewingsdale interchange, nevertheless it is also noted motorists are increasingly using GPS over signage for directional purposes

· however in support of the community concern tabled it was agreed a recommendation be made on the RMS proposal to assess Lismore signage

· as for Granuaille Rd specifically, the following was noted:

· RMS data provided (Feb 2015 count, 710m north of roundabout) indicates most traffic (85^th percentile) travel at speeds exceeding the posted speed limit suggesting enforcement required and if persists engineering works be considered to reduce speeds

· to this end, RMS will review the traffic data and provide to the Police to see if a pattern of speeding vehicles can be detected (e.g. time of day) to assist with targeted enforcement

· most traffic is considered local (i.e. regular and recurring) and may not change their route (or habit) when the Highway upgrade is completed

· it is a public road and part of a state network (MR65) and putting a load limit on the road is not appropriate or warranted and would require RMS approval noting they have undertaken development of a road corridor strategy which would review issues such as road safety

Management Comments

Management had no comments to make in relation to this item.

RECOMMENDATION:

1. That Council note the concerns raised by Bangalow Progress Association (BPA) regarding heavy vehicle use, noise and speed, and traffic volumes in general, including concerns held regarding amenity and safety.

2. That the Local Traffic Committee, in noting Council’s previous opposition to sign posting Lismore on the Pacific Highway prior to the Ewingsdale interchange, recommend that if the RMS are to proceed with their intended assessment of such signage it be carried out only after completion of the T2E upgrade on the basis that:

a) the highway is fully operational, i.e. no road works or temporary speed limits apply south of Ewingsdale Road and associated road works are completed

b) it start with no signage for a period of at least three months

c) if necessary, followed by the same time period with signage for comparison

3. That Council notes that load limiting, or restriction of general access vehicles (including heavy vehicles such as trucks up to 19 metres, buses, etc) is not possible on a road, unless there is a road hazard or asset management concern present.

4. That Council notes the RMS Corridor Strategy will address speed, traffic volumes, heavy vehicle use, signage etc, however, RMS advice and approval for signage in regard to heavy vehicle use and noise reduction on Granuaille Road (eg compression braking) be sought.

Report No. 6.2 Road Closure, Mullumbimby Music Festival, 22 November 2015

File No: I2015/880

The same event as held in previous years is proposed, including the same street parade which requires the temporary closure of Burringbar Street and Dalley Street.

As no problems or objections have arisen from previous events, Committee endorsement is sought.

Committee Comments

The Committee had no comments to make in relation to this item.

Management Comments

The proponent will be advised Council no longer provide traffic control services for such events.

RECOMMENDATION:

1. That the Mullumbimby Music Festival Street Parade scheduled for Sunday, 22 November 2015 be endorsed, including the temporary road closure of:

a) Dalley Street, Mullumbimby between Tincogan Street and Burringbar Street which is effective between 11am and 12noon

b) Burringbar Street, Mullumbimby between Station Street and Dalley Street which is effective between 10.45am and 11.15am

c) Lane 7, between Dalley Street and east of the Fire Station driveway, and Lane 2, from Lane 7 to Tincogan Street, with both in effect from 4pm Thursday 19 November 2015 through to 8am Monday 23 November 2015.

2. That the temporary road closure be subject to the following conditions, each to be met prior to the event being held:

a) that the organisers be responsible for implementing a Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation;

b) payment of Council’s relevant on-road event fee ($350 inc GST);

c) that each temporary bus stop as required by the event be established in accordance with an accredited Traffic Control Plan;

d) that public liability insurance be in place for the sum of at least $20 million;

e) that the written concurrence of local Police and from the Fire Stations on both Gordon Street and Dalley Street, be obtained by the organisers and provided to Council;

f) that Council advertise the event in accordance with the Roads Act;

g) that Council provide prior notification of the event on Council's website.

3.3. That the organisers note Council no longer provides traffic control services or equipment for such events.

Report No. 6.3 Road Closure, Twilight Markets, Brunswick Heads, 16 December 2015

File No: I2015/881

The same event as held in previous years is proposed including the same temporary closure of Mullumbimbi Street between Park Street and The Terrace.

As no problems or objections have arisen from previous events Committee endorsement is sought.

Committee Comments

The Committee had no comments to make in relation to this item.

Management Comments

The proponent will be advised Council no longer provide traffic control services for such events

RECOMMENDATION:

1. That the temporary road closure of Mullumbimbi Street between Park Street and The Terrace, Brunswick Heads from 12 noon to 12 midnight on Wednesday, 16 December 2015 be approved for the holding of the annual Twilight Markets.

2. That the temporary road closure be subject to the following conditions:

a) that the temporary traffic arrangements and road closure be undertaken as per a Traffic Control Plan as designed and implemented by those with appropriate accreditation and includes the provision of two temporary accessible (disabled) parking bays outside the Brunswick Heads Hotel from 7am to 12noon

b) that public liability insurance be in place for the sum of at least $20 million

c) that the concurrence of local Police be obtained by the organisers, independent of the Local Traffic Committee endorsement

d) that the event be advertised in accordance with the Roads Act

e) that the written concurrence of local Police be obtained by the organisers and provided to Council

f) that Council advertises the event in accordance with the Roads Act

g) that prior notification of the event be provided on Council's website

h) that the applicable Council fee for lodgement of a road event application apply ($350 inc GST) and be paid prior to the event

3. That the organisers note Council no longer provides traffic control services or equipment for such events.

Report No. 6.4 Endorsement of One-Way Entry and Exit, Mullumbimby High School Car Park

File No: I2015/882

Council has undertaken third party works as per agreement and as paid for by the Department of Education. This had included a footpath on the eastern side from the pedestrian crossing linking with the student car park which itself was subject of changes, namely the addition of a second driveway. These changes, along with other requests or requirements of the school, are depicted below.

However the matter relevant to the Committee is the new car park access and egress. To this end committee endorsement is sought that the northern driveway be entry only and the southern driveway be exit only and relevant regulatory signage be installed.

Yellow line –

completed footpath

White arrows – endorsement sought for new entry and exit only arrangement in student car park

Red line –

school request Council provide fencing (requires budget)

Green line –

path as part of DA condition (yet to be built, Dept Education requirement to provide)

Committee Comments

· The pedestrian fencing may be applicable for ‘Safety Around Schools’ funding from RMS

Management Comments

· Staff have since submitted a cost estimate and details of proposed fencing for RMS consideration

RECOMMENDATION:

That the car park on Jubilee Avenue, Mullumbimby, as located north-east of the intersection with Azalea Street, be endorsed and signed with the appropriate regulatory signage for No Entry (R2-4) so that the northern driveway be effectively an ‘Entry Only’ site and the southern driveway be an ‘Exit Only’.

Report No. 6.5 Proposed Loading Zone, Council Office, Station Street, Mullumbimby

File No: I2015/883

The front entry of Council’s Administration building, located at the corner of Station Street and Burringbar Street, Mullumbimby provides no Loading Zone, despite the numerous deliveries that are made each day.

As a result, many delivery vehicles mount the kerb and park adjacent to the building putting footpath users at risk. To stop this practice concerned Council staff have requested a Loading Zone be provided.

The most obvious site for such a facility is depicted, ie as per the yellow circle. This however is the same location as currently used by two mobility permit only parking spaces and therefore not recommended.

Instead Committee endorsement is sought to remove the three general permissible 2P limited parking spaces as per the red circle and create a Loading Zone effective Monday-Friday 8am-4pm thereby allowing parking at other times.

Committee Comments

· noted that three well used 2P limited car spaces will be lost, however to limit impacts or the need for extra unfunded works it was agreed the location suggested appears most appropriate and therefore supported

Management Comments

· in addition, a bollard is to be installed adjacent to the pedestrian crossing to deter vehicle access onto the paved area between Council’s administration building and the chambers

RECOMMENDATION:

That the three angled spaces on the east side of Station Street, Mullumbimby, south of the two mobility permit (disabled) spaces located south of Burringbar Street, be endorsed and signed as a Loading Zone Monday-Friday 8am-4pm.

Report No. 6.6 Request for 2P time limit, Tincogan Street, Mullumbimby

File No: I2015/884

A request has been received that a 2P time limit apply on Tincogan Street, Mullumbimby between Dalley St and Stuart St which is currently unrestricted.

The subject site is depicted as is the town centre where similar 2P time limits apply weekdays and through to 12pm Saturday.

While Council will undertake a parking study this financial year the consultation with adjacent tenants is considered a beneficial precursor and therefore recommended to help inform the study.

Committee Comments

The Committee had no comments to make in relation to this item

Management Comments

Management had no comments to make in relation to this item.

RECOMMENDATION:

1. That consultation with properties adjacent to Tincogan Street, Mullumbimby, between Dalley Street and Stuart Street, be undertaken in regard to both parking and traffic needs and demands and the use of a time limit to assist with turn over.

2. That the results of the consultation be referred to and help inform Council’s parking study of Mullumbimby town centre, which will be reported to Council in due course.

Report No. 6.7 Request for Mobility Permit Parking Space, Community Gardens, Mullumbimby

File No: I2015/886

The Mullumbimby Community Gardens has requested that one of the car spaces within the sealed and line marked car park, as located closest to their main entry, be signed as a mobility permit only space. This is supported and Committee endorsement is sought.

Committee Comments

The Committee had no comments to make in relation to this item.

Management Comments

Management had no comments to make in relation to this item.

RECOMMENDATION:

That a single car park space within the sealed car park at the frontage of the Mullumbimby Community Gardens be marked and signed as a mobility permit (disabled) parking space only.

Report No. 6.8 Request for 60kph speed limit, Myocum Downs Drive, Myocum

File No: I2015/887

A resident has requested a 60kph speed limit be introduced for the 1.2km length of Myocum Downs Drive. As shown the subject site is a sealed, no through road, has 29 residential properties, is in a rural setting and located approximately 3.5km south of Mullumbimby. Council has no record of traffic volume or speeds or any crash data, based on records dating back to 1996.

Nevertheless, the number of accesses (up to 29) and that no through traffic occurs would suggest some of the RMS speed zone criteria for reviewing the speed limit is met. The road is currently state default (100kph), drive to conditions while the main road (and sole access point) of Myocum Road has recently (in last 18 months) been reduced from a similar, rural 100k limit to 80kph.

However as RMS are the sole authority for authorising speed zone changes it is requested that they undertake such a review if they believe it warranted and, if it proceeds, provide results back in due course.

Committee Comments

· noted the high number of property accesses along the road

· RMS to inspect the site post-meeting

Management Comments

· RMS officer inspected the site and believes a speed limit is warranted with details to be confirmed in due course

RECOMMENDATION:

That Council request the RMS, as the sole NSW authority for authorising speed zone changes, undertake such review of Myocum Downs Drive, Myocum if they believe it warranted and, if such review proceeds, provide results back in due course.

Report No. 6.9 Request for 60kph Speed Limit, Yelgun Road, Yelgun

File No: I2015/888

A resident has requested a 60kph speed limit be introduced for the 1.7km length of Yelgun Road, Yelgun. The subject site is depicted and is a sealed, no through road, has 25 adjacent properties, is in a rural setting and located approximately 2.5km north of Billinudgel. Council has no record of traffic volume or speeds or any crash data, based on records dating back to 1996.

Nevertheless, the number of accesses (approx. 18 active and up to 25 potential) and that no through traffic occurs would suggest some of the RMS speed zone criteria for reviewing the speed limit is met. The road is currently state default (100kph), drive to conditions while the main road (and sole access point) of Tweed Valley Way is 80kph.

Committee Comments

· RMS to inspect the site post-meeting

Management Comments

· RMS officer inspected the site and believes a speed limit is unwarranted due to ‘self regulating’ nature of the road which, if proceeds, would mean the state default limit will remain (100kph) but not signed other than advisory signs, eg ‘Reduce Speed to Conditions’

RECOMMENDATION:

That Council request the RMS, as the sole NSW authority for authorising speed zone changes, undertake such review of Yelgun Road, Yelgun if they believe it warranted and, if such review proceeds, provide results back in due course.

Report No. 6.10 Proposed Trial, School Bus Contra-Flow, Wilsons Creek Public School Bus Bay

File No: I2015/889

The Committee were advised this matter would be provided in the Minutes subject to an onsite inspection occurring post-meeting. Such a meeting was held that same day (4pm) with Council and RMS staff on the Committee meeting onsite where the following was discussed.

As per photos below the bus bay as being funded by RMS is near completion. The completed western end has been operational since July catering for 3 of the 4 bus services. It is proposed the 4^th service (outbound PM), which currently uses the bus stop in the unsealed road shoulder opposite the school, be allowed to enter the eastern end of the new bus bay once completed in a contra-flow arrangement with signage as depicted and restricted operation as per schematic below.

To protect the students further, who would be escorted to the bus under teacher supervision, they will wait on the yet to be built platform above the bus bay, use the steps into the bus bay and board the contra-flow bus only once it has stopped and adjacent to a heavy galvanized pedestrian fence which is to be mounted upon a median to physically demarcate the travel lane and bus bay area. It should be noted the Department of Education are funding the new path, platform and steps to the bus bay.

Also as per the photos below, it can be seen how the new bus bay will greatly improve safety and provide off-street space for passenger and bus alike. The full potential of the bus bay and the safety benefits it offers however will only by fully realised is all four services can utilise the facility. This can be done by allowing a restricted and controlled contra-flow operation as per the below schematic; i.e. only one bus is ever present in the bus bay at anyone time (which is achievable as the two services each AM and two at PM are by the same operator) and the contra-flow is only available to the single PM service which requires 2-3minutes typically between 330-4pm hence the previously endorsed bus zone signage to reflect such times of operation and (as per below schematic) the proposed No Entry restriction at the eastern end.

Also - and most importantly of all - by allowing this contra-flow arrangement in the bus bay it will mean no bus will need to park opposite the school and no student will need to cross the road therefore making the southern side bus stop in the unsealed gravel shoulder redundant and can be removed.

As such it is recommended the Committee support the proposed contra-flow, or in the very least endorse a controlled trial if further confirmation of the benefits and potential risks is needed.

Figure 1: photos prior and after works

Before – looking west

Photo 1: Prior to works: obstruction and safety concerns as students cross to the southern bus stop to access the PM outbound service

Before – looking west

Photo 2: Prior to works: boarding bus in road shoulder and bus remains in travel lane (northern/school side of road where bus bay is now constructed)

After – looking east

Photo 3: Eastern end – completion due 28 August, if used for contra-flow as proposed will remove need to cross road as shown in photo 1 above

After – looking west

Photo 4: Post works: boarding bus now available in new bus bay and not in road shoulder as per Photo 2

Figure 2: schematic of proposed operations
red text denotes work yet to be completed as at 26/8/15

Committee Comments

· noted Council staff and RMS will carry out a site inspection after this meeting

RMS comments, provided after the onsite review as held after the LTC meeting

· it remains that there is still risk to pedestrians and traffic with the proposed contraflow arrangement.

· RMS has provided comments in the June 2015 minutes which include:

o concern for the lack of hard stand area/path adjacent the proposed separation fencing, and

o questioned enforcement of a ‘no entry’ arrangement in an isolated area as Wilsons Creek.

o Furthermore RMS recommended u-turn facilities be investigated east of the site to negate the need for contraflow entirely (still yet to be investigated)

· Granted however that traffic volumes are quite low and the time of use is limited to a brief window within 40 school zone operation times, therefore placing the contraflow at a relatively low risk category when considering the changes that have now taken place at the site.

· On this basis, if the school and bus operator are willing to necessarily support this arrangement and council as the road authority wish to pursue this option, RMS will concur based on the following additional recommendations:

o No Entry / Buses excepted ) are also placed at the mid point of the bus bay to regulate eastbound vehicles conflicting a bus entering/exiting from the opposing direction (further LTC comments required for this additional regulatory device).

o That it is noted RMS reserve the right to appeal this decision in accordance with the delegations of the Local Traffic Committee.

o That a report is prepared towards the end of Term 4 - 2015 to provide an update regarding the arrangements operation. Furthermore that the details of the report are reviewed at that time as required.

o School zone/warning signposting as previously recommended and provided by RMS is installed.

Management Comments

· The above RMS comments were provided and inserted after the draft report and recommendation was circulated to the Committee for comment.

· Accordingly the recommendations of the RMS are now inserted into Committee recommendation

RECOMMENDATION:

1. That in regard to the constructed bus bay at the frontage of Wilson’s Creek Public School, Council support a trial of the contra-flow arrangements as described at Report No. 6.10 within the Local Traffic Committee Minutes (I2015/894) and that it:

a) cease immediately if either Council, RMS, NSW Transport, Police, the bus operator, or the School or any authority with such power request as such, on the proviso such request is in writing and lodged with Council prior to the end of Term 4 2015; or

b) in event of no such request, be adopted as a permanent measure commencing with the start of the 2016 school year; and

c) a report be provided to Council in due course on either of the above outcomes once known

2. That on the basis Part 1 is adopted, both sides of the entry to the eastern end of the bus bay as provided between the fenced median and retaining wall and the mid-point of the bus bay be signed as No Entry (R2-4) Buses Excepted (R9-2) and that such signage be removed in the event the contra-flow arrangements cease to operate.

3. That Council note and accept the RMS advice as contained in above cited minutes, namely that:

a) RMS reserve the right to appeal this decision in accordance with the delegations of the Local Traffic Committee;

b) a report be provided prior to end of Term 4 2015 regarding the arrangements operation and that the details of the report are reviewed at that time as required, e.g. by the Local Traffic Committee, Council and RMS;

c) school zone/warning sign-posting as previously recommended and provided by the RMS be installed prior to the contra-flow trail commencing.

Report No. 6.11 Request for Bus Stop, Byron Bay Pool

File No: I2015/890

Details to be provided at meeting for discussion. Request for a formal bus stop is made from Blanch’s/BVC bus company, who are the main public transport operators within the Shire.

Committee Comments

· the Committee noted that according to the NSW Road Rules, a bus unloading or loading passengers can legally use a loading zone such as the one nearby on Bay Street, opposite the Beach Hotel and adjacent to Apex Park

· it was noted however such a location or ‘dual use’ does not address the concerns of the operator who would prefer a stop adjacent to the pool

· providing a poolside stop however will require removal of car parking and considerable physical works so as to provide a safe turn around area which is preferable than a bus reversing in an urban area which can be undertaken if and when needed a per current practice

Management Comments

· the request would better considered as part of any future upgrade to this key intersection, which if it did proceed, would involve bus and other transport operators as part of the consultation process

RECOMMENDATION:

That the applicant be informed that under NSW Road Rules 2014, a bus can legally use any loading zone whilst engaged in loading or unloading passengers.

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

File No: I2015/891

The adjacent public school requests No Parking apply in Market Street, Bangalow between Byron Street and its end on Market Days and School Days only. The subject site is shown by the yellow line.

Such a request is recommended as it is aimed to address the problems of congestion and safety encountered at busy times such a school pick up and drop off and on market days, when parking is made available off-street with the showgrounds at the north end of the street.

It should be noted that No Parking will still provide opportunity for up to
2-minutes to drop off and pick up. This ability can be emphasised further by providing supplementary signage such as ‘kiss and ride’ subject to school acceptance and use of such signage.

Committee Comments

· the Committee noted the narrow width of Market Street, Bangalow and requested that a post-meeting site inspection confirm if width would allow parking to remain on one side of the street and make a recommendation on the basis of such inspection

Management Comments

· the road width is less than 6m and No stopping applies on the eastern side

· the width justifies that parking be disallowed on both sides of the street, hence the recommendation made

RECOMMENDATION:

1. That in accordance with Australian Standard 2890.5, No Parking be signed and apply on the western side of Market Street, Bangalow.

2. That Kiss and Ride supplementary signage be attached to the No Parking signs, subject to the school’s concurrence, which if not forthcoming an alternative site be investigated for such purpose.

Development Applications

Report No. 7.1 Byron Bay Bypass – DA 10.2015.384.1

File No: I2015/892

Byron Bay Bypass – DA 10.2015.384.1

Committee advice on the project is sought and endorsement of the regulatory controls will be proposed.

Detailed design plans will be tabled to assist the committee’s review.

Committee Comments

· noted the turning and exit line marking on and through the roundabout travel lanes are not needed and could cause confusion for motorists

· noted regulatory matters, as they arise, will be referred to the Committee at a later date

Management Comments

Management had no comments to make in relation to this item.

RECOMMENDATION:

That in regard to the GHD preliminary designs as included at Appendix E of DA Application 10.2015.384.1 (as per Council file E2015/41826) for the Byron Bay town centre bypass, Council notes that the Local Traffic Committee:

a) provide in-principle support for the traffic facilities and provisions proposed;

b) recommend the turning and exit lines shown to demarcate roundabout travel lanes be removed from the design; and

c) require regulatory traffic matters be referred back to the Local Traffic Committee as and when required.

There being no further business the meeting concluded at 1.15 pm.

Date of Meeting:		Thursday 20 August 2015
Time Commenced:		9.14am
PRESENT:	Councillors:		Cr Simon Richardson, Cr Rose Wanchap
	Community Representatives:		There are no community representatives.
	Invited Representatives: Guests		Paul Spooner (Byron Community Centre), Tess Cullen (Byron Community Centre), Michael O’Grady (Byron United/ Destination Byron/ Backpacker Group), Peter Wood (Arts Northern Rivers), Greg Jago (Police) Mouche Phillips (Byron Community Centre) Brandon Saul (Falls Festival),
	Staff:		Greg Ironfield (Manager Community Development), Joanne McMurtry (Community Policy Officer), Simon Bennett (Traffic & Transport Officer), Wayne Bertram (Manager Sustainable Development), Scott Brodie (Team Leader Compliance)

1. APOLOGIES:	Hannah Spalding (Byron Bay Liquor Accord)

2. DECLARATIONS OF INTERESTS:	Paul Spooner (Byron Community Centre) reinforced a previous declaration, in that he was in attendance as the Community Centre Manager and not a Councillor, and that the Byron Community Centre conduct the operations of Soul Street NYE and First Sun NYD events.
3. CONFIRMATION OF A QUORUM:		There are 9 members appointed to this group (not including staff). Quorum was met.
4. CONFIRMATION OF PREVIOUS MINUTES		The previous minutes from the 23 April 2015 meeting were adopted. (Spooner/ Wanchap)
5. BUSINESS ARISING FROM PREVIOUS MEETING

Planning Proposal Seniors Living
LEP Amendments Register:	26.2013.2.1
Description:	Planning Proposal - rezone for development concept-seniors housing, retail premises & medical facilities
Parcel No.	240779, 240809
Property address::	PT: 101 DP: 1140936 Ewingsdale Road EWINGSDALE

Provision of the Act	This Agreement
Under section 93F(1), the Developer has:
(a) sought a change to an environmental planning instrument.	(a) Yes
(b) made, or proposes to make, a development application.	(b) Yes (to be made at a later date)
(c) entered into an agreement with, or is otherwise associated with, a person, to whom paragraph (a) or (b) applies.	(c) No
Description of the land to which this Agreement applies- (Section 93F(3)(a))	Lot 101 in Deposited Plan 1140936
Description of the change to the environmental planning instrument to which this Agreement applies - (Section 93F(3)(b)(i))	Amending the Byron Local Environmental Plan 2014 to permit additional planning uses on the Land, including seniors housing, business premises, restaurants or cafes, shops and medical facilities.
Description of the development to which this Agreement applies- (Section 93F(3)(b)(ii))	The Development comprises the ‘Ewingsdale Seniors Living" development as described in the Planning Proposal being a mixed use development inclusive of seniors housing, business premises, restaurants or cafes, shops and medical facilities.
The scope, timing and manner of delivery of Development Contributions required by this Agreement - (Section 93F(3)(c))	See clause 5
Applicability of Section 94 of the Act - (Section 93F(3)(d))	Section 94 is not excluded as it applies to the Development.
Applicability of Section 94A of the Act - (Section 93F(3)(d))	Section 94A is not excluded as it applies to the Development.
Applicability of Section 94EF of the Act - (Section 93F(3)(d))	Not applicable.
Applicability of Section 93F(3)(e) of the Act	See clause 6.
Mechanism for Dispute resolution - (Section 93F(3)(f))	See clause 9.
Enforcement of this Agreement - (Section 93F(3)(g))	See clause 7 and 10.
Registration of this Agreement (Section 93H)	Not applicable.
No obligation to grant consent or exercise functions - (Section 93F(9))	See clause 16.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 20 August 2015
Time	2.00pm

Venue	Executive Team Meeting Room, Administration Building, Mullumbimby
Date	Wednesday, 26 August 2015
Time	10.30am
Committee Members	Jessica Healey – Roads and Maritime Services Snr Constable Anthony Darby – Police Cr Duncan Dey Hon Tamara Smith MP