BYRON SHIRE COUNCIL

Ordinary Meeting

 

Publicbsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 17 September 2015

       

 

13.  Staff Reports

Corporate and Community Services

13.1   Election of Deputy Mayor 2015-2016

Attachment 1.... Nomination form for the position of Deputy Mayor September 2015...................................................................................... 4

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

Attachment 1.... Information Memorandum to Byron Shire Council from Skydive the Beach................................................................. 5

Attachment 2.... Copy of SMH online article dated 28 March 2015 about skydive-the-beach-share float to raise capital to acquire Australia Skydive................................................................. 59

Attachment 3.... Skydive_The_Beach_Prospectus - acquisition of Australia Skydive................................................................................ 61

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

Attachment 2.... Sustainable Community Markets Policy for adoption........ 174

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

Attachment 1.... Minutes of the Safe Summer in the Bay PRG meeting 20 August 2015...................................................................... 182

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

Attachment 1.... Minutes of the Public Art Assessment Panel meeting 6 August 2015...................................................................... 186

Sustainable Environment and Economy

13.10 PLANNING - West Byron Development Control Plan

Attachment 1.... Draft Byron DCP 2014 - Chapter E8 West Byron Urban Release Area..................................................................... 192

Attachment 2.... Draft amendments to Part A - Preliminary of Byron Shire DCP 2014.......................................................................... 266

Attachment 3.... West Byron DCP Workshop notes 2 July 2015................. 267

Attachment 4.... Form of Special Disclosure of Pecuniary Interest............. 277

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

Attachment 1.... Proposed Plans 10.2015.196.1 - 40 Mullumbimbi Street Brunswick Heads............................................................... 279

Attachment 2.... Draft conditions 10.2015.196.1 - 40 Mullumbimbi Street Brunswick Heads............................................................... 285

Attachment 3.... Letter from Frank Stewart, Architect - 10.2015.196.1 - Additional Information........................................................ 300

Attachment 4.... Statement of Heritage Impact 10.2015.196.1 40 Mullumbimbi Street Brunswick Heads.................................................... 327

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

Attachment 1.... Letter of request from Planners North for protection works to be undertaken on Council owned land behalf Ganra Pty Ltd.......................................................................................... 345

Attachment 2.... proposed works in relation to the Belongil Estuary and Council land....................................................................... 347

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

Attachment 1.... Planning Proposal for LEP 2014 General Amendment No.2 - General Policy and Housekeeping Changes In Byron Shire.......................................................................................... 348

Attachment 2.... Form of Special Disclosure of Pecuniary Interest............. 381

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

Attachment 1.... 10.2015.214.1 - Plans of proposed development - Proposed Railway infrastructure - Bayshore Drive and Lawson Street, Byron Bay.......................................................................... 383

Attachment 2.... Conditions of consent 10.2015.214.1................................ 387

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

Attachment 1.... Notes from Public Information Sessions........................... 396

Attachment 2.... Summary of issues and comments from second public exhibition........................................................................... 399

Attachment 3.... Summary of issues and comments  from initial public exhibition........................................................................... 405

Attachment 4.... Letter from Roads and Maritime Sevices dated 1 August 2014.................................................................................. 423

Attachment 5.... Letter to applicant requesting additional traffic study........ 425

Attachment 6.... Applicant's response to request for additional traffic study 427

Attachment 7.... Letter from Henry Davis York enclosing draft Planning Agreement ........................................................................ 432

Attachment 8.... Letter from Tall Trees Care Communities ........................ 455

Attachment 9.... Form of Special Disclosure of Pecuniary Interest............. 457

Attachment 10.. Letter from Traffix to Department Planning dated 23 June 2015.................................................................................. 459

Attachment 11.. Draft Amended Planning Agreement prepared by Henry Davis York dated 31 August 2015..................................... 470

13.17 Update Coastal Zone Management Plan Byron Bay Embayment

Attachment 1.... Letter in from Office Environment and Heritage Draft Coastal Hazard Management Study Version 5 Review Comments 17 08 15................................................................................. 491        

14.  Reports of Committees  

Corporate and Community Services

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

Attachment 1.... Minutes of the Finance Advisory Committee Meeting held on 20 August 2015................................................................. 497

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

Attachment 1.... Minutes of the Internal Audit Advisory Committee Meeting held on 20 August 2015.................................................... 500

Sustainable Environment and Economy

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

Attachment 1.... Minutes of the Biodiversity and Sustainability Advisory Committee held on 6 August 2015.................................... 505

Infrastructure Services

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

Attachment 1.... Minutes of the Local Traffic Committee Meeting 26/08/15 508       

     


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services              13.1 - Attachment 1

BYRON SHIRE COUNCIL

 

 

NOMINATION FORM FOR POSITION OF

 

DEPUTY MAYOR

 

 

 

(To be delivered to the General Manager prior to the commencement of the Ordinary Council meeting to be held on 17 September 2015)

 

 

 

 

NOMINEE:       _____________________________

 

 

 

 

 

NOMINATORS :       1._____________________________

 

 

 

2._____________________________

 

 

 

 

Note:        The nomination is to be made by two or more councillors, one of whom may be the nominee.

 

 

 

 

I hereby consent to this nomination.

 

 

 

 

 

 

 

Signed: ____________________________      Date__________________

Nominee

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services              13.2 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services              13.2 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services              13.2 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services              13.2 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services              13.2 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services              13.3 - Attachment 2

 

 

 

 

 

Text Box:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BYRON SHIRE COUNCIL

 

 

 

POLICY

 

 

SUSTAINABLE COMMUNITY MARKETS

 

 

 

 

 


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              13.4 - Attachment 1

UNCONFIRMED
REPORT OF THE SAFE SUMMER IN THE BAY PROJECT REFERENCE GROUP MEETING

 

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

 

1.   SEPA as a street camping control

·    Paid parking will be introduced throughout the Byron Bay CBD in time for Christmas/ New Year. Discussion about whether SEPA would be needed/ effective. Decided it would be effective between midnight and morning outside paid parking times.

·    SEPA needs to attach to an event – the ‘event’ will be Safe Summer in the Bay.

 

Simon Richardson and Mouche Phillips arrived at 9.24am.

Brandon Saul arrived at 9.30am.

Michael O’Grady arrived at 9.35am.

 

RECOMMENDATION 5.1

 

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

(Spooner/ Jago)

 

2.   Street closure times, parking, transport issues and Butler Street Reserve

 

The following changes were discussed:

·    Close parking in front of the Byron Community Centre between Marvel and the pedestrian crossing from 6am 31/12/15.

·    Close Jonson Street from Marvel through to Byron St from 12noon 31/12/15 to allow time for stage set up.

·    Close the rest (Byron to Lawson Sts) from 1pm 31/12/15 to allow stallholders and other event set up.

·    As per last year, close Lawson St South car park from 6am with stop/go control allowing only stallholders and event personnel to park.

 

Action:

That a draft Traffic Control Plan be brought back to the next meeting (16/9) that takes into consideration:

·    Falls Festival shuttle bus pick up from Butler St side of the railway line

·    Falls Festival shuttle drop off to consider assisting to carry passengers from Soul St home to Suffolk Park area

·    Consider the traffic congestion experienced last year at Marvel/ Fletcher and Fletcher/ Lawson St intersections on NYE.

·    Consider the New Year’s Eve shuttle bus that is proposed to replace ‘Park and Ride’

·    Re Butler St Reserve, note that there will be a Farmers’ Market during the SEPA period (30 or 31/12) and a Community Market on 3rd January 2016. If paid parking is in Butler St Reserve, need to extend time to 1am on NYE.

·    Aim to have the detail of the Traffic Control Plan ready for the Local Traffic Committee meeting on 7th October.

 

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

 

The Manager Sustainable Development outlined the changes to the law around Alcohol Free Zones (in place for 4 years and applies to streets) and Alcohol Prohibition (which applies in reserves and parks). We no longer apply for alcohol prohibition each year, alcohol prohibition applies to reserves and parks all year round.

 

The law removed the fine applicable to carrying alcohol in an Alcohol Free Zone, however Police can still confiscate alcohol if they believe the person is drinking, has been drinking or is about to drink.

 

Simon Bennett, Wayne Bertram and Scott Brodie left the meeting.

 

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

 

Revenue and fundraising was discussed. Council have allocated $25,000 towards the Soul Street NYE and First Sun NYD events; Falls Festival’s contribution will be $15,000 this year. This leaves approximately a $20,000 shortfall in the budget to provide entertainment content between 5pm and 1am on NYE.

 

The aim of the ‘Making Things Happen’ program is to provide a platform for attracting financial and in-kind partnerships towards a range of Council initiatives to provide community outcomes.  This is a longer term strategic program and is integrated across a range of initiatives including laneway activation projects, youth employment creation, Byron Greeters and volunteer programs. If a partner decides to contribute towards the ‘Soul St’ or ‘First Sun’ events, the committee will certainly be notified.

 

Discussion points:

·    There is potential to sell exposure for businesses at these events.

·    There appears to be two types of audience – families and ‘fun lovers’.

·    It was felt that more success was likely be approaching high profile businesses for support (eg The Farm, Elements, Bunnings, Flohive)

 

RECOMMENDATION 5.2

 

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

(Wanchap/ Richardson)

6.     UPDATES TO PLAN FOR NEW YEAR IN BYRON BAY 2015:

A general discussion was held around various aspects of the plan. Falls Festival is being held on 31 December 2015, 1 & 2 January 2016.

Cr Wanchap mentioned she has been talking to high school students about an under 18’s event at The Cavanbah on NYE. The committee requested a detailed proposal be brought to the next meeting.

Action:

The committee requested a ‘progress report’ column be added to the Plan for New Year in Byron Bay 2015 for ease of reporting progress.

 

ACTION LIST: 

1.   That a draft Traffic Control Plan be brought back to the next meeting (16/9) that takes into consideration:

·    Falls Festival shuttle bus pick up from Butler St side of the railway line

·    Falls Festival shuttle drop off to consider assisting to carry passengers from Soul St home to Suffolk Park area

·    Consider the traffic congestion experienced last year at Marvel/ Fletcher and Fletcher/ Lawson St intersections on NYE.

·    Consider the New Year’s Eve shuttle bus that is proposed to replace ‘Park and Ride’

·    Re Butler St Reserve, note that there will be a Farmers’ Market during the SEPA period (30 or 31/12) and a Community Market on 3rd January 2016. If paid parking is in Butler St Reserve, need to extend time to 1am on NYE.

·    Aim to have the detail of the Traffic Control Plan ready for the Local Traffic Committee meeting on 7th October.

2.   The committee requested a detailed proposal about the Under 18’s event at The Cavanbah be brought to the next meeting.

3.   The committee requested a ‘progress report’ column be added to the Plan for New Year in Byron Bay 2015 for ease of reporting progress.

 

8.   date and time of meetings for the year:

16 September to be confirmed

2 – 4pm, 22 October

11am – 1pm, 12 November

9 – 11am, 3 December

Time Meeting Closed:

11:00am

 


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 10th 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.

 

IMG_2023

 

 

 

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.

 

 

 


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Draft Byron Shire

Development Control Plan 2014

 

Chapter E8

West Byron Urban Release Area

 

 

 


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Staff Reports - Sustainable Environment and Economy      13.10 - Attachment 1

Contents

 

E8.1         Introduction. 6

 

E8.2         Name and Application of this Chapter 6

 

E8.3         Land to which this Chapter applies. 6

 

E8.4         Purpose of this Chapter 6

 

E8.5         Relationship to other Plans and Policies. 8

 

E8.6         Background Information. 10

 

E8.7         Interpretation. 12

 

E8.8         Compliance with Objectives and Controls in this Chapter 13

 

E8.9         Notification of Development Applications. 13

 

E8.10       Design Principles. 13

E8.10.1       Staging Plan. 14

E8.10.2       Housing Subdivision Layout, Orientation and Diversity. 16

E8.10.3       Transport Movement and Street Hierarchy. 19

E8.10.4       Stormwater Water Management 22

E8.10.5       Biodiversity, Vegetation Management and Landscaping. 24

E8.10.5.1        Biodiversity and Vegetation Management 24

E8.10.5.2        Landscaping. 28

E8.10.6       Public Facilities, Services and Infrastructure. 29

E8.10.7       Recreational Areas. 31

E8.10.8       Hazards and Constraints. 33

E8.10.8.1        Flooding. 33

E8.10.8.2        Acid Sulfate Soils. 34

E8.10.8.3        Groundwater 35

E8.10.8.4        Bushfire. 35

E8.10.8.5        Odour 37

E8.10.8.6        Contamination. 38

E8.10.8.7        Mosquitoes. 38

E8.10.8.8        Buffer to Ewingsdale Road. 39

E8.10.9       Aboriginal Cultural Heritage. 42

E8.10.10     Urban Design of Significant Sites and Higher Densities. 42

E8.10.10.1      West Byron Village Centre Precinct 42

E8.10.10.2      Neighbourhood Business Area. 44

E8.10.10.3      Residential Areas. 48

E8.10.10.4      Industrial Area. 65

E8.10.11     Development in the E3 Zone. 67

E8.10.12     Tourist and Visitor Accommodation in the Residential R2 and R3 Zones and the
B1 Zone
. 67

 

 

 

 

 

 

 

 

 

Appendices

 

Appendix A  – Staging Plan. 68

Appendix B – Concept Plan. 69

Appendix C – WSUD Street Tree with Pit 70

Appendix D – Typical Road Cross Sections (Not to scale) 71

Appendix E – Typical Driveway Access across Swales (Not to Scale) 72

Appendix E – Typical Driveway Access across Swales (Not to Scale) 72

Appendix F – Typical Stormwater House Connection (Not to Scale) 73

 

 

Figures

 

Figure E8.1 - Land to which this Chapter applies. 7

Figure E8.2 Alignment of Subdivision Lots. 17

Figure E8.3 Street Parking for Small Lots. 19

Figure E8.4 Typical Road Verge with Swale and Footpath. 20

Figure E8.5 Road and parking design combined with vacant small lot subdivision. 22

Figure E8.6 General Habitat Corridors to be Strengthened. 27

Figure E8.7 Street Tree Landscaping 29

Figure E8.8 Example of exercise equipment on soft fall material 31

Figure E8.9 Examples of playground equipment 33

Figure E8.10 Predicted 2 Odour Unit Contour for Poultry Processing Plant 37

Figure E8.11 Landscape Buffer and Acoustic Barrier to Ewingsdale Road. 41

Figure E8.12 Planning Principles for the West Byron Village Centre Precinct 43

Figure E8.13 Example of a green wall 46

Figure E8.14 Example of Cafe opening onto a park area. 47

Figure E8.15 Examples of Various Building Elements against Planning Controls 2, 3, 4 and 8. 62

Figure E8.16 Examples of Various Building Elements against Planning Controls 11. 63

Figure E8.17 Photo Plates – Examples of Various Building Elements
against Planning Controls
. 64

 

 

Tables

 

Table E8.1 Relevant Provisions of the Byron Shire DCP 2014. Error! Bookmark not defined.

Table E8.2 State Significant Site Study – Technical Studies. Error! Bookmark not defined.

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. Error! Bookmark not defined.

 

 


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E8.1         Introduction

This development control plan (DCP) chapter provides a framework to guide the future development of West Byron. The document specifies subdivision, built form, environmental protection and other controls to achieve the vision for West Byron Bay.

 

E8.2         Name and Application of this Chapter

This plan is called Chapter E8 West Byron Bay Urban Release Area and will amend Byron Shire DCP 2014. It has been prepared pursuant to the provisions of Section 74C of the Environmental Planning and Assessment Act 1979 (the Act).

 

E8.3         Land to which this Chapter[j1]  applies

This Chapter applies to land identified under Part 4 West Byron Bay Site of Byron Local Environmental Plan 1988. The site location is shown below in Map E8.1 – West Byron Urban Release Area Map

 

E8.4         Purpose [j2] of this Chapter

The purpose of this chapter is:

1.    To establish the planning, design and environmental objectives and guidelines against which the consent authority will assess future development applications.

2.    To communicate site specific controls for the site relating to urban design, mitigation of environmental impacts, protection of biodiversity and management of environmental hazards.

3.    To promote high quality urban design outcomes for the site within the context of environmental, social and economic sustainability.

 


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Figure E8.1 - Land to which this Chapter applies


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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

 

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

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 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

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

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 Biodiversityvegetation Conservation Management Plan, including identified sub- plans, is prepared and approved to minimiseminimize 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)    http://www.teslamotorsclub.com/attachment.php?attachmentid=43942&d=1393127035Public 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.  

 

DSCF7945DSCF7871

 

 

 

 

 

 

 

 

 

 

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

Figure E8.11 Landscape Buffer and Acoustic Barrier to Ewingsdale Road


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.

http://3.bp.blogspot.com/-lTjc7EjSQfw/UF_U8-qcjmI/AAAAAAAAKs8/sazITSebRi4/s640/west+end.005.png

 

 

 

 

 

 

 

 

 

 

 

 

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 1

Controls 2, 3, 4 and 8 – Compliant housing in terms of setbacks to primary and secondary streets, lanes, garage frontage and articulation zones.

 

Control 2 - Example of Battleaxe housing showing manoeuvring area for vehicles

 

1 metre max

 

Control 8 - Example of articulation zone for a dwelling house

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Figure E8.15 Examples of Various Building Elements against Planning Controls 2, 3, 4 and 8 in Table E8.3

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.10 - Attachment 1

 

Control 11 - Example of Mews Style development with car parking off rear public lane and all dwellings overlooking central courtyard area. Removes need for individual driveways and providing more open space area/ common area for landscaping, gardens etc.   Drawing Not to scale)

 

Control 11 - Example of Mews Style development with car parking off shared central driveway with reciprocal rights of carriageway from rear lane. Removes the need for individual driveways to each dwelling and house frontages not dominated with garages. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Figure E8.16 Examples of Various Building Elements against Planning Control 11 in Table E8.3


 

Figure E8.17 Photo Plates – Examples of Various Building Elements against Planning Controls in Table E8.3

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.10 - Attachment 1

E8.10.10.4      Industrial Area

 

Approximately 7.5 hectares of the West Byron Site is zoned IN2 Light Industrial. The IN2 Zoned land sits opposite the Byron Bay Industrial Estate to the north and residential land to the east. For specific development guidelines for construction of factory units in this area, applicants are directed to Chapter D5 Industrial Development within DCP 2014. The following controls though apply to the subdivision design and development of the land Zoned IN2.

 

Objectives

1.     To ensure the subdivision layout and design facilitates a wide range of light industrial and warehouse uses and employment opportunities.

2.     To provide industrial land that is of a size, shape and area to cater for a range of light industrial and other permissible uses that are suitably serviced with necessary infrastructure.

3.     To ensure development presents to the main spine road and is sympathetic to surrounding residential area.

 

Performance Criteria

1.      Access roads are designed to facilitate the movement of large vehicles.

2.      Lot sizes meet minimum requirements to facilitate safe manoeuvring onsite for delivery trucks.

3.      Lots are serviced with all necessary infrastructure.

4.      Suitable setbacks, built form and landscaping are provided within the design of industrial development to make a positive contribution to the streetscape including Ewingsale Road.

5.      Development be designed and sited to minimise land use conflicts with surrounding residential development. 

 

Prescriptive Measures

1.      A single DA be submitted to Council for the initial subdivision of the IN2 Zoned Land presenting an integrated proposal for the road and allotment layout, based on potential industries seeking industrial land in Byron Bay. Details to be provided with the development application. 

2.      Access roads through the IN2 Zoned land to be of a suitable width to accommodate articulated vehicles plus on street parking.

3.      A minimum of twenty five (25%) percent of lots are to be designed with an appropriate area and width to enable Articulated Vehicles to enter and leave in a forward direction.

4.      In addition to normal infrastructure required by Council, lots to be provided with telecommunication infrastructure to facilitate connection to the National Broadband Network.

5.      Development fronting the main spine road to include the following design features

a)    Industrial development fronting the main spine road to be designed to address the street with a mixture of facade treatments, landscaping and pedestrian access. Two storey frontages are to be appropriately articulated through the use of different building materials including glass, masonry steel and timber elements and changes in setbacks. Large blank walls facing the main spine road will not be supported and screening of poorly designed buildings with vegetation is not an acceptable streetscape treatment.

b)    A minimum setback of 5 metres to apply to the Spine Road which is to be suitably landscaped in accordance with B9 of DCP 2014. For corner lots on the spine road this can be reduced to 3 metres.

c)     Private Access from the Spine Road to be generally limited and consideration to be given to the creation of large lots along this frontage with shared access points, rear lane/ secondary street access, or a slip lane combined with car parking and landscaping to the Spine Road.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure E8.13 Examples of access from the Spine Road fronting the IN2 Zone.

6.      Industrial development adjacent to Ewingsale Road to be setback a minimum of 10 metres from this boundary and appropriately screened with native trees and vegetation. This setback can be varied down to 3 metres where other alternatives are utilised in the facades of buildings along this boundary including use of green walls, mix of building materials including glass wall and upper level windows, and articulation or variation in building alignment. 

7.      A minimum 10 metre wide vegetated buffer to be provided between the IN2 and R2 Zones unless separated by a public road.  The buffer to be suitably landscaped with native species in accordance with Chapter B9 of DCP 2014. A Landscape plan to be submitted with the development application for subdivision.

8.      Development within the Industrial Zone to be designed and sited to minimise potential land use conflicts with surrounding adjoining residential uses. Where required noise attenuation to be provided within industrial units or on the boundary to ensure compliance with the relevant EPA guidelines for industrial noise. 

9.      Any retail uses to be in accordance with Byron LEP 1988 and Clause 87(4) as required. Such uses to be subservient to retail uses within the B1 Zone so as not to undermine the function and hierarchy of this zone. Consideration be given to the installation of a takeaway food shop and drink premises in a central location within the IN2 Zone to serve the needs of workers in the industrial estate. (N.B Restaurants and cafes are prohibited in the IN2 Zone)

10.    Large car parking areas of 20 spaces or more to consider the installation of an electric vehicle charging station. (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)

11.    All development to be connected to the dual reticulation water supply for non potable water. From this supply a minimum of one external tap to be provided for the watering of landscaping and a minimum of one internal tap provided for the flushing of toilets with each industrial unit. 

12.    Development in the IN2 Zone not covered by the above provisions, is to comply with Chapter D5 of Byron DCP 2014.

 

Note: For design specification please refer to the Northern Rivers Local Government Development and Design Manual and Chapters B3 and B4 of DCP 2014.

E8.10.11      Development in the E3 Zone 

 

A small part of the West Byron site has been zoned E3 in the South west corner and along two drainage lines in the eastern half of the site. A minimum lot size of 40ha applies to subdivision and it is not envisaged any additional dwelling entitlements will be created in the E3 Zone.

 

Development opportunities in the E3 Environmental Management Zone are restricted by the permitted uses listed in the zoning table under Byron LEP 1988. Many of these uses are covered in part in other sections of DCP 2014, whereby specific controls apply to development’s such as bed and breakfast establishments, eco-tourist facilities, dual occupancies, dwelling houses, farm stay accommodation and camping grounds. Accordingly no specific controls are drafted for the E3 Zone and applicants are directed to other relevant chapters within the DCP 2014.

 

E8.10.12      Tourist and Visitor Accommodation in the Residential R2 and R3 Zones and the B1 Zone

 

Bed and Breakfast Establishments are permissible with consent in the R2 and R3 Zone and Serviced Apartments are permissible with consent in the R3 Zones only, whilst only Hotel and Motel Accommodation is permitted in the B1 Zone. Applicants are directed to the planning controls under Byron DCP 2014 including Chapter D3 Tourist Accommodation.

 

Note: Other forms of tourist and visitor accommodation, including holiday letting of a dwelling or a dwelling house are prohibited in the R2, R3 and B1Zones.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.10 - Attachment 1

Appendix A     - Staging Plan


Appendix B – Concept Plan

Main drain

Existing development

 


Appendix C – WSUD Street Tree with Pit

Text Box: Source: Brisbane City Council


Appendix D – Typical Road Cross Sections (Not to scale)

 
Appendix E – Typical Driveway Access across Swales (Not to Scale)

 


Appendix F – Typical Stormwater House Connection (Not to Scale)

 

Text Box: Source: Brisbane City Council 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.10 - Attachment 2

 

Draft Amendments to Part A – Preliminary of Byron Shire Development Control Plan 2014

 

1.         Amend Section A5 to Read

 

A5             Where This DCP Applies

 

This plan applies to the land to which Byron LEP 2014 applies and land identified under Part 4 - West Byron Bay Site of the Byron Local Environmental Plan 1988. This Plan applies to all categories of ‘development’ as defined within the Environmental Planning and Assessment Act 1979 and as addressed within the various Chapters of this Plan.   

 

 

2.         Amend Appendix A1 – Dictionary by inserting the following additional definitions

 

Dual key – Means an internal door linking two attached dwellings together. The door needs to be a suitably designed and constructed fire door as per the Building Code of Australia. Dual key arrangements maybe considered suitable for dual occupancy, secondary dwelling and attached dwelling housing arrangements where the housing is on one lot. 

Integrated Housing Means the subdivision of land into three or more lots and the erection of a dwelling (attached or semi attached) or dwelling house on each lot as per clause 83 of Byron LEP 1988.

Small Lots – means vacant residential lots less than 350m2 in area

 

3.         Make any other adjustments to Part A where required to reference the West Byron Bay Site under Part 4 of Byron Local Environmental Plan 1988. 


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:

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

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:

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.

Incorporate landscaping that screens car parking and complements the buildings

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

avoid on street car parking

integrated and low maintenance landscaping- green walls

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

pipe option

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

Important to get it right at subdivision stage

Need Diagrams

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

Car sharing

Check “Habitat” development in Bayshore Drive

Investigate common car park ideas

Mews style lots

·    Water

Incentives for water harvesting

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

Larger common water tanks – in residential precincts

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

·    Co-operative Housing

Possibility for Seniors housing

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?

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

Also providing buffers and habitat links/ corridors

·    Sustainability

Longevity of dwellings and building materials

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

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

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

roof orientation important for solar collectors (hot water etc)

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

Open space

Road works eg bypass

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

Link to Traffic Study(s) for Byron Bay?

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

·    Baseline Data and Monitoring – Water Quality

As development Proceeds monitoring required

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 

Pedestrians

Wildlife

·    Amendment to LEP/ New LEP  Controls

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

DCP provisions cant override LEP controls

·    Filling

Need a fill plan

Filling should be limited

·    Innovative use of materials

Recycled

New age materials

longevity of materials

·    Adaptable Housing

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

Dual Key idea for housing

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.10 - Attachment 4

Local Government (General) Regulation 2005


Schedule 3A    Form of special disclosure of pecuniary interest

(Clause 195A)

Local Government Act 1993

Form of Special Disclosure of Pecuniary Interest

1 The particulars of this form are to be written in block letters or typed.

2 If any space is insufficient in this form for all the particulars required to complete it, an appendix is to be attached for that purpose which is properly identified and signed by you.

Important information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993. You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Pecuniary Interest and Disciplinary Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

Special disclosure of pecuniary interests

by ____________________________________________________________________________________

         [full name of councillor]


in the matter of __________________________________________________________________________

                   [insert name of environmental planning instrument]


which is to be considered at a meeting of the

 

______________________________________________________________________________________

[name of council or council committee (as the case requires)]


to be held on the  _________________ day of __________________________ 201 

 

 

Pecuniary interest

Address of land in which councillor or an  associated person, company or body has a proprietary interest (the identified land)

 

 

 

 

 

 

 

Relationship of identified land to councillor

[Tick or cross one box.]

Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

Associated person of councillor has interest in the land.

Associated company or body of councillor has interest in the land.

Matter giving rise to pecuniary interest

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land)

[Tick or cross one box]

The identified land.

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

 

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

 

Effect of proposed change of zone/planning control on councillor

[Insert one of the following:

“Appreciable financial gain” or

“Appreciable financial loss”]

 

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]

_____________________________

Councillor’s signature

_____________________________

Date

 

 

[This form is to be retained by the Council’s general manager and included in full in the minutes of the meeting]


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.11 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.11 - Attachment 1

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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

(c)     stating that unauthorised entry to the work site is prohibited.

 

(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.

 

NOTEThe 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:

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.

d)               

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

 

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/

 

 

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      13.11 - Attachment 3

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Staff Reports - Sustainable Environment and Economy      13.11 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.11 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.11 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.11 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.11 - Attachment 3

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Staff Reports - Sustainable Environment and Economy      13.11 - Attachment 4

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.13 - Attachment 1

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Staff Reports - Sustainable Environment and Economy      13.13 - Attachment 1

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Staff Reports - Sustainable Environment and Economy      13.13 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy      13.14 - Attachment 1

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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 300m2 MLS 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 m2 MLS 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