BYRON SHIRE COUNCIL

Ordinary Meeting

 

Publicbsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 29 October 2015

 

10.  Petitions

10.1   Paid Parking - Impact on Byron Bay Public School Staff and Community

Attachment 1... Petition from Byron Bay Public School - Paid Parking petition (523 signatures)   4       

 

13.  Staff Reports

Corporate and Community Services

13.1   Draft Amended Policy - Mayor and Councillors Payment of Expenses and Provision of Facilities

Attachment 1... Draft amended Mayor and Councillors Payment of Expenses and Provision of Facilities Policy........................................................................................ 28

13.4   Report of the Safe Summer in the Bay PRG meeting 16 September 2015

Attachment 1... Minutes of Safe Summer in the Bay PRG meeting 16 September 2015 46

Attachment 2... Plan for New Year in Byron Bay 2015 - Progress report 10-9-15........... 48

13.5   Draft 2014/2015 Financial Statements

Attachment 1... Draft 2014/2015 General Purpose Financial Statements........................ 60

Attachment 2... Draft 2014/2015 Special Purpose Financial Reports............................ 148

Attachment 3... Draft 2014/2015 Special Schedules...................................................... 166

Attachment 4... Draft Audit Report 2014/2015 General Purpose Financial Statements 191

Attachment 5... Draft Audit Report 2014/2015 Special Purpose Financial Statements. 193

Attachment 6... Draft Long Form Audit Report 2014/2015............................................. 195

Sustainable Environment and Economy

13.6   PLANNING - DA 10.2014.743.1 - Proposed five (5) lot into three (3) lot consolidation, two boundary adjustments, strata subdivision of multi dwelling housing, construction of thirty (30) townhouses and detached dual occupancy over four (4) stages at 2 Kulgun Court Ocean Shores

Attachment 1... Proposed plans prepared by Planit Consulting, Leisure Brothers, geotech report prepared by shaw urquhart consulting, noise impact assessment prepared by CRG, Letter from RMS, driveway access S138 approval dated 25/8/15....... 212

Attachment 2... Proposed conditions of consent DA 10.2014.743.1 2 Kulgun Court Ocean Shores............................................................................................................... 340

13.7   PLANNING - Section 82A Application to review the refusal of Development Application No. 10.2014.742.1 for a Motel Development at 33 Lawson Street Byron Bay.

Attachment 1... Report to Ordinary meeting of Council 21/5/15..................................... 369

Attachment 2... Proposed Plans S82A Review  - DA 10.2014.742.1............................. 393

Attachment 3... Draft Conditions of Development Consent - DA 10.2014.742.1........... 397

13.8   Place Activation Plan (Masterplan) for Mullumbimby and Bangalow

Attachment 1... Draft Nambour Activation Plan and Action Sheets............................... 416

Attachment 2... Draft Bangalow DCP - Issues raised during consultation with the Community in May 2015 that are outside the scope of the DCP and could be considered in a Masterplan for Bangalow....................................................................... 442

13.9   PLANNING - Rural Land Strategy – Site Suitability Criteria & Mapping Methodology

Attachment 1... Draft Rural Land Use Strategy - Site Suitability Criteria and Mapping Methodology............................................................................................................... 443

Attachment 2... Form of Special Disclosure of Pecuniary Interest................................. 469

13.10 Adoption of the Scores on Doors program

Attachment 1... Ordinary Meeting 29 October 2015 Attachment 1: Scores on Doors case studies and example Scores on Doors certificate............................................. 471

13.11 PLANNING 10.2015.196.1 (Redesign of proposed development) at 40 Mullumbimbi Street Brunswick Heads

Attachment 1... Letter from Frank Stewart amended plans, Arboricultural Impact Assessment Report.................................................................................................... 476

Attachment 2... Report Ordinary Council 17/9/15 10.2015.196.1................................... 497

Attachment 3... Amended conditions 10.2015.196.1 40 Mullumbimbi Street Brunswick Heads     525

13.13 PLANNING - 26.2015.6.1 Amendment Byron LEP 1988 - West Byron

Attachment 1... Draft Planning Proposal - Amendment to Byron LEP 1988 - West Byron Bay     540

Attachment 2... Email from Department of Planning & Environment............................. 579

Attachment 3... Letter from Landowners in support ....................................................... 581        

14.  Reports of Committees  

Corporate and Community Services

14.1   Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 19 August 2015

Attachment 1... Minutes of the Arakwal (MoU) Advisory Committee Meeting held on 19 August 2015....................................................................................................... 583

Sustainable Environment and Economy

14.2   Report of the Biodiversity and Sustainability Advisory Committee Meeting held on 1 October 2015

Attachment 1... Minutes 01/10/2015 Biodiversity and Sustainability Advisory Committee 587


 

Infrastructure Services

14.3   Report of the Water, Waste and Sewer Advisory Committee Meeting held on 8 October 2015

Attachment 1... Minutes 08/10/2015 Water, Waste and Sewer Advisory Committee.... 590

Attachment 2... Memo Myocum Quarry Landfill ........................................................... 594

Attachment 3... Myocum Landfill Leachate Management.............................................. 595

Attachment 4... New Byron Central Hospital Sewer Rising Main Plan........................... 601       

 


BYRON SHIRE COUNCIL

Petitions                                                                                                              10.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.1 - Attachment 1

 

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

 

 

BYRON SHIRE COUNCIL

 

 

POLICY NO. 15/xxx

 

 

 

 

MAYOR AND COUNCILLORS

 

PAYMENT OF EXPENSES AND
PROVISION OF FACILITIES

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.1 - Attachment 1

 

INFORMATION ABOUT THIS DOCUMENT

Date Commenced

29 March 1994

Policy Responsibility

Corporate and Community Services

Date Adopted

29 March 1994

Resolution No,

 

Review Timeframe

Within 5 months at the end of each year

 

 

Last Review Date:

August 2014

Next Review Date

July 2015

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

 

24/9/96

 

 

5/3/04

Res No. 04-166

#541785

27/9/05

Res No. 05-684

#606871

14/11/06

Res No. 06-730 adopted 28/6/07 07-342

#705189

27/9/07

Res No. 07-511

#754283

24/4/08

Res No. 08-252 placed on exhibition (#760664)

#779620

31/8/08

Res No. 08-525 adopted

#790811

 

Come into effect 13/9/08

#779666

28/8/08

Res No. 08-525

#790824

 

Placed on public exhibition

#805632

27/11/08

Res No 08-727

#815079

27/11/08

Res No 08-727 (adopted after exhibition)

#906057

13/8/09

Res No. 09-634 (adopted after exhibition – no submissions)

#942479

 

Amended in accordance with DLG Guidelines 09-36

#942479

7/10/10

Res No. 10-799 placed on exhibition (#942479)

#1057179

10/02/11

Res No. 10-1110 adopted 10/02/11 Res No. 11-14

#1069432

16/3/11

Res No. 10-1110 adopted 10/2/11 Res No. 11-14 Typo changes – ref Clauses

#1120094

25/8/11

Reported to Council for advertising 8/9/11 to 6/10/11.

#1151504

7/10/11

Adopted after close of exhibition see Res 11-648 – no submissions received

#1184365

9/1/12

Updated Page 3 and 7 of 14 - referencing Clauses

#E2012/7649

9/8/12

Adopted after close of exhibition period see Res 12-602 – no sub received

#E2013/48106

29/8/2013

Reported to Council for advertising #E2013/48057

#E2013/72869

 

Created with incorrect Policy No.

E2013/74016

7/11/13

Adopted after close of exhibition period – no sub received Res No. 13-411

E2014/46393

7/8/2014

Reported to Council for advertising E2014/46307

E2014/53161

12/8/2014

Amended for exhibition as per Res No. 14--378

E2014/61952

17/9/2014

Adopted after close of exhibition – no submissions received

E2015/45197

27/8/2015

Draft amended  reported to Council I2015/718

Further Document Information and Relationships

Related Legislation

Local Government Act 1993 Sections 23a 252, 253 254
Local Government (General) Regulation 2005
DLG Guidelines Circular 08/24 Misuse of council resources
DLG Guidelines Circular 08/37 Council decision making prior to ordinary elections
DLG Guidelines Circular No. 09/36 Release of Revised Councillor Expenses and Facilities Guidelines
www.dlg.nsw.gov.au
ICAC Publication “No Excuse for Misuse, preventing the misuse of council resources (Guidelines 2)” November 2002
www.icac.nsw.gov.au

Related Policies

Model Code of Conduct www.byron.nsw.gov.au

Light Motor Vehicle Fleet #978485

Related Procedures/ Protocols, Statements, documents

Email Communications Procedure #664764

Procedures Light Motor Vehicles

·       Fees& Charges and Makes and Models #1037783

·       General Terms of Use  #1037780

·       Size of Fleet, Type of Vehicles & Allocation of Vehicles and Permitted Uses  #1037773

Councillors Allowances Claim Form E2013/42853 – Last Updated 01/07/2014


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.1 - Attachment 1

 

TABLE OF CONTENTS

1.         INTRODUCTION............................................................................................................. 1

2.         OBJECTIVES................................................................................................................... 1

3.         FIXING AND PAYMENT OF ANNUAL FEES............................................................... 1

4.         GENERAL CONDUCT.................................................................................................... 2

5.         TRAVEL EXPENSES/PROVISIONS.............................................................................. 2

6.         PAYMENT OF EXPENSES (MONETARY LIMITS)..................................................... 3

7.         FACILITIES FOR MAYOR AND COUNCILLORS........................................................ 3

7.1.     Mayor....................................................................................................................... 3

7.2.     Deputy Mayor and Councillors................................................................................ 4

7.3.     Acquisition and return of facilities and equipment by Mayor and Councillors........ 7

8.         ATTENDANCE AT CONFERENCES, SEMINARS AND TRAINING......................... 7

8.1.     Who may attend conferences, seminars and training............................................. 7

8.2.     What Conferences and Seminars may be attended............................................... 7

8.3.     Training and Development...................................................................................... 8

8.4.     Guidelines for Authorisation..................................................................................... 8

8.5.     Reporting requirements following Councillor and Mayor’s attendance at the Conference, Seminar or Training.................................................................................................................... 9

8.6.     Registration.............................................................................................................. 9

8.7.     Travel Expenses Incurred....................................................................................... 9

8.8.     Accommodation.................................................................................................... 10

8.9.     Out of Pocket Expenses Incurred......................................................................... 10

8.10.  Payment In Advance............................................................................................. 10

8.11.  Overseas Conferences/Seminars etc................................................................... 10

9.         WHERE EXPENSES MAY NOT BE USED................................................................. 10

10.      PAYMENT OF EXPENSES FOR Spouse/Partner or
Accompanying Person
........................................................................................ 11

10.1.  Payment of expenses for Spouse/Partner or Accompanying Person
at Conferences...................................................................................................... 11

10.2.  Payment of expenses for Spouse/Partner or Accompanying Person at
Official Council Functions..................................................................................... 11

11.      INSURANCes................................................................................................................ 12

11.1.  Personal Accident Insurance................................................................................. 12

11.2.  Professional indemnity.......................................................................................... 12

11.3.  Public Liability........................................................................................................ 12

11.4.  Statutory Liability................................................................................................... 12

11.5.  Councillors and Officers Liability........................................................................... 12

12.      Claims Procedure................................................................................................. 13

13.      DISPUTE RESOLUTION PROCESS........................................................................... 13

14.      GIFTS AND BENEFITS................................................................................................ 13

15.      LEGAL EXPENSES AND OBLIGATIONS.................................................................. 13

16.      REFERENCE TO COUNCILLOR................................................................................. 14

Annexure A – AllOWANCE CLAIM FORM................................................................... 15

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.1 - Attachment 1

 

Policy No: 15/xxx

 

POLICY TITLE           

MAYOR AND COUNCILLORS payment of EXPENSES AND PROVISION OF FACILITIES

 

1.    INTRODUCTION

Under the Local Government Act 1993 including Section 252 to 254, requires that the Council must adopt a policy concerning the payment of expenses and the provision of facilities to the Mayor and other Councillors.

Section 428(2)(f) requires a council to include in its Annual Report:

 

1.1.    Total amount of money expended during the year on providing those facilities and paying those expenses.

1.2.    Council’s policy on the provision of facilities for, and the payment of expenses to Councillors.

1.3.    The payment of Councillors’ expenses, together with a statement of the total amount of money expended during that year on the provision of such facilities and the payment of such expenses.

Section 12 provides that the public is entitled to inspect the Council’s policy concerning the payment of expenses incurred by, and the provision of facilities to Councillors, free of charge, and may obtain a copy, either free of charge or on payment of reasonable copying charges.

 

This policy should be read in conjunction with Council’s Code of Conduct, Policy 1.8, in particular, Clause 8 – Personal Benefit, and Clause 10 – Access to Information and Council Resources, DLG Circular 08/24 – Misuse of Council resources and DLG Circular 08/37 – Council decision making prior to ordinary elections.

 

2.    OBJECTIVES

To ensure the Mayor and Councillors and/or appointed Administrators of Byron Shire Council are:

2.1.    reimbursed for reasonable and appropriate expenses incurred in the performance of their civic duties.

 

2.2.    provided with a range of facilities to assist in the discharge of their civic duties.

 

3.    FIXING AND PAYMENT OF ANNUAL FEES 

The Councillors annual fees do not fall within the scope of this Policy.  See Local Government Act 1993 Section 248 - Fixing and payment of annual fees for Councillors and Section 249 - Fixing and payment of annual fees for the Mayor.

 

4.    GENERAL CONDUCT

 

Councillors must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out their function under the Local Government Act or any other Act.  This is required under Section 439 of the Local Government Act and reinforced in Council’s adopted Code of Conduct made under Section 440 of the Act.

 

5.    TRAVEL EXPENSES/PROVISIONS

5.1.    Councillors are entitled to claim “mileage” allowance for use of private vehicles when used to travel (including return) between their place of residence or employment, utilising the most direct route possible, subject to the Councillor’s private vehicle being currently registered and covered by Compulsory Third Party Insurance:-

 

5.1.1.   To attend Council or Committee or Sub-Committee meetings and appointments at the Council Chambers, Council’s Training Rooms, Depots and Halls/Community Centres for Council business;

5.1.2.   Inspections within the Council’s area undertaken in compliance with a resolution of the Council if for good reason they are unable to use transport when provided by Council;

5.1.3.   Attending public meetings convened by the Council;

5.1.4.   Individual or personal inspections of any site within Council’s area listed on the current Council Meeting Agenda, if for good reason they are unable to use transport when provided by the Council;

 

5.1.5.   To and from the periodical conferences and seminars as stated in Clause 8.

5.1.6.   To attend Council Regional Committee of Sub- Committee meetings.

5.1.7.   To attend any other official Council events, functions, meeting and public information sessions.

 

5.2.    Reimbursement will be paid at the current rate of the “mileage” allowance set by the appropriate Local Government Industrial Award from time to time.

 

5.3.    All vehicle allowance claims to be made in accordance with the Claims Procedure at Section 12.

5.4.    Costs of traffic or parking fines incurred whilst travelling in private or Council vehicles on Council business are the responsibility of the driver.

5.5.    Councillors unable or unwilling to drive to any Council business, as stated in 5.1.1 to 5.1.6, and if Council is unable to provide transport to the Council business, may use public transport or taxis utilising the most direct route possible which costs will be reimbursed by Council.

 

6.    PAYMENT OF EXPENSES (MONETARY LIMITS)

6.1.    No annual, monthly or daily allowance or expense type allowance payment will be payable in any circumstance.

6.2.    Monetary limits applying to this policy include:

6.2.1.   Carer’s expenses Mayor and Councillors maximum $3,000 (total for all Councillors including Mayor) per annum

6.2.2.   Fixed and Mobile charges for: voice calls, data services, telephone/mobile line/handset rental

a)       Mayor - $235 per month maximum
b)       Councillor - $200 (per Councillor) per month maximum

6.2.3.   Computer hardware (including laptops, tablets and smartphones), printer, software and services

Mayor and Councillors

a)    maximum of $2,700 (per Mayor/Councillor) in the first year only for term of office, for initial purchase of equipment, software licenses and line installation as deemed necessary for business paper distribution, to work with documents supplied by Council and for communications.

b)    maximum of $1,000 (per Mayor/Councillor) in the either the second or third year of office, for purchase of equipment, software licenses and line equipment for the purposes stated in a) above;

c)    maximum of $1,000 (total for all Councillors including Mayor) per annum for consumables and protective covers or carry case for equipment purchased.

d)    maximum of $2,000 (total for all Councillors including Mayor) per annum for services (backup support) provided by hardware supplier/local providers.

6.2.4.   Out of Pocket Expenses associated with attending conferences, seminars or training, maximum $100 per day

 

6.3.    Reimbursement of expenses must be made in accordance with the Claims Procedure at Clause 12.

7.    FACILITIES FOR MAYOR AND COUNCILLORS

7.1.    Mayor

In addition to those facilities provided to the Councillors in 7.2, the Mayor is entitled to receive the benefit of:

7.1.1.   The use of a Council vehicle for official and private use by the Mayor and that the Mayor be required to pay to Council an appropriate rate per kilometre for his/her private use of the vehicle. 

a)    The vehicle is provided in accordance with Council’s adopted Policy Light Motor Vehicle Fleet and associated procedures being:

i)     Light Motor Vehicle -Fees & Charges and Makes and Models

ii)         Light Motor Vehicle – General Terms of Use.

iii)    Light Motor Vehicle – Size of Fleet, Type of Vehicles and Allocation of Vehicles and Permitted Uses

b)    The vehicle be made available by arrangement with the Mayor for official Council business;

 

c)    An allotted parking space at the Council’s Administration building.

d)    The vehicle be returned to Council after completion of his/her term of office, extended leave of absence or at the cessation of his/her civic duties.

 

7.1.2.   A furnished office for civic duties provided in Council’s Administration Building;

7.1.3.   Secretarial services relating to the discharge of his or her civic functions;

7.1.4.   Administrative assistance associated with civic functions, meetings and the like;

7.1.5.   Office refreshments;

7.1.6.   Provision of a Mastercard with Council’s preferred banking institution to the value of $5,000 (see Claims Procedure at Clause 12) Note: All expenditure on the credit card must be in accordance with the provisions of the Policy and is not for private use.

7.2.    Deputy Mayor and Councillors

The Councillors, including the Deputy Mayor are to receive the benefit of:-

7.2.1.   Access Provisions – Appropriate provisions will be made for sight or hearing impaired councillors or those with any other disability.

7.2.2.   Business cards - using Council’s Logo;

7.2.3.   Carer Expenses – Council will reimburse the reasonable costs of carer arrangements, including childcare expenses and care of the elderly, disabled and/or sick immediate family members of Councillors, to allow Councillors to undertake their Council business obligations.

Note:

i)      Reimbursement of reasonable costs will only be available to enable the Councillor’s attendance at essential Council activities and will be the subject of a separate application by the affected Councillor in each instance, for determination by the General Manager.

ii)     Child/dependant care expenses are not to be reimbursed if the care is provided by a relative of the Councillor who ordinarily resides with the Councillor.  A ‘relative’ is defined as a spouse, defacto partners, parent, son, daughter, brother, sister or grandparent.

iii)    Childcare will only be provided to children of the Councillor up to an including the age of 16 years.

iv)    After approval, Council will reimburse actual expenses incurred by Councillors in this regard upon submission of a claim (in line with the Claims Procedure at Clause 12) supported by receipts and details of the activity attended.  The maximum entitlement for such expenses in accordance with the monetary limits set at 6.2.1.

7.2.4.   Computer – Council will reimburse the cost of a laptop computer and other forms of electronic services as deemed necessary for business paper distribution and communications, as per Clause 6.2.3.

7.2.5.   Computer Software – Council will reimburse the cost of appropriate software to work with documents supplied by Council and other generally available file formats, as per Clause 6.2.3.

7.2.6.   Computer Training - Training to be arranged through local providers.

7.2.7.   Computer Support Provided by hardware supplier/local providers in accordance with monetary limits set in 6.2.3 c).

 

7.2.8.   Electoral Roll - a copy (free) of whole Council area.

7.2.9.   Email Address - Councillor emails are to be in the format:

firstname.lastname@cr.byron.nsw.gov.au

Council’s IT department will arrange the set up of this domain.

7.2.10. Fax/Printing Equipment

a)    Council will reimburse the purchase cost of a multi-function fax/printer/ scanner for use at place of residence or business.

b)    Maintenance/servicing and consumables to be provided by external providers and the costs to be reimbursed by Council.

c)    Monetary limits are in accordance with Clause 6.2.3.

 

d)    The fax number is to be provided to the public.

 

7.2.11. Filing - Up to a four (4) drawer filing cabinet and associated equipment to be used in place of residence.

7.2.12. Internet - fixed or mobile
Council will meet the cost of Internet (data) charges, fixed or mobile (as required) involved in the conduct of Council business, as per Clause 6.2.2.

7.2.13. Line, Installation and Costs -  The Council shall:-

a)    Meet the initial cost of installation, where necessary, of the equipment in the residence of the Councillor, including one (1) additional extension point for an existing phone line or one (1) separate point for a dedicated line.

b)    Meet the cost of any maintenance/servicing of the equipment including any service call charge.

c)    After initial set up costs for telephone lines, internet broadband and fax, the maximum payable by Council to enable Councillors to conduct their civic duties will be as stated in Clause 6 “Payment of Expenses – Monetary Limits”.

d)    Individual Councillors are to meet the cost of accounts above the limit set in Clause 6.2.2.

e)       The land line number is to be made available to the public.

 

7.2.14. Meals: Provide sustenance prior to or during Council’s official Meetings and meetings of Councillors with Parliamentary representatives visiting dignitaries and other delegations, including vegetarian or other specific sustenance for any Councillor who notifies such preference;

7.2.15. Mobile Telephones

a)    Council will meet the monthly cost of a mobile plan within the limits set by Clause 6.2.2.

b)    Individual Councillors are to meet the cost of accounts above the limit set in Clause 6.2.2.

c)       The mobile number is to be made available to the public.

7.2.16. Postage of official correspondence - all mail is to be directed through the Council’s own mailing system.  Reimbursement of expenses will only be made where expenses can be verified;

7.2.17. Secretarial Service - including typing, photocopying, printing and postage for the following purposes:-

a)    Initiating correspondence to, answering correspondence received from residents/ratepayers, Members of Parliament, Government Departments, other local authorities, other Councillors, local government related bodies and organisations, the media or the general public in relation to the business of the Council or local government.

b)    Replying to invitations to attend functions/gatherings received in their capacity as a Councillor.

c)      Communications to Councillors and Council’s staff on official business.

7.2.18. Stationery - Use of official stationery and supplies to carry out official duties;

7.2.19. Telephone Charges - Council will meet the initial costs of an extra line (see 7.2.13) and maximum monthly charges in accordance with the monetary limits set in Clause 6.2.2.

 

7.2.20. Transport to official functions (if needed) when deputising for the Mayor;

7.2.21. Use of Private Equipment - Councillors may use their existing telecommunications lines.  Reimbursement for use will be made in accordance with the monetary limits set in 6.2.2.  No retrospective payments will be made on existing line rentals.

If this option is used, Councillors are encouraged to make their landline telephone and fax numbers available to the public. All contact numbers are to be provided to staff.

7.2.22. Typing of official correspondence;

7.2.23. Vehicles - Access to suitable vehicle or vehicles (if available) provided by the Council for use on official duties connected with the office of a Councillor.

7.3.    Acquisition and return of facilities and equipment by Mayor and Councillors

a)    Return to Council all Council provided equipment. Councillors are to arrange for disconnection of services, subscriptions or mobile phone plans in their own name.

 

b)    The equipment may be purchased by the Mayor or Councillors at either trade in value or the price Council would obtain for its disposal of particular items.

c)    Council may require reimbursement of a portion of the monetary value of the equipment if he/she resigns in the first 12 months of service.

8.    [p1] ATTENDANCE AT CONFERENCES, SEMINARS AND TRAINING

8.1.    Who may attend conferences, seminars and training

8.1.1.   Councillors may be authorised to attend conferences, seminars and similar functions by:-

a)    Preferably, the Council, through resolution duly passed at a Council meeting arising from a report to Council or a notice of motion by a Councillor

b)    The General Manager and Mayor jointly, [p2] provided the attendance is within the guidelines in Clause 8.4.2 of this policy

c)    The Mayor, provided the Councillor is a substitute for another Councillor previously authorised to attend that conference.

 

8.2.    What Conferences and Seminars may be attended

8.2.1.   The conferences, seminars, workshops, courses and similar to which this policy applies shall generally be confined to:

 

a)    Local Government Association Annual (LGA and Australian local Government Association (ALGA) Conferences;

b)    Special “one-off” conferences called or sponsored by or for LGA and/or ALGA on important issues;

c)    Annual conferences and congresses of the major professions in local government;

d)       Australian Sister Cities Conferences;

e)       Regional Organisation of Councils Conferences

f)     Conferences which advance the professional development of elected members in their role as Councillors.

g)    Any meetings or conferences of organisations or bodies on which a Councillor of the Council may be elected, or appointed to be, a delegate or member of the Council or the LGA.

h)    Seminars which further the training and development efforts of the Council and within the budget framework.

 

8.3.    Training and Development

8.3.1.   Council supports and encourages an active learning process and skills development in addition to providing for attendance at seminars and conferences related to Council functions.  It is essential that the training or educational course is directly related to the Councillor’s civic functions and responsibilities and within budget parameters.

 

8.4.    Guidelines for Authorisation

8.4.1.   A resolution of Council is required to authorise attendance of Councillors at:

a)    Local Government and Shires Association Conference(s) as a voting delegate

b)    Australian Local Government Association National General Assembly as a voting delegate

c)      Overseas conferences

d)    Any other discretionary conference, seminar or training.

8.4.2.   Any discretionary conference, seminar or training (as per (d) above) not able to be authorised at a Council meeting the General Manager and Mayor jointly [p3] may authorise Councillors’ attendance at:

·     One conference, seminar or similar function per Councillor per financial year provided the conference is held in NSW, the ACT or South East Queensland and the Councillor has not attended a previous conference that year


If the Mayor requires approval to attend a conference/seminar not able to be authorised at a Council meeting the Deputy Mayor and General Manager jointly may authorise the Mayor’s attendance.


Councillors or Mayor’s attendance at conferences authorised by the General Manager and Mayor will be reported to the next quarterly review of the Management Plan.

8.4.3.   The General Manager may approve the Mayor and Councillors' attendance at events/forums held in the local area up to the value of $100.

 

8.4.4.   Procedures:

 

a)    Staff will prepare a report to Council inviting nominations to attend the following conferences:

·   Local Government and Shires Association Conference

·   Australian Local Government Association National General Assembly

 

b)    Submission of motions for consideration by Council will be done by notice of motion, which can be considered during the year.

 

c)    Staff will remind Councillors of the opportunity to submit motions for these conferences in May in the case of the LGSA Conference and in June in the case of the ALGA NGA.

d)    All other conference attendance requiring Council resolution will be submitted as a notice of motion by a Councillor wishing to attend, in accordance with Council’s normal procedures for such notices of motion. Councillors other than the Councillor who submitted the notice of motion may be authorised to attend by Council.

 

8.5.    Reporting requirements following Councillor and Mayor’s attendance at the Conference, Seminar or Training

The Mayor and Councillors are required to report in writing a Delegate’s Report to an Ordinary Meeting of Council on the aspects of the conference, seminar or training relevant to Council business and or the local community.  The report must be submitted to the General Manager within one month of the Councillor’s or Mayor’s attendance at the Conference or Seminar.

 

8.6.    Registration

The Council will pay all normal registration costs which are charged by organisers, including the costs of related official luncheons, dinners and tours which are relevant to the interests of the Council or assist Councillors to discharge the functions of their civic office.

 

8.7.    Travel Expenses Incurred

Payment or reimbursement of expenses incurred when travelling to conferences and seminars of local government related organisations at which attendance has been approved.

8.7.1.   the travel is undertaken with all due expedition, and by the shortest practicable route;

8.7.2.   All reasonable travel costs will be met by the Council.  Where appropriate, travel will be provided by air (economy class).  Depending upon the circumstances, it may be more appropriate for travel to be undertaken by car or train.  Where trains are used, the Council will provide first class travel, including a sleeping berth where necessary.

8.7.3.   Travel by motor vehicle may be undertaken by Council vehicle (where available) or by private vehicle subject to prior approval from the General Manager.  Councillors using private vehicles will be paid the “mileage” allowance at the then current rate set by the appropriate Local Government Industrial Award from time to time, but subject to any such payment not exceeding economy class air fares to and from the particular destination.

8.7.4.   Cost of vehicle hire and/or taxi fares which are reasonable and incurred while attending conferences will be reimbursed by the Council.

8.8.    Accommodation

Reasonable accommodation costs (including meals), including the night before and/or after the conference, seminar, meeting or function including entertainment but excluding expenses of a normal private nature.

The reasonable daily accommodation amount will be in accordance with the Taxation ruling for that year.

 

8.9.    Out of Pocket Expenses Incurred

So that Councillors, as delegates of the Council attending conferences which involve an overnight stay are not thereby financially disadvantaged, each Councillor attending in pursuance of a Council resolution or Mayoral authority, shall be entitled to an “out-of-pocket” allowance.

8.9.1.   only reasonable amounts are claimed or accepted towards necessary out-of-pocket expenses to a maximum $100 per day;

8.9.2.   out-of-pocket expenses for which amounts are claimed relate only to the verified (tax invoice) costs of meals, travel, registration fees, stationery and the like;

8.9.3.   any time occupied or travel incurred in other than Council business is not included in the calculation of expenses to be paid; and

8.9.4.   the claim is made not later than three (3) months after the expenses were incurred, and upon a official receipt for payments.

8.10.  Payment In Advance

The Council will normally pay registration fees, accommodation deposits and airline tickets direct in advance.  Where this is not appropriate or possible, a cash allowance or cheque equivalent thereto will be paid to the attendee in advance.

An allowance for estimated “out-of-pocket” expenses (up to $100 per day) may be paid to an attendee in advance upon request, subject to a reconciliation statement, verification of expenses and the refund of any unexpended amount being submitted within seven (7) days of the close of the conference, seminar or function.

8.11.  Overseas Conferences/Seminars etc.

Attendance by a Councillor at any conference, seminar, congress, forum, workshop, course, meeting, deputation, information or training sessions, events, etc. related to the industry of local government which are held overseas, must be authorised prior to departure by specific resolution of the council and such resolution shall specify and detail the conditions of attendance.


 

9.    WHERE EXPENSES MAY NOT BE USED

 

9.1.    Political fundraising

 

Councillors may not claim expenses to support attendance at political fundraising functions.

 

9.2.    Communication expenses

 

Individual Councillors or groups of Councillors may not claim expenses to produce and disseminate personalised pamphlets, newsletters and the like without the prior approval of Council being obtained via Council resolution.

 

10.  PAYMENT OF EXPENSES FOR Spouse/Partner or Accompanying Person

10.1.  Payment of expenses for Spouse/Partner or Accompanying Person at Conferences.

10.1.1. Where the Councillor is accompanied by his or her spouse/partner or accompanying person (ie. a person who has a close personal relationship with the councillor and/or provides carer support to the councillor), all costs for the spouse/partner or accompanying person, including travel, meals and room upgrades are to be met by the Councillor or spouse/partner of accompanying person.

10.1.2. The spouse/partner or accompanying person’s registration and or program fees (if attending), are to be paid to the conference organiser and paid at time of registration.  The Council is prepared to receive such registration and payments and forward them on to the conference organiser with any Councillor’s registration.

10.1.3. Where Council meets, on account, any expenditure or costs on behalf of an accompanying person attending a conference, such expenditure must be repaid to the Council by the Councillor within seven (7) days of being invoiced for such expenditure following the conclusion of the conference.

10.1.4. Limited expenses of spouses, partners and accompanying persons will be met by Council in association with the Mayor or Councillors’ attendance at the Local Government Association’s Annual Conference.  These expenses will be limited to registration costs and attendance at the conference dinner.  Any additional travel and accommodation expenses and the cost of partner tours etc. will be the personal responsibility of the individual Councillor or spouse/partner or accompanying person.

10.2.  Payment of expenses for Spouse/Partner or Accompanying Person at Official Council Functions.

10.2.1. Council will meet reasonable costs for spouses/partners or accompanying persons when accompanying Mayor or Councillors at official council functions that are of a formal and ceremonial nature within the Byron Shire.  Examples include but not limited to, Australia Day award ceremonies, civic receptions and charitable functions or events formally supported by the Council.

10.2.2. Council will also meet reasonable costs for a spouse/partner or accompanying person of the Mayor, or a Councillor when they are representing the Mayor, at an official function of the Council, or carry out an official ceremonial duty while accompanying the Mayor (or Councillor representing the Mayor) outside the Local Government area, but within the State or South East Queensland.

10.2.3. Payment of expenses for a spouse, partner or accompanying person when attending the abovementioned appropriate functions, will be limited to the ticket, meal or the direct cost of attending the function.  Additional expenses such as accommodation, transport, grooming or special clothing are not considered to be reimbursable expenses.

 

11.  INSURANCes

11.1.  Personal Accident Insurance

Whilst ever on Council business, world-wide covering bodily injury caused by accidental, violent, external and visible means up to a sub-limit for death of $500,000.  Also covering permanent disablement, temporary total disability.  The cover does not include medical expenses.   Full details of personal accident insurance are available in Council’s Insurance Manual held by the Risk Management Officer.

11.2.  Professional indemnity

For matters arising out of Councillors’ performance of civic duties or exercise of their functions as Councillors, provided the performance or exercise of the relevant civic duty of function is in the opinion of Council bona fide and/or proper; subject to any limitations or conditions set out in the policy of insurance which is, at the direction of Council, taken out.  No such benefit, irrespective of insurance cover, shall be provided in relation to an action by one Councillor against another Councillor or a Councillor against a member of staff.

11.3.  Public Liability

For matters arising out of Councillor’s performance of civic duties or exercise of their functions as Councillors; subject to any limitation or conditions set out in the policy of insurance which is, at the direction of Council, taken out. No such benefit, irrespective of insurance cover shall be provided in relation to an action by one Councillor against another Councillor or a Councillor against a member of staff.

 

11.4.  Statutory Liability

It provides protection against fines or penalties arising out of breaches of Acts of Parliament, plus the legal costs accrued in defending Council as an entity,  individual Councillors and officers so long as the act was not wilfully committed. The policy will cover costs accrued before an individual is named in proceedings. Costs are then referred to Councillors and Officers policy.

 

11.5.  Councillors and Officers Liability

This policy provides the main protection against personal liability for individual councillors and officers for matter arising from employment practices, civil fines and penalties and their defence costs, pollution defence costs and inquiries/investigations.

 

12.  Claims Procedure

12.1.  Councillors must provide a certified claim in the form at Appendix A for all travel and out of pocket expenses incurred. All claims must be accompanied by tax invoice receipts. 

12.2.  All claims should be made monthly unless otherwise specified.  At the end of each financial year any claims outstanding for the previous financial year must be submitted in the first week of July.

 

12.3.  All reimbursement of expenses must be approved by the General Manager.

12.4.  All expenses being reimbursed must be in accordance with the provisions of this policy.

12.5.  The Mayor’s mastercard expense claims must be accompanied by Appendix A “Allowance Claim Form”.  All expenditure must be accompanied by Tax invoice receipts and remitted monthly by a date determined by the Finance Department.

 

13.  DISPUTE RESOLUTION PROCESS

 

Should a dispute arise about the provision of expenses and facilities, or when an expense claim is not approved by the General Manager, then the disputed decision should be reviewed by the Internal Audit Committee, with a report to the full Council meeting.

 

14.  GIFTS AND BENEFITS

In circumstances where it is appropriate for councillors to give a gift or benefit (for example on a council business related trip or when receiving visitors), these gifts and benefits should be of token value and in accordance with Council’s Code of Conduct (clause 8.1)

 

15.  LEGAL EXPENSES AND OBLIGATIONS

 

15.1.  Council may disburse money only if the disbursement is authorised by the Local Government Act 1993, either expressly or because it is supplemental or incidental to or consequential upon the exercise of its functions.

15.2.  In the particular circumstances outlined below, Council may therefore indemnify or reimburse the reasonable legal expenses of a Councillor:

15.2.1. defending an action arising from the performance in good faith of his or her functions as a Councillor as referred to in s731 of the Local Government Act 1993; or

15.2.2. defending an action in defamation provided the statements complained of were made in good faith in the course of exercising his or her functions as a Councillor; or

15.2.3. for proceedings before any investigative or review body provided the conduct being investigated arises from the performance in good faith of his or her functions as a Councillor under the Local Government Act 1993, that the matter before the investigative or review body has progressed past any initial assessment phase to a formal investigation or review and the investigative or review body makes a finding substantially favourable to the Councillor. Investigative or review bodies may include:-

 

(i)         Local Government Pecuniary Interest and Disciplinary Tribunal

(ii)        Independent Commission Against Corruption

(iii)       Office of the NSW Ombudsman

(iv)       Division of Local Government, Department of Premier and Cabinet

(v)        NSW Police Force

(vi)       Director of Public Prosecutions

(vii)      Council’s Conduct Review Committee/Reviewer

15.2.4. In the case of a conduct complaint made against a Councillor, legal costs will only be made available where a matter has been referred by the General Manager to the Conduct Review Committee to make formal enquiries into the matter in accordance with the procedures in Council’s Code of Conduct.

 

15.2.5. In the case of a pecuniary interest or misbehaviour matter legal costs will only be made available where a formal investigation has been commenced by the Division of Local Government.

 

15.3.  Legal expenses incurred in relation to proceedings or investigations arising out of the performance by a Councillor or his or her functions as a Councillor are to be distinguished from expenses incurred in relation to proceedings arising merely from something that a Councillor has done during his or her term of office.  An example of the latter is expenses arising from an investigation as to whether a Councillor acted corruptly by using knowledge of a proposed rezoning for private gain which type of expense would not be reimbursed.

15.4.  Council will not meet the costs of an action in defamation taken by a Councillor as plaintiff in any circumstances.

15.5.  Council will not meet the costs of a Councillor seeking advice in respect of possible defamation, or in seeking a non-litigious remedy for possible defamation.

15.6.  Council will not meet the costs in respect of any legal proceedings initiated by any Councillors, acting as individuals, in any circumstances.

 

15.7.  The amount of expenses that may be reimbursed to a Councillor shall be reduced by the amount of any money that are recouped by the Councillor on any basis.

15.8.  The approval of Council is required to be sought and gained, where possible, prior to legal expenses being incurred.

 

16.  REFERENCE TO COUNCILLOR

 

A reference in this policy to a Councillor includes the Mayor, unless the contrary is expressly indicated.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                             13.1 - Attachment 1

 

Annexure A – AllOWANCE CLAIM FORM

CR ____________________ ALLOWANCE CLAIM FORM

Section 252, Local Government Act, 1993

 

 

Date

 

Meetings, Authorised Council Business and Inspections

Vehicle Allowance

       under 2.5L               = 68c KM

       over 2.5L                  = 78c KM

Rates subject to change as per Council Agreement (Award)

No of kms                  68c or 78c

 

Total

$

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

Date

Sundry Claims
All receipts/Tax Invoices to be enclosed

Sub Total

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

$

 

I hereby certify that the above expenses have been incurred and accordingly claim reimbursement in accordance with Council Policy. All receipts for sundry items are attached to this Claim Form.

 

Councillor ________________________         _______________________  ____________________

Name (Please Print)                    Signature                                        Date

Office Use Only

Equipment

2151.004 ___

Total $___________

Sundry

2145.006 ___

Total $___________

Travel

2145.002 ___

Total $___________

Carers Expenses

2145.011 ___

Total $___________

Conference

2145.004 ___

Total $___________

Equip Support/svc

2145.012 ___

Total $___________

Telephone/data

2145.005 ___

Total $___________

Consumables

2145.013 ___

Total $___________

Authorised: _____________________________             Date ________________ TOTAL CLAIMED      $___________

E2013/42853


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 16 September 2015

Time Commenced:

2.10pm

PRESENT:

Councillors:

Cr Simon Richardson

 

Community Representatives:

There are no community representatives.

 

Invited Representatives:

 

Paul Spooner (Byron Community Centre),
Tess Cullen (Byron Community Centre),
Greg Jago (Police)
Mouche Phillips (Byron Community Centre)

 

Staff:

Mark Arnold (Director Corporate and Community Services), Joanne McMurtry (Community Policy Officer), Simon Bennett (Traffic & Transport Officer)

 

1.    APOLOGIES:

Cr Rose Wanchap, Brandon Saul (Falls Festival), Peter Wood (Arts Northern Rivers), Greg Ironfield (Manager Community Development), Michael O’Grady (Byron United/ Destination Byron/ Backpacker Group), 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 20 August 2015 meeting were adopted. (Richardson/Spooner)

5.    BUSINESS ARISING FROM PREVIOUS MEETING

 

1.   Traffic Control Plan

A draft Traffic Management Plan was tabled and discussed. Discussion points noted:

·    Perhaps have some Byron Greeters located near the traffic controllers to assist with crowd movements and information

·    Look at using the Byron Youth Service Bat Bus as one of the NYE shuttle options.

·    Discussion about locations of road barriers, toilets and stage in Jonson St. Need to work on a better location for toilets near Railway Park. Tess and Joanne to do this.

·    Invite Ambulance staff to meetings again.

·    Consider an extra daymaker light located at the proposed temporary bus stop.

·    Perhaps Falls Fest could consider extending their ‘lanterns’ across the pedestrian walkway between Butler St and Jonson St over the railway line.

 

Simon Bennett left the meeting at 2.45pm.

 

 

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

Progress on the implementing the Action Plan was discussed and the following points made:

·    Encourage Byron United’s ‘Light up’ to include businesses along Jonson St for NYE.

·    The radio messages last year were very good and appeared to work well.

·    Discussion around the difficulty of getting volunteers for NYE. Tess and Joanne to work together on perhaps providing payment for some long-term Community Centre volunteers to wear Byron Greeters t-shirts on the night.

·    The committee would really like to investigate the idea of an electricity box installed in one of the laneway’s – Lawson Lane or Surf Alley. What is needed is 240 volt powerpoints.

 

ACTION LIST: 

1.   Traffic Management Plan to be updated following this meeting and presented to Local Traffic Committee at their next meeting.

2.   Joanne, Tess and Mouche to work together on the following ideas:

a.   locations of road barriers, toilets and stage in Jonson St. Need to work on a better location for toilets near Railway Park.

b.   Talk to Falls Fest re extending lanterns across the pedestrian walkway between Butler St and Jonson St over the railway line.

c.   Look at volunteer situation for NYE

3.   Invite Ambulance staff to future Safe Summer in the Bay PRG meetings.

4.   Request an electrical box be installed in one of the laneway’s – Lawson Lane or Surf Alley.

 

8.    date and time of meetings for the year:

2 – 4pm, 22 October

11am – 1pm, 12 November

9 – 11pm, 3 December

Time Meeting Closed:

3.25pm

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.4 - Attachment 2

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Staff Reports - Corporate and Community Services                               13.5 - Attachment 1

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Staff Reports - Corporate and Community Services                                                         13.5 - Attachment 1

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Staff Reports - Corporate and Community Services                               13.5 - Attachment 1

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Staff Reports - Corporate and Community Services                                                         13.5 - Attachment 1

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Staff Reports - Corporate and Community Services                               13.5 - Attachment 2

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Staff Reports - Corporate and Community Services                               13.5 - Attachment 3

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Staff Reports - Corporate and Community Services                                                         13.5 - Attachment 3

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Staff Reports - Corporate and Community Services                               13.5 - Attachment 3

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Staff Reports - Corporate and Community Services                               13.5 - Attachment 4

BYRON SHIRE COUNCIL

GENERAL PURPOSE FINANCIAL STATEMENTS

INDEPENDENT AUDITOR’S REPORT

 

 

Report on the Financial Statements

 

We have audited the accompanying financial statements of Byron Shire Council (“the Council”), which comprises the statement of financial position as at 30 June 2015, the income statement, statement of comprehensive income, statement of changes in equity and statement of cash flows for the year then ended, notes comprising a summary of significant accounting policies and other explanatory information, and the statement by Councillors’ and Management.

 

Council’s Responsibility for the Financial Statements

 

The Council is responsible for the preparation and fair presentation of the financial statements in accordance with Australian Accounting Standards and the Local Government Act 1993 and for such internal control as the Council determines is necessary to enable the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

 

Auditor’s Responsibility

 

Our responsibility is to express an opinion on the financial statements based on our audit. We conducted our audit in accordance with Australian Auditing Standards. Those standards require that we comply with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance whether the financial statements are free from material misstatement.

 

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Council’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Council’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by Council, as well as evaluating the overall presentation of the financial statements.

 

Our audit responsibility does not extend to the original budget information included in the income statement, statement of cash flows, Note 2(a), Note 16 budget variation explanations and Note 17 forecast information, and accordingly, we do not express an opinion on such. In addition, our audit did not include an analysis of the prudence of business decisions made by Council or management.

 

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.5 - Attachment 4

Independence

 

In conducting our audit, we have complied with the independence requirements of the Australian professional accounting bodies.

 

Opinion

 

In our opinion:

a)      The Council’s accounting records have been kept in accordance with the requirements of the Local Government Act, 1993, Chapter 13, Part 3, Division 2;

b)      The financial statements:

i.        Have been prepared in accordance with the requirements of this Division;

ii.       Are consistent with the Council’s accounting records;

iii.      Present fairly, in all material respects, the Council’s financial position as at 30 June 2015, and of its performance and its cash flows for the year then ended; and

iv.      Are in accordance with applicable Accounting Standards;

c)      All information relevant to the conduct of the audit has been obtained; and

d)      There are no material deficiencies in the accounting records or financial statements that have come to light in the course of the audit.

 

 

Dated at Lismore this 22nd day of October 2015

 

THOMAS NOBLE & RUSSELL

CHARTERED ACCOUNTANTS

 

 

 

 

........................................................

K R FRANEY                    (Partner)

Registered Company Auditor


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.5 - Attachment 5

BYRON SHIRE COUNCIL

SPECIAL PURPOSE FINANCIAL STATEMENTS

INDEPENDENT AUDITOR’S REPORT

 

 

Report on the Financial Statements

 

We have audited the accompanying financial statements, being special purpose financial statements, of Byron Shire Council (“the Council”), which comprises the statement of financial position as at 30 June 2015, the income statement for the year then ended, notes comprising a summary of significant accounting policies and other explanatory information and the statement by Councillors’ and Management.

 

Council’s Responsibility for the Financial Statements

 

The Council is responsible for the preparation and fair presentation of the financial statements and has determined that the basis of preparation described in Note 1 to the financial statements is appropriate to meet the requirements of the Local Government Act 1993 and meet the needs of the NSW Office of Local Government. The Council’s responsibility also includes such internal control as the Council determines is necessary to enable the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

 

Auditor’s Responsibility

 

Our responsibility is to express an opinion on the financial statements based on our audit. We conducted our audit in accordance with Australian Auditing Standards. Those standards require that we comply with relevant ethical requirements relating to audit engagements and plan and perform the audit to obtain reasonable assurance whether the financial statements are free from material misstatement.

 

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Council’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Council’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by Council, as well as evaluating the overall presentation of the financial statements.

 

Our audit responsibility does not extend to the best practice management disclosures in note 2 and note 3, and accordingly, we do not express an opinion on such. In addition, our audit did not include an analysis of the prudence of business decisions made by Council or management.

 

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.5 - Attachment 5

Independence

 

In conducting our audit, we have complied with the independence requirements of the Australian professional accounting bodies.

 

Opinion

 

In our opinion, the special purpose financial statements of Byron Shire Council:

a)      Have been prepared in accordance with the requirements of those applicable Australian Accounting Standards detailed in Note 1 and the Local Government Code of Accounting Practice and Financial Reporting;

i.        Are consistent with the Council’s accounting records;

ii.       Present fairly, in all material respects, the financial position of Council’s nominated Business Activities as at 30 June 2015 and the results of their operations for the year then ended;

b)      All information relevant to the conduct of the audit has been obtained; and

c)      There are no material deficiencies in the accounting records or financial statements that we have become aware of in the course of the audit.

 

Basis of Accounting

 

Without modifying our opinion, we draw attention to Note 1 to the financial statements which describe the basis of accounting. The financial statements have been prepared for the purpose of fulfilling the financial reporting requirements of the NSW Office of Local Government.  As a result, the financial statements may not be suitable for another purpose.

 

 

Dated at Lismore this 22nd day of October 2015

 

THOMAS NOBLE & RUSSELL

CHARTERED ACCOUNTANTS

 

 

 

 

.....................................................

K R FRANEY                 (Partner)

Registered Company Auditor


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.5 - Attachment 6

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.6 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.6 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.6 - Attachment 1

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Staff Reports - Sustainable Environment and Economy                         13.6 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.6 - Attachment 1

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Staff Reports - Sustainable Environment and Economy                         13.6 - Attachment 1

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Staff Reports - Sustainable Environment and Economy              13.6 - Attachment 2

10.2014.743.1

CONDITIONS OF CONSENT:

 

Staging of Construction:

·    Stage 1 – Torrens Title Lot Consolidation. (5 Lots to 3 Lots) and Boundary Adjustment (between two lots).

·    Stage 2 – Eight (8) Residential Units, incorporating Driveway / Carparking / Access to Mating Drive and Locked Gate for Emergency Services (locked to prevent access through the site to Kulgun Court / Brunswick Valley Way), and Strata Subdivision.

·    Stage 3 - Eight (8) Residential Units, incorporating Driveway / Carparking / Access to Kulgun Court and Brunswick Valley Way and Strata Subdivision.

·    Stage 4 – Nine (9) Residential Units, incorporating Driveway / Carparking and Strata Subdivision.

·    Stage 5 -  Five (5) Residential Units and, One (1) Dual Occupancy and Strata Subdivision

·    The development must occur this sequence.

 

 

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:

Kulgun_Proposed_Sub

Proposed Site Subdivision Plan

Planit Consulting

02/2015

Kulgun_Proposed_Strata

Proposed Strata Boundaries

Planit Consulting

02/2015

DA00

Overall Master Plan

Leisure Brothers

April 2015

Amendment 8

25.06.2015

DA01

Part Site Plan 1

Leisure Brothers

September 2014

Amendment 4

11.09.2014

DA02

Part Site Plan 2

Leisure Brothers

April 2015

Amendment 7

25.06.2015

DA03

Part Floor Plan 1

Leisure Brothers

September 2014

Amendment 1

11.09.2014

DA04

Part Floor Plan 2

Leisure Brothers

September 2014

Amendment 1

11.09.2014

DA05

Part Floor Plan 3

Leisure Brothers

September 2014

Amendment 1

11.09.2014

DA06

Part Floor Plan 4

Leisure Brothers

September 2014

Amendment 1

11.09.2014

DA07

Part Floor Plan 5

Leisure Brothers

April 2005

Amendment 1

11.09.2014

DA08

Part Floor Plan 6

Leisure Brothers

April 2005

Amendment 1

11.09.2014

DA09

Part Floor Plan 7

Leisure Brothers

April 2005

Amendment 2

25.06.2015

DA10

Part Floor Plan 8

Leisure Brothers

April 2005

Amendment 2

25.06.2015

DA11

Part Floor Plan 9

Leisure Brothers

April 2005

Amendment 1

11.09.2014

DA12

Part Floor Plan 10

Leisure Brothers

April 2005

Amendment 1

11.09.2014

DA13

Part Floor Plan 11

Leisure Brothers

April 2005

Amendment 2

09.06.2015

DA14

Part Floor Plan 12

Leisure Brothers

April 2005

Amendment 2

09.06.2015

DA15

Sections

Leisure Brothers

April 2005

Amendment 2

11.09.2014

DA16

Site Plan - Type A

Leisure Brothers

April 2005

Amendment 1

11.09.2014

DA17

Floor Plan – Type A

Leisure Brothers

April 2005

Amendment 4

11.09.2014

DA18

Elevations – Type A

Leisure Brothers

April 2005

Amendment 4

11.09.2014

DA19

Sections

Leisure Brothers

April 2005

Amendment 3

11.09.2014

DA20

Site Plan – Type B

Leisure Brothers

April 2005

Amendment 2

11.09.2014

DA21

Floor Plan – Type B

Leisure Brothers

April 2005

Amendment 4

11.09.2014

DA22

Elevations

Leisure Brothers

April 2005

Amendment 3

11.09.2014

DA24

Floor Plan – Type BA

Leisure Brothers

April 2005

Amendment 1

11.09.2014

DA25

Elevations

Leisure Brothers

April 2005

Amendment 1

11.09.2014

DA27

Matong Avenue Ocean Shores, NSW Type C

Leisure Brothers

September 2014

Amendment 2

11.09.2014

DA28

Floor Plan

Leisure Brothers

September 2014

Amendment 4

11.09.2014

DA29

Elevations

Leisure Brothers

September 2014

Amendment 3

11.09.2014

DA30

Sections

Leisure Brothers

September 2014

Amendment 3

11.09.2014

DA31

Floor Plan

Leisure Brothers

September 2014

Amendment 1

11.09.2014

DA32

Elevations

Leisure Brothers

September 2014

Amendment 1

11.09.2014

DA33

Section

Leisure Brothers

September 2014

Amendment 1

11.09.2014

DA34

Floor Plan

Leisure Brothers

September 2014

Amendment 1

11.09.2014

DA35

Elevation

Leisure Brothers

September 2014

Amendment 1

11.09.2014

DA36

Section

Leisure Brothers

September 2014

Amendment 1

11.09.2014

DA37

Floor Plan

Leisure Brothers

September 2014

Amendment 2

07.07.2014

DA38

Elevation

Leisure Brothers

September 2014

Amendment 1

07.07.2014

DA39

West Elevation – Section

Leisure Brothers

September 2014

Amendment 1

11.09.2014

07368/1-B

Report on Geotechnical Investigation, Slope Stability, Landslip Kulgan Court Ocean Shores

Shaw & Urquhart

14 December 2007

Crgref:14083a

Environmental Noise Impact Report

CRG Acoustics

17th September 2014

 

‘Roads & Maritime Services’ letter of approval.

RMS

25/8/2015

Figure 1

Lot 892 DP241810 & Lot 893 DP241810 Tree Survey Plan

unsigned

undated

 

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 109R 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 109R of the Act, to comply with the technical provisions of the State’s building laws.

 

5)      Land to be consolidated 

All five (5) separate parcels of land are to be consolidated into three (3) allotments and registered with the NSW Department of Lands. Provide documentary evidence to the Principal Certifying Authority that the Lots have been consolidated and registered.

 

STAGE 1 CONDITIONS.

 

The following conditions must be complied with prior to issue of a Subdivision Certificate (Stage 1).

 

6)      Subdivision Certificate application required

An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application.

 

NOTE: The application must address ALL those conditions of consent required to be complied with “Prior to the issue of a subdivision Certificate” with a clear explanation how that condition has been complied with, together with supplying ALL the relevant information/documents/certificate and/or plans that is required by that condition.

 

The application MUST be one complete, concise package, addressing all those conditions. Failure to provide the abovementioned information in one package, will likely result in the application being refused/rejected and returned to you.

 

 

7)      Plan of Subdivision

The final plan of subdivision must be in accordance with the approved plan/s. A Deposited Plan Administration Sheet (original plus one (1) copy), two (2) copies of the plan of subdivision and any necessary section 88B instrument (original plus one (1) copy) are to be submitted with the application for a subdivision certificate. An additional copy of the final plan of subdivision is to be submitted showing the location of all buildings and/or other permanent improvements including any fences, internal access driveways/roads, effluent disposal areas and where relevant, the 1 in 100 year flood and flood planning level extents on land within or adjacent to a flood planning area. Where the building/s or improvements are close to boundaries, offset distances are to be included on the additional copy of the plan.  This plan must be endorsed by a Registered Surveyor.  Any encroachments must be removed or relocated wholly within the allotment.  

 

8)      Certificate of Compliance – Water Management Act 2000 (All Stages)

A copy of the Certificate of Compliance under Section 307 of the Water Management Act 2000 is to be obtained from Byron Shire Council prior to the issue of a Subdivision Certificate.

 

Application forms are available from Council’s administration building or online at http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf to be submitted for a Certificate of Compliance with the required payment .

 

 

STAGES 2 – 5 CONDITIONS.

 

Stage 2 – Construction of 8 townhouses and associated infrastructure

Stage 3 – Construction of 8 townhouses and associated infrastructure

Stage 4 – Construction of 9 townhouses and associated infrastructure

Stage 5 – Construction of 5 townhouses and associated infrastructure

 

 

The following conditions are to be complied with prior to issue of a Construction Certificate for each stage unless indicated for a specific stage.

 

9)      Notice of Modification of Development Consent to be submitted.  (Stage 2)

A Notice of Modification of a Development Consent, prepared in accordance with Clause 97(1) of the Environmental Planning and Assessment Regulation 2000, must be submitted prior to the issue of a construction certificate for Stage 2, with respect to Development Consent No. DA 10.2008.757.1, the notice is to provide amended plans with Stages 2 & 3 shown deleted.  All areas, including internal driveways of Stage 1 of 10.2008.757.1 are also to be made consistent with those plans approved under Condition 1 of this determination for Stage 2 of 10.2014.743.1

 

 

10)    Ecological Restoration Plan required (Stage 2, 3, 4 & 5 )

The construction certificate is not to be issued until Council is satisfied that adequate measures can be implemented to ensure that the native vegetation to be removed can be adequately compensated in accordance with Clause 5.9 of Byron LEP 2014; Byron DCP Chapter B2 Preservation of trees and other vegetation and Byron Biodiversity Conservation Strategy; and that the native vegetation to be retained can be adequately protected during the pre-construction, construction and operational phases of the development. 

 

To satisfy Council in this matter, a detailed Ecological Restoration Plan is to be submitted to Council and approved.  The plan must be prepared by a suitably qualified ecologist with bush regeneration qualifications and experience, or a qualified and experienced bush regenerator and must include:

 

1.   Detail of all native vegetation requiring removal to enable the development as approved including a description of each numbered tree/vegetation community detailing its’ species (common and botanical name); location identified on a map using GPS coordinates; approximate height and diameter at breast height; and whether any of the following is applicable to the species/community:

 

a) Large locally indigenous trees of over 60 cm diameter at breast height,

b) Trees identified in Appendix B2.1 – Significant Tree Register (Primary Koala Food trees),

c) Trees within an area of high conservation value vegetation and habitats,

d) Trees (whether dead or alive) containing tree hollow(s),

e) Threatened species,

e) Endangered Ecological Communities on or adjoining the subject site.

g) Within an identified wildlife corridor

h) Threatened fauna habitat

k) Within waterways, wetlands or riparian vegetation

2.   The location of compensatory plantings in plan and word form at a minimum ratio of 10 gained: 1 lost for Tallowwoods and other native species within High Conservation Value Vegetation or mapped Wildlife Corridors or with a diameter at breast height of >60cm, and a minimum of 5 gained: 1 lost for other native trees. The plan must include as a minimum:

 

a.   Detail to include plant species, height or area covered where a vegetation community is recognised;

b.   a map at a scale of 1:200 or better illustrating the location and extent of retained vegetation on the site in accordance with the plan endorsed by this consent.  This map should also identify all areas where weeds exist in the vicinity of the development and the area(s) where plantings are proposed;

c.   provision for specific adequate plantings of plant species native to the local vegetation community(s) to compensate for loss of native vegetation from the site, including a list of species and the number of each species proposed to be planted in rehabilitation work;

d.   provision of a list of environmental weeds to be addressed on the site, specific methods of weed removal strategies and a clear identification of responsibility for the weed removal and rehabilitation

e.   a plan for independent audit and annual reporting to Council of weed management in retained vegetation on the site;

f.    the means of protection of existing vegetation within and adjoining the site to be preserved during the construction and operational phases of the development in accordance with AS 4970-2009: Protection of Trees on development sites.

g.   the means of replacing connectivity between vegetation communities in the 7(k) zoned part of the site with the Council reserve to the west of Lot 493.

h.   identification of all service connection locations within the site demonstrating that all services must be located independently of and will not be detrimental to any trees to be preserved.

i.    a detailed works plan including cost estimates and team days required to achieve effective habitat restoration; and

j.    performance criteria against which restoration works will be measured.

k.   erection of habitat boxes to off-set the loss of natural hollows. 

l.    adaptive management provisions in case of failure to meet performance criteria.

m.  Inclusion of a statement that restoration works are to be undertaken by a qualified and experienced bush regenerator(s) over a period of no less than five years to ensure weeds are adequately controlled and native vegetation has sufficiently recovered.

 

In satisfying Council as to the above Council must be furnished with Ecological Restoration Plan.  The plan must be prepared by a suitably qualified ecologist with bush regeneration qualifications and experience, or a qualified and experienced bush regenerator.

 

11)    Landscaping plan required (Stages 2, 3, 4 & 5)

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 B9.12.5 of Development Control Plan 2014. The landscaping plan must indicate:

·        That the majority of the plantings comprise locally occurring rainforest trees, shrubs and ground covers,

·        proposed location for planted ground covers, shrubs and trees,

·        botanical name of shrubs and trees to be planted

·        mature height of trees to be planted

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

Such plans and specifications must be approved as part of the Construction Certificate.  The Landscaping where suitable may add to the compensatory biodiversity plantings required by Condition 10.

The landscaping is to be in accordance with Appendix 5 of Planning for Bushfire Protection 2006

 

12)    Details of acoustic treatments and ventilation measures for building construction (All Stages)

The application for a Construction Certificate is to include plans and specifications that demonstrate the inclusion of acoustic treatments and ventilation measures for building construction recommended in Section 6 of the Environmental Noise Impact Report prepared by CRG Acoustics dated 17th September 2014.  Such plans and specifications must be approved as part of the Construction Certificate for building works.

 

13)    Acid sulfate soils management plan (All relevant stages)

Acid Sulfate Soils Management Plan is required for earthworks or works where a total volume of soil disturbed exceeds 1000 tonnes.  The Plan must be prepared by a suitably qualified Environmental / Soil Scientist and in accordance with the Acid Sulfate Soil Manual (ASSMAC 1998), and approved prior to the issue of a construction certificate for those works.

 

14)    Geotechnical Report required – Engineering Works (All Stages)

A certificate from a professional Engineer experienced in soil mechanics is to be provided to the Principal Certifying Authority, certifying that:

a)      the design of the civil engineering works, including retaining walls and/or cut & fill batters, has been assessed as structurally adequate,

b)      the civil engineering works will not be affected by landslip or subsidence either above or below the works; and

c)      adequate drainage has been provided.

 

15)    Sediment and Erosion Control Management Plan required (All Stages)

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as filter fences and sedimentation basins, and shake down areas at all vehicle access points to the development site.

 

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

 

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

 

16)    Water and Sewerage - Section 68 approval required (All Stages)

An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.

 

17)    On-site stormwater detention - Section 68 approval required (All Stages)

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. The drainage design is to provide for the following, but not limited to, works:

·    The system for the central catchment/northern portion of the site must be designed to match the post developed ARI 100 year flows to the pre-developed ARI 5 year flows.

·    The On-Site detention basin/infrastructure must discharge via the existing stormwater drainage pipe through Lot 686 DP 240398 to Aloota Crescent. This pipe line must be within an easement.

·    An overland flow path for up to Q100 events within the easement.

 

The design is to facilitate stand alone operational compliance for each stage of the development.

 

Note: The plans must be in compliance with Council’s Development Control Plan 2002, 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.

 

18)    Consent required for works within the road reserve – Kulgun Court, Matong Drive & Brunswick Valley Way.

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 Specification for Engineering Works and are to provide for the following works at the specific Stages of development:

 

 

MATONG DRIVE: (Stage 2).

 

Driveway.

 

A concrete driveway, to facilitate two way traffic flows for Residential, Delivery and Refuse Collection vehicles, in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

 

 

 

KULGUN COURT: (Stage 3 )

 

Driveway.

 

A concrete driveway, to facilitate two way traffic flows for Residential, Delivery and Refuse Collection vehicles, in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

 

 

Stormwater Drainage.

 

Stormwater drainage works, pipes, pits, as required and approved under the Section 68 Stormwater Drainage approval.

 

 

Adjustment of Services

 

Any roadworks 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 AC Seal.

The existing road pavement seal for the full length and area of Kulgun Court is to have a new overlay of Open Graded Asphaltic Concrete seal.

 

 

 

BRUNSWICK VALLEY WAY. (Stage 3 to accord with RMS approval dated 25/8/15)

 

 

Unrestricted Driveway.

 

A bitumen sealed (AC) unrestricted driveway, which facilitates two way traffic flows, designed for Residential, Delivery and Refuse Collection vehicles. The design is to be in general accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”, and, AustRoads standards for driveway design and sight distances. The design is also to provide for, as required, drainage culvert/infrastructure, pavement works to Brunswick Valley Way, signage and/or linemarking (new and relocation), and any reconstruction works to the existing guard rail. The driveway design and construction is also to comply with the Roads & Maritime Services’ letter of approval dated 25/8/2015.

 

 

 

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

 

19)    Traffic Management Plan. (All relevant Stages ).

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 for the duration of the construction of the development and haulage trucks for the earthworks phase) during construction of the development, during the Earthworks phase of the development and during any construction works within the public road reserves.

·    The haulage route, frequency and size of trucks, and duration of operations for the Earthworks phase.

·    A 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’; and

 

·    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.

 

20)    Car Parking layout, Vehicle circulation and Internal Driveway/Access plans required.

          (All Relevant Stages).

The application for a Construction Certificate is to include plans and specification that indicate internal access, car parking and vehicle turning/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 DCP2014 B4: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2002 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:

 

a)      pavement description, the pavement of the internal access road/driveway from Kulgun Court through to the internal roundabout/island is to be of a smooth surface to reduce vehicle/tyre noise;

b)      pavement description, the pavement of the internal access road/driveway from Matong Drive, inclusive of vehicle turning bay, and, a locked gate with signage at the southern end of the internal driveway that services the 8 units in Stage 1 to prevent access through to Kulgun Court/Brunswick Valley Way.

c)      The internal access road from Matong Drive, through No 43 Matong Drive, is to be designed so that the driveway comes no closer than 3 metres from the large trees circled in red on Figure 1 ‘Lot 892 DP241810 & Lot 893 DP 241810 Tree Survey Plan’, i.e. a minimum TPZ of 3.0 metres is to be provided.

d)      The driveway to the dual occupancy at No 41 Matong Drive is to be via a ROW through No 43 Matong Drive.  

e)      the required number of car spaces for residents, deliveries, buses, and visitors for each stage of the development;

f)       existing and design levels;

g)      longitudinal section from the road centreline to the car space(s);

h)      cross sections;

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

j)        turning paths for all design vehicles up to and including the 10m. Refuse Collection Vehicle ;

k)      vehicle turning areas at the end of the internal access/driveway for each stage of the development for all design vehicles up to and including the 10m. Refuse Collection Vehicle.

l)        linemarking and signage.

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

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”.

 

21)    Flood Planning Level for new buildings (All Stages)

The flood planning level for this development is R.L. 4.9m A.H.D. 

 

The plans and specifications to accompany the construction certificate application are to indicate a minimum floor level that is at/above this flood planning level.

 

This affects the southern portion of the site, south of the Kulgun Court entrance driveway.

 

The plans and specifications to accompany the construction certificate application are also to indicate the use of flood compatible materials, fixtures and power outlets where used in the building below the flood planning level.

 

22)    Bond required to guarantee against damage to public land (All Stages)

A bond of $10,000.00 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.

 

23)    Public liability insurance cover required (Stages 2, 3).

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.

 

24)    Long Service Levy to be paid (All Stages).

A Long Service Levy must be paid to the Long Service Payments Corporation.  This is a State Government Levy and is subject to change.

 

These payments may be made online at www.lspc.nsw.gov.au or at Council’s Administration Office, Station Street, Mullumbimby. Where paying to Council, cheques are to be made payable to ‘Byron Shire Council’.

 

For further information regarding the Long Service Payment please refer to the website above.

 

25)    Water and Sewerage - Section 68 approval required (Stages 2, 3, 4 & 5).

An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.

 

26)    Certificate of Compliance – Water Management Act 2000 (All Stages)

A Certificate of Compliance will be issued on completion of construction of water management works to serve the development and/or on 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

 

27)    Compliance with BASIX Certificate requirements (All Stages)

The development is to comply with BASIX Certificate No.575291M, dated 23 September 2014. The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.

 

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 an amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.

 

Proposed external colours/materials must be consistent with those shown on the approved plans referred to in Condition No.1 of this consent. Such plans and specifications must be approved as part of the Construction Certificate.

 

28)    Clothes drying (All Stages)

Plans accompanying the application for construction certificate are to show the provision of external clothes drying areas in accordance with Byron Development Control Plan 2014 Chapter D1.6.6.

 

29)    Long Service Levy to be paid (All Stages)

A Long Service Levy must be paid to the Long Service Payments Corporation.  This is a State Government Levy and is subject to change.

 

These payments may be made online at www.longservice.nsw.gov.au or at Council’s Administration Office, Station Street, Mullumbimby. Where paying to Council, cheques are to be made payable to ‘Byron Shire Council’.

 

For further information regarding the Long Service Payment please refer to the website above.

 

30)    Site Waste Minimisation and Management Plan (All Stages)

Chapter B8 of Byron Shire Development Control Plan 2014 (DCP 2014) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation and use of the development. The SWMMP must specify the proposed method of recycling or disposal and the waste management service provider.

 

A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publications/swmmp_-_pro-forma-.doc)

 

31)    Developer Contributions to be paid for Stage 2 (8 Townhouses).

Contributions set out in the schedule below are to be paid to Council prior to the release of a construction certificate for this stage.  Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended).  The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby.  These contributions are to fund public amenities and services as listed in the schedule.  Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended). 

 

The credit for the 5 existing lots have been allocated to this stage. 

 

The contributions in the schedule are current at the date of this consent.  The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.  The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule. 

 

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

 

 

32)    Developer Contributions to be paid for Stage 3 (8 Townhouses)

Contributions set out in the schedule below are to be paid to Council prior to the release of a construction certificate for this stage.  Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended).  The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby.  These contributions are to fund public amenities and services as listed in the schedule.  Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended). 

 

The contributions in the schedule are current at the date of this consent.  The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.  The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule. 

 

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

 

33)    Developer Contributions to be paid for Stage 4 (9 Townhouses)

Contributions set out in the schedule below are to be paid to Council prior to the release of a construction certificate for this stage.  Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended).  The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby.  These contributions are to fund public amenities and services as listed in the schedule.  Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended). 

 

The contributions in the schedule are current at the date of this consent.  The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.  The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule. 

 

 

 

34)    Developer Contributions to be paid for Stage 5 (5 Townhouses and Dual Occupancy)

Contributions set out in the schedule below are to be paid to Council prior to the release of a construction certificate for this stage.  Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended).  The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby.  These contributions are to fund public amenities and services as listed in the schedule.  Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended). 

 

The contributions in the schedule are current at the date of this consent.  The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.  The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule. 

 

 

35)    External lighting plan to be submitted for approval (All Stages)

The application for a Construction Certificate is to include plans and specifications that demonstrate that safe minimum standards of lighting (min. 0.2 Lux) can be provided without generation of undue glare and nuisance from the lighting installations.  Lighting assessment and design should be undertaken by a suitably qualified professional with competence in the fields of illuminating engineering and environmental design in accordance with AS4282-1997: Control of the obtrusive effects of outdoor lighting and NSW Workcover OH&S requirements.

 

 

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

 

36)    Traffic Management Plan (All Relevant Stages)

The approved traffic management plan is to be implemented.

 

37)    Public safety requirements (All Relevant Stages)

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property.  The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development.  Council is not held responsible for any negligence caused by the undertaking of the works.

 

 

38)    Dilapidation Reports required (All Relevant Stages).

Prior to the commencement of any excavation works requiring rock drilling, blasting or breaking, a pre-construction Dilapidation Report is to be submitted to Council detailing the current condition of all adjoining buildings, infrastructure and roads.

 

This report is also advisable prior to any earthworks.

 

A second Dilapidation Report shall be submitted to Council, prior to occupation of the building (whole or partial), to ascertain if any structural damage has occurred to any adjoining building, infrastructure or roads.

 

39)    Environmental Noise Impact Report (All Stages)

All controls and measures must be in place in accordance with the approved Environmental Noise Impact Report.

 

40)    Acid sulfate soils management (All Stages)

If required acid sulfate soil controls must be in place in accordance with any approved Acid Sulfate Soils Management Plan.

 

41)    Erosion and Sediment Control Management Plan implemented (All Stages).

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

 

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

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).

 

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

 

42)    Plumbing Standards and requirements. (All Stages)

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. 

 

43)    Imported Fill Material (All Stages)

All fill material imported to the site for the purpose of the development must be from a clean source.   Documentation must accompany the material certifying it as clean or virgin material.   A copy of the certification must be provided to the certifying authority prior to any building work or construction commencing.

 

 

The following conditions are to be complied with during construction

 

44)    Construction times (All Stages)

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. 

 

45)    Construction Noise (All Stages)

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. 

 

46)    Environmental Noise Impact Report (All Stages)

All works to be carried out in accordance with the approved Environmental Noise Impact Report.

 

47)    Building construction to incorporate acoustic treatment (All Stages)

Approved plans and specifications for acoustic treatment and ventilation measures must be incorporated during construction for building works. 

 

48)    Acid sulfate soils management (All Stages)

Acid sulfate soils must be managed and disposed of in accordance with the approved Acid Sulfate Soils Management Plan.  A copy of this report must be kept on the property at all times during construction and made available to any person.

 

49)    Any excavated ASS soils to be disposed of off-site (All Stages)

Any soils to be disposed of off-site to be in accordance with NSW DECC Waste Classification Guidelines (2008) and Approved Acid Sulfate Soils Management Plan.

 

50)    Signs to be erected on building and demolition sites (All stages)

A sign must be erected in a prominent position on the work site:

 

a)      stating that unauthorised entry to the work site is prohibited, and

b)      showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

 

Any such sign is to be removed when the work has been completed.

 

51)    Builders rubbish to be contained on site (All Stages)

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.

 

52)    Protection of Native Trees (All Stages)

All trees nominated to be retained by notation or condition as a requirement of the development consent shall be maintained and protected during demolition, excavation and construction on the site in accordance with AS 4970-2009 – Protection of Trees on Development Sites.

 

53)    Protection of koalas and other native fauna from disturbance (Stages 2 & 4)

(i)         Clearing of native vegetation and/or earthworks as part of any development approval from Council must be temporarily suspended within a range of 25m from any tree which is concurrently occupied by a koala and must not resume until the koala has moved from the tree of its own volition;

(ii)        Any clearing of land must not commence until the area proposed for clearing has been inspected for the presence of all fauna species using the site;

(iii)       Should fauna be present at the time of proposed clearing, relevant fauna spotter/catcher protocols must be followed to prevent injury to wildlife;

(iv)       Approval to proceed with the clearing of vegetation in accordance with this section is only valid for the day on which the inspection has been undertaken.

(v)        The individual referred to in (ii) above, or a nominated representative, must remain on site during any approved clearing of vegetation.

 

54)    Prevention of water pollution (All Stages)

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

 

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

 

55)    Maintenance of Sediment and Erosion Control Measures (All Stages)

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

 

56)    External Lighting (All Stages)

All lighting installations must be installed in accordance with the approved lighting plans and specifications.

 

 

The following conditions are to be complied with prior to occupation of the building

 

57)    Occupation Certificate required (All Stages)

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

 

58)    Works to be completed prior to issue of a Final Occupation Certificate (All Stages)

All of the works, indicated for Stage 1, on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, is to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

 

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

 

59)    Car parking areas, Internal & External Driveways, Roadworks and Drainage to be completed. (All Relevant Stages).

The car parking areas, internal and external driveways, roadworks and drainage works 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.

 

60)    Stormwater disposal (All Stages)

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 directly to a watercourse, and

d)      Not onto adjoining land,

e)      Discharged from the site via approved public piped drainage infrastructure and overland flow paths.

 

61)    Environmental Noise Impact Report (All Stages)

The applicant must confirm in writing that all works were carried out in accordance with the approved Environmental Noise Impact Report.

 

62)    Sewer and water to be connected (All Stages)

A Certificate of Compliance under Section 307 of the Water Management Act 2000 is to be obtained from Council prior to the issue of an Occupation Certificate.

 

63)    Stormwater drainage – Certification of works (All Stages)

a)      Stormwater must be collected and disposed of in a controlled manner in accordance with the approval granted to an application under Section 68 of the Local Government Act 1993.

b)      Certificates, such as ‘hydraulic/hydrological compliance’ and ‘structural adequacy’ must be submitted to the Principal Certifying Authority (PCA) prior to occupation.

c)      The certificates are to be from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans, Council’s current ‘Design & Construction Manuals, Section 68 Approvals and Part B3.2.3 of DCP 2014.

 

 

64)    Insect screening (All Relevant Stages).

All windows and doors of the proposed dwellings are to incorporate fly/insect screens.

 

The following conditions are to be complied with at all times

 

 

65)    No Interference with Amenity of Neighbourhood (All Relevant Stages).

The proposed use of the premises 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.

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)   All waste storage facilities shall be serviced and maintained to ensure that all relevant environment protection standards are satisfied.

 

66)    Waste (All Relevant Stages).

All wastes removed from the site must be managed and disposed on in accordance with NSW DECC Waste Classification Guidelines (2008)', or similar. 

 

67)    Prohibiting/Restricting Vehicular Access between former Lot 9 DP 1046566 & Lot 893 DP 241810 (All Stages)

The vehicular access to/from former Lot 9 DP 1046566 and Lot 893 DP 241810 is to restricted to emergency/fire vehicles only. The access is to have a locked gate with signage displaying restricted access.

 

The following conditions must be complied with prior to commencement of subdivision works

 

68)    Metered Stand Pipe required

Prior to the commencement of any civil works requiring water from Council water main, a metered Stand Pipe for temporary water supply must be supplied and installed by Council.  Contact Council’s Water and Recycling Department to arrange for this requirement on 02 6626 7081.

 

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

 

The following conditions must be complied with during construction of subdivision works

 

69)    Council Specification

All works to be constructed to at least the minimum requirements of the “Northern Rivers Local Government Design and Construction Manual”

·   Development Design and Construction Manuals, Northern Rivers Local Government, 2009;

·   Development Servicing Plan for Water Supply Services, Byron Shire Council, 2011;

·   Development Servicing Plan for Sewerage Services, Byron Shire Council, 2011;

·   Fire Flow Design Guidelines, Water Directorate, 2011;

·   Water and Sewer Equivalent Tenement Policy (13/005), Byron Shire Council, 2013;

·   Pressure Sewerage Policy (12/014), Byron Shire Council, 2012.

·   Private Sewer Pump Station Policy (12/015), Byron Shire Council, 2012.

 

 

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

 

70)    Section 88B Instrument

A Section 88B Instrument and one (1) copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for:

 

a)      Sewer Easements

The creation of easements for drainage of sewage over all sewage pipelines and structures located within the proposed allotments in accordance with Council’s Building Over Pipelines Policy 4.20.

 

b)      Easement for Services

The creation of suitable easements for services over the access handle(s) of proposed Lot(s)

 

71)    Works-As-Executed Plans

Works-as-executed plans, being both hard copy and electronic format, certified by a suitably qualified engineer or a registered surveyor, are to be submitted with the application for a subdivision certificate. In the case where development involves filling of flood prone land, an additional copy of the works-as-executed plan relating to earthworks and final plan of subdivision must be submitted detailing the 1% flooding contour.

 

72)    CCTV Inspection and Report

A Closed Circuit T.V. (‘CCTV’) Inspection and Report, certified by a qualified engineer, is to be submitted with the application for a Subdivision Certificate for the following works:

a)      Sewerage Reticulation.

 

73)    Certificate for services within easements

The submission of a certificate from a registered surveyor certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements.

 

74)    Water service and meter to be connected to each lot

A water service and water meter must be connected to all residential allotments in the subdivision 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.

 

75)    Certificate of Compliance – Water Management Act 2000

Water and sewer services are to be provided to the land in accordance with an approval granted under Section 68 of the Local Government Act 1993.

Payment of developer charges to Byron Shire Council for water supply and sewerage.

A copy of the Certificate of Compliance under Section 307 of the Water Management Act 2000 is to be obtained from Byron Shire Council prior to the issue of a Subdivision Certificate.

 

Application forms are available from Council’s administration building or online at http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf to be submitted for a Certificate of Compliance.

 

 

Approvals granted pursuant to Section 68 of the Local Government Act 1993

 

Nil

 

General Terms of Integrated Development Approval

 

Bushfire Integrated Development for 954//241073, 12//1128095, 9//1046566 & 892, 893 & 944//241810 - 2 Kulgun Court, 41 & 43 Matong Drive and Pacific Highway, Ocean Shores

 

Integrated Development in accordance with Section 91 of the 'Environmental Planning and Assessment Act 1979'.

 

This response is to be deemed a bush fire safety authority as required under section 100B of the 'Rural Fires Act 1997' and is issued subject to the following numbered conditions:

 

1. The development proposal is to comply with the layout identified on the following drawings:

 

a)   'Proposed Staging' plan (Revision 02), prepared by Planit Consulting, dated 2 April 2015;

 

b)   'Overall Master Plan' (Amendment No.6), prepared by Leisure Brothers, dated 7 April 2015;

 

c)   'Part Site Plan 1' (Amendment No.4), prepared by Leisure Brothers, dated 11 September 2014; and

d)   'Part Site Plan 2' (Amendment No.5), prepared by Leisure Brothers, dated 7 April 2015,

except as modified by the following conditions.

 

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

 

2. At the commencement of development and in perpetuity, the entire property (proposed Lots 1, 2 and 3) except the area greater than 15 metres north of proposed 'House 22' and greater than 15 metres east of proposed 'House 29' and 'House 30' shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

 

3. Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'. The reticulated water supply, including hydrants, shall extend into the development.

 

Access

The intent of measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area. To achieve this, the following conditions shall apply:

 

4. Access shall comply with section 4.2.7 of 'Planning for Bush Fire Protection 2006', except that road widths are to comply with Table 4.1.

 

5. Temporary turning areas and/or turning circles for Stages 1, 2 and 3 shall comply with the following requirements:

 

a) turning areas or reversing bays shall be not less than 6 metres wide and 8 metres deep with an inner minimum turning radius of 6 metres and outer minimum radius of 12 metres; and

b) turning circles shall have a minimum outer radius of 12 metres.

 

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

 

6. New construction shall comply with Sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

7. Roofing shall be gutterless or guttering and valleys are to be screened to prevent the build up of flammable material. Any materials used shall be non-combustible.

 

8. Fencing shall be non-combustible.

 

Landscaping

9. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

 

General Advice – consent authority to note

Establishment asset protection zones may require the clearing of vegetation.

This bush fire safety authority does not authorise the clearing of any vegetation, nor does it include an assessment of potential flora and fauna impacts of clearing vegetation for the purpose of establishing asset protection zones. Approvals necessary for the clearing of vegetation should be obtained prior to the establishment of the proposed asset protection zones.

 

 

Notes

 

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.

 

Principal Certifying Authority.

Work must not commence until the applicant has:-

appointed a Principal Certifying Authority (if the Council is not the PCA); and

given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

 

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.

 

Water payments under the Water Management Act 2000

Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

 

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
[ET Policy No:13/005]

Stage 2

Water

0.60 ET

Bulk Water

0.60 ET

Sewer

3.00 ET

Stage 3

Water

6.40 ET

Bulk Water

6.40 ET

Sewer

8.00 ET

Stage 4

Water

7.20 ET

Bulk Water

7.20 ET

Sewer

9.00 ET

Stage 5

Water

4.80 ET

Bulk Water

4.80 ET

Sewer

6.00 ET

 

 

 

Reasons

 

·    To ensure access for people with access disabilities.

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

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

·    To protect the environment.

·    To preserve the amenity of the area. 

·    To ensure adequacy of services to the development.

·    To ensure public health and safety.

·    To ensure compliance with Section 68 of the Local Government Act 1993.

 

 

 

7.       DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

 

Has a Disclosure Statement been received in relation to this application

No

Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.

No

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.7 - Attachment 1

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

Directorate:                 Sustainable Environment and Economy

Report Author:           Paul Mills, Senior Assessment Officer - Planning

File No:                        I2015/375

Theme:                         Ecology

                                      Development and Approvals

 

 


 

Proposal:

 

Property description:

LOT: 8 SEC: 8 DP: 758207

33 Lawson Street BYRON BAY

Parcel No/s:

41820

Applicant:

D P Roberts Planning Solutions

Owner:

Mr P J Croke

Zoning:

B2 Local Centre Zone

Date received:

9 December 2014

Integrated Development:

No

Public notification or exhibition:

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

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

-    Submissions: Nil.

Delegation to determination:

Meeting of full Council

Issues:

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

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

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

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

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

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

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

 

Summary:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

 


  


 

 

RECOMMENDATION:

That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application 10.2014.742.1 for demolition of existing single-storey motel building and erection of a three (3) storey motel accommodation building plus two (2) levels of basement parking, be refused for the following reasons:

 

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

 

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

 

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

 

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

 

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

 

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

 

 

 


Attachments:

 

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

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

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

 

 



 

Assessment:

 

1.       INTRODUCTION

 

1.1     History/Background

 

Past applications over the subject site:

 

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

 

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

 

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

 

1.2     Consultation with Applicant

 

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

 

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

 

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

 

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

 

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

 

1.3     Description of the site

 

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

 

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

 

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

 

Surrounding development

 

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

 

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

 

1.4     Description of the proposed development

 

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

 

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

 

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

 

Table 1 – Development proposed by level

Level

Details

Basement Level 2

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

Basement Level 1

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

Level 1

(Ground Floor)

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

Level 2

(First Floor)

fifteen (15) motel rooms including two wheelchair accessible rooms

Level 3

(Second Floor)

fifteen (15) motel rooms  including one wheelchair accessible room

 

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

 

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

 

 

 

 

 

 

 

2.       SUMMARY OF GOVERNMENT/EXTERNAL REFERRALS

 

 

Summary of Issues

Senior Development Engineer

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

Environmental Officer

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

Water & Waste Services

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

ET Engineer

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

NSW Office of Water

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

 

No other referrals.

 

3.       SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

Having regard for the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979, the following is a summary of the evaluation of the issues.

 

3.1.    STATE/REGIONAL PLANNING POLICIES AND INSTRUMENTS

 

Requirement

 

Proposed

Complies

State Environmental Planning Policy No. 71 - Coastal Protection

 

Matters for consideration for development within the coastal zone include:

-    retention of existing public access to the coastal foreshore

-    impact of effluent disposal on water quality

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

 

The proposal is consistent with the provisions of SEPP 71.

Yes

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

 

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

residential flat building means a building that comprises or includes:

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

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

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

 

 

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

N/A

State Environmental Planning Policy No 55 - Remediation of Land (SEPP No.55)

 

Clause 7 of SEPP No.55 specifies that contamination and remediation is to be considered in determining development application.

 

See assessment following this Table.

No*

(*see assessment following this Table)

Building Code of Australia

The proposed development is considered to be capable of satisfying the Building Code of Australia.

 Satisfactory

Demolition

Should the application have been considered favourably conditions to require compliance with the relevant Australian Standard for demolition would have been imposed.

Yes

Disability Access (DDA)

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

The proposal seeks to provide a chair lift from the Lawson Street level to provide accessibility. The proposed elevator would provide internal accessibility.

 Satisfactory

 

State Environmental Planning Policy No 55 - Remediation of Land

 

Clause 7 of SEPP No.55 sets out Council’s obligations in the assessment of land contamination and remediation. Clause 7(1)(a) specifies:

 

“(1) A consent authority must not consent to the carrying out of any development on land unless:

(a)  it has considered whether the land is contaminated, and

(b)  if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c)  if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.”

 

The applicant has not provided a preliminary site investigation prepared in accordance with the relevant NSW Guidelines for SEPP No.55 (Remediation of land) with regard to history or condition of the subject site.

 

A review of Council’s radioactive sand fill mapping (extract shown in Figure 1) identifies the subject site is likely to contain radioactive sand fill.

 

The applicant was requested to provide a preliminary site investigation in accordance with SEPP No.55 Guidelines to allow for a preliminary assessment to be undertaken. Despite this request the applicant has not submitted a preliminary assessment prepared in accordance with the relevant NSW Guidelines for SEPP No.55 (Remediation of land).

 

Pursuant to Clause 7(1)(a) of SEPP No.55, Council as consent authority, must not consent to the carrying out of this development as it has not been able to determine whether land is contaminated.

 

Figure 1 – Subject site shown in yellow as containing possible radioactive sand fill

 

It is noted that on 29 April 2015 the applicant submitted a brief assessment which was not prepared in accordance with the relevant NSW Guidelines for SEPP No.55 (Remediation of land).

 

It is also important to note that Section 145B (Exemption from liability - contaminated land) of the Environmental Planning and Assessment Act 1979, states, (in part):

 

(1)  A planning authority does not incur any liability in respect of anything done or omitted to be done in good faith by the authority in duly exercising any planning function of the authority to which this section applies in so far as it relates to contaminated land (including the likelihood of land being contaminated land) or to the nature or extent of contamination of land.

(2)  This section applies to the following planning functions:

(c)  the processing and determination of a development application and any application under Part 3A or Part 5.1,

(d)  Without limiting any other circumstance in which a planning authority may have acted in good faith, a planning authority is (unless the contrary is proved) taken to have acted in good faith if the thing was done or omitted to be done substantially in accordance with the contaminated land planning guidelines in force at the time the thing was done or omitted to be done.

(e)  This section applies to and in respect of:

(a)  a councillor, and

(b)  an employee of a planning authority, and

(c)  a public servant, and

(d)  a person acting under the direction of a planning authority,

in the same way as it applies to a planning authority.

As advised in Section 145B of the Environmental Planning and Assessment Act 1979, Council may incur liability if it were to grant consent to the proposed development without acting substantially in accordance with the current contaminated land planning guidelines.

 

3.2     BYRON LOCAL ENVIRONMENTAL PLAN 2014

 

Zone: B2 Local Centre

Definition: Hotel or motel accommodation

LEP Summary of Requirement

Proposed

Complies

Zone B2   Local Centre

1   Objectives of zone

•    To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

•   To encourage employment opportunities in accessible locations.

•   To maximise public transport patronage and encourage walking and cycling.

•   To encourage vibrant centres by allowing residential and tourist and visitor accommodation above commercial premises.

 

 

The proposed development is considered to be generally consistent with the objectives of the B2 Local Centre Zone.

 

Yes

Permissibility

hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that:

(a)  comprises rooms or self-contained suites, and

(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,

but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.

 

 

The proposed hotel or motel accommodation is permissible with the consent of Council within the B2 Local Centre Zone.

 

Yes

2.7   Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

 

This application seeks consent for the demolition of the existing motel.

 

Yes

4.3   Height of buildings

(1)  The objectives of this clause are as follows:

(a)  to achieve building design that does not exceed a specified maximum height from its existing ground level to finished roof or parapet,

(b)  to ensure the height of buildings complements the streetscape and character of the area in which the buildings are located,

(c)  to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development.

(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The Height of Buildings Map provides the maximum height limit of 9.0 metres for the subject site.

 

Maximum roof height (excluding lift tower) 13.03m AHD lowest level below 2.39m AHD. Maximum height calculated to be 10.64m.

No*

(*See assessment following this Table)

4.4   Floor space ratio

(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. The FSR Map identifies the site to have a maximum FSR of 1.3:1.

 

Gross floor area calculations by level: Ground level        398.0m2 First Floor             470.7m2 Second Floor            470.7 m2

Total GFA          1339.4m2

 

Site area 1013m2/ GFA 1339.4m2

Proposed FSR is 1.322:1

No*

(*See assessment following this Table)

4.6   Exceptions to development standards

(1) The objectives of this clause are as follows:

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

 

See assessment following this table.

No

5.5   Development within the coastal zone

Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered the matters within Clause 5.5 and is satisfied with regard to the matters in Clause 5.5.

 

The proposed development is considered to be acceptable with regard to the matters for consideration within the coastal zone.

Yes

6.1   Acid sulfate soils

(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.

(2)  Development consent is required for the carrying out of works described in the table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.

 

Class of land

Works

5

Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.

(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.

 

 

(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if:

(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and

(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.

...

(6)  Despite subclause (2), development consent is not required under this clause to carry out any works if:

(a)  the works involve the disturbance of less than 1 tonne of soil, and

(b)  the works are not likely to lower the watertable.

 

The subject site is identified as containing Class 5 acid sulfate soils by Council’s LEP 2014 mapping. The proposal involves excavation for a two level basement. The applicant has not submitted a preliminary assessment of the proposed works to demonstrate that an acid sulfate soils management plan is not required. As such consent must not be granted under Clause 6.1.

No

 

6.2   Earthworks

(1)  The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

(2)  Development consent is required for earthworks unless the earthworks are exempt development under this Plan or another applicable environmental planning instrument.

(3)  In deciding whether to grant development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters:

(a)  the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,

(b)  the effect of the development on the likely future use or redevelopment of the land,

(c)  the quality of the fill or the soil to be excavated, or both,

(d)  the effect of the development on the existing and likely amenity of adjoining properties,

(e)  the source of any fill material and the destination of any excavated material,

(f)  the likelihood of disturbing relics,

(g)  the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,

(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

 

A large amount of excavation is associated with the construction of the proposed two level basement.  The environmental impacts of the proposed excavation have not been able to be adequately assessed in the absence of information on matters such as acid sulphate soils, dewatering and land contamination. 

No

6.3   Flood planning

(1)  The objectives of this clause are as follows:

(a)  to minimise the flood risk to life and property associated with the use of land,

(b)  to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

(c)  to avoid significant adverse impacts on flood behaviour and the environment.

(2)  This clause applies to land at or below the flood planning level.

(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a)  is compatible with the flood hazard of the land, and

(b)  will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c)  incorporates appropriate measures to manage risk to life from flood, and

(d)  will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

(4)  In determining a development application for development at or below the future flood planning level, the consent authority must, in addition to the matters referred to in subclause (3), also consider the following matters:

(a)  the proximity of the development to the current flood planning area,

(b)  the intended design life and scale of the development,

(c)  the sensitivity of the development in relation to managing the risk to life from any flood,

(d)  the potential to modify, relocate or remove the development.

(5)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause.

 

The proposed development is capable of complying with the flood planning controls in Clause 6.3. The proposed ground floor level exceeds the flood planning level of 3.17 AHD by 0.61m.

Yes

6.6   Essential services

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required:

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage,

(d)  stormwater drainage or on-site conservation,

(e)  suitable vehicular access.

 

The essential services identified in Clause 6.6 are available.

Yes

 

3.2.1    Byron Local Environmental Plan 2014 – Exceptions to development standards Clause 4.6 Assessment

 

1.         Non-compliance with Clause 4.3 Height of buildings (Clause 4.6 assessment)

 

Clause 4.6(3) specifies:

 

(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

 

Assessment: A written request has been submitted by the applicant seeking to justify a building height of 10.09m on the subject site. The maximum height of the proposed building is 10.64m, not 10.09m as stated in the written request. The proposed building is 1.64m higher than the 9.0m height control (a non-compliance of 18.2%).

 

It is considered that the development standard (height of buildings) has not been demonstrated to be unreasonable or unnecessary in the circumstances of this case. The applicant has also not demonstrated there are sufficient environmental planning grounds to justify the contravention. The applicant has provided matters to justify the proposed contravention and the relevant matters are assessed as follows:

 

-     The height of the existing building at No.35 Lawson Street is 14.14m. The development consent (DA 5.1993.167.1) for the increased height of this building was granted in 1993 under a different height control. The existing building at No 35 Lawson Street, has a sloping roofline containing only smaller ‘attic’ areas above the former 7.5m limit. Council previous DCP set a 7.5m height limit measured at the top-plate of the outer walls of the building (not the roofline). No.35 Lawson Street is also a corner allotment which may allow for height increase.

 

-     Development application 10.2014.361.1 allowed alterations and additions to the building at No.35 Lawson Street to reach a height of 13.03m. This application involved lowering the height of the existing building from the existing 14.14m to 13.03m. It is also noted these approved alterations and additions have not been commenced.

 

-     The applicant has stated the additional height of the building is a direct result of the flood prone nature of the site and the need to elevate the ground floor to Council’s flood level plus freeboard. This is not correct, the additional floor height to satisfy Council’s flood planning level is approximately 0.77m, whilst the proposed height non-compliance is 1.64m.

 

-     The applicant notes that the proposed development will not adversely impact on the streetscape in view of other existing buildings including those on the opposite side of Lawson Street. The proposed increase in height and bulk of the building is not considered to be compatible with the streetscape. It is considered the relevant streetscape assessment involves only the northern side Lawson Street between Middleton Street and Fletcher Street. The streetscape drawing submitted does not establish the relevant streetscape within the 9.0m height control area. Any reference to buildings on the opposite side of Lawson Street is not considered relevant as the height limit there is 11.5m.

 

(4)  Development consent must not be granted for development that contravenes a development standard unless:

(a)  the consent authority is satisfied that:

(i)         the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

 

Assessment: It is considered that the applicant’s written request contains miscalculations and does not adequately address the matters as required by subclause 3.

 

(ii)        the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

 

Assessment:  The objectives of Clause 4.3 (height of buildings) are as follows:

 

(a)   to achieve building design that does not exceed a specified maximum height from its existing ground level to finished roof or parapet,

(b)   to ensure the height of buildings complements the streetscape and character of the area in which the buildings are located,

(c)   to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development.

(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

 

It is considered the proposed height of the building does not satisfy the objectives of Clause 4.3. The proposed building height is considered to be excessive in the relevant streetscape. The proposed development is considered to be generally consistent with the objectives of the B2 Local Centre Zone as these objectives do not refer to built form. 

 

(b)  the concurrence of the Director-General has been obtained.

 

Assessment: Concurrence of the Director-General is able to be assumed for non-compliances with Clauses 4.6 (pursuant to Planning Circular 08-003).

 

2.         Non-compliance with Clause 4.4 Floor space ratio (Clause 4.6 assessment)

 

Clause 4.6(3) specifies:

 

(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

 

Assessment:  It is considered that the development standard (floor space ratio) has not been demonstrated to be unreasonable or unnecessary in the circumstances of this case. The applicant has also not demonstrated there are insufficient environmental planning grounds to justify the contravention. The applicant has provided the following comments in an attempt to justify the proposed contravention, which are assessed below:

 

-     “The proposed variation is minor as it only requests a 1.7% variation.”

 

The proposed 1.7% variation represents an additional 22.5m2 of gross floor area.

 

-     The degree if variation will represent no material change in the building (sic)

 

The deletion of 22.5m2 of gross floor area would result in a material change in the proposed building.

 

-     There are no additional bulk and scale impacts as a result of the minor non-compliance.

 

The proposed additional 22.5m2 of gross floor area increases the bulk of the building. The proposed increased floor area is also exacerbated by the substantial height non-compliance of the building.

 

-     The proposed variation results in better internal amenity for the proposal.”

 

No evidence or explanation has been submitted by the applicant to support the above claim. The deletion of one motel room would be sufficient to satisfy the maximum FSR maintaining the internal amenity.

 

(4)  Development consent must not be granted for development that contravenes a development standard unless:

(a)  the consent authority is satisfied that:

(i)         the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

 

Assessment: It is considered that the applicant’s written request does not adequately address the matters required to be demonstrated in subclause 3 as detailed.

 

(ii)        the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

 

Assessment:  The objectives of Clause 4.4 (floor space ratio) are as follows:

 

(a)          to ensure that new buildings are appropriate in relation to the character, amenity and environment of the locality,

(b)          to enable a diversity of housing types by encouraging low scale medium density housing in suitable locations,

(c)          to provide floor space in the business and industrial zones adequate for the foreseeable future,

(d)          to regulate density of development and generation of vehicular and pedestrian traffic,

(e)          to set out maximum floor space ratios for dual occupancy in certain areas.

(2)          The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

 

It is considered the proposed FSR of the building does not satisfy the objectives of Clause 4.4.

 

(b)  the concurrence of the Director-General has been obtained.

 

Assessment: Concurrence of the Director-General is able to be assumed for non-compliances with Clauses 4.6 (pursuant to Planning Circular 08-003)

 

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

 

No relevant Draft Environmental Planning Instruments have been identified.

 

3.3     DEVELOPMENT CONTROL PLAN

 

Byron Development Control Plan 2014

 

Control

Assessment

 Compliance

Chapter B11  Planning for Crime Prevention

B11.2.1 Development that Requires a Formal Crime Risk Assessment

1.  Council will expect a formal Crime Risk Assessment for the following types of development:

…….

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

 

2.  Development Applications for the proposals listed in 1. above must be accompanied by a formal Crime Risk Assessment prepared by or on behalf of the applicant in accordance with NSW Police Force guidelines. The Crime Risk Assessment shall:

a)   assess the crime risk characteristics of the area;

b)   make provision in the design process to minimise crime risk; and

c)   address the CPTED principles as they apply to the proposed development.

The proposed two level basement car park may provide an increased crime risk area. The submitted statement of Environmental Effects has not addressed Planning for Crime Prevention.

 

Should the application have been considered favourably further details would have been requested with regard to planning for crime prevention.

No

Chapter B12 Social Impact Assessment

B12.1.3 Application of this Chapter

A Social Impact Assessment (SIA) is required for

tourist and visitor accommodation for 50 or more persons.

A Social Impact Assessment must be conducted and certified by a suitably qualified person and in manner prescribed in Chapter B12.

 

The application has not submitted a Social Impact Assessment.

No

Chapter D3 – Tourist Accommodation

D3.2.1 Location and Siting

The siting, design and operation of tourist accommodation and associated development must not adversely affect important conservation values, ecological systems or characteristics of the site or the Shire. Development must respect and contribute to the natural environmental systems and values of its location and surrounds.

 

The proposed design of the development involves two levels of basement parking. It has not been demonstrated that the proposed development will not adversely affect conservation values and respect the natural environment. 

 

No

Development applications for proposals located in or near ecologically sensitive areas, areas of high conservation values and/ or important natural features or sites must include a full description of those ecological, conservation and natural values and systems, together with a comprehensive, professional assessment of the impact of the proposed development thereon. The impact assessment must include an evaluation of the effectiveness and sustainability of any proposed amelioration and management measures.

 

The site is located in an ecologically sensitive area in terms of acid sulphate soils and groundwater. The application does not include a full description of those ecological, conservation and natural values and systems, together with a comprehensive, professional assessment of the impact of the proposed development thereon.

No

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

Tourist accommodation in Zones B1, B2 and B4 must be compatible in character and amenity with development in the locality. The provisions of the following Sections in Chapter D4 Commercial and Retail Development apply to all tourist accommodation development in Zones B1, B2 and B4 in the same way they apply to commercial and retail development in Business and Mixed Use zones:

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

Section D4.2.2 – Design Detail and Appearance.

 

Noted.

Yes

D3.3.6 Hotel or Motel Accommodation

The design and operation of hotel or motel accommodation must be compatible with the streetscape and character of development in the locality.

 

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

 

Hotel or motel accommodation development must not adversely affect the amenity of the precinct in which it is located. Development applications may need to be accompanied by a Social Impact Assessment prepared pursuant to Chapter B12 Social Impact Assessment, where applicable.

 

External pedestrian access must be provided between accommodation units and other facilities associated with the development, including car parking. The access must comprise covered connecting pathways or access balconies with an all-weather surface and must be integrated with the overall landscape plan for the development.

 

Motels must incorporate eating and living areas and facilities, together with outdoor recreation/ living areas with access to winter sun and summer shade. They may also include self-contained cooking facilities.

 

Development must be designed and constructed to minimise noise and vibration impacts on occupants of adjoining or nearby dwellings or buildings.

 

The proposed excessive height and excessive bulk of the proposed building is not considered to be compatible with the streetscape on

the northern side of Lawson Street between Middleton Street and

Fletcher Street.

 

The applicant has not demonstrated compliance with Chapters B11 Planning for Crime Prevention or Chapter B9 Landscaping.

 

The applicant has not satisfied the requirements for Social Impact Assessment detailed in Chapter B12.

 

Pedestrian access is provided between accommodation units and other facilities including car parking.

No

D4.2.2 Design Detail and Appearance

The design of new buildings must reflect and enhance the existing character of the precinct. The design, scale, bulk, design and operation of business, commercial and retail development must be compatible with the streetscape and with the aesthetics, function and amenity of development in the locality.

 

Building design, roof profile, detailing, colours, materials and the like that are visible from the street and from adjoining properties must be compatible with any dominant design themes in the surrounding locality.

 

The pattern of windows in retail areas must provide visual interest and variation and must relate to those of adjacent buildings. Building materials must relate to the context of buildings within the area to achieve continuity and harmony. Contrasting materials may be used to provide diversity, however materials and colour must not be used so that they dominate the streetscape.

 

The design, bulk and scale of this development is not compatible with the streetscape on the northern side of Lawson Street between Middleton Street and Fletcher Street.

 

No

Chapter D8 - Public Art

D8.2.1 Provision of Public Art

1.       Development to which this Section applies must include the provision of public art to the value of at least 2% of the total development cost (calculated in accordance with the Environmental Planning & Assessment Regulation) up to a maximum of $25,000, as an integral part of the development.

 

2.       The public art must be permanent and durable, and must be provided in a location on the development site that is freely accessible to members of the public or clearly visible from the public domain.

 

3.       Details of the proposed public art must be submitted as part of the Development Application documentation. The documentation must include details of the nature and form of the proposed public art; and must define and illustrate its intended location and approximate size.

 

4.       The documentation must also demonstrate how the proposed public art meets the following Design Selection Criteria:

  

a)  relevance and appropriateness of the work in relation to its site;

b)  relevance and appropriateness of the work to Byron Shire, including the Shire’s Aboriginal heritage, its particular natural environment and its diverse culture;

c)  consistency with the Byron Shire Cultural Plan and Public Art Policy;

d)  consideration of public safety, including public use of and access to the public art and associated space;

e)  consideration of maintenance and durability, including potential for vandalism;

f)   evidence of funding sources and satisfactory budget, including provision for ongoing maintenance; and

g)  evidence of Public Liability Insurance to cover construction and installation of the work.

 

The proposed development triggers the need to provide public art in accordance with Chapter D8. Should the application have been considered favourably a condition would have been imposed to require public art be provided in accordance with Chapter D8.

 

Details of the proposed public art were not submitted as part of the Development Application documentation.

No

Section B8 Waste Minimisation and Management

A Site Waste Minimisation and Management Plan (SWMMP) is to be submitted with a Development Application and must show all matters specified within Section B8.4.

 

Should the application have been considered favourably a condition would have been included to require the submission of a SWMMP generally in accordance with B8.4.2.

 

No

Chapter B4 Traffic Planning, vehicle parking, circulation and access

B4.2.5 Car Parking Requirements

1.   Unless otherwise specified elsewhere in this DCP, car parking is to be provided in accordance with the schedule contained in Table B4.1

 

Food and drink premises require one (1) parking space required per 20m2 of GFA in Business Zone.

The proposed number of parking spaces and the access arrangements has been assessed as satisfactory.

Yes

Chapter E5 Certain Locations in Byron Bay and Ewingsdale

E5.4.1 Development and servicing of land affected by predicted coastal hazards

 

All services must be provided from the landward side of the development such that the building is between the services and the erosion escarpment.

 

Development within the ‘Coastal Erosion Hazard Area’ on the Byron Bay Coastal Hazards Map (E5.1) will be considered on the understanding that any consent granted will be subject to the proviso that should the erosion escarpment come within 50 metres of any building then the development consent will cease.

 

If the development consent does cease then the owner of the land will be responsible for the removal of all buildings.

 

The option of demolition as the means of removal will be available to all buildings.

 

Prior to the issue of a Construction Certificate a restriction as to user must be placed on the title pursuant to the provisions of section 88E of the Conveyancing Act 1919, stating:

“The subject land and any improvements erected thereon must not be used for the purpose of (land use) in the event that the erosion escarpment as defined by the Works and Services Director of the Council of the Shire of Byron from time to time comes to within 50 metres of any buildings or any part thereof at any time erected on the said land’.

 

Should the application have been recommended for approval a condition would been included to require the A Section 88E instrument to be placed on the title of the land to cease use when the erosion escarpment comes within 50m of the site.

Yes

 

 

3.4       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

Built Environment

 

The proposed development is considered to be excessive in terms of height, bulk and scale. The proposed building is not considered to be compatible with the built environment as detailed in Section 3.2.1 of this report.

 

 

 

Natural Environment

 

A large amount of excavation is associated with the construction of the proposed two level basement.  The environmental impacts of the proposed excavation have not been able to be adequately assessed in the absence of information on matters such as acid sulphate soils, dewatering and land contamination. 

 

Social and economic impacts

 

The proposed development is considered to be acceptable with regard to social and economic impacts in the locality.

 

3.5     The suitability of the site for the development

 

The site is also located within the coastal erosion zone, should the application have been recommended for approval a condition would have been imposed to address this issue.

 

3.6       Submissions made in accordance with this Act or the regulations

 

The application was notified / advertised in accordance with the Level 2 provisions of Council’s DCP 2014 Part A14 - Public Notification and Exhibition of Development Applications. The exhibition period occurred from 6 January 2015 to 19 January 2015. Council’s records indicate that no submissions were received.

 

3.7     Public interest

 

The proposed development is considered to be contrary to the public interest as the development significantly exceeds the height limit prescribed by the local planning instrument which has been the subject of an extensive community consultation process.

 

4.       DEVELOPER CONTRIBUTIONS

 

 

4.1     Water & Sewer Levies

 

ET assessment

 

Development

Number

ET Rate

ET

Water

Sewer

Water

Sewer

1 bedroom motel units

Ref 6.4

43

0.30 / bedroom

0.45 / bedroom

12.9

19.35

Office

Ref 8.4

9.8 m2

0.01 / m2

0.004 / m2

0.098

0.0392

Swimming pool – Indoor

Ground Floor

Assumed

3m x14m

@1.5m deep

Using Swimming pool calculator #E2015/9848

0.76

0.51

Swimming pool – Indoor

Top Floor

Assumed

2m x 14m

@1.5m deep

Using Swimming pool calculator #E2015/9848

0.66

0.51

Swimming pool – Outdoor

Top Floor

Assumed

12m x 3m

@1.5m deep

Using Swimming pool calculator #E2015/9848

0.72

0.51

TOTAL

15.138

20.9192

 

Therefore this development generates an additional load of:

 

·    15.14 – 3.50 (credit) = 11.64 ET for Water & Bulk Water;

·    20.92 – 5.05 (credit) = 15.87 ET for Sewer.

 

NB: figures are from the current Water and Sewer Equivalent Tenements Policy (13/005).

 

Had the application been recommended for approval it would require payment of Developer Servicing Charges of:

 

·    11.64 ET onto Councils Water & Bulk Water;

·    15.87 ET onto Councils Sewer.

 

4.2     Section 94 Contributions

 

Had the application been recommended for approval a condition would have been included to require payment of the Section 94A levy.

 

5.       CONCLUSION

 

A review of Council’s radioactive sand fill mapping identifies the subject site is likely to contain radioactive sand fill which could be disturbed as the proposal involves substantial excavation for two levels of basement parking. SEPP No.55 specifies that Council must not grant consent unless it has assessed if the land is contaminated.  It is also noted that Council may be liable if consent were to be granted without acting substantially in accordance with the ‘contaminated land planning guidelines’ pursuant to Section 145B (Exemption from liability - contaminated land) of the Environmental Planning and Assessment Act 1979.

 

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

 

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

 

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

 

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

 

Overall the applicant has failed to submit essential information to support the proposed development. The proposed 1.64m non-compliance with the maximum height limit has not been adequately justified by the applicant. The proposed development is considered to have insufficient planning merit and it is recommended that the application be refused consent.

 

6.       RECOMMENDATION

 

It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2014.742.1 for demolition of existing single-storey motel building and erection of a three (3) storey motel accommodation building plus two (2) levels of basement parking, be refused for the following reasons:

 

1.   Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, the height of the proposed building exceeds the maximum height shown for the land on the Height of Buildings Map, contrary to Clause 4.3 of Byron Local Environmental Plan 2014. 2.

 

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

 

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

 

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

 

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

 

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

 

 

7.       DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

 

Has a Disclosure Statement been received in relation to this application

No

Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.

No

 

Provide Disclosure Statement register details here: Nil.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.7 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy  13.7 - Attachment 3

S82A Review 10.2014.742.1

 

 

Conditions of consent: 

Schedule A - Deferred Commencement Condition/s pursuant to Section 80(3).

 

The following condition/s concern matters as to which the Council must be satisfied before the consent can operate.

A.      Acid Sulfate Soils Management Plan

This consent does not operate until Council is satisfied that acid sulphate soils can be appropriately managed during the construction of the development.

To satisfy Council in this matter, an acid sulphate soils management plan for the development, prepared in accordance with the Acid Sulfate Soils Manual, must be submitted to Council for approval which describes the following:

a)      Description of the site, including maps;

b)      Area of the site and area(s) of disturbance;

c)      Site attributes including site landform and geology, details of any native vegetation, depth to watertable and likely seasonal variation;

d)      Maximum depth of excavation and level in AHD, volume of soil to be excavated, timing of works, water quality testing, calculated cone of depression;

e)      Plan showing locations of all boreholes, details of all sampling equipment, evidence of good materials handling procedures and laboratory certification;

f)       Full details of calculations used to determine the liming rate or any other ameliorant;

g)      Details of all measures to avoid/minimise any disturbance of ASS and dewatering of excavations;

h)      Details of measures to minimise the oxidation exposure times of all ASS excavations and stockpiles;

i)        Details of measures to segregate, stockpile, treat and dispose of ASS and acid drainage waters, including the provision of associated leachate and sediment control measures and procedures;

j)        Details of measures to ensure that acid drainage waters are not discharged to Council’s stormwater system nor any watercourse or drainage channel;

k)      Details of measures to ensure that management of ASS will be undertaken in accordance with the Acid Sulfate Soil Manual (ASSMAC, 1998);

l)        Details of measures to ensure that any off-site disposal of ASS will be in accordance with the ‘NSW DECC (2008) Waste Classification Guidelines’;

m)     Details of validation testing to confirm that sufficient ameliorant has been incorporated into the ASS to prevent any future acidification;

n)      Names and contact details of persons responsible;

o)      Monitoring strategy; and

p)      Contingency procedures.

The Plan must be prepared by a suitably qualified Environmental / Soil Scientist and in accordance with the Acid Sulfate Soil Manual (ASSMAC 1998).  This Plan must take into account the findings any approved Soils and Water Management Plan and approved Acid Sulfate Soils Plan. 

Evidence of compliance with the above conditions, sufficient to satisfy the Council as to those matters, must be provided within 24 months of this notice. If satisfactory evidence is produced in accordance with this requirement, Council will give written notice to the applicant of the date from which the consent operates.

If Council has not notified the applicant within a period of 28 days after the applicant’s evidence is produced to it, the Council is, for the purposes only of Section 97 of the Environmental Planning and Assessment Act 1979, taken to have notified the applicant that Council is not satisfied as to those matters on the date on which that 28 day period expires.

 

Schedule B - Conditions pursuant to Section 80(1)  

 

Upon satisfaction of the deferred commencement condition/s, the following conditions apply:

Parameters

1.   Development is to be in accordance with approved plans

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

Ref No.

Description

Author

Date

DA 03 D

Ground Floor Plan

Project Tourism International Architects

6 July 2015

DA 04 E

Basement 2 Floor Plan

Project Tourism International Architects

28 September 2015

DA 05 E

Basement 1 Floor Plan

Project Tourism International Architects

28 September 2015

DA 06 C

First Floor Plan

Project Tourism International Architects

6 July 2015

DA 07 C

Second Flor Plan

Project Tourism International Architects

6 July 2015

DA 08 C

Roof Plan

Project Tourism International Architects

6 July 2015

DA 09 D

Elevations North + South

Project Tourism International Architects

6 July 2015

DA 10 D

Elevations East + West

Project Tourism International Architects

6 July 2015

DA 11 D

Section A

Project Tourism International Architects

28 September 2015

DA 12 D

Section C

Project Tourism International Architects

28 September 2015

 

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 109R 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.   Shoring and adequacy of adjoining property

(1)          For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent that if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a)  protect and support the building, structure or work from possible damage from the excavation, and

(b)  where necessary, underpin the building, structure or work to prevent any such damage.

(2)          The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

 

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

5.   Remediation of contaminated land

The application for a construction certificate must be accompanied by a Detailed Contaminated Land Assessment and Remedial Action Plan prepared by a suitably qualified contaminated land specialist with experience in the remediation of contaminated land.  The Remedial Action Plan must conform to NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other applicable standards.

The Remedial Action Plan must be approved as part of the Construction Certificate for Demolition.

 

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

6.   Public Art

Details of publicly visible public art proposed to be installed are to be provided to Council for assessment to ensure its validity, appropriateness, location and value of a minimum $25,000.00.

7.   Section 94A Levy to be paid

Prior to the issue of a construction certificate the section 94A levy required by the Byron Developer Contributions Plan 2012 shall be paid to Council.

The levy will be calculated as follows:

Levy payable = %C x $C

Where:      

   %C      is the levy rate applicable as set out in the latest Ministerial Direction issued under section 94E of the Environmental Planning and Assessment Act 1979. 

           $C    is the proposed cost of carrying out the development. 

The rate of %C is:

Proposed cost of the development

Maximum percentage of the levy

Up to $100,000

Nil

$100,001–$200,000

0.5 percent

More than $200,000

1.0 percent

The cost of development shall be shall be calculated in accordance with clause 25J of the regulation and shall be set out in Schedule 2.  A copy of completed Schedule 2 shall be submitted with the payment to Council. 

8.   Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued on completion of construction of water management works to serve the development and/or on 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.

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

9.   Water and Sewerage - Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.

10. 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.

11. Geotechnical & Structural certification

A certificate from a professional Engineer(s) experienced in Geotechnical and Structural Engineering is to be provided to the Principal Certifying Authority, certifying that:

a)      the design of the civil engineering works for the basement car park structure, including retaining walls, earthworks, dewatering, has been assessed as structurally adequate,

b)      the civil engineering works will not be affected by landslip or subsidence either above or below the works;

c)      the civil engineering works will not affect the structural integrity of the adjacent buildings, and;

d)      adequate drainage has been provided.

 

12. Dilapidation Report

The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying that the method of construction and dewatering will not adversely impact/effect the structural integrity and support of the neighbouring buildings and associated private and public infrastructure within the zone of influence of the construction site.  The report is to also address the current structural state of those buildings and infrastructure.

The engineers are to be Corporate Members of the Institution of Engineers Australia.

13. Plans of retaining walls, earthworks and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining wall structures or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage.

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

14. Consent required for works within the road reserve – Lawson Street

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:

 

Driveway

 

A new concrete driveway and layback in accordance with Council’s standard “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. The footpath profile must be designed to comply with Council’s design standards. Concrete ‘wave pattern’ finish is required.

Full width footpath

Full width (or an approved equivalent) concrete footpath for the full frontage of the site at a crossfall of 1 % or 1:100 (maximum 2.5% or 1 in 40). Concrete ‘wave pattern’ finish is required.

Footpath embellishment

 

Grading, trimming, topsoiling and turfing of the unpaved footpath area.

Adjustment of Services

 

Footpath 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.

 

15. Traffic Management Plan – Road works Lawson Street

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.

16. Sediment and Erosion Control Management Plan required

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as filter fences and sedimentation basins.

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

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

17. 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)      Fully dimensioned plan indicating horizontal & vertical dimensions/clearances, parking bays, access aisles, access ramps and gradients, demonstrating compliance with the current Australian Standards;

b)      Flood gate systems, or other designs, to prevent flood inundation up to the Flood Planning Level;

c)      Design levels;

d)      Longitudinal sections;

e)      Cross sections;

f)       Drainage (pipes, pits, on-site detention, etc.);

g)      Turning paths;

h)      Linemarking and signage.

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

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

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

18. Flood Planning Level for new buildings

The Flood Planning Level for this development is R.L. 3.2m A.H.D. 

The plans and specifications to accompany the construction certificate application are to indicate a minimum floor level that is above the flood planning level.

The plans and specifications to accompany the construction certificate application are also to indicate the use of flood compatible materials, fixtures and power outlets where used in the building below the flood planning level.

19. Bond required to guarantee against damage to public land

A bond of $10,000 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.

20. S.88E Restriction to be placed on title – Coastal erosion

Documentary evidence is to be provided to the Principal Certifying Authority that a restriction-as-to-user, pursuant to the provisions of S.88E of the Conveyancing Act, 1919, has been placed on the title to the land, the subject of this consent, stating:‑

The development granted via development consent number 10.2014.742.1 must cease if at any time the coastal erosion escarpment comes within 50 metres of the building subject of the consent. The development the subject of this consent must be demolished and removed immediately. Further the landowner must suitably revegetate the land.

In this restriction coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.

Please note: Documents requiring the endorsement of Council associated with the creation or cancellation of easements, restrictions, covenants are subject to fees listed within Council’s Fees & Charges.

21. Commercial Swimming Pool Design

Swimming pools (including spa’s) are subject to Public Health Act 2010 & Regulation 2012 requirements.

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

A letter of receipt will be issued on completion of:

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

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

 

 

 

22. Groundwater Contingency Management Plan required

Application for a construction certificate is to include a Groundwater Contingency Management Plan. This Plan must take into account the findings any approved Soils and Water Management Plan and approved Acid Sulfate Soils Plan.  The Plan must be prepared by a suitably qualified Environmental / Soil Scientist and approved as part of the Construction Certificate application.

23. Soil and Water Management Plan required

Application for a construction certificate must be accompanied by:

a)      A licence from the NSW Department of Natural Resources (DNR) for the dewatering of excavations and any associated groundwater monitoring bores.

b)      A detailed Soil and Water Management Plan, approved by Council, for the management of dewatering activities, acid sulfate soils disturbance and discharge water quality.

c)      Documentary evidence that a suitably qualified environmental scientist/engineer with experience in groundwater management has been engaged by the proponent to oversee and be responsible for all works associated with the implementation of the approved Soil and Water Management Plan.

d)      Contact details of the aforesaid responsible person, including an emergency 24-hour phone number. These details must also be provided to Council’s Environmental Services Department.

24. Environmental Management Plan

An Environmental Management Plan (EMP) must be submitted to Council for approval prior to the issue of the construction certificate for any building works.  The EMP must be prepared by a suitably qualified professional and contain details of measures to be undertaken to ensure that construction works do not result in any off-site impacts that could interfere with neighbourhood amenity. 

25. Noise Management Plan

A Noise Management Plan must be submitted to Council for approval prior to the issue of the construction certificate for any building works.  The Noise Management Plan must be prepared by a suitably qualified acoustic practitioner and detail the methods that will be implemented for the whole project to minimise construction noise. Information should include:

a)     identification of nearby residences and other sensitive land uses;

b)     assessment of expected noise impacts;

c)     detailed examination of feasible and reasonable work practices that will be implemented to minimise noise impacts;

d)     strategies to promptly deal with and address noise complaints;

e)     details of performance evaluating procedures (for example, noise monitoring or checking work practices and equipment);

f)      procedures for notifying nearby residents of forthcoming works that are likely to produce noise impacts;

g)     reference to relevant consent conditions; and

h)     name and qualifications of person who prepared the report.

Note to EO: Refer to DECC’s ‘Interim Construction Noise Guideline’ (2009) for more information (see http://www.environment.nsw.gov.au/noise/constructnoise.htm).

26. Dewatering Management Plan required

Dewatering Management Plan to Council’s Team Leader, Environment Services for approval prior to issue of the Construction Certificate.  This Plan must take into account the findings any approved Soils and Water Management Plan and approved Acid Sulfate Soils Plan and include the following:

· water quality criteria for waters to be discharged to the stormwater system, to be derived from ANZECC / ARMCANZ (2000) Fresh and Marine Water Quality Guidelines 95 % species protection trigger levels for freshwaters, or similar. Parameters to include, but not be limited to, pH, electrical conductivity, dissolved oxygen, total suspended solids, turbidity, ammonia, oxidised nitrogen (NOx), Total Nitrogen (TN), Filterable Reactive Phosphorus, Total Phosphorus, Total Petroleum Hydrocarbons, Benzene, toluene, ethyl benzene, xylene (BTEX), Polycyclic Aromatic Hydrocarbons (PAHs) and Aluminium;

· details of proposed water treatment prior to discharge to ensure compliance with the above water quality criteria, including those that are manual and automated;

· details of water sampling methodologies and frequencies for each parameter;

· details of disposal methods if water does not comply with above criteria; and

· details of a 24-hour contact person and telephone number for complaints.

27. Unexpected Findings Protocol - Contamination & Remediation

An Unexpected Findings Protocol (UFP) must be prepared and submitted to Council for approval prior to the issue of Construction Certificate.  The UFP must be prepared by a suitable qualified person experienced in matters relating to Contamination of Land and Remediation, to the satisfaction of Council’s Director of Planning, Development and Environment.

28. Site Waste Minimisation and Management Plan

Chapter 1: Part F of Byron Shire Development Control Plan 2010 (DCP 2010) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation and use of the development. The SWMMP must specify the proposed method of recycling or disposal and the waste management service provider.

A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publications/swmmp_-_pro-forma-.doc)

29. Landscaping plan required

The application for a Construction Certificate is to include plans and specifications that indicate the landscaping within the balcony/terrace areas of the site. 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)      The plan is to be prepared by a suitably qualified landscape architect / architect /ecologist who has appropriate experience and competence in landscaping.

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

 

The following conditions are to be complied with prior to any building or demolition works commencing

30. Approved Environmental Plans must be implemented

The works engineer must certify to the Principal Certifying Authority that all requirements contained in the following have been implemented:

·        Acid Sulfate Soils Management Plan

·        Soil and Water Management Plan

·        Environmental Management Plan

·        Groundwater Contingency Management Plan

·        Dewatering Management Plan

·        Unexpected Findings Protocol - Contamination & Remediation

31. Traffic Management Plan

The approved traffic management plan is to be implemented.

32. Public safety requirements

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property.  The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development. Council is to be nominated as an interested party on the policy.  Council is not held responsible for any negligence caused by the undertaking of the works.

33. Erosion and Sediment Control Management Plan 

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

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).

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

34. Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a)      stating that unauthorised entry to the work site is prohibited, and

b)      showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

 

35. 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.

The following conditions are to be complied with during building or demolition works

36. 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.

37. 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.

38. Prevention of water pollution

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

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

39. Electrical and Mechanical Equipment

For buildings constructed on flood liable land, the electrical and mechanical materials, equipment and installation must conform to the requirements of Chapter C2 of Development Control Plan 2014.

40. 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. 

41. 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. 

42. Approved Environmental Plans must be implemented

Works must be in accordance with the following approved plans:

·    Acid Sulfate Soils Management Plan

·    Soil and Water Management Plan

·    Environmental Management Plan

·    Groundwater Contingency Management Plan

·    Dewatering Management Plan

·    Unexpected Findings Protocol - Contamination & Remediation

43. WorkCover Authority

All works must be undertaken in accordance with the requirements of the WorkCover Authority.

44. Removal of asbestos and other wastes
All wastes, including asbestos and lead-contaminated wastes, associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licensed Waste Facility.  All wastes removed from the site must be managed and disposed of in accordance with NSW DECC Waste Classification Guidelines (2008) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf

All asbestos wastes associated with removal of the existing dwelling 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. 

45. Support for neighbouring buildings

If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

a)    must preserve and protect the adjoining building from damage;

b)    if necessary, must underpin and support the building in an approved manner;

c)    must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

The owner of the adjoining allotment of land, public road or any other public place is not to be held liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the public road, any other public place or the adjoining allotment of land.

46. All excavated soils to be disposed of off-site

All excavated soils to be disposed of off-site and in accordance with NSW DECC Waste Classification Guidelines (2008) and the approved Remedial Action Plan.

47. Imported Fill

Any imported fill material used to back fill tank pits must be certified as clean or virgin material.  The applicant/owner is to produce documentary evidence that this condition has been met.

 

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

48. Road damage

Any damage caused to Council or other Public Authority’s assets as a result of construction works associated with the approved development is to be repaired, to the satisfaction of the public authority, by the contractor/developer prior to the issue of any 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.

49. 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.

50. Car parking, driveways and access areas to be completed and signs to be provided.

The car parking, driveways and access 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.

51. Geotechnical & Structural Certification required – Completed Engineering Works

A Certification from a professional Engineer(s) experienced in Geotechnical and Structural Engineering is to be provided to the Principal Certifying Authority, certifying that:

a)      the constructed completed civil engineering works, inclusive of the basement car park structure, retaining walls, earthworks, drainage, has been assessed as structurally adequate,

b)      the civil engineering works will not be affected by landslip or subsidence either above or below the works;

c)      the civil engineering works will not affect the structural integrity of the adjacent buildings, and;

d)      adequate drainage has been provided.

52. 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 directly to a watercourse, and

d)      Not onto adjoining land.

53      Floor Levels

Prior to the issue of an occupation certificate the owner/builder of a development is to confirm in writing to Council the as-built levels are as per the approved designs (i.e. the heights are confirmed by a registered surveyor). The heights which should be provided would be habitable floor, non-habitable floor, basement car park floors, flood gate level (of inundation protection). 

54      Stormwater drainage – Certification of works

a)      Stormwater must be collected and disposed of in a controlled manner in accordance with the approval granted to an application under Section 68 of the Local Government Act 1993.

b)      Certificates, such as ‘hydraulic/hydrological compliance’ and ‘structural adequacy’ must be submitted to the Principal Certifying Authority (PCA) prior to occupation.

c)      The certificates are to be from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans, Council’s current ‘Design & Construction Manuals, Section 68 Approvals and DCP 2014.

d)      The submission of works as executed drawings for the storm water prior to a final plumbing inspection.

55      Public Art

The approved public art work is to be installed within the development.

56      Certification required

The works engineer must certify to the Principal Certifying Authority that all works have been carried out in accordance with the approved Environmental Management Plans including:

·    Acid Sulfate Soils Management Plan

·    Soil and Water Management Plan

·    Environmental Management Plan

·    Groundwater Contingency Management Plan

·    Dewatering Management Plan

·    Unexpected Findings Protocol - Contamination & Remediation

 

 

57      Dilapidation report

The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying  what, if any, impacts/effects that the completed development has had on the neighbouring buildings and associated private and public infrastructure within the zone of influence of the construction site.  The report is to also address what measures are to be implemented, and in what time frame, to rectify any such identified defects.

The engineers are to be Corporate Members of the Institution of Engineers Australia.

The following conditions will need to be complied with at all times

58      Vehicles to enter/leave in a forward direction

Vehicles using any off-street loading/unloading and/or parking area 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.

59      Landscaping to be maintained

The landscaping within the approved landscaping plan must be maintained at all times.

60      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.

61      Swimming Pool controlled discharge rate

The maximum allowable flow rate of filtered backwash water into the sewer is 0.45 L/s.

62      Public use of swimming pool

The swimming pool must operate in accordance with the NSW Public Health (Swimming Pools and Spa Pools) Regulation 2000 and related NSW Health Department guidelines. 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 NSW Health Department.  The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times.

A child-resistant barrier fence that complies with AS 1926.1 “Fencing for swimming pools” must surround the swimming pool. 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.

Adequate supervision, resuscitation information and an emergency response plan must be provided when the pool is in use.

The swimming pool and associated facilities must comply with the requirements of the NSW Occupational Health & Safety Act 2000. Further inquiries in respect of this condition should be directed to the WorkCover NSW by telephoning (02) 6622 0088 (Lismore).

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

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.

The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Council and NSW Health.  The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times.

63      Unexpected Findings Protocol - Contamination & Remediation

The subject site must be managed at all times in accordance with any long-term management recommendations resulting from the Unexpected Findings Protocol (UFP). 

64      Car Parking spaces are to be available for the approved use

A minimum of 46 car parking 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 carparking spaces required for the residential component (manager’s unit) of the development are to be reserved and made available for particular residents.

65      Vehicles to enter/leave in a forward direction

Vehicles using any off-street loading/unloading and/or parking area 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.

66      Flood Evacuation Plan

A copy of the approved flood evacuation plan is to be laminated in clear plastic and displayed in a prominent location(s) within the development.

67      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.

68      Swimming Pool controlled discharge rate

The maximum allowable flow rate of filtered backwash water into the sewer is 0.45 L/s.

Notes

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.

Principal Certifying Authority:

Work must not commence until the applicant has:-

·    appointed a Principal Certifying Authority (if the Council is not the PCA); and

·    given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

·    notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Penalties apply for failure to comply with development consents

Failure to comply with conditions of development consent may lead to an on the spot fine (generally $600) being issued pursuant to section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning & Assessment Act 1979.

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.

Water payments under the Water Management Act 2000

Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

 

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
[ET Policy No:13/005]

Water

11.64 ET*

Bulk Water

11.64 ET*

Sewer

15.87 ET*

 

*Please note ET figures based on assumed swimming pool characteristics. These figures are subject to change upon receiving detailed swimming pool designs.

 

Reasons

·    To ensure access for people with access disabilities.

·    To comply with the provisions of Byron Local Environmental Plan 2014.  

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

·    To protect the environment.

·    To preserve the amenity of the area. 

·    To ensure adequacy of services to the development.

·    To ensure public health and safety.

·    To ensure compliance with Section 68 of the Local Government Act 1993.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.8 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy              13.8 - Attachment 2

Draft Bangalow DCP

Issues raised during consultation with the Community in May 2015 that are outside the scope of the DCP and could be considered in a Masterplan for Bangalow

·    20-30 year vision required

·    Caravan parking, accommodation – no provision

·    Railway siding potential for better use eg.  parking

·    Needs to look beyond B2 zone

·    Developer Funded Masterplan

·    Accommodation needed for tourists

·    RMS – land excess – industrial possibilities or caravan park site

·    Affordable housing and retirement village needed

·    Review traffic flow. eg. enable one way through Station Street north towards Leslie Street following the railway land south west to roundabout and back round to Byron Street with additional parking provided on railway land

·    Traffic – an increasing number of rural residents travel into Bangalow. This will increase when secondary dwellings permitted on rural land

·    Difficult to visualise Station Street without addressing traffic flow

·    Ensure captured info/views of tonight again value to MasterPlan process

·    Second crossing of railway line – history of investigation

·    Lineal – ‘gun barrel’; what about a meeting place

·    Walking pedestrianised areas/ Walking distance - live close

·    Speed Zone for Village Centre should be 40 kmh like Clunes.

-      Needs to be enforced

-      Better signage to slow traffic down “Bangalow is a village slow down” etc Like Clunes

-      Speed cameras

 

School

·    Location – is it suitable/ viable for growing community?

·    School bus stop

·    pedestrian crossing at end of Station Street on Byron Street – danger issues (history of a proposal by Council about 2 years ago)

·    School access – safe access for kids required, pick up and drop off needs to be addressed.

·    Will the Primary School exist and remain in the same location into the future?

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy              13.9 - Attachment 1

 

 

 

Byron Shire Council Rural Land Use Strategy

 

Site Suitability Criteria & Mapping Methodology

 

 

 

 

 

 

 

 

 

 

September 2015

 


 


 

Site Suitability Criteria & Mapping Methodology

Table of Contents

1    Introduction                                             

1.1 Background

1.2  Purpose of the Site Suitability Criteria and Mapping Methodology Paper

1.3  Study Approach

 

2    Site Suitability Criteria Methodology and Data   

Table 1 : Constrained Land

Table 2 : Assessable Land

Table 3 : Service Catchment and Road Infrastructure Priorities for Rural Development

3    Constrained Land                                                                  

3.1  Primary Production Land

3.2 High Conservation Value Vegetation

3.3  Water Supply Catchment Buffer

3.4  Mineral Resources

3.5  Slopes

3.6   Bushfire

3.7  Buffers to Waster Disposal Facilities and Sewerage Treatment Plants

3.8  Acid Sulfate Soil Classes 1 and 2

3.9  Other excluded zones

 

4    Assessable Land

4.1  Sensitive Rural Land Uses

4.2  Non Contiguous and Prime Agricultural Land

4.3  Biophysical Strategic Agricultural Lands

4.4  Scenic Amenity and Rural Landscape

4.5  Category 1 & 2 Bushfire Vegetation

4.6  1:100 Year Flood Risk and Climate Change; and Coastal Erosion Planning Precincts 1 and 2

4.7  Vehicle Access Safety and Risk

4.8  Wildlife Habitat and Corridor Enhancement

4.9  Indigenous Cultural Heritage

 

5    Service Catchment and Road Infrastructure Priorities for Rural Development

5.1 Service Catchment Priorities

5.2 Road Infrastructure Priorities for Future Rural Lifestyle Living Opportunities

 

 

[THIS PAGE IS INTENTIONALLY LEFT BLANK]

 


 

1. Introduction

1.1    Background

 

Byron Shire Council is developing a Rural Land Use Strategy. The Rural Land Use Strategy will provide a strategic framework for the management and use of rural land for living, working and leisure. It will guide future land zoning and other planning instruments such as Local Environmental Plans.

It will also identify a range of rural land use actions/outcomes and include a delivery program for future rural development, taking into account existing land supply.

 

Main Stages to develop the Rural Land Use Strategy

 

Text Box: We are here

 

 

1.2    Purpose of the Site Suitability Criteria and Mapping Methodology Paper

 

The purpose of this document is to provide a comprehensive framework for determining future rural development potential based on a range of natural resource management, risk avoidance and social/economic servicing criteria.  This in turn will inform the development of a related Policy Directions paper and the Rural Lands Strategy.

 

 

1.3    Study Approach

 

The Department of Planning and Environment are preparing a North Coast Regional Plan to replace the Far North Coast Regional Strategy. In preparing the criteria and mapping methodology, staff liaised with the Department to ensure that the Rural Land Use Strategy mapping methodology direction is consistent with the policy principles of the working draft North Coast Regional Strategy.  The criteria were also informed by other relevant State, regional and/or local planning documents and best practice planning principles.

2. Site Suitability Criteria Methodology and Data

The process for selecting potential land for tourism, conventional rural residential, Multiple Occupancies, Community Title  or other non-agricultural land uses (herein referred to as ‘future rural development’) is outlined below. The aim is to ensure that future rural development occurs within the context of Byron Shire's environmental, economic and social requirements.

 

In identifying potential future rural development land, site suitability criteria were used to map the following categories of land:

 

1.   [a4] Constrained Land

This identifies areas where any of the criteria listed in Table 1 are present. Constrained land will not be considered for future rural development as it includes important environmental and resource values and/or issues of risk avoidance. These constraints by their degree and nature preclude the land from development.

 

2.   Assessable Land

This identifies areas not encumbered by any of the Constrained Land criteria in
Table 1 but potentially affected by one or more of the criteria listed in Table 2. Assessable Land
[a5] encompasses environmental, economic and/or risk avoidance criteria which may not necessarily preclude future rural development on the land but rather indicate a need for more detailed site specific investigations to determine the site’s full development potential. The criteria in Table 2 are not comprehensive and there may be other matters which need to be taken into consideration to determine a site’s development potential.

 

3.   Unconstrained Land

This identifies areas that are neither encumbered by Constrained Land criteria (Table 1) nor affected by Assessable Land criteria (Table 2).

 

4.   Future Rural Development Priorities

This identifies priorities for future rural development of Unconstrained Land and Assessable Land using the Service Catchment and Road Infrastructure Criteria in Table 3. This reflects the premise that future rural development should be within a reasonable distance of village and town services and be provided with a standard of road access that does not place a financial burden on the wider community.  From a service catchment standpoint, priority will be given to land within 2km of a rural village, public primary school, general store or community hall or 5km of a [a6] town containing a high school (Mullumbimby and Byron Bay) as follows:

·    Priority 1: Unconstrained Land within a 2km/5km service catchment 

·    Priority 2: Assessable land within a 2km/5km service catchment 

·    Priority 3: Unconstrained Land outside 2km/5km service catchments

[a7] 

In considering future rural lifestyle living opportunities (ie. multiple occupancy; conventional / community title rural residential subdivision) the following road infrastructure criteria has been applied to the above priorities:

·    Priority 1 & 2 land — must be capable of providing an acceptable standard of road infrastructure at no cost to the wider community

Priority 3 land outside 2km/5km service catchments is unlikely to be considered for future rural lifestyle living opportunities.

 

Note: Land in the “unconstrained” and “assessable” land categories do not infer development rights; it merely identifies land that is potentially suitable for future rural development.

 

Table 1: Constrained Land

Criteria

Supporting Planning Framework

Primary Production Land

 

-    Land zoned RU1 Primary Production in LEP 2014;

-    deferred matters relating to 1(b1) or 1(b2) Agricult-ural Protection in LEP 1988;

-    S117 land mapped as State/Regionally Significant farmland (excluding non-contiguous)

 

 

State / Regional

·      Far North Coast Regional Strategy 2006-31

·      S117 Direction 5.3 / Northern Rivers Farmland Protection Project - Final Recommendations, February 2005 (Section 4)

·      Draft Far North Coast Regional Growth Plan ‘guidelines’

Local

·      Byron Shire Sustainable Agriculture Strategy (2004)

·      Rural Land Use Strategy Discussion Paper – community feedback

·      Byron Rural Settlement Strategy 1998

·      Tweed Shire Rural Land Strategy –Resource Inventory & Land Capability Assessment (Dec, 2013)

·      Lismore Growth Management Strategy 2015-2035

 

High Conservation Value Vegetation

 

Land containing high conservation value vegetation

 

State / Regional

·      State Environmental Planning Policy No. 14 (Coastal Wetland)

·      State Environmental Planning Policy No. 26 (Littoral Rainforest)

Local

·      Byron Rural Settlement Strategy 1998

·      Byron Biodiversity Conservation Strategy 2004

·      Lismore Growth Management Strategy 2015-2035

 

Water Supply Catchment Buffers

 

Land within a drinking water catchment and 100m of a major creek / waterway

 

 

Local

·      Byron Rural Settlement Strategy 1998

·      Byron LEP 2014, Clause 6.5 – Drinking Water Catchments (objectives)

·      BSC Design Guidelines for On-Site Sewage Management for Single Households (2004)

·      Rous County Council draft DCP

 

Mineral Resource

 

s117 mineral resource lands, including transitional and potential areas

 

State / Regional

·      S117(2) Direction 1.3 – Mining, Petroleum Production and Extractive Industries

·      Mineral Resources Audit (mapping)

Local

·      Byron Rural Settlement Strategy 1998

 

Slope

 

Land with  slope > 32%

 

State / Regional

·      Planning for Bushfire Protection 2006

Local

·      BSC Design Guidelines for On-Site Sewage Management for Single Households (2004)

Byron Rural Settlement Strategy 1998·           

·      Lismore Growth Management Strategy 2015-2035

 

Extreme Bushfire Risk

 

Land containing Bushfire Category 1 vegetation

and

Slope >20%

 

 

State / Regional

·      Planning for Bushfire Protection 2006

·      Lismore Growth Management Strategy 2015-2035

Local

·      Byron Rural Settlement Strategy 1998 (>20% slope)

 

Buffers to waste disposal facilities and sewage treatment plants

 

Land within buffer to

sewage treatment plant (400m) OR

waste disposal facility (500m)

 

 

Local

·      Byron Rural Settlement Strategy 1998

·      Byron Development Control Plan 2010 & 2014 (Chapter B6 – Buffers)

 

Acid Sulfate Soils (ASS)
Classes 1 and 2

 

Land within

ASS Risk Class 1 or 2

 

Local

·      Byron Rural Settlement Strategy 1998

·      Byron LEP 2014, Clause 6.1 – Acid Sulfate Soils
(risk classes 3-5 considered manageable)

Other Excluded Zones

Land outside the following zones:

Byron LEP 2014:

RU2 Rural Landscape

R5 Large Lot Residential

RU5 Village

AND

Byron LEP 1988 (only where “deferred” from LEP 2014):

1(a) General Rural

1(d) Investigation

7(d) Scenic/Escarpment

 

State / Regional

·      Far North Coast Regional Strategy 2006-31

Local

·      Byron Rural Settlement Strategy 1998

 

 

 

 


 

 

Table 2: Assessable Land  (1)

Criteria

Supporting Rationale[s8] 

Sensitive Rural Land Uses

 

Assess potential impacts associated with rated farmland activities in terms of:

·      Location

·      Operation

·      Processing

To determine farming activity clusters and suitable buffers (including ex-dip sites) to minimise conflict between farming and  non-farming land uses

 

Recognition of: the importance of farmland and agriculture; the changing nature of agriculture and key trends, demands and issues affecting agriculture; and the economic advantages associated with industries that cluster or diversify. 

Builds on the Byron Rural Settlement Strategy principles and Byron Shire DCP 2014 – Chapter B6 – Buffers and Minimising Land Use Conflict.

Consistent with planning strategies and principles outlined  in Living and Working in Rural Areas (NSW DPI, 2007).

 

Non Contiguous and Prime Agricultural Lands

 

Assess Non-contiguous State/ Regionally Significant farmland and

prime agricultural land (classes I, 2 and 3 as identified by NSW Agriculture) outside the Primary Production Land identified

in Table 1

 

Consistent with Northern Rivers Farmland Protection Project – Final Recommendations (February, 2005).

Consistent with community feedback on Rural Land Use Strategy Discussion Paper.

Potential development should be subject to merit-based assessment of the agricultural value and future economic viability of such land.

 

Biophysical Strategic Agricultural Lands

 

Assess biophysical strategic agricultural lands

 

Biophysical Strategic Agricultural Land (BSAL) is land with high quality soil and water resources capable of sustaining high levels of productivity.

BSAL mapping important for managing competing land uses proposed on high quality agricultural land.

Consistent with DP&E advice that future rural settlement should generally avoid areas mapped as BSAL.

 

Scenic Amenity and Rural Landscape

 

Assess land zoned

7(d) Scenic/ Escarpment 

in Byron LEP 1998 (only where “deferred” from LEP 2014)

 

Consistent with Byron Rural Settlement Strategy site suitability criteria and community feedback on Rural Land Use Strategy Discussion Paper

 

Criteria

Supporting Rationale[s9] 

Category 1 & 2

Bushfire Vegetation

(excluding “Extreme”

bushfire risk areas in Table 1)

 

Assess the capacity for development that does not encroach on Category 1& 2 vegetation

 

Adapted from Byron Rural Settlement Strategy site suitability criteria

Future development must satisfy Planning for Bush Fire Protection 2006 requirements.

 

-   1:100 year Flood risk + Climate Change

-   Coastal Erosion Planning Precincts 1 & 2

 

Assess the capacity for development to be safe and capable of managing flood and/or coastal

erosion risks

 

Adapted from Byron Rural Settlement Strategy site suitability criteria relating to flooding.

Future development subject to LEP 2014 Clause 6.3 – Flood Planning

 

Vehicle access safety and risk

 

Assess vulnerability of essential access roads to:

-   Bushfire Category 1,  or

-   Landslip  - sections of road having a history of landslip

 

Ensure adequate evacuation routes

 

Future development may be subject to minimum design standards being in place to reduce vulnerability of road infrastructure to the following risks:

Bushfire – where access roads cannot provide safe (or alternative) access, egress and defendable space for emergency services during event.

Landslip – where sections of road have become unusable for long periods of time following the event (eg. Upper Wilsons Creek).

Wildlife Habitat and Corridors Enhancement

 

Assess potential for enhancement of wildlife corridors

 

Recognises role of wildlife corridors in minimising impacts (direct or indirect) from adjoining land uses and encouraging the recovery of threatened species, communities, populations and their habitats.

 

Indigenous Cultural Heritage

 

Consult with traditional owners (where applicable) in accordance with process established by Council

Recognises that Byron Shire contains a wealth of Aboriginal cultural sites which include middens, stone arrangements, rock shelters and tool-making sites.  Many of these are not mapped due to their cultural sensitivity.

 

(1)  This Assessable Land criteria list is not absolute and that there may be other matters which require more detailed assessment at the rezoning or DA stage to determine site suitability.  This may include, for example, consideration of indigenous cultural heritage values through formal consultation with traditional owners or site contamination history.

 

 

Note:  Mapping of individual assessable constraints would not be included as part of the final Rural Land Use Strategy.  Instead an interactive PDF would be created for community access that would provide mapping layers on the assessable constraints

 


 

 

Table 3: Service Catchment and Road Infrastructure Priorities for Rural Development

                     Criteria       

Supporting Rationale

A. Service Catchment Priorities
(apply to all future rural development)

 

Determine development priorities based on proximity to town and village service catchments as follows:

 

·      Priority 1: Unconstrained land within 5 km of a town containing a high school (Mullumbimby and Byron Bay) or 2km of a rural village, public primary school, general store or community hall catering to the needs of that locality

 

·      Priority 2: Assessable land within 5 km of a town containing a high school (Mullumbimby and Byron Bay) or 2km of a rural village, public primary school, general store or community hall catering to the needs of that locality

 

·      Priority 3: Unconstrained  land outside  a service catchment

 

A ‘service catchment’ approach maximises opportunities for people to access basic services and connect with each other both socially and economically.  It also facilitates economies in service provision such as a rural school bus service.

Consistent with service catchment criteria in Byron Rural Settlement Strategy1998 and Lismore Growth Management Strategy 2015-2035.

Consistent with Guidelines for Rural Settlement on the North Coast of NSW (DUAP, 1995).

 

 

 

B. Road Infrastructure Priorities (apply to future rural lifestyle living opportunities)

 

Further assessment of above priorities against:

·      capacity / condition of relevant road network;

·      costs to wider community of proceeding with potential rural lifestyle living precincts.

 

 

 Future rural lifestyle living opportunities include: conventional rural residential subdivision; multiple occupancies; and community title subdivision.

 

 

 

 

 

 

 

 

This determines land suitability in the following order of priority:

 

·      Priority 1 & 2 service catchment areas – only where relevant road segments can be upgraded at no cost to wider community.

 

Priority 3 land is unlikely to be considered for future rural lifestyle living opportunities within the timeframe of this strategy.

 

 

Priority areas for future rural lifestyle living should be within reasonable distance of village and town services and have adequate road infrastructure (both condition and capacity) that will not place a financial burden on the wider community.  That is, any required road upgrade to achieve an acceptable standard will need to be provided at no cost to wider community.

This economic imperative is supported by the following documents:

Byron Shire Council Financial Sustainability Project Plan (Asset Management Strategy)

Council Improvement Program (June2015)

Byron Rural Settlement Strategy1998

Guidelines for Rural Settlement on the North Coast of NSW (DUAP, 1995)

 

 

 

 

 

 


 

3. Constrained Land

Certain land has been excluded from consideration for future rural development as it makes good environmental, economic and social sense. We need to safeguard the quality of the natural environment and the integrity of our natural resources. Similarly, we should not put the environment, people and assets at risk or in hazardous situations.

 

The criteria for identifying ‘Constrained Land’, as listed in Table 1 above, are detailed below.

 

3.1    Primary Production Land

Good agricultural land provides primary production in Byron Shire with an inherently unique advantage in productivity, diversity and adaptability. As a finite and irreplaceable resource it should be conserved and sustainably managed. The North Coast Urban Planning Strategy (1995), the NSW Coastal Policy (1997), the Northern Rivers Regional Strategy (1999), the Northern Rivers, Upper North Coast and Mid North Coast Catchment Blueprints (2002) and the Northern Rivers Farmland Protection Project 2005 all support this position. 

 

The Northern Rivers Farmland Project reviewed earlier investigations regarding prime agricultural land and took into account the need to distinguish between very high quality and unique agricultural soils/lands and other lands that were also important to agriculture but which were more extensive and less productive generally per unit area. It identified two relevant levels of agricultural land – State and Regionally Significant. Fundamental to this project was the identification, recognition and protection of contiguous quality farmland to limit the likelihood of displacement of agricultural use by residential use and fragmentation.

 

Primary Production Land is included on Map xx of Appendix XX.  The data used to inform this map is:

 

Description

Data layers used

Data custodian

-    Land zoned RU1 Primary Production in LEP 2014;

-    Deferred matters relating to 1(b1) or 1(b2) Agricultural Protection in LEP 1988;

 

1998 / 2014 LEP Zoning

 

Byron Shire Council

S117 land mapped as State or Regionally Significant farmland

 

“Northern Rivers Farmland Protection Project, Final Map 2005 (Section 117(2) Direction)”

NSW Dept of Planning & Environment (formerly Dept of Infrastructure,  Planning and Natural Resources)

 

For strategic planning purposes State or Regionally Significant farmland (excluding non-contiguous) and land zoned for primary production purposes represent constrained land.

 

 

3.2    High Conservation Value Vegetation

Byron Shire covers about 56,000 hectares of which 68% is cleared land, plantations and disturbed remnant vegetation. The ongoing loss of biodiversity is perhaps our most serious environmental problem. The protection and enhancement of high conservation value vegetation provides a foundation from which to address this problem.

 

In 2015, Council reviewed the vegetation mapping. Mapping was initially carried out in 1999 as part of the Byron Flora and Fauna Study and was partly reviewed in 2007. The 2015 review has improved the accuracy of the mapping and reflects changes in vegetation extent and composition over time.  The review used a combination of aerial photograph interpretation (API) primarily using 2014 aerial data, existing information such as, vegetation survey data from various Council and state government projects, and on-ground site inspections.

 

Vegetation was mapped using the State Government’s Vegetation Information System (VIS) Classification 1. database to ensure consistency with NSW standards. This system uses three levels; vegetation formations, vegetation classes and plant community types. The plant community type classification provides the most detailed description of vegetation and was developed by the state government to provide a standard approach to vegetation classification and mapping.

 

This mapping provides the foundation on which to determine high conservation value vegetation and habitats (HCV).  HCV has been determined using a relative ecological value matrix as described in the Byron Biodiversity Conservation Strategy 2004 (Part 3).  Areas with a combined score of 27 or more are regarded as HCV.

 

 

The High Conservation Value Vegetation is included on Map xx of Appendix XX.  The data used to inform this map is:

 

Description

Data layers used

Data custodian

Land containing high conservation value vegetation and habitats

 

HCV Vegetation Map (2015)

 

Byron Shire Council

 

For strategic planning purposes high conservation value vegetation and habitats represent constrained land.

 

1.  For information on the State Government’s Vegetation Information System (VIS) Classification go to: www.environment.nsw.gov.au/research/Visclassification.htm

 

 

3.3    Water Supply Catchment Buffers

Regional water resources including watercourses, dams and estuaries are of economic, social and environmental significance both within the Shire, North Coast Region and beyond. They support urban and rural water supplies and a range of tourism and recreational activities.

 

Water supply catchments are areas from which surface water drains (via runoff) to a reservoir or water storage facility.  The local government areas of Byron, Lismore and Ballina source their urban water supplies from three rural catchments: Wilson Creek, Rocky Creek Dam and Emigrant Creek. Their water quality is directly influenced by the type of land uses and management practices occurring within these catchments.  Some of impacts of inappropriate rural land uses and/or poor land management practices can include toxic algal blooms, soil erosion, falling water tables and increased water treatment costs.

 

Future rural development should have a neutral or beneficial effect on downstream water quality.  As rural dwellings within urban water supply catchments are generally not sewered and instead rely on on-site wastewater management systems, requiring a 100m separation distance between a permanent water course and wastewater management system can substantially reduce likelihood of pathogens entering the water supply. This is known as a ‘water supply catchment buffer’.

 

Water supply catchment buffers are shown on Map xx of Appendix XX.  The data used to inform this map is:

 

Description

Data layers used

Data custodian

Land within a drinking water catchment and 100m of a major creek / waterway

 

Water catchment supply 2014

 

Create 100m buffer around major creeks / waterways

 

Byron Shire Council

 

For strategic planning purposes all land within a drinking water catchment and within 100m of a major watercourse (namely Wilsons River, Coopers Creek, or Rocky Creek and Skinners Creek) represents constrained land.

 

(Sources: Rous Water On-site Wastewater Management Guidelines, June 2008;

  South East Queensland Development Guidelines for Water Quality Management in Drinking Water
   Catchments).

 

 

3.4    Mineral Resources  

Quarry materials are essential to the construction industry. Section 117 Planning Direction ‘1.3 – Mining, Petroleum Production and Extractive Industries (Environmental Planning and Assessment Act 1979), seeks to ensure that future extraction of mineral resources and extractive materials is not compromised by inappropriate development.

 

Extraction can only occur where geological deposits are located. Transportation costs are a significant cost factor. To keep costs down and remain largely self sufficient, we need to ensure that local supplies are available in sufficient quantity to satisfy current and future demands.

 

Inappropriately located land uses can effectively alienate, or even sterilise a resource.  A
1 km buffer taken from the boundary of identified resources can be an effective means to prevent land use conflicts and protect important mineral resources.

 

Mineral Resources (identified, transitional and potential) are shown on Map xx of Appendix XX.  The data used to inform this map is:

 

Description

Data layers used

Data custodian

s117 mineral resources, including transitional and potential areas

 

Mineral resources - Areas of proven natural resource significance (2015)

 

NSW Dept of Mineral Resources

 

For strategic planning purposes all Section 117(2) mineral resource lands, including transitional and potential areas, represent constrained land.

 

 

3.5    Slope

Slope is a significant factor affecting effluent disposal, stormwater runoff, bushfire risk, erosion and vehicular access. For example, slopes in excess of 20% (11.3 degrees) can pose wastewater treatment system installation problems, while slopes greater than 15% (8.5 degrees) may prevent treated wastewater from being evenly distributed to the land, thereby adversely affecting the performance of the system.  At the same time erosion resulting from developing on steep slopes can in turn have significant water quality impacts.  Land with slopes over 32% is considered unsuitable to most forms of future rural development, particularly habitable structures.

 

Land with a Slope > 32% is indentified on Map xx of Appendix XX.  The data used to inform this map is:

 

Description

Data layers used

Data custodian

Slope > 32%

 

Slope percentage – 1 meter hybrid (2015)

Contour data (10m)

 

Byron Shire Council

 

 

For strategic planning purposes all land having slopes in excess of 32% (approx 18 degrees) represents constrained land.

 

(Sources:   http://www.ga.gov.au/scientific-topics/hazards/landslide/basics/causes
              
Design Guidelines for On-Site Sewage Management for Single Households – Byron Shire Council
                  

 

 

3.6    Bushfire

Byron Shire is fortunately located in a region which enjoys reasonably high rainfall throughout much of the year. However, at certain times of the year and under certain weather conditions, many areas of the Shire can become high to extreme fire risk areas. Bush fire is a major challenge for the community. The CSIRO predicts that climate change will contribute to harsher fire weather for Eastern Australia with an increase in the number of days having a severe bushfire rating.

 

All developments on land that is designated as bush fire prone must satisfy the requirements of Planning for Bush Fire Protection 2006 and AS3959 – 2009.  

 

A key consideration in mitigating bushfire hazard is avoidance of high risk areas. In August 2002, the State government introduced legislation to provide significant improvements in bush fire safety. This included a requirement for all councils to prepare a bush fire prone land map as the basis for more detailed investigations to determine what bush fire protection measures are applied to new development.

 

Byron Shire has two Bushfire Prone Categories based on vegetation types. Category 1 vegetation (essentially areas of forest, woodlands, tall and short heaths, forested wetlands and timber plantations) generally hold the highest risk factor.  Studies by bush fire authorities have shown that bushfires are likely to travel twice as fast up 10 degree slopes (as opposed to flat land) and up to four times faster on 20 degree slopes.  This can result in certain Category 2 vegetation types (essentially grasslands, freshwater wetlands, semi-arid woodlands, arid shrublands and rainforests) on such slopes also having a high risk factor.

 

For strategic planning purposes all land having Category 1 bushfire vegetation on slopes greater than 20% (11.3 degrees) represent an ‘extreme’ fire risk and hence are constrained land.  All remaining Category 1 and 2 vegetation outside extreme fire risk areas represent assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

 

 

Constrained and assessable bushfire risk is identified on Map xx and Map xx (respectively) of Appendix XX.  The data used to inform this map is: