Attachments of Ordinary Meeting

BYRON SHIRE COUNCIL

Ordinary Meeting

Public bsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 19 November 2015

13. Staff Reports

Corporate and Community Services

13.1 Council Resolutions Review July to September 2015

Attachment 1... Completed Resolutions for the period 1 July to 30 September 2015........ 3

Attachment 2... Outstanding Resolutions as at 30 September 2015................................ 47

13.3 Budget Review - 1 July 2015 to 30 September 2015

Attachment 1... Budget Variations for General, Water and Sewerage Funds................ 147

Attachment 2... Itemised Listing of Budget Variations for General, Water and Sewerage Funds 212

Attachment 3... Integrated Planning and Reporting Framework (IP&R) required Quarterly Review Statement............................................................................................... 219

Sustainable Environment and Economy

13.8 PLANNING - Planning Proposal - For finalisation of rezoning of private land and reclassification of community land adjacent to Bangalow Bowling Club

Attachment 1... Planning Proposal - Newton Denny Chapelle....................................... 235

Attachment 2... Public Hearing Report - Planners North................................................ 303

13.9 Coastal Hazard Management Study Byron Bay Embayment

Attachment 1... Executive Summary Coastal Hazard Management Study Byron Bay Embayment............................................................................................................... 310

Attachment 3... Office of Environment and Heritage comments, dated 18/8/15........... 319

Attachment 4... Office of Environment and Heritage comments on cost benefit analysis, dated 28/10/15................................................................................................. 325

Attachment 5... DPI Crown Lands comments, dated 16/10/15...................................... 331

Attachment 6... Letter from Rob Stokes, Minister of Planning, Draft Coastal Zone Management Plan, dated 19/10/15.............................................................................. 339

13.10 Report of 15 October 2015 meeting of the Coastal Zone Management Plan Byron Bay Embayment Project Reference Group

Attachment 1... Minutes of 15 October 2015 meeting - Coastal Zone Management Plan Byron Bay Embayment Project Reference Group................................................. 340

Attachment 2... Constitution Coastal Zone Management Plan Byron Bay Embayment Project Reference Group 8 October 2015......................................................... 344

13.11 PLANNING - Rural Land Use Strategy - Draft Policy Directions Paper

Attachment 1... Rural Land Use Strategy - draft Policy Directions Paper...................... 351

Attachment 2... Form of Special Disclosure of Pecuniary Interest................................. 365

Infrastructure Services

13.13 Update on Proposed Road and Bridge Names

Attachment 1... Map of Proposed Lane Names.............................................................. 367

Attachment 2... Map of Shady Lane (Eucalyptus).......................................................... 371

13.14 Request to Purchase Strip of Council Operational Land at Matong Drive, Ocean Shores

Attachment 1... Letter from Callum Sked - formal request to purchase a portion of Council owned land ........................................................................................................ 377

Attachment 2... Letter from Planit re10.2014.743.1 seeking Agreement with Council that appropriate conditions of purchase be included on the Development Consent for 2 Kulgan Court Ocean Shores........................................................................................ 379

Attachment 3... Letter from Callum Sked - Formal request to purchase a portion of Council owned land ........................................................................................................ 381

Attachment 4... Response to Planit regarding proposal to purchase Council land for purpose of DA 10.2014.743.1 dated 20 February 2015................................................. 389

14. Reports of Committees

Corporate and Community Services

14.1 Report of the Internal Audit Advisory Committee Meeting held on 22 October 2015

Attachment 1... Minutes of the Internal Audit Advisory Committee Meeting held on 22 October 2015............................................................................................................... 391

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.1 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.10 - Attachment 1

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CONFIRMED MINUTES OF THE COASTAL ZONE MANAGEMENT PLAN BYRON BAY EMBAYMENT (CZMP BBE) PROJECT REFERENCE GROUP MEETING

Date of Meeting:	15 October 2015
Time Commenced:	9.00 am

PRESENT:	Convenor/ Facilitator:	Catherine Knight
	Community Members:	John James (Byron Preservation Association) Dailan Pugh (Byron Residents Action Group)
	Agency Members:	Ben Fitzgibbon (Office of Environment and Heritage, National Parks, Dept Planning & Environment), Kevin Cameron (Dept Primary Industries, Lands)
	Councillor Members:	Duncan Dey, Sol Ibrahim, Simon Richardson
	Staff (Members):	Shannon Burt (Director Sustainable Environment and Economy) Catherine Knight (Coastal and Estuary Officer)
	Staff (non Members)	Sharyn French (Manager Sustainable Environment & Economy) Michelle Chapman (Administration Officer / Minute taker)
APOLOGIES:	Agency Members:	Andrew Page / Dave Maguire (Cape Byron Marine Park)

Agenda Items (# E2015/66768)

No.	Item	Who	Time	Complete
1.	Meeting Opened 9.10am	Shannon Burt	5 mins	9.00 to 9.05
2.	Appoint Chairperson · Cr Dey was appointed as Chairperson and acknowledged that the meeting was being held on Bundjalung Country.	Councillors	10 mins	9.05 to 9.15
3.	Apologies · Andrew Page / Dave Maguire (Cape Byron Marine Park) · Cr Basil Cameron · Cr Rose Wanchap · Delta Kay (Bundjalung of Byron Bay (Arakwal)	Chairperson	5 mins	9.15 to 9.20
4.	Confirm membership of PRG and introductions · Members as per Constitution and listing above, noting also Andrew Page or Dave Maguire (alternate), who are an apology, will be Agency Members for the Cape Byron Marine Park. · Ben Fitzgibbon from Office of Environment and Heritage will also be representing National Parks and Dept Planning & Environment and will therefore count as 3 members for the purpose of meeting quorum. · Kevin Cameron from Dept Primary Industries, Lands advised Brendan Logan would be an alternate DPI (Lands) member.	Chairperson	5 mins	9.20 to 9.25
5.	Confirmation of a Quorum · 8 PRG members (including 2 Councillors) are required for quorum, noting Ben Fitzgibbon as 3. · Quorum confirmed · Discussion re minutes and that all points of view will be recorded – minutes will be confirmed at end of the meeting	Chairperson	5 mins	9.25 to 9.30
6.	Overview constitution and related policies (see attached Constitution, Code of Conduct Policy, Privacy Management Plan, Work Health Safety Policy) · Members were briefed on the Constitution. · Code of Conduct Policy, Privacy Management Plan, Work Health Safety Policy were also noted and PRG requested to complete Code of Conduct acknowledgment. · 3 Members returned Code of Conduct acknowledgment form. Councillors have already completed form. · The meaning of ‘confidentiality’ was discussed, e.g. whether it is appropriate to discuss PRG matters and to share Council documents with Member’s constituents.	Catherine Knight	20 mins	9.30 to 9.50
	Recommendation (Cr Dey): Amend the constitution at point 3 – ‘Timeframe for Group’ should read - “…..shall conclude when the CZMP is certified by the Minister” Action: Members to return Code of Conduct forms Action: Staff to obtain further advice on the meaning of confidentiality for the PRG
7.	Declarations of Interest – Pecuniary and Non-Pecuniary · There was 1 declaration of pecuniary / non pecuniary interest · John James tabled a Declaration of Interest (#E2015/67145) · Dailan Pugh requested that Councillors record whether they have received funding or support from affected landowner/s · Sol Ibrahim declared that to the best of his knowledge he has no pecuniary or non pecuniary interest.	Chairperson	5 mins	9.50 to 9.55
	Action: Staff to obtain advice re declaration required
8.	Overview objectives of PRG · The objectives of the PRG were discussed.	Catherine	15 mins	9.55 to 10.10
9.	Update on CZMP preparation process · An update on the CZMP preparation process was provided, refer # E2015/66831. · The draft management study was discussed and the implications of Res 15-476 (part 4) on the management study and section 55c(1)(g) of the Coastal Protection Act. · The PRG recommends that the draft CZMP identifies a feasible and achievable sand nourishment system including source or impact mitigation strategy, in case it is required.	Catherine	15 mins	10.10 to 10.25
10.	Overview timeframes for the three PRG activities · An overview of the timeframes for the PRG objectives was provided, refer # E2015/66831 · CZMP timeframes to be amended such that the PRG meeting on the 17 December will consider both draft CZMP and the draft exhibition consultation strategy. · If possible, the draft CZMP will be distributed prior to the 10 December, or parts thereof. · CZMP timeframes to be amended such that the CZMP exhibition date be as soon as possible after it is adopted by Council for exhibition. · That the CZMP exhibition period be considered for longer than the minimum statutory requirement of 21 days.	Catherine	15 mins	10.25 to 10.40
11.	Date and Time of Next Meeting · Proposed 17 December 2015 (before SPC).	Chairperson	10 mins	10.40 to 10.50
	Action: Conference room to be booked, agenda and reports to be circulated at least 7 days prior	Catherine / Michelle
12.	Confirm Minutes · The Minutes, at #E2015/65518 were confirmed by all Members. · As per Constitution, Minutes to be reported to Council ‘when required’, discussion concerning whether these Minutes should be reported to next available Council Meeting 19/11/15.	Chairperson	10 mins	10.50 to 10.55
	Action: Minutes to be reported to 19 November 2015 Council meeting.
13.	Meeting Closed – 11.00am	Chairperson	5 mins	10.55 to 11.00

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.10 - Attachment 2

Table of Contents

1. Preamble. 2

2. Objectives. 2

3. Timeframe for Group. 2

4. Membership. 2

5. Chairperson. 3

6. Quorum.. 3

7. Confidentiality. 3

8. Convenor/Facilitator 3

9. Convening Meetings. 3

10. Reporting. 3

11. Meetings Open to the Public. 3

12. Invited Guests. 3

13. Audio Taping of Meetings. 4

14. Vacation of Office. 4

15. Publicity. 4

16. Records of meetings (agenda and reports) 4

17. Section 377 Delegation. 5

18. Miscellaneous. 5

1.
Preamble

The Project Reference Group is a Group formed by the Council and does not have executive power or authority to implement actions.

The role of the Project Reference Group is to carry out specific objectives as stated in this Constitution.

2. Objectives

The purpose of the Coastal Zone Management Plan Byron Bay Embayment (CZMP BBE) Project Reference Group is:

a) Review draft CZMP BBE and provide feedback to staff prior to the tabling of the draft CZMP BBE at a Council meeting, and prior to the draft CZMP BBE being ‘adopted for public exhibition’.

b) Provide feedback, input and support to draft CZMP BBE exhibition consultation and communication activities.

c) Overview submissions provided on the adopted draft CZMP BBE, review and provide feedback to staff on draft CZMP BBE ‘exhibition submissions report’ prior to tabling at Council meeting, and prior to amended draft CZMP BBE being adopted for ‘submission to the Minister’.

The objectives have been confirmed by Council on 27 August 2015 (Res 15-410).

3. Timeframe for Group

The timeframe for the PRG shall coincide with the preparation of the Coastal Zone Management Plan Byron Bay Embayment (CZMP BBE) and shall conclude when the CZMP BBE is submitted to the Minister.

4. Membership

Membership is to include 15 members:

4.1 5 Councillor Members – Cr, Cameron, Dey, Ibrahim, Richardson and Wanchap.

4.2 5 Invited Members from the following agencies - noting that individual staff representatives are subject to nomination and confirmation from the respective agency:

o Coasts and Estuaries, North Coast Unit, Office of Environment and Heritage

o North Region, Department of Planning

o Cape Byron Marine Park

o Byron Coast, National Parks and Wildlife Service

o North Coast, Crown Lands

4.3 1 Invited Member from the Bundjalung of Byron Bay Aboriginal Corporation Arakwal

4.4 2 Community Members:

o one from the Byron Preservation Association and

o one from either BEACON or Byron Residents Group as determined by Council (Resolution 15-410 Ordinary Meeting 27 August 2015).

4.5 2 staff members:

o Coastal and Estuary Officer

o Director Sustainable Environment and Economy (or delegate)

5. Chairperson

The Chair of the PRG be elected from Councillors nominated to the PRG, to be determined at the first meeting. The Chair can delegate their role to another Councillor if unable to attend a meeting.

6. Quorum

A quorum is to constitute at least half the number of members, 2 of which are to be councillors.
i.e. 8 members.

* Staff members are not counted as part of a quorum.

7. Confidentiality

Members of the Project Reference Group will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

8. Convenor/Facilitator

The Convenor/Facilitator of the Project Reference Group in most cases will be the staff member unless otherwise decided by Council.

9. Convening Meetings

Meetings to be held bi-monthly or as required.

10. Reporting

10.1 The reports of meetings (Minutes) are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.

10.2 The project reference group reports to Council when required.

11. Meetings Open to the Public

PRG meetings are not public meetings as they have no executive function. Public transparency is provided for when the reports of these meetings are reported to Council.

12. Invited Guests

The PRG Convenor may request to seek further expertise and consultation as agreed to by the Group and if necessary arrange attendance of a person providing the expertise at a PRG meeting. Any request for information to be at no cost to Council unless a budget is allocated by Council and the expenditure has been authorised in writing by staff with requisite delegations.

13. Audio Taping of Meetings

A PRG meeting may be recorded. If the meeting is being recorded, all PRG members will be advised of this and it will be noted in the Report of that meeting.

Recordings of PRG meetings may involve the recording of personal information provided at the meeting. The recordings will be made to assist with the administration of the PRG. The provision of any information that is recorded is voluntary, however, if any person does not wish to be recorded they should not address the meeting.

The recordings may be made available to other persons where such access is in accordance with the relevant regulations and requirements in this regard, such as under the Local Government Act 1993 or the Government Information (Public Access) Act 2009. The recordings where made will ultimately be stored in Council’s document storage system.

14. Vacation of Office

Any Project Reference Group member wishing to resign from the group shall do so in writing.

Invited Members: If an invited member on the Group who represents an Organisation resigns, an invitation to the Organisation for an alternate delegate will be requested. If no alternate delegate is nominated by the Organisation then that position will become redundant.

Community Members: If a community member resigns and if more than half of the timeframe to complete the PRG’s objectives still exists an alternate delegate can be appointed by the Councillor members. If no alternate delegate has been appointed by Council or the alternate delegate declines to accept the vacant position then that position will become redundant.

15. Publicity

PRG members unless authorised by Council are not to promote or advertise the group’s activities or to speak on behalf of the Committee with the media. Only the Chair can speak on behalf of the Committee with the media.

16. Records of meetings (agenda and reports)

The Convenor/Facilitator of the Group will prepare the Agenda, Progress Reports and Action lists of the Group’s meetings formatted in accordance with Council’s templates.

16.1 The reports of the Group’s meetings are to be reported to Council when required. The PRG’s web page will indicate what meeting Council will be considering the PRG’s reports.

16.2 Reports from each PRG meeting may be placed on Council’s Web Page for access by the public and Councillors after each meeting.

16.3 If the time frame allocated to complete the objective(s) is 6 months or more the Group is to provide a progress report quarterly to Council on its progress.

16.4 At the end of the Group’s term a final status report be presented to Council on the outcomes of each objective.

17. Section 377 Delegation

The Project Reference Group does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff and / or consultants engaged by Council for the purposes of preparing the CZMP BBE.

18. Miscellaneous

18.1 Insurance: All group members are covered by the public liability policy of Council insofar as they are acting in their capacity as a group member, within the scope of the PRG’s Terms of reference and in accordance with the Code of Conduct and statutory obligations. This insurance does not preclude the working group from due diligence and all Council policies must be adhered to.

18.2 Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.

18.3 Pecuniary Interest: Pecuniary Interest may be defined as an interest that a person has in a matter, as a group member or employee of a company or other body, because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person, or another person with whom the person is associated. Such other person includes the spouse or de-facto partner or relative of the group member.

Section 446 of the Local Government Act states that:

“a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests..”

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.

18.4 Privacy: All group members are to abide by Council’s Privacy Management Plan (see http://www.byron.nsw.gov.au/publications?P ) relating to their access to personal information.

18.5 Meeting Practice: If any other issue arises regarding meeting practice not covered under this constitution, it be referred to the General Manager or delegate or if required Council for a determination to be made.

18.6 Work Health Safety: All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 1

Byron Shire Council Rural Land Use Strategy

Draft Policy Directions Paper

November 2015

[THIS PAGE IS INTENTIONALLY LEFT BLANK]

Strategies & Policy Directions

Table of Contents

1 Introduction 5

1.1 Context.............................................................................................................................

1.2 Purpose of the Policy Directions Paper...........................................................................................

1.3 Study Approach................................................................................................................

1.4 Report format..........................................................................................................................

1.5 Key Terms and definitions

1.6 Draft Vision for our rural areas .................................................................................................

2 Our Rural Environment 8

2.1 What we heard - Desired Outcomes...................................... ..............................................

2.2 Background.....................................................................................

2.3 Strategic Aims............................................................................................

2.4 Policy Directions............................................................................................

3 Our Rural Economy 10

3.1 What we heard - Desired Outcomes...................................... ..............................................

3.2 Background.....................................................................................

3.3 Strategic Aims............................................................................................

3.4 Policy Directions............................................................................................

4 Our Rural Community 11

4.1 What we heard - Desired Outcomes...................................... ..............................................

4.2 Background.....................................................................................

4.3 Strategic Aims............................................................................................

4.4 Policy Directions............................................................................................

5 Infrastructure and Servicing 13

5.1 What we heard - Desired Outcomes...................................... ..............................................

5.2 Background.....................................................................................

5.3 Strategic Aims............................................................................................

5.4 Policy Directions............................................................................................

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1. Introduction

1.1 Context

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.

Main Stages to develop the Rural Land Use Strategy

1.2 Purpose of the Policy Directions Paper

The purpose of this document is to establish the broad policy framework for achieving the vision and intended growth management outcomes for rural land use in Byron Shire. It does this by providing strategic aims and policy directions. The Policy Directions Paper links in with the ‘Site Suitability Criteria and Mapping Methodology’ and together both of these documents will inform preparation of the draft Rural Land Use Strategy.

1.3 Study Approach

Since the preparation of the Byron Rural Settlement Strategy 1998, there has been a considerable body of work on rural land use planning in the Far North Coast Region as well as changes in the legislative and policy framework. This includes greater emphasis on protecting good quality farmland and ensuring new local environmental plans (LEPs) can accommodate the changing face of agriculture, such as smaller farms, share farming, leasing or farms comprising a number of separate holdings. The key challenge will be to strike an appropriate balance between enabling economic opportunity, protection of resources and environmental values, improving housing choice and ensuring efficient infrastructure provision.

The draft policy directions build on community feedback from the initial Discussion Paper (Stage 1) as well as take into account best practice rural land use planning principles as informed by:

· relevant Australian and overseas planning literature;

· government agency feedback on the Site Suitability Criteria & Mapping Methodology; and

· feedback arising from Council’s Strategic Planning Committee (SPC) workshops.

1.4 Report Format

The document is organised under the same four themes in the Rural Land Use Strategy Discussion Paper: 1 – Our Natural Environment; 2 – Our Rural Economy; 3 – Our Rural Community; and 4 – Supporting Infrastructure. Within each theme there is a summary of community feedback on the Discussion Paper, a background statement setting out the planning context followed by a set of strategic aims and policy directions.

What is a strategic aim?

Strategic aims are the foundation for more detailed policy directions. They provide a succinct, high level statement of the planning outcome sought within each of the four key themes..

What is a policy direction?

A policy direction is a more detailed statement used to guide the development of the Strategy’s methodology for determining land use suitability, as well other land use planning and design concepts that support a particular strategic aim. The development of policy directions for the future use of rural lands in Byron Shire should comply with relevant statutory requirements, be consistent with the relevant non-statutory plans and guidelines and support the vision for our rural lands.

1.5 Key Terms and definitions

Definitions are provided below to assist the reader’s understanding of key terms used in this document.

Agricultural land use – a subset of rural land used for any of the following agricultural purposes as defined in Byron LEP 2014: aquaculture; extensive agriculture; intensive livestock agriculture; and intensive plant agriculture.

Future rural development – potential land for tourism, conventional rural residential subdivision, Multiple Occupancies, Community Title or other non-agricultural land uses.

Future rural lifestyle living opportunities – refers to conventional rural residential subdivision, multiple occupancies; and rural community title subdivision.

Conventional Rural Residential subdivision – refers to the traditional or “single lot” form of subdivision of lots under Torrens Title (or freehold land) that is common to many rural residential estates in Byron Shire; often not associated with any form of agriculture.

Multiple Occupancies – are a form of rural settlement which enables a group of people to collectively own a single allotment of land and use it as their principal place of residence. Common ownership of land is established through tenants in common, trust membership, co-operative shareholding, company shareholding or partnership.

Rural Community Title Subdivision – where there is internal (freehold) ownership of rural house lots and common ownership of residue land containing driveways, access roads, shared facilities etc.

Future rural tourism development – rural tourist cabins, bed & breakfast establishments, farm stay accommodation, etc. used for short term accommodation

Future urban development = land used for urban purposes including residential, industrial and commercial activities

1.6 Draft Vision for our rural areas

Sustainability for our rural communities, land uses, natural resources and infrastructure through collective responsibility for their protection, management and use

~~(adapted from Byron Rural Settlement Strategy 1998)~~

2. OUR RURAL ENVIRONMENT

2.1 What we heard ……desired community outcomes

· Enhance the rural landscape for future generations by containing our footprint, diminishing adverse environmental impacts and restoring natural ecosystems.

· Work together and actively encourage people to contribute skills and knowledge, pool resources and share the responsibility of achieving sustainable outcomes.

· Be smart in our use of water and waterways to ensure a healthy and reliable water resource for the future.

· Improve our understanding of the rural landscape, how it contributes to our sense of place and liveability, and the ability to strengthen our economy through attracting residents, visitors, business and investment.

· Embrace the knowledge of those who’ve cared for the land for thousands of years and our farmers who have farmed the land for over 100 years.

· Keep our activities clean, reduce consumption and waste and encourage innovative sustainable businesses that manage and use our natural resources (land, water and biodiversity) responsibly.

2.2 Background

Our rural environment is valued for a wide range of reasons by the community. Some value its natural quality and integrity, some feel a strong cultural connection to it, while for others it provides opportunities to restore native vegetation and habitats within the rural landscape. At the same time there is an increasing appreciation of the role that our natural environment and resources play in providing a more resilient economic future for our Shire. Indeed, they offer a range of economic advantages including:

· Ecosystem services and waterways supporting agricultural productivity, drinking water supplies, local climate stability, recovery from unpredictable events and climate change impact mitigation;

· Biological resources that can be drawn on for use as food, medicinal, fibre and other products, breeding stocks, population reservoirs and diversity in genes, species and ecosystems;

· Local supplies of quarry and sand resources, which can minimise local construction costs;

· Scenic and landscape amenity that attracts tourists seeking a rural or nature based experience; and

· Biobanking opportunities for landowners as a means to offset diminishing farm returns, land management costs and rising land values.

If the community wants to realise the full potential that our environmental values and natural resources can provide in the future, then measures to ensure their protection and enhancement should be a key component of any rural land use strategy. The following strategic aims and policy directions have been developed with this in mind.

2.3 Strategic Aims

1. Protect and enhance environmental integrity and water catchment health

2. Encourage sustainable use of natural resources

3. Protect important visual/scenic landscapes

4. Minimise risk of natural or man-made hazards

2.4 Policy Directions

1) Future rural development will occur outside of land:

· identified as having high conservation value vegetation;

· within 100m of a major creek /water way located in a drinking water catchment;

· having slopes > 32%;

· generally requiring landform modification in the form of excavation or filling;

· identified as having ‘extreme’ bushfire risk (ie. Category 1 vegetation on slopes greater than 20%).

· within acid sulfate soil risk class 1 or 2;

· affected by a s117 Mineral Resources planning direction, including transitional and potential areas, their buffers and use of key access roads;

2) The planning framework will encourage natural resource based rural industries committed to the use of ecologically sustainable management practices.

3) Future rural tourist development will protect key environmental features and preserve land of high scenic quality.

4) Future rural lifestyle living opportunities will serve to repair and enhance the land's natural values in a manner which more than offsets the full impact of the site's population and pressures on the environment.

5) Future rural lifestyle living opportunities will locate and cluster to preserve scenic amenity, minimise environmental impacts and better manage natural or man made hazard risks.

3. OUR RURAL ECONOMY

3.1 What we heard ……desired community outcomes

· Embrace sustainable agriculture; protect our farming land and market place advantage as a leader in local food production, security and consumption.

· Enable our farmers to adapt and refresh their businesses quickly to meet demand or changing circumstances.

· Complement and form partnerships with urban area activities that promote our rural produce, outdoor lifestyle and natural environment.

· Provide a diversity of quality tourist and visitor opportunities that are consistent and compatible with our farms, rural communities and natural environment and provide an alternative to what is available in other coastal towns.

3.2 Background

Local agricultural production is important for community self reliance and security. Beyond the food, fibre and other products it directly provides, many of our commercial farming activities generate jobs and income for farmers and the wider community. This can include value-adding activities such as food processing, farm stays, country markets and food festivals. Our agricultural industries also contribute to the special character of the Shire while creating opportunities to deliver improved biodiversity and catchment health. Indeed agriculture with related value added products makes a substantial contribution to the Shire’s economic, social and environmental well being.

If the community wants to maintain the benefits of local farming for our growing population, it is necessary to protect our high quality agriculture land and related industries. Such measures include providing sufficient buffers between agricultural and non-agricultural land uses and ensuring future rural subdivision does not undermine the future viability of our agricultural land. It can also include encouraging ecologically sustainable farming practices and allowing our farmers to diversity by integrating agriculture with other industries in the Shire such as tourism, knowledge (eg. university research) and value adding activities. This will in turn help create an environment that allows agricultural production and associated activities to be pursued with greater security and less potential for conflict with non-agricultural land uses.

The following strategic aims and policy directions have been developed with this in mind.

3.3 Strategic Aims

1. Protect rural resource viability

2. Minimise land use conflict

3. Support a diverse and viable agricultural base

4. Encourage appropriate rural tourism

3.4 Policy Directions

1) Future rural development will avoid identified state or regionally significant farmland.

2) Future rural development will be located to minimise land use conflict with agricultural land uses and to protect viability of high quality agricultural land.

3) The planning framework will encourage a viable and diverse agricultural industry through appropriate zoning provisions, allotment size and buffers.

4) The planning framework will provide flexibility for our farmers to diversify their income sources where ancillary to farming operations.

5) Future rural tourist development will build on and complement our agricultural industry, reinforcing the predominant use of the rural area for agricultural production while maintaining the rural character.

6) Future rural tourist development will be located and designed to avoid adverse visual or noise impacts.

7) The planning framework will encourage rural based tourism that is committed to the use of ecologically sustainable management practices.

4. OUR RURAL COMMUNITY

4.1 What we heard ……desired community outcomes

· Focus on the rural economy; create local jobs and business opportunities, particularly for younger people.

· Support ‘rural’ lifestyle opportunities where people connect with the surrounding farmland and natural areas, and reinforce our rural communities.

· Provide safe communities where people belong and have the capacity to stay throughout their life.

· Not ‘one size fits all’ strategy; each village or rural housing cluster is different and needs to be looked at individually.

· Encourage planned, clustered development where establishment and ongoing infrastructure costs can be contained and a community will form that pools resources and shares the tasks of land management.

· Retain villages as small settlements with capacity to include greater diversity and flexibility in housing choice.

· Decisions about future rural housing should be centred on enhancing our natural environment, protecting farmland and responding to changing demographic trends including:

- ageing population

- people who want to live in co-operative or groups

- farm families, workers and WWOOFers (willing workers on organic farms)

4.2 Background

Our rural land is made up of compact rural villages within the broader rural landscape. For the most part our villages are small, community focused places that provide the opportunity for people to live in a rural environment, in proximity to others and benefit from the additional services that closer living brings such as parks, bus services and community halls. They also provide an opportunity for people to participate in shaping the appearance and identity of their local community over time.

The village zoned areas of Federal, Main Arm and Billinudgel can be generally characterised as:

· being small in size where the boundaries between the built-up area and surrounding farmland or natural area blend seamlessly together;

· having a distinctive access road/main street leading to and through the village settlement;

· containing a mix of small-scale retail, community and residential buildings;

· having a general store and/or other community focal point; and

· reflecting a more “organic” settlement pattern (established over time through small scale, incremental and infill development) rather than a “master planned” feel.

At a larger scale our rural localities form a network of connections between all settlements within the Byron Shire, including our coastal towns and suburbs, and outside the Shire (settlements in Ballina, Lismore and Tweed Shires). Some localities such as Goonengerry, Main Arm and The Pocket have strong connections with the town of Mullumbimby, while others such as Eureka, Federal and Coorabell tend to have closer links with the towns of Bangalow and Byron Bay. Because access to nearby employment opportunities, services and networks is important for all of our rural localities, it is important to understand the relationships between all settlements of the region. Wherever possible, a future Rural Land Use Strategy should attempt to build on and strengthen these relationships.

The following strategic aims and policy directions have been developed with this in mind.

4.3 Strategic Aims

1. Reinforce village economies

2. Facilitate community diversity and sense of belonging

3. Protect culturally important areas

4.4 Policy Directions

1) Future rural lifestyle living opportunities will be located to support and strengthen the role of existing villages and town centres in Byron Shire.

2) Future rural lifestyle living opportunities will contribute to a local, diverse housing mix.

3) The housing of future rural lifestyle living opportunities will be clustered to encourage community cohesion and opportunities to share resources, facilities and services.

4) The design of future rural living lifestyle opportunities will encourage pedestrian and community activity within the development (e.g. safe streets, community spaces and recreation areas).

5) Places of indigenous cultural significance will be protected through appropriate consultation with traditional owners and supporting planning legislation.

5. SUPPORTING INFRASTRUCTURE

5.1 What we heard ……desired community outcomes

· Focus on ways of making rural areas accessible (eg. easy to find your way around and ~~well~~ connected with family and friends, services, employment and educational opportunities).

· Limit infrastructure costs and seek greater equity in infrastructure contribution.

· Support villages to be pedestrian and cycle friendly.

5.2 Background

Economic growth and settlement in our rural areas can only be sustained through efficient and effective infrastructure investment. Infrastructure affects how we do business and many aspects of our daily lives from getting around, socialising, being safe and active through to getting rid of our waste. If the community wants to maximise the benefits arising from infrastructure investment then we may need to pursue a more compact settlement pattern that builds on our existing villages and towns. This will help create rural communities that have better access to services and facilities; pedestrian friendly places that encourage to people to get outdoors and socialize more, and lower overall infrastructure delivery and maintenance costs.

Our rural areas have historically developed in a dispersed, largely car dependant settlement pattern spreading outward from towns and villages into the rural landscape. Funding to bring our rural roads and bridges up to a contemporary standard has always been limited, which in turn has led to a growing backlog of work to be completed. This represents one of the most challenging rural planning issues to be addressed in our Shire, particularly when determining suitable locations for rural living and lifestyle opportunities. As such, planning decisions about this form of development will need to accurately reflect the short and long-term impacts on the capacity of the road network and the costs of any required improvements (including upgrading, maintenance and renewal).

The following strategic aims and policy directions have been developed with this in mind.

5.3 Strategic Aims

1. Ensure an integrated approach to land use and efficient infrastructure provision

2. Build on existing social and service catchments

3. Create a more compact and clustered settlement pattern

5.4 Policy Directions

1) Future rural development will avoid land within designated buffers to sewerage treatment plants or waste disposal facilities.

2) Future rural development will locate in areas with reliable and safe road access, particularly should the need for evacuation arise.

3) Infrastructure provision for future rural lifestyle living opportunities will:

· achieve a greater level of self-reliance;

· integrate with and support improvements to our existing community, transport, water, and green infrastructure; and

· require an acceptable standard of road infrastructure at no cost to the wider community.

4) Future rural lifestyle living opportunities will avoid land that is better suited to future urban development.

5) Future rural development ~~lifestyle living opportunities will~~ should be located within 5 km of a major town service centre containing a high school ~~(Byron Bay or Mullumbimby)~~ or 2km of a rural village containing a primary school or general store catering to the needs of that locality.

6) Future rural development may be considered on unconstrained land outside of 2km/5km service catchment areas where any of the following conditions are satisfied (where applicable):

- existing school bus services are accessible within 100m from the site boundary,

- primary access to the land is vial a major local road or regional road (excluding the motorway),

- meets service catchment criteria based on services available in an adjoining local government area

7) Infill housing and/or progressive re-subdivision of existing rural residential estates (into smaller lots) will be investigated for potential to improve cost effectiveness of existing services.

8) Future rural lifestyle living opportunities will be clustered to minimise development footprint and disturbance, maximise opportunities for environmental repair and ensure efficient service provision.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.13 - Attachment 2

#E2014/80611

NOTICE OF PROPOSED ROAD NAMES

Council has supported the following proposals. Submissions are welcome by 23 December 2014.

· McKenzies Lane, Mullumbimby

Reason: A resident request has been made to name the unsealed lane (depicted by the yellow line) as ‘McKenzies Lane’ after a long established local family.

Background: As the map shows, the three adjacent properties do have a street address allocated, thus no name is required for addressing or postal purpose. However, the request outlines problems with being located, including by emergency services.

Location: Lane off Gulgan Road, Mullumbimby

· Stacey’s Way, Tyagarah

Reason: A resident request has been made to name the unnamed road (depicted below by the red line) as ‘Stacey’s Way’, in memory of his daughter who passed away aged 30. Resident claims support is forthcoming for the name from adjacent land holders/tenants.

Background: Council land is shown in yellow, while private properties are shown in pink. These private properties and the Tyagarah airfield are accessed via the unnamed road maintained by Council. The road is on Council land but not in a dedicated road reserve, with access to this unnamed road available from Yarun Road, which runs parallel to the Pacific Highway. Noting all properties highlighted are currently addressed as the Pacific Highway.

Location: Tyagarah Airfield access road

· Coolalie Place, Lilli Pilli

Reason: A resident request has been made to name the road reserve (depicted below by the green line) connected to Orara Court, Lilli Pilli as ‘Coolalie Place’, after the original homestead and acreage.

Background: As shown, the change of name would affect four properties (yellow land parcels) all addressed as #1 Orara Court and accessed via a road upon land classified as Community / Neighbourhood Titles (red parcel).

As such, a change of road name would result in new addressing of each property as Coolalie Place (presumably #1 to #4) and the sign be erected at Orara Court, which would benefit locating properties. Council however would not become responsible for the road or its maintenance that is upon the community title.

Location: Road reserve entry to Orara Court, Lilli Pilli

· Shady Lane, Brunswick Heads

Reason: A resident requests that the unnamed road (depicted below by the pink line) adjacent to swamp and woodland as ‘Shady Lane’.

Background: The road leads to 1 of the 5 yellow land parcels under single ownership. These, along with the two pink parcels, are allocated either an Old Pacific Highway or Pacific Highway address. The only occupied land is the two pink parcels with property access from Kingsford Drive within Bayside suburb of Brunswick Heads. Resolution 14-93 resolved that Council take the appropriate steps needed to rename the un-named road with the suggested name being "Shady Lane". An earlier Council resolution had supported ‘Eucalyptus Lane’.

Location: Unnamed road adjacent to woodland swamp with Bayside suburb of Brunswick Heads

Written submissions on the proposed names may be made to Byron Shire Council within 14 days of the date of this notice. Submissions can be provided by postal mail to: General Manager, Byron Shire Council, PO Box 219 Mullumbimby 2482 or sent by email to submissions@byron.nsw.gov.au. Emailed submissions to this address only will be acknowledged.

Enquiries: Simon Bennett 02 6626 7080

Submissions will be made public in accordance with Schedule 1 Part 3 Clause 1(a)(vi) within Schedule 5 Part 2 of the GIPA 2009 Regulations as applicable including both the substance of the submission and the identity of the author. For assistance with this please call Council’s Records Coordinator on 02 6626 7113.

Office Use Only
Job No.	3211.22
Date/s for Block Advertising	9/12/2014
Date for adding to Web if earlier than Block Advertising date
Other Paper/s	No	Date/s:
Is a costing required prior to placement?	No
Website title (if loading this to the web)	Proposed foot bridge name, Billinudgel
Is the advertisement to be linked to any of Council’s webpages? (More than one is possible. Delete or cross out the links not required)	Council Notices Public Exhibition
Name and # of document to be placed on exhibition. Eg. #E2013/1234 Policy 1.1 Payment of Expenses	N/A

Checklist:

Director's approval obtained and signed below

Email advertisement to “Advertising”

Send 7 copies of advertisement and attachment to Administration if required at CAP points.

Email your Executive Assistant if advertisement required on web page together with any attachments

_________________________

Director

Date Commenced:	27 August 2015	Time Frame to carry out objectives	The term of the Project Reference Group (PRG) shall coincide with the preparation of the draft Coastal Zone Management Plan Byron Bay Embayment (CZMP BBE) and shall conclude when the draft CZMP BBE is submitted to the Minister for certification..
Date Group to be Disbanded	The term of the PRG shall conclude when the CZMP BBE is submitted to the Minister for certification.
Convenor/Facilitator	Coastal and Estuary Officer
Review Timeframe

Doc No.	Date Amended	Details Comments eg Resolution No.
#E2015/45369		Reported to 27/8/15 meeting following Res 15-139
#E2015/55701	27/08/15	Amended following Res 15-410
#E2015/60380	17/09/15	Amended error in Table of Contents and as per Res 15-468
#E2015/65395	08/10/15	Format amendments and removed note at 4.5

Principal Activity (Management Plan)
Related Legislation	Coastal Protection Act 1979 Local Government Act 1993 Section 451 Government Information (Public Access) Act) 2009
Related Policies	Code of Conduct Policy 1.8 Privacy Management Plan Work Health Safety Policy
Related Procedures/ Protocols, Statements, documents	Agenda Template for PRG Meetings Report Template for PRG Meetings Action List Template for PRG Meetings

Venue	Meeting Room 1, Station Street, Mullumbimby
Date	Thursday, 22 October 2015
Time	11.00am