Attachments of Ordinary Meeting

CALL FOR EXPRESSIONS OF INTEREST

FROM ARTISTS AND CREATIVES FOR ARTISTIC TREATMENT OF BYRON SHIRE WATER INFRASTRUCTURE (PUMP STATIONS)

Introduction

This document outlines the background and details for developing artistic treatment concept designs and installation on Byron Shire Water Infrastructure – specifically sewer pump stations.

Byron Shire Council are calling for expressions of interest from individuals or consortiums of artists interested in submitting concept designs for artwork on several sewer pump stations in the Byron Shire. These art installations are considered an opportunity to showcase local artwork and also provide an opportunity to express some of the community core values and key messages to locals and visitors alike. A copy of the destination brand guidelines have been provided to assist with understanding the community core values and key brand messages which may be appropriate, or may trigger some other creative ideas.

Proposals including artwork concept designs may be submitted for one or more sewer pump stations across the Shire, as outlined below.

The Public Art Assessment Panel will be overseeing the artistic process as governed by the Public Art Guidelines and Criteria and Public Art Policy.

This is one of two briefs. This brief includes the artistic treatment to Sewer Pump Stations around the Shire and the second brief is for artwork on two large water reservoirs.

Background

A: Public Art on Water Infrastructure in Byron Shire

Many of Council’s water assets are the subject of graffiti and other damage. It has been identified that public art may be a solution some way towards the problem with the aim of achieving a tidier, more beautiful Shire and a chance to showcase local artists work.

Council have invested significant resources in developing the Byron Bay Town Centre Masterplan as outlined below. Beautifying the Shires water infrastructure supports the Masterplan and efforts to improve the town centre.

There are several sewer pump stations around the Shire that could benefit from artistic treatment as listed in the table below. In the initial year, expressions of interest should focus on high profile stations, with a spread across the Shire and perhaps include two of the bigger stations and two smaller ones. The type and style of artwork is open to discussion and may include murals or other paint or media treatments, sculpture and or landscape art.

The budget allocated to this project for 2015/16 financial year is $20,000 and submissions will be expected to outline which pump stations will be included by the artist. The intention is that over several years, most of the pump stations will be artistically treated in a staged process, as budget allows.

With each pump station reflecting the immediate local area, eventually, the water infrastructure across the Shire will become a public art collection or public space gallery interpreting the surroundings.

Photos of some of the sites are provided below (taken in July 2015).

SEWER PUMP STATIONS
Bangalow
1001	Pacific Highway
1003	Lismore Road
Brunswick Heads
2001	South Beach Road
2008	Sports ground
2010	Bayside Way
Byron Bay
3001	Bangalow Road
3002	Tennyson Street
3004	Milton Street
3005	Childe Street
3006	Marine Parade, Wategos
3007	Broken Head Road, Suffolk Park
3009	Clifford Street, Suffolk Park
3017	High School
3018	Cemetery Road
3020	Armstrong Street South, Suffolk Park
3029	Beach Road, Broken Head
Mullumbimby
4000	Station and Train Streets
4004	Palm Avenue
4005	Pine Street

Examples of sewerage pump stations

Wategos Pump Station

Old Bangalow Road Pump Station (near Eden Garden Centre) Byron Bay High School Station

Suffolk Park Broken Head Road

Byron Bay Rec Ground Byron Bay Rec Ground

Bayshore Drive near Depot

B: Primary Brand: Byron (Don’t Spoil Us, We’ll Spoil You)

byron_coloursl_logosml_rgb2 Byron Shire Council developed a new identity/ brand for Byron Shire, which aims to attract appropriate visitor markets, extend visitor length of stay and encourage visitor dispersal throughout the Shire. The Visual Identity Guide for the Byron brand is attached. The brand was developed with considerable community consultation and is based on the community core values (listed in the Visual Identity Guide).

A communications strategy to implement the brand seeks to, over time, change the visitor type by overcoming the Byron Bay party-town image and attract visitors to Byron Shire that respect and love the Shire as much as the locals do.

The brand is simply ‘Byron’. The brand essence is: “Byron Shire has an energy, an attitude, and a sense of community. It’s the people who live here and love this place, that make it what it is. It’s the musicians, the elders, the artists, the plumbers, the farmers, the surfers, the healers, the councillors, the millionaires, the buskers, the writers, the greenies, the capitalists, the misfits.”

C: Byron Bay Town Centre Masterplan

The Byron Bay Town Centre Masterplan is almost finalised. The Masterplan will provide the framework for a completely revitalised town centre while ensuring Byron Bay’s character is preserved and enhanced.

Byron Bay is a town where the community have strong values and beliefs that has created a culture where sustainable practices and alternate ways of living, play a crucial role in the way our community chooses to lead their lives. This culture is a key ingredient that defines Byron Bay and will be harnessed, preserved and celebrated in the development of a town centre masterplan.

When completed, the Masterplan will promote the town’s natural environment, relaxed atmosphere, spiritual and cultural diversity, health and well-being experiences, innovative enterprises, and provide a consistent image for Byron Bay. This will help to attract appropriate visitor markets, extend length of stays and encourage visitor dispersal across the Shire. More importantly, an innovative place making strategy will provide a vibrant and diverse town centre for the resident population to enjoy - a place to be reclaimed.

D: Byron Shire Council – Supporting Local Public Art

Byron Shire Council support the development of the arts and creative industries as demonstrated in the Byron Shire Cultural Plan (2008 – 2013), the Arts and Creative Industries Strategy for the Byron Shire (2009 – 2012) and a Public Art Policy.

The Public Art Policy states:

· A centre for arts and culture, the Northern Rivers is renowned for its creative communities and for its beautiful coastal and rainforest environments.

· Culture is the expression of the history, heritage, customs, arts, recreation, creativity and values of our community. Council seeks to protect the cultural and place values of local areas and streetscapes; to reflect heritage, character and charm, in the interest of the community as whole. This policy will support the engagement of local artists to create public art works and will directly benefit the local community by generating employment, building commitment and sustainability. Furthermore, it creates opportunities for creative learning and information sharing about cultural activities.

· Byron Shire Council recognises that the daily lives of residents and visitors can be enriched and enlivened through the presence of quality works of art in the Shire. Council also recognises that a collection of such art will attract visitors with shared values.

· Public Art is one way to recognise local artists and values whilst adding a new dimension to public spaces in the Shire. This policy is designed to support Public Art in Byron Shire within a framework that clearly outlines the practical considerations for management and selection of such artwork. The framework will ensure the distinctiveness and mix of cultural values in each of the towns, rural villages and localities is reflected by Public Art installations. It is to be used by Council staff and external parties such as developers, architects and urban designers for commissioning new works, acquiring existing works, collection management and maintenance.

Council has developed the Public Art Guidelines and Criteria. The commissioning of any artwork by Council is undertaken using the Public Art Guidelines and Criteria. All of the documents mentioned above are available on Council’s website under ‘publications’.

Council established the Public Art Assessment Panel (PAAP) in order to provide recommendations to Council following assessment of artwork proposals. The process of commissioning this artwork will require some liaison with the PAAP as outlined in the Public Art Guidelines and Criteria (specifically section 6).

In assessing each concept the Public Art Assessment Panel aims to ensure that the successful proposal:

1. is of a high standard in terms of design and technical and structural execution;

2. is culturally appropriate

3. requires low level maintenance

4. does not pose risk or WH&S management issues

5. best meets the requirements outlined in the project brief and Council’s broader objectives

6. meets relevant building and safety standards

7. does not pose any long-term conservation issues

8. meets the requirements of the project budget

9. will meet the specified timeframe; and

10. is assessed on the basis of the guidelines outlined in this document and Council’s Public Art Policy.

The process will include:

1. Interested artists submit an expression of interest (EOI)/ Proposal, including images of their previous work, a concept design for the project and proposals for the installation of the work.

2. The EOI of the shortlisted artists will be assessed by the PAAP. This may require the artist to be present to talk to their EOI (to be confirmed).

3. The PAAP will select a preferred concept design and make a recommendation to Council.

4. Once Council has endorsed the preferred artwork, the successful artist will be offered a contract agreement which will outline the specific terms and conditions of the project between the stakeholders. (A sample contract is available in the Public Art Guidelines and Criteria Appendix 5)

5. The artist will undertake the commission.

Objectives of the Engagement

1. To provide Byron Shire Council with a creative or artistic treatment on selected pump stations from the above table;

a. Expressing the Shire’s culture, creativity and values of the community in mind (communicating community core values and key messages);

b. Reflect the immediate local area where the station is located;

c. Will provide inspiration as viewed from a distance or a fast moving motor vehicle;

d. Which will deter graffiti and thereby reduce, if not eliminate, the need for regular graffiti removal;

e. Will have very minimal, if any, future maintenance costs;

f. Will not obstruct access to pump stations;

g. Will be of low risk in regards to work, health and public safety.

Scope of Works

The Artist shall provide enough information to address the objectives above, including, but not necessarily limited to the following major tasks:

1. Provide information as follows in order for the Public Art Assessment Panel to consider the expression of interest:

1.1. submit a concept design and proposal for the installation of the work for the selected pump stations, outlining which pump stations are part of the submission keeping in mind it is Council’s preference to commence with stations in highly visible locations, with a spread across the Shire and perhaps include two of the bigger stations and two smaller ones.

1.2. a proposal of the artwork (ie the type, style and details of materials, etc) (a pro forma is available to use based on Appendix 9 of the Public Art Guidelines and Criteria)

1.3. a maintenance manual (a pro forma is available to use based on Appendix 6 of the Public Art Guidelines and Criteria)

1.4. a public art risk assessment (a pro forma is available to use based on Appendix 10 of the Public Art Guidelines and Criteria)

1.5. submit samples or images of previous work demonstrating your experience on similar projects

2. If requested, be available to speak to your expression of interest with the Public Art Assessment Panel members (to be confirmed).

3. If successful, artwork to be installed by the artist according to the concept design approved by Council.

Timeline

EOI’s must be lodged with Council prior to the deadline, being 4pm Friday 15 January 2016.

Milestone	Date	Payment schedule
Proposals to be submitted by 4pm	15 January 2016
Milestone 1 – Commission commences (contract to be signed)	March 2016	50%
Milestone 2 – artwork is installed, practical completion and project evaluation finalised	27 May 2016	50%

Enquiries to Joanne McMurtry, Community Policy Officer, Byron Shire Council on phone 6626 7316 or via email joanne.mcmurtry@byron.nsw.gov.au

FINANCIAL SUSTAINABILITY PLAN (FSP) 2015/16

1. Overview

This is the third Financial Sustainability Plan (“FSP”) prepared by Council and includes the projects and strategies to be progressively implemented and actioned during the 2015/16 Financial Period. The projects and strategies identified have a focus of improving the financial sustainability of Council as an organisation over the short, medium and longer term.

Council adopted its first FSP on 9 May 2013 (Resolution 13-238). This FSP was for the 2013/14 Financial Period and during this period the progress achieved in the implementation of the FSP Action Plan was reported quarterly to the Finance Advisory Committee in accordance with Resolution 13-148.

Council adopted its second FSP on 7 August 2014 (Resolution 14-326) for the 2014/15 Financial Period, with the progress achieved in the implementation of the FSP Action Plan again reported quarterly to the Finance Advisory Committee.

Although the FSP is for a specific financial period the projects and strategies identified in the Plan may need to be developed, implemented and reported on over a number of periods.

The FSP is not a requirement of the integrated planning and reporting provisions detailed in the Local Government Act 1993, but it is an adopted Council Plan, prepared by Council to detail projects and strategies that it has identified and developed to improve and maintain its financial sustainability.

The FSP is also used by Council to inform the preparation of Byron Shire Council’s 10 Year Long Term Financial Plan (“LTFP”) and the annual review of this Plan. The LTFP is a component of the Council’s Resourcing Strategy and is a requirement of the integrated planning and reporting framework.

The projects and strategies identified in the FSP 2015/16 have been used to inform the scenarios in the LTFP 2015-2025, which was adopted by Council on 17 September 2015 (Resolution 15-427).

The development, implementation and review of the annual FSP and the FSP Action Plan is a key element of this Council’s strong focus on addressing its long term financial sustainability. This strong focus has been developed as part of the Council’s commitment and response to the NSW local government reform process.

In 2012 the Minister for Local Government announced that as part of the NSW local government reform process he had:

(a) commissioned the NSW Treasury Corporation (“TCORP”) to undertake a financial assessment of all NSW councils; and

(b) commissioned the Office of Local Government to undertake an assessment of each council’s infrastructure renewal backlog,

Byron Shire Council following that announcement worked with both authorities and its external auditors to gain a clear picture of its long term financial sustainability. In March of 2013 TCORP released the Byron Council’s “Financial Assessment, Sustainability and Benchmarking Report”.

This Report stated that Council’s financial outlook was described as “weak and deteriorating” with this assessment being based upon successive operating deficits, high debt, and a deteriorating capacity to fund infrastructure maintenance and renewal.

The Report prepared by TCORP provided an assessment of the following key areas:

· The financial capacity of the Council to undertake additional borrowings

· The long term sustainability of the Council

· The financial performance of the Council in comparison to a range of similar Councils and measured against prudent benchmarks

TCORP at that time prepared a Financial Sustainability Rating (“FSR”) and an Outlook for Council in which it assessed Council as being:

· Financial Sustainability Rating Weak

· Outlook Negative

The NSW State Government in 2014, as part of the NSW local government reform process and following the release of the TCORP Reports and the Report of NSW Independent Local Government Review Panel, announced the Fit for the Future (“FFF”) program.

Under the FFF program all local government authorities were required to submit a Council Improvement Proposal (“CIP”) by 30 June 2015. The Independent Pricing and Regulatory Tribunal (IPART) was appointed to the role of the “expert panel” and was tasked with assessing the Proposals (CIPs) and reporting to the Office of Local Government with a final assessment report by 16 October 2015.

Council had previously been assessed, as part of the FFF work undertaken by the NSW Independent Local Government Review Panel, as having the “scale” to remain as a stand alone Council, with the “capacity” of a Council to be financially sustainable in the medium to longer term. Council as such was assessed as having the “scale and capacity” to be financially sustainable and this assessment informed the IPART review of the CIP submitted by Council.

The 2013/14 and 2014/15 FSP informed and provided the foundation for the strategies and actions detailed in the CIP submitted by Council. The CIP has in turn informed the strategies and actions detailed in the 2015/16 FSP.

Council in the Report titled “Assessment of Council Fit for the Future Proposals, Local Government – Final Report October 2015”, prepared for the Office of Local Government by IPART was determined as being Fit For the Future. Council on the basis of the CIP submitted to the OLG was assessed by IPART as having satisfied the financial criteria overall and also each of the three elements of this criteria being sustainability, infrastructure and service management and efficiency.

Based on the IPART assessment of the Council’s CIP and its determination that Council is Fit For the Future, the objective set by Council in both the adopted 2013/14 and 2014/15 Financial Sustainability Project Plans that Council “in line with its stated objectives and the strategies detailed in the Financial Sustainability Project Plan the performance of Council in achieving its stated objectives will be firstly to address the outlook rating and secondly to improve the Financial Sustainability rating” has been achieved.

The focus of Council will now be on the implementation of the strategies set out in the CIP to ensure the financial sustainability of Council in the medium to long term and to further maintain its Fit For the Future rating.

The CIP set out the five (5) key strategies to be implemented by Council over a five (5) year period to enable it to be able to satisfy the seven (7) Benchmarks established by the OLG for a Council to be assessed as being fit for the future or financially sustainable. The 2015/16 FSP includes the actions from the key CIP Strategies being implemented by Council in the 2015/16 Financial Period. In addition the FSP also sets out a number of other strategies actions that have been identified to enhance and support the overall financial sustainability of the Council.

The key strategies included in the FSP 2015/16 are as follows.

· The completion of the re-structure of Council’s operations to enable capacity building

· rationalising Council’s property portfolio and associated investment strategies

· an accelerated plan for debt reduction

· investing in Council’s business activities such as caravan parks

· examining new opportunities for raising additional revenue from Byron’s growing tourist and visitor market

· increasing revenues from own source revenue activities such as paid parking schemes

· reducing operational expenditure

· increased focus on asset management programs and activities

· reinvestment of additional own source revenues in asset renewal and maintenance programs and works

· realisation of efficiency savings through strategic procurement initiatives

2. The Plan

Objectives

The objectives of the Financial Sustainability Plan are as follows:

· improve the financial sustainability of Council

· address the asset renewal funding gap

· improve Council’s asset management and maintenance systems and programs

· retire outstanding debt and progressively increase the capacity of Council to borrow for infrastructure renewal projects

· identify and realise viable and sustainable commercial opportunities

· identify opportunities for and achieve cost and waste reductions in operating and/or cost activities of Council

· identify opportunities for sustainable increases to existing recurrent revenues, and to research, investigate and evaluate opportunities for deriving new, recurrent and sustainable sources of revenue identify and pursue new and recurrent revenue sources including opportunities arising from the strong tourism/visitor market

· increase resource sharing through collaboration with government agencies and community stakeholders

· improve the overall financial performance of Council

The Financial Sustainability Plan includes a number of chapters addressing these objectives.

Chapters

The main areas or chapters of the Plan are:

· Expenditure Review

· Revenue Review

· Land Review and Property Development

· Strategic and Procurement

· Policy and Decision Making

· Potential Commercial Opportunities

· Volunteerism

· Collaborations and Partnerships

· Asset Management

· Long Term Financial Planning

The actions proposed by Council being as detailed in each of these areas

Performance Criteria

The TCORP in its Report titled “Financial Sustainability of New South Wales Local Government Sector released in April 2013” has assessed Council as

· Financial Sustainability Rating Weak

· Outlook Negative

“Weak” Financial Sustainability Rating is defined as follows:

· A local government with an acceptable capacity to meet its financial commitments in

the short to medium term and a limited capacity in the long term.

· It has a record of reporting moderate to significant operating deficits with a recent

operating deficit being significant. It is unlikely to be able to address its operating

deficits, manage unforseen financial shocks and any adverse changes in its business,

without the need for significant revenue and/or expense adjustments.

· The expense adjustments would result in significant changes to the range of and/or

quality of services offered.

· It may experience difficulty in managing core business risks.

and “Negative Outlook” is defined as:

· As a result of a foreseeable event or circumstance occurring, there is the potential for

deterioration in the local government’s capacity to meet its financial commitments (short

and/or long term) and resulting change in its rating. However, it does not necessarily

indicate that a rating change may be forthcoming.

Council through the actions that it has implemented from its adopted 2013/14 and 2014/15 FSP has made significant progress in addressing both the Financial Sustainability Rating of “Weak” and the Outlook rating of “Negative”.

The IPART assessment of Byron Shire Council (refer page 155 of Assessment of Council Fit for the Future Proposals, Local Government – Final Report October 2015”) as Fit For the Future and that in the CIP submitted by Council that its Plan satisfies the financial criteria overall and also each of the three elements of this criteria being sustainability, infrastructure and service management and efficiency, demonstrates the progress achieved by Council.

The CIP includes an assessment of the current performance of Council in the seven (7) Performance Measure/Benchmark indicators developed for the Fit For the Future program and where the Council does not currently a Performance Indicator the strategies to be implement over the next five (5) financial years, to be either meet the mandatory performance indicators or to show or demonstrate significant progress in the non-mandatory performance indicators by the 2019/2020 financial year.

Council in the CIP has provided a Plan that details the strategies and actions that will see it achieve six (6) of the seven (7) Performance Indicators, including all of the mandatory indicators by 2019/2020 and show significant improvement in the seventh indicator, being the Infrastructure Backlog Ratio by 2019/2020.

Further information is provided in Chapter 13 – Performance Measures on these performance indicators which it will be using to monitor its progress in achieving its stated objectives during the 2015/16 Financial Year.

Council in Chapter 14 has included a summary of the financial outcomes that it achieved during the 2014/15 Financial Year.

Council in Chapter 15 – Action Implementation Plan has summarised the actions proposed throughout the Plan and is the template to be used for the quarterly reporting to the Finance Advisory Committee.

3. Expenditure Review

This was one of the key strategies identified in the 2013/14 FSP and the 2014/15 FSP and is again a key strategy area in the 2015/16 FSP. This strategy is central to Council achieving the FSP objective to” identify opportunities for and achieve cost and waste reductions in operating and/or cost activities of Council”.

During the 2013/14 and 2014/15 Financial Years the General Manager established an Expenditure Review Group consisting of nominated members of staff. The role of the Expenditure Review Group was to review and assess the cost activities of Council to identify areas where expenditure maybe reduced and to make recommendations to the General Manager and the Executive Team on actions to be implemented to reduce costs and wastage, without reducing the capacity of Council in the area of service provision.

In the 2015/16 Financial Year the overarching function of the Expenditure Review Committee has been assumed into the Strategic Procurement Steering Committee. The role of the Strategic Procurement Steering Committee is by definition focussed on Strategic Procurement and the actions of this Committee are detailed and discussed further in Chapter 6.

The responsibility of the Expenditure Review Group in identifying opportunities for and to achieve cost and waste reductions in operating and/or cost activities of Council has with the implementation of the new Monthly Management Finance Reporting been delegated to Directors, Managers and responsible staff.

The new Monthly Management Reporting requires staff to be responsible for Program budgets and the expenditures incurred in the Program areas during each financial year. The same staff also play an important role in the development of Budgets for the future years as part of the Operational Plan and Budget preparation process.

The accountability of Staff for Program area budgets has meant that opportunities or recommendations for efficiencies or cost reduction is driven by the Staff involved in or responsible for the delivery of Programs and who have the best understanding of the activities, services or works. An outcome of this is that the savings or efficiency measures when implemented are owned by staff and are more successful and sustainable.

Where savings are identified and realised, the savings will also be reported to the Council through the quarterly budget review process. Any policy changes proposed as a means of facilitating improved financial outcomes will also be periodically reported to the Council for consideration.

Action Implementation Plan

1. Recommendations on expenditure savings or efficiency gains identified by responsible staff reported to the Executive Team.

2. Monthly Management Finance Reports provided to the Executive Team.

3. Monthly Management Finance Reports provided to Councillors.

4. Progress reports to the Finance Committee on the implementation of the adopted FSP actions.

5. Report to Council through the Quarterly Budget Review any identified expenditure savings.

6. Report to Council any recommendations regards policy changes.

4. Revenue Review

This was one of the key strategies identified in the adopted 2013/14 FSP and 2014/15 FSP is again a key strategy area in the in the 2015/16 FSP. This strategy is central to Council achieving the FSP objective to “identify opportunities for sustainable increases to existing recurrent revenues, and to research, investigate and evaluate opportunities for deriving new, recurrent and sustainable sources of revenue”.

During the 2013/14 and 2014/15 Financial Years the General Manager established a Revenue Review Group consisting of nominated members of staff. The role of the Revenue Review Group was to progressively make recommendations to the General Manager and the Executive Team on opportunities for sustainable increases to existing recurrent revenues, and to research, investigate and evaluate opportunities for deriving new, recurrent and sustainable sources of revenue.

The main revenue sources reviewed under the adopted 2013/14 FSP and 2014/15 were:

· paid parking

· competitive fees and charges regime

· active management and marketing of Council facilities

· sponsorship

· grow capacity to attract government grants

· identify new own revenue sources

· review of the restricted funds held by Council

The role of the Revenue Review Group will not be continued during the 2014/15 Financial Period as the roles performed by the Group have been either delegated to a dedicated Internal Staff Working Groups such as the Paid Parking Working Group or been delegated to individuals such as Directors, Managers and/or responsible staff. An example of this is the annual review of the fees and charges undertaken and reported to Council as part of the development of Revenue Policy for the next financial year.

The main initiatives identified for investigation and review by the organisation during the 2015/116 Financial Period are:

· implementation of a Paid Parking Scheme for Byron Bay

· to continue the review of adopted fees and charges and to recommend to Council increases or new fees and charges within a competitive fees and charges framework

· active management and marketing of Council facilities including the Cavanbah Centre

· to investigate and recommend new sponsorship opportunities

· examine web site advertising

· establishment of new fees and charges structures for commercial facilities such as the Tyagarah Airfield

· continue to investigate further opportunities for Council to improve its revenue recovery and collection systems to improve its cash flows

· the management of its investment portfolio to maximise interest returns whilst meeting expenditure commitments

· investigate, lobby and prepare submissions for grant funding for significant infrastructure projects

Internal Staff Working Groups will be required to report to the Executive Team on the progress achieved on the implementation of their specific initiative/s and where appropriate to also report initiatives to the Council’s Finance Committee and/or Council. Any proposed policy changes required to facilitate recommended revenue raising opportunities will also be periodically reported to the Council.

Individual staff will report and make recommendations to the Executive Team and/or Finance Committee and Council through a same process.

Action Implementation Plan

1. Internal Staff Working Groups to report to the Executive Team on the progress achieved on the implementation of their specific initiative/s .

2. Internal Staff Working Groups/ staff to report to the Executive Team any proposed opportunities for deriving new/additional revenue.

3. Report to the Finance Committee and/or the Council any proposed opportunities for deriving new/additional revenue.

4. Report to Council any recommendations regarding policy change and/ or increases to existing or new revenue sources.

5. Prepare submissions and lobby for grant funding for significant infrastructure projects.

5. Land Review and Property Development

The 2013/14 FSP activated land and property development as a key option to improve the long term financial sustainability of Council.

This element of the Plan seeks to identify potential strategic objectives and options for the holistic management of land holdings and identify a potential cash flow for Council from land/ asset development and sales that can be deployed to achieve those objectives.

Significant progress has been made in accordance with the 2014/15 plan, including:

· Roundhouse – completion of the land reclassification process to enable sale of the lots.

· South Byron STP – infrastructure demolition contract awarded and works commenced.

· Lot 12 Bayshore – REF completed, tree removal DA approved and site works commenced. Major restoration works will be completed in 2015/16.

· Station St – DA lodged and approved. S96 seeking changes prepared and lodged.

· Lot 22 Mullum – strategic assessment completed.

· Vallances Rd – purchase of Crown Rd to increase options.

The Plan continues to focus on key sites which it is believed provide Council the greatest opportunity. A program of action has been developed over the next two financial years and is presented at section 5.5.

Strategic Objectives

The following strategic objectives have informed the analysis in the Plan and are recommended to guide decision making on Council’s key operational land holdings.

· demonstrate that Council's land holdings are a key opportunity to assist with long term financial sustainability

· maximise the financial return on the investment from Council's operational land holdings

· utilise the equity in Council's land holdings to create revenue for key asset maintenance and renewal programs

· consider Council's land holdings as a portfolio of properties to be managed collectively to promote financial sustainability

· establish a funding source and capacity to develop the potential of Council's operational land holdings.

Land Register

Council’s Land Registers were updated in 2011 and reported to Council in December 2011.

There are a total of 101 individual operational land entries. The majority of land parcels could be described as of a minor nature. The Plan seeks to identify and address key sites.

Yields

Land valuation information has been obtained in relation to some key sites as a result of reporting matters to Council. Where this information is available it has been used in the Plan.

The yield assessments presented in this report are broad estimates only that can be refined as the development of any given property progresses.

Key Land Sites

The 2015/16 Plan continues to focus on the key sites identified in the 2013/14 FSPP and an additional initiative involving the sale of surplus small parcels of land has been added. These sites provide Council with the greatest opportunity for development and sale commensurate with available resources.

The key properties identified in this Plan are owned by the four Fund areas, General, Water, Sewer and Waste.

General Fund

· Roundhouse, Ocean Shores

· Lot 12 Bayshore Drive, Byron Bay

· Station Street, Mullumbimby

· Yaran Road, Tyagarah part Lot 49/881232 (adjacent to Tyagarah Aerodrome – northern side)

· Lot 22, Mullumbimby

· Bayshore Drive Works Depot, Byron Bay (Lot 102, DP1087996)

· Various small surplus land parcels (new)

Water Fund

· Fletcher Street Cottage / Old Library, Byron Bay

Sewer Fund

· Old South Byron STP site

· Old Brunswick Heads STP site

· Brunswick Valley STP, Vallances Road, Mullumbimby (including two houses)

· Bangalow STP, Dudgeons Lane, Bangalow

· Lot 4, Mill Street, Mullumbimby

Waste

· Lots 3 & 29 Manse Road, Myocum (including houses)

· Lot 15 (including the 'Bower Cottage') Dingo Lane, Myocum

· Lot 16 Dingo Lane, Myocum

Key Land Site	Assumed Option	Approx Yield	2013/2014	2014/2015	2015/2016	2016/2017	2017/2018
General Fund
5.1 Roundhouse	Subdivision and sale (eleven lots)	$2,000,000	Subdivision works completed	Land reclassification process.	Complete sale.
5.2 Lot 12 Bayshore	Sale post cleanup	Unknown due to large clean up costs, however industrial land of this scale has increased in value.	Amalgamation of lots 1&2 completed. Clean up assessment completed.	Voluntary plan of management (VPM), EIS, DA and commence clean up contract.	Complete clean up contract and finalize land contamination status.	Evaluation and possible sale
5.3 Old Telstra Depot Site	Sale following rezoning	$500,000	Council has resolved to sell by process detailed in the Council resolution.	Completed Sale – proceeds restricted and used for preparation and construction of the Station St subdivision.
5.4 Station Street (* Dependent upon on sale of Telstra site)	Subdivision and sale (4 lots)	$800,000 (yield will be influenced by the scope of works necessary in Station St for stormwater, kerb & gutter, tree removal etc)	Planning, investigation and DA development	Subdivision approval and preparation of S96 to vary the consent conditions.	Subject to S96 approval and viability, complete the subdivision.	Complete Sale
5.5 Yaran Road Tyagarah Airfield	Subdivision and sale	To be determined		Investigate flood and environmental options for subdivision (from Aerodrome) and development options	DA completion and approval. Commercial assessment and potential works.	Sale or commercial lease
5.6 Lot 22 Mullum (New) (* Dependent upon on sale of Telstra site and Station Street)	Subdivision and sale	To be determined	Council workshop held regarding options, including a presentation by SASTHA on affordable housing.	Investigation, flood assessment, and options development.	Planning requirements and DA development	DA approval and commence works.	Complete works.
5.7 Bayshore Drive Works Depot, Byron Bay (Lot 102, DP1087996, 1.79 hectares) (New)	Sale	To be determined		Preliminary investigation undertaken and feasibility study prepared on the potential re-location of the Works Depot to an alternate site and sale of the current site.	Progress the assessment and optimization of depot based services.	Reassess the feasibility and options for a potential re-location.	Implement chosen option.

Water Fund
5.8 Fletcher St	Rental and development	Sale of part of a mixed development could yield a valuable long term asset with associated rental income.	Rental agreements established with the Salvation Army and Golden Breed.	Planning, investigation and assessment around options/concept plans for site, redevelopment	Business case and resolve preferred development model. DA preparation and approval.	Development implementation.	Finalize development.

Sewer Fund
5.9 Laboratory	Sale post lease	$600,000	Sold and proceeds used to part repay and refinance sewerage loan no 56.
5.10 South Byron STP	Sale post rezoning and DCP or retention as a tourism facility.	Sale $3,000,000 Annual tourism return yet to be determined.	Detailed site contamination and remediation action plan completed.	Infrastructure demolition. Future option determination. Start remediation. Start rezoning.	Future option determination. Start remediation. Start rezoning.	Complete rezoning. Finalize remediation. Commence implementation of chosen option.	Complete implementation.
5.11 Brunswick Heads STP	Remediation and open space	This site represents land that could be used for community purposes post remediation which will cost $1.5m	Commenced remediation assessment.	Complete remediation assessment.	Start demolition and remediation.	Complete remediation. Create chosen open space option subject to funding.
5.12 Brunswick Valley STP, Vallances Rd.	Sale post rezoning	$1,800,000	Planning commenced. Liaison with Lands Dept.	Complete crown road purchase.	Complete rural settlement strategy review.	Assess development options.	Implement chosen option
5.13 Bangalow STP	Sale post rezoning	$500,000	Pending	Pending	Complete rural settlement strategy.	Assess development options.	Subdivision DA. Commence works
5.14 Lot 4, Mill St	Sale	$200,000	Completed access works	Complete options review, including potential consolidation with the Vallances Rd property.	Complete rural settlement strategy.	Assess development options.	Implement chosen option eg new use, consolidation or immediate sale.
5.15 Various small surplus land parcels	Sale	To be determined			Commence sale program.	Continue program if viable.	Complete rural settlement strategy.

Waste Fund
5.16 Lots 3 & 29 Manse Road	Sale	$1,000,000	Implemented disposal contract. Landfilling ceased.	Complete Quarry Landfill DA.	Complete assessment of Quarry Landfill/ resource recovery options.	Implement chosen option.	Sell Lot 3 & 29 and use funds to pay down loans to reduce debt servicing costs.
5.17 Lot 15 Dingo Lane Myocum	Retained	NA	Quarry Landfill EIS completed.	Quarry DA assessment	Complete assessment of Quarry Landfill/ resource recovery options.	Assess retention and sale options Potential sale.	Potential sale
5.18 Lot 16 Dingo Lane Myocum	Sale	$1,200,000	Quarry Landfill EIS completed.	Quarry DA assessment.	Complete assessment of Quarry Landfill/ resource recovery options.	Assess retention and sale options Potential sale.	Potential sale

Review of Strategic Options for Land Management

The key properties identified in this Plan are owned by the four Fund areas, General, Water, Sewer and Waste. It is clear there are similarities but also differences between the circumstances of each Fund. As a result the approach and options for property development and asset sales will be different in each area.

The General Fund has limited capacity to borrow, a budget always under pressure to be in surplus, and a significant maintenance backlog for key assets. General Fund land assets in accordance with strategies detailed in the adopted CIP will be utilised to address in part these pressures. It is important to avoid a ‘fire sale’ approach but in cases where strategic land sale does occur, the sale proceeds should be (unless Council directs otherwise – e.g. to retire debt, directed to the Property Development Reserve, etc) directed to a newly created Infrastructure Renewal Reserve. Where funds are directed to the Property Development Reserve these funds will be used to facilitate any necessary expenditure required to make other potential land sites identified for sale to be sold or facilitate funding to develop retained properties so as to generate a recurrent income stream for Council. Other options include (1) for the principal in the infrastructure reserve not to be utilised but interest generated be directed as additional funding towards infrastructure maintenance or renewal; and (2) for funds accumulated in the Infrastructure Renewal Reserve to be utilised as matching funds to release Section 94 funds that are currently underutilised for infrastructure projects due to the non availability of “matching” General Fund sources. The management of this reserve could also be matched with designated investments so that the interest specifically generated by this reserve is allocated to it.

The Water Fund has a low debt servicing ratio, significant reserves and a funded capital works program going forward. Service pricing charges are at median levels. The Fletcher St property was opportunistically purchased using the Water Fund as an available source of funds rather than for any particular strategic outcomes associated with the Water Fund. The property has significant value and the opportunities for development and the need to realise financial benefits is far more aligned with the General Fund. As such, the potential transfer/ purchase of the property from the Water Fund to the General Fund remains an important consideration.

The Sewer Fund has a high debt servicing ratio (now trending downward) as a result of loans used for the completion of the major program of sewerage system augmentations. As a result service pricing charges are comparatively high and reserves have been depleted. The sale of properties could assist with the objective of bringing service pricing charges progressively back to a median value.

The Waste Reserves have been under pressure due to a range of reasons. Sale of the available land holdings at a prudent time will assist with paying down debt and alleviating the cost pressure of debt servicing charges.

Conclusion

The long term financial sustainability of Byron Shire Council is fundamental to the continuance of the local government area and the organisation. There is an imperative in focussing with renewed energy on the opportunity afforded to Council through its operational land holdings. The available land holdings, particularly in the General Fund, are not extensive and as such the stewardship of these assets is critical in creating a sustained revenue stream for key asset maintenance and renewal programs.

Progression of future options for the key strategic land holdings identified in this Plan will require prioritisation and variously need an investment of financial and staff resources.

6. Strategic Procurement

Procurement has a powerful impact on the bottom line of organisations engaged in the process of purchasing and the challenge is to extract maximum benefit to those activities. Strategic procurement is the development of, and continuous review and improvement to, a plan and framework that ensures maximum procurement benefit and ongoing compatibility with the organisation’s other deliverables and objectives. To demonstrate the importance of Strategic Procurement, Council could achieve between 0.5% and 1% savings through its procurement spend then this could have the ability for Council to save between $180,000 and $390,000 per annum. Improvements already delivered under the Strategic Procurement Roadmap are yielding expenditure savings, and the adopted Council Improvement Plan anticipates achieving the 1% ongoing from 2016/17 financial year.

The benefits of taking a strategic approach to procurement are:

· Direct cost savings through lower prices paid.

· Increased value added benefits (such as other social, economic, and environmental objectives)

· Savings achieved through improved systems and process efficiencies (including new technologies)

To leverage the maximum benefit from procurement activities, Council recently completed a strategic procurement review and implement the first 12-months of improvements:

· Review Council purchases and how much it costs to ensure best possible pricing can be achieved.

· Identify risks for Council associated with procurement activity to ensure they are managed appropriately.

· Identify Council’s strategic objectives to identify priority areas for maximum value-add benefits (economic, social, and environmental).

· Council’s procurement systems, processes, methodologies, and resourcing to identify priority areas for efficiency and productivity gains.

· Established Strategic Procurement Steering committee

· Adopted the centre-led procurement model and established roles and responsibilities

· Recruited the new Strategic Procurement Coordinator

· Participating in the NOROC Regional Procurement initiatives

· Implemented the first 6-months of strategic procurement improvement initiatives

The strategic procurement review provided a series of further recommendations, the next 12 months key actions for 2015/16 are set out below:

Action Implementation Plan

1. Develop contracts management guidelines and processes

2. Develop annual procurement plan

3. Develop and implement priority contracts program

4. Detailed spend analysis and reporting

5. Implement on-going procurement and contract management training program

6. Implement targeted program to reduce invoice numbers and transaction costs

7. Develop social and sustainable procurement and economic development plan

8. Review purchase to pay process

9. Implement purchasing cards for low value high volumed transactions

7. Policy and Decision Making

The Policy and Decision making of the Council can have short, medium and long financial implications on the sustainability of Council.

Council during its current term has taken and adopted a number of measures to assist and guide it in its policy and decision making process. In adopting these measures the Council acknowledges and recognises that not all decisions can be made based solely on achieving the objective of improving the financial sustainability of Council.

Council in its policy and decision making processes also gives consideration to other adopted infrastructure, economic, environment, society and cultural objectives.

For the purpose of achieving the objective of improving the financial sustainability of Council, the following measures are used or have been adopted by Council.

Financial Modelling and Reporting

Council under the Integrated Planning and Reporting Framework is required as part of the Resourcing Strategy, developed to support the implementation of the adopted Delivery Program and annual Operational Plan, to prepare a Long Term Financial Plan (“LTFP”) (10 years), Asset Management Plan (“AMP”) (10 years) and Work Force Plan (4 years). Further details on both the LTFP and AMP are provided in later Chapters of the FSPP.

The Long Term Financial Plan (LTFP) is reviewed and adopted by Council each year is prepared based on assumptions and predictions over a longer period of ten years.

The LTFP is used to guide Council in assessing the long and medium term implications of its decision and policy making processes and provides Council with information on the projected long term financial sustainability of Council as an organisation.

Council under the Integrated Planning and Reporting Framework is also required in its annual Statement of Revenue Policy to include its Estimates of Income and Expenditure for the following financial period (refer clause 201(1)(a) LGR 2005). This is the annual budget prepared and adopted by Council.

The Budget prepared by Council each year also includes a projection of the estimates of income and expenditure over a further three year period or the period of the four year Delivery Program. This provides Council with information on the medium term financial sustainability of Council as an organisation.

The adopted annual budget is used to guide Council in assessing the short term implications of its decision and policy making processes.

Council during each Financial Year is required by clause 203 LGR 2005 to review progressive performance against these plans not later than two months after the end of each quarter (except for the June quarter). This process is referred to as the Quarterly Budget Review (QBR), and includes by reference to the estimates of Income and Expenditure in adopted in the Statement of Revenue (budget), details the revised estimate of income and expenditure for the remainder of that financial year.

The QBR provides Council with information on the short term financial sustainability of Council as an organisation during each financial year and informs both Council and the Community of the revenue and expenditure trends against adopted Budget. Each QBR is reported firstly to the Finance Advisory Committee (“FAC”) and then Council. The reports to both the FAC and Council include recommendations from Management on required budget adjustments. The report to Council is also informed by any recommendations from the FAC on required budget adjustments.

Council at its Ordinary meeting held on 19 September 2013 resolved that it receive a monthly Finance Report for a trial period of twelve (12) months. Council at the conclusion of the trial period amended the template of the Finance Report and resolved that Monthly Finance report prepared in accordance with adopted template be distributed to Councillor on a monthly basis.

The Monthly Finance Report is used to guide Council in assessing the short term implications of its decision and policy making processes.

Council Reports

Each Report to Council includes a section on the financial implications of the actions, activities, services or programs dealt with in the Report or the Notice of Motion being considered.

The information detailed in the financial implication section of a Council Report provides Council with information on the impact of the actions, activities, services or programs dealt with in the Report, with a budget area.

Policy Framework

Council through its regular policy and decision making processes can potentially impact on the long term financial sustainability of the organisation so it is critical that the financial implications of each decision is considered carefully on the basis of its potential short, medium and long term impacts. The Council’s Long Term Financial Planning tools can now be used for effective financial modelling of potential council decisions and Council is encouraged to avail itself of this resource prior to making key decisions that have financial implications.

Council is a politically based community organisation and as such councillors are regularly pressured by constituents to support various community initiatives which often have unforseen, (unbudgeted) and recurrent financial implications. While the desire to satisfy changing community expectations is natural and understandable, the Community Strategic Plan represents a compact between the Council and its constituency and represents a discipline in decision-making by the Council. It is important that Council recognises that it can no longer be “all things to all people” and maintains the discipline inherent within this community compact.

Council at its Ordinary meeting held on 18 April 2013 adopted a policy framework to assist it and the FAC to address the short term financial sustainability of the Council during the 2012/13 Financial Year.

This framework was also applied to the 2013/14 and 2014/15 Financial Years and will, with the adoption of the 2015/16 FSP, also be applied to the 2015/16 Financial Year.

The Framework used by Council in its Decision and Policy Making processes to assess and consider the financial implications of these processes is as follows:

· That Council not pass any resolutions authorising new or additional expenditures of money unless an available funding source is identified and quarantined for that purpose.

In addition Council has determined that:

· That any general revenue funded allocated expenditure, not expended in a financial year, will NOT be automatically carried over to the next financial year before it is reviewed and priorities established.

· That in March each year that staff with budget programs in the General Fund will consider the current financial position of each of their budget programs in terms of the remainder of the financial year and that any existing expenditure items funded from general revenue (that is items not funded by reserves, water, sewer or waste revenues or specific purpose grants and contributions) not spent, be reviewed and where budgets have not been committed and do not need to be expedited, that these budgets be identified as expenditure savings.

In relation to the first dot point above, staff will be required, after the end of each Financial Year to submit a bid for any budgets to be carried over, and these bids will be reported to the FAC and then Council for consideration.

Policy Review

Council has developed over time numerous policies to establish direction and assist in implementation of operational decisions through delegation. Some Council policies could be considered to include wording that is restrictive and may not provide for timely decision making on the use of public land or for the day to day operations. It is proposed that those policies not already reviewed, be reviewed during the 2015/16 Financial Year to provide more enabling wording and guidelines to then allow more timely operational decision making through delegation.

Action Implementation Plan

1. Council continue to consider the short, medium and long term financial impacts and the context of Council’s long term financial sustainability in its on-going policy and decision making processes.

2. That any unspent budget votes from the 2014/15 budget recommended to be carried over to the 2015/16 Budget be reported to Council following the end of the 2014/15 Financial Year.

3. That the monthly Finance Report be distributed to Councillors on a monthly basis.

4. That polices that contain wording or provisions that are considered to be restrictive be reviewed to incorporate enabling wording and guidelines for Council’s consideration and approval.

8. Potential Commercial Opportunities

Council from time to time will be presented with the ability to consider a project that has a potential commercial opportunity that it could investigate and develop. Council is in the position to consider, investigate and development potential commercial opportunities both in its role as a Council and also as the Reserve Trust Manager for Crown Reserves that it controls and manages on behalf of the Crown.

These opportunities may include the development of current commercial activities such as the operation of the Council owned and managed Holiday Parks or a new commercial activity. New commercial activities may be associated with the functions that Council currently carries out such as car parking or it might be associated with a new functional area.

The Local Government Act 1993 imposes a framework on Councils regarding its involvement in potential commercial activities. The Office of Local Government has also issued Guidelines under Section 23A to provide Council’s with guidance on areas such Public Private Partnerships, Tendering and Capital Expenditure.

Council under the Local Government Act and the issued Guidelines is required, as part of its governance framework, to consider any proposal with regard to the cost, benefits and business risk to the Council and the wider community. The first consideration of Council in regard to any potential commercial activity is to whether it is within the power of the Council to participate.

Council to date since being elected in September 2012 has identified a number of potential commercial opportunities and ventures that it could consider in the future. These include:

· Development of Byron Bay Swimming Pool/Café

· Development of its Holiday Parks (First Sun and Suffolk Park)

· Development of a Multi-level car park (Byron)

· Foreshore public amenities combined with commercial kiosk/café

· Redevelopment of the Railway park Precinct including the Old Stationmasters Cottage (Byron Bay Visitor Information Centre)

· Redevelopment of the Old Fletcher Street Library Building

· Redevelopment of the Byron Bay Surf Club

· Future management and development of the Tyagarah Aerodrome

The commercial opportunities and ventures identified are located on both Council owned and managed Crown Land.

Council at an Ordinary meeting held on 21 November 2013 resolved (13-613) to fund and proceed with the development of a Masterplan for the Byron Bay Town Centre. A number of the commercial opportunities and ventures identified fall within the Masterplan area and the preliminary investigation or consideration of these projects will form part of the masterplanning process.

Following the Masterplan process, which has involved and included extensive community consultation, further detailed project investigation maybe required for these projects or of other opportunities and ventures identified during the process.

Other projects fall within separate studies or reports being prepared for Council by external Consultants. These projects include the future management and development of the Tyagarah Airfield.

Council at its Ordinary meeting held on 27 February 2014 resolved to commence the process to reclassify part of Lot 100 DP 1023737, being the land on which the Suffolk Park Beachfront Holiday Park. The reclassification process is a pre-requisite to the preparation of a Plan Management of the Holiday Park and development of Holiday Park in accordance with the adopted Plan of Management.

Management will progressively prepare and submit to Council reports on potential commercial opportunities and ventures. The reports will enable Council to consider any commercial opportunity in terms of its responsibility to the community for the prudent management of community assets and finances. Reports will need to identify the scope of any project and/or venture along with the estimated project costs including feasibility studies, probity planning, design costs and scoping costs.

The business case for and risk associated with any project and/or venture will also need to be identified.

Council in considering any proposal will need to ensure that the proposal is commercially sound and meets the Community’s needs and objectives as detailed in the Community Strategic Plan and also the Council’s objectives as detailed in the Delivery Program and the Operational Plan.

Action Implementation Plan

1. Management will progressively prepare and submit to Council reports on any potential Commercial opportunities and ventures identified in the Masterplan for the Byron Bay Town Centre.

2. Management to prepare and submit to Council reports on any potential Commercial opportunities and ventures when identified for any other specific projects, such as:

a) Future management and development of the Tyagarah Aerodrome

b) Development of Byron Bay Swimming Pool/Café

c) Redevelopment of the Old Fletcher Street Library Building

9. Volunteerism

The Byron Shire Local Government area has a high participant rate for community members in the area of volunteerism. Volunteerism is an effective way for community members to be involved in their community and for the community to assist Council in the delivery of services and activities in financially sustainable way.

Council has for many years managed a number of community facilities and hall through Committees established under section 355 of the Local Government Act 1993. The members of the S355 Committees are appointed by Council from nominations received from interested community persons who volunteer their time to assist Council with the management of the community facility or hall.

The delivery of this function or service to the community, by this means, ensures local ownership and pride in the facility or hall and also in its operation and maintenance.

Council, based on the success of this relationship and the financial and social benefits derived by Council and the community, has identified other areas for the community to assist Council in the delivery of services and activities in financially sustainable way.

To pursue these areas further, Council has developed an enabling ‘Volunteering with Council’ Policy and guidelines for Council staff to manage and encourage volunteer projects.

Since its election in September 2012, Council has identified a number of actions to considered in the future, including:

· Address and overcome the current risk averse approach

· Create volunteer network support and resourcing capacity

· Nurture and promote social enterprises

· Develop small scale “neighbourhood” infrastructure projects suitable for local volunteer groups

In the past few years Council has introduced a number of community volunteer projects including Beautify Byron Day (2013 & 2014), Beautify Bangalow (2015) as well as the establishment of the Byron Greeters and a volunteer register.

Council in the 2014/15 Financial Year, in addition to the traditional relationships that it has fostered over a number of years with S355 Committees, Landcare and Dunecare groups along with other volunteer groups on environmental and sustainability projects, is seeking to further develop the Beautify Byron Day and to also develop a number of “adopt a” projects such as:-

· Adopt a road

· Adopt a garden bed

· Adopt a park

Management will progressively prepare and submit to Council reports on these issues and opportunities.

Action Implementation Plan

1. Council to hold a volunteer recognition event, and two networking/information sessions for Section 355 Management Committees.

2. Council will update, promote and increase the number of participants on the Volunteer Register.

3. Management will progressively prepare and submit to Council reports on the areas of volunteerism.

10. Collaborations and Partnerships

This area is important to the short, medium and long term financial sustainability of Council. The importance of Council pursuing both collaborations and partnerships has been highlighted by the recommendations of the Independent Local Government Review Panel in its consultation discussion paper in April 2013 “Future Directions for NSW Local Government – Twenty Essential Steps” for the North Coast Councils.

In the discussion paper the Independent Local Government Review Panel is recommending that a new regional Joint Organisation (“JO”) be established including all NOROC Councils that will undertake a broad range of strategic functions to support the member Councils.

Council to date since being elected in September 2012 has not resolved to investigate any potential opportunities for a collaboration or partnership but has identified number areas that it could consider in the future. These areas include:

· Establishment of a Joint Organisation

· Shared services

· Joint strategic procurement

· Collaborate with government agencies and community organisations in delivering shared projects and outcomes

· Support local events and grow “user pays” visitor economy

· Explore shared regional strategic planning opportunities

· Activate collaborative arrangements outlined in and supported by Council’s MOU with Southern Cross University

Initiatives flowing from the NSW Local Government Reform process support improved collaboration between councils and regional organisations. In an era where resources are increasingly scarce it makes good sense to work together with government agencies, regional organisations and community stakeholders to deliver shared outcomes which give communities a better “bang for their buck” and eradicate unnecessary duplication and waste.

It is important though for Council to document these actions as part of the Financial Sustainability Project Plan, to not only place these actions on the record, but to also to put itself in a position to pursue any opportunities that may arise as the LG landscape changes.

Council during the 2014/15 Financial Year continued to investigate and implement where feasible a number of Agreements or Memorandums of Understanding with other Councils and Organisations. These Agreements were prepared to assist with the sharing of services, assets or resources.

Management will progressively prepare and submit to Council reports on any opportunities for a collaborative or partnership relationship.

Action Implementation Plan

1. Management will progressively prepare and submit to Council reports on any potential opportunities for a collaboration or partnership.

11. Asset Management

Council has an adopted Asset Management Policy (E2015/27107)

Council has an adopted Asset Management Plan (#DM1252114) and this document will be updated in 2015/16.

Byron Shire Council is the custodian of over $800 million of community assets which enable council to provide services to the community. These include roads, drains, bridges, footpaths, public buildings, recreational facilities, parks, gardens, water, sewerage and waste assets. A large number of Council’s services to the community are delivered through infrastructure assets.

The DLG Planning and Reporting Manual states, “as custodian, Council is responsible for effectively accounting for and managing these assets and having regard for the long term and cumulative effects of its decisions. This is a core function of councils and is reflected in the Charter in 28 of the Act”.

Asset management is defined in the International Infrastructure Management Manual (IIMM) as, “ the systematic and coordinated activities and practices of an organization to optimally and sustainably deliver on its objectives through the cost effective lifecycle management of assets”.

The IIMM sets out how an organization can develop its asset management capacity and capability through increasing maturity levels from a minimum standard to core, then intermediate and finally advanced. Council is continuing to develop its asset management capacity and capability. This will allow Council to increasingly address the growing drivers from all levels of government to improve asset management and thereby provide continuity of services to the community on a sustainable basis.

Council has addressed the requirements of the NSW Fit for Future Program for infrastructure management and asset management in the Council Improvement Plan (E2015/38307)

Council is also addressing the requirements of the NSW Local Government Asset Management audit preparedness assessment.

The following actions in 2015/16 support achievement of these outcomes.

Action Implementation Plan

1.	Prepare an infrastructure report for the Fit for Future program	Special Schedule 7 report, complete
2.	Revalue community land, other assets and land improvements to support Fit for Future reporting	Valuations, completed by 30 June 2016
3.	Implement the newly completed asset service plans to address Fit for Future program priorities	Service plans implementation, progressing
4.	Improve the level of asset information to better assist decision making and focus the deployment of asset management resources	Critical asset data improved, = high level of confidence
5.	Develop capital investment strategies and plans that target sustainability and our Fit for Future program priorities	10 year capital plans aligned with Fit for the Future priorities, compete
6.	Creatively develop new and revised funding strategies for better community outcomes	Development charging plans reflect community priorities, complete
7.	Engage with the community on the challenges of asset management	Community Infrastructure Advisory Committee meetings, quarterly

12. Long Term Financial Planning

The need to develop a Long Term Financial Plan (LTFP) is a requirement of Section 403(2) of the Local Government Act 1993.

Council is required under the Integrated Planning and Reporting framework to review its LTFP annually.

The LTFP provides a framework in which a Council can assess its revenue building capacity to meet the activities and level of services outlined in its Community Strategic Plan, Delivery Program and Operational Plan. It also:

· Establishes greater transparency and accountability of Council to the Community.

· Provides an opportunity for early identification of financial issues and any likely impacts in the longer term.

· Provides a mechanism to solve financial problems as a whole, see how other plans fit together and understand the impact of some decisions on other plans or strategies.

· Provides a means of measuring Council’s success in implementing strategies.

· Confirms that Council can remain financially sustainable in the longer term.

The LTFP must support or provide for the following essential elements:

· Must be used to inform the decision making during the finalisation of the Community Strategic Plan and the development of the Delivery Program.

· Must be for a minimum of 10 years.

· Must be updated at least annually as part of the development of the Operational Plan.

· Must be reviewed in detail as part of the four yearly review of the Community Strategic Plan.

The basic structure of LTFP must include the following:

· Projected income and expenditure, balance sheet and cash flow statement.

· Planning assumptions used.

· Methods of monitoring financial performance.

· Sensitivity analysis and modelling for different scenarios.

Council at its Ordinary meeting held on 17 September 2015 resolved via Resolution 15-427:

‘That Council adopt the updated Draft Long Term Financial Plan 2015-2025 for the General Fund

and that the overall Long Term Financial Plan be further updated upon completion of the Water

and Sewerage Business Plans’.

The 2015-2025 Long Term Financial Plan has also been updated to include the Fit for the Future benchmarks as performance indicators and is reflective of the five scenarios lodged by Council to the Independent Pricing and Regulatory Tribunal (IPART) as part of Council’s endorsed Council Improvement Proposal (CIP).

The 2015/2016 Budget Estimates were adopted by Council form the base year of the 2015-2025 Long Term Financial Plan but it only contains information relevant to the General Fund.

During the course of the 2015/2016 financial year, the Long Term Financial Plan 2015-2025 will be updated and reported to the Finance Committee to include the consolidation of Water and Sewerage business plan information once received.

In addition it is proposed to develop the 2016-2026 Long Term Financial Plan as part of the 2016/2017 Operational Plan process with adoption anticipated at the time Council adopts the 2016/2017 Operational Plan prior to 30 June 2016.

Action Implementation Plan

1. Update the 2015-2025 Long Term Financial Plan with Water and Sewerage business plan information during the 2015/2016 financial year.

2. Develop the 2016-2026 Long Term Financial Plan in conjunction with the 2016/2017 Operational Plan and report to the Finance Advisory Committee/Council prior to 30 June 2016.

13. Performance Indicators

The success of any plan after the initial and ongoing implementation needs to be measured. This is also true for Council’s Financial Sustainability Project Plan (FSSP). To do this, Council needs to be able to identify what improvements have been made to the overall financial sustainability of Council, over time through the implementation of the strategies/actions contained in the FSSP.

Performance indicators are a tool to demonstrate the achievement of the FSPP strategies/actions.

The outcomes from the implementation of the FSPP 2014/15 have been identified in the earlier chapters of this document with the financial outcomes summarised in Chapter 14 - Summary of 2014/15 Financial Outcomes. The financial outcomes for the FSPP 2015/16 will be measured as follows:

· Through quarterly reporting to the Finance Advisory Committee (FAC) and Council on FSPP outcomes.

· The recognition of new or increased revenues and / or with expenditure savings (financial outcomes) will be recognised through the QBR process. Structural changes to both revenue sources and expenditure will be updated in the base budget during the preparation of the 2016/17 Budget. The financial outcomes delivered by the FSP will then flow into the Council’s Long Term Financial Plan.

· Comparison and assessment of the Note 13 and Special Schedule 7 performance ratios disclosed annually in Council’s audited financial statements which should indicate a trend improvement from FSPP outcomes.

· Ongoing monitoring of the seven benchmarks established for the NSW Government ‘Fit for the Future’ regime to ensure Council maintains it’s ‘Fit’ Outcome.

Action Implementation Plan

1. Ongoing quarterly reporting to the Finance Advisory Committee (FAC) and Council on FSPP outcomes.

2. Recognition through the QBR process of financial outcomes delivered by the FSPP.

3. Structural changes to both revenue sources and expenditure will be updated in the base budget during the preparation of the 2016/17 Budget.

4. The financial outcomes delivered by the FSPP updated into the Council’s Long Term Financial Plan and modelled in the Long Term Financial Plan Scenarios.

5. Assessment of the Note 13 and Special Schedule 7 performance ratios disclosed annually in Council’s audited financial statements which should indicate a trend improvement from FSSP outcomes.

6. Assessment of the seven ‘Fit for Future’ benchmarks on an ongoing basis to ensure Council maintains the ‘Fit’ outcome.

DEVELOPMENT APPLICATION EVALUATION REPORT

Doc No. #A2014/19344

DA No:	10.2014.417.1
Proposal:	Demolition of existing residential flat building & construction of a new residential flat building and associated works
Property description:	LOT: 0 SP: 16094 43 Lawson Street BYRON BAY
Parcel No/s:	41930
Applicant:	D P Roberts Planning Solutions
Owner:	The Owners of Strata Plan 16094
Zoning:	7(f2) Urban Coastal Land Zone
Date received:	18 July 2014
Integrated Development:	No
Public notification or exhibition:	- Level 2 advertising under DCP 2010 Chapter 17 – Public Notification and Exhibition of Development Applications - Exhibition period: 29/7/14 to 11/8/14 - Submissions: For 0 Against 2
Other approvals (S68/138):	Not applicable
Planning Review Committee:	N/A
Delegation to determination:	Council
Recommendation:	It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2012.474.1 for demolition of existing residential flat building and construction of new residential flat building and associated works, be refused for the following reasons: 1. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to meet the development standard for maximum height of buildings as set out within Clause 40 of Byron Local Environmental Plan 1988. An objection under State Environmental Planning Policy No. 1 to vary this development standard is not supported. 2. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning & Assessment Act 1979, the proposal breaches a number of requirements within Development Control Plan 2010 including the maximum building height plane, maximum density provisions, minimum landscaping requirements, provision of clothes drying areas, maximum cut and fill and maximum fence heights. 3. Pursuant to Section 79C(1)(b) of the Environmental Planning & Assessment Act 1979, the proposal is likely to have a significant impact on the surrounding built environment and the occupants of that environment. 4. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to demonstrate that the development has sufficient design quality having regards to the principles and code requirements of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development. 5. Pursuant to Section 79C(1)(a)(ii) of the Environmental Planning & Assessment Act 1979, the proposal is inconsistent with the future planning direction for the site as set out within Clauses 4.1E, 4.3 and 4.4 Byron Local Environmental Plan 2014, which is an instrument that has been the subject of public consultation under the Environmental Planning and Assessment Act 1979. 6. Pursuant to Section 79C(1)(e) of the Environmental Planning & Assessment Act 1979, the it is not in the public interest to support the proposal as it breaches a number of development control requirements and has an adverse impact on the surrounding built environment. 7. Pursuant to Section 79C(1)(c) of the Environmental Planning & Assessment Act 1979, the site is assessed as being unsuitable for the development proposed. 8. Pursuant to Section 79C(1)(d) of the Environmental Planning & Assessment Act 1979, consideration of public submissions received with respect of the proposal raise valid planning reasons to refuse the Development Application. 9. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to demonstrate that the site is suitable for use having regards to the assessment requirements of State Environmental Planning Policy No. 55 – Remediation of Land.

1. INTRODUCTION

1.1 History/Background

The subject allotment contains a three storey building that contains 6 x 2 bedroom units that were approved under Building Application No. 1980/10. The existing building is somewhat unique in the locality, constructed of face brick walls, aluminium framed windows and concrete tile roofing. The building includes an attached single storey garage fronting Lawson Street with provision for 6 vehicles.

The Development Application was lodged with Council on 18 July 2014 which was three days before the commencement of Byron Local Environmental Plan 2014. Accordingly, the proposal is required to be assessed in consideration of Byron Local Environmental Plan 1988 and Byron Development Control Plan 2010. It is noted that the Environmental Planning and Assessment Act 1979 requires Council to consider Byron Local Environmental Plan 2014 as a draft instrument only.

1.2 Description of the site

The site of the proposed development is described as Lots 1-6 in Strata Plan 16094 and is located at No. 43 Lawson Street, Byron Bay. The allotment is located on the northern side of Lawson Street and takes access from this through road.

The allotment has a rectangular configuration with a street frontage and rear boundary dimensions of 21.3 metres, and side boundary dimensions of 33.38 metres, providing an area of 711 square metres. The site is generally level throughout but falls very slightly from the centre of the allotment to the north, south and west. Large residential allotments adjoin to the east and west, with an apartment building occupying the adjacent lot to the west. An apartment building occupying the allotment to the east was recently demolished to make way for a new development. A public reserve adjoins the site to the north which extends into the Byron Bay foreshore.

Vegetation on the site is limited to grasses and isolated landscaping trees and palms.

1.3 Description of the proposed development

Development consent is sought to demolish the existing development on the site and construct a new residential flat building made up of a basement level and three levels above ground.

The design includes three separate units on both the ground level and first level, and a single unit on the second level. Terrace and balcony areas are proposed on the northern side of the building providing solar access for each individual unit. Four swimming pools are proposed at ground level and a lap pool and spa are proposed on the second floor.

The proposed building includes a mix of materials and incorporates balcony areas on the northern and southern elevations. The majority of bedrooms within the development are located along the eastern and western elevations with screened windows facing neighbouring properties. A total of 16 car parking spaces are proposed within the basement car park. Internal staircases and a lift provide access to each floor within the development.

An indicative landscaping plan has been submitted to support the development. The configuration of the proposed units are described below:

Unit	Bedrooms	Parking	Gross Floor Area	Private open space provision
1	2	2 spaces	94.0m²	22.6m² courtyard with plunge pool
2	1	2 spaces	54.9m²	25.6m² courtyard with plunge pool
3	3	2 spaces	95.3m²	22.6m² courtyard with plunge pool
4	3	2 spaces	121.0m²	13.6m² balcony
5	1	2 spaces	54.9m²	17.1m² balcony
6	3	2 spaces	141.4m²	13.6m² balcony
7	4	2 spaces	214.5m²	166.8m² balcony with lap pool & spa

2. SUMMARY OF REFERRALS

	Issue
Development Engineer	Access, parking, stormwater disposal, coastal erosion and contributions.
Water & Waste Services	Water supply and Sewer connection Clause 45 of Byron LEP 1988 Developer contributions
Environmental Officer	SEPP 55, Noise, Land use conflicts, acid sulfate soils
NSW Office of Water	Dewatering licence

2.1 Comments from NSW Office of Water

The proposal includes over 3 metres of excavation to create a basement car parking area. Such would likely require a dewatering licence. Correspondence from NSW Office of Water advised as follows:

2.2 Consultation with Applicant

An initial assessment of the proposal identified a number of non-compliances with Council’s development control requirements. These include breaches of the maximum height requirements of Byron Local Environmental Plan 1988 and multiple breaches of Development Control Plan 2010 relating to building setbacks, building height plane, overshadowing, privacy, lack of landscaping, bulk and scale.

Clause 40 of Byron Local Environmental Plan 1988 prescribes maximum height requirements for the subject site. A maximum overall height of 9.0 metres and a maximum uppermost floor level of 4.5 metres apply in this case. The proposal breaches both of these requirements. An objection under State Environmental Planning Policy No. 1 was submitted with the Development Application requesting a variation to the requirements of Clause 40, arguing that compliance with the height controls is unreasonable and unnecessary in the circumstances of the case.

In August 2014, the Applicant was formally requested to provide an amended proposal that addressed the non-compliances raised in the initial assessment. A meeting was held with the Applicant to discuss options to achieve greater compliance with Council’s development controls. These included reducing the height of the proposal, increasing the boundary setbacks and reducing the number of proposed dwelling units. In addition, issues raised within public submissions that were received during the public exhibition of the development application were discussed. These included privacy, density and overshadowing concerns.

The original proposal that was submitted to Council in July 2014 sought approval for 9 dwelling units. Amended plans were submitted by the Applicant in late August 2014 showed a reduction in the number of proposed dwelling units to 7. In addition, the amended plans showed some additional deep soils landscape planting areas. However, the amended proposal made no improvement to the design of the development having regards to height, building setbacks, building height plane, overshadowing, privacy, bulk and scale.

Documentation accompanying the amended plans submitted by the Applicant argued that an existing approval on the adjoining property to the east (45-47 Lawson Street) provides a level of justification for the variations proposed within the amended design. A review of the development approval history of this adjoining site confirms that the approved design relates back to a Development Application for a motel that was granted consent in April 2001, a time when the maximum height controls in Byron Shire were very different to the current controls. Further, the most recently approved plans for this neighbouring property provide a greater level of compliance with building setback and building height plane controls than the proposal for 43 Lawson Street.

The subject site is surrounded by a mixture of development forms and densities. The proposal seeks to create a similar form of development to that approved on the adjoining site to the east, however the subject site is significantly smaller that the neighbouring property with less area available to accommodate a development of its proposed height and density. The small site area (711 square metres) creates a situation where non-compliances with development controls cumulate to a point where the design is not able to be supported on planning grounds.

Further conversations were entered into with the Applicant in November/December 2014 seeking to have outstanding planning issues resolved. However, the Applicant indicated at that time that the final proposal had been submitted to Council for assessment. Accordingly, a draft assessment report for the proposal was completed in February 2014 with a recommendation for refusal. A copy of this draft assessment report was forwarded to the Applicant with an invitation to provide an amended proposal which addressed the issues raised within the report. No response was received from the Applicant.

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

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

3.1. STATE/REGIONAL PLANNING POLICIES AND INSTRUMENTS

Requirement	Requirement	Proposed	Complies
State Environmental Planning Policy No. 1 – Development Standards	Refer to issues section below.	Refer to issues section below.	Refer to issues section below.
State Environmental Planning Policy No. 71 - Coastal Protection	Matters for consideration for development within the coastal zone: - retention of existing public access to the coastal foreshore - impact of effluent disposal on water quality - development must not discharge untreated stormwater into a coastal water body	- No public access to the coastal foreshore will be impeded or diminished as part of the proposal - No effluent is proposed to be disposed other than to Council’s sewerage system. - Stormwater is to be discharged to the street.	Yes Yes Yes
State Environmental Planning Policy No. 55 – Remediation of Land	Council must: (a) considered whether the land is contaminated, and (b) if the land is contaminated, if the land is suitable in its contaminated state or after remediation, and a) be satisfied the land will be remediated before the land is used.	As the proposal is likely to significantly remove most of the surface soil layer over the property, the risk from past land use contamination may have been considered to be low. Concerns might be raised in relation to potential hazards from radioactive sands. Councils’ mapping does not have any information to indicate the hazard rating for this land. SEPP 55 should have been addressed by the applicant. Insufficient information provided to make a determination.	No
NSW Coastal Policy 1997	Development within the Coastal Zone must be consistent with the Aims, Objectives and Strategic Actions of the Coastal Policy.	The proposal does not compromise the provisions of the Coastal Policy.	Yes
Building Code of Australia	The proposal must be capable of compliance with the structural and safety requirements of the Building Code of Australia.	A condition can be included if consent is granted to ensure the BCA requirements are met.	Yes
Demolition	Demolition is to be carried out in accordance with the requirements of Workcover and AS2601 – Demolition of Structures.	A condition can be included if consent is granted to ensure the Workcover and AS2601 requirements are met.	Yes
Disability Access (DDA)	Access for persons with disabilities and integration into surrounding streetscapes without creating barriers. (Council Res.10-1118)	Although DDA requirements are not triggered for the proposed residential flat building, the design includes a lift to provide access from the basement to each level of the development.	N/A

* Issues discussed below

State/Regional Planning Policies and instruments - Issues

State Environmental Policy No. 1 – Development Standards

The proposed development includes the demolition of an existing three storey building and replacement with a new building with a basement car parking area and three levels above ground. The new building exceeds the two prescriptive requirements of Clause 40 of Byron Local Environmental Plan 1988:

b) the uppermost floor level of the proposed building is 5.8 metres above the existing ground level. This is 1.3 metres over the maximum 4.5 metre requirement of Clause 40.

c) the overall height of the proposed building is 10.2 metres above ground level at the highest point of the building. This is 1.2 metres over the maximum 9.0 metre requirement of Clause 40.

The Applicant has submitted an objection under State Environmental Planning Policy No. 1 arguing that compliance with the requirements of Clause 40 is unreasonable and unnecessary in the circumstances of the case. Comments in relation to this objection are provided under the relevant assessment headings below.

· Is compliance with the standard consistent with the aims of SEPP 1 and does compliance with the standard hinder the objects of the EP&A Act 1979 under Section 5(a)(i) and 5(a)(ii).

These objects of the Act are to encourage:

(i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(ii) the promotion and co-ordination of the orderly and economic use and development of land,

Byron Local Environmental Plan 1988 sets out development standards to co-ordinate the orderly and economic development of land. The fact that the proposal deviates from the requirements of this plan is contrary to this object. Although the aims of SEPP 1 are to provide flexibility in applying development standards, it is not satisfied in this case that the variation proposed is well founded.

· Is compliance with the standard unreasonable or unnecessary in the circumstances of the case and is the development standard unreasonable or unnecessary.

The applicant provides the following comments in this regard:

A review of the approved plans for the existing development on the site shows that the building to be demolished has a height of 8.8 metres which is consistent with the 9.0 metre maximum. As stated, this building is to be demolished and a completely new building erected in its place. With a vacant site to work from, it is not possible to form an argument that it is unreasonable and unnecessary to design a building that meets the overall 9.0 metre height requirement. This aspect of the SEPP No. 1 Objection is not supported.

Documentation accompanying the amended plans submitted by the Applicant argued that an existing approval on the adjoining property to the east (45-47 Lawson Street) provides a level of justification for the variations proposed within the amended design. Council’s Development Application file for this site shows that in April 2001, consent was granted to Development Application No. 10.2000.460.1 for a new motel development at 45-47 Lawson Street. The approved motel met Council’s height requirements at the time, which prescribed a maximum 7.5 metres when measured from ground level to the top plate of the building. The approved development contained three storeys and an overall height of 10.83m above ground level.

Council’s records indicate that Development Consent No. 10.2000.460.1 was lawfully commenced, but in December 2012 the owners of 45-47 Lawson Street submitted an amended design as part of a new Development Application for the site (Development Application No. 10.2012.407.1). This amended proposal included an objection under State Environmental Planning Policy No. 1 to the overall height of the development, with an overall height of 10.2 metres proposed. This proposal was supported by on the basis that the 2001 approval for Development Application No. 10.2000.460.1 allowed a greater height.

It is agreed that the 4.5 metre uppermost floor level requirement of Clause 40 can be varied using SEPP No. 1 on the basis that Byron Local Environmental Plan 2014 no longer includes an uppermost floor level development standard. It would be unreasonable and unnecessary to enforce this aspect of Clause 40 when the new Local Environmental Plan does not require it.

It is noted that in 2014, Council determined not to support a variation to the maximum 9.0 metre height requirement for a development proposal within Station Street, Bangalow. A subsequent appeal to the NSW Land and Environment Court was successfully defended on this determination.

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

Requirement	Proposed	Complies
(a) an explanation of the design in terms of the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development,	Refer to issues section below.	Refer to issues section below.
(b) drawings of the proposed development in the context of surrounding development, including the streetscape,	Drawings were submitted with the Development Application partly showing the streetscape.	Yes
(c) development compliance with building heights, building height planes, setbacks and building envelope controls (if applicable) marked on plans, sections and elevations,	The drawings submitted do not accurately detail the maximum 9.0 metre overall height and maximum 4.5 metre uppermost floor level requirements.	No
(d) drawings of the proposed landscape area, including species selected and materials to be used, presented in the context of the proposed building or buildings, and the surrounding development and its context,	The landscaping plans submitted are indicative only.	No
(e) if the proposed development is within an area in which the built form is changing, statements of the existing and likely future contexts,	Comments have been provided in this regard, particularly addressing the new construction on the adjoining allotment to the east.	Yes
(f) photomontages of the proposed development in the context of surrounding development,	Photomontages were proposed as part of the Development Application.	No
(g) a sample board of the proposed materials and colours of the facade,	Sample board of the proposed materials and colours was not provided with the development application.	No
(h) detailed sections of proposed facades,	Sections were submitted as part of the plan set.	Yes
(i) if appropriate, a model that includes the context.	A model was not warranted in this case.	Yes

Design Quality Principles

In determining a development application for consent to carry out residential flat development, a consent authority is to take into consideration the design quality of the residential flat development when evaluated in accordance with the design quality principle.	Comment
Principle 1: Context Good design responds and contributes to its context. Context can be defined as the key natural and built features of an area. Responding to context involves identifying the desirable elements of a location’s current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity of the area.	Although limited details of materials and colours were provided, the proposal appears to use elements similar to those used on the approved development on the adjoining site to the east (which is under construction).
Principle 2: Scale Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and the surrounding buildings. Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.	The proposal exceeds the maximum height requirements of both Byron LEP 1988 and Byron LEP 2014. Further, the proposal exceeds the building height plane requirements of DCP 2010 and DCP 2014. As these document prescribe the desired future character of the area, the bulk and scale of the proposed development is not appropriate.
Principle 3: Built form Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments, proportions, building type and the manipulation of building elements. Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.	As above.
Principle 4: Density Good design has a density appropriate for a site and its context, in terms of floor space yields (or number of units or residents). Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition, are consistent with the stated desired future density. Sustainable densities respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality.	As above.
Principle 5: Resource, energy and water efficiency Good design makes efficient use of natural resources, energy and water throughout its full life cycle, including construction. Sustainability is integral to the design process. Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.	The original Development Application included a BASIX Certificate (for 9 units). An amended Certificate was not submitted for the revised proposal (for 7 units).
Principle 6: Landscape Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in greater aesthetic quality and amenity for both occupants and the adjoining public domain. Landscape design builds on the existing site’s natural and cultural features in responsible and creative ways. It enhances the development’s natural environmental performance by co-ordinating water and soil management, solar access, micro-climate, tree canopy and habitat values. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character. Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbours’ amenity, and provide for practical establishment and long term management.	The proposal includes an indicative landscaping plan that is well short of Council’s required landscaping for the site.
Principle 7: Amenity Good design provides amenity through the physical, spatial and environmental quality of a development. Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.	The proposal includes lift access and a variety of unit layouts. Private open space and balcony areas have also been incorporated into the design.
Principle 8: Safety and security Good design optimises safety and security, both internal to the development and for the public domain. This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces.	The proposal has well defined public and private spaces. The proposed balconies face north over the public reserve.
Principle 9: Social dimensions and housing affordability Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities. New developments should optimise the provision of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community. New developments should address housing affordability by optimising the provision of economic housing choices and providing a mix of housing types to cater for different budgets and housing needs.	The application states that the proposal increases affordable housing options within Byron Bay. This statement is not supported in the context of this proposal. The development is clearly a high-end residential proposal.
Principle 10: Aesthetics Quality aesthetics require the appropriate composition of building elements, textures, materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to desirable elements of the existing streetscape or, in precincts undergoing transition, contribute to the desired future character of the area.	Although limited details of materials and colours were provided, the proposal appears to use elements similar to those used on the approved development on the adjoining site to the east (which is under construction).

3.2. BYRON LOCAL ENVIRONMENTAL PLAN 1988

Zone: 7(f2) Urban Coastal Land Zone

Definition: Residential Flat Building

LEP Requirement	Summary of Requirement	Proposed	Complies
Clause 9 - Meets objectives of 7(f2) Urban Coastal Land Zone	(a) to identify urban land likely to be influenced by coastal processes, (b) to permit urban development within the zone subject to the council having due consideration to the intensity of that development and the likelihood of such development being adversely affected by, or adversely affecting, coastal processes, (c) to permit urban development within the zone subject to the council having due consideration to: (i) the need to relocate buildings in the long term, (ii) the need for development consent to be limited to a particular period, (iii) the form, bulk, intensity and nature of the development, and (iv) continued safe public access to the site, and (d) to allow detailed provisions to be made, by means of a development control plan, to set aside specific areas within the zone for different land uses and intensities of development.	The subject site has been identified as being influenced by coastal processes as it is located within Coastal Erosion Precinct No. 2. An assessment of the proposal found that the site is over 90 metres from the February 2010 erosion escarpment. The proposal can be supported having regards to the objectives (a) and (b) of the zone subject to conditions that limit the time period of the consent should a large erosion event or a series of events occur in the future. In relation to Objective (c), the proposal does not raise any public access issues, and time periods could be applied to the consent if approved. However, the form, bulk and intensity of the proposed development has been assessed as excessive for the 711 square metre site. The proposal is inconsistent with a number of planning controls and is not supported in its current form.	Yes No
Clause 9 - Permissible use	Residential flat building means a building which contains 3 or more dwellings.	A ‘residential flat building’ is a land use that is permissible with consent within the 7(f2) Zone. The proposal includes 7 dwellings within a 711 square metre allotment. The proposed density is discussed within the section of this report addressing DCP 2010 below.	Yes
Clause 40 - Height of buildings	Overall height of development must not exceed 9.0m above existing ground level and the maximum height of the upper floor must not exceed 4.5m above existing ground level.	Height 10.2 metres Upper Floor Level 5.8 metres	No*
Clause 45 - Provision of Services	Prior adequate arrangements must be made for the provision of services to the allotment.	The allotment has access to Council’s water and sewer services. Stormwater disposal is proposed to existing infrastructure.	Yes
Clause 52 – Tree Preservation	In conjunction with Cluse 2, minimise the removal of vegetation.	The proposal includes the removal of all vegetation from the site to accommodate the proposed development. No issues are raised with the proposed removal as it relates to common landscape species only.	Yes

*Issues discussed below

BYRON LOCAL ENVIRONMENTAL PLAN 1988 - Issues

Clause 40 – Height of Buildings

The proposed residential flat building exceeds the two prescriptive requirements of Clause 40, that is the 4.5 metre upper most floor level and the 9.0 metre overall height requirement. The uppermost floor of the proposed development has a height of 5.8 metres above the existing ground level. The overall height is 10.2 metres above ground level at the highest point of the building.

The Development Application includes an objection under State Environmental Planning Policy No. 1 to the development standards set out within Clause 40. This is discussed under Section 3.1 of this report above.

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

Draft Byron Local Environmental Plan 2012 commenced public exhibition on 24 September 2012 and subsequently became effective on 21 July 2014.

Land use zone (Cl. 2.3) – Byron Local Environmental Plan 2014 lists the subject property within the R3 Medium Density Residential Zone, a zone in which multi dwelling housing and residential flat buildings remain a permissible form of development.

Minimum lot size for residential flat buildings (Cl. 4.1E) – this Clause of Byron Local Environmental Plan 2014 requires a minimum allotment size of 800 square metres for residential flat buildings within the R3 Medium Density Residential Zone. The subject site has an area of only 711 square metres. The proposal is inconsistent with the provisions of Clause 4.1E, but benefits from an existing residential flat building on the property.

Maximum floor space ratio (Cl. 4.4) – the maximum floor space ratio map within Byron Local Environmental Plan 2014 provides a 0.8:1 maximum for the subject site. With a site area of 711 square metres and a gross floor area of 776 square metres, the proposal has a floor space ratio of 1.09:1 (which is 207.2 square metres greater than that permitted under Byron Local Environmental Plan 2014, this is almost equivalent to the total floor area of Proposed Unit 7 as shown in the DCP table below). The proposed floor area is excessive for the site having regards to the 2014 Local Environmental Plan.

Maximum height of buildings (Cl. 4.3) – the maximum height of buildings map within Byron Local Environmental Plan 2014 provides a 9.0 metre limit within the subject site which is consistent with Byron Local Environmental Plan 1988. The applicant seeks to vary this requirement using a SEPP No. 1 objection. As discussed earlier in this report, the objection is not supported. The fact that the 2014 Local Environmental Plan reinforces the 9.0 metre maximum height requirement provides further justification not to support a variation.

3.3 DEVELOPMENT CONTROL PLANS

Development Control Plan 2010

Development Control Requirement					Proposed			Required				Compliance
Site Area (Sec. C3.5 DCP 2010)					710.994 m²			1900m²				No
Frontage (Sec. C3.5 DCP 2010)					21.3 m			20m				Yes
Height (Cl. 40 BLEP 1988)			Overall height		10.2 m			9m				No
Height (Cl. 40 BLEP 1988)			Uppermost floor		5.3 m			4.5m				No
Maximum cut / fill (Sec. C2.7 DCP 2010)					1.4 m fill			1.0 m (max)				No
Maximum cut / fill (Sec. C2.7 DCP 2010)					3.6m cut			1.0 m				No
Gross Floor Area	Unit 1				94.0m²			-				N/A
	Unit 2				54.9m²			-				N/A
	Unit 3				95.3m²			-				N/A
	Unit 4				121.0m²			-				N/A
	Unit 5				54.9m²			-				N/A
	Unit 6				141.4m²			-				N/A
	Unit 7				214.5m²			-				N/A
	Total				776 m²			-				N/A
Density Control (Sec. C7.1 (DCP 2010)
Unit Size	Small (<55m² floor plan area)				2 units			200m² / unit				-
	Medium (55-85m² floor plan area)				0 units			250m² / unit				-
	Large (>85m² floor plan area)				5 units			300m² / unit				-
	Total				7 units on 711m²			Required Site Area: 1900m²				No
Setbacks (Sec. 2.6 DCP 2002 & Sec 2.13 DCP 14)	Front (building)				6.5m			6.5m				Yes
	Front (pool)				1.2m			6.5m				No
	Rear (building)				>5.0m			0.9m				Yes
	Rear (pool)				0.0m			0.0m				Yes
	Side (east)				1.5m			0.9m				Yes
	Side (west)				1.5m			0.9m				Yes
Building Height Plane (Sec. 2.5 DCP 2010)	Front				Above BHP			Below BHP				No*
	Rear				Above BHP			Below BHP				No*
	Side (east)				Above BHP			Below BHP				No*
	Side (west)				Above BHP			Below BHP				No*
On Site Car Parking (Table G2.1 DCP 2010) – Residential Flat Building
Unit Size (One (1) space per unit must be covered)	< 55m²floor area @ 1 / unit				2 spaces			2 spaces				Yes
	55-85m² floor area @ 1.5 / unit				0 spaces			0 spaces				N/A
	> 85m² floor area @ 2 / unit				10 spaces			10 spaces				Yes
	Visitor Parking @ 1 / 4 units				4 spaces			2 spaces				Yes
Common Landscaped Area (Sec. C7.5 DCP 2010)
Treatment	Minimum 75% absorbent finish											No
Unit Size	<55m² floor plan area				2 units				50m²per unit			No
	55-85m² floor plan area				0 units				70m² per unit			N/A
	>85m² floor plan area				5 units				90m² per unit			No
Private Open Space – Courtyards (Sec. C7.2 DCP 2010)
Minimum Area at Natural Ground Level		Unit 1			>30m²					30m²		Yes
		Unit 2			>30m²					30m²		Yes
		Unit 3			>30m²					30m²		Yes
		Unit 4			~					Balcony		See below
		Unit 5			~					Balcony		See below
		Unit 6			~					Balcony		See below
		Unit 7			~					Balcony		See below
Minimum Dimensions		Unit 1			4m x 4m					4m x 4m		Yes
		Unit 2			4m x 4m					4m x 4m		Yes
		Unit 3			4m x 4m					4m x 4m		Yes
		Unit 4			~					~		N/A
		Unit 5			~					~		N/A
		Unit 6			~					~		N/A
		Unit 7			~					~		N/A
Private Open Space – Balconies (Sec. C7.3 DCP 2010)
Private Open Space Balconies				Unit 1						0m²		Yes
				Unit 2						0m²		Yes
				Unit 3						0m²		Yes
				Unit 4		13.6m²				15m²		No
				Unit 5		17.1m²				15m²		Yes
				Unit 6		13.6m²				15m²		No
				Unit 7		166.8m²				15m²		Yes
Sound Proofing (Sec. C7.6 DCP 2010)
Noise Sources Sited Away from Adjoining Properties												Yes
Sound Resisting Division Walls and Floors												Yes
Clothes Drying Facilities – Suitably Screened (Sec. C7.7 DCP 2010)
Rate		7.5m line per dwelling										No
Area		Minimum 6m² (or sufficient area to accommodate)										No
Garbage (Sec. C7.8 DCP 2010)
Bins		Min. 1 x 240L per unit										Yes (basement)
Equity of Access & Mobility (Sec. C7.9 DCP 2010)
1 adaptable dwelling per 10 dwellings in accordance with AS4299												N/A
Continuous Path of Travel in accordance with AS1428.2												N/A
1 parking space in accordance with AS2890 Part 1 per adaptable dwelling												N/A
1 visitor parking space in accordance with AS2890 Part 1 per 100 spaces												N/A
Pipes and Vents (Sec. C7.10 DCP 2010)
Concealed Within Walls												Yes
Access Provided												Yes
TV Antennas (Sec. C7.11 DCP 2010)
Common Antenna or Dish System												N/A
Fence Heights (Sec. C3.6 DCP 2010)
Front Fence							2.6m				1.2m	No
Side Fence (within front building setback line)							2.6m				1.2m	No
Side Fence (behind building setback)							2.1m				1.8m	No
Rear Fence							1.8m				1.8m	Yes

*Non-complying issues discussed below

Development Control Plan 2010 - Issues

Chapter 1 Part C - Residential Development

Part C2.5 - Building Height Plane

The proposed building encroaches on the building height plane on all four property boundaries. The Applicant has sought a variation to the DCP requirement for these encroachments.

Southern and Northern Boundaries

An inspection of the site confirmed that the adjoining land to the south comprises a public road reserve (Lawson Street) and that the land to the north is a public reserve. The image below demonstrates that the building height plane encroachments on these boundaries are minor. The impacts on the adjoining lands to the north and south is likely to be minimal. A variation to the building height plane requirements on these boundaries could be supported if the application is approved.

Figure 1 – Proposed development showing building height plane encroachments on northern and southern boundaries

Eastern and Western Boundaries

The proposed development includes significant breaches on the building height plane on the eastern and western boundaries of the allotment. Figure 1 below shows the extent of the proposed encroachments in red. Figure 2 shows the existing building that is to be demolished, also showing building height plane encroachments.

Figure 2 – Proposed development showing building height plane encroachments one eastern and western boundaries

Figure 3 – Existing development showing building height plane encroachments on eastern and western boundaries

It is clear from the figures above that the proposed development will result in a substantial increase in building height plane encroachments. The proposed building is setback 1.5 metres to both the eastern and western boundaries of the allotment, which is significantly less than the minimum 4.3 metre side boundary setbacks of the existing building. It is noted also that the proposed building extends for over 24 metres along the 33 metre length of the property. The building located on the adjoining allotment to the west has a setback of approximately 3.5 metres from the common boundary to the site. A recent approval for a development on the adjoining allotment to the east allowed a building setback of 1.65 metres.

The objectives of Part C2.5 of DCP 2010 relate to the protection of privacy, solar access and the views of adjacent properties. In the case of the proposed development, additional privacy and overshadowing impacts will arise as a result of the building height plane encroachments. It is noted that the design includes extensive covered deck areas on the uppermost floor with a balustrade height of 1 metre allowing overlooking into the adjoining properties. In particular, the design allows overlooking into the private open space of units on the adjacent property to the west. Further, the proposal will overshadow these private open space areas in morning periods. A public submission was received in relation to the Development Application raising the issues of privacy and overshadowing as reasons for objecting to the proposal.

In correspondence dated 26 August 2014, the applicant was requested to provide an amended building design to reduce the extent of building height plane encroachments and achieve greater compliance with the objectives of the development control. However, the applicant elected not to make any modification to the overall bulk and scale of the development, providing Council with the following response:

A review of the plans that were approved on the adjoining allotment to the east (45 Lawson Street) indicates that a three storey building with a setback of 1.65 metres to the common boundary is to be constructed. It is agreed that this adjoining development will result in overshadowing and privacy impacts on the subject development site. However the development proposed as part of the subject Development Application has slightly smaller setbacks (1.5 metres) to the eastern and western boundaries, with significant overshadowing and privacy impacts likely to occur on the adjacent property to the west.

An assessment of the proposal having regards to the objectives of Part C2.5 of Development Control Plan indicates that the current design cannot be supported.

Parts C7.1, C7.2, C7.3 & C7.5 – Density of Development

In August 2014 the Applicant was requested to provide an amended design that scales back the proposal to align with the existing dwelling density, as well as providing landscaping and open space in accordance with the requirements of the development control plan. The applicant responded by consolidating some of the proposed units, thereby reducing the number of units on site from 9 to 7. The Applicant argued the following (in part):

Whilst it is acknowledged that this application seeks a greater variation then the development approval next door, the end result will be a development which is more affordable and will provide a greater variation of housing supply for the surrounding area. Affordability is an issue that Byron Shire Council has been struggling to deal with for an extended period of time, the only way to address this issue in central Byron is to provide smaller more affordable dwellings.

The comments provided by the applicant above hold no weight in this assessment as in no way can it be argued that the amended proposal to provide seven beach side units near the centre of Byron Bay with gross floor areas (excluding balconies) of between 54.9m² and 214.5m² fall within the ‘affordable housing’ category. This response does not justify the variation proposed to the maximum density on the site. Note that Clause 17 of Byron Local Environmental Plan 1988 requires a minimum 800 square metre site for two dwellings in a dual occupancy arrangement. The proposal comprises seven dwellings on a 711 square metre site. The fact that an existing approval for six units exists is the only valid argument for a variation to density on the property. However, such should be designed with regards to adequate building height plane, setbacks, landscaping and open space provision.

Part C7.7 – Clothes Drying Facilities

No provision of drying areas (noting laundry facilities are provided, and swimming pools) for occupants. This is unsatisfactory for a development of this nature.

Chapter 1 Part G – Vehicle Circulation and Parking

External Access

The existing driveway is to be removed. A new driveway is proposed adjacent to the site’s “eastern” boundary. The proposed arrangements are satisfactory and the consent can be conditioned accordingly if approval is granted.

Safety sight lines are required to be complied with at the at the front property boundary line, in accordance with the current Australian Standards AS 2890. 1 – 2004. Again, the consent can be conditioned accordingly to require this compliance.

Internal Access

There are limited design details of the access ramp/driveway to the basement car park submitted with the DA. It appears that the access can be designed to complying standards. If approval is granted, the consent can be conditioned accordingly to ensure this requirements is met.

Car Parking

The application proposes 16 car spaces, inclusive of 2 visitor car spaces. This appears to be generally derived from Council’s former DCP 2010.

In accordance with Council’s newly adopted DCP 2014, a total of 14 car spaces are required, inclusive of 3 visitor car spaces.

The parking requirements are based on the following rates:

· 1 space per 1 or 2 bedroom unit.

· 2 spaces per 3 or more bedroom unit.

· 1 visitor space per 4 units.

Design plans are the demonstrate compliance with the current Australian Standards AS 2890.1 – 2004, and DCP 2014, in respect to the following items, but not limited to, as follows:

· Vertical and horizontal dimensions/clearances

· Driveway gradients

· Safety sight lines/triangle at the driveway front boundary interface

· One disabled parking bay and vertical clearances required

Traffic/Roadworks

This redevelopment of the site, retaining residential units, should have no measurable effect on the traffic load or level of service on the surrounding road network.

Part N - Stormwater Management

On site detention stormwater management will be required for the new complex. The exposed driveway ramp will require a stormwater management design inclusive of a pump out system for the basement car park. The design is to also be in accordance with DCP 2014.

Part J - Coastal Erosion

The site is within Precinct 2, and the consent can be conditioned accordingly.

Geotechnical Hazards

No apparent geotechnical constraints

Other Matters

The adjacent Apex Park (Public Reserve) must not be used for site access nor storage of materials. The consent can be conditioned accordingly.

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

The subject site and immediate surrounds were inspected multiple times during the assessment of the Development Application. These inspections identified private open space and clothes drying areas on the adjoining property to the west of the site (No. 39-41 Lawson Street). A site assessment found that the proposal will impact adversely on these areas. The proposed building is to be constructed with a maximum height of 10.2 metres and with minimum boundary setbacks of 1.5 metres (excluding window screens which extend further into the side setbacks). An assessment indicates that the proposal will overlook and overshadow the private open space areas within the adjacent property, resulting in adverse impacts on the occupants. Preliminary shadow diagrams were submitted by the Applicant as part of amended proposal, however such did not resolve overshadowing impacts on the adjoining property.

Site Waste Management: If approved, a condition could be imposed requiring a site waste minimisation plan to be submitted. In this regard, the proponent must establish an extracted solid waste management plan which identifies the volumes, classification and ultimate destination of all solid waste materials created by the proposed demolition works, and basement excavation.

Garbage: A condition could also be imposed to ensure that adequate provision is made for containment, storage and management of all waste generated by the development. The proposal indicates a ‘garbage room’ in the basement car park. Adequate “garbage” capacity needs to be provided for the proposed units, as well as a location with sufficient ventilation and capacity to clean-up spilt putrescibles wastes and dirty bins.

Bush Fire: Council’s GIS indicates that the subject site is within a buffer area to bush fire hazards. The Development Application did not include any details to address this constraint. If the application was to be granted consent, further assessment would be required with respect to bushfire protection.

3.5 The suitability of the site for the development

The subject site is an existing urban allotment within the 7(f2) Urban Coastal Land Zone under Byron Local Environmental Plan 1988. It has access to water, sewer, drainage, electricity and communication services. The site is largely clear of vegetation other than common landscape species. The land does not contain steep slopes and is not prone to flooding. Access is available from Lawson Street to the south. The site is within a buffer area to bush fire hazards, but threats could be managed by implementing bush fire protection measures into the development.

The site contains a residential flat building comprising 6 units over three stories, with an attached vehicle garage at ground level. The existing development has generous building setbacks and is satisfactorily accommodated within the site in the context of the historic approval that it was constructed under. However, the proposed development introduces a significant increase in bulk and scale to the site. An assessment has found that the property is of insufficient area to accommodate the development as proposed. The proposal breaches building setback and height controls.

Despite a number of positive attributes, the site is not deemed to be suitable for the development proposed. The development will adversely impact on adjoining properties due to its limited dimensions. The proposed 7 unit residential flat building cannot be accommodated within the site without significant breaches of Council’s development control requirements.

3.6 Submissions made in accordance with this Act or the regulations

Two submissions were received in respect of the proposed development. A summary of the issues raised within the submissions with a comment in relation to each is provided below:

Issue	Comment
Excessive Density	Council’s assessment concludes that the proposed density is excessive for the site.
Excessive height	The proposed objection under SEPP No. 1 to the height of the development is not supported.
Overshadowing on adjoining development	An assessment confirmed that significant adverse impacts are likely to result from the proposed development with respect to overshadowing on adjoining properties. The proposal is not supported on these grounds.
Insufficient setbacks	It is agreed that the proposed 1.5 metre setback for a 3 storey development is insufficient given the overshadowing and loss of privacy impacts that will result.
Insufficient landscape area	The lack of landscaping and deep soil planting areas on the site is a result of the excess bulk and scale of the proposed development. The proposal is not supported on these grounds.
Boundary to boundary basement car park and lack of deep soil planting areas	As above.
Privacy impacts	An assessment of the proposal confirmed that unacceptable privacy impacts will result from the three storey development, particularly on the adjoining allotment to the west. The application is not supported on these grounds.
Number of units exceeds Council’s maximum	The site has been assessed as being of insufficient area to accommodate 7 units. DCP 2010 provides for a maximum of 3 small units on the site based on 1 unit for every 200m² (note that a ‘small’ unit is less than 55m² in area). The site benefits by an existing building containing 6 units. It is reasonable to allow the 6 existing units to be replaced with a new building containing 6 units, subject to bulk and scale provisions being met. This has not occurred in this case and the proposal for 7 new units is not supported.

3.7 Public interest

The proposal does not meet the maximum 9.0 metre height requirement set out within Byron Local Environmental Plan 1988 and a number of Development Control Plan requirements relating to building design. It is not in the public interest to support the development application given its substantial breaches of development control requirements and objections from the public.

4. DEVELOPER CONTRIBUTIONS

4.1 Water & Sewer Levies

Water & Sewer Levies would be applicable if the Development Application was granted consent.

4.2 Section 94 Contributions

Section 94 contributions would be applicable if the Development Application was granted consent.

4. CONCLUSION

Development consent is sought to demolish the existing residential flat development on the site and construct a new residential flat building made up of a basement level (containing 16 car parking spaces) and three levels above ground.

The design includes three separate dwelling units on both the ground level and first level, and a single dwelling unit on the second level. Terrace and balcony areas are proposed on the northern side of the building providing solar access for each individual unit. Four swimming pools are proposed at ground level and a lap pool and spa are proposed on the second floor. Additional balcony areas are also proposed on the second floor facing east and west.

An assessment of the proposal identified a number of non compliances with Council’s development control requirements. These include breaches of the maximum height requirements of Byron Local Environmental Plan and multiple breaches of Development Control Plan 2010. Despite requests by Council, issues relating to building setbacks, building height plane, overshadowing, privacy, lack of landscaping, bulk and scale were unable to be resolved by the applicant during the assessment of the application.

Two public submissions were received with respect to the proposal raising objections to the development. Such were found to have valid planning reasons for their objections. An assessment of the site found that it is not suitable for the bulk and scale of the development proposed. The proposal is likely to result in significant adverse impacts on the built environment (overshadowing and privacy impacts). It is not in the public interest to support the proposal in this context.

Given that over 7 months have passed since the Development Application was first submitted to Council, and the efforts made to resolve planning issues with the Applicant, it is concluded from an assessment of the proposal that consent should be refused in this instance.

5. RECOMMENDATION

It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2012.474.1 for demolition of existing residential flat building and construction of new residential flat building and associated works, be refused for the following reasons:

1. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to meet the development standard for maximum height of buildings as set out within Clause 40 of Byron Local Environmental Plan 1988. An objection under State Environmental Planning Policy No. 1 to vary this development standard is not supported.

2. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning & Assessment Act 1979, the proposal breaches a number of requirements within Development Control Plan 2010 including the maximum building height plane, maximum density provisions, minimum landscaping requirements, provision of clothes drying areas, maximum cut and fill and maximum fence heights.

3. Pursuant to Section 79C(1)(b) of the Environmental Planning & Assessment Act 1979, the proposal is likely to have a significant impact on the surrounding built environment and the occupants of that environment.

4. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to demonstrate that the development has sufficient design quality having regards to the principles and code requirements of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development.

5. Pursuant to Section 79C(1)(a)(ii) of the Environmental Planning & Assessment Act 1979, the proposal is inconsistent with the future planning direction for the site as set out within Clauses 4.1E, 4.3 and 4.4 Byron Local Environmental Plan 2014, which is an instrument that has been the subject of public consultation under the Environmental Planning and Assessment Act 1979.

6. Pursuant to Section 79C(1)(e) of the Environmental Planning & Assessment Act 1979, the it is not in the public interest to support the proposal as it breaches a number of development control requirements and has an adverse impact on the surrounding built environment.

7. Pursuant to Section 79C(1)(c) of the Environmental Planning & Assessment Act 1979, the site is assessed as being unsuitable for the development proposed.

8. Pursuant to Section 79C(1)(d) of the Environmental Planning & Assessment Act 1979, consideration of public submissions received with respect of the proposal raise valid planning reasons to refuse the Development Application.

9. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the proposal fails to demonstrate that the site is suitable for use having regards to the assessment requirements of State Environmental Planning Policy No. 55 – Remediation of Land.

Conditions of consent

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 02 B	Survey Plan (Demolition Plan)	Project Tourism International Architects	17/11/2015
DA 03 D	Site Analysis / Basement Plan	Project Tourism International Architects	17/11/2015
DA 04 I	Ground Floor & First Floor Plans	Project Tourism International Architects	17/11/2015
DA 05 H	Second Floor Plans & Roof Plan	Project Tourism International Architects	17/11/2015
DA 06 D	Sections A & B	Project Tourism International Architects	17/11/2015
DA 07 C	Section C & D	Project Tourism International Architects	17/11/2015
DA 08 F	Elevation N & S	Project Tourism International Architects	17/11/2015
DA 09 F	Elevations E & W	Project Tourism International Architects	17/11/2015
DA 10 B	3D Perspective Views	Project Tourism International Architects	17/11/2015

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

(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) 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.

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

6) Amended Plans required

The plans that are submitted and approved as part of the Construction Certificate must incorporate the following modifications:

a) The roof over the pool deck on the western side of the uppermost floor must be reduced so that an eave of no more than 600mm extends from the western wall of the uppermost floor. The purpose of this modification is to reduce overshadowing on the adjoining property to the west. Reducing the roof area to 600mm on the eastern side of the uppermost floor is optional.

b) The existing 600mm wide planter box shown on the western side of the uppermost floor must be extended north and south for the full length of the western deck area. The height of planter box must meet the Building Code of Australia and be not more than 1010mm. Landscaping within the planter box is to be limited to low growing shrubs.

c) The doors to the lift within the basement must be altered to achieve consistency with the floors above.

d) As Unit 202 has two areas with laundry facilities, one must be deleted from the floor plan.

7) 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.

8) Water and Sewerage - Section 68 approval required

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

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

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

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

10) 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.

11) Plans of Basement Carpark, Retaining Wall Structures, Earthworks, Drainage and Site Dewatering

The application for a Construction Certificate is to include plans and specifications of the Basement Carpark that indicate (but not limited to) : Retaining Wall Structures, Earthworks, Drainage, Pump Out System and, Site Dewatering (as applicable).

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

12) Engineer’s Certification required – Engineering Design Works Basement Car Park.

A certificate from a professional Engineer experienced in structural and geotechnical 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, including retaining walls, earthworks excavations, 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.

13) 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”.

14) 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.

15) 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:

Driveways, Kerb & Gutter

Construction of one (1) new driveway.

Removal of existing driveway.

Reinstatement of footpath area, kerb & gutter and road pavement, as/where required.

The driveways, kerb & gutter, footpath and associated works are to be in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

16) Traffic Management Plan -

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 the demolition and construction phases of the development, for the driveway/roadworks in Lawson Street and for the construction vehicles manoeuvring throughout the earthworks phase.

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 RMS accredited Work Site Traffic Controller.

17) Basement 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 layout plan to scale of the internal driveway/access ramp and the basement car park which also indicates compliance with the current Australian Standards in respect to horizontal and vertical dimensions and clearances;

b) Turning/manoeuvre paths for the design B99 vehicle;

c) Existing and design levels;

d) Longitudinal section of the driveway from the road centreline through to the basement car park; which should also show vertical clearances where the B99 vehicle and driveway ramp enters the basement car park structure, in compliance with Section 5.3.1 and Figure 5.3 of AS2890.1- 2004.

e) Cross sections;

f) Drainage (pipes, pump out pits/system, collection tanks, etc.);

g) Safety sight distances for the driveway, in compliance with DCP 2014 – B4.2.4;

h) A minimum of 14 car spaces, inclusive of 1 disabled car space, and, inclusive of 3 visitor car spaces;

i) 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) Developer Contributions to be paid

Contributions set out in the schedule at the end of this consent are to be paid to Council prior to the release of a construction certificate. 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.

19) Bond required to guarantee against damage to public land

A bond of $5000 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) Public liability insurance cover required

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

21) 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 10.2014.417 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.

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) 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.

37) 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.

38) Signs to be erected on building and demolition sites

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

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

d) 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.

39) Builders rubbish to be contained on site

40) 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.

41) 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.

42) 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.

43) 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.

44) 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.

45) 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

46) WorkCover Authority

All works must be undertaken in accordance with the requirements of the WorkCover Authority.

47) 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.

48) 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.

49) 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.

50) 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

51) 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.

52) 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.

53) 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.

54) 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.

55) 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.

56) 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.

57) 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

58) 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 are to be complied with prior to occupation of the building

59) Works to be completed prior to 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.

60) Car Parking areas to be completed and signs to be provided.

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

61) Internal & External driveway in accordance approved plans

The internal and external driveways, and, vehicle manoeuvring areas are to be constructed in accordance with the approved plans.

62) Stormwater disposal

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

e) Clear of buildings and infrastructure,

f) Not concentrated so as to cause soil erosion,

g) Not onto adjoining land.

63) 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 and compliance with the current Australian Standards (ie the heights are confirmed by a registered surveyor). The heights/levels which should be provided would be basement car park floor and vertical clearances and horizontal dimensions.

64) Stormwater drainage – Certification of works

The certificates are to be from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans, and Council’s current ‘Design & Construction Manuals’ and DCP.

65) Engineer’s Certification required – Constructed Basement Car Park

A certificate from a professional Engineer experienced in structural and geotechnical Engineering, is to be provided to the Principal Certifying Authority, certifying that:

· the constructed engineering works for the basement car park; including retaining walls, drainage, and earthworks excavations, has been supervised and assessed as structurally adequate,

· all works have been constructed in accordance with the approved plans and Council’s current “Design & Construction Manuals”.

The following conditions will need to be complied with at all times

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

A minimum of 14 car spaces, inclusive of 1 disabled car space are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council.

67) 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.

68) Landscaping to be maintained

The landscaping within the approved landscaping plan must be maintained at all times.

69) 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.

70) Swimming Pool controlled discharge rate

The maximum allowable flow rate of filtered backwash water into the sewer is 0.45 L/s.

71) 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).

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 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.

Civil Works

The civil works shall be designed and constructed in accordance with Council’s Engineering Standard current at the time of submission of Engineering Plans for approval by Council. Approval of Engineering Plans will be current for a period of two years after which time Council may require the alteration to the Engineering Design to comply with standard current at that date.

Schedule of Development Contributions

The following contributions 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 current contribution rates are available from Council offices during office hours. Payments will only be accepted by cash or bank cheque.

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 Rural Land Use Strategy

Site Suitability Criteria & Mapping Methodology

- revised version incorporating changes resulting from Council resolution 15-569 on 29/10/15

November 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

APPENDIX 1 – Site Suitability Maps

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

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. [a1] 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 [a2] 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 considers 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 generally will be given to ‘assessable’ and ‘unconstrained’ land within:
(i) 5 km radius from the general post office in a town containing a high school; or
(ii) 2 km radius from a primary school or general store in villages and rural settlements.

For all unconstrained and assessable land, whether within or outside a service catchment area, the following also must be considered:

· capacity / condition of relevant road network; and

· costs to wider community of proceeding with potential rural lifestyle living precincts.

These and other matters will need to be considered at the draft Rural Land Use Strategy stage.

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
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 100m of a major creek / waterway located in a drinking water catchment	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 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 100m of a major creek / waterway located in a drinking water catchment

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[s3]

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[s4]

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
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 high schools or 2km of a rural village containing any of the following features catering to the needs of that locality: primary school; general store. · Unconstrained land that is outside of the service catchment areas will be considered subject to the following, where relevant to the development; - existing school bus services are accessible within 100m from the site boundary, - primary access to the land is via a major local road or regional road (excluding the motorway), - land that satisfies the service catchment criteria (eg primary school, general store) that are available in an adjoining local government area. · Priority 2: Assessable land within 5 km of a town containing high schools or 2km of a rural village containing any of the following features catering to the needs of that locality: primary school; general store. · Assessable land that is outside of the service catchment areas will be considered subject to the following, where relevant to the development; - existing school bus services are accessible within 100m from the site boundary, - the primary access to the land is via a major local road or regional road (excluding the motorway), - land that satisfies the service catchment criteria (eg primary schools, general store) that are available in an adjoining local government area. For all unconstrained and assessable land, whether within or outside a service catchment area, the following must be considered: · capacity / condition of relevant road network; · costs to wider community of proceeding with potential rural lifestyle living precincts Development will only be considered where relevant road segments can be upgraded at no cost to wider community.	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). Priority areas for *future rural development* will 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)

Table 3: Service Catchment and Road Infrastructure Priorities for Rural Development

Criteria

Supporting Rationale

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 high schools or 2km of a rural village containing any of the following features catering to the needs of that locality: primary school; general store.

· Unconstrained land that is outside of the service catchment areas will be considered subject to the following, where relevant to the development;

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

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

- land that satisfies the service catchment criteria (eg primary school, general store) that are available in an adjoining local government area.

· Priority 2: Assessable land within 5 km of a town containing high schools or 2km of a rural village containing any of the following features catering to the needs of that locality: primary school; general store.

· Assessable land that is outside of the service catchment areas will be considered subject to the following, where relevant to the development;

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

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

- land that satisfies the service catchment criteria (eg primary schools, general store) that are available in an adjoining local government area.

For all unconstrained and assessable land, whether within or outside a service catchment area, the following must be considered:

· capacity / condition of relevant road network;

· costs to wider community of proceeding with potential rural lifestyle living precincts

Development will only be considered where relevant road segments can be upgraded at no cost to wider community.

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).

Priority areas for future rural development will 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 1 of Appendix 1. 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)

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 2 of Appendix 1. 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

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 3 of Appendix 1. 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

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 4 of Appendix 1. 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

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 5 of Appendix 1. 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

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 6 and Map 15, respectively, of Appendix 1. The data used to inform this map is:

Description	Data layers used	Data custodian
Constrained Land Extreme bushfire risk: Category 1 bushfire vegetation on slopes >20% Assessable Land - All remaining Category 1 and 2 bushfire vegetation (excluding ‘extreme bushfire risk)	Bushfire Protection mapping for Shire (2015)	Byron Shire Council

Description

Data layers used

Data custodian

Constrained Land

Extreme bushfire risk: Category 1 bushfire vegetation on slopes >20%

Assessable Land

- All remaining Category 1 and 2 bushfire vegetation (excluding ‘extreme bushfire risk)

Bushfire Protection mapping for Shire (2015)

Byron Shire Council

3.7 Buffers to waste disposal facilities[a5] and sewage treatment plants

Waste disposal and sewerage treatment facilities are an essential part of Council’s waste management activities. As key infrastructure installations they represent a significant capital investment for the Shire and minimising environmental and human health risks is central to their placement, design and operation.

Proximity to these installations is an important consideration in determining future rural development land due to potential health risks to humans including methane buildup, noise and odour. A key means for managing this risk is the use of separation buffers from future rural development.

Land affected by these buffers is included on Map 7 of Appendix 1. The data used to inform this map is:

Description	Data layers used	Data custodian
Land within buffer to sewage treatment plant (400m) OR waste disposal facility (500m)	Sewage treatment plant buffer Waste disposal facility buffer	Byron Shire Council

Description

Data layers used

Data custodian

Land within buffer to sewage treatment plant (400m) OR waste disposal facility (500m)

Sewage treatment plant buffer

Waste disposal facility buffer

Byron Shire Council

For strategic planning purposes all land within an identified sewerage buffer (400m) and refuse buffer (500m) represents constrained land.

3.8 Acid Sulfate Soil Classes 1 and 2

Acid sulfate soils contain pyritic sediments which can lead to the generation of sulphuric acid when exposed to air. This is likely to occur when these soils are drained, excavated or dredged. Scientific research has found that the release of acid from pyritic soils can have significant impacts upon the health of aquatic plants and animals. Similarly, drainage waters from areas of acid sulfate soils can corrode and weaken engineering structures and release heavy metals into recreational fishing areas. This land is often captured by other constraints including SEPP 14 Coast Wetlands.

A classification scheme for acid sulfate soils identifies the type of works likely to present an

environmental risk if undertaken in a particular class of land and is outlined in the table below.

Class of land shown on acid sulfate soils map	Works
1	Any works
2	Works below natural ground surface Works in which the watertable is likely to be lowered
3	Works beyond 1 metre below the natural ground surface Works by which the watertable is likely to be lowered beyond 1 metre below the natural ground surface
4	Works beyond 2 metres below natural ground surface Works by which the watertable is likely to be lowered beyond 2 metre below the natural ground surface
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.

For strategic purposes all land having an Acid Sulfate Risk Class of 1 or 2 represents constrained land.

Land with Acid Sulfate Soil Risk class 1 or 2 are included on Map 8 of Appendix 1. The data used to inform this map is:

Description	Data layers used	Data custodian
Land within ASS Risk class 1 or 2	Acid sulfate soil categories 1:25,000 (2014)	Byron Shire Council NSW Office of Environment & Heritage

Description

Data layers used

Data custodian

Land within ASS Risk class

1 or 2

Acid sulfate soil categories

1:25,000 (2014)

Byron Shire Council

NSW Office of Environment & Heritage

3.9 Other excluded zones

Certain zoning or land tenure can inherently preclude land from consideration for future rural development. This includes land dedicated, reserved or committed to potential future urban, village and open space uses. It also includes national parks, nature reserves and areas already zoned for environmental protection. This approach ensures Council maximizes its options for accommodating future expansion of the Shire’s towns and villages while also protecting recognised environmental assets. For strategic planning purposes all land situated outside the following zones is excluded from consideration (ie. constrained land):

Byron LEP 2014 — RU2 Rural Landscape, R5 Large Lot Residential and RU5 Village.

Byron LEP 1988 — 1(a) General Rural, 1(d) Investigation and 7(d) Scenic/Escarpment (only where “deferred” from LEP 2014);

Land within excluded zones are shown on Map 9 of Appendix 1. The data used to inform this map is:

Description	Data layers used	Data custodian
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	Byron LEP 1998 Zoning Maps LEP 2014 Zoning Maps	Byron Shire Council

Description

Data layers used

Data custodian

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

Byron LEP 1998 Zoning Maps

LEP 2014 Zoning Maps

Byron Shire Council

Land that is unconstrained land for future rural development is shown on Map 10 of Appendix 1.

4. Assessable Land

Certain environmental, economic, social and risk avoidance matters are more appropriately considered through a detailed site specific investigation. These matters may not necessarily preclude development on the site.

The criteria listed in Table 2 above have resulted in certain land being identified as ‘Assessable Land’. These criteria, as outlined below, are not comprehensive and there may be other matters which require more detailed assessment at the rezoning or DA stage to determine site suitability.

4.1 Sensitive Rural Land Uses

Council’s Sustainable Agricultural Strategy 2004 (SAS) supports the rights of persons to carry out legitimate rural and agricultural uses and practices. The SAS aims to create a social and planning environment that allows agricultural production and associated activities to be pursued without conflict and concern for long-term security of agriculture in the Shire. Among the policy actions recommended in the SAS is to “carry out a stock take of agriculture land and related activities and assessment of current and possible future uses to determine the optimum potential (social, economic and environmental) for the land”.

Future rural development should not undermine this optimum potential and any strategic assessment should consider the relevant land use characteristics of our major existing agricultural enterprises including:

· essential growing conditions;

· operational conditions: potential for land use conflict or health risks from past and current land use activities including dip site and complaints about smell, noise, dust, airborne chemical sprays and loss of amenity particularly from intensive agriculture or horticulture;

· processing or market place requirements: such as dairy, sugar cane, coffee and macadamia industries that share harvesting and processing facilities; and

· potential economic advantages associated with industry clusters.

An initial ‘stock take’ has been carried out for farmland rated properties, the findings of which are shown in Map 11 of Appendix 1. The data used to inform this map included farmland rated activities, DPI standards for buffering and industry manuals. The buffers are not meant to be absolute and may be varied on closer examination of terrain, vegetation and farming practices.

Description	Data layers used	Data custodian
Farmland Rated Activities and associated buffers (including dip site buffers)	Farmland Rated Activities (2015) Agricultural Land Use Buffers (2015) Dip sites and buffers (2014)	Byron Shire Council NSW Dept Primary Industries / Byron Shire Council NSW Department of Primary Industries

Description

Data layers used

Data custodian

Farmland Rated Activities and associated buffers (including dip site buffers)

Farmland Rated Activities (2015)

Agricultural Land Use Buffers (2015)

Dip sites and buffers (2014)

Byron Shire Council

NSW Dept Primary Industries / Byron Shire Council

NSW Department of Primary Industries

For strategic planning purposes all farmland rated activities and buffers represent assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

(Sources: - Byron Shire Sustainable Agriculture Strategy 2004

- Farmers Farm and Cows Do Moo booklet (BSC, 2008)

- Minimum Lots Size Methodology for Agricultural Uses (DPI, 2005)

4.2 ‘Non Contiguous’ and ‘Prime’ Agricultural Land

The Northern Rivers Farmland Project 2005 identified that certain agricultural/horticultural industries may develop on smaller sites that have the general characteristics of state or regionally significant farmland, but do not fit within the definition of 'large contiguous areas'. These areas are known as ‘non-contiguous farmland’ and may include such land uses as nurseries or controlled environment horticulture (eg. greenhouses, hydroponics). These industries can benefit from their proximity to the South Eastern Queensland market, and having a strong economic multiplier are important to the local economy.

Areas mapped as prime agricultural land are also an important consideration when planning for future rural land uses. Like ‘non-contiguous’ farmland these areas may still have soil characteristics or other agricultural values that require a merit-based assessment at the rezoning or DA stage.

For strategic planning purposes non-contiguous State or Regionally Significant farmland and Prime Agricultural land (outside the Primary Production Land identified in Table 1) represent assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

The location of ‘non-contiguous’ and prime agricultural land is shown on Map 12 of Appendix 1. The data used to inform this map is:

Description	Data layers used	Data custodian
Prime agricultural land (classes I, 2 and 3 as identified by NSW Agriculture) outside the Primary Production Land (Table 1) Non-contiguous State or Regionally Significant farmland	Prime agricultural land classes 1, 2 & 3 (2001 BSC) Northern Rivers Farmland Project (2005) : non-contiguous lands	NSW Dept Primary Industries NSW Dept of Planning & Environment / NSW Dept Primary Industries

Description

Data layers used

Data custodian

Prime agricultural land (classes I, 2 and 3 as identified by NSW Agriculture) outside the Primary Production Land (Table 1)

Non-contiguous State or Regionally Significant farmland

Prime agricultural land classes 1, 2 & 3 (2001 BSC)

Northern Rivers Farmland Project (2005) : non-contiguous lands

NSW Dept Primary Industries

NSW Dept of Planning & Environment / NSW Dept Primary Industries

4.3 Biophysical Strategic Agricultural Lands

The NSW Government introduced the Strategic Regional Land Use Plans to better manage the potential land use conflicts arising from the location of our high quality agricultural land, and the mining and coal seam gas (CSG) industries. Mapping of high-quality agricultural land capable of sustaining high levels of productivity, known as biophysical strategic agricultural land (BSAL), represents an important resource for managing potential land use conflicts. Certain activities proposed within BSAL areas are subject to an additional level of investigation at the rezoning stage. In Byron Shire the amount of land identified as BSAL equates to approximately 9580 hectares.

The location of BSAL is shown on Map 13 of Appendix 1. The data used to inform this map is:

Description	Data layers used	Data custodian
Biophysical strategic agricultural land (BSAL)		NSW Dept of Planning & Environment

Description

Data layers used

Data custodian

Biophysical strategic agricultural land (BSAL)

NSW Dept of Planning & Environment

For strategic planning purposes BSAL represents assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

4.4 Scenic Amenity and Rural Landscape

The basic premise of rural settlement is that the 'rural character' of an area should be retained or, conversely, any human elements introduced (eg dwelling houses; tourist facilities) should not dominate the scene. Inappropriately located development can ultimately destroy the very scenic amenity of an area which attracted residents or visitors in the first place. Preserving the dominant landscape features or scenic characteristics of an area is fundamental to ensuring that the visual rural qualities of the Shire are not further diminished by future rural development.

Community feedback on the discussion paper identified a strong value in ensuring our prominent rural landscape features are not dominated by buildings. These features include prominent ridges such as Coolamon Scenic Drive, Mt Chincogan and Nightcap National Park, bushland areas such as National Parks and Nature Reserves, major watercourses and advantage points such as Broken Head and Minyon Falls.

The Byron LEP 1988 mapped some of the more prominent landscape features in a 7(d) Scenic/Escarpment Zone, the location of which is shown on Map 14 of Appendix 1. The data used to inform this map is:

Description	Data layers used	Data custodian
Lands of high scenic and/or escarpment values	Land zoned 7(d) Scenic/Escarpment in Byron LEP 1998	Byron Shire Council

Description

Data layers used

Data custodian

Lands of high scenic and/or escarpment values

Land zoned 7(d) Scenic/Escarpment in Byron LEP 1998

Byron Shire Council

For strategic planning purposes all land zoned in the Byron LEP 1988 as 7(d) (Scenic Escarpment Zone) (refer to Map link ) represents assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

4.5 Category 1 & 2 Bushfire Vegetation – refer to discussion in 3.6 above

4.6 1:100 year Flood Risk and Climate Change; and Coastal Erosion Planning Precincts 1 and 2

The Northern Rivers Region has a warm subtropical climate reflected by a high annual rainfall with a pronounced wet season from December to April. During this season, the region is susceptible to the effects of cyclonic activity to the north which can bring considerable rain to the area that can result in flooding and/or coastal erosion.

The CSIRO predicts as a result of climate change, summer rainfall will be more extreme and frequent, cyclones will be less frequent and move further south and sea levels will rise. The best projections of sea level rise along the NSW coast, relative to 1990 sea levels, are 40cm by 2050 and 90cm by 2100.

Floodplain management and coastal erosion planning precincts aim to reduce the impact of storm events on individual properties and the community as a whole. They provide an integrated approach which takes into account the risk and consequences of such events as well as the social and environmental issues relating to their management.

Land that is flood prone and/or located within a coastal erosion planning precinct is shown on Map 16 of Appendix 1. The data used to inform this map is:

Description	Data layers used	Data custodian
Flood prone land / coastal erosion planning precincts	1:100 year Flood Prone Lands (including climate change data, where available) Coastal Erosion Planning Precincts 1 & 2	Byron Shire Council

Description

Data layers used

Data custodian

Flood prone land / coastal erosion planning precincts

1:100 year Flood Prone Lands (including climate change data, where available)

Coastal Erosion Planning Precincts 1 & 2

Byron Shire Council

For strategic planning purposes land having a 1:100 yr flood risk and/or contained within Coastal Erosion Planning Precinct 1 & 2 (refer to Map link) represents assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

4.7 Vehicle Access Safety and Risk

Critical infrastructure during a disaster event includes our roads and bridges. In Byron Shire access during natural disasters can be restricted by flooding, bushfire and landslip. Floodwaters are treacherous, dangers can be hidden beneath the surface, bridges can be washed out and bushfires can easily block roads with fallen vegetation or power poles. Landslips take time to clear and can leave residents without practical access for extended periods. The impacts of a disaster event on essential access roads can be far reaching not only for residents directly affected but as a social and economic cost to the wider community.

The Byron Shire Council Local Disaster Plan 2008 requires consideration of mitigation and prevention strategies in regulating property development, including consideration that some hazard impacts may require the partial or complete evacuation. Future rural development, should be located in areas with reliable and safe road access, particularly should the need for evacuation arise.

For strategic planning purposes land having single road access through: 'high' fire risk - Category 1 bushfire vegetation or sites having a history of landslip are assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

(Sources: Byron Shire Local Disaster Plan 2008; Emergency Risk Management Study 2008)

Roads particularly vulnerable bushfire and/or landslip risk are shown on Map 17 of Appendix 1. The data used to inform this map is:

Description	Data layers used	Data custodian
Vulnerability of essential access road’s to high bushfire hazard and/or landslip risk	Map displaying the following layers: - Category 1 bushfire vegetation - Landslip history	Byron Shire Council

Description

Data layers used

Data custodian

Vulnerability of essential access road’s to high bushfire hazard and/or landslip risk

Map displaying the following layers:

- Category 1 bushfire vegetation

- Landslip history

Byron Shire Council

4.8 Wildlife Habitat and Corridor Enhancement

Green infrastructure provides a range of ecosystem and community benefits, including:

· offsetting environmental impacts;

· mitigating the impacts of climate change;

· enhancing biodiversity and site aesthetics; and

· reconnecting people with nature.

Connected wildlife corridors are an important component of green infrastructure that can improve habitat resources and assist species to move across a landscape through increasing vegetation cover. They can also minimise impacts (direct or indirect) from adjoining land uses and encourage the recovery of threatened species, communities, populations and their habitats.

The location of broad wildlife corridors in the Shire is shown on Map 18 of Appendix 1. The data used to inform this map is:

Description	Data layers used	Data custodian
Actual / Potential ~~/ Future~~ wildlife corridors (~~not including~~ Note: Assessable components do not include HCV areas identified in Table 1)	Wildlife corridor and habitat map (BSC 2007)	Byron Shire Council

Description

Data layers used

Data custodian

Actual / Potential ~~/ Future~~ wildlife corridors (~~not including~~ Note: Assessable components do not include HCV areas identified in Table 1)

Wildlife corridor and habitat map (BSC 2007)

Byron Shire Council

For strategic planning purposes all land within identified wildlife corridors represents assessable land requiring more detailed investigation prior to further consideration as potential future rural development.

4.9 Indigenous Cultural Heritage

Section117 Planning Direction 2.3 – Heritage Conservation aims to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance. As Council does not have an adopted Aboriginal Heritage Study in place, any future investigations of potential development land will require consultation with relevant traditional owners (where applicable) in accordance with a formal process established as a part of the new Rural Land Use Strategy.

For strategic planning purposes indigenous cultural heritage represents an assessable matter requiring more detailed investigation prior to further consideration as potential future rural development.

All 'unconstrained' and 'assessable' rural development land is shown in Map 19 of
Appendix 1.

5 Service Catchment and Road Infrastructure Priorities for
Rural Development

A key element of strong communities is the ability for people to access basic services and connect with each other both socially and economically. For this reason certain forms of future rural development should be located close to villages and towns. This is particularly important when planning for future rural lifestyle living opportunities, which also should be capable of providing a standard of road infrastructure (both condition and capacity) that does not place a financial burden on the wider community.

5.1 Service Catchment Priorities

Shops, schools and community halls are important to our rural residents as they bring people together to physically connect and feel a sense of belonging. They are the key components of any rural service catchment. Service catchment planning can provide economic benefits through reduced travel times, distances and fuel consumption as well as greater economies in service provision (eg rural school bus service). Over time this approach will serve to strengthen existing communities instead of creating isolated settlements dependent on other communities.

For strategic planning purposes a service catchment approach has been applied using a

(i) 5 km radius from the general post office in a town containing a high school and (ii) 2 km radius from a primary school or general store in villages and rural settlements. This is consistent with the service catchment rationale and distances applied in both Australian and overseas planning literature. It is also consistent with the State government’s funding priorities set out in the Northern Rivers Regional Transport Plan (2013) ~~the Byron Rural Settlement Strategy 1998.~~

Priority service catchment areas are shown on Map 19A of Appendix 1. The data used to inform this map is:

Description	Data layers used	Data custodian
Service Catchment Priorities (apply to all future rural development) · Priority 1: Unconstrained land within 5 km of a town containing high schools or 2km of a rural village containing any of the following features catering to the needs of that locality: primary school, general store. · Unconstrained land outside of the service catchment areas satisfying any of the following conditions: - existing school bus services which are accessible within 100m from the site boundary, - the primary access to the land is a major local road or regional road (excluding the motorway), - land that satisfies the service catchment criteria (eg primary school, general store) that are available in an adjoining local government area. · Priority 2: Assessable land within 5 km of a town containing high schools or 2km of a rural village containing any of the following features catering to the needs of that locality: primary school, general store. · Assessable land outside of the service catchment areas satisfying any of the following conditions; - existing school bus services which are accessible within 100m from the site boundary, - the primary access to the land is a major local road or regional road (excluding the motorway), - land that satisfies the service catchment criteria (eg primary schools, general store) that are available in an adjoining local government area. For all unconstrained and assessable land, whether within or outside a service catchment area, the following must be considered: · capacity / condition of relevant road network; · costs to wider community of proceeding with potential rural lifestyle living precincts Development will only be considered where relevant road segments can be upgraded at no cost to wider community.	2km/5km Servicing catchments School bus services (BSC, ????) Sub-arterial and Major Rural Roads Rural primary schools; General stores 2km/5km Servicing catchments Same as for ‘Priority 1’ above.	Byron Shire Council School bus service providers Byron Shire Council Byron Shire Council Byron Shire Council Byron Shire Council

Description

Data layers used

Data custodian

Service Catchment Priorities
(apply to all future rural development)

· Unconstrained land outside of the service catchment areas satisfying any of the following conditions:

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

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

- land that satisfies the service catchment criteria (eg primary school, general store) that are available in an adjoining local government area.

· Assessable land outside of the service catchment areas satisfying any of the following conditions;

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

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

- land that satisfies the service catchment criteria (eg primary schools, general store) that are available in an adjoining local government area.

For all unconstrained and assessable land, whether within or outside a service catchment area, the following must be considered:

· capacity / condition of relevant road network;

· costs to wider community of proceeding with potential rural lifestyle living precincts

Development will only be considered where relevant road segments can be upgraded at no cost to wider community.

2km/5km Servicing catchments

School bus services (BSC, ????)

Sub-arterial and Major Rural Roads

Rural primary schools; General stores

2km/5km Servicing catchments

Same as for ‘Priority 1’ above.

Byron Shire Council

School bus service providers

Byron Shire Council

For strategic planning purposes all unconstrained land or assessable land within a service catchment represents the highest priority land for further consideration as potential future rural development.

5.2 Road Infrastructure Priorities for future rural lifestyle living opportunities

Our rural localities are interconnected by an extensive road network that is expensive to maintain. Within this network are many narrow roads that link the rural hinterland to our small villages and towns. Any future rural lifestyle living opportunities are likely to require an improvement to roads and basic services to accommodate the additional population. This not only has economic implications for those localities where future rural development occurs, but also for the wider community as a whole. As such, infrastructure servicing considerations must be investigated in terms of their Shire wide economic sustainability.

Future rural lifestyle living opportunities should be located to become more self-reliant in the provision of basic infrastructure and be based on the user-pays principle. While many areas may be physically and ecologically capable of future rural development, the road costs of servicing such development may require considerable subsidy from the broader community. Such a subsidy is considered an inequitable and inefficient use of Council’s limited financial resources and therefore may be unacceptable to the community.

For strategic planning purposes all future rural lifestyle living opportunities, ~~should only occur within a 2km or 5km service catchment (as defined above) and~~ whether within or outside a service catchment area, must be able to provide an acceptable level of road infrastructure at no cost to the wider community.

At a minimum, any assessment of road infrastructure (condition, traffic capacity and cost to upgrade) ~~information is included on Map xx of Appendix XX. The data used to~~ should have regard to the following information ~~this map is~~:

Description	Data layers used	Data custodian
Road Infrastructure Assessment (Future rural lifestyle living opportunities) Assessment of ~~service catchment priorities in 5.1~~ Future rural lifestyle living opportunities against: Ø condition / traffic capacity of relevant road network; Ø costs to wider community of proceeding with potential rural lifestyle living precincts.	- 2015 Road condition assessment using Roughness (NAASRA), Rutting (PRI) and Texture values and costing (BSC 2015); - Road Performance Indicator Analysis to determine 10 worst performing roads (2015) - Pavement thickness and traffic capacity assessment of relevant road sections - Most current $$ cost per lineal meter of required road upgrades	Byron Shire Council

Description

Data layers used

Data custodian

Road Infrastructure Assessment

(Future rural lifestyle living opportunities)

Assessment of ~~service catchment priorities in 5.1~~ Future rural lifestyle living opportunities against:

Ø condition / traffic capacity of relevant road network;

Ø costs to wider community of proceeding with potential rural lifestyle living precincts.

- 2015 Road condition assessment using Roughness (NAASRA), Rutting (PRI) and Texture values and costing (BSC 2015);

- Road Performance Indicator Analysis to determine 10 worst performing roads (2015)

- Pavement thickness and traffic capacity assessment of relevant road sections

- Most current $$ cost per lineal meter of required road upgrades

Byron Shire Council

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Glossary

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.

Constrained Land = areas where any of the criteria listed in Table 1 are present; considered unsuitable for future rural development as they includes important environmental and resource values and/or issues of risk avoidance.

Assessable Land = 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; 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.

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

Future rural lifestyle living opportunities = refers specifically 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.

CONDITIONS OF CONSENT:

Parameters of this Consent

1) Development is to be in accordance with approved plans

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

Plan No.	Description	Prepared by	Dated:
0100 (Issue 1)	Existing site + existing roof plan (demolition plan)	Shane Thompson	13/08/15
0101 (Issue 1)	Existing ground floor plan (demolition plan)	Shane Thompson	13/08/15
0102 (Issue 1)	Existing level 1 plan (demolition plan)	Shane Thompson	13/08/15
0200 (Issue 1)	Existing / demolition elevations	Shane Thompson	13/08/15
0201 (Issue 1)	Existing / demolition elevations	Shane Thompson	13/08/15
1100 (Issue 3)	Proposed roof	Shane Thompson	13/08/15
1101 (Issue 4)	Proposed basement	Shane Thompson	13/08/15
1102 (Issue 4)	Proposed ground floor	Shane Thompson	13/08/15
1103 (Issue 4)	Proposed level 1	Shane Thompson	13/08/15
1104 (Issue 4)	Proposed level 2	Shane Thompson	13/08/15
2000 (Issue 2)	Proposed elevations	Shane Thompson	13/08/15
2001 (Issue 2)	Proposed elevations	Shane Thompson	13/08/15
3000 (Issue 1)	Proposed sections	Shane Thompson	13/08/15
3001 (Issue 2)	Proposed sections	Shane Thompson	13/08/15
15/242-01	Design Intent and Plant Schedule	Design Team Ink	03.08.15
15/242-02	Landscape Concept Plan Sheet 1	Design Team Ink	03.08.15
15/242-03	Landscape Concept Plan Sheet 2	Design Team Ink	03.08.15
15/242-04	General Notes	Design Team Ink	03.08.15
7853	Soil and Water Management Plan	Ardill Payne & Partners	July 2015 (as amended 28/10/15
7853	Acid Sulfate Soils Contingency Plan	Ardill Payne & Partners	October 2015
15106	Environmental Noise Report	CRG Acoustics	6 August 2015
	Social Impact Assessment	Planning Resolutions	August 2015

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

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

2) Shoring and adequacy of adjoining property

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.

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

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

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

(2) This clause does not apply:

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

(b) to the erection of a temporary building.

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

4) Erection of signs

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

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

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

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

(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).

5) New South Wales Food Act 2003 and Food Regulation 2010

The kitchen must be operated and maintained to ensure that the requirements of the Food Act 2003 and Food Regulation 2010 (incorporating Food Standard Code) are satisfied at all times. Access to the Food Standard Code is available at http://www.foodstandards.gov.au The operator is required to ensure that the business is registered with the NSW Food Authority. Notification may be carried out or updated when required at http://www.foodnotify.nsw.gov.au

6) Neighbourhood Amenity

The use of the development must not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. The development must comply with the following:

a) The noise level emanating from the use of the development must comply with the New South Wales Industrial Noise Policy prepared by NSW EPA 2000.

b) All guests and staff must be made aware that they must keep noise levels down to maintain neighbourhood amenity.

c) No glass recycling to be emptied between 8pm and 8am any day;

d) An external walk around to be performed by night staff every hour between 9pm and 4am to stay on top of any noise;

e) 9pm, kitchen cleaner to close all louvers in both male bathrooms to control noise;

f) Night staff to try and encourage staggered departures by enforcing no alcohol from 10pm and quiet time from 11pm in outdoor common areas; and

g) Morning cleaner to do a walk around building after sweeping and collect rubbish from gardens and across the road on the Council reserve.

7) Pool safety sign

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

8) Swimming pool health requirements

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

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

9) Existing building to comply with fire safety provisions

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

10) Geotechnical Report required – Building Works

A certificate from a professional Engineer experienced in Geotechnical Science is to be provided to the Principal Certifying Authority, certifying that the site is stable and will not be affected by landslide or subsidence at, above or below the site when the building is erected. The certificate must be prepared in accordance with AS 1726.

11) Plans of retaining walls and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining walls 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.

12) Sediment and Erosion Control Management Plan required

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”.

13) 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.

14) Consent required 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 driveway(s) in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. Generally conform to the Concept Plan prepared by Ardill Payne 7853/SK1 B

15) Traffic Management Plan

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

16) 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 Development Control Plan 2014, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:

a) pavement description;

b) site conditions affecting the access;

c) existing and design levels;

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

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

f) turning paths;

g) 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.

Signage shall be provided at the street frontage of the driveway advising users to give way to exiting vehicles.

Car Park #8 as notated on Ardill Payne Plan 7853/SK1 shall be used as a manoeuvring area and shall be signed as no parking or no standing. 2 Disabled Car Parking spaces must be provided within the subject allotment (Note: Minimum floor to ceiling height for accessible parking spaces is 2.5m)

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) Access and facilities for disabled

The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia. Such plans and specifications must be approved as part of the Construction Certificate.

18) Dilapidation Report

The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying that the method of construction 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.

19) Section 94A Levy to be paid

Prior to the issue of a construction certificate the section 94A levy required by the Byron Developer Contributions Plan2012 shall be paid to Council.

The levy will be calculated as follows: Levy payable = %C x $C

Where: %C is the levy rate applicable as set out in the latest Ministerial Direction issued under section 94E.

$C is the proposed cost of carrying out the development.

The rate of %C is:

Proposed cost of the development	Maximum percentage of the levy
Up to $100,000	Nil
$100,001–$200,000	0.5 percent
More than $200,000	1.0 percent

The cost of development shall be shall be calculated in accordance with clause 25J of the regulation. The Cost Summary Report (copy attached) as set out in schedule 2 of the Section 94A contributions plan shall be submitted to Council with the with the payment. Copies of Cost Summary Report are available at Council’s main office or may be downloaded from http://www.byron.nsw.gov.au/

As an alternative to the provision of the cost summary report prepared by a quantity surveyor Council will accept the contract price for the construction.

20) Site Waste Minimisation and Management Plan

Chapter B8 of Byron Shire Development Control Plan 2014 (DCP 2014) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation 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/publication/swmmp - pro-forma-.doc

21) Garbage store area to be provided

The application for a Construction Certificate is to include plans and specifications that indicate the proposed garbage store area. The proposed garbage store area is to be designed and constructed in accordance with the requirements of Chapter B8 of the Byron Shire Council Development Control Plan 2014. The enclosure must incorporate a concrete base with enclosure of suitable materials to provide adequate site and top screening and visual integration with the buildings and landscape treatment.

22) 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.

23) Trade Waste - Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to discharge trade waste into Council’s sewer must be obtained in accordance with NSW Office of Water Liquid Trade Waste Regulations Guidelines 2009, Council’s Liquid Trade Waste Policy and Liquid Trade Waste Guidelines.

Commercial, business, trade and industrial activities discharging or proposing to discharge to the sewer are required to notify Council and complete the Trade Waste Registration Form available at the Mullumbimby Office and from Council’s website at: http://www.byron.nsw.gov.au/files/publications/liquid_trade_waste_application_form_0.pdf

24) Certificate of Compliance – Water Management Act 2000

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

25) Details of onsite mechanical plant design to be submitted for approval

Mechanical plant must be designed and installed to comply with noise criterion recommended in Section 4.0 of Environmental Noise Impact Report prepared by CRG Acoustics dated 6^th August 2015. Details and specifications must be accompanied by an acoustic assessment report from a suitably qualified acoustic consultant and must be approved as part of the Construction Certificate for building works.

26) Details of acoustic treatments for building construction to be submitted for approval

The application for a construction certificate must include plans and specifications that demonstrate the inclusion of acoustic treatments recommended in Section 6.0 of Environmental Noise Impact Report prepared by CRG Acoustics dated 6^th August 2015. Such plans and specifications must be approved as part of the Construction Certificate for building works.

27) Environmental Management Plan

An Environmental Management Plan (EMP) must be submitted to Council for approval prior to the issue of the construction certificate for building works. The EMP must detail the methods that will be implemented for the whole project and:

a) be prepared by a suitably qualified professional;

b) contain details of measures to be undertaken to ensure that construction works do not result in any off-site impacts, including those that could interfere with neighbourhood amenity;

c) include a Waste Management Strategy that details the management of building wastes created as a result of the construction including on-site storage and disposal of building wastes; and

d) include details of complaints handling process.

28) Noise Management Plan

A Noise Management Plan must be submitted to Council for approval prior to the issue of the construction certificate for building works. The Noise Management Plan must detail the methods that will be implemented for the whole project to minimise construction noise. Information must 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: Refer to DECC’s ‘Interim Construction Noise Guideline’ (2009) for more information (see http://www.environment.nsw.gov.au/noise/constructnoise.htm).

29) Details of pool fence required

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

30) Dewatering Management Plan required

Dewatering Management Plan to be submitted to Council 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 Contingency Plan and include the following:

· copy of licence from the NSW Department of NSW Office of Water for the dewatering of excavations and any associated groundwater monitoring bores;

· 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.

31) 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 Contingency Plan. The Plan must be prepared by a suitably qualified Environmental / Soil Scientist and approved as part of the Construction Certificate application.

32) Unexpected Findings Protocol - Contamination & Remediation

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

33) 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 licensed plumber. All water and sewer disconnections must be inspected by the Byron Shire Council inspectors prior to backfilling.

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

The following conditions are to be complied with during construction/demolition

34) Demolition work

The existing dwelling house structure is to be demolished in accordance with AS 2601 - Australian Standard AS 2601- 1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993.

35) Construction Traffic

The construction works must be managed to ensure safe and efficient movement of construction related vehicles onto, off and within the construction site, whilst minimising disruptions/impacts and maintaining a safe environment for vehicular and pedestrian traffic external to the site during the construction phases. Any proposal to regulate traffic on the public road must obtain separate approval from Council of a traffic management plan under section 138 of the Roads Act 1993.

36) Construction/demolition times

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

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

b) Saturday, from 8 am to 1 pm.

c) No construction/demolition work to take place on Sundays or Public Holidays.

37) Construction/demolition noise

Construction/demolition noise is to be limited as follows:

d) For construction/demolition 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/demolition site is in operation must not exceed the background level by more than 20 dB(A).

e) For construction/demolition 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).

38) Builders rubbish to be contained on site

39) Maintenance of sediment and erosion control measures

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

40) 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.

41) Approved Environmental Plans must be implemented

All controls and measures must be maintained in accordance with the following approved plans:

· Acid Sulfate Soils Contingency Plan

· Soil and Water Management Plan

· Environmental Management Plan

· Noise Management Plan

· Groundwater Contingency Management Plan

· Dewatering Management Plan

· Unexpected Findings Protocol - Contamination & Remediation

The applicant is required to ensure that the construction management and all construction staff must be made aware of their responsibility to abide by the plans.

42) Dewatering of Excavations

Dewatering of excavations must be conducted in accordance with the approved dewatering plan. 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.

43) Demolition, construction and building 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 (2014) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf

44) 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 (2014) and approved environmental management plans.

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;

46) Sound proofing

Division walls between attached dormitories must be of sound resisting materials constructed with minimum sound transmission loss in accordance with the Building Code of Australia.

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

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

All of the works (including landscape works and bush fire mitigation measures specified within the Bush Fire Safety Authority) 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.

48) Public Art

Public art is to be provided in accordance with Byron Development Control Plan 2010, Chapter 1 Part E. All art work is to be provided and installed in accordance with Council’s Development Control Plan 2010 prior to issue of the Occupation Certificate. Evidence of Public Art expenditure to a minimum cost of $25,000.00 is to be provided prior to the issue of the Occupation Certificate.

49) Dilapidation Report

50) Mechanical plant noise attenuation

A suitably qualified acoustic consultant must certify that noise treatment measures have been constructed in order to achieve compliance with the noise criterion recommended in Section 4.0 of Environmental Noise Impact Report prepared by CRG Acoustics dated 6^th August 2015.

Certification must be submitted to Council prior to the issue of an Occupation Certificate.

51) 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 Contingency Plan

· Soil and Water Management Plan

· Environmental Management Plan

· Noise Management Plan

· Groundwater Contingency Management Plan

· Dewatering Management Plan

· Unexpected Findings Protocol - Contamination & Remediation

52) Compliance with the NSW Food Act and Food Regulation

The kitchen must be constructed to comply with the New South Wales Food Act 2003 and Food Regulation 2010. Requirements of Food Standard Code 3.2.3 and Australian Standard AS4674 – 2004 “Design, construction and fit-out of food premises” to be considered to achieve the necessary construction standards.

53) Unexpected Findings Protocol - Contamination & Remediation

The works engineer must certify to the Principal Certifying Authority that all works have been carried out in accordance with the approved Unexpected Findings Protocol (UFP).

54) Signs required

A sign must be erected in a prominent position within the existing ablution rooms displaying the following words, or words to that effect: “NOISE LEVELS - please RESPECT our NEIGHBOURS”.

55) 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.

Reasons for conditions

· To ensure access for people with access disabilities.

· To comply with the provisions of relevant Environmental Planning Instruments.

· 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.

Notes

Consent granted under the Roads Act 1993

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

· Gutter crossing and driveway from the kerb to the property boundary.

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

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

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

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

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

b) upon completion of all work.

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

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

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	13.96 ET
Bulk Water	13.96 ET
Sewer	21.39 ET

NB: Information regarding Development Servicing charges can be found on the Byron Shire Council website (http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64). These charges will enable you to calculate the total contribution charges payable when you are ready to pay them. Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment.

NSW Office of Water

The Statement of Environmental Effects indicates the likely need for dewatering. Any take of water as a result of minor temporary dewatering activities that is estimated to be less than 3 megalitres per year (3ML/yr) will generally not require a licence or approval from DPI Water.

It is the applicant's responsibility to assess and monitor water take and impacts, and to advise DPI Water if they exceed these conditions, at which time a licence must be obtained. The applicant must also meet all requirements of other agencies and consent authorities as per usual.

If it is the applicant's estimation that water take will exceed 3ML/yr then they must apply for a licence under Part 5 of the Water Act 1912 prior to commencing the activity. DPI Water would require the following additional information prior to accepting a licence application:

o More detailed information on the proposed/required depth of dewatering and proposed/required depth of excavation at the site.

o A table specifically committing to discharge water quality criteria should be produced as part of the soil and water management plan, rather than referencing a table showing background results for the receiving environment, ie. a table committing to pH 6.16 —6.54 etc.

o It is unclear how records will be kept for compliance purposes from the inline meter and dossing operation. Further information should be supplied in this regard. In addition, it is the applicant's responsibility to ensure that post construction dewatering is not required. Further information on controlled activity approvals under the Water Management Act 2000 can be obtained from the Office of Water's website.

Protection of the Environment Operations Act 1997:

SCHEDULE 2

Cost Summary Report

[Development Cost greater than $500,000]

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

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

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

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

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

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

ANALYSIS OF DEVELOPMENT COSTS:

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

I certify that I have:

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

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

· included GST in the calculation of development cost.

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

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

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

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

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

Address:

Table 1: Consistency with S117(2) Directions

S117 Direction	Application	Relevance to this planning proposal	Consistency with direction
1. Employment and Resources
1.1 Business and Industrial Zones	Applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed business or industrial zone (including the alteration of any existing business or industrial zone boundary).	This planning proposal will not affect business or industrial zones.	N/A
1.2 Rural Zones	Applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed rural zone (including the alteration of any existing rural zone boundary). Under this direction a planning proposal must: (a) not rezone land from a rural zone to a residential, business, industrial, village or tourist zone. (b) not contain provisions that will increase the permissible density of land within a rural zone (other than land within an existing town or village).	This planning proposal will not alter the zone of any rural land. RU5 Village is an urban zone.	N/A
1.3 Mining, Petroleum Production and Extractive Industries	Applies when a relevant planning authority prepares a planning proposal that would have the effect of: (a) prohibiting the mining of coal or other minerals, production of petroleum, or winning or obtaining of extractive materials, or (b) restricting the potential development of resources of coal, other minerals, petroleum or extractive materials which are of State or regional significance by permitting a land use that is likely to be incompatible with such development.	Nothing in this planning proposal will prohibit or restrict exploration or mining.	N/A
1.4 Oyster Aquaculture	Applies when a relevant planning authority prepares any planning proposal that proposes a change in land use which could result in: (a) adverse impacts on a Priority Oyster Aquaculture Area or a “current oyster aquaculture lease in the national parks estate”, or (b) incompatible use of land between oyster aquaculture in a Priority Oyster Aquaculture Area or a “current oyster aquaculture lease in the national parks estate” and other land uses.	Priority Oyster Aquaculture Areas (POAA) exist in the Brunswick River however there is minimal likelihood the planning proposal will have adverse impacts on POAA as an environmental assessment will be required on a case by case basis. Also most land in the vicinity of the POAA is already zoned for environmental protection or within the national parks estate.	Consistent.
1.5 Rural Lands	Applies when: (a) a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed rural or environment protection zone (including the alteration of any existing rural or environment protection zone boundary), or (b) a relevant planning authority prepares a planning proposal that changes the existing minimum lot size on land within a rural or environment protection zone. A planning proposal to which clauses (a) and (b) apply must be consistent with the Rural Planning Principles listed in State Environmental Planning Policy (Rural Lands) 2008. A planning proposal to which clause (b) applies must be consistent with the Rural Subdivision Principles listed in State Environmental Planning Policy (Rural Lands) 2008.	This planning proposal will not affect land zoned RU1 or RU2.	N/A
2 Environment and Heritage
2.1 Environment Protection Zones	A planning proposal must include provisions that facilitate the protection and conservation of environmentally sensitive areas. A planning proposal that applies to land within an environment protection zone or land otherwise identified for environment protection purposes in a LEP must not reduce the environmental protection standards that apply to the land (including by modifying development standards that apply to the land). This requirement does not apply to a change to a development standard for minimum lot size for a dwelling in accordance with clause (5) of Direction 1.5 “Rural Lands”.	The planning proposal does not alter or remove any environment protection zone.	N/A
2.2 Coastal Protection	Direction applies when a relevant planning authority prepares a planning proposal that applies to land in the coastal zone. A planning proposal must include provisions that give effect to and are consistent with: (a) the NSW Coastal Policy: A Sustainable Future for the New South Wales Coast 1997, (b) the Coastal Design Guidelines 2003, (c) the manual relating to the management of the coastline for the purposes of section 733 of the Local Government Act 1993 (the NSW Coastline Management Manual 1990).	Certain land affected by this proposal is located within the coastal zone, which affects the eastern half of Byron Shire. It is consistent with the NSW Coastal Policy as there is minimal likelihood of physical impact on the environment and it will require an assessment of the visual impact on a case by case basis. RU5 land does not currently apply to any land in Byron Shire affected by coastal erosion issues. If this is the case in the future then Council will consider the management of the coastline should it be relevant to an application it receives.	Consistent.
2.3 Heritage Conservation	A planning proposal must contain provisions that facilitate the conservation of: (a) Items, places, buildings, works, relics, moveable objects or precincts of environmental heritage significance to an area, in relation to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item, area, object or place, identified in a study of the environmental heritage of the area, (b) Aboriginal objects or Aboriginal places that are protected under the National Parks and Wildlife Act 1974, and (c) Aboriginal areas, Aboriginal objects, Aboriginal places or landscapes identified by an Aboriginal heritage survey prepared by or on behalf of an Aboriginal Land Council, Aboriginal body or public authority and provided to the relevant planning authority, which identifies the area, object, place or landscape as being of heritage significance to Aboriginal culture and people.	Byron LEP 2014 currently contains provisions that are consistent with this Direction. This planning proposal will not alter those provisions and they will apply to any future applications for secondary dwellings.	N/A
2.4 Recreation Vehicle Areas	A planning proposal must not enable land to be developed for the purpose of a recreation vehicle area (within the meaning of the Recreation Vehicles Act 1983): (a) where the land is within an environment protection zone, (b) where the land comprises a beach or a dune adjacent to or adjoining a beach, (c) where the land is not within an area or zone referred to in paragraphs (4)(a) or (4)(b) unless the relevant planning authority has taken into consideration: (i) the provisions of the guidelines entitled Guidelines for Selection, Establishment and Maintenance of Recreation Vehicle Areas, Soil Conservation Service of New South Wales, September 1985, and (ii) the provisions of the guidelines entitled Recreation Vehicles Act, 1983, Guidelines for Selection, Design, and Operation of Recreation Vehicle Areas, State Pollution Control Commission, September 1985.	The proposal does not enable land to be developed for the purpose of a recreation vehicle area.	N/A
3. Housing, Infrastructure and Urban Development
3.1 Residential Zones	This direction applies when a relevant planning authority prepares a planning proposal that will affect land within: (a) an existing or proposed residential zone (including the alteration of any existing residential zone boundary), (b) any other zone in which significant residential development is permitted or proposed to be permitted. A planning proposal must include provisions that encourage the provision of housing that will: (a) broaden the choice of building types and locations available in the housing market, and (b) make more efficient use of existing infrastructure and services, and (c) reduce the consumption of land for housing and associated urban development on the urban fringe, and (d) be of good design. A planning proposal must, in relation to land to which this direction applies: (a) contain a requirement that residential development is not permitted until land is adequately serviced (or arrangements satisfactory to the council, or other appropriate authority, have been made to service it), and (b) not contain provisions which will reduce the permissible residential density of land.	The planning proposal will affect residential zoned land (village). The purpose of the LEP amendment is to broaden the choice for residential buildings in the RU5 zoned areas by permitting secondary dwellings. This may have a slight reduction on the consumption of land for housing on the urban fringe. This will not significantly affect the density of RU5 land as attached dual occupancy is currently permitted. It will give the choice of having a detached secondary dwelling if it meets the criteria in the LEP. Existing clause 6.6 of Byron LEP 2014 already requires adequate essential services to be available to the land at the time at which consent is granted.	Consistent
3.2 Caravan Parks and Manufactured Home Estates	Applies when a relevant planning authority prepares a planning proposal. In identifying suitable zones, locations and provisions for caravan parks in a planning proposal, the relevant planning authority must: (a) retain provisions that permit development for the purposes of a caravan park to be carried out on land, and (b) retain the zonings of existing caravan parks, or in the case of a new principal LEP, zone the land in accordance with an appropriate zone under the Standard Instrument (Local Environmental Plans) Order 2006 that would facilitate the retention of the existing caravan park. In identifying suitable zones, locations and provisions for manufactured home estates (MHEs) in a planning proposal, the relevant planning authority must: (a) take into account the categories of land set out in Schedule 2 of SEPP 36 as to where MHEs should not be located, (b) take into account the principles listed in clause 9 of SEPP 36 (which relevant planning authorities are required to consider when assessing and determining the development and subdivision proposals), and (c) include provisions that the subdivision of MHEs by long term lease of up to 20 years or under the Community Land Development Act 1989 be permissible with consent.	This proposal does not seek development for the purposes of a caravan park or manufactured homes estate, nor does it impact upon any land that does permit development for the purposes of a caravan park or manufactured homes estate.	N/A
3.3 Home Occupations	Planning proposals must permit home occupations to be carried out in dwelling-houses without the need for development consent.	This proposal does not alter home occupation provisions in Byron LEP 2014.	N/A
3.4 Integrating Land Use and Transport	Applies when a relevant planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes. A planning proposal must locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of: (a) Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and (b) The Right Place for Business and Services – Planning Policy (DUAP 2001).	The planning proposal will alter the RU5 Village zone permitted uses. However, it will not extend the zone boundary or create a new zoned area. There is unlikely to be any impact on public transport as a result of this planning proposal.	Consistent.
3.5 Development Near Licensed Aerodrome	Applies when a relevant planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to land in the vicinity of a licensed aerodrome. The main requirements of the Direction are that Council takes into consideration the Obstacle Limitation Surface (OLS) as defined by that Department of the Commonwealth for residential purposes, and does not increase residential densities in areas where the ANEF, as from time to time advised by that Department of the Commonwealth, exceeds 25.	The planning proposal will alter provisions on RU5 land. This zone is not currently located in the vicinity of the Tyagarah aerodrome.	N/A
4. Hazard and Risk
4.1 Acid Sulfate Soils	Applies when a relevant planning authority prepares a planning proposal that will apply to land having a probability of containing acid sulfate soils as shown on the Acid Sulfate Soils Planning Maps. A council shall not prepare a draft LEP that proposes an intensification of land uses on land identified as having a probability of containing acid sulfate soils on the Acid Sulfate Soils Planning Maps unless the council has considered an acid sulfate soils study assessing the appropriateness of the change of land use given the presence of acid sulfate soils.	The Billinudgel village is zoned RU5 and is affected by acid sulfate soils. Main Arm and Federal are not affected. The planning proposal will not necessarily lead to intensification of land uses proposed on land identified on the Acid Sulfate Soils Planning Maps. Council will consider acid sulfate soils if it receives an application in this location in accordance with cl. 6.1 of Byron LEP 2014.	Consistent.
4.2 Mine Subsidence and Unstable Land	Applies when a relevant planning authority prepares a planning proposal that permits development on land that: (a) is within a mine subsidence district, or (b) has been identified as unstable in a study, strategy or other assessment undertaken: (i) by or on behalf of the relevant planning authority, or (ii) by or on behalf of a public authority and provided to the relevant planning authority.	This proposal does not impact on any mine subsidence area.	N/A
4.3 Flood Prone Land	Applies when a relevant planning authority prepares a planning proposal that creates, removes or alters a zone or a provision that affects flood prone land. A planning proposal must include provisions that give effect to and are consistent with the NSW Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas). A planning proposal must not rezone land within the flood planning areas from Special Use, Special Purpose, Recreation, Rural or Environment Protection Zones to a Residential, Business, Industrial, Special Use or Special Purpose Zone. A planning proposal must not contain provisions that apply to the flood planning areas which: (a) permit development in floodway areas, (b) permit development that will result in significant flood impacts to other properties, (c) permit a significant increase in the development of that land, (d) are likely to result in a substantially increased requirement for government spending on flood mitigation measures, infrastructure or services, or (e) permit development to be carried out without development consent except for the purposes of agriculture (not including dams, drainage canals, levees, buildings or structures in floodways or high hazard areas), roads or exempt development. A planning proposal must not impose flood related development controls above the residential flood planning level for residential development on land, unless a relevant planning authority provides adequate justification for those controls to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General). For the purposes of a planning proposal, a relevant planning authority must not determine a flood planning level that is inconsistent with the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas) unless a relevant planning authority provides adequate justification for the proposed departure from that Manual to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).	The planning proposal will not rezone any land. Byron LEP 2014 already contains a flood planning clause that would apply to secondary dwellings if they were proposed on land that is flood prone. Given that attached dual occupancy is already permitted in the RU5 zone, the planning proposal will not permit significant development on flood prone land (beyond that already permitted). Secondary dwellings will require Council consent. Their inclusion in Byron LEP 2014 as a permitted use in the RU5 zone is consistent with the Floodplain Development Manual 2005, and there is unlikely to be a net increase in demand for flood rescue services for sites where it is approved.	Consistent.
4.4 Planning for Bushfire Protection	Applies when a relevant planning authority prepares a planning proposal that will affect, or is in proximity to land mapped as bushfire prone land. In the preparation of a planning proposal the relevant planning authority must consult with the Commissioner of the NSW Rural Fire Service following receipt of a gateway determination under section 56 of the Act, and prior to undertaking community consultation in satisfaction of section 57 of the Act, and take into account any comments so made. A planning proposal must: (a) have regard to Planning for Bushfire Protection 2006, (b) introduce controls that avoid placing inappropriate developments in hazardous areas, and (c) ensure that bushfire hazard reduction is not prohibited within the APZ. A planning proposal must, where development is proposed, comply with the following provisions, as appropriate: (a) provide an Asset Protection Zone (APZ) incorporating at a minimum: (i) an Inner Protection Area bounded by a perimeter road or reserve which circumscribes the hazard side of the land intended for development and has a building line consistent with the incorporation of an APZ, within the property, and (ii) an Outer Protection Area managed for hazard reduction and located on the bushland side of the perimeter road, (b) for infill development (that is development within an already subdivided area), where an appropriate APZ cannot be achieved, provide for an appropriate performance standard, in consultation with the NSW Rural Fire Service. If the provisions of the planning proposal permit Special Fire Protection Purposes (as defined under section 100B of the Rural Fires Act 1997), the APZ provisions must be complied with, (c) contain provisions for two-way access roads which link to perimeter roads and/or to fire trail networks, (d) contain provisions for adequate water supply for fire fighting purposes, (e) minimise the perimeter of the area of land interfacing the hazard which may be developed, (f) introduce controls on the placement of combustible materials in the Inner Protection Area.	Some parts of the land zoned RU5 in Byron Shire may be identified as bushfire prone land. This will be a consideration in any application for a secondary dwelling. Consultation with the Commissioner of the NSW Rural Fire Service following receipt of a gateway determination under section 56 of the Act will take place when the gateway determination has been received. It is assumed that any concerns they may have can be addressed.	Consistent.
5. Regional Planning
5.1 Implementation of Regional Strategies	Planning proposals must be consistent with a regional strategy released by the Minister for Planning.	The planning proposal is largely consistent with the outcomes and actions contained within the Far North Coast Regional Strategy (FNCRS). In particular, the actions related to Settlement and Housing and Environment and Natural Resources. The proposal specifically responds to the following actions: Councils will plan for a range of housing types of appropriate densities, location and suitability that are capable of adapting and responding to the ageing of the population. Local government will consider a range of affordable housing strategies, including forms of low cost housing. The limited area of RU5 zoned land will also limit the location and impact of secondary dwellings.	Consistent.
5.2 Sydney Drinking Water Catchments	Applies when a relevant planning authority prepares a planning proposal that applies to the hydrological catchment.	The proposal is not within this catchment.	N/A
5.3 Farmland of State and Regional Significance on the NSW Far North Coast	The planning proposal must not rezone land mapped as State or regionally significant farmland under the Northern Rivers Farmland Protection Project for an urban use.	No land is proposed to be rezoned by this planning proposal. It is a minor change to the land use controls for RU5 zoned land.	N/A
5.4 Commercial and Retail Development along the Pacific Highway, North Coast	A planning proposal that applies to land located on “within town” segments of the Pacific Highway must provide that: (a) new commercial or retail development must be concentrated within distinct centres rather than spread along the highway, (b) development with frontage to the Pacific Highway must consider the impact the development has on the safety and efficiency of the highway. (c) For the purposes of this paragraph, “within town” means areas which, prior to the draft local environmental plan, have an urban zone (eg “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) and where the Pacific Highway speed limit is less than 80 km/hour. A planning proposal that applies to land located on “out-of-town” segments of the Pacific Highway must provide that: (a) new commercial or retail development must not be established near the Pacific Highway if this proximity would be inconsistent with the objectives of this Direction, (b) development with frontage to the Pacific Highway must consider the impact the development has on the safety and efficiency of the highway. (c) For the purposes of this paragraph, “out-of-town” means areas which, prior to the draft local environmental plan, do not have an urban zone (eg “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) or are in areas where the Pacific Highway speed limit is 80 km/hour or greater.	This planning proposal does not affect commercial or retail uses in proximity to the Pacific Highway.	N/A
6. Local Plan Making
6.1 Approval and Referral Requirements	A planning proposal must: (a) minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and (b) not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the relevant planning authority has obtained the approval of: (i) the appropriate Minister or public authority, and (ii) the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General), prior to undertaking community consultation in satisfaction of section 57 of the Act, and (c) not identify development as designated development unless the relevant planning authority: (i) can satisfy the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and (ii) has obtained the approval of the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General) prior to undertaking community consultation in satisfaction of section 57 of the Act.	The planning proposal will not include provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority.	N/A
6.2 Reserving Land for Public Purposes	A planning proposal must not create, alter or reduce existing zonings or reservations of land for public purposes without the approval of the relevant public authority and the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General).	The planning proposal does not create, alter or reduce land reserved for a public purpose.	N/A
6.3 Site Specific Provisions	Applies when a relevant planning authority prepares a planning proposal that will allow a particular development to be carried out. A planning proposal that will amend another environmental planning instrument in order to allow a particular development proposal to be carried out must either: (a) allow that land use to be carried out in the zone the land is situated on, or (b) rezone the site to an existing zone already applying in the environmental planning instrument that allows that land use without imposing any development standards or requirements in addition to those already contained in that zone, or (c) allow that land use on the relevant land without imposing any development standards or requirements in addition to those already contained in the principal environmental planning instrument being amended. A planning proposal must not contain or refer to drawings that show details of the development proposal.	The planning proposal does not seek to allow a particular development to be carried out. The planning proposal does not contain schematic drawings.	N/A

1. Introduction

1.1. Purpose

The purpose of this planning proposal is to amend Byron Local Environmental Plan 2014 so that land located at Granuaille Crescent; Bangalow is rezoned from RU1 Primary Production to R2 Low Density Residential. The planning proposal also seeks to apply a Floor Space Ratio (FSR) of 0.5:1 and a Minimum Lot Size (MLS) of 600 square metres to the subject land. The subject land is described as part of Lot 232 DP 1194657, part of Lot 231 DP 1194657 and part of Lot 233 DP 1194657 as shown in Maps 1 and 2.

1.2. Planning context

This planning proposal was initially prepared by Planners North on behalf of Instant Steel Pty Ltd for land at Lot 232 DP 1194657, Granuaille Crescent, Bangalow. The proposal requests the rezoning of part of Lot 232 DP 1194657 from RU1 Primary Production to R2 Low Density Residential; apply a Floor Space Ratio (FSR) of 0.5:1; and apply a Minimum Lot Size (MLS) of 600 square metres. At the Byron Shire Council Meeting of 27 August 2015, Council considered the planning proposal and resolved:

15- 389 Resolved

1. That Council proceed with the planning proposal to rezone part of Lot 232 DP 1194657, Bangalow (as identified in Map 1 of this report), to R2; and apply FSR of 0.5;1 and MLS of 600 sq metres.

2. That Council amend the planning proposal to include the rezoning of part of Lot 231 and part of Lot 233 of DP 1194657, Bangalow, (as identified in Map 1 of this report), to R2; and apply FSR of 0.5;1 and MLS of 600 sq metres.

3. That Council ensure that the planning proposal is consistent with Gateway determination and/or Council requirements prior to public exhibition.

In accordance with the Council resolution the planning proposal has been amended to include the additional land referred to in 2. of the above resolution.

1.3. Background

A residential subdivision of Lot 232 DP 1194657 was approved in December 2014 for four residential lots zoned R2 ranging in size from 656 to 958m2 and one lot of 3,709m2 that contains both R2 and residual RU1 rural zoned land. The rural land is a legacy of a previous rezoning in which this portion was deemed too steep to be rezoned for residential development. The remnant rural land is surrounded on three sides by residential land and is of insufficient size to be productive agricultural land. The approved subdivision designated dwelling envelopes and required a Section 88B instrument to restrict dwellings to these dwelling envelopes (refer to Attachment 1 for the approved plan of subdivision).

The Statement of Environmental Effects accompanying the DA stated the applicant intends to lodge a subdivision application in the future, to create the ‘Ultimate Subdivision of the land’, to include steep sections of RU1 land in the residential lots. Council advised the applicant that a clearer way to achieve the development sought would be to amend the Byron LEP 2014 to rezone the steep portion of the lot from RU1 to R2, subject to a Section 88 instrument that excludes buildings on the land, and then submit a further subdivision application.

In addition, Council staff considered that two small adjacent areas zoned RU1 should also be included in the R2 Low Density Residential zone at this location. Council resolution (15-389), as included above, expands the land subject to this planning proposal to also include part of Lot 231 DP 1194657 and part of Lot 233 DP 1194657. The latter is a small rectangular piece immediately south of Lot 232 and a narrow strip located between Lot 232 and the R2 Low Density Residential zoned land to the east as shown in the Maps 1 and 2 below.

Map 1 Site Locality Map – subject land is outlined in red

Map 2 Subject land outlined in red

2. Site Description

2.1. The Subject Land

The subject land, as illustrated in Map 2 above, is located at the northern entrance of the village of Bangalow in the vicinity of the Bangalow Reservoir site. The land is vacant with no significant vegetation. Parts of the subject land are steep being greater than 30% slopes. It has an approximate area of 3,170 square metres comprising:

· part of Lot 232 DP 1194657: - 2,445 square metres

· part of Lot 231 DP 1194657 - 510 square metres

· part of Lot 233 DP 1194657 - 215 square metres

It is bounded by an existing residential subdivision to the west, south and east, and rural zoned land and Council’s water tower to the north (refer to Map 3).

2.2. Current Zones and Controls

The subject land is zoned RU1 Primary Production under Byron LEP 2014. The Minimum Lot Size for the RU1 zone is 40 hectares. No FSR applies currently to the RU1 land.

Map 3 Current LEP 2014 Zoning

3. Planning Proposal

Part 1 Objectives and Intended Outcomes

The primary objective of this planning proposal is to zone the subject land from RU1 Primary Production to R2 Low Density Residential under Byron Local Environmental Plan 2014 (LEP 2014).

The area proposed to be zoned R2 is small, is surrounded by residential zoned land on three sides, is not used for agriculture due to its limited size, and has no significant environmental values. It is a logical “rounding off” of an existing urban area.

Part 2 Explanation of the Provisions

The intended outcomes are to be achieved by an amendment to Byron Shire LEP 2014 by:

· Applying a zoning of R2 Low Density Residential to the subject land;

· Applying a maximum floor space ratio of 0.5:1 to the subject land; and

· Applying a minimum lot size of 600 square metres to the subject land.

Part 3 Justification

Section A Need for the planning proposal

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

No. The planning proposal to rezone the subject land is a consequence of a residential subdivision approval for Lot 232 DP1194657. In addition, Council resolved that two small adjacent areas should be included in the R2 Low Density Residential zone at this location.

The subject land is currently zoned RU1 but is of insufficient size to be productive agricultural land. The RU1 zone is meant to identify rural land that is capable of sustainable primary industries. The zone permits a wide range of uses that would not be appropriate within close proximity to existing residential neighbourhoods including intensive livestock and plant agriculture and rural industries.

The subject land is surrounded on three sides by land zoned R2 Low Density Residential. The objectives and permitted uses of the R2 zone are appropriate for this serviced land in a residential neighbourhood on the edge of Bangalow.

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

The planning proposal is the only way to change the land zoning and planning controls applying to the subject land.

Section B Relationship to strategic planning framework

1. Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy?

Far North Coast Regional Strategy

The Far North Coast Regional Strategy (FNCRS) identifies the Town and Village Growth Boundary for Bangalow. The subject land falls just outside this boundary. Zoning this land for residential purposes is therefore inconsistent with the FNCRS. However, the site is classified as “non –coastal” under the FNCRS because it is located west of the Pacific Highway. A residential zone outside of the Town and Village Growth Boundary must be assessed against the Sustainability Criteria set out in the FNCRS; that assessment is provided in Table 1 below.

In this case the area of the proposed R2 zone is small and is a logical “rounding off” of an existing urban area rather than a genuine greenfield site.

Table 1 Assessment against Sustainability Criteria

Threshold Sustainability Criteria for any proposed development site outside designated areas In regional strategies

Measurable explanation of criteria

Comments

1. Infrastructure Provision

Mechanisms in place to ensure utilities, transport, open space and communication are provided in a timely and efficient way

· Development is consistent with the outcomes of Far North Coast Regional Strategy, any subregional strategy, regional infrastructure plan and relevant section 117 direction/s.

· The provision of infrastructure (utilities, transport, open space, and communications) is costed and economically feasible based on Government methodology for determining infrastructure development contributions.

· Preparedness to enter into development agreement

· No change in the density or utilisation level of the land is anticipated as a consequence of the Planning Proposal.

2. Access

Accessible transport options for efficient and sustainable travel between homes, jobs, services and recreation to be existing or provided

· Accessibility of the area by public transport and/or appropriate road access in terms of:

> Location/land use – to existing networks and related activity centres.

> Network – the area’s potential to be serviced by economically efficient transport services.

> Catchment – the area’s ability to contain, or form part of the larger urban area which contains adequate transport services. Capacity for land use/ transport patterns to make a positive contribution to achievement of travel and vehicle use goals.

· No net negative impact on performance of existing subregional road, bus, rail, ferry and freight network.

· The land is well located in terms of its proximity to the Ballina and Byron Bay hospitals, airports and the like. No negative impact is anticipated in relation to accessibility for jobs, services or recreation.

3. Housing Diversity

Provide a range of housing choices to ensure a broad population can be housed

· Contributes to the geographic market spread of housing supply, including any government targets established for aged, disabled or affordable housing.

· The proposal will broaden the scope for housing choice providing for appropriate infill subdivision within the existing Bangalow Town Centre.

4. Employment Lands

Provide regional/local employment opportunities to support the Far North Coast’s expanding role in the wider regional and NSW economies

· Maintain or improve the existing level of sub-regional employment self containment.

· Meets subregional employment projections.

· Employment-related land is provided in appropriately zoned areas.

· The ultimate construction of dwelling-houses within the adjacent approved residential subdivision will provide for local employment opportunities.

5. Avoidance of Risk

Land use conflicts, and risk to human health and life, avoided

· No residential development within 1:100 floodplain.

· Avoidance of physically constrained land, e.g.

> High slope.

> Highly erodible.

· Avoidance of land use conflicts with adjacent existing or future land use as planned under relevant subregional or regional strategy.

· Where relevant available safe evacuation route (flood and bushfire).

· No change in risk is anticipated as a consequence of the Planning Proposal.

· The configuration, size and location of that part of the land presently zoned RU1 Primary Production is not considered suitable for agricultural land use. The site adjoins existing urban development to the west, south and east.

6. Natural Resources

Natural resource limits not exceeded/ environmental footprint minimised

· Demand for water within infrastructure capacity to supply water and does not place unacceptable pressure on environmental flows.

· Demonstrates most efficient/suitable use of land

> Avoids identified significant agricultural land

> Avoids productive resource lands – extractive industries, coal, gas and other mining, and quarrying.

· Demand for energy does not place unacceptable pressure on infrastructure capacity to supply energy-requires demonstration of efficient and sustainable supply solution.

· No change in demand for natural resources is anticipated as a consequence of the amendment to the Local Environmental Plan as proposed.

7. Environmental Protection

Protect and enhance biodiversity, air quality, heritage, and waterway health

· Consistent with government-approved Regional Conservation Plan (if available).

· Maintains or improves areas of regionally significant terrestrial and aquatic biodiversity (as mapped and agreed by DEC). This includes regionally significant vegetation communities, critical habitat, threatened species, populations, ecological communities and their habitats.

· Maintain or improve existing environmental condition for air quality.

· Maintain or improve existing environmental condition for water quality:

> Consistent with community water quality objectives for recreational water use and river health (DEC and CMA).

> Consistent with catchment and stormwater management planning (CMA and council).

· Protects areas of Aboriginal cultural heritage value (as agreed by DEC).

· The proposed rezoning is not considered likely to result in any impacts in terms of biodiversity, air quality, and heritage or waterway health.

8. Quality and Equity in Services

Quality health, education, legal, recreational, cultural and community development and other government services are accessible

· Available and accessible services.

> Do adequate services exist?

> Are they at capacity or is some capacity available?

> Has Government planned and budgeted for further service provision?

> Developer funding for required service upgrade/access is available.

· The proposal is unlikely to have any impact on health, education, recreation or other services provided by government.

Bangalow Settlement Strategy 2003

Although this strategy is outdated it remains the current residential strategy approved by Council for Bangalow. It does not identify the subject land as a future urban area because it has little or no housing yield. The subject land (outlined in red on Map 4) is immediately adjacent to Area 1 in this strategy. The zoning of this land for residential purposes is a minor zone boundary adjustment and is justifiably inconsistent with the Bangalow Settlement Strategy.

Bangalow PP map

Map 4 – Investigation Areas for Bangalow (from Bangalow Settlement Strategy 2003)

State and Regional Farmland

The subject land is mapped as regionally significant farmland in the Northern Rivers Farmland Protection Project. It is not identified as Biophysical Strategic Agricultural Land (BSAL) in the mapping undertaken recently by the State government.

The subject land is a very small area and it is not being used for any commercial agriculture. It is open mown grass land that is surrounded by residential development. The Northern Rivers Farmland Protection Project (2005) outlines criteria to be addressed in relation to using regionally significant farmland for residential purposes. A response to the criteria is provided in the assessment against S117 Directions in the following pages.

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

In 2012 Council adopted a 10 year + Community Strategic Plan 2022 (CSP). The plan is based on five key themes being Corporate Management, Economy, Environment, Community Infrastructure, Society and Culture. The planning proposal is generally consistent with the following relevant Goals set out in Table 2:

Table 2 Consistency with Community Strategic Plan

GOALS	COMMENTS
CM1.1 Improve the transparency, effectiveness and accountability of Council.	Council exhibits all planning proposals to ensure transparency in its rezoning processes.
CM1.4 Comply with NSW State government legislation for local government integrated planning and reporting.	This planning proposal is consistent with the government’s framework established pursuant to the Environmental Planning and Assessment Act.
CM4.1 Promote community compliance with Acts, Regulations, Instruments and Council policies and standards.	This planning proposal is consistent with the relevant Acts Regulations and Policies of Council and the NSW State Government.
SC2.4 Create vibrant liveable places and spaces within towns and villages for people of all ages and abilities.	The proposed rezoning will contribute to the creation of a vibrant liveable place for residents.
EN1.1 Protect, restore and maintain the biodiversity values, ecosystems and ecological processes of the Byron Shire.	The proposed rezoning will not impact on the biodiversity values, ecosystems and ecological processes of the Byron Shire.

On this basis the planning proposal is generally consistent with Council’s CSP.

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

The planning proposal is generally consistent or justifiably inconsistent with the applicable State Environmental Planning Policies. The key SEPP’s that require particular consideration are SEPP 55 Remediation of Land and SEPP (Rural Lands) 2008.

SEPP 55 Remediation of Land

Clause 7(1) of SEPP 55 requires that a Council cannot approve a rezoning application (especially from rural to residential) unless it has duly considered whether such land is contaminated.

Consultants undertook a preliminary site investigation pursuant to SEPP 55 in December 2010 in relation to an earlier subdivision and rezoning proposal. This work covered all of the subject land and is still applicable as no additional potentially contaminating use has been carried out on the subject land since the work was undertaken. The investigation concluded:

“Based on the site history, site inspections and the laboratory results from soil sampling; there is a low level of risk that the subject site is contaminated with residual chemicals from activities associated with current or past land use. Following a review of the results of laboratory analysis of soil samples taken from the subject site it is our considered view that there would appear to be little environmental or health hazard associated with development approval being granted for the future rezoning (from 1(b1) agricultural to 2(a) residential under Byron LEP 1988.”

On this basis the planning proposal is consistent with SEPP 55 Remediation of land.

SEPP (Rural Lands) 2008

This SEPP focuses mainly on the issue of unnecessary fragmentation of rural land and in particular state and regional farm land. The principles in the SEPP are required to be considered as part of the S.117 directions when rezoning land. In this case the land has already been significantly fragmented by past approvals for subdivision and the proposed rezoning is in recognition that this is no longer farmland of regional significance.

On this basis the planning proposal is justifiably inconsistent with SEPP (Rural Lands) 2008.

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

A summary assessment of the Planning Proposal against the Directions issued by the Minister for Planning under Section 117 of the EP&A Act is provided in Table 3 below.

The planning proposal is justifiably inconsistent with S. 117 Direction 1.2 Rural Zones, 1.5 Rural Lands, 5.1 Implementation of Regional Strategies and 5.3 Farmland of State and Regional significance on the NSW Far North Coast. It is generally compliant with the other S.117 Directions. Details of the non-compliance and how this can be justified are as follows:

Table 3 Assessment against Section 117 Directions

S117 Direction	Application	Relevance to this planning proposal	Consistency with direction
1. Employment and Resources
1.1 Business and Industrial Zones	Applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed business or industrial zone (including the alteration of any existing business or industrial zone boundary).	This planning proposal will not affect the boundaries or extent of business or industrial zones.	N/A
1.2 Rural Zones	Applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed rural zone (including the alteration of any existing rural zone boundary). Under this direction a planning proposal must: (a) not rezone land from a rural zone to a residential, business, industrial, village or tourist zone. (b) not contain provisions that will increase the permissible density of land within a rural zone (other than land within an existing town or village).	This planning proposal affects land zoned entirely RU1 that is proposed to be zoned R2. It will also lower the minimum lot size from 40 hectares to 600 square metres. The inconsistency is justified in this case because the subject land is surrounded by residential zoned land on three sides, is not used for agriculture due to its limited size, and has no significant environmental values. The land is serviced. The inconsistency is justifiable as a minor matter pursuant to sub clause 5(d) of the Direction.	Justifiably inconsistent
1.3 Mining, Petroleum Production and Extractive Industries	Applies when a relevant planning authority prepares a planning proposal that would have the effect of: (a) prohibiting the mining of coal or other minerals, production of petroleum, or winning or obtaining of extractive materials, or (b) restricting the potential development of resources of coal, other minerals, petroleum or extractive materials which are of State or regional significance by permitting a land use that is likely to be incompatible with such development.	Nothing in this planning proposal will prohibit or restrict exploration or mining.	N/A
1.4 Oyster Aquaculture	Applies when a relevant planning authority prepares any planning proposal that proposes a change in land use which could result in: (a) adverse impacts on a Priority Oyster Aquaculture Area or a “current oyster aquaculture lease in the national parks estate”, or (b) incompatible use of land between oyster aquaculture in a Priority Oyster Aquaculture Area or a “current oyster aquaculture lease in the national parks estate” and other land uses.	No relevance.	N/A
1.5 Rural Lands	Applies when: (a) a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed rural or environment protection zone (including the alteration of any existing rural or environment protection zone boundary), or (b) a relevant planning authority prepares a planning proposal that changes the existing minimum lot size on land within a rural or environment protection zone. A planning proposal to which clauses (a) and (b) apply must be consistent with the Rural Planning Principles listed in State Environmental Planning Policy (Rural Lands) 2008. A planning proposal to which clause (b) applies must be consistent with the Rural Subdivision Principles listed in State Environmental Planning Policy (Rural Lands) 2008.	This planning proposal will affect land zoned RU1 that is proposed to be zoned R2. It proposes to alter the minimum lot size for the subject land from 40 hectares to 600 square metres. It is inconsistent with the Rural Planning Principles and Rural Subdivision Principles listed in State Environmental Planning Policy (Rural Lands) 2008 because it is mapped as regionally significant farm land and yet it is proposed for a residential zone. The inconsistency is justified in this case because the subject land is surrounded by residential zoned land on three sides, is not used for agriculture due to its limited size, and has no significant environmental values. The land is serviced. The inconsistency is justifiable as a minor matter pursuant to sub clause 6(b) of the Direction.	Justifiably inconsistent.

2.1 Environment Protection Zones	A planning proposal must include provisions that facilitate the protection and conservation of environmentally sensitive areas. A planning proposal that applies to land within an environment protection zone or land otherwise identified for environment protection purposes in a LEP must not reduce the environmental protection standards that apply to the land (including by modifying development standards that apply to the land). This requirement does not apply to a change to a development standard for minimum lot size for a dwelling in accordance with clause (5) of Direction 1.5 “Rural Lands”.	The planning proposal does not alter or remove any environment protection zone. No environmental standards will be reduced by the proposed LEP changes.	Consistent.
2.2 Coastal Protection	Direction applies when a relevant planning authority prepares a planning proposal that applies to land in the coastal zone. A planning proposal must include provisions that give effect to and are consistent with: (a) the NSW Coastal Policy: A Sustainable Future for the New South Wales Coast 1997, (b) the Coastal Design Guidelines 2003, (c) the manual relating to the management of the coastline for the purposes of section 733 of the Local Government Act 1993 (the NSW Coastline Management Manual 1990).	The site is classified as “non-coastal” under the Far North Coast Regional Strategy because it is located west of the Pacific Highway.	N/A
2.3 Heritage Conservation	A planning proposal must contain provisions that facilitate the conservation of: (a) Items, places, buildings, works, relics, moveable objects or precincts of environmental heritage significance to an area, in relation to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item, area, object or place, identified in a study of the environmental heritage of the area, (b) Aboriginal objects or Aboriginal places that are protected under the National Parks and Wildlife Act 1974, and (c) Aboriginal areas, Aboriginal objects, Aboriginal places or landscapes identified by an Aboriginal heritage survey prepared by or on behalf of an Aboriginal Land Council, Aboriginal body or public authority and provided to the relevant planning authority, which identifies the area, object, place or landscape as being of heritage significance to Aboriginal culture and people.	Byron LEP 2014 currently contains provisions that are consistent with this direction.	N/A
2.4 Recreation Vehicle Areas	A planning proposal must not enable land to be developed for the purpose of a recreation vehicle area (within the meaning of the Recreation Vehicles Act 1983): (a) where the land is within an environment protection zone, (b) where the land comprises a beach or a dune adjacent to or adjoining a beach, (c) where the land is not within an area or zone referred to in paragraphs (4)(a) or (4)(b) unless the relevant planning authority has taken into consideration: (i) the provisions of the guidelines entitled Guidelines for Selection, Establishment and Maintenance of Recreation Vehicle Areas, Soil Conservation Service of New South Wales, September 1985, and (ii) the provisions of the guidelines entitled Recreation Vehicles Act, 1983, Guidelines for Selection, Design, and Operation of Recreation Vehicle Areas, State Pollution Control Commission, September 1985.	The proposal does not enable land to be developed for the purpose of a recreation vehicle area.	N/A
3. Housing, Infrastructure and Urban Development
3.1 Residential Zones	This direction applies when a relevant planning authority prepares a planning proposal that will affect land within: (a) an existing or proposed residential zone (including the alteration of any existing residential zone boundary), (b) any other zone in which significant residential development is permitted or proposed to be permitted. A planning proposal must include provisions that encourage the provision of housing that will: (a) broaden the choice of building types and locations available in the housing market, and (b) make more efficient use of existing infrastructure and services, and (c) reduce the consumption of land for housing and associated urban development on the urban fringe, and (d) be of good design. A planning proposal must, in relation to land to which this direction applies: (a) contain a requirement that residential development is not permitted until land is adequately serviced (or arrangements satisfactory to the council, or other appropriate authority, have been made to service it), and (b) not contain provisions which will reduce the permissible residential density of land.	The planning proposal will rezone land from rural to residential. It will not affect the density of residential development. Existing clause 6.6 of Byron LEP 2014 already requires adequate essential services to be available to the land at the time at which consent is granted.	Consistent.
3.2 Caravan Parks and Manufactured Home Estates	Applies when a relevant planning authority prepares a planning proposal. In identifying suitable zones, locations and provisions for caravan parks in a planning proposal, the relevant planning authority must: (a) retain provisions that permit development for the purposes of a caravan park to be carried out on land, and (b) retain the zonings of existing caravan parks, or in the case of a new principal LEP, zone the land in accordance with an appropriate zone under the Standard Instrument (Local Environmental Plans) Order 2006 that would facilitate the retention of the existing caravan park. In identifying suitable zones, locations and provisions for manufactured home estates (MHEs) in a planning proposal, the relevant planning authority must: (a) take into account the categories of land set out in Schedule 2 of SEPP 36 as to where MHEs should not be located, (b) take into account the principles listed in clause 9 of SEPP 36 (which relevant planning authorities are required to consider when assessing and determining the development and subdivision proposals), and (c) include provisions that the subdivision of MHEs by long term lease of up to 20 years or under the Community Land Development Act 1989 be permissible with consent.	No relevance.	N/A
3.3 Home Occupations	Planning proposals must permit home occupations to be carried out in dwelling-houses without the need for development consent.	This proposal does not alter home occupation provisions in Byron LEP 2014.	N/A
3.4 Integrating Land Use and Transport	Applies when a relevant planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes. A planning proposal must locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of: (a) Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and (b) The Right Place for Business and Services – Planning Policy (DUAP 2001).	The subject land is surrounded by residential zoned land on three sides and is very small. There is unlikely to be any impact on public transport as a result of this planning proposal.	Consistent.
3.5 Development Near Licensed Aerodrome	Applies when a relevant planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to land in the vicinity of a licensed aerodrome. The main requirements of the Direction are that Council considers the Obstacle Limitation Surface (OLS) as defined by that Department of the Commonwealth for residential purposes, and does not increase residential densities in areas where the ANEF, as from time to time advised by that Department of the Commonwealth, exceeds 25.	No relevance.	N/A
4. Hazard and Risk
4.1 Acid Sulfate Soils	Applies when a relevant planning authority prepares a planning proposal that will apply to land having a probability of containing acid sulfate soils as shown on the Acid Sulfate Soils Planning Maps. A council shall not prepare a draft LEP that proposes an intensification of land uses on land identified as having a probability of containing acid sulfate soils on the Acid Sulfate Soils Planning Maps unless the council has considered an acid sulfate soils study assessing the appropriateness of the change of land use given the presence of acid sulfate soils.	The subject land does not contain acid sulfate soils.	N/A
4.2 Mine Subsidence and Unstable Land	Applies when a relevant planning authority prepares a planning proposal that permits development on land that: (a) is within a mine subsidence district, or (b) has been identified as unstable in a study, strategy or other assessment undertaken: (i) by or on behalf of the relevant planning authority, or (ii) by or on behalf of a public authority and provided to the relevant planning authority.	No relevance.	N/A
4.3 Flood Prone Land	Applies when a relevant planning authority prepares a planning proposal that creates, removes or alters a zone or a provision that affects flood prone land. A planning proposal must include provisions that give effect to and are consistent with the NSW Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas). A planning proposal must not rezone land within the flood planning areas from Special Use, Special Purpose, Recreation, Rural or Environment Protection Zones to a Residential, Business, Industrial, Special Use or Special Purpose Zone. A planning proposal must not contain provisions that apply to the flood planning areas which: (a) permit development in floodway areas, (b) permit development that will result in significant flood impacts to other properties, (c) permit a significant increase in the development of that land, (d) are likely to result in a substantially increased requirement for government spending on flood mitigation measures, infrastructure or services, or (e) permit development to be carried out without development consent except for the purposes of agriculture (not including dams, drainage canals, levees, buildings or structures in floodways or high hazard areas), roads or exempt development. A planning proposal must not impose flood related development controls above the residential flood planning level for residential development on land, unless a relevant planning authority provides adequate justification for those controls to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General). For the purposes of a planning proposal, a relevant planning authority must not determine a flood planning level that is inconsistent with the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas) unless a relevant planning authority provides adequate justification for the proposed departure from that Manual to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).	The subject land is not flood prone land.	N/A
4.4 Planning for Bushfire Protection	Applies when a relevant planning authority prepares a planning proposal that will affect, or is in proximity to land mapped as bushfire prone land. In the preparation of a planning proposal the relevant planning authority must consult with the Commissioner of the NSW Rural Fire Service following receipt of a gateway determination under section 56 of the Act, and prior to undertaking community consultation in satisfaction of section 57 of the Act, and take into account any comments so made. A planning proposal must: (a) have regard to Planning for Bushfire Protection 2006, (b) introduce controls that avoid placing inappropriate developments in hazardous areas, and (c) ensure that bushfire hazard reduction is not prohibited within the APZ. A planning proposal must, where development is proposed, comply with the following provisions, as appropriate: (a) provide an Asset Protection Zone (APZ) incorporating at a minimum: (i) an Inner Protection Area bounded by a perimeter road or reserve which circumscribes the hazard side of the land intended for development and has a building line consistent with the incorporation of an APZ, within the property, and (ii) an Outer Protection Area managed for hazard reduction and located on the bushland side of the perimeter road, (b) for infill development (that is development within an already subdivided area), where an appropriate APZ cannot be achieved, provide for an appropriate performance standard, in consultation with the NSW Rural Fire Service. If the provisions of the planning proposal permit Special Fire Protection Purposes (as defined under section 100B of the Rural Fires Act 1997), the APZ provisions must be complied with, (c) contain provisions for two-way access roads which link to perimeter roads and/or to fire trail networks, (d) contain provisions for adequate water supply for fire fighting purposes, (e) minimise the perimeter of the area of land interfacing the hazard which may be developed, (f) introduce controls on the placement of combustible materials in the Inner Protection Area.	The subject land is not bushfire prone land.	N/A
5. Regional Planning
5.1 Implementation of Regional Strategies	Planning proposals must be consistent with a regional strategy released by the Minister for Planning.	The planning proposal is inconsistent with a key aspect of the Far North Coast Regional Strategy (FNCRS). The subject land is located outside of the Town and Village Growth Boundary for Bangalow identified in the FNCRS. However the site is classified as “non–coastal” under the FNCRS because it is located west of the Pacific Highway. Council can support a residential zone outside of the Town and Village Growth Boundary subject to meeting the Sustainability Criteria. The purpose of the Sustainability Criteria is to enable Council to consider planning proposals that are logical town extensions in the absence of a strategy. In this case the inconsistency is justified because the subject land is surrounded by residential zoned land on three sides, is not used for agriculture, is fully serviced and has no significant environmental values. It is very small (approx. 0.3 hectares) and is an irregular shape. It is a logical correction of a zone that dates back to the LEP 1988. The inconsistency is justifiable as a minor matter pursuant to sub clause 5 of the Direction that achieves the overall intent of the regional strategy and does not undermine the achievement of its vision, land use strategy, policies, outcomes or actions. It will not expand Bangalow beyond its logical residential boundary and eliminates a rural zone that no longer fits with the dominant surrounding land use.	Justifiably inconsistent.
5.2 Sydney Drinking Water Catchments	Applies when a relevant planning authority prepares a planning proposal that applies to the hydrological catchment.	The proposal is not within this catchment.	N/A
5.3 Farmland of State and Regional Significance on the NSW Far North Coast	The planning proposal must not rezone land mapped as State or regionally significant farmland under the Northern Rivers Farmland Protection Project for an urban use.	The subject land is mapped as regionally significant farmland on the Departments maps. The inconsistency is justifiable as follows: The inconsistency with the FNCRS has already been justified. It can also be justified against Section 4 of the report titled Northern Rivers Farmland Protection Project – Final Recommendations, February 2005 as follows: The final recommendations state that urban development could be considered on regionally significant farmland if all seven of the following criteria apply. 1. The proposal is not a new urban area or a disjointed suburb. There is no viable alternative because it is correcting an outdated zone boundary. It is a “rounding off” of an existing urban area. 2. The subject land is located next to existing residential zones on three sides 3. It will not be a wedge into regionally significant farmland because the nearest land use on three sides is residential and the fourth side is the Council reservoir and its curtilage. The nearest agricultural land is across Granuaille Road about 100 metres from the subject land. The 0.3 ha of land is already isolated. Allowing an urban zone on this site will not disrupt the use of other farmland. 4. The subject 0.3 ha is currently not used for horticulture or grazing which dominates local agriculture. This land is not critical to the viability of either industry. No agricultural infrastructure or transport routes will be affected by this site being zoned residential. The key road transport links of Granuaille Road and the Pacific Motorway will remain as fully functional road transport links. 5. No impacts arising from the residential zone will compromise the Macadamia production, or grazing being carried out on other significant farmland in the general area. 6. The land surrounding the subject land is not subject to existing land use conflicts relating to agriculture. If dwellings are built on the subject land this will not exacerbate any known agricultural conflicts. 7. No filling is required for the subject land. It is not flood prone. Therefore all seven of the criteria can be met by the planning proposal.	Justifiably inconsistent.
5.4 Commercial and Retail Development along the Pacific Highway, North Coast	A planning proposal that applies to land located on “within town” segments of the Pacific Highway must provide that: (a) new commercial or retail development must be concentrated within distinct centres rather than spread along the highway, (b) development with frontage to the Pacific Highway must consider the impact the development has on the safety and efficiency of the highway. (c) For the purposes of this paragraph, “within town” means areas which, prior to the draft local environmental plan, have an urban zone (e.g. “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) and where the Pacific Highway speed limit is less than 80 km/hour. A planning proposal that applies to land located on “out-of-town” segments of the Pacific Highway must provide that: (a) new commercial or retail development must not be established near the Pacific Highway if this proximity would be inconsistent with the objectives of this Direction, (b) development with frontage to the Pacific Highway must consider the impact the development has on the safety and efficiency of the highway. (c) For the purposes of this paragraph, “out-of-town” means areas which, prior to the draft local environmental plan, do not have an urban zone (e.g. “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) or are in areas where the Pacific Highway speed limit is 80 km/hour or greater.	This planning proposal does not affect commercial or retail uses in proximity to the Pacific Highway.	N/A
6. Local Plan Making
6.1 Approval and Referral Requirements	A planning proposal must: (a) minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and (b) not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the relevant planning authority has obtained the approval of: (i) the appropriate Minister or public authority, and (ii) the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General), prior to undertaking community consultation in satisfaction of section 57 of the Act, and (c) not identify development as designated development unless the relevant planning authority: (i) can satisfy the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and (ii) has obtained the approval of the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General) prior to undertaking community consultation in satisfaction of section 57 of the Act.	The planning proposal will not include provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority. It does not identify development as designated development.	N/A
6.2 Reserving Land for Public Purposes	A planning proposal must not create, alter or reduce existing zonings or reservations of land for public purposes without the approval of the relevant public authority and the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General).	The planning proposal does not create, alter or reduce land reserved for a public purpose.	N/A
6.3 Site Specific Provisions	Applies when a relevant planning authority prepares a planning proposal that will allow a particular development to be carried out. A planning proposal that will amend another environmental planning instrument in order to allow a particular development proposal to be carried out must either: (a) allow that land use to be carried out in the zone the land is situated on, or (b) rezone the site to an existing zone already applying in the environmental planning instrument that allows that land use without imposing any development standards or requirements in addition to those already contained in that zone, or (c) allow that land use on the relevant land without imposing any development standards or requirements in addition to those already contained in the principal environmental planning instrument being amended. A planning proposal must not contain or refer to drawings that show details of the development proposal.	The planning proposal does not seek to allow a particular development to be carried out. The planning proposal does not contain schematic drawings.	N/A

BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services 14.4 - Attachment 1

Report of the Local Traffic Committee Meeting held on Wednesday, 25 November 2015

File No: I2015/1496

Meeting Commenced: 10.30am

PRESENT:

Councillor: Cr Duncan Dey

Roads and Maritime Services Representative: Jessica Healey, and Joshua Barkham

Police: Snr Constable Ray Wilson

Staff: Simon Bennett

Apologies:

Amy Phillips, Office of Tamara Smith MP

Declarations of Interest

There were no declarations of interest raised.

Adoption of Minutes from Previous Meetings

Recommendation:

The minutes of the Local Traffic Committee Meeting held on 26 August 2015 were adopted with matters arising as follows

Matters Arising

· Granuille Road heavy vehicle signage request with RMS to install ‘No Compression braking’ sign and Council has put No Through Road sign in at intersection of Byron Street and Station Street

· Mullumbimby Music Festival – last weekend. General parking on RFS station driveway complaint. Next year include RFS station in all event planning. BSC Rangers were active. Staff contacted Rangers to monitor the situation and advised RFS to request Police to monitor and arrest people parked illegally. Possible installation of tow away signage next year.

· RMS advised Speed Zones underway for Yelgun Road and Myocum Downs Drive

· 6.10 Contraflow bus bay trial at Wilsons Creek Public School was to commence when pedestrian fencing and median were installed.

Outstanding Issues/Resolutions

· Bus bay / cul-de-sac parking and intersection treatment at main road and path at St Finbarr’s and Byron Bay High School requires investigation and report

· Physical median to reinforce No Right Turn at Mullumbimby Woolworths not yet done

Regulatory Matters

Report No. 6.1 Pay Parking and Resident Parking Permit Schemes, Byron Bay

File No: I2015/1394

Committee advice and endorsement is sought on several previously discussed and e-mailed matters including:

- RMS concurrence (as received 6 October) for the parking schemes and meters;

- the time limits and signage proposed;

- the physical resident and resident guest permit and the electronic permit known as the pay parking exemption;

- that permit holders need not print and display a ticket.

RMS Concurrence

On the 6 October 2015 Manager Network & Safety Services of the RMS Northern Region provided e-mail concurrence as follows

RMS concurrence is given to implement the proposed parking scheme with approved meters and time limits. This also includes RMS concurrence for resident permit zones

The extent of the pay parking is shown in Figure 1. As this shows most are local streets and Council car parks with some changes as follows. However as part of the regional road network is included RMS concurrence was required.

Figure 1: pay parking area (as used in local newspaper advertising)

As advised to the RMS, Council has resolved to accept the tender of Australian Parking and Revenue Control Pty Ltd (APARC) and their “Strada” model, including 123 x Strada PAL (black and white screen) and 12 x Strada Evolution (full colour). The Strada model is on the RMS “Approved pay parking devices and systems” as per this web link:

http://www.rms.nsw.gov.au/business-industry/partners-suppliers/guidelines/parking-device-list.html

RMS concurrence was required (as received) for the use of such meters and their installation on the following streets which are part of the regional classified (MR545) road network:

- Shirley Street, east of Milton Street; and

- full length of Jonson Street.

Pay Parking and Resident Permit Areas – extent and time limits

A copy of 8 October 2015 Council report (I2015/1188) is provided; it was also provided to RMS when the above concurrence was received. Council however made minor changes to some limits as per Resolution 15-519, a copy of which will also be provided and Committee endorsement sought. It included time limits for both schemes, with the typical signage layout shown at Figure 2.

It should be noted that most time limits in the pay parking area remain the same and where changes have occurred it has been to increase the time limit, namely in some Council car parks (from 4P to all day) and on-street parking outside the town centre core, for example Jonson Street south of Kingsley St changes from 1P to all day. The streets east of Middleton Street remain all day parking as does north side Shirley Street with further additional all day parking to be provided on Butler Street Reserve which is anticipated to provide 250 new car spaces operating 6am-6pm.

Figure 2: proposed signage layout (typical)

Proposed - Typical Layout

Pay Parking

Proposed - Typical Layout

Resident Scheme

Resident Permit versus Pay Parking Exemption

As per Resolution 15-519 and several previous of Council, it has been resolved that the Resident Parking Permit be provided free permits of two (2) per household. As RMS Permit Parking guidelines must be adhered in such a matter two permit types will be issued to each household, one being for the resident (2 of, as per Figure 3) and the other being for their guest (2 of). A copy of the relevant section of the RMS guidelines (Section 10) will be available at the meeting.

Figure 3: proposed resident parking permit – to be displayed on dashboard

Front side – display on dashboard

Back side – map

The pay parking exemption will be electronic (as allowed by RMS guidelines) and Council has resolved the e-permit apply to the licence plate which must be entered at the meter which will recognise the exception, which applies to paying the meter only, not the time limits.

E-permit holders need not print and display a ticket

While the RMS guidelines suggest tickets be printed and displayed, namely for enforcement, it is understood this is not necessary for those with permits, including Council’s electronic permit being the pay parking exemption. Thus Committee advice/concurrence for such approach is sought noting that those that do not hold an exemption will be required to print and display a ticket with such advice to be detailed at the meter.

Committee Comments

· support the supplementary signage depicted

· noted RMS concurrence has been received

· noted the extent of pay parking and the rationale of the resident scheme to discourage parking in residential streets

Management Comments

Nil

RECOMMENDATION:

1. That Council note the Roads and Maritime Services concurrence for both the Pay Parking and Resident Parking Permit Schemes, including the type of parking meter, type of scheme (being a Metered Registration Pay Parking Scheme) and its installation on roads parts of the classified regional road network.

2. That the Local Traffic Committee endorse Council’s 8 October 2015 Resolution 15-519 for the time limits to apply in both Pay Parking and the Resident Parking Permit Schemes.

3. That the sign-posting as proposed in this report (I2015/1394) be endorsed and implemented in accordance with relevant standards and requirements.

4. That the physical Resident Parking Permit and the Resident Visitor Permit must contain the details as stipulated in the RMS Permit Parking guidelines, however the matter of colour, design, cost and distribution is a matter for Council.

5. That the pay by plate Metered Registration pay parking scheme as adopted by Council will require the input of the vehicle licence plate each and every time a vehicle is parked and that:

a) those with an electronic permit (known as the pay parking exemption) will not be required to print and display a parking ticket; and

b) those without such exemption will each time they park be required to print and display a parking ticket.

Report No. 6.2 Request for changes to "No Stopping" Market Street, Bangalow

File No: I2015/576

Council recently endorsed the LTC recommendation, as follows:

13-654 Resolved that the existing short length of No Stopping on the west side of Market Street, Bangalow, located opposite George Street, be changed to the same restriction that applies adjacent; i.e. No Parking – 8am to 5pm. Parking Market Days Only.

Staff have since meet with the adjacent Bangalow Public school Principal (Susie Boyle) and P&C President. In attendance was also the President of the showground trust (Jan Holbert). These representatives made two requests.

First is that Council extend the No Parking restriction endorsed as above so as to include all days, and preferably effective at all times or very least on School Days. Due to the limited width of the road, existence of No Parking on the east side and that little impact (including residents) is believed likely, this request is supported and Committee endorsement is sought.

The second request is to endorse parking signage within the showground to assist with traffic circulation, staff parking and general safety. These benefits are expected by the implementation of the arrangements depicted which are recommended, namely:

a) as per pink and blue lines, install “One Way – School Days Only” signage;

b) as per orange box, sign area as “School Staff Parking - School Days Only”; and

c) as per blue line, sign as “No Parking – School Days Only” and that it be supplemented with “Kiss and Ride” signage.

Figure 1: graphical depiction of recommendation

NB: red line=existing No Parking; yellow line=No Parking/Res 13-654

Committee Comments

· Kiss and Ride area for school parking needs to be managed by the School

· to implement Kiss and Ride is subject to relevant Guidelines:

http://roadsafety.transport.nsw.gov.au/stayingsafe/schools/dropoff_pickup.html.

· RMS provided the words for Part 3 of the recommendation post-meeting.

Management Comments

Signage, poles and their installation will cost approx. $500 and has no budget and will need to be funded from an existing project or operational budget, for example maintenance or traffic facilities

RECOMMENDATION:

1. 1. That Council endorse No Parking on the west side of Market Street, Bangalow between Byron Street and its northern end, and that it be effective all days between 8am and 6pm.

2. That in support of the Bangalow Public School and Showground Trust proposal Council endorse and sign the parking and traffic arrangements upon the Bangalow Showground as depicted in this report (I2015/576) which are as follows:

a) as per pink and blue lines, install “One Way – School Days Only” signage;

b) as per orange box, sign area as “School Staff Parking - School Days Only”; and

c) also along the blue line, sign as “No Parking – School Days Only” and that it be supplemented with “Kiss and Ride” signage.

3. That the use of the Kiss and Ride be subject to the:

a) confirmation of the school support for the initiative, which may include a brief communication strategy for promotion of efficient use (i.e. distribution of Roads & Maritime educational material available from the Centre for Road Safety Website; Parent/carer letters; School Newsletter etc.).

b) Identification of volunteers and/or teachers approved by the school community, including demonstrated understanding of liability in respect to of volunteers and students. Please note that the school must also develop policies and procedures to administer the initiative.

c) details of proposed operation times and roster of volunteers and/or teachers.

Report No. 6.3 Gilmore Crescent - Restricted Parking Area

File No: I2015/1407

In light of changes about to be implemented due to the introduction of pay parking throughout Byron Bay town centre, Gilmore Crescent poses challenges, namely an unregulated parking area with most of the road (as the below map shows) being upon crown land and not within a road reserve; therefore meaning Council is not considered the authority over the land.

However most of the existing road was built specifically for access to two facilities: Sandhill’s Child Care and the Youth Activity Centre (YAC). Accordingly the car parking as also shown was constructed ancillary to these same two facilities. As both car park areas fall outside of the pay parking scheme (until such time crown approval is gained) a means of regulating the parking is required; otherwise the constructed parking area will not meet its intended purpose. This is especially likely for the child care which unlike the YAC operates with both consistent, staffed hours Monday-Friday (except for Christmas/New Year) and during times when pay parking will apply, being 9am-6pm every day.

Therefore of the two facilities the child care is seen as more critical at this time and provides:

· 10 permissive parking spaces on the south side opposite the centre;

· 8 permissive + 2 mobility permit car spaces on the north side at front of the Centre; and

· that No Parking applies 1am to 5am.

Figure 1: proposal and location

A lunchtime site inspection on 11 November found all spaces in use except the permit parks, indicating that strong demand already exists. However exacerbating the situation further is that currently no time limit applies, and that enforcement is not possible given lack of signage and the inability to distinguish vehicles between child care staff, patrons and other users. However as the parking area is clearly upon crown land and situated at the child care frontage with a single point of entry/exit it is believed regulation is possible (and appropriate) via designating the car park as a Restricted Parking Area (permits excepted).

Under such a scheme permits would be controlled and issued by Council’s child care management for the purpose of displaying on vehicle dashboards. The design and location of the proposed signage is depicted, i.e. at entry/exit of the car park area.

The regulatory signage is also depicted including proposed modification of R5-541 to include “Permits Excepted” and no changes to R5-542, noting both can be enforced under NSW Road Rule 168-1:

(1) The driver of a vehicle (other than a public utility service vehicle) must not stop in a restricted parking area, unless the driver is:

(a) stopping in a parking station or in accordance with the directions marked on (or on a sign displayed adjacent to) a parking bay, or

(b) actually engaged in dropping off, or picking up, passengers or goods.

Maximum penalty: 20 penalty units.

(2) A restricted parking area is an area with:

(a) a restricted parking area sign on each road into the area, and

(b) an end restricted parking area sign on each road out of the area.

(3) In this rule:

vehicle does not include a bicycle or animal that is being ridden.

To assist further, supplementary signage is also recommended; noting an example is also depicted which according to the above road rule needs to be installed adjacent to the regulatory signage. It is also noted that the use of permits is only likely to be required by long term parking (i.e. child care staff) as the above road rule allows for short stays who are in the act of dropping off or picking up (which will namely be parents/carers).

Figure 2: recommended regulatory and supplementary signage


R5-541 Modified	R5-542	Supplementary sign

It should be noted Council/LTC have set a precedent for use of a Restricted Parking Area via the 2012 resolution 12-496 which has been implemented with success and without need of further review at Council’s First Sun Holiday Park in Byron Bay.

Lastly, given the child care does not operate weekends there is potential the Restricted Parking Areas not apply at such times and on this Committee advice is sought.

On a related matter, Committee advice and endorsement is also sought for introducing No Parking restrictions to the road and grassed verge on the north-east of the child care as also depicted, noting the red line represents the extent of the proposed No Parking and the yellow line indicates bollards (approx. 15 spaced at 2m apart).

With the commencement of pay parking it is expected this already in-demand parking area will only increase noting that on 11 November during a site visit the area was at ‘capacity’ with:

· 9 vehicles parked on the east side;

· 6 vehicles parked on the grass verge;

· 6 vehicles parked within the turning circle; and

· 11 vehicles parked on Gilmore Crescent proper.

In doing so, vehicles had parked adjacent to the child care fence line and across the grass verge blocking access. To stop this practice No Parking as proposed is required. Alternatively options to regulate and allow permissive parking could be investigated.

Committee Comments

· Noted that Gilmore Crescent while upon crown land is (for enforcement purposes) a road related area

· Administration of the permits noted as a Council matter

Management Comments

Nil

RECOMMENDATION:

1. That the start and end of the Restricted Parking Area – Permits Excepted be implemented respectively via installation of RMS signs R5-541 and R5-542 at the car park entry and egress at the frontage of the Sandhill’s Child Care Centre, Gilmore Crescent, Byron Bay.

2. That adjacent to the signage erected according to Part 1, a supplementary sign indicating how permits are obtained be installed.

3. That Council note the Local Traffic Committee advice that the signage within Part 1 can be enforced under NSW Road Rule 168-1.

4. That the grassed turning-circle located north-east of the child care be signed as No Parking and it extend south along the western kerb line and eastern edge of the road as depicted at Figure 1 of this report (file I2015/1407).

5. That the use of bollards to reinforce the No Parking recommended is a matter for Council and their use does not need Local Traffic Committee endorsement.

Report No. 6.4 Road Closures Byron Bay Triathlon

File No: I2015/1408

This annual event marks the end of the triathlon season and attracts over 1,000 participants. The main event is again proposed for a Saturday and as in previous years requires substantial road closures and traffic management, albeit slightly reduced timeframes as the proponent advises and acknowledges in their submission for the 2016 event that:

· The total time the road was closed was approximately in 2012 - 3.6 hours and 2013 – 2.7 hours, and 2015 – 2.5 hours.

· The traffic management and detour management was comprehensive throughout the effected roads, though at key intersection delays of up to 20 minutes were experienced regularly.

· The delays particularly around Suffolk Park and Bangalow Road caused upset.

Given this the proponent submission outlines a Proposed Closure/Escort Model for the 2016 event:

The proposed total time roads are closed is approximately 2.5 hours. The southbound lane is affected for approximately 1.45 hours; and northbound lane affected for approximately 2.5 hours.

o First bike on course estimated at 12.20pm.

o Race course southbound closed by 12.00pm and then progressively through four zones as riders head southbound under Police escort.

o The southbound to Lennox Heads will open under Police control from Suffolk Park after last southbound rider has passed.

o The number of cross over points closer to town will remain at two. (east / west).

o The athletes will operate on a curfew and stragglers will be collected by a support vehicle which will clear the course.

The proponent submission then continues to state:

Police have expressed concern regarding the risks mixing of athletes and vehicles on the cycle course. In 2013, 2014 and 2015, a complete road closure for a reduced period of time was used which addressed these risks but did cause complications for traffic flows.

The common view for 2016 is that the road should be closed for as short as time possible and traffic should be eliminated except at Suffolk Park.

This will mean significant lengths of the only north/south route to/from Byron Bay will be closed including the main road network of Bangalow Rd, Byron Bay and Broken Head Rd which is north, south and at Suffolk Park.

The maps provided by the proponent are reproduced below and indicate the extent of the closures and traffic management. Consistently however in these past years Clifford Street at Suffolk Park has been subject of most complaint and longest delays (30 minutes or more) which can occur subject to the timing of the cycling leg. This will likely to remain a problem.

However despite this and general reported inconvenience and delays, each year results in few (2-3) formally lodged complaints. Moreover the event is well advertised in advance (notice to residents provided), has no reported safety problems, is well controlled with Police and traffic control involvement and is anticipated and well received from local traders and accommodation providers.

As such Committee endorsement is sought for the road closures and traffic management proposed.

Figure 1: proponents maps reproduced

Town centre

Bangalow Rd

Suffolk Park

Coast Rd - onto Ballina shire

Committee Comments

· Cr Dey advised he intends to move at Council that Council liaise with Tweed Council to consider a) the capacity of our Shire to host the current or future number of on road events per year and b) the attractions of NSW to events generated in Qld.

· Proponent to provide a detailed TCP for Committee input (via email or next meeting)

· RMS advised a preference to standardise wording for use by Local Government in regard to road events and will provide such wording for the recommendation

Management Comments

· RMS standardised wording has now been incorporated into the recommendation.

· The Committee will receive further details of the event by email or next meeting (3 February)

RECOMMENDATION:

1. That approval of the temporary road closures within Byron Bay for undertaking the 7 May 2016 Byron Bay Triathlon apply to the following, subject to each being implemented no earlier than 12 noon and removed no later than 4pm:

a) Bay Street, between Fletcher Street and Middleton Street

b) Middleton Street, between Bay Street and Marvell Street

c) Marvell Street, between Middleton Street and Tennyson Street

d) Tennyson Street, between Marvell Street and Browning Street

e) Bangalow Road, between Browning Street and Broken Head Road

f) Broken Head Road, from Bangalow Road to the Ballina LGA boundary

g) Lawson Street, between Middleton Street and Massinger Street

2. That the approval provided in Part 1 is subject to:

a) NSW Police approval is obtained;

b) Local Traffic Committee advice is sought for the event Traffic Management Plan (including Risk Management Plan and Traffic Control Plan/s) prior to implementation of traffic control devices including road closures, noting that:

i) conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons;

ii) all signage erected for the event to not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event; and

iii) temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event; and that where local Council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police.

iv) approval of Roads and Maritime Services is obtained by way of a Road Occupancy License where event is on a state road or where the event may impact the state road network.

c) The event organiser:

i) advertising the impact of the event via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

ii) providing copy of the advert for Council's web page;

iii) informing community and business that are directly impacted (e.g. adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;

iv) arranging for private property access and egress affected by the event;

v) liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event;

vi) consulting with emergency services and any identified issues be addressed;

vii) holding $20m public liability insurance cover which is valid for the event;

viii) payment of Council’s Road Event application fee prior to the event.

d) any event involving on-road cycling, the event organiser must:

i) obtain the endorsement of Bicycle NSW or the relevant peak-body that is representative of the approved activity ; and

ii) ensure it is conducted and sign-posted in accordance with the Roads & Maritime Services Guidelines for Bicycle Road Races.

Report No. 6.5 Road Closures Byron Bay Blues Festival

File No: I2015/1409

Two matters are to be tabled to the Committee, one being the proposed 2016 Blues Festival Traffic Management Plan and the second is the DA proposal to increase the number of smaller events on the site. Both will be impacted by the likelihood of the RMS proposed closure of Grays Lane.

For the 2016 Blues Fest event this is the only change to previous years TMP and will be countered by onsite parking management, namely vehicles parked north and south onsite will only be able to depart north and south respectively therefore avoiding the crossing of such traffic which in past year has contributed significantly to delays departing the site at the end of each of the five days.

As for the second item of increasing the number of smaller events each year, that applicant has proposed a single TMP be developed that can be used and shared for each such event, noting the Blues Fest is a large event with 25,000 people in total while 15,000 in total is deemed a medium sized event and a small event is 1,000 patrons plus staff. There is potential for certain ‘small events’ to generate high spikes in traffic during times that coincide with already high traffic (other events, public holidays etc.) which has been raised as a key issue.

Details of both matters will be available at the Committee meeting, noting endorsement is sought for the first matter and Committee advice is sought for the second item.

Committee Comments

· Two key coinciding factors: change in access to the Highway is a key and critical component with mooted closure of Gray’s Lane and it coincides with the proposed increase in patronage.

· Therefore a capacity issue is apparent and Committee need to see the Traffic Assessment Report and detailed Traffic Control Plans before making a decision on approving

· Such documents need to be submitted to Council in time for changes and to allow sufficient time for consideration of all the issues, e.g. in December for February meeting

· Potential approval conditions could be the installation of a dedicated southbound on-ramp for the Festival; provision of off-site parking and shuttle bus.

· Similarly, for the proposed smaller events a traffic assessment is required that considers capacity of local road network, especially as smaller events are likely to have majority of patrons arrive and depart at the same time so stop and release may be required.

Management Comments

Nil

RECOMMENDATION:

1. That the 2016 Blues Festival organisers submit a Traffic Impact Assessment and Traffic Control Plan prior to the February 2016 Local Traffic Committee meeting.

2. That in regard to other proposed events at the Tyagarah Blues Festival site, the proponent undertakes a Traffic Impact Assessment report in regard to events with 1,000 people or more and provides it and the corresponding Traffic Management Plan(s) to the Local Traffic Committee for review.

3. That event proposals are submitted to Council with supporting and relevant detail so as to provide sufficient time for assessment, amendments and meeting of approval conditions imposed, including those by and of other authorities such as Roads and Maritime Services and Police.

Report No. 6.6 Road Closures Falls Festival 2015/16 Traffic Management Plan

File No: I2015/1410

Due to the Falls Festival (as part their Dept. of Planning conditions) required LTC review no less than 60 days prior to the event the Committee received details of the proposal via e-email on 16 October 2015. From that process the Committee concurred with recommendation as now tabled which has since been provided to the proponent.

As part of the e-mail the following was attached and with copies to be made available at the meeting:

· TMP including detailed TCP;

· Traffic Evaluation Report of 2015 event – as dated 16/2/15; and

· Memo from Greg Alderson & Associates, dated 7 October 2015 which advised:

Main changes:

· No traffic controllers on public road, therefore no reduced speed zone at Link Road. Only reduced speed zone from Gate D to Jones Road on Tweed Valley Way;

· No stopping from Shara Boulevard to Wooyung Road to reduce parking on Tweed Valley Way and improve potential for Police and rangers to enforce no stopping and reduce trespassing;

· Approval for 20,000 patrons (17,500 last year);

· 2 ingress days (last year 3 ingress days) to reduce duration of camping due to heat;

· Stacked camping/parking in camping area – cars not separated from camping, but in a structured efficient manner as has been done at Falls in Lorne for years.

Other comments:

· SIDRA modelling shows that no traffic controllers are required;

· Contingency plans for Spine Road congestion (if that occurs) are: double lane, one way on Spine Road, snake in southern car park, temporary parking in southern car park during peak (this car park is now available for Falls due to approved 20,000 patron number)

· Traffic controllers are on call for any queuing on public road, to control end-of queue;

· VMS signs are incorporated on TVW southbound and BVW northbound well clear of potential end of queue, to provide queue warning if required

· Refer to section 2.3 of report for stacked parking and camping. This is fundamentally different than the mixed parking and camping of SITG 2013 and it should increase flexibility for any required changes on site.

Committee Comments

· Traffic Impact Analysis prepared and supplied by Falls Fest consultants Greg Alderson and Associates who have done previous year’s events and traffic planning.

· It was also noted matter had been endorsed via e-mail prior to the meeting and that recommendation stands as reproduced above

Management Comments

Nil

RECOMMENDATION:

That the temporary traffic management and regulatory changes within the series of Traffic Control Plans as related to the Falls Festival as to be held at the North Byron Parklands site Yelgun between 31 December 2015 and 2 January 2016 inclusive be accepted subject to:

a) their design and implementation being undertaken as specified on each plan and by those with appropriate RMS accreditation and the holding of current and appropriate levels of insurance and liability cover;

b) meeting of the advertising requirements of the Roads Act 1993;

c) event being notified on Council's website;

d) consideration of any submissions received;

e) the approved event size being sufficient (20,000 patrons) to trigger use of the south carpark as per the DA Condition for its use;

f) the temporary No Stopping where applied, including on Brunswick Valley Way (between Shara Boulevard and Tweed Valley Way) and on Tweed Valley Way (between Brunswick Valley Way and Wooyong Road), is implemented prior to the event and in accordance with relevant state requirements and Australian Standards;

g) a communications protocol developed and maintained by those involved in the implementation of traffic management including monitoring and ability to implement contingency plans as and when directed;

h) monitoring of vehicle volumes that arrive and depart the festival site and on the local road network;

i) inclusion in the brief for the 2015/16 event's Traffic Evaluation Report of consideration that the 2106/17 event will not have Sunday as its departure day, as was the case in 2015/16;

j) the holding of an event debrief within the month following the festival which includes but not limited to Council, RMS and Police; and

k) written approval of both the RMS and Police separate to Byron Shire Local Traffic Committee, including approval of Roads and Maritime Services is obtained including a Road Occupancy Licence where an event is on a state road or where the event may impact the state road network

Report No. 6.7 Road Closures New Years Eve Byron Bay

File No: I2015/1411

Council last year (2014) held the second annual 'Soul Street' New Year Eve (NYE) event which required a road closure from of the main street of Jonson Street, Byron Bay between Lawson Street through to the car park entry at Railway Park just north of Marvell Street. The same road closure is now sought as pictured; however a split time is sought with the southern end to close from 12noon and the northern end from 1pm. The road closure would then be lifted no later than by 7am the next day (1 January 2015).

Other closures are shown, such as securing of Council owned and operated public car park (Lawson Street south car park) for participants of the event only (e.g. stall holders) and provision of an emergency vehicle access route under guidance of traffic control positioned at sites 2 and 3. Removal of parking from streets (as per dotted red line) from 6am will also occur as will traffic control personnel with include two each at sites 1, 2 and 3.

Figure 1: TMP proposal

This year Council will run a NYE shuttle service between 3pm and 3am from the Cavanbah sports centre on Ewingsdale Rd (3km west of town) to the site depicted below; i.e. at the top end of the street closure.

The below figure also provides detail on the role of the traffic control to be positioned during the day at sites 1 and 2, noting when two personnel are at each they will assist with control of pedestrian and vehicle movement at the Jonson / Lawson Street roundabout.

Figure 2: NYE Shuttle drop off / pick up point and traffic control sites 1 and 2

It should be noted the road closure impacts on local taxi and bus operators and interstate coach services. As in the past, these stakeholders will be advised directly and accommodated where possible, noting this NYE the main bus/coach stop will be for taxi and smaller passenger service vehicles only while the bus/coach and larger vehicles will be provided for south of the main stop so as they avoid the turn-around south end of the road closure and can exit directly via Marvell St. Both south and north bound vehicles can use this temporary bus/coach stop if they wish by detouring or alternatively (as local services do) use the existing southbound bus stop opposite.

Committee Comments

· Third year for Council’s Soul Street Event. Various starting times have been trialled.

· No park and ride, only a one-day shuttle bus service. Proposal to bring the bus to the site for family friendly service.

· Police raised the potential use of heavier barriers for safety for demarcating the shuttle bus stop.

· Remove car parking about five spaces from 1pm for a the shuttle bus service starting at 3pm, noting RMS raised Shuttle Bus could stop there, with water barriers

· No witches hats to be used.

Management Comments

Nil

RECOMMENDATION:

1. That the Local Traffic Committee supports Council's temporary traffic management initiatives for Byron Bay New Year's Eve and approves the road closure of Jonson Street, Byron Bay between Lawson Street through to the car park entry at Railway Park (north of Marvell Street) from 12noon on 31 December 2015 and its removal by no later than 7am on the 1 January 2016.

2. That the above approval remain subject to Council endorsement of the event prior to implementation and is subject to the following requirements:

a) traffic control plans are designed and implemented by those with the appropriate NSW (RMS) accreditation;

b) advertising is undertaken as required by the Roads Act plus the publication of a map and explanatory notes in a local newspaper and on Council's website;

c) the letterbox drop of properties adjacent and prior to the Jonson Street closure and Bay Street, Marvell Street and Byron Street parking changes; and

d) that all parties involved in Council's NYE events hold or least covered by, appropriate and relevant levels of insurance and public liability cover as required by Council.

Report No. 6.8 Road Closures Bangalow Christmas Eve Carnival

File No: I2015/1412

Each year the Bangalow Chamber of Commerce organise the Christmas Eve street parade that requires closure of Byron Street, Bangalow which occurs 5.30pm to 10pm between the Granuaille Road, Lismore Road and Byron Street roundabout and Market Street intersection.

The event has no reported problems, with Council again providing s356 community funding and involved in implementing the temporary traffic control which includes a detour for through traffic via Deacon Street.

On these grounds Committee endorsement of the event is sought.

Committee Comments

· Council to provide TCP to the Committee

· First year Council not implementing the TCP, and organisers to engage accredited third party.

· RMS road occupancy license needed. organisers can sign up online as available at:

http://www.rms.nsw.gov.au/business-industry/road-occupancy-licence/index.html

Management Comments

Nil

RECOMMENDATION:

1. That the temporary traffic arrangements for the Bangalow Christmas Eve Carnival, scheduled for 24 December 2016 and includes the temporary closure of Byron Street between Granuaille Road and Market Street between the hours of 5.00pm and 10.00pm, be endorsed.

2. That the organisers be responsible for implementing a Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation and be advised Council’s fee for holding an on-road event will apply.

3. That public liability insurance be in place for the sum of at least $20 million.

4. That the concurrence of the Police and RMS be sought by the organisers, independent of the Local Traffic Committee endorsement, including, approval of Roads and Maritime Services is obtained by way of a Road Occupancy License as event is on a state road or may impact the state road network.

5. That the event be advertised in accordance with the Roads Act charged at cost to the organisers.

6. That the event be notified on Council's website.

7. That it be noted Council do not provide traffic control services for such events and that RMS accredited persons can only do so.

Report No. 6.9 Request for Give Way, Dandaloo Way and Reka Way, Ocean Shores

File No: I2015/1414

A resident has advised of concerns for safety at the unmarked and unsigned intersection and has requested Give Way be provided. Given the main through traffic is as per yellow line it is believed the Give Way is most appropriate on Dandaloo Way as pictured. Committee advice is sought as is endorsement of a preferred treatment.

Committee Comments

RMS suggested the Give Way treatment not be undertaken as pictured and instead be located on Reka Way as per standard practice. Police concurred.

Management Comments

Nil

RECOMMENDATION:

That a Give Way treatment be signed and marked on Reka Way, Ocean Shores at the intersection with Dandaloo Way.

Report No. 6.10 Request for restrictive parking and exemptions, RFS Station, Alcorn St, Suffolk Park

File No: I2015/1415

RFS Station at Suffolk Park has requested restrictive parking be implemented to at least south side of the driveway on Alcorn Street, Suffolk Park which allows RFS volunteers attending the station opportunity to park in close proximity, thereby saving time in case of emergency. The site and the proposal are depicted.

To stop general permissive parking the options are either No Stopping, No Parking or potentially declare it a Restricted Parking Area (RPA). Either way, a second condition that allows some vehicles an exemption to that rule is required, plus the ability to recognise which vehicles is exempt to the rule. Further complications are then ability to manage and enforce the rule. Therefore in short, Council need to consider not just approval (which requires LTC endorsement) but administration, management and enforcement.

However relevant to the Committee is firstly the justification for an appropriate parking regulation. To assist the Byron Bay RFS Captain (Gregg Miller) provided the following response to these e-mailed questions:

Q1. How many vehicles need such parking (i.e. max number at any one time)?

generally we would have five cars to most call outs , we park nose in on the southern side of the station drive and on occasion 1 or 2 spaces on the northern side of the drive

Q2. Do the vehicles have any logos/branding on them, or as I presume they mostly private vehicles?

they are private vehicles however…able to provide identity stickers if required

3. Do or could RFS members carry any standard identification they could leave on the vehicle dashboard?

as above identity sticker for the windscreen

4. Do you have preference for where parking is reserved – or is either side of the station driveway ok?

prefer the space on the southern side of the station driveway generally we can get five cars in this space

5. Based on last 12 months, how often is such parking been required and, when so, how often has it been a problem?

The brigade attended 76 incidents last year April 2014 till March 2015, the problem has occurred over the past three months , with the residents of the flat two doors down on the opposite side of the road parking in these spaces, and their trailer. As we operate 24/7 there is no specific time that were there.

6. Is there a time more problematic than others? For example is between 6pm-6am generally ok/low demand parking, or is it weekend problem only or Mon-Friday day time, etc. Please advise. Without such detail I will assume the problem is mainly daytime due to adjacent park and beach access.

Park and Beach access has never been a problem. Generally they if visitors, park to the northern side of the park, locals generally walk. At weekend we do experience high volume of families using the park, and children's playground. As above question 5, the residents are there every evening, and throughout the days of the week, their cars are generally parked there also at weekends as there appears that there is not enough parking spaces at the units. On the 10th of September there was a wedding in the park, and no spaces available at all. The closest park to the station was at the northern end of Gagging Park.

Based on the above responses it appears the main recurring problem is local residents parking adjacent to the fire station and therefore providing restrictive parking on the south side of the driveway, where five vehicles can be accommodated, will be sufficient for most occasions. Further review can be done later if required.

Given a speed hump is approx. 10m south of the driveway it is recommended that No Parking – Byron Shire Council Authorised Vehicles Excepted be signed through to it and to 5m north of the RFS driveway.

Figure 1: length of restriction (blue line) and position of the two signs (red circles)

Committee Comments

Endorsement is on grounds of providing for staff/volunteers of an Emergency Services and not a regulation or benefit that would extend to general public

Management Comments

Nil

RECOMMENDATION:

1. That No Parking – Byron Shire Council Authorised Vehicles Excepted be signed on Alcon Street, Suffolk Park commencing from 5m north of the RFS station driveway and continuing south to the speed hump.

2. That recognising which vehicles are an exception to the rule is a matter for Council and RFS, noting a visual permit displayed on the vehicle dashboard will assist with enforcement and is recommended.

Report No. 6.11 Approval of two mobility permit spaces, Middleton Street car park, Byron Bay

File No: I2015/1416

Council recently completed the construction of a car park in Middleton Street, Byron Bay. The design is depicted and shows the two sites now signed as a Mobility Permit Parking space as numbered on the plan as 15 and 30. Committee endorsement of this is now sought.

Figure 1: design plan showing sites 15 and 30 – signed as mobility permit spaces

Committee Comments

Endorsed subject to compliance with relevant mobility parking standards

Management Comments

Nil

RECOMMENDATION:

That Local Traffic Committee endorse the installation and signage of two mobility permit parking spaces in the Middleton Street car park, Byron Bay at spaces as marked on Council’s design plan 1641 numbered 15 and 30, subject to compliance with relevant standards.

Report No. 6.12 Proposed No Parking and time limits to Loading Zones, Bay Lane, Byron Bay

File No: I2015/1417

Council has received complaints from a local business owner in Bay Lane, Byron Bay who is experiencing loss of property access and visibility due to people parking in the Loading Zone area outside their shops. They claim parking can occur for up to 90-minutes and that in the afternoon the mix of loading vehicles and the commencement of the evening dining (whereby tables/chairs are put on the footpath area) exacerbate the problem they report.

While this requires enforcement, part of the request is to limit the time in the Loading Zone and/or even consider restricting the hours of its operation, and while the proponent wishes this settled quickly, such outcome is unlikely as changes will require consultation and given the approaching Christmas/New Year period will mean reports back to LTC/Council in February 2016 at earliest, unless no objections are received during consultation or the Committee are able to provide in-principle support as recommended.

The recommendation also includes restricting 15m of the western end of the Loading Zone to being operational between 6am-10am only with 15 minutes time limits to apply during such times and that No Parking applies other times within the same 15m length. In doing this leaves approximately 50m of Loading Zone, available at all times.

Figure 1: yellow line=no stopping; red line=Loading Zone (approx. 65m length)

Figure 2: use of the Loading Zone in front of shops

Committee Comments

Consultation required to understand impacts of and support for the proposal before it proceeds.

Management Comments

Nil

RECOMMENDATION:

That subject to concurrence of adjacent shops including the Beach Hotel opposite, Council endorse restricting 15m of the western end of the Loading Zone to being operational between 6am-10am only with 15-minute time limit to apply during such times and that No Parking applies at all other times within the same 15m length.

Report No. 6.13 Request for speed humps, Seven Mile Beach Road, Byron Bay

File No: I2015/1418

Private property owner on the gravel road of Seven Mile Beach Road, Byron Bay has offered to pay for the sealing of approximately a 320m length, which as shown commences approximately 40m south of Lot 3 driveway and continues northward covering three property driveways.

Once sealed the proponent would also like to introduce speed reducing measures and has suggested speed humps. Committee advice on the appropriate traffic calming measure however is sought.

Committee Comments

· Committee does not agree to the installation of speed humps in an unrestricted speed unsealed road, or a small length of sealed section.

· Speed humps are an urban treatment and typically require lighting, kerb and gutter and within a slower speed environment (50k or less speed limit).

· REF process required prior to sealing as the impacts of sealing this road need to be considered, noting an REF is not a part of regulatory decisions of the LTC.

Management Comments

Nil

RECOMMENDATION:

That Council notes that the Local Traffic Committee does not endorse the use of speed humps on the proposed sealed section of Seven Mile Beach Road, Broken Head in a default rural speed limit area, and that a reduced speed limit is not appropriate.

Report No. 6.14 Proposed Massinger Street and Lawson Street roundabout, Byron Bay

File No: I2015/1419

Council is proceeding with development of a roundabout for the intersection of Massinger Street, Lawson Street and Lighthouse Road, Byron Bay. Extract of the design plan is reproduced and full design plan will be available at the meeting for review.

Committee advice is sought plus endorsement of the extent of No Stopping shown, noting the proposal of such restriction extends on the east side of Massinger Street for approximately 110m and will assist with an ongoing problem of roadside, on the verge parking that occurs most of the summer holiday period and in particular mitigate the three (3) residential properties from being parked out by the public using this area to access the beach; noting that parking out of the driveways has been an ongoing source of complaints by residents to Council. Further, between Daniel Street and Kipling Street, No Stopping will stop the parking on the proposed drainage swale

Residents have been advised of the project with a notification letter advising of the proposed parking changes.

The introduction of No Stopping in Lawson Street and Lighthouse Road ensures that minimum safe carriage way widths are maintained at the roundabout approach lanes.

ßNORTH

Committee Comments

· There may be an enforcement issue following the installation of the No Stopping signs. Need to be reviewed following installation for future consideration.

· Request that the design plan be reviewed to achieve same result with fewer signs installed, subject to compliance with sign posting standards.

Management Comments

Nil

RECOMMENDATION:

That the Local Traffic Committee endorse the traffic and parking regulatory aspects of Council design plan no. 2211 for the construction of a roundabout at the intersection of Massinger Street, Lawson Street and Lighthouse Road, Byron Bay.

Report No. 6.15 Proposed Restricted Parking Area, Byron Bay Library

File No: I2015/1424

The Byron Bay library car park has been provided onsite for the benefit of staff and patrons. Due to its town centre location and high parking demand in the vicinity, it is frequently used by others. As a result options to restrict and regulate parking have been discussed and to this end Committee advice is sought on the benefit of implementing a Restricted Parking Area – Permits Excepted.

As raised in another item on this same (25 November 2015) agenda, it is believed such a scheme is appropriate given the car park is well defined by a single point of access/egress and the issuing of permits can be undertaken as required by Council staff within the library to assist with enforcement and deter use by those who do not have the library as their destination.

The location and the signage recommended are depicted.

Figure 1: proposal and location

Similar to a related agenda item, under such a scheme permits would be controlled and issued by Council’s library management for the purpose of displaying on vehicle dashboards. Such undertaking would however only be required by longer term parking (e.g. staff) and not those simply dropping off or picking up goods or passengers.

The regulatory signage is also depicted including proposed modification of R5-541 to include “Permits Excepted” and no changes to R5-542, noting both can be enforced under the previously cited NSW Road Rule 168-1; and to assist further, supplementary signage is also recommended as shown.

Figure 2: recommended regulatory and supplementary signage


R5-541 Modified	R5-542	Supplementary sign

As the library operates seven (7) days a week the Restricted Parking Area would apply at all times.

Committee Comments

Change wording for sign plate to state “Permits Issued at Library”

Management Comments

Nil

RECOMMENDATION:

1. That the start and end of the Restricted Parking Area – Permits Excepted be implemented respectively via installation of RMS signs R5-541 and R5-542 at the Byron Bay library car park entry and egress as located on Lawson Street, Byron Bay.

2. That adjacent to the signage erected according to Part 1, a supplementary sign indicating how permits are obtained be installed, i.e. “Permits issued at Library”

3. That Council note the Local Traffic Committee advice that the signage within Part 1 can be enforced under NSW Road Rule 168-1.

Report No. 6.16 Request for No Stopping, Authorised Vehicles Excepted, rear of Australia Post, Deacon Street, Bangalow

File No: I2015/1431

A request has been received from the Manager of Australia Post, Deacon Street Bangalow that signage requiring “No Stopping - Authorised Vehicles Excepted” be installed at the rear of the building to allow Australia Post vehicles access. At present vehicles are parking in the laneway blocking access to postal vehicles, despite No Parking signs, and vigilant compliance monitoring of the area.

Committee endorsement is sought; noting it recommended the length to which it applies covers the rear of the post office and the public land adjacent which provides a path through to the main street.

Committee Comments

Concern for precedent as not emergency service, however accept that Australia Post provide public service and the exception is to apply to their branded vehicles in the act of delivery/pick up.

Management Comments

Nil

RECOMMENDATION:

1. That Local Traffic Committee endorse the installation of No Stopping – Council Authorised Vehicles Excepted, signage at the rear of Australia Post property in Deacon Street, Bangalow and the same restriction continue westward to also cover Council land which provides pedestrian access through to the main street.

2. This exception applies to “Australia Post” delivery vehicles only.

There being no further business the meeting concluded at 2.30pm.

Date of Meeting:		Thursday 12 November 2015
Time Commenced:		11.10am
PRESENT:	Councillors:		Cr Rose Wanchap
	Community Representatives:		There are no community representatives.
	Invited Representatives:		Paul Spooner (Byron Community Centre), Tess Cullen (Byron Community Centre), Mouche Phillips (Byron Community Centre) Brandon Saul (Falls Festival) Bjorn Peterson (Byron Bay Chamber of Commerce)
	Staff:		Joanne McMurtry (Community Policy Officer)

1. APOLOGIES:	Cr Simon Richardson, Greg Jago (Police), Peter Wood (Arts Northern Rivers), 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 16 September 2015 meeting were adopted. (Spooner/ Phillips)
5. BUSINESS ARISING FROM PREVIOUS MEETING

Number Female Patrons	Number Closet Pans	Number Wash Basins
1 -25	1	1
26 - 50	2	2
51 - 100	3	3
101 - 150	4	3
151 - 200	5	3
201 - 250	6	3
251 - 300	7	3

Number Male Patrons	Number Closet Pans	Number Urinals	Number Wash Basins
1 -50	1	1	1
51 - 100	1	2	2
101- 150	2	3	2
151 - 200	2	4	2
201 - 250	2	5	3
251 - 300	2	6	3

Reserve Name	Reserve No.	Gazetted Public Purpose	Land Details
Ferry Reserve Holiday Park	R74701	Public Recreation	Lot 101 & 102, DP851964 Lots 10 & 11 DP1169547 Part of adjoining road reserves Lot 40, DP1134059 Lot 420, DP804961
Terrace Reserve Holiday Park (Includes Banner Park, Terrace Park and Simpsons Creek Park)	R82999	Resting Place & Public Recreation	Lot 416, DP 728666 Lot 313, DP755692 Lot 403, DP 728637 Lot 408, DP728643 Lot 1 DP 1169548 Lot 50 DP1169550
Massey Green Holiday Park	R91536 & Part R1012196	Caravan and Camping Park. (91536). Access, Public Requirements, rural services, tourism purposes and environmental and heritage conservation	Lot 409, DP728650, Lot 7005, DP1113421 Lot 20 DP 1169546
Torakina Park	Part R82780	Future public requirements	Part Lot 423 DP729272

Public authority/stakeholder	Issue requiring comment
NSW Rural Fire Service	Section 117 of the Environmental Planning and Assessment Act 1979, Ministerial Direction 4.4 to consult with the Commissioner of the NSW Rural Fire Service.

Estimated completion	Plan making step
September 2015	Gateway determination issued by Department of Planning and Environment.
October/November 2015	Public exhibition of planning proposal. Government agency consultation.
December 2015	Analysis of public submissions. Preparation of Council report.
December 2015	Public submissions report to Council.
February 2016	Endorsed planning proposal submitted to Department of Planning and Environment for finalisation.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 12 November 2015
Time	11.00am

Venue	Meeting Room 1, Council Offices, Mullumbimby
Date	Wednesday, 19 August 2015
Time	2.30pm

Venue	Meeting Room 1, Station Street, Mullumbimby
Date	Wednesday, 28 October 2015
Time	1.00pm