Publicbsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 10 December 2015

 

9.    Notices of Motion

9.3     Byron Central Hospital Staffing and Services

Attachment 1... BCH Consultation Paper Final................................................................... 4        

 

13.  Staff Reports

13.2   Report of the Public Art Assessment Panel meeting 5 November 2015

Attachment 1... Minutes of Public Art Assessment Panel meeting held 5 November 2015 21

Attachment 2... byron_shire_development_control_plan_dcp_2014-part_d_chapter_d8_-_public_art................................................................................................................. 25

Attachment 3... Brief - call for Expressions of interest from Arakwal artists for indigenous artwork on Byron Shire Water Infrastructure........................................................ 31

Attachment 4... Call for Expressions of Interest for artistic treatment of Byron Shire Water Infrastructure (Sewer Pump Stations)..................................................... 37

13.4   Financial Sustainability Plan 2015/16

Attachment 1... Draft 2015-2016 Financial Sustainability Plan......................................... 45

13.5   Report of the Safe Summer in the Bay PRG meeting 12 November 2015

Attachment 1... Minutes of the Safe Summer in the Bay PRG 12 November 2015........ 77

Sustainable Environment and Economy

13.10 PLANNING - Outcome of meeting  (res 15-110)  - 10.2014.417.1 - Demolition of existing residential flat building & construction of a new residential flat building and associated works at 43 Lawson Street Byron Bay

Attachment 1... Original Assessment Report.................................................................... 79

Attachment 2... Plans of proposed development received 17/11/2015............................ 99

Attachment 3... Draft Conditions of Consent - 43 Lawson Street, Byron Bay................ 131

13.11 Compliance Priorities Program - 2016

Attachment 1... 2016 Compliance Priorities Program .................................................... 149

Attachment 2... Compliance Guidelines - Private Functions in Rural Zones.................. 150

13.13 Freedom Camping Trial - Byron Bay

Attachment 1... Freedom Camping Trial Site Selection Matrix - Presented at the Strategic Planning Workshop on 28 May 2015.................................................................... 153

Attachment 2... Budget for the Freedom Camping Trial at The Cavanbah Centre........ 155

Attachment 3... Freedom Camping Trial - Freedom Camping Trial Presentation to the Strategic Planning Workshop on 28 May 2015..................................................... 158

13.15 PLANNING - Rural Land Use Strategy – Site Suitability Criteria & Mapping Methodology and related mapping

Attachment 1... Draft Rural Land Use Strategy - Site Suitability Criteria and Mapping Methodology (as revised), including related maps...................................................... 181

Attachment 2... Form of Special Disclosure of Pecuniary Interest................................. 207

13.18 Update on s68 applications for Approval to Operate - Brunswick Heads Holiday Parks

Attachment 1... Draft MoU between NSW Crown Holiday Parks Trust and Byron Shire Council  209

13.19 PLANNING - Tyagarah Airstrip Planning Proposal

Attachment 1... Tyagarah Airstrip Planning Proposal..................................................... 213

13.20 PLANNING - Development Application 10.2015.505.1 - Alteration and additions to existing backpackers accommodation, including demolition of an existing dwelling and construction of a new three level building with basement carpark to increase capacity to 200 beds

Attachment 1... Conditions of consent 10.2015.505.1.................................................... 430

Attachment 2... Proposed development plans 10.2015.505.1........................................ 445

13.21 PLANNING - Submissions Report - Planning Proposal for Secondary Dwellings in RU5 Village Zone

Attachment 1... Planning Proposal to permit secondary dwellings in the RU5 zone ..... 450

Attachment 2... Submission from NSW Rural Fire Service - Planning Proposal to permit secondary dwellings in RU5.................................................................................... 475

Attachment 3... Form of Special Disclosure of Pecuniary Interest................................. 477

13.22 PLANNING - Submissions Report - Planning Proposal  to rezone land at Granuaille Crescent, Bangalow, to R2 Low Density Residential.

Attachment 1... Planning Proposal for rezoning land at Granuaille Crescent to R2 ...... 479

Attachment 2... Site ID Map for rezoning of Lots 233, 232, 231 DP 1194657, Granuaille Crescent, Bangalow to R2 ..................................................................................... 510

Attachment 3... Land Zoning Map for rezoning of Lots 233, 232, 231 DP 1194657, Granuaille Crescent, Bangalow to R2..................................................................... 511

Attachment 4... Floor Space Ratio Map for rezoning of Lots 233, 232, 231 DP 1194657, Granuaille Crescent, Bangalow to R2..................................................................... 512

Attachment 5... Lot Size Map for rezoning of Lots 233, 232, 231 DP 1194657, Granuaille Crescent, Bangalow to R2 ..................................................................................... 513

Attachment 6... Form of Special Disclosure of Pecuniary Interest................................. 514

Infrastructure Services

13.23 Infrastructure Works in the North of the Council Area

Attachment 1... South Golden Beach Street Drainage Works Program and road renewal / reconstruction 10 year program 24.2014.10.1...................................... 516

13.24 Extending Recycled Waste Water from West Byron STP to the Byron Foreshore

Attachment 1... Technical Review Use of Byron Urban Reuse Scheme Recycled Water for Dual Reticulation............................................................................................ 517

Attachment 2... Figure 1 Schematic Byron Bay Urban Recycled Water Proposed Extension       522

13.31 10.2013.562.1 North Byron Beach Resort Central Facilities ET Assessment

Attachment 1... Planners North Letter Requesting Referral to Council.......................... 523

Attachment 2... Planners North Letter Rationale for ET Reduction................................ 524

Attachment 3... Planners North Letter Submission to Byron Shire Council regarding ETs 10 April 2014 - Redmapped................................................................................ 535

13.33 Byron Bay Sewage Treatment Plant Capacity and the Belongil Fate of the Effluent

Attachment 1... 3 - Union Drain WL Assessment - Oct 2015......................................... 560

Attachment 2... Byron STP Capacity Review - Final Report August 2015 - GHD......... 574       

14.  Reports of Committees  

Corporate and Community Services

14.1   Report of the Internal Audit Advisory Committee Meeting held on 12 November 2015

Attachment 1... Minutes of the Internal Audit Advisory Committee Meeting held on 12 November 2015....................................................................................................... 714

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

Attachment 1... Minutes of the Arakwal MoU Advisory Committee Meeting held on 19 August 2015............................................................................................................... 718  

Infrastructure Services

14.3   Report of the North Byron Coastal Creeks Flood Risk Management Committee Meeting held on 28 October 2015

Attachment 1... Minutes 28/10/2015 North Byron Coastal Creeks Flood Risk Management Committee............................................................................................. 723

Attachment 2... North Coastal Creeks Draft Flood Study - Calibration Report - Low Res 726

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

Attachment 1... Minutes 25/11/2015 Local Traffic Committee....................................... 922       


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Minutes of the Byron Shire Council Public Art Assessment Panel Meeting held on Thursday 5 November 2015

E2015/72538

PRESENT:   Cr P Spooner

 

Staff:            Joanne McMurtry (Community Policy Officer)

                    

                    

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

                     Suvira McDonald (Community Artist member)

                     Tracey Whitaker (Community member)

                     Denise Napier (Community member)

                     Rick Molloy (Practising Artists Network)

 

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

 

APOLOGIES:     Cr S Richardson, Paula Cordeiro (Community Artist member), Michele Zarro (Community member), Gavin Brown (Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)), Andy Erskine

 

DECLARATIONS OF INTEREST – PECUNIARY AND NON-PECUNIARY

 

Suvira McDonald declared an interest in item 5.1 as an artist that may be interested in any work that may arise from the new development.

 

CONFIRMATION OF A QUORUM:

 

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

 

CONFIRMATION OF PREVIOUS MINUTES:

 

That the minutes of the Public Art Assessment Panel meeting held on 6 August 2015 be adopted.    

(Napier/Wood)

 

 

BUSINESS ARISING FROM PREVIOUS MINUTES (Verbal updates)

 

5.1     Public Art in new development

 

Simon Richardson and Denise Napier met with the developer and staff re DCP requirements for public art on new developments. A verbal report of the meeting was provided. The developer is currently considering options prior to submitting some concept designs.

 

RECOMMENDATION 5.1:

 

That the Public Art Assessment Panel recommend to Council to amend the DCP Chapter D8 ‘Public Art’ to include under ‘Prescriptive Measures’ point 2 “or make an equivalent contribution to Councils public art budget.”

(Spooner/ Wood)

 

5.2     Priority public art locations in Ocean Shores and Suffolk Park

 

This item was deferred to the next meeting.

 

 

 

5.3     Mullumbimby Sculpture Walk

 

Suvira McDonald reported:

·    The engineering reports have been finalised.

·    An application for an occupation certificate has been lodged.

·    Expecting to install over summer.

·    Have notified Creative Partnerships that a final report will probably be provided in March 2016.

 

5.4     Electricity Padmount Substations

 

The artwork has now been installed at both sub-stations.

 

5.5     Rose McKinley painting

 

The artwork has now been installed in the Byron Bay Library.

 

5.6     Bus Shelter corner Jonson & Carlyle Streets

 

The artwork has now been installed at the bus stop.

 

5.7     Public Art Small Grants

 

Two of the public art small grants have been acquitted and finalised – Simpson’s Sofa and Fishtales (from the Brunswick Nature Sculpture Walk). The mural at Byron Community Centre is expected to be finalised shortly. This leaves the Memorial Seat in Brunswick Heads – the applicant has until 30 June 2016 to finalise the grant.

 

 

 

PUBLIC ART PROPOSALS

 

6.1     Public Art on Byron Shire Water Infrastructure

 

RECOMMENDATION 6.1:

 

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

 

Brief 1:

·    Paterson’s Hill Water Tank

·    Wategos Water Tank

 

Brief 2:

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

 (Wood/ Napier)

 

Notes:

· Denise Napier is happy to assist if banner mesh is decided on as a material.

·    Peter Wood offered the services of Arts Northern Rivers Indigenous Arts Development Officer – Mark Cora.

 

 

Tracey Whittaker arrived at 2.30pm.

 

6.2     Public Art Proposal – Temporary loan of sculpture by Allan Horstmanhoff

 

 

RECOMMENDATION 6.2:

 

That the Public Art Assessment Panel recommend to Council to accept the temporary loan of ‘The Beast Within’ by Allan Horstmanhoff and allow the sculpture to remain in situ following the Brunswick Nature Sculpture Walk event in October 2015 for up to twelve months.

 (McDonald/ Molloy)

 

Action:

·    Suggest the sculpture be moved to a more prominent location such as on South Beach Rd near the Jules Hunt sculpture – across the road in Torakina Park.

 

 

6.3     Public Art Proposal – Temporary loan of sculpture by Jules Hunt

 

 

RECOMMENDATION 6.3:

 

That the Public Art Assessment Panel recommend to Council to accept the temporary loan of ‘Beautiful Nature’ by Jules Hunt and allow the sculpture to remain in situ following the Brunswick Nature Sculpture Walk event in October 2015 for up to twelve months.

(McDonald/ Molloy)

 

 

 

6.4     Public Art Proposal – ELYSIUM in Lawson Lane

 

Rebecca Townsend and Sarah Workman were present for this item.

 

The Panel suspended standing orders to receive a presentation from the proponents for the project.

 

RECOMMENDATION 6.4:

 

1. That the Public Art Assessment Panel note the presentation provided by ‘Creative Road’ and recommend to Council to support the concept of the beautification proposal for Lawson Lane as one of the initial projects arising from the Byron Bay Town Centre Masterplan for reasons listed below:

 

a.   It meets many of the objectives of the Public Art Policy and will have excellent outcomes to further public art in the Shire

b.   Is has the potential to be the ‘lighthouse’ project that will provide a benchmark for future public art projects

c.   There are opportunities to provide mentorship for young local artists

 

2. The Public Art Assessment Panel recommend that Council be a key stakeholder in the development and implementation of this proposal.

(Spooner/Napier)

 

 


6.5     Public Art Proposal – “Youth Seat’ and ‘Fishing Seat’ – part of Ten Seats Project, Brunswick Heads

 

RECOMMENDATION 6.5:

 

That the Public Art Assessment Panel recommend that Council to support the Brunswick Heads Ten Seat Project by making a donation of $2,000 to the Tweed Street Taskforce being $1,000 for the ‘Youth Seat’ and $1,000 for the ‘Fishing Seat’ pending full and final concept designs for both seats.

 (McDonald/ Whittaker)

 

Notes:

·    The Panel noted the excellent application, although some panel members would like to understand the whole ‘Ten Seat Project’ better as a whole.

·    Are the Tweed St Taskforce talking with the new owners of the Brunswick Heads Fishing Coop?

·    The Panel questioned the skate park as the best location for the youth seat, considering it seems to be aimed at young children, not teenagers

 

 

 

8.       DATE AND TIME OF NEXT MEETING

 

The next meeting of the Public Art Assessment Panel will be advised – likely in February 2016

 

 

There being no further business the meeting concluded at 3.50pm.

 

 


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CALL FOR EXPRESSIONS OF INTEREST

FROM ARAKWAL ARTISTS AND CREATIVES FOR INDIGENOUS ARTWORK ON BYRON SHIRE WATER INFRASTRUCTURE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Introduction

This document outlines the background and details for developing indigenous artwork concept designs and installation on Byron Shire Water Infrastructure. This brief relates directly to the Paterson’s Hill Water Reservoir and Wategos Water Reservoir.

 

According to the Memorandum of Understanding between  Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) and  Byron Shire Council are calling for expressions of interest from indigenous artists interested in submitting concept designs for artwork on two water reservoirs in Byron Bay. Both reservoirs are in prominent locations, as described below. Due to the high profile locations, this art installation is considered an opportunity to showcase local indigenous artwork and demonstrate commitment to the Memorandum of Understanding between Byron Shire Council and Bundjalung of Byron Bay (Arakwal) Aboriginal Corporation.

 

It is also 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 may be submitted for one or more parts of the following tasks:

 

1.    Artwork concept designs and installation of artwork on the Paterson’s Hill Water Reservoir, and/or

2.    Artwork concept designs and installation of artwork on the Wategos  Water Reservoir

 

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 two large water reservoirs and the second brief is for artistic treatment to Sewer Pump Stations around the Shire.

 

Background

 

A: Memorandum of Understanding

 

Following Native Title Claims in the 1990’s, an Indigenous Land Use Agreement (ILUA) between the Federal Government and the Bundjalung of Byron Bay Arakwal People was developed to implement part of these Native Title Claims. A further Native Title Claim was made resulting in two more ILUAs which were signed in 2006.

 

Byron Shire Council entered into a Memorandum of Understanding with Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) in July 2013. A key part of the MOU is to develop public art opportunities for Arakwal people to have artistic and cultural expression.

 

B: 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.

 


The dimensions of the reservoirs are:

 

·    Paterson Street – Wall height 5.5 metres / Circumference – 77 metres

·    Wategos – Wall height – 4.5 metres / Circumference 37 metres. This location only needs painting/ artistic treatment around half of the reservoir.

 

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

 

Whilst the type and style of artwork is open, due to the size of Paterson’s Hill Water Reservoir, a mural may be the appropriate treatment. However the Wategos Water Reservoir may lend itself to other treatments such as a digital image on bannermesh.

 

Water Infrastructure 022 

Wategos Water Tank                                         

 

Water Infrastructure 026  Water Infrastructure 032

Patterson’s Hill Water Tank                                                            Highly visible

 

 


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

 

byron_coloursl_logosml_rgb2Byron 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.”

 

 

D: 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.

 

E: 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 treatment or artwork on the two water reservoirs located as indicated in Byron Bay;

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

b.    Will provide inspiration as viewed from a distance;

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

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

e.    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 for one or more parts of this Expression of Interest:

 

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 one or both of the  water reservoirs

1.2.  a proposal of the artwork (ie the 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

 


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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

Water Infrastructure 020 Water%20Infrastructure%20021

Wategos Pump Station

Water Infrastructure 035  Water%20Infrastructure%20038  

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

 

Water%20Infrastructure%20040  Water%20Infrastructure%20041

Suffolk Park                                                                           Broken Head Road

 

Water Infrastructure 044  Water%20Infrastructure%20047 

Byron Bay Rec Ground                                                         Byron Bay Rec Ground

 

Water%20Infrastructure%20050

Bayshore Drive near Depot

 

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

 

byron_coloursl_logosml_rgb2Byron 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

 


 

 

 

 

 

 

 

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BYRON SHIRE COUNCIL

 

 

 

Financial Sustainability Plan

 

2015/16

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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TABLE OF CONTENTS

 

1.        Overview.. 1

2.        The Plan. 4

3.        Expenditure Review.. 6

4.        Revenue Review.. 7

5.        Land Review and Property Development. 9

Strategic Objectives. 9

Land Register 9

Yields. 9

Key Land Sites. 10

Development Options and Timeframes for Key Land Sites. 11

Review of Strategic Options for Land Management 15

Conclusion. 15

6.        Strategic Procurement. 16

7.        Policy and Decision Making. 18

8.        Potential Commercial Opportunities. 21

9.        Volunteerism.. 23

10.     Collaborations and Partnerships. 25

11.     Asset Management. 26

12.     Long Term Financial Planning. 27

13.     Performance Indicators. 29

14.     Summary of 2014/15 Financial Outcomes. 30

15.     Action Implementation Plan. 31

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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

 

 


Development Options and Timeframes for Key Land Sites

 

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.

 


 

14.    Summary of 2014/15 Financial Outcomes

 

 


 

15.    Action Implementation Plan

 

The Action Implementation Plan is annexed to this Plan, see E2015/XXXXX.

 

Note:

 

The Action Implementation Plan will be prepared following the adoption of the 2015/16 FSP and include the Actions detailed in the adopted Plan for each Chapter.

 


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

 

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

 

·    Recommendation to Council re SEPA not adopted

·    Recommendation to Council re additional funds ($20,000) was adopted (15-472)

·    NYE Shuttle bus from The Cavanbah Centre to corner Jonson/Lawson St between 5pm to 3am (15-474)

 

Paul Spooner arrived at 11.45pm.

 

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

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

·    Crystal Castle have become a partner with Council through the Making Things Happen program and have offered their ‘experience development team’ to assist with First Sun NYD. Joanne to set up a meeting between Crystal Castle and Byron Community Centre to get the ball rolling.

·    Soul St NYE budget is going well, but still $5,000 short to pay for programming planned. Tess and Joanne did a site walk around and came up with a plan of where to locate toilets and possible additional electricity points.

·    Discussion was held about festoon or lantern lighting to add to the festive mood of the night.

·    Council will be putting additional toilets plumbed in at Apex Park to complement the Exeloo’s over the busy summer period.

·    The draft Traffic Management Plan was discussed, including reducing the bus movements of Falls Festival buses in town for NYE. Joanne to set up a separate meeting with Brandon Saul and Simon Bennett to discuss what will work for all parties.

·    Council have decided to book St John’s First Aid for NYE. The closer NYE is to the weekend, the greater the risk of injury and anti-social behaviour. Also, the emergency hub of Police and Ambulance only happens if emergency services are not required elsewhere on the night.

 

ACTION LIST: 

1.   Joanne to set up the following meetings:

a.   Crystal Castle and Byron Community Centre re First Sun NYD event

b.   Falls Festival and Council’s Traffic & Transport Officer re reducing bus movements in town on NYE

c.   Between Council’s Media Liaison Officer and Byron Community Centre re marketing

 

8.    date and time of NEXT meeting:

9 – 11pm, 3 December

 

Time Meeting Closed:

 

12.40pm

 

 


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

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

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)

< 55m2 floor 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

50m2 per 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.


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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

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

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

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

(5)          This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.

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

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

4)      Shoring and adequacy of adjoining property

(1)          For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent that if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a)  protect and support the building, structure or work from possible damage from the excavation, and

(b)  where necessary, underpin the building, structure or work to prevent any such damage.

(2)          The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

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

5)      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.

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.

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

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.

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

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.

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.


COMPLIANCE PRIORITIES PROGRAM - 2016

 

1.   Very High Priorities:

 

1.1       Developments, actions, works, activities or uses that places people’s lives at immediate risk or that cause or are likely to cause a significant risk of environmental harm or pollution;

1.2       Significant environmental and public health incidents;

1.3       Dangerous and/or menacing dogs;

1.4       Traffic, parking and unapproved camping activity enforcement;

1.5       Asbestos containing material (ACM) being illegally dumped on public land

 

2.   High Priorities   

 

2.1      Provide education or workshops and undertake compliance enforcement programs for;

(a)   Places of shared accommodation (commercial and non commercial)

(b)   Swimming pool safety including legislative requirements

(c)   Improving compliance standards for unapproved dwellings

(d)   Onsite sewage management systems (including CERA project)

(e)   Food safety inspections

(f)    Awareness of current public health requirements

(g)   Companion Animals with a high emphasis on high visibility enforcement and public education. (15-465)

(h)   Safe procedures for handling and disposal of Asbestos Containing Materials

(i)     Seasonal public health issues and community preparedness including issuing a minimum of two media releases.

2.2      Responses to complaints about recurring noise disturbance, public nuisance from premises, maintenance of alcohol free zones;
NOTE: One-off complaints to be addressed by information and education in the first instance as a “routine” priority.         

2.3      Unauthorised events, including unapproved dwellings, wedding receptions, parties, 'doof’ and 'rave' parties;

 

3.   Medium Priorities

 

3.1      Development or activities without consent, or non-compliance with consent, permit or licence conditions where these appear to pose no immediate threat to life, property, public health or the environment;

3.2      Livestock on public roads;

3.3      Non-compliant signage (07-550, 06-204).

3.4      Uncontrolled dogs and/or cats including those kept on land where Policy or Development consent prohibits it. (14-544)        

          

4.   Routine Priorities

 

4.1      All other matters.

 

 

E2015/76485


bsc_logo_150dpi_rgb BYRON SHIRE COUNCIL

COMPLIANCE GUIDELINES

 

 

Weddings, Private Parties or other Private Functions in Rural Zones

 

 

 

NOTE: These guidelines do not apply to the use of premises for any type of commercial use for weddings, parties and functions. If you do propose to use your premises on a commercial basis, this may constitute a Function Centre, which is a defined use under the terms of the Byron Local Environmental Plan 2014. It is recommended that you obtain professional planning advice prior to carrying out any commercial use of your premises as a function centre or the like.

 

 

Weddings, private parties or other private functions are identified as a type of exempt development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, which is available online at www.legislation.nsw.gov.au.

 

These guidelines are based on the interpretation of the Building Code of Australia in conjunction with State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and other relevant legislation.

 

These guidelines only apply to the following zones:

 

Byron Local Environmental Plan 2014

 

·    R5 Large Lot Residential

·    RU1 Primary Production

·    RU2 Rural Landscape

·    RU5 Village

 

Byron Local Environmental Pan 1988

 

·    Zone No 1(a)—(General Rural Zone)—black edging, lettered “1 (a)” and coloured light brown.

 

·    Zone No 1(b1)—(Agricultural Protection (b1) Zone)—black edging, lettered “1 (b1)” and coloured light brown.

 

·    Zone No 1(b2)—(Agricultural Protection (b2) Zone)—black edging, lettered “1 (b2)” and coloured light brown.

 

·    Zone No 1(c1)—(Small Holdings (c1) Zone)—black edging, lettered “1 (c)” and coloured light brown.

 

·    Zone No 1(c2)—(Small Holdings (c2) Zone)—black edging, lettered “1 (c2)” and coloured light brown.

 

Does your proposed wedding, private party or other private function comply with the following standards?

 

1.   No more than 300 guests.

 

2.   Tents and marquees must not have a combined greater floor area than 300 square metres.

 

3.   Each tent or marquee is greater than 3 metres from any boundary.

 

4.   Each tent or marquee must be erected so as to provide an unobstructed pedestrian circulation area at least 1.5m wide around the perimeter of the tent or marquee, unless it is attached to or abuts a building with no separation,

 

5.   Each tent or marquee must be erected at ground level,

 

6.   Each tent or marquee must have the following number of exits arranged so as to afford a ready means of egress from all parts of the tent or marquee to open space or a road:

 

(i)      1 exit if the tent or marquee has a floor area of not more than 25m2,

(ii)      2 exits if the tent or marquee has a floor area of not more than 100m2,

(iii)     4 exits in any other case,

(iv)    If any tent or marquee includes internal seating, stalls, tables or other obstructions, a clear path of travel to any exit no greater than 40m in length must be provided,

 

7.   Each tent or marquee must have a width for each exit of at least:

 

(i)      850mm if the floor area of the tent or marquee is less than 150m2, or

(ii)      1m in any other case, no tent or marquee can have a wall height exceeding 4m,

 

8.   Each tent or marquee must have a height, as measured from the surface on which the tent or marquee is erected to the highest point of the tent or marquee, not exceeding 6m,

 

9.   No tent or marquee can contain tiered seating,

 

10. Any wedding, private party or other private function must take place only during the following periods:

 

(i)       7.30 am to 11.00 pm on Monday, Tuesday, Wednesday or Thursday,

(ii)      7.30 am to 12.00 am on Friday or Saturday,

(iii)     8.00 am to 8.00 pm on Sunday,

 

11. If the development is carried out for the purposes of a wedding, private party or other private function (unless it is a community event to which Subdivision 7 applies):

 

(i)       each tent or marquee must not be erected on the land for more than 7 days, and

(ii)      the number of days for which a tent or marquee is erected on the land together with the number of days for which tents or marquees have previously been erected on the land for private functions in the same calendar year must not exceed 30 days.

 

12. In any other case—each tent or marquee must not remain on the land for more than two days after the function or after the completion of the filming at the location,

 

13. Arrangements must be made for the removal of any waste or recyclable materials likely to be generated as a result of the function or the filming activities.

 

14. Sanitary basins and hand washing facilities for female patrons.

 

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

 

15. Sanitary basins and hand washing facilities for male patrons.

 

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

 

16. All parking must be contained within the property boundaries and adequate access must be provided for emergency vehicles.


 

Site

BRSCC

Clarkes Beach Car Park

First Sun Caravan Park

Beach Front Holiday Park Suffolk Park

Red Devil Park

Belongil Fields Camp Grounds

Key:                Council Initiated Trial Sites

            Exsting Caravan / Camping sites

         

           

 

 

 
Nomads Byron Bay Arts & Industry Estate

 

Discovery Holiday Park

 

Glen Villa

Clarkes Beach Caravan Park

Land ownership & Consent

Council Owned and managed.Zoned RE1.

POM does allow for primitive camping. Zoning is Public Recreation.

Zoned 6A, 7F1. Crown Reserve – Council is trust manager.

Operational / Community (car park) Land. Zone 7f2.

Community Land. Zone 7f2.

Crown Reserve with crown tenure Zoned 6B/ 7A/ 7B. Existing approval to operate a camping ground.

Private. Currently zoned 1D and has existing approval for camping.

Private. Zoning is SP3 Owners have approached council with an interest to work together.

Zoning is SP3 .Current consent for Caravan park

Current consent for Caravan park. Zoned R2.

Zoned 6A, 7F1 Current consent for Caravan park.

Reason for recommendation / positive impacts 

·  Council managed       / good control site for trial

·  Good hard stand access

·    Well positioned for overflow events

·  Central location close to hot spots and beach

·  No cost to establish

·   Central location

·   Already take in large van numbers

·   Capacity to include more vans

·  Out of central area option

·  close to Suffolk hot spots

·  have capacity

·     Have strong interest to change business model to include overnight parking

·     Have capacity to invest in infrastructure

·     Full facilities

·     24hr caretaker 

·     Current van site

·     Interested to partake in trial

·     Current Backpacker hub

·     Area on site near entry carpark identified as possible freedom camping location for 20 bays. Subject to DA.

·     Owners keen to proceed. 

·     Current Van site

·     Interested to partake in trial

·  Current van site

·  Interested to partake in trial

·     Current van site

·     Interested to partake in trial

Location

Out of town

Good access

Beach-front location

 

Prime Position / beach-front

Beach-front and not far from Suffolk Park Shopping Centre

Out of town centre but close to beach and Suffolk hot spots

Out of town centre, but lots of space and reasonable priced.

Skinners Shoot Road. Central and walking distance to town .

Out of town centre, but offers full facilities 

Butler Street  Central and walking distance to town

Lighthouse Road Beach-front location

walking distance to town

Existing facilities

Toilets: 5 x F, 2 x M, 1 urinal, 1 disabled. Drinking tap,   sewer and water services available to carpark

Toilets:3 X F, 2 X male, 1 disabled, BBQ

Full caravan park facilities: Toilets, showers, BBQs, wifi, security, sheltered area 

Full caravan park facilities: Toilets, showers, BBQs, wifi, security, sheltered area  

Full facilities + 24 hr caretaker

Full caravan park facilities + cooking shelter + seating area

 Full facilities, + kitchenette + entertainment.

 

 

Full Facilities+ pool+ tennis Court + wifi +BBQs +shelter + dump point 

Full Facilities+ pool+ tennis Court + wifi +BBQs +shelter + dump point 

Full caravan park facilities: Toilets, showers, BBQs, wifi, security, sheltered area  + dump point

Capacity

Large

Small – 20 spaces proposed

Large

Large

Medium

Medium

Medium

Large

Large

Large

Potential negative impacts

Could impact on revenue by effecting daily events. Developer Servicing fees could be prohibitive if can’t be made exempt for trial purposes.

Vans highly visible. Close to residential zone.

Already caters to high end of vanpacker market. Potentially wont assist with reducing illegal camping

Already caters to high end of vanpacker market. Potentially wont assist with reducing illegal camping

Might be too far out of town to make impact on trial.

Future development makes this site only a temporary solution

Already high volume site, might be over capacity if more spaces introduced.

Already caters to high end of vanpacker market. Potentially wont assist with reducing illegal camping

Already caters to high end of vanpacker market. Potentially wont assist with reducing illegal camping  

Already caters to high end of vanpacker market. Potentially wont assist with reducing illegal camping

Est. Council Investment for trial

Waste Management $5332 + Signage $230 = $5,562 

If necessary toilet cleaning costs to be added.

Waste Management $5332 + Signage $230 = $5,562 

 

N/A – existing operation

N/A – existing operation

Dedicated trial signage $230

N/A – existing operation

Dedicated trial signage $230

N/A – existing operation

N/A – existing operation

N/A – existing operation

 

 

 

 

 

 

 

 

 

 

 

 

SITES CONSIDERED BUT DEEMED INAPPROPRIATE FOR TRIAL RECCOMENDATION

 

 

Site

Butler Street Reserve (#142250)

Byron Bay Recreation Grounds,

Cr Carlyle, Cowper & Tennyson Sts (#177670)

Land ownership & Consent

Crown Reserve – Council is trust manager. Purpose is public recreation. Zoned 6a.

Community Land. Zoned 6a.).

Reason for removal from trial

·    Contaminated Site

·    Land allocated for use in Masterplan

·    Current POM doesn’t allow camping

·    Current site of weekly markets

 

·    Land allocated for use in Masterplan

·    High residential zone

·    Too visible to residents

·    Site would have to be rezoned and the Plan of Management revised (POM currently doesn’t allow camping

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Costs and infrastructure required at The Cavanbah Centre for a proposed Freedom Camping Trial

 

 

The mechanics

1.   Freedom Campers would be located at the Ewingsdale Road end of the car park (see the diagram above). This will ensure current users are not impacted by the trial and this location supports the existing water and sewerage infrastructure available.

2.   The highlighted area allows for twenty vans per night and a capacity of 60 people (a spacing of 2.5m per vehicle is required for fire safety)

3.   Freedom Campers to access the site from 6pm to 9am, seven days a week. 

4.   Campers can stay for a maximum of four consecutive nights.

5.   Camping will cost $10 per vehicle, per night.

6.   Campers will pay for a ticket using an installed permit machine.

7.   Security will patrol the site twice nightly to ensure campers have purchased tickets and no anti-social or illegal behaviour is taking place at the centre.

 

Infrastructure required

The following infrastructure is required to accommodate Freedom Campers:

1.   Amenities:

a.   An amenities block within 50m of the camping site, containing the following infrastructure:

b.   1 x disabled toilet

c.   2 x unisex toilets

d.   4 x coin operated showers (2 x female, 2 x male)

e.   These facilities would be cleaned and restocked with supplies twice a day.

2.   Waste:

a.   6 x 240L waste bins

b.   6 x 240L recycling bins

c.   The waste would be collected weekly (and reviewed monthly to ensure demand is being met)

 

3.   Signage:

a.   2 signs at The Cavanbah demarcating the Freedom Camping area

b.   Signage at the Freedom Camping ‘hot spots’ in town encouraging campers to relocate to The Cavanbah Centre

c.   Signage at the entrance to The Cavanbah Centre

 

Budget to operate a 12 month Freedom Camping Trial at The Cavanbah Centre

Item

Cost

 

Income

 

 

 

Assumption – an average of 15 vans per night at a cost of $10 per van

 

$54,600

Operational Funds

Funds not identified

 

Total income

 

$54,600

 

 

Expenses

 

 

 

12 month Freedom Camping trial at The Cavanbah site:

 

Waste Management (12 bins)

Security

Signage

Cleaning (amenities block, car park and nature reserves (2-3 hours a day)

Risk Management and Contingency

Section 64 contribution for Water and Sewer costs (fees could be waived for the trial period)

Amenities block

Plumbing water and sewer - amenities block

Development Application

Permit machine

 

Total Cost including Section 64 contributions

Total Cost excluding Section 64 contributions

 

 

 

 

$2,958

$25,480

$1,840

$91,000

 

$5,000

$14,670.11 per site x 20 sites

= $293,400 

$30,000

$30,000

$285

$8,700

 

$491,963

$195,263

 

 

Marketing education campaign

Social Media

Digital campaign

Flyers

Intermediary consultation and partnering with holiday parks, backpacker hostels, Wicked Vans, Jucy Vans and the Byron Visitor Centre

Data collection and monitoring

 

 

$30,000

 

 

Cost of regulatory staff to patrol Byron Bay ‘hot spots’ and move people on to the Cavanbah Centre and issue infringements to non-complying van packers.

 

 

 

$53,414

 

Total Expenses

 

$278,677

Income – Expenses (net cost to Council)

$224,077 Revenue is estimated at $54,600

 

 

 


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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

 

Text Box: We are here

 

 

1.2    Purpose of the Site Suitability Criteria and Mapping Methodology Paper

 

The purpose of this document is to provide a comprehensive framework for determining future rural development potential based on a range of natural resource management, risk avoidance and social/economic servicing criteria.  This in turn will inform the development of a related Policy Directions paper and the Rural Lands Strategy.

 

 

1.3    Study Approach

 

The Department of Planning and Environment are preparing a North Coast Regional Plan to replace the Far North Coast Regional Strategy. In preparing the criteria and mapping methodology, staff liaised with the Department to ensure that the Rural Land Use Strategy mapping methodology direction is consistent with the policy principles of the working draft North Coast Regional Strategy.  The criteria were also informed by other relevant State, regional and/or local planning documents and best practice planning principles.

2. Site Suitability Criteria Methodology and Data

The process for selecting potential land for tourism, conventional rural residential, Multiple Occupancies, Community Title  or other non-agricultural land uses (herein referred to as ‘future rural development’) is outlined below. The aim is to ensure that future rural development occurs within the context of Byron Shire's environmental, economic and social requirements.

 

In identifying potential future rural development land, site suitability criteria were used to map the following categories of land:

 

1.   [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

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

                    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