BYRON SHIRE COUNCIL

Ordinary Meeting

 

Public ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 4 February 2016

 

9.    Notices of Motion

9.1     No Business In Abuse

Attachment 1... No Business In Abuse Pledge ................................................................... 3

10.  Petitions

10.2   Stop the closure of O'Meara's Bridge

Attachment 1... Petition - O'Mearas Bridge Covering Letter .............................................. 6

Attachment 2... Petition - O'Mearas Bridge Signatures ................................................... 14       

 

13.  Staff Reports

Corporate and Community Services

13.3   Review of Outstanding Council Resolutions

Attachment 1... Outstanding Council resolutions as at 31 December 2015..................... 17

Attachment 2... Council resolutions completed between 1 October and 31 December 2015         119

13.4   Appointment of new Councillor representative to Richmond Tweed Regional Library Committee

Attachment 1... Richmond Tweed Regional Library 2015 Highlights............................. 199

Sustainable Environment and Economy

13.7   Planning - Submissions Report on Draft LEP Amendment 26.2015.4.1 - Planning Proposal for tourism related land use table and clause changes

Attachment 1... Final Planning Proposal for tourism related land use table and clause changes,   203

Attachment 2... Comments from NSW Rural Fire Service ........................................... 237

Attachment 3... Comments from NSW Government Office of Environment & Heritage  240

Attachment 4... Comments from Dept of Primary Industries - Agriculture ................... 244

Attachment 6... Form of Special Disclosure of Pecuniary Interest................................. 246

13.8   PLANNING - Expressions of Interest for membership of the Mullumbimby Masterplan Scoping Project Reference Group

Attachment 1... Mullumbimby Masterplan Scoping PRG EOI invitation and information. 248

Attachment 3... Draft Constitution - Mullumbimby Masterplan Scoping Project Reference Group 2016....................................................................................................... 251

13.9   PLANNING - 10.2015.353.1 Mixed use development comprising 28 Residential dwellings, plus commercial and retail units, recreation facilities, associated infrastructure and subdivision at Bayshore Drive Byron Bay

Attachment 1... Proposed Plans 10.2015.353.1.............................................................. 258

Attachment 2... proposed consent conditions 10.2015.353.1......................................... 302

13.10 Coastal Hazard Management Study Byron Bay Embayment - Cost Benefit Analysis

Attachment 1... DRAFT and unconfirmed Cost Benefit Analysis Workshop Meeting Minutes 8 December 2015..................................................................................... 329        

14.  Reports of Committees   

Sustainable Environment and Economy

14.2   Report of the Biodiversity and Sustainability Advisory Committee Meeting held on 12 November 2015

Attachment 1... Minutes 12/11/2015 Biodiversity and Sustainability Advisory Committee 337

14.3   Report of the Heritage Advisory Committee Meeting held on 17 November 2015

Attachment 1... Minutes Heritage Advisory Committee held 17 November 2015.......... 341

Infrastructure Services

14.4   Report of the Transport Advisory Committee Meeting held on 1 December 2015

Attachment 1... Minutes 01/12/2015 Transport Advisory Committee............................. 344

14.5   Report of the Community Infrastructure Advisory Committee Meeting held on 3 December 2015

Attachment 1... Minutes 03/12/2015 Community Infrastructure Advisory Committee... 350       

Notices of Motion                                                                                                     9.1 - Attachment 1

The No Business in Abuse pledge defines a company that is not abusive as one which:

 

1. Has Zero Tolerance for Child Abuse, in policy and practice

 

The overarching finding of the Australian Human Rights Commission Inquiry ‘Forgotten Children’, was that the prolonged, mandatory detention of asylum seeker children causes them significant mental and physical illness and developmental delays, in clear violation of the Convention on the Rights of the Child.^[1] Many medial authorities have termed these practices child abuse.^[2]

In addition, children are at increased risk of physical and sexual abuse in detention. Numerous incidents of abuse of children have been outlined in the Australian Government-commissioned independent review by Phillip Moss, and submitted as evidence to the Senate Select Committee on the conditions of detention on Nauru.^[3] The Royal Commission on Institutional Responses to Child Abuse has said that “institutions operating without accountability, or with accountability only to themselves,” those “operating in physically isolated places,” and having operational or funding systems beyond the range of normal scrutiny were all factors that significantly increased the risk of child abuse.^[4] All Australians detention facilities fit these indicators, in particular those operating offshore and in remote parts of Australia.

On the basis of findings such as these, the consistent recommendation of domestic and international authorities has been to immediately release all children and their families from detention. However, to date, children remain in both offshore and onshore immigration detention.  No business enterprise can support these systems, without also supporting child abuse.

 

2. Respects people’s fundamental rights to freedom from arbitrary and indefinite detention

 

Liberty is a fundamental human right, recognised in major human rights instruments including the International Covenant on Civil and Political Rights, Article 9 of which states “No one shall be subjected to arbitrary arrest or detention.” Arbitrary detention is considered a gross human rights abuse, and, where is occurs as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, can amount to a crime against humanity as outlined in Article 7 of the Rome Statute of the International Criminal Court.

The current system of detaining asylum seekers in offshore and onshore centers clearly amounts to arbitrary detention and deprivation of liberty, a finding confirmed numerous times by domestic and international human rights bodies. It is considered such because the system currently:

▪     Is mandatory and automatic; 


▪     Is prolonged, open-ended and indefinite; 


▪     does not provide a robust and transparent individual assessment mechanism to determine
whether the detention of each person is necessary, reasonable or proportionate; and


▪     does not provide for anyone deprived of their liberty to be able to challenge their detention in a court. To comply with Article 9(4) of the ICCPR, that court must have the power to order the person’s release if their detention is found to be arbitrary and in breach of article 9(1) of the ICCPR.

 

No business enterprise should be complicit in a system of arbitrary detention.

 

3. Does not treat people in a cruel, inhumane or degrading manner

 

All people have a fundamental right to humane treatment in detention (Article 10, International Covenant on Civil and Political Rights) and a right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment (Article 7, International Covenant on Civil and Political Rights and Articles 1 and 16 of the UN Convention Against Torture). The current system of offshore and onshore detention has been found to amount to a breach of the aforementioned articles. In the latest finding, in 2015, the UN Special Rapporteur on Torture stated that “by failing to provide adequate detention conditions; end the practice of detention of children; and put a stop to the escalating violence and tension at the Regional Processing Centre, has violated the right of the asylum seekers, including children, to be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and 16 of the [Convention Against Torture].”^[5]

 

No business enterprise should support the cruel, inhumane and degrading treatment of people within Australia’s offshore and onshore immigration detention system.

 

4. Commits to transparency and independent monitoring to ensure these principles are upheld.

 

Independent monitoring, and the ability of detainees to make complaints to independent monitors, is essential for the prevention of torture and the protection of other human rights in detention. This is recognised in many international and regional human rights instruments and in Australian legislation.^[6] All immigration detention facilities should allow monitoring by independent bodies, including the Commonwealth Ombudsman, the Australian Human Rights Commission, the United Nations High Commissioner for Refugees, Amnesty International and Australian Red Cross. The purpose of this monitoring includes ensuring that immigration detention facilities are administered in accordance with international obligations and with relevant statutory requirements. Detainees must be able to communicate freely and in full confidentiality with monitoring bodies and any other person of their choosing, including legal representatives and members of the media.

 

There has been no public monitoring of Australia’s offshore detention facilities since 2013, and any visits by independent bodies have been in secret, without public release of findings. Authorities such as the UN Special Rapporteur on the Human Rights of Migrants, and non-government organisations such as Amnesty International have consistently expressed concern at the lack of independent monitoring and access to the detention centres.^[7]

 

No business enterprise should enter into a situation in which it is unable to guarantee transparency and independent monitoring, to ensure fundamental human rights are being respected.

 

 

 

Petitions                                                                                                              10.2 - Attachment 1

 

 

 

 

 

 

 

Petitions                                                                                                    10.2 - Attachment 2

                                                                                                                  180 Binna Burra Rd

                                                                                                                  Binna Burra NSW 2479

 

Mayor Simon Richardson

Cr Alan Hunter

Cr Basil Cameron

Cr Diane Woods

Cr Duncan Dey

Cr Sol Ibrahim

Cr Paul Spooner

Cr Rose Wanchap

Byron Shire Council

PO Box 219

Mullumbimby NSW 2482

 

21 October 2015

 

Dear Mayor and Councillors

RE: REPLACEMENT OF O’MEARA’S BRIDGE – SCHOOL CHILDREN IN DANGER 

We are a community of people living in Binna Burra and Federal in the Byron Shire.   We would like to express our thanks for Council Engineer, Shane Pearce, coming out to Binna Burra to answer our questions about the Council’s recent decision to place a 5 tonne restriction on our local timber bridge, O’Meara’s Bridge.

As you may be aware an application has recently been made by the Byron Shire Council under Round 2 of the Australian Government Bridges Renewal Program (the BRP) to replace O’Meara’s Bridge.   We understand that the Council has made applications to replace 3 timber bridges in the Shire – O’Meara’s Bridge, Scarrabelottis’ Bridge and a crossing at Main Arms.   Given the number of applications already made under Round 2, it is unlikely that all 3 applications will be successful and the Council may be asked to recommend which of the 3 bridges in our Shire has the highest priority.  We write to you requesting that you place the highest priority on our bridge for the following reasons.   We also ask that the Council consider funding an alternative transport option for the 19 school children who live along Binna Burra Rd until O’Meara’s Bridge is replaced and that more detection devices be installed on O’Meara’s Bridge to maintain at least its Level 4 condition.    

O’Meara’s Bridge which crosses the Wilson River was originally built in the 1930s. It is a single lane bridge with a deep drop (several metres) to the river below.  The Council has not undertaken major repairs on the bridge since the early 1990s.  It has for many years been assessed as being at Level 4 condition (Level  5 would mean it would be immediately closed) and recently the Council has imposed a 5 tonne vehicle limit on the bridge.  

The imposition of the 5 tonne restriction has meant that the regular school bus, that has for many years transported the children living along Binna Burra Rd to various bus stops and schools in the area, has been stopped and this has meant that the children must now make their way to 2 bus stops (one at the intersection of Binna Burra Rd and Lismore Road and the other at Walton’s Road).   There are currently 19 school children affected by this change ranging in age from 6 – 17 years including one boy with vision impairment.  

Binna Burra Road is an isolated narrow country road with little or no footpaths – it is unsafe for anyone let alone children to walk along.  For most of the children, the distance to the bus stop makes it an excessively long dangerous walk.   Some parents have had to change or reduce their work hours so that they can drive their children to and from these bus stops at 8am and 4pm each school day.  This has in turn increased the traffic on our narrow road making it more dangerous.  It has also meant that there are now even more cars crossing O’Meara’s Bridge each day.   Also, the bus stops are not designed for multiple cars to park or drop children off and it seems only a matter of time before a person will be injured.  However, some parents just can’t drop off or pick up their children and so those children are now walking the dangerous road to and from the bus stops.

The original bus was provided under the NSW School Students Transport Scheme (SST Scheme).  We contacted the Department of Transport a number of times asking for an alternative transport option but were told this would not be arranged but were instead encouraged to claim the Private Vehicle Conveyance Subsidy to offset the cost of families using their private cars to transport their children to and from the bus stops.  For the reasons above, this is not an appropriate option.  Firstly, some parents don’t have the option of transporting their child to and from the bus stops and secondly the PVC is supporting the increase of traffic on the road (which increases its danger and also the demise of the bridge).    A much better alternative would be for 2 smaller buses (under the 5 tonne limit) to be used to transport the children to and from the bus stops.    

The Council has warned that if the bridge is not replaced it will be closed either by the Council because of its condition or because it has collapsed or been swept away by flood waters.  The residents of Binna Burra and Federal (who include families and elderly people) rely on Binna Burra Road to access Bangalow and Lismore for groceries, petrol, medical appointments, employment etc.  Emergency vehicles also access the bridge.  The alternative route is much longer and requires negotiating a dangerous intersection with the Pacific Highway.  The potential for the bridge to close is causing much anxiety.   Binna Burra Rd also provides access to Federal Village and other tourist attractions in the area – the closing of O’Meara’s Bridge will impact on these.   The bridge also supports agriculture and forestry industries in the area. 

The Council is hoping that the traffic restriction will prevent the bridge closing but there are still some large vehicles that are using the bridge (and well as all the extra cars using the bridge because of the school bus change).    Council has installed equipment to record the number of axles but unless it has the number plate of the offending vehicle, excessively heavy vehicles will continue to use the bridge.  The community is trying the assist with reporting these vehicles but a far more effective method would be to install a camera to record the number plates. 

We therefore request that the Council consider the following:

1)    Funding 2 smaller buses to transport the children to the Lismore/Binna Burra Bus Stop in the morning and afternoons until the bridge is replaced;

2)    Give O’Meara’s Bridge the highest priority in terms of replacement; and

3)    Install a camera to record the number plates of all vehicles using the bridge.

Thank you for considering these requests.

If you require any further information, we can be contacted on saveomearasbridge@gmail.com or by calling myself on 0429024689 or Joelle Baker on 0422963109.

Yours faithfully

Jacqui Wilson

On behalf of the Save O’Meara’s Bridge Action Group

 

 

   

Staff Reports - Corporate and Community Services                                                         13.3 - Attachment 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Staff Reports - Corporate and Community Services                                                         13.3 - Attachment 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Staff Reports - Corporate and Community Services                        13.4 - Attachment 1

2015 Highlights

Branch layout improvements and modernisation

·    Ballina Library - major renovations inside and out –painting, furniture, carpet lighting, and addressing safety issues to the entrance and lowering shelf heights, collection changes

·    Brunswick Heads - finalising renovations started end of 2014 painting, shelving, carpet and layout changes.

·    Mullumbimby Library – painting, collection layout changes, workroom space improvements (ongoing), lowering of shelf heights – all achieved with virtually no budget.

·    Alstonville - Outdoor area roof and seating – taking library space outdoors

·    Lismore - carpet and painting ground floor, physical collection changes, signage, lowering shelf heights

·    HQ – roofing and shingles replacement, outside improvements (ongoing), reorganisation of staff areas

·    Most branches working on reducing shelf heights.

·    Tweed – assisting Tweed Shire Council  with major library extension plans

·    Goonellabah – recycled picture book shelving, lowering of shelves, displays, general lighter feel – again achieved with little expense.

Collection work

·   Murwillumbah, Mullumbimby and Brunswick Heads move from traditional Dewey shelving to Genre based now complete. Ballina and Tweed well under way.

·   Acquisitions/Cataloguing team increasing standing orders, streamlining and simplifying processes.

·   State Library review of collection procurement and management results – despite a low expenditure per capita on library materials which is below baseline recommendations RTRL is above exemplary for acquisitions per capita. Items per capita per annum exemplary is 1.8 RTRL is 2.05 indicates how well library collection is used. Circulation per capita Exemplary 8.12, RTRL 8.8 high circulation per capita demonstrates collection is well matched to the community.

·   CollectionHQ (evidence based de-selection) used heavily for collection management in Tweed and Byron Area in the last 12 months and more recently at Lennox.

·   Byron Bay (Pat) – Eric Wright Byron Photos – RTRL Flickr account creation (ongoing)

Services and Programs

·   Mobile Library Goolmangar/Blakebrook School stops included in Nimbin run at no extra cost. Improved parking at Ocean Shores increasing visibility and usage.  Murwillumbah Banana Festival truck parade and park stop over. Dave K now permanent Mobile driver for Nimbin.

· Introduction of Read and Grow program to storytime across the region

· Increased interest and promotion of school visits by C&Y team

·   Successful  partnership opportunities between the Byron Writers Festival and Byron Bay Library during the festival

· Lennox Head School Holiday activity chicken hatching – great community interest

·   Brick by Brick Lego Exhibition – Lismore: highest visitor numbers achieved by any library in Australia. Tweed: popular with all age groups, high visitor numbers

· Murwillumbah – launch of the Seed Library 

·   Judy Nunn author visit – Tweed largest RTRL author event 320 visitors. Lismore 80, both events sold many books.

·   Goonellabah Munged Al Muderis author visit.

·   African new settlers program at Lismore.

·   Indigenous Storytime sessions in Lismore Area

·   Seniors Memories on the Move  and Library on the Go for Childcare Centres– Tweed Area

·   Alstonville Book Week collaboration with Wollongbar Community Preschool

·   Ballina – Leanne’s interview aired on national tv - ABC Compass in relation to Ballina’s Indigenous history

·   Byron – Kate Crisp’s involvement in the Feros Care trial of Wheel-i-am – using portable Ipad on wheels and Skype to communicate with residents - aired on national tv – Sunrise

·   Tweed Partnership with Lioness Club for Home Library Service Deliveries – National Lions Club Award

·   Improved promotions via screens, social media and the website. (ongoing)

·   Supporting just over 100,000 active library members across the region

·   Circulating a total of 1,862,630 items in 2014/15 reporting year

 

Staff/Process Improvements

·    Staff engagement  in the Frontline Leadership Program

·    Staff development workshops at HQ and Murwillumbah

·    All staff Training Day

·    Process Improvements at HQ (ongoing)

·    Area Librarians working with Acquisitions team to streamline selection processes

·    Business Paper improvement utilising InfoCouncil

·    Assistance from many staff with community events both in and out of the library, showcasing RTRL

·    More than 90 Staff Performance Appraisals – completed on time

 

IT

·    Promotions screens in all branches

·    Seamless move to Spydus Managed Services, reliability of Managed Services

·    New pcs with solid state drives

·    Weekly IT updates

 

Thank you and well done.

Jo Carmody

Manager Richmond Tweed Regional Library

 

 

 

Staff Reports - Sustainable Environment and Economy                         13.7 - Attachment 1

 

 

 

 

 

Planning proposal

for tourism related land use table and clause changes

 in Byron Shire

(Byron Shire Council)

Authority ref:  26.2015.4.1

V2 Final Version (#E2016/793)

6 January 2016

 

Staff Reports - Sustainable Environment and Economy                         13.7 - Attachment 1

 

Part 1     Introduction.. 1

Purpose. 1

Property details and existing zones. 2

Background.. 2

Part 2       Explanation of provisions. 3

Part 3       Justification.. 4

Section A - Need for the planning proposal 4

1      Is the planning proposal a result of any strategic study or report?. 4

2      Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?. 4

3      Is there a net community benefit?. 4

Section B - Relationship to strategic planning framework. 4

1      Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy (in this case the Far North Coast Regional Strategy)?. 4

2      Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan?. 5

3      Is the planning proposal consistent with the applicable State Environmental Planning Policies (SEPPs)?. 5

4      Is the planning proposal consistent with applicable Ministerial Directions (s117 Directions)?  6

Section C -  Environmental, social and economic impact 23

1      Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats will be adversely affected as a result of the proposal?. 23

2      Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?. 23

3      How has the planning proposal adequately addressed any social and economic effects?  23

Section D - State and Commonwealth interests. 23

1      Is there adequate public infrastructure for the planning proposal?. 23

2      What are the views of State and Commonwealth public authorities consulted in accordance with the gateway determination?. 23

Part 4       Mapping.. 25

Part 5       Community consultation.. 25

Part 6       Project timeline. 25

Summary and conclusions. 25

 

Appendix 1 – Short Term Rental Accommodation Action Plan

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Staff Reports - Sustainable Environment and Economy                                                   13.7 - Attachment 1

 

Part 1   Introduction

Purpose

The purpose of this planning proposal is to amend the land use tables for the B4 Mixed Use, RU1 Primary Production and RU2 Rural Landscape zones in relation to serviced apartments and tourist and visitor accommodation and make minor clause amendments relating to bed and breakfast accommodation.

At the Byron Shire Council meeting of 30 April 2015 Council considered the need to amend its new LEP to improve the way it deals with certain types of tourism development and resolved as follows:

15-186       Resolved that Council:

 

1.    Adopt the Byron Shire Short Term Holiday Accommodation Action Plan, Attachment 1 (E2015/14847) subject to the following amendments:

 

a)    amend the planning controls to remove all references to ‘40m’ limitation applying to  occupiers of separate dwellings in relation to making complaints about the short term  rental activities taking place on a property (eg. at Action 5c in the Plan);

b)    further amend the planning controls at Action 6c in the Plan to change “$250/adult” to  “$250 per adult”;

c)    amend the planning controls relating to signage to read: ‘An A3 size sign, in accordance with Council’s template, is to be placed where it can clearly be seen from the public domain (eg footpath) advising the public of the land owner's or property manager's details including telephone number in 40mm font to enable complaints to be readily made, and wording to advise that the property is ‘Registered with Byron Shire Council’;

d)    include a new action ‘Develop Signage Template for use by landowners/managers in accordance with the planning controls. Timeframe: prior to LEP amendments being gazetted. Cost: existing budget’;

e)    change the Actions to ensure that for dwellings (of any size)where the dominant use of the dwelling is short term rental accommodation, development consent is required and other references in the documents be adjusted accordingly;

f)     clarify wherever needed, that the standard is the total number of occupants being no more than the equivalent of 2people per bedroom; and

g)    exclude from the calculation of total number of occupants children under 5 years of age.

2.      Prepare a planning proposal to amend Byron LEP 2014 in accordance with the proposed planning controls in Attachment 1 (E2015/14847) amended as in part 1 above and submit  the planning proposal to the Department of Planning and Environment for a Gateway  Determination.

 

3.      Request the Department of Planning and Environment to delegate to Council the preparation and making of the LEP amendment.

4.      Publicly exhibit the proposed amendments to DCP 2014 in Attachment 1 (E2015/14847)

 

The first two recommendations of the Byron Shire Short Term Rental Accommodation Action Plan are being dealt with in a separate planning proposal.  The recommendations of the Byron Shire Short Term Rental Accommodation Action Plan that are being dealt with in this planning proposal are:

·    Insert Serviced Apartments in Zone B4 Mixed Use as permissible with development consent

·    Insert Tourist and Visitor Accommodation in the RU2 and RU1 Zones as permissible with consent, and list Hotel or Motel Accommodation, Backpackers Accommodation and Serviced Apartments as prohibited

·    Amend clause 5.4 (1) Bed and Breakfast Accommodation to increase the number of bedrooms from no more than 3 to no more than 5 bedrooms

·    Insert exempt provisions in Schedule 2 for 1 bedroom bed and breakfast establishments to enable development such as Air B&Bs.

Property details and existing zones

This planning proposal directly affects all land within zones B4 Mixed Use, RU1 Primary Production and RU2 Rural Landscape zones.  It also affects the following zones where Bed and Breakfast Accommodation is a permitted use - RU1 Primary Production, RU2 Rural Landscape, RU5 Village, R2 Low Density Residential, R3 Medium Density Residential, R5 Large Lot Residential, B2 Local Centre, B4 Mixed Use, and SP3 Tourist.

Background

The Byron Shire Short Term Rental Accommodation Action Plan is the culmination of a process to develop structure and planning controls around the long practiced use of holiday letting dwellings in Byron Shire.  The process commenced in 2013 with key stakeholder workshops that continued into 2014.  From these workshops a Discussion Paper was prepared for key stakeholder’s consideration.  Comments on the Discussion Paper then led to the development of a Draft Short Term Holiday Accommodation Strategy that was publicly exhibited from 11 November to 22 December 2014.  Over 150 submissions were received including two from state government agencies (DPE and RFS).  Council considered a report on the submissions at the 30 April 2015 meeting.  The decision to amend LEP 2014 was made at that meeting.

The Byron Shire Short Term Rental Accommodation Action Plan is at Appendix 1.  Other recommendations from this Action Plan will be implemented over time.

 

Part 2   Explanation of provisions

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

·    Insert Serviced Apartments in the Zone B4 Mixed Use land use table as permissible with development consent

·    Insert Tourist and Visitor Accommodation in the RU2 Rural Landscape  and RU1 Primary Production land use tables as permissible with consent, and list Hotel or Motel Accommodation, Backpackers Accommodation and Serviced Apartments as prohibited

·    Amend clause 5.4 (1) Bed and Breakfast Accommodation to increase the number of bedrooms from no more than 3 to no more than 5 bedrooms

·    Insert exempt provisions in Schedule 2 for 1 bedroom bed and breakfast establishments, as detailed below, to enable development such as Air B&Bs.

“Bed and Breakfast Accommodation

1.    No more than one guest bedroom;

2.    A maximum of two guests;

3.    Offer at least breakfast to guests;

4.    Owner or operator to be a permanent resident of the dwelling;

5.    Register the use of the dwelling on Council’s register prior to commencement and maintain registration;

6.    The accommodation to be provided within the dwelling; no guest accommodation to be provided within secondary dwellings, sheds, tents, caravans or other structures or vehicles on the site;

7.    Guest parking to be provided on site (stacked parking within the driveway permitted); and

8.    Prior to commencement, where the dwelling is located on mapped bushfire prone land, a bushfire safety authority under Section 100B of the Rural Fires Act 1997 shall be obtained and all conditions of the Bushfire Safety Authority must be complied with.”

 

 

 

 

Part 3   Justification

Section A          Need for the planning proposal

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

Yes.  In May 2014 Council released a Holiday Letting Strategy Discussion Paper for public comments and consideration.  This was followed by a draft Short Term Holiday Accommodation Strategy and more recently the Short Term Rental Accommodation Action Plan.  The planning proposal is a recommendation of the most recent document and part of a strategic approach to tourism accommodation issues in Byron Shire.  See Attachment 1.

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

A planning proposal is considered to be the only way to amend land use tables for various zones, amend clause 5.4 and amend Schedule 2 to LEP 2014. It is part of a suite of actions that include DCP amendments, information, compliance, registers, and a code of conduct for operators.

3        Is there a net community benefit?

The Net Community Benefit (NCB) Criteria is identified in the NSW Government’s publication Draft Centres Policy, 2009 which states that the Net Community Benefit Test should be used to assess the merits of rezoning in the following circumstances:

·    proposals to develop within an existing centre where the current zoning does not permit the use

·    proposals to develop outside an existing centre where the current zoning does not permit the use

·    proposals to create a new centre.

The main focus of the NCB test is to ensure that centres remain compact and viable and linked to existing and proposed transport networks (particularly public transport).

Assessment against the Net Community Benefit Assessment Criteria is not appropriate for a planning proposal that deals with small scale tourism accommodation issues in a range of zones and circumstances (urban and rural).

 

Section B          Relationship to strategic planning framework

1        Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy (in this case the Far North Coast Regional Strategy)?

The planning proposal is largely consistent with the outcomes and actions contained within the Far North Coast Regional Strategy (FNCRS).  In particular, the actions related to Economic Development and Employment Growth.  The proposal specifically responds to the following tourism related actions:

·    Local environmental plans will ensure that appropriate land is available to provide for a range of tourism experiences and forms of tourism accommodation.

·    Local environmental plans will permit no more than small scale tourism development in rural or environment protection zones.

By listing Hotel or Motel Accommodation, Backpackers Accommodation and Serviced Apartments as prohibited in the RU1 and RU2 zones, the LEP will limit the scale of tourism development in these zones.

 

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

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

 

CM4.1 Promote community compliance with Acts, Regulations, Instruments and Council policies and standards

Tourism accommodation in various forms has occurred throughout Byron Shire urban and rural areas. Sometimes with Council approval and sometimes without. The amendments in this planning proposal will “tidy up” some issues and  will allow consent to be obtained in some situations or minor matters to be dealt with as exempt development. This should reduce the level of noncompliance and reduce Council resources absorbed by this issue.

EC2.1 Build a tourism industry that delivers local and regional benefits in harmony with the community’s values. EC2.2 Develop Byron Shire as a leader in responsible and sustainable tourism and encourage sustainable business practices within the tourism industry. EC2.3 Support and promote a collaborative shire-wide approach to managing tourism.

In the right setting and with good management, bed and breakfast accommodation, serviced apartments and the like can provide rental income for a property owner with minimal impacts on the neighbourhood and infrastructure. Low key forms of accommodation attract people looking for something other than a “resort’ experience. More of the “holiday spend” from visitors is spread across local businesses, including farmer markets and the like. Tourism accommodation and management is being viewed on a shire wide basis and not just confined to Byron Bay.

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

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

Most State Environmental Planning Policies (SEPP) are not applicable to this planning proposal.  The State Environmental Planning Policies relevant to the planning proposal are as follows:

 

 

 

State Environmental Planning Policy (SEPP)	Compliance of Planning Proposal
SEPP 71 – Coastal Protection	Permitting tourist and visitor accommodation (only in part) in RU1 and RU2 zones and serviced apartments in the B4 zone could result in applications in the coastal zone of Byron Shire. The aim of the SEPP and the matters for consideration in clause 8 of the SEPP are matters that Council will consider on a site specific basis in future development applications.  In most cases the development will either be in existing urban areas or relatively small scale. If larger scale development is proposed it will need to be carefully considered. Byron DCP 2014 currently limits rural tourism accommodation to a maximum of 12 bedrooms and 24 guests.  The planning proposal is compliant with the aims of the SEPP.
SEPP 55 – Remediation of land	In this case no land is actually being rezoned. The addition of serviced apartments to the B4 zone will not significantly increase the range of sensitive land uses on that land which is already zoned for urban use.   Permitting tourist and visitor accommodation (only in part) in RU1 and RU2 zones will require an applicant to address past land use and possible contamination in any development application. It is consistent with the SEPP.

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

Consistency with the s117 Directions is assessed in the following table:

Staff Reports - Sustainable Environment and Economy                         13.7 - Attachment 1

 

Consistency with S117(2) Directions

 

S117 Direction	Application	Relevance to this planning proposal	Consistency with direction
1.      Employment and Resources
1.1    Business and Industrial Zones	Applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed business or industrial zone (including the alteration of any existing business or industrial zone boundary).	This planning proposal will not affect the boundaries or extent of business or industrial zones. However it will allow land zoned B4 Mixed Use to be used for serviced apartments.  This will not reduce the area available for employment and will not alter any locations for business or industry.  The B4 zone is confined to two small areas in Byron Bay town centre, an area of vacant land at the northern end of Bayshore Drive in West Byron, a strip of Council owned land in Mullumbimby and a section of Tweed Street (Old Pacific Hwy) in Brunswick Heads.  The B4 zone in Lismore, Ballina and Tweed LGA’s all permit serviced apartments with consent.	Consistent
1.2    Rural Zones	Applies when a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed rural zone (including the alteration of any existing rural zone boundary). Under this direction a planning proposal must: (a)  not rezone land from a rural zone to a residential, business, industrial, village or tourist zone. (b)  not contain provisions that will increase the permissible density of land within a rural zone (other than land within an existing town or village).	This planning proposal will apply to rural zoned land. It will not alter the zone of any rural land. It will not alter the density of land use within any rural zone.	Consistent
1.3    Mining, Petroleum Production and Extractive Industries	Applies when a relevant planning authority prepares a planning proposal that would have the effect of: (a)  prohibiting the mining of coal or other minerals, production of petroleum, or winning or obtaining of extractive materials, or (b)  restricting the potential development of resources of coal, other minerals, petroleum or extractive materials which are of State or regional significance by permitting a land use that is likely to be incompatible with such development.	Nothing in this planning proposal will prohibit or restrict exploration or mining.	N/A
1.4    Oyster Aquaculture	Applies when a relevant planning authority prepares any planning proposal that proposes a change in land use which could result in: (a)  adverse impacts on a Priority Oyster Aquaculture Area or a “current oyster aquaculture lease in the national parks estate”, or (b)  incompatible use of land between oyster aquaculture in a Priority Oyster Aquaculture Area or a “current oyster aquaculture lease in the national parks estate” and other land uses.	Priority Oyster Aquaculture Areas (POAA) exist in the Brunswick River however there is minimal likelihood the planning proposal will have adverse impacts on POAA as the proposed use of the land will be either minor (and therefore exempt development) or subject to an environmental assessment on a case by case basis through the development application process.  Also most land in the vicinity of the POAA is already zoned for environmental protection or within the national parks estate.	Consistent.
1.5    Rural Lands	Applies when: (a)  a relevant planning authority prepares a planning proposal that will affect land within an existing or proposed rural or environment protection zone (including the alteration of any existing rural or environment protection zone boundary), or (b)  a relevant planning authority prepares a planning proposal that changes the existing minimum lot size on land within a rural or environment protection zone. A planning proposal to which clauses (a) and (b) apply must be consistent with the Rural Planning Principles listed in State Environmental Planning Policy (Rural Lands) 2008. A planning proposal to which clause (b) applies must be consistent with the Rural Subdivision Principles listed in State Environmental Planning Policy (Rural Lands) 2008.	This planning proposal will affect land zoned RU1 or RU2.  It will not alter the minimum lot size on any land. Tourist and Visitor Accommodation is permitted with consent in the RU1 and RU2 zones in neighbouring Ballina LEP 2012.  This does not appear to have caused any significant problems. It is consistent with the Rural Planning Principles listed in State Environmental Planning Policy (Rural Lands) 2008 as follows: (a)     the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas – the proposed amendment is not intended to undermine or create conflict with agriculture or other rural land uses.  Any development application for rural tourist and visitor accommodation will need to address this issue. (b)     recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State – the use of land for rural tourist and visitor accommodation is in response to the changing nature of agriculture in Byron Shire including the need for additional income to keep the farm viable. (c)     recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development – Byron Shire has a sustainable agriculture strategy and understands the benefits of maintaining rural land uses.  Rural tourist and visitor accommodation in appropriate locations should not undermine this recognition. (d)     in planning for rural lands, to balance the social, economic and environmental interests of the community – the nature of rural land use is changing and the socio-economic interests of the Byron Shire community will be best served by permitting rural tourist and visitor accommodation with Council consent.  (e)     the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land – Development applications for rural tourist and visitor accommodation will require consideration of the physical environment in which the development will be located. (f)      the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities – rural tourist and visitor accommodation is a tourism experience that (if properly managed) can contribute to the economic welfare of rural communities. (g)     the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing – Council will expect services and infrastructure to be addressed in applications for rural tourist and visitor accommodation. (h)     ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General – the Far North Coast Regional Strategy applies to Byron Shire and this planning proposal is consistent with it, particularly in relation to providing “for a range of tourism experiences and forms of tourist accommodation…”(page 38).  Byron DCP 2014 limits tourism in rural areas to a small scale.	Consistent.
2        Environment and Heritage
2.1    Environment Protection Zones	A planning proposal must include provisions that facilitate the protection and conservation of environmentally sensitive areas. A planning proposal that applies to land within an environment protection zone or land otherwise identified for environment protection purposes in a LEP must not reduce the environmental protection standards that apply to the land (including by modifying development standards that apply to the land).  This requirement does not apply to a change to a development standard for minimum lot size for a dwelling in accordance with clause (5) of Direction 1.5 “Rural Lands”.	The planning proposal does not alter or remove any environment protection zone.  No environmental standards will be reduced by the proposed LEP changes.	Consistent
2.2    Coastal Protection	Direction applies when a relevant planning authority prepares a planning proposal that applies to land in the coastal zone. A planning proposal must include provisions that give effect to and are consistent with: (a)  the NSW Coastal Policy: A Sustainable Future for the New South Wales Coast 1997, (b)  the Coastal Design Guidelines 2003, (c)  the manual relating to the management of the coastline for the purposes of section 733 of the Local Government Act 1993 (the NSW Coastline Management Manual 1990).	Some land affected by this planning proposal is located within the coastal zone, which affects the eastern half of Byron Shire. It is consistent with the NSW Coastal Policy as there is minimal likelihood of physical impact on the environment and where a development is not minor it will require a development application.  If any land in Byron Shire affected by coastal erosion is proposed for rural tourist and visitor accommodation then Council will consider the management of the coastline and response to emergencies as part of any application it receives.	Consistent.
2.3    Heritage Conservation	A planning proposal must contain provisions that facilitate the conservation of: (a) Items, places, buildings, works, relics, moveable objects or precincts of environmental heritage significance to an area, in relation to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item, area, object or place, identified in a study of the environmental heritage of the area, (b) Aboriginal objects or Aboriginal places that are protected under the National Parks and Wildlife Act 1974, and (c) Aboriginal areas, Aboriginal objects, Aboriginal places or landscapes identified by an Aboriginal heritage survey prepared by or on behalf of an Aboriginal Land Council, Aboriginal body or public authority and provided to the relevant planning authority, which identifies the area, object, place or landscape as being of heritage significance to Aboriginal culture and people.	Byron LEP 2014 currently contains provisions that are consistent with this Direction.	N/A
2.4    Recreation Vehicle Areas	A planning proposal must not enable land to be developed for the purpose of a recreation vehicle area (within the meaning of the Recreation Vehicles Act 1983): (a) where the land is within an environment protection zone, (b) where the land comprises a beach or a dune adjacent to or adjoining a beach, (c) where the land is not within an area or zone referred to in paragraphs (4)(a) or (4)(b) unless the relevant planning authority has taken into consideration: (i)   the provisions of the guidelines entitled Guidelines for Selection, Establishment and Maintenance of Recreation Vehicle Areas, Soil Conservation Service of New South Wales, September 1985, and (ii)  the provisions of the guidelines entitled Recreation Vehicles Act, 1983, Guidelines for Selection, Design, and Operation of Recreation Vehicle Areas, State Pollution Control Commission, September 1985.	The proposal does not enable land to be developed for the purpose of a recreation vehicle area.	N/A
3.       Housing, Infrastructure and Urban Development
3.1    Residential Zones	This direction applies when a relevant planning authority prepares a planning proposal that will affect land within: (a)  an existing or proposed residential zone (including the alteration of any existing residential zone boundary), (b)  any other zone in which significant residential development is permitted or proposed to be permitted. A planning proposal must include provisions that encourage the provision of housing that will: (a)  broaden the choice of building types and locations available in the housing market, and (b)  make more efficient use of existing infrastructure and services, and (c)  reduce the consumption of land for housing and associated urban development on the urban fringe, and (d)  be of good design. A planning proposal must, in relation to land to which this direction applies: (a)  contain a requirement that residential development is not permitted until land is adequately serviced (or arrangements satisfactory to the council, or other appropriate authority, have been made to service it), and (b)  not contain provisions which will reduce the permissible residential density of land.	The planning proposal will affect residential zoned land. The purpose of the LEP amendment is to broaden the potential use of some residential buildings in Byron Shire by permitting larger bed and breakfast accommodation (up to 5 bedrooms) in all residential zones with consent and smaller bed and breakfast accommodation (1 bedroom) as exempt development. This may lead to a reduction in the availability of housing for permanent occupation in some locations.  It will not affect the density of residential development. It will give the choice of using a dwelling for permanent or short term rental accommodation if it meets the criteria in the LEP. Existing clause 6.6 of Byron LEP 2014 already requires adequate essential services to be available to the land at the time at which consent is granted.	Consistent
3.2    Caravan Parks and Manufactured Home Estates	Applies when a relevant planning authority prepares a planning proposal. In identifying suitable zones, locations and provisions for caravan parks in a planning proposal, the relevant planning authority must: (a)  retain provisions that permit development for the purposes of a caravan park to be carried out on land, and (b)  retain the zonings of existing caravan parks, or in the case of a new principal LEP, zone the land in accordance with an appropriate zone under the Standard Instrument (Local Environmental Plans) Order 2006 that would facilitate the retention of the existing caravan park. In identifying suitable zones, locations and provisions for manufactured home estates (MHEs) in a planning proposal, the relevant planning authority must: (a)  take into account the categories of land set out in Schedule 2 of SEPP 36 as to where MHEs should not be located, (b)  take into account the principles listed in clause 9 of SEPP 36 (which relevant planning authorities are required to consider when assessing and determining the development and subdivision proposals), and (c)  include provisions that the subdivision of MHEs by long term lease of up to 20 years or under the Community Land Development Act 1989 be permissible with consent.	This proposal does not seek development for the purposes of a caravan park or manufactured homes estate, nor does it impact upon any land that does permit development for the purposes of a caravan park or manufactured homes estate.	N/A
3.3    Home Occupations	Planning proposals must permit home occupations to be carried out in dwelling-houses without the need for development consent.	This proposal does not alter home occupation provisions in Byron LEP 2014.	N/A
3.4    Integrating Land Use and Transport	Applies when a relevant planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes. A planning proposal must locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of: (a)  Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and (b)  The Right Place for Business and Services – Planning Policy (DUAP 2001).	The planning proposal will alter the permitted uses on land zoned for residential, business, village and tourist purposes. However, it will not alter zone boundaries or create a new zoned area. There is unlikely to be any impact on public transport as a result of this planning proposal.	Consistent.
3.5     Development Near Licensed Aerodrome	Applies when a relevant planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to land in the vicinity of a licensed aerodrome. The main requirements of the Direction are that Council considers the Obstacle Limitation Surface (OLS) as defined by that Department of the Commonwealth for residential purposes, and does not increase residential densities in areas where the ANEF, as from time to time advised by that Department of the Commonwealth, exceeds 25.	The planning proposal will alter provisions that may affect rural zoned land located in the vicinity of the Tyagarah aerodrome. Any application in the vicinity of the aerodrome would need to address the issues that relate to this location.	Consistent
4.      Hazard and Risk
4.1    Acid Sulfate Soils	Applies when a relevant planning authority prepares a planning proposal that will apply to land having a probability of containing acid sulfate soils as shown on the Acid Sulfate Soils Planning Maps. A council shall not prepare a draft LEP that proposes an intensification of land uses on land identified as having a probability of containing acid sulfate soils on the Acid Sulfate Soils Planning Maps unless the council has considered an acid sulfate soils study assessing the appropriateness of the change of land use given the presence of acid sulfate soils.	Some land to which this planning proposal will apply may be affected by acid sulfate soils. The planning proposal will not necessarily lead to intensification of land uses proposed on land identified on the Acid Sulfate Soils Planning Maps.  Council will consider acid sulfate soils if it receives an application in this location in accordance with cl. 6.1 of Byron LEP 2014.	Consistent.
4.2    Mine Subsidence and Unstable Land	Applies when a relevant planning authority prepares a planning proposal that permits development on land that: (a)  is within a mine subsidence district, or (b)  has been identified as unstable in a study, strategy or other assessment undertaken: (i)   by or on behalf of the relevant planning authority, or (ii)  by or on behalf of a public authority and provided to the relevant planning authority.	This proposal does not impact on any mine subsidence area.	N/A
4.3    Flood Prone Land	Applies when a relevant planning authority prepares a planning proposal that creates, removes or alters a zone or a provision that affects flood prone land. A planning proposal must include provisions that give effect to and are consistent with the NSW Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas). A planning proposal must not rezone land within the flood planning areas from Special Use, Special Purpose, Recreation, Rural or Environment Protection Zones to a Residential, Business, Industrial, Special Use or Special Purpose Zone. A planning proposal must not contain provisions that apply to the flood planning areas which: (a)  permit development in floodway areas, (b)  permit development that will result in significant flood impacts to other properties, (c)  permit a significant increase in the development of that land, (d)  are likely to result in a substantially increased requirement for government spending on flood mitigation measures, infrastructure or services, or (e)  permit development to be carried out without development consent except for the purposes of agriculture (not including dams, drainage canals, levees, buildings or structures in floodways or high hazard areas), roads or exempt development. A planning proposal must not impose flood related development controls above the residential flood planning level for residential development on land, unless a relevant planning authority provides adequate justification for those controls to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General). For the purposes of a planning proposal, a relevant planning authority must not determine a flood planning level that is inconsistent with the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas) unless a relevant planning authority provides adequate justification for the proposed departure from that Manual to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).	The planning proposal will not rezone any land.  It will affect some land that is known to be flood prone. Byron LEP 2014 already contains a flood planning clause (Cl 6.3) and a floodplain risk management clause (Cl 6.4) that would apply to all forms of tourist and visitor accommodation if it were proposed on land that is flood prone. Within the residential, business and tourist zones, the planning proposal will not permit significant development on flood prone land beyond that already permitted. The proposed application of tourist and visitor accommodation in various zones is consistent with the Floodplain Development Manual 2005, as applications will be assessed on merit. There is unlikely to be a net increase in demand for flood rescue services for sites where it is approved.	Consistent.
4.4    Planning for Bushfire Protection	Applies when a relevant planning authority prepares a planning proposal that will affect, or is in proximity to land mapped as bushfire prone land. In the preparation of a planning proposal the relevant planning authority must consult with the Commissioner of the NSW Rural Fire Service following receipt of a gateway determination under section 56 of the Act, and prior to undertaking community consultation in satisfaction of section 57 of the Act, and take into account any comments so made. A planning proposal must: (a)  have regard to Planning for Bushfire Protection 2006, (b)  introduce controls that avoid placing inappropriate developments in hazardous areas, and (c)  ensure that bushfire hazard reduction is not prohibited within the APZ. A planning proposal must, where development is proposed, comply with the following provisions, as appropriate: (a)  provide an Asset Protection Zone (APZ) incorporating at a minimum: (i)   an Inner Protection Area bounded by a perimeter road or reserve which circumscribes the hazard side of the land intended for development and has a building line consistent with the incorporation of an APZ, within the property, and (ii)  an Outer Protection Area managed for hazard reduction and located on the bushland side of the perimeter road, (b)  for infill development (that is development within an already subdivided area), where an appropriate APZ cannot be achieved, provide for an appropriate performance standard, in consultation with the NSW Rural Fire Service.  If the provisions of the planning proposal permit Special Fire Protection Purposes (as defined under section 100B of the Rural Fires Act 1997), the APZ provisions must be complied with, (c)  contain provisions for two-way access roads which link to perimeter roads and/or to fire trail networks, (d)  contain provisions for adequate water supply for fire fighting purposes, (e)  minimise the perimeter of the area of land interfacing the hazard which may be developed, (f)  introduce controls on the placement of combustible materials in the Inner Protection Area.	Some parts of the land to which this planning proposal applies in Byron Shire may be identified as bushfire prone land.  This will be a consideration in any application for tourist and visitor accommodation. Early consultation with the Commissioner of the NSW Rural Fire Service resulted in changes to the exempt development provisions as they relate to single bedroom bed and breakfast accommodation. The provisions now state that “Prior to commencement a Bushfire Safety Authority under S.100B of the RFS Act 1997 is required on land identified as bush fire prone”. Where a development application is lodged for tourist and visitor accommodation on land identified as bushfire prone land, the RFS consider it will be Integrated Development under Section 91 of the EPA Act, 1979.   Consultation with the Commissioner of the NSW Rural Fire Service following receipt of a gateway determination under section 56 of the Act will take place.  It is assumed that any concerns that RFS may still have can be addressed as the planning proposal proceeds.	Consistent.
5.      Regional Planning
5.1          Implementation of Regional Strategies	Planning proposals must be consistent with a regional strategy released by the Minister for Planning.	The planning proposal is largely consistent with the outcomes and actions contained within the Far North Coast Regional Strategy (FNCRS).  In particular, the actions that relate to Economic Development and Employment Growth.  The proposal specifically responds to the following tourism related actions: Local environmental plans will ensure that appropriate land is available to provide for a range of tourism experiences and forms of tourism accommodation. Local environmental plans will permit no more than small scale tourism development in rural or environment protection zones. Council’s DCP 2014 requires that rural tourism accommodation be limited to 12 bedrooms in total and 24 guests.	Consistent.
5.2    Sydney Drinking Water Catchments	Applies when a relevant planning authority prepares a planning proposal that applies to the hydrological catchment.	The proposal is not within this catchment.	N/A
5.3     Farmland of State and Regional Significance on the NSW Far North Coast	The planning proposal must not rezone land mapped as State or regionally significant farmland under the Northern Rivers Farmland Protection Project for an urban use.	No land is proposed to be rezoned by this planning proposal.	N/A
5.4     Commercial and Retail Development along the Pacific Highway, North Coast	A planning proposal that applies to land located on “within town” segments of the Pacific Highway must provide that: (a)  new commercial or retail development must be concentrated within distinct centres rather than spread along the highway, (b)  development with frontage to the Pacific Highway must consider the impact the development has on the safety and efficiency of the highway. (c)  For the purposes of this paragraph, “within town” means areas which, prior to the draft local environmental plan, have an urban zone (eg “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) and where the Pacific Highway speed limit is less than 80 km/hour. A planning proposal that applies to land located on “out-of-town” segments of the Pacific Highway must provide that: (a)  new commercial or retail development must not be established near the Pacific Highway if this proximity would be inconsistent with the objectives of this Direction, (b)  development with frontage to the Pacific Highway must consider the impact the development has on the safety and efficiency of the highway. (c)  For the purposes of this paragraph, “out-of-town” means areas which, prior to the draft local environmental plan, do not have an urban zone (eg “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) or are in areas where the Pacific Highway speed limit is 80 km/hour or greater.	This planning proposal does not affect commercial or retail uses in proximity to the Pacific Highway.	N/A
6.      Local Plan Making
6.1    Approval and Referral Requirements	A planning proposal must: (a)  minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and (b)  not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the relevant planning authority has obtained the approval of: (i)   the appropriate Minister or public authority, and (ii)  the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General), prior to undertaking community consultation in satisfaction of section 57 of the Act, and (c)  not identify development as designated development unless the relevant planning authority: (i)   can satisfy the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and (ii)  has obtained the approval of the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General) prior to undertaking community consultation in satisfaction of section 57 of the Act.	The planning proposal will not include provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority. It does not identify development as designated development.	N/A
6.2    Reserving Land for Public Purposes	A planning proposal must not create, alter or reduce existing zonings or reservations of land for public purposes without the approval of the relevant public authority and the Director-General of the Department of Planning and Environment (or an officer of the Department nominated by the Director-General).	The planning proposal does not create, alter or reduce land reserved for a public purpose.	N/A
6.3    Site Specific Provisions	Applies when a relevant planning authority prepares a planning proposal that will allow a particular development to be carried out. A planning proposal that will amend another environmental planning instrument in order to allow a particular development proposal to be carried out must either: (a)  allow that land use to be carried out in the zone the land is situated on, or (b)  rezone the site to an existing zone already applying in the environmental planning instrument that allows that land use without imposing any development standards or requirements in addition to those already contained in that zone, or (c)  allow that land use on the relevant land without imposing any development standards or requirements in addition to those already contained in the principal environmental planning instrument being amended. A planning proposal must not contain or refer to drawings that show details of the development proposal.	The planning proposal does not seek to allow a particular development to be carried out. The planning proposal does not contain schematic drawings.	N/A

Staff Reports - Sustainable Environment and Economy                         13.7 - Attachment 1

 

Section C          Environmental, social and economic impact

1        Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats will be adversely affected as a result of the proposal?

No.  Although Byron Shire is a biodiversity hot spot with large numbers of threatened species and endangered ecological communities, this planning proposal should not directly affect these if future applications are assessed properly. In many cases (eg serviced apartments and bed and breakfast accommodation) in existing urban areas there will be little likelihood of adverse effects. Where a development application is required then Council can (if appropriate) require a thorough ecological assessment to accompany any application consistent with its “Guidelines for Ecological Assessment in Byron Shire”.

2        Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

Environmental impacts will be minimal for development in existing urban zones. Environmental effects in rural zones (such as managing on-site effluent disposal) will be addressed at the development assessment stage.

3        How has the planning proposal adequately addressed any social and economic effects?

The planning proposal may result in an impact on neighbourhood character over time.  This will depend on the extent of take up of development such as serviced apartments or bed and breakfast accommodation. It will also depend on the style and location of new buildings.  Council will need to consider this in any DA. The planning proposal will increase the options for tourist and visitor accommodation in some zones. In rural areas roads and neighbouring land uses will be key considerations. However, the planning proposal does have the potential to provide increased financial support for residents of Byron Shire particularly at peak tourism times. 

Section D          State and Commonwealth interests

1        Is there adequate public infrastructure for the planning proposal?

In existing urban areas it is likely there will be adequate water and sewerage services as well as roads, power and communications. In rural areas the ability to provide infrastructure will be a key consideration in any development application. Section 94 contributions may be applicable to development applications for tourist and visitor accommodation but this will need to be considered against the contributions previously paid for any site and will be a future decision for Council. 

2        What are the views of State and Commonwealth public authorities consulted in accordance with the gateway determination?

Commonwealth public authorities have not been formally involved in this particular planning proposal as it is yet to receive Gateway Approval.  At this early stage it appears unlikely that there will be any issues of interest to Commonwealth authorities.

A Discussion Paper was circulated locally and then a Draft Short Term Holiday Accommodation Strategy was circulated more widely in late 2014. The Rural Fire Service made a submission as did the Department of Planning and Environment. The proposed exempt provisions have been amended to align with the RFS views on bushfire prone land. The Department’s views have been considered and also influence the proposed LEP clauses.

 

The following table provides a summary of the relevant public authorities, which in the opinion of Council, should be consulted in accordance with the Gateway Determination:

 

Public authority/stakeholder	Issue requiring comment
NSW Rural Fire Service	Section 117 of the Environmental Planning and Assessment Act 1979, Ministerial Direction 4.4 to consult with the Commissioner of the NSW Rural Fire Service.

 

 

Part 4   Mapping

The planning proposal does not involve any map amendments.

Part 5   Community consultation

Council will commence community consultation in accordance with the Gateway Determination.  For the purposes of public notification, the planning proposal is not considered to be low impact as outlined in the Department of Planning and Infrastructure’s, A guide to preparing local environmental plans, and a 28 day public exhibition period is recommended.

Notification of the exhibited planning proposal will include:

·    a newspaper advertisement that circulates in the Byron LGA, which is the area affected by the planning proposal

·    the website of Byron Shire Council and the Department of Planning and Environment.

Part 6   Project timeline

The proposed timeline for the completion of the planning proposal is as follows:

Estimated completion	Plan making step
August 2015	Gateway determination issued by Department of Planning and Environment.
August / September 2015	Public exhibition of planning proposal. Government agency consultation.
September / October 2015	Analysis of public submissions. Preparation of Council report.
November 2015	Public submissions report to Council.
December 2015	Endorsed planning proposal submitted to Department of Planning and Environment for finalisation or dealt with by Council under delegation.

 

Summary and conclusions

Byron Shire Council has initiated a planning proposal to modify its 2014 LEP to amend the land use tables for the B4 Mixed Use, RU1 Primary Production and RU2 Rural Landscape zones in relation to serviced apartments and tourist and visitor accommodation and make minor clause amendments relating to bed and breakfast accommodation.  The amendments to bed and breakfast accommodation will also affect land in the RU1 Primary Production, RU2 Rural Landscape, RU5 Village, R2 Low Density Residential, R3 Medium Density Residential, R5 Large Lot Residential, B2 Local Centre, B4 Mixed Use, and SP3 Tourist zones.

The preferred method to achieve this will be to amend the land use tables, amend
Cl 5.4 (1) and amend the exempt provisions in Schedule 2. 

The planning proposal is consistent with the Far North Coast Regional Strategy and SEPPs.  It is also consistent with the relevant section 117 Directions.

It is not considered that this planning proposal raises any issues that require further studies or detailed assessment.

 

Staff Reports - Sustainable Environment and Economy                         13.7 - Attachment 1

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix 1

Short Term Rental Accommodation Action Plan

(BSC #E2015/28038)

Staff Reports - Sustainable Environment and Economy                         13.7 - Attachment 2

 

 

Staff Reports - Sustainable Environment and Economy                         13.7 - Attachment 3

 

 

 

Staff Reports - Sustainable Environment and Economy                         13.7 - Attachment 4

 

Staff Reports - Sustainable Environment and Economy                         13.7 - Attachment 6

Local Government (General) Regulation 2005

Schedule 3A     Form of special disclosure of pecuniary interest

(Clause 195A)

Local Government Act 1993

Form of Special Disclosure of Pecuniary Interest

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

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

Important information

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

 

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

Special disclosure of pecuniary interests

by ____________________________________________________________________________________

          [full name of councillor]

in the matter of __________________________________________________________________________

                   [insert name of environmental planning instrument]

which is to be considered at a meeting of the

 

______________________________________________________________________________________

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

to be held on the  _________________ day of __________________________ 201 

 

 

Pecuniary interest
Address of land in which councillor or an  associated person, company or body has a proprietary interest (the identified land)
Relationship of identified land to councillor [Tick or cross one box.]	Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise). Associated person of councillor has interest in the land. Associated company or body of councillor has interest in the land.
Matter giving rise to pecuniary interest
Nature of land that is subject to a change in zone/planning control by proposed LEP (the subject land) [Tick or cross one box]	The identified land. Land that adjoins or is adjacent to or is in proximity to the identified land.
Current zone/planning control [Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]
Proposed change of zone/planning control [Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]
Effect of proposed change of zone/planning control on councillor [Insert one of the following: “Appreciable financial gain” or “Appreciable financial loss”]

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

_____________________________

Councillor’s signature

_____________________________

Date

 

 

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

Staff Reports - Sustainable Environment and Economy  13.8 - Attachment 1

Mullumbimby Masterplan

 

Seeking Expressions of Interest for Project Reference Group

Council is seeking five (5) community representatives to work alongside three (3) Councillors and Council staff in a Project Reference Group (PRG) to develop a project brief, delivery plan and process for the preparation of a masterplan for Mullumbimby.

Why is Council preparing a masterplan for Mullumbimby?

In May 2014, Creative Mullumbimby (a community group of artists and residents with an interest in placemaking) organised the Mullumbimby Big Picture Show, which was a forum to gather the thoughts of locals on the future creative, social and economic directions for Mullumbimby.
On the back of this event Council resolved to allocate funds for staff to develop a masterplan for Mullumbimby. More recently, in October 2015, Council resolved to form a PRG to develop a project plan for the masterplan.

What is the role of the Project Reference Group?

The key purpose of the PRG includes:

·      To work closely with Council staff to develop a project plan for the Mullumbimby masterplan. This includes developing a project brief, delivery plan and a process for the
development of the masterplan. At this stage it is not the role of the PRG
to actually prepare the masterplan.

·      To identify who should be involved in the different stages of preparing the Mulumbimby masterplan.

How will the Project Reference Group Operate?

The first meeting of the PRG will commence on a Thursday 31 March 2016 during normal
business hours at the Council administration building in Mullumbimby (exact details to be advised to successful applicants after the 4 February 2016 Council meeting). The PRG will cease to operate within 6 months of its first meeting, subject to Council consideration of a final report on the project plan for the Mullumbimby Masterplan.

From the outset, the first meeting of the PRG will confirm the Constitution of the group
and provide a clear understanding of what PRGs role is and what its role
isn’t. Also to be established is the frequency of PRG meetings, although it is anticipated a monthly meeting will be required.

Who will be on the PRG?

The PRG will include 8 people consisting of 3 Councillors and 5 Community members as
well as relevant Council staff assisting with the process.

The community members of the group will be appointed through this Expression of
Interest process. Representatives (specific to Mullumbimby) from the following
categories are invited to lodge an EOI:

·      Residential community group

·      Indigenous community

·      Community services

·      Town Centre business

·      Town Centre commercial property owner

·      Tourism Industry

·      Creative industry

·      Design and planning industry

·      Sustainability, history and culture

·      Youth and education

What is the application process and how do I apply?

To be eligible for a position on the PRG you must complete an online expression of interest application form that can be accessed below.

Expressions of Interest close: Wednesday 6 January 2016

Enquiries: Tara McGready (02) 6626 7070 (Mon, Thurs, Fri)

What is the Selection Criteria for a position on the PRG?

Applicants are to submit a short response to the following criteria:

·      What should a masterplan for Mullumbimby town centre do?

·      What can you bring to the Mullumbimby masterplan process?

Applicants must demonstrate the following:

·      good communication and interpersonal skills and be able to work in a group environment of shared decision making

·      be action and outcome focused

·      network of stakeholders/connection to groups within the community

·      capacity to access web based communications

·      connection to the Mullumbimby Town Centre and the selected category/ies at the start of the EOI form.

All applications will be assessed based on the selection criteria above, with successful members being contacted by COB Friday 12^th February 2016.

 

Staff Reports - Sustainable Environment and Economy                         13.8 - Attachment 3

 

 

 

 

 

 

Staff Reports - Sustainable Environment and Economy                                                   13.9 - Attachment 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Staff Reports - Sustainable Environment and Economy    13.9-Attachment 2

10.2015.353.1

CONDITIONS OF CONSENT

 

Parameters of Consent

1)      Development is to be in accordance with approved documents

The development is to be in accordance with the documents detailed in the table below, as modified by red ink and any conditions of this consent:

Ref No.	Description	Prepared by	Date
CD 010	Masterplan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 011	Subdivision Community Scheme	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 012	Subdivision Neighbourhood Scheme	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 013	Subdivision Strata Plan – Level 00	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 014	Subdivision Strata Plan Level 01	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 100	Site Plan Carparking	Dominic Finlay Jones Architects	12/11/2015 Rev B
SK13	Sketch plan showing general carpark space locations & dimensions	Ardill Payne & Partners	16/11/2015
C11	Combined Services	Ardill Payne & Partners	14/12/12 Rev E
C45	Stormwater Layout Plan	Ardill Payne & Partners	14/12/12 Rev F
C53-01	Sewer Plan	Ardill Payne & Partners	14/12/12 Rev E
C63	Potable Water Plan	Ardill Payne & Partners	14/12/12 Rev F
C64	Non- Potable Water Plan	Ardill Payne & Partners	14/12/12 Rev E
CD 025	Level 00 GFA Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 026	Level 00 GFA Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 100	Site Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 101	Site Roof Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 200	Level 00 B1 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 201	Level 01 B1 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 202	Level 00 C1 - C2 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 203	Level 01 C1 – C2 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 204	Level 00 C3 – C4 – C5 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 205	Level 01 C3 - C4 – C5 Plan	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 300	Elevations 01	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 301	Elevations 02	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 302	Elevations 03	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 303	Elevations 03	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 304	Elevations 04	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 400	Recreation R1	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 401	Terrace Type A1 – A3	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 402	Terrace Type A1-A3	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 403	Terrace Type A1 – A3	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 404	Terrace Type A4 – A2 – A5	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 405	Terrace Type A4 – A2 – A5	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 406	Terrace Type A4 – A2 – A5	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 407	Live Work Type LW1 – LW3	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 408	Live Work Type LW1 – LW3	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 409	Dwelling Type D4	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 410	Dwelling Type D5A	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 411	Dwelling Type D7A	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 412	Dwelling Type D8	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 413	Dwelling Type D8A	Dominic Finlay Jones Architects	05/06/2015 Rev A
CD 414	Dwelling Type D9	Dominic Finlay Jones Architects	05/06/2015 Rev A
Report No. 291884	Waste Management Strategy Bayshore Village, Byron Bay	GeoLINK	14 April 2011
	Community Management Statement. Bayshore Village. Lot 3 DP 1004514, Bayshore Drive, Byron Bay	Hickey Lawyers
	Neighbourhood Management Statement	Bayshore Property Trust

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

 

 

 

2)      Staging of consent

This Development Consent is issued to enable the lodgement of Construction Certificates individually for the different built form elements comprising the development, in any sequence.    

 

·    A - Residential

·    B - Commercial Retail

·    C – Commercial Retail

·    D – Residential

·    LW – Live Work

·    R – Recreation

 

Subsequently the development can be carried out in any order or concurrently, provided that they are not commenced before the completion of the Civil works as approved under 10.2011.162.   However, the Recreation Stage must be completed prior the occupation certificate of any stage that incorporates a dwelling, including any Residential Stage (Live/Work Stage).

 

3)      Site Preparation Stage and Community Title Subdivision:

All site preparation works building on the bulk earthworks that are approved under Development Consent No. 10.2008.360 and PART A of 10.2011.162 as amended, including construction of drainage systems, all internal and external roads / laneways / footpaths, all roadside car parking spaces, the provision of water, sewer, electricity and communications supply throughout (by way of laying internal services and providing connection points for each building) are to be completed to allow construction of all the development subject of this consent.

4)      Road / Street / Lane names

No approval is provided for the names provided within the architectural drawings of the roads / streets / lanes within the development. The use of the various names within this development consent is for reference purposes only. Final names are subject to separate agreement.

5)      Modification of development consent No. 10.2011.162

In accordance with Section 80A(1)(b) of the Environmental Planning and Assessment Act 1979, this condition requires the modification of Development Consent No. 10.2011.162 as follows:

DELETE: - Part B of the consent.

 

6)      Bush Fire Safety Authority

The development must be carried out in accordance with the following Bush Fire Safety Authority issued by the NSW Rural Fire Service under the Rural Fires Act 1997, dated 16 June 2011, or as amended in writing by the NSW Rural Fire Service.

1.  The development proposal is to comply with the following:

 

● Drawing titled 'Masterplan' prepared by Dominic Finlay Jones Architect Pty Ltd, numbered 0291AR01A and dated 27th April, 2015 as submitted in Figure 2 of the 'Bush Fire Threat Assessment Report' prepared by Bushfire Certifiers and dated 21st May, 2015.

● Drawing titled '00 Habitat Masterplan' prepared by Dominic Finlay Jones Architect Pty Ltd, numbered CD010, Issue A, dated 5th June, 2015 as submitted in Figure 5 of the 'Bush Fire Threat Assessment Report' prepared by Bushfire Certifiers and dated 21st May, 2015.

● Drawing titled 'Building Numbers' as submitted in Figure 6 of the 'Bush Fire Threat Assessment Report' prepared by Bushfire Certifiers and dated 21^st May, 2015.

 

Asset Protection Zones

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

shall apply:

 

2. At the issue of Stage 1 subdivision certificate and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for Asset Protection Zones'.

 

Water and Utilities

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

 

3. Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

 

Access

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

 

·   One way roads shall be a minimum carriageway width of 4 metres. Hydrants shall not be located within the carriageway or parking bays.

·   Two way roads shall have a minimum carriageway width of 6 metres. Hydrants shall not be located within the carriageway or parking bays.

·   Vehicular entry/exits have a minimum carriageway width of 6.5 metres.

 

Design and Construction

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

 

4. Construction on Lots 33, 34, 23, 24 and 64-68 shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

 

5. Construction on Lots 47-58 shall comply with Sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'. Construction on the north eastern elevation shall comply with Sections 3 and 6 (BAL 19) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

 

6. Construction on Lots 13, 14 and 59-63 shall comply with Sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'. Construction on the south western elevation shall comply with Sections 3 and 6 (BAL 19) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

 

Landscaping

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

 

PART A - THE FOLLOWING CONDITIONS ARE APPLICABLE TO EACH AND EVERY COMMERCIAL, LIVE/WORK AND RESIDENTIAL STAGE:

 

Parameters of Consent

7)      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.

 

8)      Erection of signs

(1)          For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

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

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

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

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

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

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

(5)          This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.

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

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

 

9)      Application of conditions within this Part of the consent

The conditions outlined within this Part of the consent apply to each and every Commercial, Live/Work and Residential Stage. As such, each independent Stage must satisfy all conditions outlined within this Part of the consent with timing determined by the headings shown in bold and shaded, unless stated otherwise within the condition.

10)    Notification of Home Building Act 1989 requirements

(1)          For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989 .

(2)          Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a)  in the case of work for which a principal contractor is required to be appointed:

(i)    the name and licence number of the principal contractor, and

(ii)   the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder:

(i)    the name of the owner-builder, and

(ii)   if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

(3)          If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

(4)  This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.

11)    Signage

This development consent does not include any approval for signage within the site. Council’s Planning Instruments require separate development consent for most forms of advertising signs and structures.

12)    Easements and services

In accordance with the amended details shown within Illustration 1.0, prepared by GeoLINK, dated September 2008, no buildings or swimming pools associated with the development may encroach into the required easements shown on that plan.

The following conditions are to be complied with prior to the issue of a Construction Certificate for building works for each stage, where relevant to that stage

 

13)    Provision of public art

In accordance with Chapter D8 of Development Control Plan 2014, public art is to be provided within the development with a minimum value of $25,000. Details are to be submitted for approval as part of the Construction Certificate of the ‘sculpture’ to be nominated within the Commercial Precinct on an amended site plan of the commercial precinct. Such details must achieve the following:

(a)     Relevance and appropriateness of the work in relation to its site;

(b)     Relevance and appropriateness of the work to Byron Shire, including the Shire’s Aboriginal heritage, its particular natural environment and its diverse culture;

(c)     Consistency with the Byron Shire Cultural Plan and Public Art Policy;

(d)     Consideration of public safety, including public use of and access to the Public Art and associated space;

(e)     Consideration of maintenance and durability, including potential for vandalism;

(f)      Evidence of funding sources and satisfactory budget, including provision for ongoing maintenance; and

(g)     Evidence of Public Liability Insurance to cover construction and installation of the work.

 

14)    Classification and Suitability of Fill

The fill material must be classified as suitable for the site.  Such classification must conclude to the satisfaction of Council’s Environmental Health Officers that the fill material is not contaminated and/or contain acid sulfate material.  Classification must be in accordance with the NSW DECC ‘Waste Classification Guidelines (2008)' and ‘Acid Sulfate Soil Guidelines (ASSMAC, 1998)’. 

 

15)    Treatment of Fill

Where treatment of the fill material is required to ensure it is suitable for the site as specified in the preceding condition, such treatment must not occur on the subject site. Documented evidence of any remediation for contamination and/or treatment for acid sulfate material must be provided to Council’s Environmental Health Officers. Once treated, the fill material must not exceed a pH of 4.5.

16)    Geotechnical Report required – Building Works

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

17)    Plans of retaining walls and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage.

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

 

18)    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”.

 

19)    Stormwater Management

The application for a Construction Certificate is to include plans and specifications that indicate stormwater management in accordance with the approved Stormwater Services Plan, AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage and Council’s Comprehensive Guidelines for Stormwater Management. The plans and specifications must include a full report and all modelling results prepared by a qualified practising Civil Engineer with documented experience in stormwater modelling.

 

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

 

 

 

20)    Parking layout, vehicle circulation and access.

The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details within the site in accordance with the following:

a)      A minimum of 200 car spaces (including disabled spaces), comprising:

i)       22 car spaces for the dwellings in Lot 2 ;

ii)       125 car spaces for the commercial buildings in Lot 2

iii)      20 car spaces for the dwellings Lot 3; and

iv)     33 car spaces for the live/work buildings in Lot 4.

The design and layout of the parking facilities must comply with Australian Standard AS/NZS 2890.1:2004 - Parking facilities - Off-street car parking and AS/NZS 2890.6:2009 - Parking facilities - Off-street parking for people with disabilities. Circulation roadways and parking aisles must be clearly marked to regulate vehicle movements.

b)      A minimum of 32 bicycle spaces for the commercial buildings in Lot 2, comprising 20 class 2 bicycle facilities (secure compound) for employees and 12 class 3 bicycle facilities (support rails) for public use. The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities.

c)      A minimum of 6 service bays within the stage 1 area, comprising:

i)       4 service bays for medium rigid vehicles; and

ii)       2 service bays for small rigid vehicles.

The design and layout of the service vehicle areas must comply with Australian Standard AS 2890.2-2002 - Parking facilities - Off-street commercial vehicle facilities.

d)      Plans are to include, but not be limited to, the following items:

i)       pavement description;

ii)       site conditions affecting the access;

iii)      design levels & grades;

iv)     dimensions (driveways, aisles, parking spaces, service bays, etc.);

v)      turning paths; and

vi)     line marking 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”.

 

 

21)    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.

 

22)    Trade Waste - Section 68 approval required

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

 

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

 

23)    Certificate of Compliance – Water Management Act 2000

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

 

Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.

 

Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.

Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081.  Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Payment by Personal or Company Cheque will not be Accepted

 

24)    Commercial Swimming Pool Design

The swimming pool, including a spa, is subject to Public Health Act 2010 & Regulation 2012 requirements.

 

Water and sewerage load demands from the pool will be generated by top-up water requirements due to splash-out, evaporation, backwash water demand and backwash water discharged to sewer. 

 

A letter of receipt will be issued on completion of:

·    Provision of detailed design plans, including pump size/capacity, filter type/size/capacity, pipework diameters for the swimming pool and associated water management processes;

 

The swimming pool is also subject to Trade Waste requirements

 

25)    Private Pump Stations

The owner is solely responsible for the operation, maintenance and repair of private sewer pump station.  Conditions of approval also include the following:

·    Power Operation - Owners/occupiers are not permitted to interfere with the electrical operation of the pump station.  Council requires the pump station to be wired into the common switchboard in such a manner so as not to interfere with the normal electrical operation of the property, nor be accessible by the residents.

·    Maintenance - The owner is to enter into a contract for the maintenance of the private sewer pump station with a suitably qualified person in accordance with the manufacture’s specification.  Pump wells must be checked by the service provider as part of the 6 monthly maintenance inspections. This bi-annual maintenance shall include servicing of pumps and electrical components, and a check that the level switches are correctly set and operating.

The owner is also required to keep records of maintenance and repair of private sewer pump station.  These records need to be supplied to Council on an annual basis.

Approval of your private pump station will be included in a register to provide accountability for the operation and maintenance of the pump station and to assist in any compliance action that may be required in the circumstance that unsatisfactory operation and maintenance regimes arise.

26)    Developer Contributions to be paid

Contributions set out in the attached Schedule for the relevant stage are to be paid to Council. Contributions are levied in accordance with the Byron Shire Council Section 94 Development Contribution Plan 2005 dated June 2005 and Byron Shire Council Section 94 Development Contribution Plan 2005 Amendment No. 1 dated 20 July 2005 for Community Facilities, Open Space, Roads, Car Parking, Cycleways, Civic & Urban Improvements, Shire Support Facilities and Administration. The Plan may be viewed during office hours at the Council Offices located at Station Street, Mullumbimby.

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.

27)    Access and facilities for disabled

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

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

28)    Equity of Access and Mobility

In accordance with Development Control Plan 2010, one adaptable dwelling designed in accordance with AS4299 must be provided for every ten dwellings or part thereof. As such, at least 3 adaptable dwellings designed in accordance with AS4299 must be located throughout the development. Details of the individual dwellings nominated to meet this requirement must be included within the plans that are submitted and approved with the Construction Certificate. Construction Certificate plans must also include design details demonstrating compliance with AS4299 and the following:

(a)       Access is to be provided in accordance with the Building Code of Australia and AS1428.2. A “continuous accessible path of travel” must be provided.

(b)       Appropriate access for all persons through the principal entrance of a building must be provided.

(c)       For every adaptable dwelling at least one of the parking spaces required must be designed in accordance with AS2890 Part 1.

(d)       One visitor parking space designed in accordance with AS2890 Part 1 must be provided for every 100 parking spaces or part thereof, throughout the development.

29)    Building materials and colours to be specified

The application for a Construction Certificate is to include plans and specifications that indicate the proposed building materials and colours consistent with the provisions of Council’s Development Control Plan 2014 Chapter E5.5.4.3. No roof must have a highly reflective surface. Any metal roof must have a colorbond or equivalent finish in a colour approved by Council. White or light coloured roofing will not be approved where likely to be intrusive.

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

30)    Bird strike strategies

Provide and implement strategies to decrease the likelihood of bird strike against windows of buildings including monitoring of effectiveness. A proposed strategy must be submitted to Councils Ecologist for approval.

31)    Detailed landscaping plan required

Prior to the issue of a Construction Certificate for each Stage, a detailed landscaping plan must be submitted and approved by Council’s Ecologist. The detailed plan must include all landscaping within all the mixed use areas of the site. The landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of ChapterB9 of Development Control Plan 2014. The plan must not include species that represent translocation of native plants outside their geographic range, potential or known environmental weeds or species with potential for genetic pollution. The landscaping plan must indicate:

a)      proposed location for planted shrubs and trees

b)      botanical name of shrubs and trees to be planted

c)      mature height of trees to be planted

d)      location of grassed and paved areas, and

e)      location of trees identified for retention in the development application plans.

The plan is to be prepared by a suitably qualified landscape architect / architect / ecologist who has appropriate experience and competence in landscaping. The NSW Rural Fire Service requires that landscaping of the site is to comply with the principles of appendix 5 of Planning for Bush Fire Protection 2006.

Following approval by Council’s Ecologist, such plans and specifications must be approved as part of the Construction Certificate.

32)    Long Service Levy to be paid

A Long Service Levy must be paid to the Long Service Payments Corporation. These payments may be made at Council’s Administration Office, Station Street, Mullumbimby. Cheques are to be made payable to ‘Byron Shire Council’.

This is a State Government Levy and is subject to change.

33)    Garbage storage areas to be provided

The application for a Construction Certificate is to include plans and specifications that indicate all garbage store areas as identified and approved within the Waste Management Strategy for the residential, commercial, retail and industrial uses within the site.

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

34)    Compliance with BASIX Certificate

The Principal Certifying Authority (PCA) is to ensure that the proposed development is constructed in accordance with the requirements of the BASIX Certificates that were submitted to Council in support of the Development Application.

The Plans submitted for approval with the Construction Certificate must include all of the BASIX Certificate commitments.

Where changes to the development are proposed that may affect the water, thermal comfort or energy commitments, a new BASIX Certificate may be required.

35)    Requirements of Bush Fire Safety Authority from NSW Rural Fire Service

The requirements of the Bush Fire Safety Authority issued by the NSW Rural Fire Service are to be incorporated into the plans that are submitted with and approved as part of the Construction Certificate.

36)    Details pool fence required

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

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

The following conditions are to be complied with prior to any building or construction works commencing

37)    Erosion & sediment measures

Erosion and sedimentation controls are to be in place in accordance with the approved sediment and erosion control plan for the site.

38)    Plumbing Standards and requirements.

All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.  The changes made are from Plumbers and Drainage Regulation 2012 NSW Government.

a)   The licensee is to provide 24 hours notice and attend the site for the following INSPECTIONS, prior to covering of work. Inspections will be carried out a mutually convenient time:

i)    Pre-start and Sediment Control;

ii)   Internal Drainage;

iii)   External Drainage;

iv)  Water Rough In;

v)   Fire Services;

vi)  Stackwork;

vii) Final  - all work completed. - * Note below.

b)   A licensee is required to provide to Council and owner of the property after completion of the work and within 48 hours, a Compliance Certificate and Sewer Services Diagram/ Works as Executed drawings. 

Note: Council will send each plumber proformas of these documents when the Notice of Work permit has been issued by Council to allow the plumber to commence work.

 

 

 

 

39)    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.

 

40)    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 not held responsible for any negligence caused by the undertaking of the works.

The following conditions are to be complied with during construction

41)    Construction times

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

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

b)    Saturday, from 8 am to 1 pm.

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

42)    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).

43)    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.

44)    Maintenance of sediment and erosion control measures

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

45)    No dewatering

No dewatering without prior written permission from Council.

46)    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.

47)    Stormwater drainage work

Stormwater shall be collected and disposed of in a controlled manner in accordance with the approved plans. Drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works are to be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

48)    Requirements of NSW Rural Fire Service

The requirements of the Bush Fire Safety Authority issued by the NSW Rural Fire Service are to be applied as relevant.

 

The following conditions are to be complied with prior to occupation

 

49)    Works to be completed

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 an Occupation Certificate.

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

 

50)    Compliance with bushfire conditions under Section 100B of Rural Fires Act 1997

Documentary evidence from a suitably qualified professional is to be submitted to the PCA demonstrating that the bushfire conditions as issued under Section 100B of the Rural fire Act 1997 have been complied with.

 

 

51)    Waste management

Measures must be in place to comply with the requirements of the report titled ‘Waste Management Strategy Bayshore Village, Byron Bay. Geolink. Report No. 291884. 14 April 2011’.

 

52)    Access and parking

The access and car parking areas are to be constructed in accordance with the approved plans for the relevant stage, prior to issue of an occupation certificate.

 

53)    Security Lighting

Lighting for security and crime prevention purposes must be provided to each of the car parking areas, pedestrian paths and entries to commercial buildings. Lighting must be positioned so that it does not spill onto the adjoining properties in such a way that it adversely impacts the amenity of the occupants of those properties.

 

54)    Stormwater drainage – Certification of works

a)      Stormwater must be collected and disposed of in a controlled manner in accordance with the approved construction plans for the relevant stage.

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

c)      The certificates are to be from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans, Council’s current ‘Design & Construction Manuals, Section 68 Approvals and Part N of DCP 2010 (Certificate of Compliance form).

 

55)    Completion of landscaping works

All landscaping works as approved within the Construction Certificate are to be completed.

56)    Food standards

Food premises shall be constructed to comply with the New South Wales Food Act 2003 and Food Regulation 2004. Requirements of Food Standard Code 3.2.3 and Australian Standard AS 4674 – 2004 Design, construction and fit-out of food premises to be satisfied to achieve the minimum construction standards for the food business. The operator shall obtain a satisfactory inspection from Council’s Environmental Health Officer prior to commencing operation. A minimum of 24 hours notice is required prior to inspection. Inspections can be arranged by telephoning (02) 6626 7054 during normal office hours. A fee is levied upon the operator for such inspections.

57)    Kitchen exhaust

Prior to use of the kitchen exhaust-hood installation associated with the canteen, a certificate and system specifications detailing the air flow velocity readings to be provided to Council. The certificate should be completed by a suitably qualified professional and shall ensure that the installation satisfies the requirements of AS 1668 Parts 1 and 2.

 

58)    Waste disposal facilities

The operator shall demonstrate to Council’s Environmental Health Officer’s satisfaction that adequate waste disposal facilities are available on the premises for use by the canteen, and that such facilities can be maintained to prevent environmental harm or public nuisance.

59)    Public use of swimming pools and spa pools

Continuous disinfection dosing system and effective water circulation shall be provided to all treated water swimming pools and spa pools. Sufficient residual bactericidal effect shall be achieved as required by the NSW Public Health Regulation, and the "Public Swimming Pools and Spa Pools Guidelines" (as amended).

60)    Completion of landscaping works

All landscaping works as approved within the Construction Certificate are to be completed.

61)    Water service to be connected

A water service 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 will be at the applicants cost.

 

 

 

62)    Parking to be available for the approved use

Parking spaces and all necessary access arrangements in accordance with the approved plans are to be provided and maintained to the satisfaction of Council.

 

63)    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.

 

64)    Loading and unloading not to occur on the street

Loading and unloading bays must be available at all times for the loading and unloading of goods for the development.  All loading and unloading to is take place within the curtilage of the premises.

 

65)    Operation of Swimming Pools

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.

 

Swimming Pool controlled discharge rate

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

 

 

 

66)    Stormwater Maintenance

The stormwater collection and treatment devices must be inspected and maintained in accordance with the maintenance program contained in the approved Integrated Water Cycle and Soil Management Plan.

67)    Access must be permitted to Council officer

Access must be permitted to any authorised Council officers during normal business hours for the purpose of ensuring compliance with consent conditions.

68)    Access for emergency vehicles and personnel

Access must be permitted to and throughout the site for emergency vehicles and personnel. No gates are permitted across the vehicle access roads to the development.

69)    Access for waste management vehicles and personnel

Access must be permitted to and throughout the site for waste management vehicles and personnel. No gates are permitted across the vehicle access roads to the development.

70)    Requirements of NSW Rural Fire Service

The requirements of the Bush Fire Safety Authority issued by the NSW Rural Fire Service are to be adhered to.

71)    Common antennae

Where buildings contain multiple units, shared television antennae/satellite dishes are to be provided to reduce the visual impact of multiple services.

72)    Pool safety sign

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

73)    Swimming pool discharge

Swimming pools discharge for waste water is to be in accordance with AS/NZS 3500.2.2, Section 10.9 & Figure 10.2.

74)    Swimming pool pump locations

The filter pumps of all swimming pools are to be located such that noise from their operation does not cause a nuisance to adjoining residents. If necessary an acoustic enclosure must be provided around the pump to achieve the required noise attenuation.

75)    Food premises

Any food premises shall be operated and maintained to ensure that the statutory requirements of the New South Wales Food Act 2003 and Food Regulation 2004 (incorporating Food Standard Codes) are satisfied at all times. Access to the Food Standard Codes is available on-line at http://www.foodstandards.gov.au. The operator is required to ensure that the business is registered with the NSW Food Authority. Notification may be carried out on-line at http://www.foodnotify.nsw.gov.au.

 

 

 

76)    Control of emissions from food premises

Any food premises uses shall not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. In particular:

a)    The noise level emanating from the use of the premises must comply with the New South Wales Industrial Noise Policy.

b)    Only clean and unpolluted water is permitted to be discharged to Council’s stormwater drainage system or any waters.

c)    All wastes shall be contained within appropriate containers fitted with a tight-fitting vermin-proof lid.

77)    Toilet and washing facilities

The operator of any food premises shall comply with the Occupational Health and Safety Act 2001 statutory requirements. Staff shall be provided with adequate toilet and washing facilities. NSW WorkCover should be consulted in the event that further information is required in regard to this condition.

78)    Public use of swimming pools

The operation of all treated water swimming pools and spa pools used by members of the public shall maintain a continuous disinfection dosing system and effective water circulation so as to maintain the minimum standards established under the NSW Public Health Regulation. The NSW Health "Public Swimming Pool and Spa Pool Guidelines" (as amended) offers advice and specific water quality objectives to ensure that public health and safety conditions are maintained at all times.

 

79)    Land uses

The various land uses contained within the development are to operate in accordance with the Statement of Environmental Effects (prepared by Planners North dated June, 2015), Chapter E5 of Byron Development Control Plan 2014 and the following requirements:

(a)       The canteen located within Buildings C1 is to be operated in accordance with the definition of a restaurant or café [a restaurant or café  means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.] with the exception that it is generally to be used to service the residents/workers within the development and shall only be open for trade during the same hours as the adjacent commercial buildings.

(b)       The workspace and/or home office areas that are attached to individual dwellings must not be used for any form of residential habitation or adapted for dual occupancy purposes. Such may only be used in conjunction with the dwelling in which they are attached to and must not be leased or used by persons other than those residing in the attached dwelling.

(c)        The areas nominated as ‘retail’ located within Buildings B1 and C1 – C5 are to be operated in accordance with the definition of a retail premises as defined in Byron Local Environment Plan 2014.

(d)       The areas nominated as ‘commercial’ located within Buildings B1 and C1 – C5 are to be operated in accordance with the definitions for either a (a) business premises, (b) office premises or (c) retail premises, which are listed as commercial uses and are separately defined under Byron Local Environment Plan 2014

 

(e)       The workshops located within Dwelling Types LW1 – LW3 are to be operated as creative industries in accordance with Chapter E5 of Development Control Plan 2014. Creative Industry means industries that generate copyrights, patents, designs or trademarks and incorporates businesses and industries involved in:

§ advertising, graphic design and marketing;

§ architecture, visual arts and design;

§ music composition and production;

§ computing and intellectual technologies;

§ performing arts;

§ writing, publishing and print media; and

§ film, television and entertainment.

Such workshops may only be used in conjunction with the dwelling in which they are attached to and must not be leased or used by persons other than those residing in the attached dwelling. The workspaces must not be used for any form of residential habitation or be adapted for dual occupancy purposes by providing a separately accessible entry for the dwelling above.

80)    Hours of operation

The hours of operation of the various land uses contained within the development are limited to those provided below:

§ Commercial and Retail areas within Buildings B1 and C1 – C5 : 8am to 6pm Monday to Friday and 8am to 1pm Saturday.

§ Creative Industry uses within Buildings LW1-1, LW1-2 & LW1-3: 9am to 5pm Monday to Friday and 9am to 12pm Saturday.

§ Office uses within Dwelling Types A1, A2 & A5 : 9am to 5pm Monday to Friday and 9am to 12pm Saturday.

§ Workspace uses within Dwelling Types D4, D5A, D7A, D8, D8B & D9 : 9am to 5pm Monday to Friday and 9am to 12pm Saturday.

§ Canteen within Building C1 : 9am to 5pm Monday to Friday and 9am to 12pm Saturday.

§ Recreation facilities : 6am to 10pm Monday to Sunday.

81)    No interference with amenity

The use of the premises shall not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. In particular:

a)      The noise level emanating from the use of the premises must comply with the New South Wales Industrial Noise Policy.

b)      Only clean and unpolluted water is permitted to be discharged to Council’s stormwater drainage system or any waters.

c)      All wastes shall be contained within appropriate containers fitted with a tight-fitting vermin-proof lid.

 

 

82)    Subdivision/Strata Certificate application required

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

 

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

 

83)    Plan of Subdivision

An Administration Sheet (Original plus one (1) copy) and four (4) copies of the plan of subdivision, in accordance with the approved plans, are to be submitted with the application for a subdivision certificate.

 

84)    Statutory Easement/s

Statutory easements, as necessary, in accordance with section 36 of the Community Land Development Act 1989 must be shown for creation.

 

85)    Management Statements

The management statement and development contract, together with 1 copy, are to be submitted with the application for a subdivision certificate. The management statement must provide for the following:

b)      Access Ways

The private and/or open access way widths must be consistent with the minimum reserve widths of table E5.5.4.6 of Part E5 of Development Control Plan 2014. Suitable by-laws must be included for the operation and maintenance of the access ways.

c)      Stormwater Management

Suitable by-laws must be included detailing the maintenance requirements of the stormwater management systems, including the open drains along the site frontages for the STP road and Bayshore Drive.

d)      Parking and Loading By-laws

By-laws must ensure parking and loading restrictions and rights are consistent with conditions of this consent.

e)      Development of Lots

The management statement and development contract must include relevant By-laws and/or requirements to ensure development of the land is carried out in accordance with this development consent.

f)       Construction Times

By-laws must be consistent with the construction times approved by this development consent.

 

86)    Completion of Subdivision Works

All subdivision works, required by the development consents 10.2011.162.1 (as amended) and relevant Construction Certificate and Roads Act consent, are to be completed to the satisfaction of the Principal Certifying Authority prior to issue of the subdivision certificate. A final compliance certificate (or letter of practical completion) for the satisfactory completion of the works must be submitted with the subdivision certificate application.

 

87)    Works approved by Construction Certificate 11.2008.360.1.

All of the site filling works approved by construction certificate 11.2008.360.1 are to be completed to the satisfaction of the Principal Certifying Authority prior to issue of the subdivision certificate. A final compliance certificate (or letter of practical completion) for the satisfactory completion of the works must be submitted with the subdivision certificate application.

 

88)    Completion of Building Works

All building works, required by this development consent (as amended) and relevant Construction Certificate, are to be completed to the satisfaction of the Principal Certifying Authority prior to issue of the strata certificate. A final occupation certificate for the relevant building works must be submitted prior to issue of the strata certificate.

 

89)    Certificates for engineering works

The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s current “Northern Rivers Local Government Design and Construction Manuals and Specifications” prior to issue of the subdivision certificate.

 

A separate certificate of compliance must be submitted to the Principal Certifying Authority certifying that all drainage and on-site stormwater detention works have been carried out in accordance with the approved plans prior to issue of the subdivision certificate. Such certificate to be in accordance with section 6.6 of Council’s Comprehensive Guidelines for Stormwater Management.

 

90)    Works-As-Executed Plans

Works-as-executed plans, being both hard copy and electronic format, in accordance with Council’s requirements, certified by a suitably qualified engineer or a registered surveyor, are to be submitted prior to issue of the subdivision certificate.

 

91)    Certificate for services within easements

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

 

92)    Electricity Supply Certificate

Written evidence from an electricity supply authority is to be submitted prior to issue of the subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

 

93)    Telephone Supply Certificate

Written evidence from Telstra is to be submitted prior to issue of the subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply throughout the subdivision.

 

94)    Maintenance Bond

A maintenance bond of 5% (minimum bond amount of $1,000.00) of the value of the public infrastructure works constructed is to be lodged with Council prior to issue of the subdivision certificate.  A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 6 months in accordance with Council’s current Design & Construction Manuals and will commence from the date of issue of the Subdivision Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

 

95)    Record of Infrastructure

A record of infrastructure coming into Council ownership, upon registration of the final plan of subdivision, is to be submitted to Council prior to issue of the subdivision certificate.  The information is to be submitted in the form of Council’s Standard Form titled “Asset Creation Record”.  This form is available from Council’s Local Approvals Section.

 

96)    Compliance with bushfire conditions under Section 100B of Rural Fires Act 1997

Documentary evidence from a suitably qualified professional is to be submitted to the PCA demonstrating that the requirements of the Bushfire Safety Authority have been complied with.

 

 

Notes

 

Construction Certificate required:

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing. Application forms are available from the customer services counter or Council’s website www.byron.nsw.gov.au.

Occupation Certificate required:

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

 

Disability Discrimination Act:

All development other than domestic construction must meet the provisions of the Disability Discrimination Act 1992 under which civil action may be taken if access for people with disabilities is denied or provide in a discriminatory way.

 

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.

 

Water payments under the Water Management Act 2000

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

 

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
(ET Policy No:13/005)

 

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

 

Signs require consent:

Council’s Planning Instruments requires development consent for most forms of advertising signs and structures. The Council has adopted a policy relating to outdoor advertising that sets out standards for various forms of advertising.  Information is available from Council’s Local Approvals Branch.

Disability Discrimination Act:

Council has assessed this application under the provisions of the Environmental Planning and Assessment Act 1979. It is the responsibility of applicants for BCA Class 3, 5, 6, 7, 8, 9 and 10a development (generally all commercial, industrial and professional offices) to make themselves aware of the provisions of the Disability Discrimination Act 1992 under which civil action may be taken if access for people with disabilities is denied or provide in a discriminatory way.

 

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.

 

 

Schedule of Development Contributions

 

 

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.

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.

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.

 

 

Plan of Management:

The development is to operate in accordance with the controls and mitigation measures that are identified in the Draft Plan of Management (Ref: 291450 GeoLINK September 2008) for the subject development.

Enclosed public places (smoke-free environment):

The applicant and occupier of the premises are alerted to the requirements of the Smoke-Free Environment Act 2000 and the Smoke-Free Environment Regulation 2000 and the guidelines in the Regulation for determining what is an enclosed public place. Enquiries may be directed to the NSW Department of Health. The legislation may be viewed on: http://www.legislation.nsw.gov.au/maintop/scanact/inforce/NONE/0

 

Reasons

1    To comply with the provisions of Byron Local Environmental Plan 2014, Byron Development Control Plan 2014 including Chapter E5 – Bayshore Village. 

2    To ensure the development is completed in accordance with conditions of consent and approved plans. 

3    To ensure adequate access to and from the development. 

4    To ensure that appropriate landscaping is provided. 

5    To provide funds for the provision of services and facilities as required by the increased population or activity. 

6    To protect the environment.

7    To preserve the amenity and traffic safety of the area. 

8    To ensure adequacy of services to the development.

9    To ensure public health and safety.

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

11  To ensure compliance with the Roads Act 1993.

12  To ensure access for people with access disabilities.

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

Staff Reports - Sustainable Environment and Economy                       13.10 - Attachment 1

 

 

 

 

 

 

 

    

Reports of Committees - Sustainable Environment and Economy        14.2 - Attachment 1

 

 

 

 

 

 

 

 

Biodiversity and Sustainability Advisory Committee Meeting

 

 

 

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 12 November 2015
Time	9.00am

 

 

 

 

 

 

 

 

Reports of Committees - Sustainable Environment and Economy        14.2 - Attachment 1

 

Minutes of the Biodiversity and Sustainability Advisory Committee Meeting held on Thursday, 12 November 2015

File No: I2016/22

 

PRESENT:   Cr A Hunter, Cr R Wanchap

 

Staff:   Sharyn French (Manager Land and Natural Environment))
Sandi Midleton (Sustainability Officer)

           

Community voting members:          Andy Baker, Samala Heart, Kate Smillie, Peter Westheimer

Community non voting members:   Chris Sanderson

 

Cr Alan Hunter (Chair) opened the meeting at 9.00am and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

Cr S Richardson (Mayor), Donovan Adcock, Luke McConnell, Joanna Immig

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes & business arising from Previous Meetings

 

Committee Recommendation: That the minutes of the Biodiversity and Sustainability Advisory Committee Meeting held on 1 October 2015 be confirmed. (Heart/Hunter) The recommendation was put to the vote and declared carried.

 

 

Business Arising from Previous Minutes

 

Committee recommendation:

That the Biodiversity and Sustainability Advisory Committee be kept informed of the progress relating to vegetation mapping; Rural Land Use Strategy; High Conservation Value; High Environmental Value and E Zones) and that consideration be given to developing a summary document of the interrelationship between these.

 

Committee recommendation:

That the Biodiversity and Sustainability Advisory Committee receive a status report on environmental levy expenditure.

 

(Smillie/Westheimer)

The recommendation was put to the vote and declared carried

 

Committee recommendation:

That the sub working group “Review of Biodiversity and Conservation Strategy“ meet before the end of the year to discuss the review of the wildlife corridor mapping and methodology.

(Westheimer/Baker)

The recommendation was put to the vote and declared carried

 

Staff Reports - Sustainable Environment and Economy

Report No. 5.1             Low Carbon Strategy Update File No:                        I2015/1102

Committee Recommendation 5.1: That the Biodiversity and Sustainability Committee receive and note the report and that the Biodiversity and Sustainability Committee congratulate Council on achieving and progressing 99% of the first year actions in the Low Carbon Strategy.   (Wanchap/Heart) The recommendation was put to the vote and declared carried.

 

Report No. 5.2             Zero Emissions Byron Update File No:                        I2015/1298

Committee Recommendation 5.2: That the Biodiversity and Sustainability Committee note and supports the report, and request progress on baseline figures at the next Biodiversity & Sustainability Committee meeting where available.   (Heart/Baker) The recommendation was put to the vote and declared carrried.

 

Report No. 5.3             Biodiversity and Sustainability Advisory Committee Meeting Dates 2016 File No:                        I2015/1299

Committee Recommendation 5.3.1: That the Biodiversity and Sustainability Advisory Committee meets from 9.00am to 11.00am on the following dates during 2016:   ·    Thursday, 18 February 2016 ·    Thursday, 21 April 2016 ·    Thursday, 23 June 2016 ·    Thursday, 18 August 2016 ·    Thursday, 10 November 2016 ·    Or as required   (Smillie/Heart) The recommendation was put to the vote and declared carried.

Committee Recommendation 5.3.2: That if required an additional meeting be scheduled for the Biodiversity and Sustainability Committee to consider the draft 2016/17 Environmental Levy Budget . Committee Recommendation 5.3.3 That Chris Sanderson be invited to become a voting member of the Biodiversity and Sustainability Committee. (Westheimer/Wanchap) The recommendation was put to the vote and declared carried.

     

 

There being no further business the meeting concluded at 11.00am.

 

 

 

 

Reports of Committees - Sustainable Environment and Economy        14.3 - Attachment 1

 

 

 

 

 

 

 

 

Heritage Advisory Committee Meeting

 

 

 

Venue	Conference Room, Station Street, Mullumbimby
Date	Tuesday, 17 November 2015
Time	2.00pm

 

 

 

 

 

 

 

 

Reports of Committees - Sustainable Environment and Economy        14.3 - Attachment 1

 

Minutes of the Heritage Advisory Committee Meeting held on Tuesday, 17 November 2015

File No: I2016/22

 

PRESENT:   Cr S Richardson, Cr B Cameron, Cr A Hunter

Staff:   Shannon Burt (Director Sustainable Environment and Economy)

            Noreen Scott (Minute Taker)

 

Members:       Chris Cooney (Brunswick Valley Historical Society)
Don Osborne (Bangalow Historical Society)
Norman Graham  (Arakwal)
Leweena Williams (Tweed Byron Local Aboriginal Council)
Jeff Lovett
Leonard Baitz
Jim Rogers

 

 

Cr B Cameron (Chair) opened the meeting at 2.10pm and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

Cr Richardson, Alexandra Williams.

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes from Previous Meetings

 

Nil -  this is the first meeting of the Heritage Advisory Committee.

 

Business Arising from Previous Minutes

 

Nil – this is the first meeting of the Heritage Advisory Committee

 

 

 

 

 

Staff Reports - Sustainable Environment and Economy

Report No. 5.1             Heritage Advisory Committee administration and meeting dates File No:                        I2015/1387

Committee Recommendation: That the Heritage Advisory Committee:   1.       Endorse the Terms of Reference with the following amendments being :   Under the heading 3 Membership combine Brunswick Valley and Mullumbimby Historical Society as 1 representative.   Include Jali Land Council to the membership of the Heritage Advisory Committee.   Include Donald Maughan  as the Byron Bay Historical Society representative   Increase the membership of the Community representatives from 3 to 4 and endorse Ms Alexandra Williams as an additional community representative.     2.       Adopt the following dates for the Committee meetings for 2016, with all meetings commencing at 2.00pm:   Tuesday,16 February 2016 Tuesday,12 April 2016 Tuesday, 21 June 2016 Tuesday,16 August 2016 Tuesday,18 October 2016 Tuesday, 13 December 2016 (Cameron/Hunter) The recommendation was put to the vote and declared carried.

 

Report No. 5.2             Heritage Strategy File No:                        I2015/1388

Committee Recommendation: That the Heritage Advisory Committee defer Report 5.2 Heritage Strategy to the next HAC on 16 February, 2016.   (Hunter/Cameron) The recommendation was put to the vote and declared carried.

     

 

There being no further business the meeting concluded at 4.00pm.

  

Reports of Committees - Infrastructure Services                                  14.4 - Attachment 1

 

 

 

 

 

 

 

 

Transport Advisory Committee Meeting

 

 

 

Venue	Conference Room, Station Street, Mullumbimby
Date	Tuesday, 1 December 2015
Time	9.30am

 

 

 

 

 

 

 

 

Reports of Committees - Infrastructure Services                                  14.4 - Attachment 1

 

Minutes of the Transport Advisory Committee Meeting held on Tuesday, 1 December 2015

File No: I2016/22

 

PRESENT:   Cr B Cameron, Cr D Dey, Cr A Hunter,

Staff: Phillip Holloway (Director, Infrastructure Services)

Simon Bennett (Transport, Traffic Planner)

            Jane Laverty (Tourism and Environment)

            Mary Kerr (Traffic, Transport Assistant)

Susan Sulcs (Minute Taker)

 

Community: John Blanch,

Philip Theaker

Stephen Stewart

Alex Lewers (Transport Development Officer, Northern Rivers Social Development Council, Non Voting Representative)

 

 

 

Cr Cameron (Chair) opened the meeting at 9.33 am and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

Cr S Richardson (Mayor)

Kumar Rajaratnam

Sapoty Brook

 

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

 

Adoption of Minutes from Previous Meetings

 

Recommendation: That the minutes of the Transport Advisory Committee Meeting held on 1 September 2015 be confirmed.          Cameron/Dey   The recommendation was put to a vote and declared carried.

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

 

 

 

Staff Reports - Infrastructure Services

Report No. 5.1             Update on Byron Bay Town Centre Master Plan File No:                        I2015/1425                                         Jane Laverty gave a verbal presentation in relation to the progress of the       Draft Byron Bay Town Centre Master Plan. Documents were tabled for          distribution. http://www.byronbayourplan.com.au/                                        http://www.byronbayourplan.com.au/documents

RECOMMENDATION: 1.       That Council note that the Transport Advisory Committee was provided with an update          on the Byron Bay Town Centre Master Planning process, development and progress       and that the following be noted:   a)      That transport is a key issue for the town   b)      That public exhibition of the Master Plan has been delayed to 2016   Dey/Hunter   The recommendation was put to a vote and declared carried.

 

Report No. 5.2             Transport for NSW proposal, Byron Bay bus/coach interchange File No:                        I2015/1426                                         Jane Laverty gave a verbal report on the proposal of Transport for NSW for the installation of a bus/coach interchange in the Byron Bay Town Centre.

RECOMMENDATION: 1.       That Council note the Transport Advisory Committee was provided with an update on the proposal by Transport for NSW for the development of the old Byron Bay bus/coach interchange in Jonson Street.   2.       That Council             a)      notify Transport for New South Wales that Council is near the end of a Master Planning process for the town of Byron Bay             b)      seek from Transport for New South Wales funding assistance for the proposed location of a bus interchange in accordance with the Master Plan   3.       That Council seek the assistance of the Premier of NSW, of the local member for Ballina, and other members of parliament to have Transport for New South Wales coordinate with Council on the siting of a bus interchange, in accordance with the Master Plan, west of the rail way corridor. Dey/Stewart   The recommendation was put to a vote and declared carried.

 

Report No. 5.3             Outstanding Resolutions - Transport Advisory Committee File No:                        I2015/1427

RECOMMENDATION: That Council note the Transport Advisory Committee was provided a list of outstanding Council Resolutions, relating to the Committee’s work and an update will be provided at the March 2016 Committee meeting.   Stewart/Hunter   The recommendation was put to a vote and declared carried.

 

Report No. 5.4             Update on parking schemes, Byron Bay File No:                        I2015/1428

RECOMMENDATION: 1.       That Council note that the Transport Advisory Committee was provided with an update on the progress of paid parking in Byron Bay.   2.       That Council write to RMS seeking dispensation from the requirement for non exemption holders to display a parking ticket within Council‘s ‘Pay by Plate’ parking scheme.   Dey/Blanch   The recommendation was put to a vote and declared carried.

 

Cr Hunter left the Chambers at 11:21 AM.

Report No. 5.5             Transport Strategy update File No:                        I2015/1429

RECOMMENDATION: 1.       That Council note the existing Transport Policy and that the Transport Advisory Committee is charged with developing a Draft Transport Strategy.   2.       That a report be provided to the March 2016 meeting of the Transport Advisory     Committee.   Dey/Cameron   The recommendation was put to a vote and declared carried.

 

Report No. 5.6             Pacific Highway T2E Upgrade update File No:                        I2015/1430 http://www.rms.nsw.gov.au/documents/projects/northern-nsw/ewingsdale-tyagarah-safety-improvements/ewingsdale-tyagarah-community-update-2015-08.pdf

RECOMMENDATION: 1.       That Council notes that the Transport Advisory Committee was provided with an update on the progress of the T2E Pacific Highway upgrade.   2.       That Council advise RMS of community and bus operator concern about new arrangements for the post opening of the Pacific Highway T2E regarding access to the Highway from Grays Lane and disruption to existing school bus and other services, as well as potential congestion associated with Blues Fest.   3.       That Council advise RMS that signage on the new T2E Pacific Highway directing traffic through Bangalow to Lismore is not supported by Council and the Bangalow community.   Cameron/Dey   The recommendation was put to a vote and declared carried.

 

Committee Member, Stephen Stewart was opposed to the recommendation and voted against.

 

 

Report No. 5.7             Proposed Committee Meeting Dates for 2016 File No:                        I2015/1432

RECOMMENDATION: That Council adopt the proposed dates set out as accepted by the Transport Advisory Committee.   Cameron/Dey The recommendation was put to a vote and declared carried.

 

 

There being no further business the meeting concluded at 12.11pm.

 

Reports of Committees - Infrastructure Services                                  14.5 - Attachment 1

 

 

 

 

 

 

 

 

Community Infrastructure Advisory Committee Meeting

 

 

 

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 3 December 2015
Time	2.00pm

 

 

 

 

 

 

 

 

Reports of Committees - Infrastructure Services                                  14.5 - Attachment 1

 

Minutes of the Community Infrastructure Advisory Committee Meeting held on Thursday, 3 December 2015

File No: I2016/22

 

PRESENT:   Cr B Cameron, Cr D Dey, Cr A Hunter

Staff:   Phillip Holloway (Director Infrastructure Services)

            Phil Warner (Manager Assets & Major Projects)

Blyth Short (A/Asset Management Coordinator)

Mickey Proud (GIS Assets Officer)

            Susan Sulcs (Minute Taker)

 

Invited Members:   Andi Maclean, Chris Sanderson, Leah Kapral

 

Cr Cameron (Chair) opened the meeting at 2.07 and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

Tony Nash (Manager Works)

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

 

Adoption of Minutes from Previous Meetings

 

 

Recommendation: That the minutes of the Community Infrastructure Advisory Committee Meeting held on 10 September 2015 be confirmed.   Cameron/Maclean The recommendation was put to the vote and declared carried.

 

 

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

 

Staff Reports - Infrastructure Services

Report No. 5.1             2015/16 Bridge Program File No:                        I2015/814

RECOMMENDATION: That Council:   1.   undertakes a needs analysis of road bridges requiring replacement and refurbishments in order to determine priorities.   2.   investigate further funding options for road bridge replacement and refurbishments.   3.   write to the Local State MP requesting advice and assistance regarding urgent road bridge replacements.   4.   receive a report in relation to points 1- 3 by March 2016 to inform the budget process.   5.   considers putting up a motion for increased funding for road bridge replacement and refurbishments to the next LGA Conference.   Hunter/Cameron The recommendation was put to the vote and declared carried.

 

Report No. 5.2             Transport and Stormwater Revaluation File No:                        I2015/822

RECOMMENDATION: That Council notes the report provided to the Community Infrastructure Advisory Committee and resulting reduction in annual depreciation figures.   Dey/Maclean The recommendation was put to the vote and declared carried.

 

Report No. 5.3             Update Report of Restoration of 2012 & 2013 Landslips File No:                        I2015/1357

RECOMMENDATION: That Council notes that 11 out of 12 of the landslips from the 2012 and 2013 Declared Natural Disasters are complete and the restoration of the one remaining landslip at “Upper Wilsons Creek – end of road” is in progress. Dey/Hunter The recommendation was put to the vote and declared carried.

 

Report No. 5.4             Status report on 2015/16 Local Roads Capital Works Program File No:                        I2015/1367

RECOMMENDATION: That Council notes that the Community Infrastructure Advisory Committee notes the actions taken to implement the 2015/16 Local Roads Capital Works Program. Dey/Hunter The recommendation was put to the vote and declared carried.

 

 

 

Report No. 5.5             Proposed Committee Meeting Dates for 2016 File No:                        I2015/1434

RECOMMENDATION: That Council set the following dates as the Community Infrastructure Advisory Committee meeting dates for 2016:   Thursday, 3 March 2016   Thursday, 2 June 2016   Thursday, 20 October 2016   Thursday, 1 December 2016   Dey/Kapral The recommendation was put to the vote and declared carried.

     

Action Items

 

 

1.     Cr Cameron requested Report 5.4 be on the agenda for the next meeting as Tony Nash was not available for discussion.

 

2.     Cr Hunter questioned the Quality Control mechanisms in regard to roadworks and it was mentioned that an outline be prepared to the Committee.

 

3.     Cr Cameron requested a report in relation to Federal Drive Road, Goonengerry and the brief that was given to the Consultant.

 

 

 

 

There being no further business the meeting concluded at 4.10.