BYRON SHIRE COUNCIL

Ordinary Meeting

 

Publicbsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 7 April 2016

 

10.  Petitions

10.1   Against kitchen and showers at the Girl Guides Hall, Byron Bay

Attachment 1... Excerpt of Petition tabled at the Ordinary meeting 04/02/16 - Girl Guides Hall     4

10.2   Against the Development Plan for Lot 101 Ewingsdale

Attachment 1... Excerpt of Petition - Development Plan for Lot 101 Ewingsdale.............. 5       

 

13.  Staff Reports

Corporate and Community Services

13.1   National General Assembly of Local Government 2016

Attachment 1... National General Assembly of Local Government 2016 call for motions discussion paper.......................................................................................................... 6

Attachment 2... National General Assembly 2016 Program and Motions Information..... 15

Attachment 3... Memo to Councillors - Call for motions for 2016 National General Assembly of Local Government................................................................................... 21

Sustainable Environment and Economy

13.2   PLANNING - 26.2013.2.1 - Ewingsdale Seniors Housing and Commercial Uses Planning Proposal

Attachment 1... Summary of Council reports and resolutions relating to Ewingsdale Seniors Housing and Commercial Uses Planning Proposal  - Lot 101 DP1140936, Ewingsdale     23

Attachment 2... Ewingsdale Retirement Facility Traffic Study Report............................. 25

Attachment 3... Response from Roads and Maritime Services regarding Traffic Study 127

Attachment 4... Draft Voluntary Planning Agreement for Traffic Study......................... 128

Attachment 6... Draft DCP 2014 Chapter E9 Ewingsdale Seniors Living...................... 150

Attachment 7... DCP meeting minutes and matters to be addressed - Ewingsdale Seniors Living............................................................................................................... 185

Attachment 8... Letter from Henry Davis York re Ewingsdale Seniors Living - Comments on draft DCP and traffic study............................................................................ 204

13.3   PLANNING - 26.2013.3.1 Planning Proposal for Rezoning of Land at Tallowood Ridge Estate, Mullumbimby

Attachment 1... Planning Proposal for Tallowood Ridge................................................. 207

Attachment 2... Sustainability Criteria Assessment & Technical Reports....................... 249

Attachment 3... Superceeded Maps from Proponent's Planning Proposal.................... 469

Attachment 4... Form of Special Disclosure of Pecuniary Interest................................. 472

13.4   PLANNING - Submissions Report on Draft LEP Amendment  26.2015.5.1 Planning Proposal for Short Term Rental Accommodation

Attachment 1... Final Planning Proposal for Short Term Rental Accommodation ........ 474

Attachment 2... Comments from NSW Rural Fire Service  .......................................... 534

Attachment 3... Letter from Destination NSW ................................................................ 536

Attachment 6... Form of Special Disclosure of Pecuniary Interest ................................ 537

13.5   Draft Coastal Zone Management Plan Byron Bay Embayment

Attachment 1... Executive Summary Coastal Hazard Management Study - Byron Bay Embayment FINAL Revision 1 Water Research Laboratory (WRL) Technical Report 2013/28............................................................................................................... 539

Attachment 2... DRAFT CZMP BBE - Part A General Information................................ 551

Attachment 3... DRAFT CZMP BBE - Part B Coastal Hazards and Risk Management 591

Attachment 4... DRAFT CZMP BBE - Part C Community Uses.................................... 645

Attachment 5... DRAFT CZMP BBE - Part D Open Coast Ecosystem Health.............. 676

Attachment 6... DRAFT CZMP BBE - Part E Draft Emergency Action Sub Plan......... 700

Infrastructure Services

13.7   Potential Bulk Closure of Road Reserves Suffolk Park DP11632 to be held by Council as operational land for sale to adjoining landowners

Attachment 1... Signed Statutory Declaration of Anthony John Buckley for DP 11632 stating that work was completed on lane ways........................................................ 749

Attachment 2... Letter from NSW Land & Property Information regarding Roads and Lanes in DP11632 (refers to E2015/29035)......................................................... 750

Attachment 3... Letter to Manager at Crown Lands Newcastle re clarification of closure of DP11632 (enclosing letter S2015/6791)................................................................ 751

Attachment 4... 'Building Over Pipelines and Other Underground Structures' Policy No. 4.20 adopted 8/10/09 Res No. 09-798 (Current_Policies)............................. 752

13.8   Status Report - Footpath at Marine Parade, Wategos

Attachment 1... Draft Consultant's Report on Marine Parade Pedestrian and Traffic Impact Assessment............................................................................................ 765

Attachment 2... Marine Parade Options Summary - March 2016.................................. 815

Attachment 3... Additional Parking West end of Marine Parade..................................... 816

13.9   Byron Bay Pay Parking Scheme - criteria for 6 month review

Attachment 1... Proposed Pay Parking Survey for 6-month Review and beyond......... 817       

14.  Reports of Committees  

Corporate and Community Services

14.1   Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 1 March 2016

Attachment 1... Minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting 1 March Minutes...................................................................... 821

Attachment 2... Ti Tree Lake Prelininery Plan of Management...................................... 826

Sustainable Environment and Economy

14.2   Report of the Heritage Advisory Committee Meeting held on 16 February 2016

Attachment 1... Minutes Heritage Advisory Committee held 16 February, 2016........... 856

Infrastructure Services

14.3   Report of the Community Infrastructure Advisory Committee Meeting held on 3 March 2016

Attachment 1... Minutes Community Infrastructure Advisory Committee Meeting 3 March 2016 861

14.4   Report of the Transport Advisory Committee Meeting held on 10 March 2016

Attachment 1... Minutes Transport Advisory Committee Meeting 10/03/16................... 865

14.5   Report of the Water, Waste and Sewer Advisory Committee Meeting held on 3 March 2016

Attachment 1... Minutes Water, Waste and Sewer Advisory Committee Meeting 03/03/16 869

14.6   Report of the Belongil Catchment Advisory Committee Meeting held on 8 March 2016

Attachment 1... Minutes 08/03/2016 Belongil Catchment Advisory Committee............. 874       

 


BYRON SHIRE COUNCIL

Petitions                                                                                                              10.1 - Attachment 1

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BYRON SHIRE COUNCIL

Petitions                                                                                                                                         10.2 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.1 - Attachment 2

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Staff Reports - Corporate and Community Services                                 13.1 - Attachment 3

MEMO TO:             All Councillors

 

MEMO FROM:        Director Corporate and Community Services

 

SUBJECT:              Call for Motions for 2016 National General Assembly of Local Government

 

DATE:                     14 March 2016

 

RECORD NO:         E2016/16544

 

Council has received advice regarding the National General Assembly of Local Government (NGA) to be held in Canberra from 19 to 22 June 2016.

 

Motions for this year’s theme Partners in an Innovative and Prosperous Australiaare to be received by ALGA no later than Friday 22 April 2016 but must first be endorsed by Council prior to submission.  Notices of Motion to Council regarding ALGA Motions will need to be submitted for inclusion in the Ordinary Meeting Agenda of 7 April 2016 at the latest. 

 

Council’s Notices of Motion for Ordinary Agenda 7 April 2016 are due to be received by staff on 23 March 2016 so if you wish to submit a Motion to the NGA, please prepare a Notice of Motion by the due date of 9.00am on 23 March 2016.

 

Call for Motions

 

To be eligible for inclusion in the NGA Business Papers and then debate on the floor of the NGA, motions must follow the principles:

 

1.       Be relevant to the work of local government nationally;

2.       Be consistent with the themes of the Assembly;

3.       Complement or build on the policy objectives of your state and territory local government associations;

4.       Propose a clear action and outcome, and

5.       Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members, to gain national political exposure for positions that are not directly relevant to the work of, or in the national interest of local government.

 

To assist councils in preparing motions, a Discussion Paper has been prepared and is attached.

 

Motions should generally be in a form that seek the NGA’s support for a particular action or policy change at the Federal level which will assist local governments to meet local community needs e.g. That this National General Assembly call on the Federal government to restore indexation to local government financial assistance grants

 

Motions require a clear national objective (max 100 words); a summary of the key arguments (max 300 words) in support of the motion and endorsement by your Council as shown in the image over the page.

 

 

 

 

……………………………………

Mark Arnold

 

Enc. #E2016/16502


 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy  13.2 - Attachment 1

Ewingsdale Seniors Housing and Commercial Uses Planning Proposal - Lot 101 DP1140936, Ewingsdale

 

History of Council reports and resolutions

 

Council Meeting

Matter

Resolution

10 February 2011

Report on Planning Proposal for Council’s consideration

11-61

Resolved not to proceed and to consider the Planning Proposal (PP) in the Local Growth Management Strategy.

13 June 2013

Report on Planning Proposal for Council’s consideration

13-300

Resolved to proceed with an amended PP (remove option for B4 mixed use zone) and send to the Department of Planning and Environment (DPE). Should the DPE issue a positive Gateway Determination a number of matters need to be addressed prior to placing the PP on exhibition:

·    Preparation of a master plan

·    Updated traffic studies

·    SEPP 55 site contamination assessment

·    Clarify sewage management choice

·    Heritage assessment

·    Noise impact assessment

 

19 September 2013

DPE request for a revised PP prior to Gateway Determination consideration, as the requirement for the development to be undertaken in accordance with a Masterplan is inconsistent with s117 Directions, and adjustments are required to remove retail premises as an additional permitted land use.

13-492

Resolved to amend the PP to specify the additional permitted land uses as seniors housing, medical centre, business premises, restaurants or cafes and shops and send to DPE for Gateway Determination, and prior to exhibiting the PP that the following matters from Res. 13-300 be addressed – see dot points above.

 

9 October 2014

Report on submissions received from public exhibition 15 July to 11 August 2014

14-492

Resolved to amend the PP including limiting the combined maximum total floor area of the commercial uses to 1200m2 and limiting the maximum floor area for the medical centre to 1800m2.

 

Council also resolved that a Development Control Plan (DCP) be prepared by the applicant and updated demand model traffic study prior to lodging a development application.

 

30 October 2014

Notice of Rescission Motion

14-536

Resolved to rescind resolution 14-492

 

14-542

Resolved to re-exhibit the planning proposal and hold at least two community information sessions prior to determining the PP.

17 September 2015

Report on submissions received from the second public exhibition 11 November to 8 December 2014.

15-459

1. Proponent to prepare draft DCP along with a basic concept plan in consultation with Council and provide that to Council as soon as possible.

2. Proponent to prepare and complete at their own cost a Traffic demand study for the planning proposal.

3. Proponent and Council to finalise draft VPA so that:

a) $15,000 is paid to Council after the LEP is amended to contribute to the wider traffic studies

b) $3,000 is paid to Council for its legal costs to finalise the VPA

c) The VPA is to be placed on public exhibition

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.2 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.2 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.2 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.2 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.2 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                         13.2 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.2 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                         13.2 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.2 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                         13.2 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                         13.2 - Attachment 4

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.2 - Attachment 6

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.2 - Attachment 6

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.2 - Attachment 7

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.2 - Attachment 8

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Staff Reports - Sustainable Environment and Economy                         13.3 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.3 - Attachment 1

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Staff Reports - Sustainable Environment and Economy                         13.3 - Attachment 1

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Staff Reports - Sustainable Environment and Economy                         13.3 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.3 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.3 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.3 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.3 - Attachment 4

 

Local Government (General) Regulation 2005


Schedule 3A     Form of special disclosure of pecuniary interest

(Clause 195A)

Section 451 of the 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. The special disclosure must relate to a pecuniary interest that arises only because of an interest of the councillor in the councillor’s principal place of residence or an interest of another person (whose interests are relevant under section 443 of the Act) in that person’s principal place of residence. 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 Civil and Administrative 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)]


Report No. __________ 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)1

 

 

 

 

 

 

 

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)2

[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.)

 

 

1    Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative 4 or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

      Section 442 of the Local Government Act 1993 provides that a "pecuniary interest" is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

2    A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest-see section 448 (g) (ii) of the Local Government Act 1993 .

3    "Relative" is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.4 - Attachment 1

 

bsc_logo_150dpi_rgb

 

 

 

 

Planning proposal

for short term rental accommodation in Byron Shire

(Byron Shire Council)

Authority ref:  26.2015.5.1

V2 Gateway Version (#E2016/16026)

March 2016


 

 

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

E2015/46215

July 2015

Version 1 - sent to Department of Planning and Environment for Gateway Determination

E2015/59855

September 2015

Version 2 - revised Planning Proposal in accordance with Gateway Determination

E2016/16026

March 2016

Version 3 – revised following consultation


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.4 - 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.. 6

Section A - Need for the planning proposal 6

1      Is the planning proposal a result of any strategic study or report?. 6

2      Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?. 6

3      Is there a net community benefit?. 6

Section B - Relationship to strategic planning framework. 6

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)?. 6

2      Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan?. 7

3      Is the planning proposal consistent with the applicable State Environmental Planning Policies (SEPPs)?. 7

4      Is the planning proposal consistent with applicable Ministerial Directions (s117 Directions)?  8

Section C -  Environmental, social and economic impact 24

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?. 24

2      Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?. 24

3      How has the planning proposal adequately addressed any social and economic effects?  24

Section D - State and Commonwealth interests. 24

1      Is there adequate public infrastructure for the planning proposal?. 24

2      What are the views of State and Commonwealth public authorities consulted in accordance with the gateway determination?. 24

Part 4       Mapping.. 26

Part 5       Community consultation.. 26

Part 6       Project timeline. 26

Summary and conclusions. 26

Appendix 1 – Short Term Rental Accommodation Action Plan Error! Hyperlink reference not valid.Error! Hyperlink reference not valid.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.4 - Attachment 1

 

Part 1     Introduction

Purpose

The purpose of this planning proposal is to introduce a special provision to define and then require development consent for short term rental accommodation. It also establishes the circumstances in which short term rental accommodation would be exempt development.

At the Byron Shire Council meeting of 30 April 2015 Council considered the need to amend its new LEP to permit short term rental accommodation 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 that:

·    Council insert exempt provisions in Schedule 2 (LEP 2014) for Short Term Rental Accommodation

·    Council insert new clause 6.10 Short Term Rental Accommodation (LEP 2014) to enable development applications.

Property details and existing zones

This planning proposal directly affects all land within zones where dwelling houses are permitted under Byron LEP 2014.  This currently includes RU1 Primary Production, RU2 Rural Landscape, RU5 Village, R2 Low Density Residential, R3 Medium Density Residential, R5 large Lot Residential, and B4 Mixed Use.

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 a new clause into Byron Shire LEP 2014, Part 6, Additional Local Provisions to require consent for Short Term Rental Accommodation as follows:

 

The objectives of the clause are to enable dwellings that are located in a zone where dwellings are permitted, to be used as short term rental accommodation by tourist and visitors on a commercial basis with development consent.  The clause will also limit the maximum number of occupants to 2 per bedroom, excluding children under 5 years of age. The clause will not limit the size of the dwelling or the number of bedrooms.  It will provide a means for those land owners to seek an approval if their short term rental activities or the dwelling did not satisfy the exempt provisions.  

 

And

·    Insert exempt provisions in Schedule 2 (LEP 2014) for certain Short Term Rental Accommodation (STRA) in order that in some circumstances it can be undertaken as exempt development as follows:

 

The objectives of the exempt clause are to enable some dwellings to be used as short term rental accommodation by tourist and visitors on a commercial basis without needing development consent. All of the following circumstances must be met in order to be exempt development:

1.   Limits the use to less than 90 days in a calendar year.

2.   The dwelling is located in a zone where dwellings are permitted under Byron LEP 2014.

3.   Limits the size of the exempt dwelling house to 3 bedrooms and the number of occupants to two per bedroom, excluding children less than 5 years of age.

4.   Provision and regular servicing of suitable garbage and recycling bins.

5.   Where a dwelling is located within a community title or strata scheme the owners corporation support is required to use the dwelling for STRA.

6.   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.

7.   The dwelling is to have hard wired smoke alarms, evacuation lighting and a fire blanket and extinguisher in the kitchen.

8.   Excludes properties that generate more than 2 substantiated complaints concerning the short term rental activities taking place on the property from the occupiers of separate dwellings in the vicinity of the subject dwelling over a 12 month period

9.   Requires the owner or manager of a property used for STRA to register their property on Council’s Short Term Rental Accommodation Register prior to use.

10. Ensures the dwelling complies with the Holiday Rental Code of Conduct endorsed by the Department of Planning and dated March 2013. 

11. Requires the land owner or property manager to be contactable 24 hours 7 days a week to be able to respond to complaints from neighbours within 30 minutes to deal with issues such as noise, parties, anti social behaviour which affect the residential amenity of the neighbourhood.

12. Requires an A3 size sign to be placed at the front of the property so it can be clearly seen from the public domain advising the public of the land owner’s or property manager’s details including telephone number to enable complaints to be readily made at any time of the day and wording to advise that the property is ‘Registered with Byron Shire Council’.

The original Planning Proposal included an exempt clause for Short Term Rental Accommodation comprising 18 sub-clauses. The Gateway Determination dated 31 August 2015 required that Part 2 (Explanation of Provisions) of the planning proposal be amended to provide a plain English version of the clause, as above.  It also required that Council demonstrate how the additional exempt development provisions could be enforced.  In reviewing the exempt clause, staff liaised with the Department resulting in the clause being refined with some sub-clauses removed as detailed below. The following information provides context as to what Council is trying to achieve with the exempt clause. 

The exempt provisions have been considered in part on what has been acceptable to the Department of Planning with the making of Gosford LEP 2014 and Wyong LEP 2013. There is a concern as to how tourist and visitor accommodation can be provided on bushfire prone land in relation to the Rural Fires Act 1997. It is Councils opinion that a dwelling located on bushfire prone land used for the purposes of providing STRA, will require a Bushfire Safety Authority under Section 100B of the Rural Fires Act 1997. The Gateway Determination requires Council to consult further with the NSW Rural Fire Service and to take into consideration any comments made as per the S117 Direction 4.4 Planning for Bushfire Protection

It is proposed that a Short Term Holiday Rental Accommodation register be established on Council’s web site. The register will be interactive and enable landowners to register their properties online and provide information such as number of bedrooms, period that the property is available for short term renting, landowner or managers details and contact phone numbers.

It is important that the landowner or his or her representative (manager) is the first contact in the event that there is a complaint to be made. This is opposed to the NSW Police Force being contacted who may not be able to attend due to more pressing matters or Council who generally would not be able to attend the site until the next working day. Other forms of tourist accommodation, such as a bed and breakfast establishment or a hotel/motel or resort have an onsite manager to respond to any issues of noise, parties or anti social behaviour, and likewise short term rental accommodation properties should be actively managed. 

In the event that the owner or his or her representative does not adequately resolve any complaint or issue relating to noise or residential amenity, then the matter may be referred to Council or the NSW Police Force.  If a dwelling has more than two substantiated complaints in a 12 month period then the dwelling will be excluded from use as STRA. A substantiated complaint is one that is supported by evidence found upon the investigations of Council or the NSW Police Force. A substantiated complaint is something the landowner would wish to avoid to remain compliant with the exempt provisions. It is also a pro-active way for landowners to manage complaints before they are elevated to Council or the NSW Police Force for further investigation. Council is aware that the Byron Holiday Letting Organisation provides a noisy neighbour hotline service to manage complaints about holiday makers, whilst local Real Estate agents with their expertise in letting properties are also experienced to deal with complaints.         

Matters provided for under other legislation have been removed. The exempt provisions relating to STRA not impacting on the residential amenity expected to be enjoyed by surrounding residents were removed as the Protection of the Environment Operation (POEO) Act 1997 and associated noise regulations will apply in any case. The clause relating to use of swimming pools, spas, outdoor decking and balconies was also removed as noise emanating from these are also regulated by the POEO Act. The measures to limit the number of visitors were designed to prevent the dwelling being used as a party house or for other functions. This measure has been removed as the Holiday Rental Code of Conduct which must be complied with, specifies that ‘party houses conflict with residential amenity, are damaging to the Holiday Rental industry and are not permitted’. As for ‘other functions’ the Code states that they must not conflict with residential amenity (breaches of which can be dealt with under the existing POEO Act) and that they must comply with any relevant planning approvals.

In terms of prohibiting the use of tents, caravans and campervans, this provision was removed as it should be inferred from the construction of any exempt clause that it applies to the use of a dwelling for short term rental purposes not the use of a caravan, campervan or tent. Car parking requirements for dwellings up to 3 bedrooms in size are superfluous and have also been removed as car parking is normally already provided for most dwellings of this size onsite.

The attached Byron Shire Short Term Rental Action Plan (Appendix 1, Table 1 and 2) includes the original draft clauses (including the now deleted sub-clauses as detailed above).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 solving a long standing issue 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 add a new clause and amend Schedule 2 to LEP 2014. It is part of a suite of actions that include information, compliance, registers, signage, 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.

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

Short term letting of dwellings has been widespread throughout Byron Shire urban and rural areas. It has not been subject to the development assessment process and has resulted in compliance issues. Permitting it with consent or as exempt development (if on a small scale with low impacts) will reduce the level of noncompliance and reduce Council resources put into 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 short term letting will provide rental income for a property owner with minimal impacts on the neighbourhood and infrastructure.

As a low key form of accommodation it attracts 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.

Short term holiday letting 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 short term rental accommodation in zones where dwellings are already permitted 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 change of use (if approved) will not result in impacts on the coast beyond that already generated by the existing dwelling. 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 and short term rental accommodation will only be permissible where a dwelling is already permitted on the land. This will not significantly increase the range of sensitive land uses on the site and past land use will still be addressed in any development application (if required). 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:

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.4 - 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 shop top housing to be used for short term rental accommodation.  This will not reduce the area available for employment land uses and not alter any locations for business or industry.

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 where a dwelling is permitted.

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 where a dwelling is permitted.  It will not alter the minimum lot size on any land.

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.  If a development application is required then the SEE 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 dwellings for short term rental 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.  The proper us of existing dwellings for short term rental will not undermine this.

(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 this land use lawfully.  The Byron experience suggests it is widespread and occurs without proper controls. This change to the LEP will permit it to happen openly and to be better controlled.

(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 – the LEP amendment will require consideration of the physical environment in which the development will be located (if a development application is required).

(f)      the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities – short term rental 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 short term rental 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).  The LEP changes will limit 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).

Certain land affected by this proposal is located within the coastal zone, which affects the eastern half of Byron Shire.

It is consistent with the NSW Coastal Policy as there is minimal likelihood of physical impact on the environment and where a development is not minor it will require an assessment through a development application.  If any land in Byron Shire affected by coastal erosion is proposed for short term rental 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 short term rental accommodation.

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 (and other purposes) where dwellings are permitted. However, it will not alter zone boundary or create a new zoned area. There is unlikely to be any impact on public transport as a result of this planning proposal.

Consistent.

3.5     Development Near Licensed Aerodrome

Applies when a relevant planning authority prepares a planning proposal that will create, alter or remove a zone or a provision relating to land in the vicinity of a licensed aerodrome.

The main requirements of the Direction are that Council 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.

However, it is about increasing the uses for existing dwellings and will not increase densities or create obstacles in proximity to the 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.  Byron LEP 2014 already contains a flood planning clause that would apply to short term rental accommodation if it were proposed on land that is flood prone.

Given that attached dwellings are already permitted in the affected zones, the planning proposal will not permit significant development on flood prone land (beyond that already permitted).

The use of dwellings for short term rental accommodation is consistent with the Floodplain Development Manual 2005, and there is unlikely to be a net increase in demand for flood rescue services for sites where it is approved.

Consistent.

4.4     Planning for Bushfire Protection

Applies when a relevant planning authority prepares a planning proposal that will affect, or is in proximity to land mapped as bushfire prone land.

In the preparation of a planning proposal the relevant planning authority must consult with the Commissioner of the NSW Rural Fire Service following receipt of a gateway determination under section 56 of the Act, and prior to undertaking community consultation in satisfaction of section 57 of the Act, and take into account any comments so made.

A planning proposal must:

(a)  have regard to Planning for Bushfire Protection 2006,

(b)  introduce controls that avoid placing inappropriate developments in hazardous areas, and

(c)  ensure that bushfire hazard reduction is not prohibited within the APZ.

A planning proposal must, where development is proposed, comply with the following provisions, as appropriate:

(a)  provide an Asset Protection Zone (APZ) incorporating at a minimum:

(i)   an Inner Protection Area bounded by a perimeter road or reserve which circumscribes the hazard side of the land intended for development and has a building line consistent with the incorporation of an APZ, within the property, and

(ii)  an Outer Protection Area managed for hazard reduction and located on the bushland side of the perimeter road,

(b)  for infill development (that is development within an already subdivided area), where an appropriate APZ cannot be achieved, provide for an appropriate performance standard, in consultation with the NSW Rural Fire Service.  If the provisions of the planning proposal permit Special Fire Protection Purposes (as defined under section 100B of the Rural Fires Act 1997), the APZ provisions must be complied with,

(c)  contain provisions for two-way access roads which link to perimeter roads and/or to fire trail networks,

(d)  contain provisions for adequate water supply for fire fighting purposes,

(e)  minimise the perimeter of the area of land interfacing the hazard which may be developed,

(f)  introduce controls on the placement of combustible materials in the Inner Protection Area.

Some parts of the land 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 short term rental accommodation.

Early consultation with the Commissioner of the NSW Rural Fire Service resulted in changes to the exempt development provisions as they relate to short term rental 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 short term rental 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 when the gateway determination has been received.  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 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.

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

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.4 - 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 it is implemented properly.  A dwelling would normally exist on the subject land.  If the proposed activity is minor it will be exempt development. If 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, such as managing on-site effluent disposal in a rural setting, can 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 short term rental accommodation and the style and location of structures.  Council will need to consider this in any DA. The planning proposal will allow dwellings to be used for tourist accommodation as well as normal residential use. This has 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?

The additional use is based on existing dwellings which typically would be adequately served by water and sewerage or on-site sewage management.  Power and telephone will usually be linked to the existing dwelling (if not also self-sufficient, eg solar or mobile phone).  Section 94 contributions may be applicable to development applications for short term rental 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.[M1] 

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.

October /November 2015

Public exhibition of planning proposal.

Government agency consultation.

December 2015

Analysis of public submissions.

Preparation of Council report.

February 2016

Public submissions report to Council.

February 2016

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 permit short term rental accommodation either with consent or as exempt development.

The preferred method to achieve this will be to add a new local provision (clause 6.10) and to 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 section 117 Directions.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix 1

Short Term Rental Accommodation Action Plan

(BSC#E2015/28038)


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.4 - Attachment 1

 

Short Term Rental Action Plan Cover Page 



BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy              13.4 - Attachment 1

 

 

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

E2015/14847

 

Adopted at Ordinary meeting 30/4/15 with amendments as per resolution 15-186

E2015/28038

May 2015

Revised Action Plan in accordance with Council resolution 15-186

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy              13.4 - Attachment 1

 

Introduction

 

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.  Council considered a report on the submissions at the 30 April 2015 meeting.  As a result of the issues raised in submissions and Council’s resolution (15-186), the draft planning controls and actions have been revised. The Byron Shire Short Term Rental Accommodation Action Plan details the revised actions and planning controls.

 

Overall the planning controls have been simplified; duplication with the Holiday Rental Code of Conduct has been removed but only so far as to ensure those elements that are important to maintaining neighbourhood amenity are clearly addressed.

 

Key changes include:

·    Renaming to ‘Short Term Rental Accommodation’ (STRA) consistent with other councils

·    Broadening definition of STRA from ‘dwelling house’ to ‘dwelling’

·    Including a new exempt development clause to ensure development, if part of a community or strata scheme, has prior written approval of the owners’ corporation of that scheme.  This is already a requirement for any development application. This clause is modelled on the Wyong Council’s exempt provision.

·    Removing occupant type ie. adult to avoid discrimination and numbers simplified to ‘2 occupants per bedroom’, excluding children under 5 years of age 

·    Consolidating complying and development assessment planning controls as all development assessment and retaining exempt controls:

1.   Exempt: will allow property owners of dwellings with 3 bedrooms or less, who want to rent their property out for less than 90 days in any one year and live there for the remainder of the year; caps number of occupants to 2 per bedroom, excluding children under 5 years of age.

2.   Development Application: provides for dwellings of any size where the dominant use of the dwelling is short term rental accommodation; caps number of occupants as 2 occupants per bedroom, excluding children under 5 years of age; it is also for dwellings up to 3 bedrooms that cannot comply with the exempt provisions.


Byron Shire Short Term Rental Accommodation (STRA) Action Plan

 

Action

What

Who / When / Cost

1.   Amend Byron LEP 2014

1a.   Insert exempt provisions in Schedule 2 for Short Term Rental Accommodation (STRA), as detailed in Table 1 below.

Council prepares a Planning Proposal to amend the Byron LEP 2014, refer to the Department of Planning and Environment for gateway determination, and publicly exhibit and report to Council as required under the EPA Act 1979 and Regulation 2000.

Time frame: May to December 2015.

Cost: existing budget

 

1b.   Insert new clause 6.10 Short Term Rental Accommodation, as detailed in Table 2 below to enable development applications.

1c.   Insert Serviced Apartments in Zone B4 Mixed Use as permissible with development consent.

        Serviced apartments are already permitted in the B3 Medium Density, B2 Local Business and the SP3 Tourist zones. The B4 Mixed Use zone permits a range of commercial and residential uses including shop top housing, residential flat buildings and hotel and motel accommodation. Given the range of uses that are already permitted in the B4 zone it is appropriate to permit serviced apartments.

1d.   Insert Tourist and Visitor Accommodation in the RU2 and RU1 Zones as permissible with consent, and list motel and hotel accommodation, Backpackers and Serviced Apartments as prohibited.

        This will enable rural cabin type proposals which don’t fall into the category of ‘farmstay accommodation’, which means a building or use that provides temporary or short term accommodation to paying guests on a working farm as a secondary business to primary production.

1e.   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.

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

 

1g.   Prepare draft conditions of development consent, as detailed below.

2.   Amend Byron DCP 2014

2a.   In Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access, Table B4.1, include car parking rates for STRA and include reference to stacked parking for bed and breakfast, as detailed in Table 3 below.

Council prepares the relevant DCP amendments, publicly exhibit and report to Council as required under the EPA Act 1979 and Regulation 2000

Time frame: May to December 2015.

Cost: existing budget

 

2b.   Chapter D3 Tourist Accommodation:

i.    include new clause D3.3.8 Short Term Rental Accommodation, as detailed below,

ii.    amend clause D3.3.7 Serviced Apartments to include prescriptive measures, as detailed below,

iii.   amend clause D3.3.2 Bed and Breakfast Accommodation to enable 5 bedrooms and 10 guests.

2c.   Amend Part A, Appendix A.1, to include new definition for STRA.

2d.   Amend the Byron Shire Development Control Plan 2014 – Part A – Preliminary, Table A3 – Level 1 Notification to include STRA requiring notification to adjoining property owners and 14 days exhibition period.

3.   Develop a register

3a.   Investigate whether a nominal fee can be charged for registration and to cover the cost of establishing and maintaining the register in accordance with appropriate legislation.

        A requirement for all exempt development and development approvals is that the dwelling be registered on Council’s register prior to the initial period used.

Council’s Development Assessment and Compliance Section with IT.

Timeframe: May to September 2015.

Cost: development of the register may require additional funding.  If required this will be reported to Council post the scoping analysis.

3b.   Undertake a scoping analysis to determine register design and what’s feasible within Council’s IT systems.

3c.   Develop web based register for STRA.

4.   Investigate rating of properties

4a.   Councils Finance Section to be kept up to date on changes to Councils planning controls and advised of any applications approved for STRA including properties registered.

Council’s Environment and Economic Planning Section and Development Assessment and Compliance Section within the Sustainable Environment and Economic Directorate

Timeframe: Ongoing

Cost: existing budgets

5.   Compliance

5a.   With adoption and implementation of Controls, Council will need to ensure compliance with planning provisions. Additional Council resources may be required during peak holiday periods to respond to after hour complaints and to collect evidence.

Council’s Development Assessment and Compliance Section within the Sustainable Environment and Economic Directorate

Timeframe: Ongoing

Cost: funds may be required to provide additional resources

5b.   Land owner or appointed property manager must be contactable 24 hours 7 days a week and to be able to respond within 30minutes to complaints regarding the action of tenants and in particular issues pertaining to noise and residential amenity

Land Owner or appointed property manager

Timeframe: Ongoing

 

5c.   Neighbours of separate dwellings to the subject dwelling can contact the land owner or appointed property manager in the first instance to report any complaints.

        In the event that the land owner or appointed property manager does not respond to the complaint, neighbours should call the police or Council.

STRA neighbours

Timeframe: Ongoing

 

6.   Holiday Rental Code of Conduct

6a.   Council acknowledges that the Holiday Rental Code of Conduct was developed by a consortium of stakeholders.

Council

Timeframe: April 2015

Cost: existing budget

1.  

6b.   Council accept the invitation from Holiday Rental Industry Association (HRIA) to become a supporting organisation and to enter a MOU with HIRA in accordance with Section 1.5 of the Holiday and Short Term Rental Code of Conduct

6c.   Council reference the Holiday Rental Code of Conduct endorsed by NSW Department of Planning and Environment (DoPE) in the planning controls.

        Council write to the DoPE requesting to be consulted on any future reviews of their endorsed Holiday Rental Code of Conduct and that further wording be included in section 3.4 Security Deposits or Bonds as follows: ‘Make effective and fair use of security deposits and bonds to produce compliance.  Bonds should not be less than $250 per adult per letting’

7.   Moratorium

7a.   Council allow a one year moratorium upon the LEP amendment being made for land owners/managers of existing STRA to comply with exempt or development consent provisions.

        The moratorium is for applying to use the dwelling for STRA.  Complaints relating to noise or amenity issues are not covered by this moratorium.

        A Council resolution will be required to direct Council’s Compliance Staff to take no action at the point of council resolving to make the LEP amendment for the first 12mths.

Council

Timeframe: one year post gazettal of the LEP amendment

Cost: existing budgets

8.   Develop information sheets and website content

8a.   Develop information sheets to assist land owners, property managers and neighbours understanding of the planning controls 

Council

Timeframe: prior to LEP amendments being gazetted

Cost: existing budgets

8b.  Update information on Council’s website in relation to STRA

8c.   Provide information to various holiday rental organisations eg. HLO, STAYZ, WOTIF, real estate agents etc on Councils STRA Action Plan and Planning Controls.

9.   Develop sign template

9a. Develop an A3 signage template for use by landowners/managers in accordance with the planning controls

Council

Timeframe: prior to LEP amendments being gazetted

Cost: existing budget

10. Review Action Plan and effectiveness of planning controls

10a. Twelve months from adoption of the Action Plan prepare a status report to Council on the progress of implementing the actions.

Council

Timeframe: April 2016

Cost: existing budgets

10b. Review the effectiveness of planning controls within 18months of their gazettal.

 

Council

Timeframe: 18mths post gazettal of planning controls

Cost: existing budgets

10c. Develop an Authority Data Report on key indicators such as number of registered properties; number of exempt and DAs; number of complaints and action taken etc for reporting to Council in line with the 18mth review of the Action plan

Council

Timeframe: prior to LEP amendments being gazetted

Cost: existing budgets

 

 


Amend Byron LEP 2014

Action Plan 1a:        Insert exempt provisions in Schedule 2 for Short Term Rental Accommodation (STRA), as detailed in Table 1

 

Table 1: Exempt Planning Controls

Exhibited Exempt Controls

Revised Exempt Controls post exhibition

(1)   In this clause short term holiday accommodation is tourist and visitor accommodation in a dwelling that provides short term accommodation on a commercial basis, but excludes backpackers accommodation, bed and breakfast accommodation, farm stay accommodation, hotel or motel accommodation, and serviced apartments.

Definition simplified and broadened

(1)   In this clause short term rental accommodation is an existing dwelling that provides short term accommodation to tourists and visitors on a commercial basis, for less than 90 days in any one calendar year

 

(2)   The subject dwelling house must be located in a zone where dwelling houses are permitted under Byron LEP 2014,

Minor change

(2)   The subject dwelling must be located in a zone where dwellings are permitted under Byron LEP 2014,

(3)   Only during Australian public school holiday periods and for less than 90 days in any one calendar year,

Deleted

 

New

(4)   The dwelling must not contain more than 3 bedrooms,

Note: where dwellings are designed with studies/ offices and other areas capable of being utilised as separate sleeping quarters these may be counted as bedrooms

(4)   To facilitate family holidays:

I.       The maximum number of occupants is 10

II.      The number of occupants 16 years or over is restricted to 2 per bedroom up to a maximum of 8 occupants for 4 or more bedrooms

Changed

(5)   The maximum number of occupants is 2 per bedroom, excluding children under 5 years of age,

 

 

(5)   Garbage and recycling bins to be provided, serviced and managed on a regular basis,

No change

(6)   Garbage and recycling bins to be provided, serviced and managed on a regular basis,

 

New (as per Wyong’s LEP 2013)

(7)   If the development is part of a community or strata scheme, the development must have the prior written approval of the owners’ corporation for that scheme,

 (6) If the dwelling is located in a bush fire prone area, a bush fire evacuation plan must be attached to the dwelling in a prominent location,

(8)   Prior to commencement a Bushfire Safety Authority under S.100B of the RFS Act 1997 is required on land identified as bush fire prone,

Comment: Any approval from the RFS under this section of the act would require investigation of the need for an evacuation plan

(7)   The dwelling house must have hard wired smoke alarms, evacuation lighting, fire blanket and extinguisher in kitchen.

No change

(9)   The dwelling must have hard wired smoke alarms, evacuation lighting, fire blanket and extinguisher in kitchen,

No change

(8)   Carparking to comply with Part B4 Byron Shire DCP 2014

Provisions would need to be included in DCP Chapter B4 Table B.41 as follows:

No. of bedrooms

Parking

1-2

1 space

3-4

2 spaces

>5

3 spaces

Stacked parking, one vehicle behind the other, can be used to achieve the parking requirements.

No change

(10)   Carparking to comply with Part B4 Byron Shire DCP 2014,

 

No change

(9)   There must be no more than 2 substantiated complaints to the Council concerning the holiday letting activities taking place on the property from the occupiers of separate dwellings located within the proximity of the subject dwelling within the preceding 12 months

Minor change

(11) There must be no more than 2 substantiated complaints to the Council concerning the short term rental activities taking place on the property from the occupiers of separate dwellings located within the proximity of the subject dwelling within the preceding 12 months,

No change

(10)   Only where use does not interfere with the amenity of the neighbourhood to the extent that Council could issue a Notice, Order or Direction. 

Change

(12) The use of the dwelling for short term rental accommodation is to not impact on the residential amenity expected to be enjoyed by surrounding residents. Use to comply with the Protection of the Environment Operations Act 1997 and associated Noise Regulations,

Comment: consistent with controls that may be applied to STRA that requires a development application.

(11) The owner/manager must register the use of the dwelling house for short term holiday accommodation on Council’s register prior to the initial period used and then updated for each subsequent period used.

Minor change

(13) The owner/manager must register the use of the dwelling for short term rental accommodation on Council’s register prior to the initial period used,

(12) The use of the dwelling house for short term holiday accommodation must abide by the REINSW Holiday Rental Code of Conduct

Minor change

(14) The use of the dwelling for short term rental accommodation must comply with the Holiday Rental Code of Conduct endorsed by the Department of Planning,

(13) The land owner or appointed property manager (eg Real Estate Agent) must be contactable 24 hours 7 days a week and to be able to respond within 30minutes in person to complaints regarding the action of tenants and in particular issues pertaining to noise and residential amenity. 

Minor change

(15) The land owner or appointed property manager (eg Real Estate Agent) must be contactable 24 hours 7 days a week and to be able to respond within 30 minutes to complaints regarding the action of tenants and in particular issues pertaining to noise and residential amenity,

(14) A sign with an area of 0.5 m2 to be placed on the front gate, letterbox or some other location which can clearly be seen from the public domain (eg footpath) advising the public of the land owners or property managers details including telephone number to enable complaints to be readily made and wording to advise that the property is ‘Registered with Byron Shire Council’.

Minor changes

(16)  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’,

 

(15) The land owner or appointed property manager must maintain a logbook to record the number of quests and their dates of stay.

Delete

Comment: Required by Holiday Rental Code of Conduct

Additional clauses from 26 March 2015 Councillor workshop to ensure consistency with controls that may be applied to STRA that requires a development application.

(17) Additional accommodation is not to be provided on site by way of tents, (including tee pees) caravans, campervans or the like,

(18) Outdoor areas including swimming pools, spas, outdoor decking and balconies are not to be used between the hours of 10pm and 8am,

(19) Visitors permitted at a property are not to exceed 6 persons between 8am and 10pm and no visitors are permitted after 10pm.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.4 - Attachment 1

 

Action Plan 1b:       Insert new clause 6.10 Short Term Rental Accommodation, as detailed in Table 2 to enable development applications

 

Table 2: Byron LEP 2014 Clause 6.10 Short Term Rental Accommodation

Exhibited Development Consent Controls

Revised controls post exhibition

(1)  The objective of this clause is to require development consent for the temporary use of a dwelling house as short term holiday accommodation.

Minor change

(1)The objective of this clause is to require development consent for the temporary use of a dwelling as short term rental accommodation,

 

(2)  The subject dwelling must be located in a zone where dwelling houses are permitted under Byron LEP 2014.

Minor change

(2)  The subject dwelling must be located in a zone where dwellings are permitted under Byron LEP 2014,

(3)  In this clause short term holiday accommodation is tourist and visitor accommodation in a dwelling house that provides short term accommodation on a commercial basis, but excludes backpackers accommodation, bed and breakfast accommodation, farm stay accommodation, hotel or motel accommodation, and serviced apartments

Definition simplified and broadened

(3) In this clause short term rental accommodation is an existing dwelling that provides short term accommodation to tourists and visitors on a commercial basis,

 

(4) Only where the use of the dwelling for short term rental accommodation is dominant  to its use as residential accommodation or it cannot meet the exempt provisions

(4)  Despite any other provision of this Plan, development consent may be granted for the use of a dwelling house as short term holiday accommodation.

Minor change

(5) Despite any other provision of this Plan, development consent may be granted for the use of a dwelling as short term rental accommodation,

(5)  The maximum number of occupants is 2 per bedroom with no more than 8 occupants 16 years or older for 4 or more bedrooms and with no more than 10 occupants in total.

Change

(6) The maximum number of occupants is 2 per bedroom, excluding children under 5 years of age..

 

 

 

 


Action Plan 1f:         Insert exempt provisions in Schedule 2 for 1 bedroom bed and breakfast establishments, as detailed below

 

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 a Bushfire Safety Authority under S.100B of the RFS Act 1997 is required on land identified as bush fire prone

 

 


Action Plan 1g:       Prepare draft conditions of consent, as detailed below

 

Conditions of consent which may be imposed include:

a)   Under Clause 80(1) (d) of the EP&A Act 1979 Council may impose time limited development consent. Approval may be initially granted for a period of 1 year to ensure the property is managed effectively and there are minimal impacts on neighbours. At the end of the period, consent may be sought for a longer timeframe. Where two substantiated complaints of a serious nature that impacted on neighbouring properties have been received, an extension of the consent may not be granted. [s2] 

b)   The use of the dwelling for short term rental accommodation must abide by the Holiday Rental Code of Conduct endorsed by the Department of Planning. Details are to be provided to the tenant of their rights and responsibilities.

c)   Outdoor areas including swimming pools, spas, outdoor decking and balconies are not to be used between the hours of 10pm and 8am.

d)   The use of the dwelling for short term rental is to not impact on the residential amenity expected to be enjoyed by surrounding residents. Use to comply with the Protection of the Environment Operations Act 1997 and associated Noise Regulations.

e)   The maximum number of occupants is 2 per bedroom excluding children under 5 years of age.

f)    Visitors permitted at a property not to exceed 6 persons between 8am and 10pm. No visitors permitted after 10pm.

g)   The maximum number of vehicles that can be parked on the premises at any time.

h)   Measures to ensure effective communication to occupants of the conditions of registration and emergency management procedures

i)    The land owner or appointed property manager (eg Real Estate Agent) must be contactable 24 hours 7 days a week and to be able to respond within 30minutes to complaints regarding the action of tenants and in particular issues pertaining to noise and residential amenity. 

j)    An A3 size sign in accordance with Council’s template is 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’.

k)   Appropriate tenancy agreement between occupants and the land owner specifying the obligations of both parties in relation to the conditions of operation for the property as a holiday home.

l)    Additional accommodation not to be provided on site by way of tents, (including tee pees) caravans, campervans or the like.

m)  The dwelling must not be used as a ‘party house’.

n)   Any gatherings or celebrations at the dwelling must comply with the Holiday Rental Code of Conduct as endorsed by Department of Planning and any other relevant planning approvals.


Amend Byron DCP 2014

Action Plan 2a.        Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access, Table B4.1 – include car parking rates for STRA and include reference to stacked parking for bed and breakfast, as detailed below

 

 

Table 3: Car Parking Rates

Land Use

Car parking

Bicycle Spaces

Short Term Rental Accommodation

 

 

 

 

 

 

 

 

 

No. of bedrooms

Parking

1-2

1 space

3-4

2 spaces

>5

3 spaces

 

Stacked parking permitted for 1 vehicle.

 

 

No specific rates


Action Plan 2b.        Chapter D3 Tourist Accommodation

                        i.          include DCP provisions for STRA, as detailed below

 

D3.3.8 Short Term Rental Accommodation

 

Objectives

 

1.   To ensure that the design and operation of Short term rental accommodation is compatible with the amenity and character of the locality and considers potential impacts of the use on the adjoining and nearby residents’ enjoyment of their residences.

 

Performance Criteria

1.       The design and operation of short term rental accommodation must not adversely affect the amenity of the precinct in which it is located.

 

Prescriptive Measures

Short term rental accommodation must:

 

a)    not be for any tenancy greater than 90 consecutive days;

b)    provide car parking in accordance with Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access;

c)    have no more than 2 substantiated complaints to the Council concerning the short term rental activities taking place on the property from the occupiers of separate dwellings located within the proximity of the subject dwelling within the preceding 12 months;

d)    provide garbage and recycling bins that are serviced and managed on a regular basis;

e)    ensure that on-site effluent treatment systems are adequate for short term rental accommodation of dwellings;

f)     provide a bush fire evacuation plan, if the dwelling is located in a bush fire prone area and the plan must be attached to the dwelling in a prominent location; (NB. An approval may also be required under Section 100B of the Rural Fires Act 1997. This can be sought concurrently with the development application.)

g)    register the use of the dwelling for STRA on Council’s register prior to commencement and maintain registration;

h)    the maximum number of occupants is 2 per bedroom excluding children under 5 years of age.

i)      provide details on an A3 size sign  in accordance with Council’s template, 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’.

j)      ensure use of the dwelling for short term rental accommodation complies with the Holiday Rental Code of Conduct endorsed by Department of Planning. 

k)    submit a copy of the Complaints Handling Policy, House Rules and contact details of the land owner or appointed property manager (eg Real Estate Agent) who must be contactable 24 hours 7 days a week and to be able to respond within 30 minutes to complaints regarding the action of tenants and in particular issues pertaining to noise and residential amenity with the development application

l)      provide management measures for dogs and other pets in pet friendly accommodation;

m)   ensure additional accommodation is not provided on site by way of tents, (including tee pees) caravans, campervans or the like;

n)    ensure outdoor areas including swimming pools, spas, outdoor decking and balconies are not used between the hours of 10pm and 8am;

o)    where dwellings include existing outdoor entertainment areas, swimming pools and spas bath areas and other features that have the potential to impact on neighbourhood amenity from excessive use, they may need to be retrofitted with sound fencing, privacy screening and the like. 

p)    ensure visitors permitted at a property don’t exceed 6 persons between 8am and 10pm and that no visitors are permitted after 10pm.


Action Plan 2b         Chapter D3 Tourist Accommodation

                         ii.        amend clause D3.3.7 Serviced Apartments to include prescriptive measures, as detailed below

 

Prescriptive Measures

 

a)    not be for any tenancy greater than 90 consecutive days;

b)    provide car parking in accordance with Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access;

c)    provide garbage and recycling bins that are serviced and managed on a regular basis;

d)    register the use of the dwelling for STRA on Council’s register prior to commencement and maintain registration;

e)    provide details on an A3 size sign in accordance with Council’s template 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’.

f)     The use of the dwelling for short term rental accommodation to comply with the Holiday Rental Code of Conduct as endorsed by Department of Planning. 

g)    Submit a copy of the Complaints Handling Policy, House Rules and contact details of the land owner or appointed property manager (eg Real Estate Agent) who must be contactable 24 hours 7 days a week and to be able to respond within 30minutes to complaints regarding the action of tenants and in particular issues pertaining to noise and residential amenity with the development application


Action Plan 2c:        Amend Part A, Appendix A.1, to include new definition of STRA

 

 

      Short Term Rental Accommodation is an existing dwelling that provides short term accommodation on a commercial basis.

 

 

 

 


Action Plan 8.1:       Develop information sheets to assist land owners, property managers and neighbours understanding of the planning controls 

 

Short term Rental Accommodation - Clarifications

Short term rental accommodation (STRA) is the letting of a dwelling for any tenancy less than 90 consecutive days.

 

Only those dwellings that charge rent need to comply with Council’s planning controls.

 

Dwellings let long term under the Residential Tenancies Act 2010, are not short term rental accommodation.

 

If you want to operate a STRA, for any tenancy up to 90 consecutive days you will need to be registered with Council and registration is to be kept up to date.

 

If you operate a STRA for less than 90days in any one year that is three bedrooms or less, it will generally be exempt from requiring development approval, however you will still need to comply with the exempt provisions including registering the property with Council.

 

Existing STRA have one year from the start of the new planning controls to comply.

 

It will be an offence to operate a STRA without registration and or approval.  Fines may apply.

 

There are two forms of development holiday homes can operate under:

1.   Exempt: will allow property owners of dwellings with 3 bedrooms or less, who want to rent their property out for less than 90 days in any one year and live there for the remainder of the year; caps number of occupants to 2 per bedroom, excluding children under 5 years of age.

2.   Development Application: provides for dwellings of any size; caps number of occupants as 2 occupants per bedroom excluding children under 5 years of age; it is also for dwellings up to 3 bedrooms that cannot comply with the exempt provisions;

Owners of holiday homes will be required to nominate a manager who will be responsible for the dwellings day to day management.  Owners can nominate themselves as the manager or a real estate agent or other person, but any manager must be locally available when the holiday home is operating.

An A3 size sign, in accordance with Council’s template, is to be placed on the front gate, letterbox or some other location which 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’.

More than two substantiated complaints could result in registration and or development consent not being approved.

 


Frequently asked questions (FAQs)

 

Council fees and charges

 

What will a development application (DA) cost me?

The use of a home for STRA would be a ‘change of use’ and charged in accordance with Council’s fees and charges. Current fees are $285 for the DA plus $95 advertising fee to notify neighbours.  In addition, an occupation certificate would be required which can be issued either by Council or a private certifier. Council currently charges $160/hr, minimum 1 hour. The certificate must be registered with Council; the fee to register is $36.

 

How long will Council take to process the development application?

Council will generally process the development application within 6 weeks however the time taken to process the application will depend on the information provided by the applicant and the requirement to consult with State Government Agencies.

 

Will my Council rates change?

Where the home is available for short term rental accommodation as the dominant use then business rates may be charged.

 

Where the use of the home for short term rental accommodation is for less than 90days in any one year then it should retain a residential rate.

 

If the short term rental accommodation changes back to primarily residential accommodation then the rates would change back to a residential rate upon the owner/manager notifying Council.

 

What do business and residential rates cost?

Council rates include an ordinary rate and annual charges for sewer supply, water supply, stormwater and waste services.

 

The ordinary rate is calculated using the unimproved capital value of the property, issued by the NSW Valuer General’s Office for rating purposes, multiplied by either the business or residential rate in the dollar as follows:

 

Type of rate

Rate in the dollar

Business

 

0.004245

Residential

 

0.002830

 

To calculate the ordinary rate for your property go to Council’s on line rate calculator:

 

http://www.byron.nsw.gov.au/forms/rates-calculator-for-2014-15

 

These rates in the dollar refer to Rates levied for 2014/2015. These rates are made by Council each financial year.

 

 

Noisy Neighbors

 

What times are residential noise restrictions in place?

There are time restrictions on when noise from a residential premise should not be heard inside a neighbour's residence. The state government’s Department of Environment and Heritage website outlines these times:

http://www.environment.nsw.gov.au/askenvironmentlineapp/question.aspx?qaId=ael-197

 

For example:      

Noise source

Time restrictions

Swimming pool and spa pumps

8 pm to 8 am on Sundays and public holidays

8 pm to 7 am on weekdays and Saturdays

Music

Midnight to 8 am on Friday, Saturday or any day preceding a public holiday

10 pm to 8 am on any other day

Air conditioner or water heater

10 pm to 8 am on weekends and public holidays

10 pm to 7 am on weekdays

Motor vehicles (except when entering or leaving residential premises)

8 pm to 8 am on weekends and public holidays

8 pm to 7 am on weekdays

 

If someone is making noise during restricted times, what can I do?

Call the owner/manager of the holiday home. All holiday homes will be required to have a sign clearly visible to the public with the contact number of the owner/manager who is to respond to all complaints within 30minutes.

 

One of the main objectives is for owners/managers to responsibly manage the use of their holiday home and to put measures in place to ensure that their guests respect the amenity of the neighbourhood environment and understand it’s a residential area they are residing in not a tourist resort.

 

What happens if the manager/owner does not respond to my complaint?

In the event that the manager/owner does not respond to the complaint, neighbours can call the police or Council. Where more than two substantiated complaints have been made to Council the owner of the property may loose the right to use the house for short term rental accommodation

 

General questions

 

Can’t I already holiday let my home?

A recent court case found that where the use of a home is not sufficiently permanent to comprise a family home, that is it is primarily available to tourist and visitors, the dwelling becomes tourist and visitor accommodation. Tourist and visitor accommodation, other than bed and breakfast establishments, is currently prohibited in the R2 Low Density Residential zone. There is a risk that should Council not address this matter in its planning controls, then operators of holiday homes could be taken to court by either Council or third parties (eg community group, neighbour) for operating contrary to Council’s planning controls.

 

 

Need help?

If you have any enquires please talk to a Council planner on 02 6626 7126

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.4 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                         13.4 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.4 - Attachment 6

 

Local Government (General) Regulation 2005


Schedule 3A     Form of special disclosure of pecuniary interest

(Clause 195A)

Section 451 of the 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. The special disclosure must relate to a pecuniary interest that arises only because of an interest of the councillor in the councillor’s principal place of residence or an interest of another person (whose interests are relevant under section 443 of the Act) in that person’s principal place of residence. 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 Civil and Administrative 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)]


Report No. __________ 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)1

 

 

 

 

 

 

 

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)2

[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.)

 

 

1    Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative 4 or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

      Section 442 of the Local Government Act 1993 provides that a "pecuniary interest" is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

2    A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest-see section 448 (g) (ii) of the Local Government Act 1993 .

3    "Relative" is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 4

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 4

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 4

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 4

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 4

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 4

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 5

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 5

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 5

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 5

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 5

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 6

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 6

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 6

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 6

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 6

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Staff Reports - Sustainable Environment and Economy                         13.5 - Attachment 6

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Staff Reports - Sustainable Environment and Economy                                                   13.5 - Attachment 6

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                   13.7 - Attachment 1

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Staff Reports - Infrastructure Services                                                   13.7 - Attachment 2

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Staff Reports - Infrastructure Services                                         13.7 - Attachment 3

 

BSC File No:  #E2015/66808

Your ref: 

Contact:  Deanna Savage

 

19 October 2015

 

 

 

 

Manager

Crown Lands Newcastle

PO Box 2215

Dangar NSW 2309

 

 

 

 

To The Manager at Crown Lands Newcastle,

 

Byron Shire Council, has over the past few weeks, been discussing, with your department, the potential further closure of Byron Shire Council Road Reserves in DP11632.  Enquiries into this matter has produced an opinion from a member of your department that Council will further be required to produce evidence of how Council obtained title to the land and how the subject land became road.  Council has previously successfully closed and sold parts of DP11632 and seeks to close the whole of DP11632. 

 

Council has recently been informed in writing, letter enclosed, by Peter Blair, Deputy Manager, Property & Litigation Branch, Legal Services, that the status of road and lanes in DP11632, operated to vest, on registration of the plan, those roads and lanes in the then local Council, being Byron Shire Council.  Council endeavoured to seek this clarification in writing and will be relying on this for any future applications for closure of Council road/lanes in DP11632.

 

 

Yours sincerely

 

 

 

Phillip Holloway

Director Infrastructure Services

 

Encl. Letter Peter Blair

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                          13.7 - Attachment 4

 

 

 

 

 

 

 

 

 

BSC_RGB

 
 

 

 

 

 

 

 


                                                                                                                    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BYRON SHIRE COUNCIL

 

 

 

POLICY NO 4.20

 

 

Building Over Pipelines and Other Underground Structures

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                   13.7 - Attachment 4

INFORMATION ABOUT THIS DOCUMENT
(INTERNAL USE ONLY)

 

Date Adopted by Council

29/3/97

Resolution No.

 

Policy Responsibility

Water and Recycling Management Services

Review Timeframe

As required

Last Review Date:

July 2009

Next Scheduled Review Date

 

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

#633505

23/3/99

 

#824509

2/7/09

Amended draft reported to Council Res 09-537

#906135

8/10/09

Adopted Res No. 09-798

 

Further Document Information and Relationships

Related Legislation

Protection of  the Environment - Operations Act, Local Govt. Act, Public Health Act

Related Policies

Council’s Policy No. 5.60 “Unauthorised Development and Activities”

Related Procedures/ Protocols, Statements, documents

 

 


 

TABLE OF CONTENTS

 

1.    OBJECTIVES............................................................................................................................... 1

2.    POLICY STATEMENT................................................................................................................. 1

3.    POLICY DETAIL........................................................................................................................... 1

4.    EXCEPTIONS.............................................................................................................................. 3

5.    DISCIPLINARY ACTIONS........................................................................................................... 3

6.    DEFINITIONS............................................................................................................................... 3

7.    AUSTRALIAN STANDARDS....................................................................................................... 4

APPENDIX “A”..................................................................................................................................... 5

APPENDIX “B”..................................................................................................................................... 6

APPENDIX “C”.................................................................................................................................... 7

APPENDIX “D”.................................................................................................................................... 8

APPENDIX “E”................................................................................................................................... 10

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                   13.7 - Attachment 4

 

Policy 4.20

 

POLICY TITLE

BUILDING OVER PIPELINES AND OTHER UNDERGROUND STRUCTURES

 

 

FILE REFERENCE

COR050505

 

 

 

 

1.   OBJECTIVES

1.1.    To set out the conditions under which easements are created for underground pipelines and structure including sewer lines.

 

1.2.    To set out the conditions under which excavations, cutting or filling of land or the erection of any structure over or near easements, pipelines and other underground structures may be permitted (except drainage easements).

1.3.    To protect buildings and the public.

1.4.    To protect and facilitate maintenance of Council’s assets.

1.5.    To indemnify Council against damages caused by the failure of underground structures.

 

2.   POLICY STATEMENT

 

This policy shall provide clear guidelines to developers, consultants and designers and the general public as to what is acceptable to Council with regards to building over or near to sewer mains, water mains, stormwater drainage lines, utilities and structures.

 

3.   POLICY DETAIL

 

3.1.    This policy applies to pipelines and other council owned underground structures.

 

3.2.    This policy does not apply to drainage easements where encroachment of buildings and structure may affect overland stormwater flows.

3.3.    Construction of buildings over or near to Council pipelines generally shall not be allowed.

This is to ensure that access is available to the pipeline and that no load is transferred, or damage caused to pipelines, fittings and structures.

3.4.    In all new subdivisions and/or developments an easement shall be provided for all pipelines (including gravity sewer mains) as follows:

 

Depth to pipe invert                         Minimum width of easement

Up to 1.5m                                          3m plus outside dimensions of pipe

1.5m – 2.5m                    `        4m plus outside dimensions of pipe

Greater than 2.5m                              To be determined by Director.

Low Pressure Sewer Systems                  1.0m Minimum or twice the depth to invert          which ever is the greater/or determined by                                                       Director                                           

 

 

A Section 88B Instrument shall be prepared for each block with an easement and a specimen of this instrument is given in Appendix A.

3.5.    In a case where the pipeline is in an easement, no building works can be carried out in that easement.  Building adjacent to an easement may be subject to conditions such as depth of foundations, footings, etc.  Refer to (3.7) and Figure 2 – Appendix B.


Encroachments

3.6.    Where Council determines that a building’s proposed location, relative to Council pipeline, is within the limits detailed in Figure 1 – Appendix B, the applicant shall furnish a survey accurate plan of the proposal showing the relative location of the building and the pipeline.  It is the responsibility of the owner to determine the exact location of the pipeline which is or may be affected by the proposed building.

There are three options available for the applicant:

a) Relocate Building/Development

The preferred option, is that the building be relocated a minimum of 1.5m clear of any part of a Council pipeline after taking into account the design considerations as detailed in (3.7) below and Figure 1 in Appendix B.

b) Relocate Services

The second option is that the pipelines be relocated a minimum of 1.5m clear of the proposed building, at the owner’s expense and under Council supervision.  Plans and specifications for the work are to be first submitted for approval of the Director, Water and Recycling Management Services.  Design considerations, as detailed in (3.7) below and Figure 1 in Appendix B are applicable.

c) Protection of Services

The least preferred option, is that the applicant is permitted to build near or over the pipeline.  This option can be adopted only in particular circumstances, is not generally available for sewer deeper than 2.5m or trunk sewer mains greater than 150mm in diameter and approval by the Director Water and Recycling Management Services, must be obtained prior to Construction approval being issued.  The restrictions specified in Appendix C shall in general apply if this option is pursued and also Appendix E (Concrete Encasement) in the WSAA Code.

3.7.    In determining any application, submitted under (3.5) and (3.6) above, the Director, Water and Recycling Management Services shall take into account condition of the pipeline, soil characteristics, influence of loads, proximity of existing buildings to the pipeline, access requirements for maintenance and replacement of the pipeline etc.

3.8.    In options in (3.6b) and (3.6c) above, gravity pipelines shall be inspection using CCTV cameras or other suitable method as determined by the Director, Water and Recycling Management Services before and after the construction work is carried out.  Close liaison must be maintained with Council during this period of inspection process to allow witness by a Council inspector.

Council staff require 24 hours notice to arrange an on-site inspection.  All costs associated with these inspections, including the cost of Council’s inspector, shall be borne by the owner.

3.9.    Any damage caused to pipelines as a result of the construction work must be repaired at the owner’s expense, and under Council supervision.  (Note: if the pipe is found to be defective before construction work commences Council shall make every effort to repair the line before issuing the construction approval).

3.10.  Plans and specifications for any construction work proposed on, above or near the pipeline and plans of the proposed building are to be submitted to the Director, Water and Recycling Management Services for approval and endorsement of any additional conditions.  These additional conditions must also be adhered to during construction.

A bond, the value of which will be determined by the director, Water and Recycling Management Services, may need to be furnished by the applicant.  It shall be retained by Council until all works are completed and conditions complied with to the satisfaction of the Director Water and Recycling Management Services.

3.11.  All works covered by (3.10) above must be inspected by Council prior to the pouring of any concrete and / or backfilling.  Council staff require 24 hours notice to arrange an on-site inspection.  All costs associated with inspection by Council staff shall be borne by the owner.

3.12.  The Director, Water and Recycling Management Services may delegate his responsibilities with respect to implementing this policy to other staff members.

4.   EXCEPTIONS

This policy does not apply to developments located on Crown Lands, National Parks, State Rail, State and Commonwealth Authorities.

 

5.   DISCIPLINARY ACTIONS

The provisions of Council’s “Unauthorised Development and Activities” Policy No 5.60 can be utilised where a non-compliance is not resolved to Council’s satisfaction.  This may result, where justified in the issuing of a notice of intention to serve an order or notice under relevant legislation.  The Notice of Order must provide the receiver of the notice with an option to comply with Council’s requirements in order to avoid the actual issuing of an Order of Notice.

(See Council’s Policy No 5.60 “Unauthorised Development and Activities”).

6.   DEFINITIONS

 

“Clay” is a fine grained soil with elastic properties when wet.  Includes gravely, sandy or silty clays.

“Construction” is the excavation, cutting or filling of land or the erection of any structures which includes concrete slabs or paving. A Rainwater Collection Tank is considered to be a construction with regard/respect to this policy.

“Footing” means construction that transfers the load from the building to the foundation.

“Invert” in this instance means the outside edge of the lowest part of the cross section of a pipe.

“Sand” is a granular soil that may contain a small proportion of fines including silt or clay.  The amount of fines may be assessed as small by visual inspection or it the amount that passes at 75 micron sieve is 15% or less, material with a higher proportion of finds shall be treated as silt or clay.

“Silt” is a fine grained soil that is non-cohesive and non-plastic when wet and can include some sand and clay.

“Rock” is a soft material including shaley material and strongly cemented sand or gravel that does not soften in water or collapse under a combination of loading and wetting.  Material that cannot be readily excavated with a backhoe may be taken as rock.

“Zone of influence” a footing would be determined to be within a zone of influence where the invert of the sewer main or the edge of a drainage easement at the invert level of the pipe falls below a line drawn at 45 degrees in clay, or 30 degrees in and or silt, from the underside of the footing.  (See diagram in Appendix B).

 

WSAA” is the abbreviation of Water Services Association of Australia, Code of Practice, which covers both Water Supply and Sewerage.

7.   AUSTRALIAN STANDARDS

 

The Australian Standards that my be relevant to this policy include the following:

AS2159-1995 Piling Code

AS2566-1982 Plastics Pipelaying Design

AS2870-1995 Residential Slabs and Footings

AS3600-1994 Concrete Structures Code

AS3725-1989 Load on buried Concrete Pipes

AS4058-1992 Precast Concrete Pipes

AS4060-1992 Loads on Buried Vitrified Clay Pipes

AS4139-1993 Fibre-reinforced Pipes and Fittings

 


APPENDIX “A”

 

Specimen S88B instrument when creating an easement

 

Instrument setting out the Terms of Easements and Restrictions on use intended to be Created Pursuant to Section 88B of the Conveyancing Act, 1919.

 

Part 2

 

Terms of easement for sewer gravity main ______________________ referred to in the abovementioned plan.

 

a)   Full and free right and liberty to the Council, its servants, agents or contractors together with implements and machinery to enter upon the land to lay, maintain, alter, enlarge or duplicate pipes, manholes, junctions and sidelines.

b)   The Council shall be responsible for the cost of any work in connection with the construction, maintenance, alteration, enlargement or duplication of any pipes manholes junctions or sidelines.  Such responsibility shall not extend to any damage caused to the pipeline and / or structures as a direct consequence of the actions of the landowner or his/her agents. Such damages shall be repaired at the owner’s expense.

c)   The registered proprietor of the land or his/her agent shall not plant any trees or shrubs within the area noted as an easement for sewer main.

d)   The registered proprietor shall not erect, construct or place upon the land burdened any building, outbuilding, garden shed or other structure whatsoever. The Director, Water and Recycling Management Services may approve construction of outbuildings of light construction erected on a removable concrete or clay paving slabs which could be removed for maintenance or replacement of the pipeline.

e)   Council will take all reasonable precautions to ensure as little disturbance as possible occur to the land burdened and will restore that surface as near as practicable to its original condition. This shall extend to any disturbance caused to land adjoining the easement.

f)    If a term or condition of this instrument is or becomes invalid or unenforceable, the remaining terms and conditions shall be valid to the fullest extent permitted by law.

 

Byron Shire Council is empowered to release, vary or modify the terms of the easements ________________________ referred to in the abovementioned plan.

 


APPENDIX “B”


Diagram of Typical Design Considerations

 


APPENDIX “C”

 

Restrictions applicable when building over or near any Council pipeline

 

The following restrictions shall apply generally when a structure is to be constructed over or near any Council sewers, drains and pipelines.

 

1.   The foundations of any structure are to be constructed in such a manner that no loads due to the structure are transferred onto the pipeline or its foundations.

 

2.   The building shall be constructed in such a manner that the floor and the structure can be removed in sections to provide access for repairs or replacement of the pipeline.

 

3.   The owners of the land shall indemnify Council against damage caused to the pipeline by the application of dead loads, live loads and the effects of any settlement due to the construction of the building over the pipeline.

 

4.   The owners of the land shall indemnify Council against damage to the building caused by the action of building over the pipeline.

 

5.   The owners of the land shall indemnify Council against damage caused to others as a result of damages to the pipeline caused by the action of building over or near the pipeline.

 

6.   All plans must be submitted for approval and indemnities signed before construction commences.

The above conditions will continue regardless of changes of ownership and provision must be made for this on the indemnity agreement, and suitable restriction shall be placed on the title of the land pursuant to Section 88 of the Conveyancing Act as detailed in Appendix D.

 


APPENDIX “D”

 

Specimen of a S88B Instrument applicable for a property where a building is to be constructed over or near a pipeline

 

For the purpose of this instrument:

 

cause” shall include a partial cause or an indirect cause as if that were the sole and direct cause.

 

Council” means the Byron Shire Council or its successor.

 

the property” means the land burdened by this instrument.

 

the pipeline” includes:

 

I.    drainage, water and sewerage pipelines or other structure; and

 

II.   any section of the same pipeline, whether on the property or on other property.

the owner” means the Registered Proprietor of the property as may be the case from time to time.

 

a)   The owner acknowledges that buildings on the property have been permitted over or near a pipeline and that there is no easement for the pipeline.

b)   The owners covenants to maintain the floor, roof and other structures of the building in removable sections as required by the council from time to time so as to allow Council to undertake repair, maintenance, replacement or such other works on the pipeline as in the opinion of Council are reasonably necessary.

c)   The owner covenants to immediately repair or replace any damaged pipeline on the property as requested by the Council or shall indemnify the Council for the costs of such work.  The Council shall at all times have power in its absolute discretion to elect between requesting the owner to perform the work or to perform the work itself and be indemnified by the owner.

d)   The owner covenants in indemnify the Council against any damage or loss to the pipeline caused by the building over or near the pipeline.

e)   The owner covenants to release the Council from any liability (whether in negligence or otherwise) for the damages or loss suffered by the owner caused by the building over or near the pipeline.

f)    The owner covenants to indemnify the Council against damage or loss suffered by owners and/or occupiers of land other than the property caused by the building over or near the pipeline.

g)   The owner covenants that, in the event the preceding covenant is or becomes invalid or unenforceable, whether wholly or partially, he will indemnify the Council against damage or loss suffered by owners and/or occupiers of land in the vicinity of the property caused by the building over the pipeline.

h)   A certificate by an officer of the Council as to the cause of damage or loss shall, in the absence of any manifest error, be conclusive evidence of the cause of the damage or loss.

i)    If any covenant, term or condition of this instrument is or becomes invalid or unenforceable, the remaining terms and conditions shall be valid to the fullest extent permitted by law.

j)    Byron Shire Council is empowered to release, vary or modify the terms of the restrictions referred to in this instrument.

k)   If a term or condition of this instrument is or becomes invalid or unenforceable, the remaining terms and conditions shall be valid to the fullest extent permitted by law.


APPENDIX “E”

 

Concrete encasement of sewer mains shall be constructed as detailed in the WASAA Sewerage Code of Australia - see Plan SEW-1205 Type 12.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                             13.8 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                             13.8 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                   13.8 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                             13.8 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                   13.8 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                             13.8 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                         13.8 - Attachment 3

Marine Parade Pedestrian and Traffic Impact Assessment

Marine Parade West Parking Amendments


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services              14.1 - Attachment 1

BYRON BAY PAY PARKING SURVEY E2016/18399

PROPOSED QUESTIONS AND PURPOSE

 

This survey is in regard to the Pay Parking Meter Registration scheme which operates in Byron Bay as operated by Byron Shire Council. Completed surveys can be submitted at anytime via e-mail to: payparking@byron.nsw.gov.au Further details of the scheme are on Council’s website: http://www.byron.nsw.gov.au/byron-bay-pay-parking

 

Questions

Purpose

Q1. Do you have a pay parking exemption; i.e. an ePermit?

Yes, provide ePermit or licence plate number: ________

No, and postcode where I live most: ______. Go to Q13. 

Understand the response of permit holders versus non-permit holders, and limit response to one survey per person. Aids postcode analysis.

Q2. Before getting your ePermit had you seen, heard or read about it via any of the following sources? Tick all that apply:

Newspaper Radio Council website TV Facebook Letter from Council None of these options

Understand if information was obtained about the new system via such ‘formal’ sources. If not, it can be presumed word of mouth informed applicant.

Q3. Did you contact Council before obtaining your ePermit? No (go to Q6), or Yes I contacted Council as follows (tick all that apply then go to Q4):

Phone call Visited the office E-mail/letter

Aids assessment of the information they did review (if any) and if the scheme itself and the options available were understood. 

Q4. As you did contact Council before obtaining your ePermit was it any of the following (tick all that apply):

general queries / more information needed, and/or

a specific query / question about the ePermit: Eligibility/criteria Cost/payment  How to obtain it Creating an account Other: _______________________

To understand why they made contact. If general query it is likely the information could have been obtained by sources cited in Q2. If specific, the respondent has opportunity to advise.

Q5. When you contacted Council did you get the information you were after? Chose either:

Yes, first time Yes, on reply, Yes, after several attempts or No, never did

To understand customer service response rates and level of knowledge in regard to information sought. Correlate with Q4.

Q6. Did Council staff complete your ePermit application?

Yes, when I: was at the office called or other; or

No, it was completed: online by my employer or unsure

Correlation and assist verify with Q3.

Q7. How long did it take to obtain your ePermit?

<10mins 10-20mins 20-30mins >30mins

Relates to previous questions. Help understand time to process applications.

Q8. Before getting the ePermit, did you previously have a Council parking coupon? Yes go to Q9No or Don’t know go to Q10

Provides understanding of coupon Vs ePermit.

Q9. Did you upgrade from the parking coupon to the new ePermit?  No Yes Don’t know what this means

Provides context for other questions, e.g. upgrades likely to have had a longer application processing time.

Q10. If you used the online application form, how would you summarise the process and information provided? Fast/understood it Ok/acceptable Slow/difficult None of these options, or Did not use the online form

Understand if online form is working to an acceptable level for the end user.

Q11. What could be improved or needs to change to make the online application form better: _________________

Open ended to understand if common suggestions/problems emerge.

Q12. Now that you have an ePermit, will you use the online form to renew it when due? Yes No Will try it Not sure

To determine if there is a cohort that is unwilling to use online, even if improvements were to be made.

Q13. What problem have you encountered at the meter? Tick all those that apply and indicate their frequency.

Never a problem or Initially Frequently Repeatedly

ePermit not recognised: once twice 3-5 times >5

Payment not recognised: once twice 3-5 times >5

No ticket printed: once twice 3-5 times >5

Couldn’t read screen: sometimes nearly always

Meter not working: once twice 3-5 times >5

Queuing at the meter: rarely frequently always

Understand if any common problems emerge.

Q14. Do you visit Byron Bay less than you use to?

Yes, due to: pay parking time limits other reasons

No, I visit: about the same more often

Last time I was in Byron Bay was (month/year): ___________

See if pay parking deters visits which is further explored by Q15-18.

Q15. Before pay parking how often did you park in Byron Bay? Tick one option only.

every day most days most weekdays most weekends 2-3 times each week weekly fortnightly monthly 4-6 times a year occasional rarely

Establish base line for comparison within the survey and against such data collected for the parking study.

Q16. Before pay parking, my typical day in Byron Bay involved:

- parking for: <1 hour 1-2 hours 2-4 hrs 4+

- moving my vehicle: never once 2 times 3-5 >5

- parking: at the same location near it anywhere

- parking: at close or nowhere near where I wanted

As above, plus provide a basis to compare against meter data which is unable to show turnover for permit holders as meters default to maximum time limit. Duration of PAYG users however can be assumed by the amount paid. 

Q17. Since pay parking started, how often do you park in Byron Bay? Tick one option only.

every day most days most weekdays most weekends 2-3 times each week weekly fortnightly monthly 4-6 times a year occasional yet to do so

Can compare against Q15.

Q18. Since pay parking, my typical day in Byron Bay involves:

- parking for: <1 hour 1-2 hours 2-4 hrs 4+

- moving my vehicle: never once 2 times 3-5 >5

- parking: at the same location near it anywhere

- parking: at close or nowhere near where I wanted

Can compare against Q16 and meter data.

Q19. I typically park at or near: _________________ and:

- it is where I want to park: Yes No

- it has sufficient time limits: Yes No, I want: __ hours

- mostly use it for: work shop/cafe beach/recreation

Can be extracted and cross referenced with meter data, but also provides insight on time limits and purpose of trip to compare with parking study predictions.

Q20. Leave blank if you are unsure that since pay parking in Byron Bay has started you:

- have found it easier to park where I want: Yes No

- believe the streets are less congested: Yes No 

- am in general support of it Yes, unconditionally, No, not at all Yes, on the proviso that: ________________

To help establish the broader context of the respondents acceptance of the scheme and broader improvements.

Q21. Tick all that apply at present:

I work in Byron Bay I operate a business in Byron Bay I currently reside in the Byron shire I am Byron shire ratepayer I am a pensioner I operate or employed by a Byron shire based business

To understand the category of user. Will aid in understanding their response to other questions. 

Q22. Did you obtain your pay parking exemption through your place of employment or volunteering?

- No or Don’t know, go to Q23. Yes, and as follows:

- who paid for it:  Me Work Don’t know

- do you share the ePermit: Yes No Don’t know

- do you manage the online account:  Yes No Don’t know what that is. If yes, how could it be improved:______

 

Provide opportunity for those with an account to make specific comment.

Q23. Council is to make a swipe card available for a one-off purchase cost of $27.50 which can contain your licence plate number so you simply swipe the card at the meter to register your vehicle licence plate. If you are interested in receiving more details about it:

- Yes, SMS details to my mobile:___________

or email me at: ____________________________

- No, not interested or No, I will wait to hear more

Garner potential uptake of the card before buying the stock required.

Q24. What do you think could make the new pay parking scheme better? ________________________________

Allow open ended response which might help understand answers provided to above questions.

Q25. If you are interested in the results of this survey: 

- Yes, use contact details as given at Q23.

- Yes, send them to: __________________________

- No, not interested or No, I will wait to hear more

Provide for follow up.

 


 

 

   Minutes of Meeting

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

Arakwal Memorandum of Understanding Advisory Committee Meeting

 

 

 

Venue

Arakwal Room, Byron Bay Library

Date

Tuesday, 1 March 2016

Time

11.30am

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services              14.1 - Attachment 1

 

Minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on Tuesday, 1 March 2016

File No: Error! Unknown document property name.

 

Present:          Cr P Spooner (Chair), Cr S Richardson

Committee:     Gavin Brown, Delta Kay

Staff:               Mark Arnold (Executive Manager Corporate and Community Services)
Sarah Ford (Manager Community Development)
Belle Arnold (Indigenous Projects Officer)
Chris Larkin (Major Projects Planner) Items 6.1 and 6.2 only
Lisa Brennan (Minute taker)

 

Cr Spooner (Chair) opened the meeting at 11.55am and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

There were apologies received from Annette Kelly and Judy Kay.

Procedural Motion

Committee Recommendation:

That the apologies from Annette Kelly and Judy Kay be accepted and leaves of absence granted.

(Richardson/Spooner)

The recommendation was put to the vote and declared carried.

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes from Previous Meetings

 

Committee Recommendation:

That the minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 25 November 2015 be confirmed.                                                                           (Richardson/Spooner)

 

The recommendation was put to the vote and declared carried.

 

Business Arising from Previous Minutes

 

Staff cultural training

 

Cr Richardson requested an update on staff cultural training, which was a resolution of Council. Belle sought clarification around wording of the original recommendation and asked the Committee for advice regarding what is specifically requested from Cultural Awareness Training.  Belle advised the following:

 

·     Online Cultural Awareness Training is provided to all current employees and all new employees via the induction process

·     Past successful presentations regarding the Aboriginal portfolio to Council’s staff forum as a way to increase awareness of current projects and issues locally

·     Presentation by Belle to Council staff forum on 15 March to keep staff updated on cultural projects.

 

Cr Richardson stated that he would like to see the Council induction for new staff members or Councillors to include history and highlights of what is happening on Arakwal land and providing totally localised information.  Suggested to hold this training maybe twice a year, and also identify dates where cultural awareness could be incorporated.

 

There may be an opportunity to workshop following the flag raising ceremony.  It was noted that Yvonne Stewart spoke at the first meeting of the current Council which was very positive and well received.  Belle to provide an outline and bring back to the Committee.

 

 

Staff Reports - Corporate and Community Services

Report No. 5.1             Arakwal Identified Area in the Byron Bay Cemetery

File No:                        I2016/42

 

Committee Recommendation:

That the Arakwal MoU Advisory Committee note the progress of the investigations into the establishment of an identified area for Arakwal People in the Byron Bay Cemetery and request for the provision of further details from the Arakwal Corporation regarding scope and size.

(Spooner/Kay)

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.2             Ti Tree Lake PoM Update

File No:                        I2016/44

 

Committee Recommendation:

 

1.    That the Arakwal MoU Advisory Committee:

 

a)    Consider the draft signage attached to this report to be installed on Council land in the Ti Tree Lake Aboriginal Place area;

b)    Approve the locations for this signage to be installed in the Ti Tree Lake Aboriginal Place area.

 

2.    That the Arakwal MoU Advisory Committee note the progress in the matter of Taylors Lake Road restricted access.

 

3.    That the Arakwal MoU Advisory Committee recommend that Council, as a stakeholder, support the NPW Ti Tree Lake Plan of Management.                                                                          (Spooner/Brown)

 

The recommendation was put to the vote and declared carried.

 

Committee Recommendation:

That the Arakwal MoU Advisory Committee recommend that Council write to the Jali Land Council informing them of Council’s intention to install signs at Ti Tree Lake, and requesting approval from the Land Council to include their logo on the signs.                                                                             (Richardson/Spooner)

 

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.3             Indigenous Projects Grant Applications Updates

File No:                        I2016/45

 

Committee Recommendation:

1.       That the Arakwal MoU Advisory Committee note the successful grant application for the “Singing Up Country” for Aboriginal language and arts projects in the Byron Shire.

 

2.       That the Arakwal MoU Advisory Committee note that Council staff reapplied to NSW Department of Heritage to undertake an Aboriginal Cultural Heritage Planning Study for the Byron Shire.                                                                                                                    (Spooner/Richardson)

 

The recommendation was put to the vote and declared carried.

 

OTHER BUSINESS

 

6.1     DA for 50 lot subdivision at Brunswick Heads

 

Chris Larkin addressed the Committee and provided a map of the proposed subdivision, with a total area of 10ha.  He advised that one third of the land is zoned 7B Coastal Habitat, other land zoned R3 medium density under Byron LEP 2014, which allows a mix of houses and medium density (townhouses, etc).  The subdivision is for 50 residential lots, varying in size from 480m2 to 2500m2.  The exhibition period closed on 16 February 2016.  Delta Kay requested a walk through of the site; Chris advised that the Council planner is Rob van Iersel and he will contact him to make this request.

 

Committee Recommendation:

 

That the Arakwal MoU Advisory Committee request a full cultural heritage assessment on the development application for a 50 lot subdivision at Bayside, Brunswick Heads.                                     (Kay/Brown)

 

The recommendation was put to the vote and declared carried.

 

6.2     DA for Byron Bypass 10.2016.77.1

 

Chris Larkin advised the Committee and provided maps of the bypass which has been identified on Council’s planning scheme since 1988.  He advised that a DA was submitted in 2015 then withdrawn, now resubmitted and is on public exhibition until 1 April 2016.  Chris has a disk on the Heritage Assessment which he can provide to Gavin and Delta (Gavin already has a disk, not sure if it is the heritage assessment one, he will let Chris know).

 

Phil Warner and Simon Millicamp are the Project Officers.  OEH have given certification for development to proceed, but have to provide offset for compensatory plantings.  Council looking at sections where that may occur, not necessarily in the area where development is occuring.  Gavin advised that this is not ideal, and Arakwal would prefer beautification closer to where development is occurring.  Chris advised that Phil Warner may be able to provide an answer on which sites may be identified.  Arakwal advised that the 7 recommendations within the heritage assessment be actioned.  There have been a substantial number of submissions which will be considered as part of the consideration of the DA.  The joint regional planning body will be the determination authority, Council can make a submission to that panel.

 

Committee Recommendation:

That the Arakwal MoU Advisory Committee recommend that compensatory plantings be provided close to the immediate area surrounding the development of the bypass.                               (Brown/Richardson)

 

The recommendation was put to the vote and declared carried.

 

6.2     Whale Trail

 

This item was not discussed.

 

Next Meeting

 

Wednesday 25 May at 10.00am.

 

 

There being no further business the meeting concluded at 1.35pm.

 

 

 


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Reports of Committees - Corporate and Community Services     14.1 - Attachment 2

 

 

 

TI TREE (TAYLOR’S) LAKE

ABORIGINAL PLACE

 

PRELIMINARY DRAFT MANAGEMENT PLAN

 

 

 

NSW National Parks and Wildlife Service

Office of Environment & Heritage

April 2015


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services     14.1 - Attachment 2

© 2015 State of NSW and the Office of Environment and Heritage

 

With the exception of photographs, the State of NSW and the Office of Environment and Heritage are pleased to allow this material to be reproduced in whole or in part for educational and non-commercial use, provided the meaning is unchanged and its source, publisher and authorship are acknowledged. Specific permission is required for the reproduction of photographs.

 

Office of Environment and Heritage (OEH) has compiled this document in good faith, exercising all due care and attention. No representation is made about the accuracy, completeness or suitability of the information in this document for any particular purpose. OEH shall not be liable for any damage which may occur to any person or organisation taking action or not on the basis of this publication.

 

This document is for discussion and comment only. The proposals are under consideration and are open for discussion. Provisions in the draft management plan may not be the same as those in this preliminary draft plan.

 

 

 

 

Front cover image: Ti Tree Lake Aboriginal Place. (Photo: OEH/D. Mackey)

 

 

 

 

 

 

Office of Environment and Heritage

59–61 Goulburn Street, Sydney  NSW  2000

PO Box A290, Sydney South  NSW  1232

 

Phone: (02) 9995 5000 (switchboard)

Phone: 131 555 (environment information and publications requests)

Phone: 1300 361 967 (national parks, climate change and energy efficiency information and publications requests)

Fax: (02) 9995 5999

TTY: (02) 9211 4723

Email: info@environment.nsw.gov.au

Website: www.environment.nsw.gov.au

 

Report pollution and environmental incidents

Environment Line: 131 555 (NSW only) or info@environment.nsw.gov.au

See also www.environment.nsw.gov.au/pollution

 

ISBN

OEH

April 2015

Printed on recycled paper


 

Acknowledgments

 

The NPWS acknowledges that this Aboriginal Place is in the country of the Bundjalung Nation and is located within the areas of the Bundjalung of Byron Bay (Arakwal) People and the Jali Local Aboriginal Land Council, and it has special significance to women of the Bundjalung Nation.

 

This preliminary draft plan of management was prepared by staff of the Northern Rivers Region of the NSW National Parks and Wildlife Service (NPWS), part of the Office of Environment and Heritage.

 

For additional information or any inquiries about the Ti Tree Lake Aboriginal Place or this preliminary draft management plan, contact the NPWS Byron Coast Area Office, Tallow Beach Road, Byron Bay, NSW 2481 or by telephone on (02) 66209300.


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Reports of Committees - Corporate and Community Services              14.1 - Attachment 2

CONTENTS

1. Ti Tree (Taylor’s) Lake Aboriginal Place - Introduction                                  1

- Landowners and land managers                                                          1

- Land use zoning and surrounding land use                                                         1

- Management planning                                                                                     4

- Protecting the Aboriginal Place                                                             4

- Ti Tree Lake Aboriginal Area                                                                           4

- Protecting the wetlands                                                                          5

2. Official notice declaring the Aboriginal Place                                                 5

3. Stakeholders                                                                                      5

4. General statement of management                                                                   7

5. Cultural values                                                                                            7

6. Aboriginal community management goals                                                      8

7. Activities that could harm the Aboriginal Place                                              9

8. General management protocols                                                               13

9. Risk management measures                                                                    13

10. Cultural value management strategies                                                 14

11. Works and management activities                                                                  14

12. Other matters for negotiation                                                                            19

13. Culturally sensitive information                                                             19

14. Funding resources                                                                                   19

15. Contacts                                                                                                     19

GLOSSARY                                                                                                     20

REFERENCES                                                                                               21

MAPS

Map 1 Location                                                                                              2

Map 2 Landowners and Managers                                                                3

Map 3 State Wetland                                                                                     6

Map 4 Works proposed - tracks and signs                                                    18

TABLES

Table 1 Activities in the Aboriginal Place                                                                10

Table 2 Proposed works and activities in the Aboriginal Place                              15

 


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services    14.1 - Attachment 2

1. Ti Tree (Taylor’s) Lake Aboriginal Place

Introduction

Ti Tree (Taylor’s) Lake Aboriginal Place was declared under the National Parks and Wildlife Act 1974 (section 84) (NPW Act) in 2000 in recognition of its special significance to Aboriginal culture. The lake is also a registered mythological site on the NPWS Aboriginal Heritage Information Management System. The Jali Local Aboriginal Land Council and Bundjalung of Byron Bay Arakwal Elders campaigned for nearly two decades to get protection for the lake and its natural and cultural values.

The Aboriginal Place (AP) is approximately 70 hectares and is located 4km south of Byron Bay, on the far north coast of New South Wales, between Suffolk Park and Broken Head (see Map 1). The AP is centred on the Ti Tree Lake, also known locally as Taylors Lake, a highly significant Aboriginal women’s site. The lake consists of a northern lobe (1.3 hectares) and a southern lobe (4 hectares) linked by a narrow channel that opens intermittently to the ocean.

Landowners and land managers

The AP (see Map 2) consists of:

·    freehold land owned by Jali Local Aboriginal Land Council, including most of the lake

·    freehold land owned by Byron Shire Council

·    Crown land, some of which is managed by Byron Shire Council and some by Crown Lands

·    part of the Cape Byron Marine Park which is managed by Fisheries NSW  and is located on Crown land between low and high water mark, and

·    the Ti Tree Lake Aboriginal Area which is managed by the National Parks and Wildlife Service (NPWS).

The eastern boundary of the AP includes a 635 metre long section of Broken Head Beach down to the mean low water mark. A small part of the lake at its southern end (approximately 1700 square meters) occurs on freehold land outside the AP.

Land use zoning and surrounding land use

Suffolk Park adjoins part of the north and east boundaries of the AP, a sand and gravel quarry occurs on land adjoining the western boundary, and tourism and residential development at Broken Head village adjoins the southern boundary. Broken Head Nature Reserve, managed by the NPWS adjoins the south-east boundary of the AP.

Most of the AP is zoned for environmental protection under Byron Shire’s 1988 Local Environmental Plan (LEP), either as Wetlands, Coastal Habitat or Coastal Lands. However, most of Byron Shire Council’s freehold land in the north of the Aboriginal Place is zoned for Investigation and a small area in the north west is zoned Residential under the 1988 LEP. A mainly cleared firebreak, south of houses in Suffolk Park, is zoned Rural Landscape under Byron Shire’s 2014 LEP.


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services                                         14.1 - Attachment 2

MAP 1


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services                            14.1 - Attachment 2

MAP 2


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services    14.1 - Attachment 2

Management planning

The Office of Environment and Heritage (OEH), of which NPWS is a part, encourages the preparation of a formal management plan by the landowners/ land managers or occupiers of APs with the agreement of the Aboriginal community. This plan has been prepared in accordance with OEH guidelines (OEH 2012).

Management plans aim to identify:

a)   the area’s Aboriginal cultural heritage values

b)   the Aboriginal community’s management goals,

c)   actions that need to be taken to protect its important cultural heritage values

d)   actions that may require an Aboriginal Heritage Impact Permit (AHIP) under the NPW Act

e)   funding and resources that may be available to implement the actions required.

Protecting the Aboriginal Place

It is an offence under the NPW Act (section 86[4]), to harm or desecrate an AP. Harm includes destroying, defacing or damaging an AP. If development will take place in the vicinity of an AP, the potential impacts of the development must be assessed.

An AHIP should be applied for if harm is proposed to an AP. An applicant for an AHIP can refer to a management plan for an AP, where a plan exists, when assessing impacts. A management plan identifies values and usually sets out what actions would or would not be considered harmful to values.

Where a management plan is in place this provides a clear record agreed by the Aboriginal community of:

·    actions that will not harm the values of the place and that will not require an AHIP

·    actions that would harm the values of the place and would need an AHIP, but may be acceptable in certain situation and with certain controls

·    any harming actions for which OEH would generally refuse to issue an AHIP.

Ti Tree Lake Aboriginal Area

The Ti Tree Lake Aboriginal Area was reserved under the NPW Act in 2010 and is managed by the NPWS. It protects 10.5 hectares of land in the north of the AP (see Map 2). Aboriginal areas are reserved to protect and conserve areas associated with:

·     a person, event or historical theme or

·     containing a building, place, feature or landscape of natural or cultural significance to Aboriginal people or

·     their importance in improving public understanding of Aboriginal culture and its development and transitions.

The land was formerly owned by Byron Shire Council and was transferred to NPWS in recognition of its Aboriginal cultural heritage significance and in accordance with an Indigenous Land Use Agreement (ILUA) between the Bundjalung People of Byron Bay and the State Government. The ILUA was registered under the Commonwealth Native Title Act in 2008.

Protecting the wetlands

The lake and its surrounding swamp forests and sedgelands are mapped as wetlands under the State Coastal Wetlands Policy, known as State Environmental Planning Policy No. 14 (SEPP 14) – Coastal Wetlands (see Map 3). SEPP 14 aims to preserve and protect wetlands for their environmental and economic values at a State level by restricting certain development.

2. Official notice declaring the Aboriginal Place

The following notice declaring the Aboriginal Place appeared in the Government Gazette on 22 September 2000.

3. Stakeholders

The following organisations have interests in the AP:

Organisation

Role / Interest

Byron Shire Council

Landowner, Crown land trustee, owns sewer, water and drainage infrastructure.

Jali Local Aboriginal Land Council

Landowner

Crown Lands

Land manager

NPWS

Land manager

Marine Parks

Land manager

Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)

Native title claimants

Bundjalung Elders

Traditional knowledge holders

Telstra

Owner of telecommunications infrastructure

Neighbours of the Aboriginal place

Neighbouring property


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services                            14.1 - Attachment 2

MAP 3


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services    14.1 - Attachment 2

4. General statement of management

The following statements outline the Aboriginal community’s vision for management of the AP:

a)   Encourage local Aboriginal communities to visit the place to continue cultural and spiritual practices, through informal or legal agreements with landowners/land holders/occupiers.

b)   Encourage action designed to ensure continuation of cultural practices, such as maintaining or improving water quality of the catchment and retaining and improving vegetation of high cultural value.

c)   No action should be taken if it would have any adverse impact on the significance of the place.

d)   Minimise the risk of harming Aboriginal objects and sites and the Aboriginal place wherever possible.

e)   Refer to this management plan for all day-to-day and longer term management decision-making and to implement works and undertake other activities

f)    Give Aboriginal cultural values priority in resolving any conflicts about management and change to the place.

g)   Aboriginal sites and objects in the Aboriginal Place will be conserved, recorded and managed in accordance with their significance.

h)  Increase public awareness of the existence of the Aboriginal place and its high level of significance.

i)    Aboriginal knowledge gathered by OEH will be respected and protected.

j)    OEH will support the Aboriginal communities to determine what information on the Aboriginal place will be made available, such as location, stories and significance, and whether signs are erected on the Aboriginal place.

5. Cultural values

In 2000, NPWS commissioned anthropologist Inge Riebe to prepare a report to assess the Aboriginal cultural significance of the lake and surrounding area to support the process of protecting the area by declaring it an Aboriginal place under the NPW Act.

The assessment involved interviews with Elders and other Aboriginal people with knowledge of the Place to document the area’s history and cultural values, including its archaeological context, and the history of protection efforts. The report makes valuable recommendations for respectful management of this special women’s area.

Due to the sensitive nature of the information in the report and the strong view of the Elders that the information not be made public, it is not repeated here. A summary of the cultural values of the Place that can be spoken of publicly are:

·    the Aboriginal Place is a sacred place for Aboriginal women

·    the Ti Tree Lake is sacred and is a registered mythological site on the OEH Aboriginal Heritage Information Management System (AHIMS)

·    traditional knowledge of the Aboriginal Place is sacred for Aboriginal women and is safeguarded. Traditional beliefs mean that the stories and secrets associated with Aboriginal Place cannot be talked about publicly.

·    the Aboriginal Place is one of the few sacred women's sites in the state which remain intact and for which custodians and knowledge holders remain.

·    local Aboriginal women continue to deliver traditional teachings about the Aboriginal Place to Aboriginal girls and women

·    Aboriginal women continue to visit the place to maintain their connection with it and to pass on knowledge of its significance to others

·    Elders have previously indicated strong concerns for maintaining catchment health to support their ongoing spiritual connections to Country

Due to the sacred significance of the lake and the surrounding 150-metre core area it is appropriate that this area has the greatest restrictions on use. However, the surrounding bushland within the Aboriginal Place is also integral to protecting the lake as it provides a buffer to adjoining land use and supports important cultural resources.

The Aboriginal Place occurs within a broader context of places of significance to the Aboriginal community. Other publicly known places include Cocked Hat Rocks (Three Sisters) Aboriginal Place, off Broken Head headland, in Broken Head Nature Reserve, Julian Rocks Nguthungulli Nature Reserve, a mythological site in Byron Bay and Walgun (Cape Byron) in Cape Byron State Conservation Area, east of Byron Bay.

6. Aboriginal community management goals

Management Goal

Timeframe

The lake and surrounding core area (lakeshore and 150 metre buffer), in particular, is used in accordance with Aboriginal cultural beliefs and traditions.

Short term

The lake is healthy and unpolluted.

Short term

Knowledge is passed down within the Aboriginal community in accordance with Aboriginal custom

Long term

The broader community understands and respects the significance of the lake and surrounding area.

Short term

Stakeholders (Council, NPWS, Crown lands, neighbours) understand and respect the significance of the lake and surrounding area.

Medium term

Cultural resources are healthy and sustainable.

Long term


 

7. Activities that could harm the Aboriginal Place

In the Assessment of Significance prepared by Inge Riebe (2000) the following statement is made about management of the AP, reflecting the wishes of the traditional owners and the parts of an earlier plan of management (Murphy 1993) of which they approved:

a)    Ensure as little disturbance to the lake as possible

b)    No swimming in the lake

c)    No access to the lake as far as possible (i.e. walkways)

d)    No pollutants enter the lake. Sewerage, stormwater and rubbish from houses and runoff from the quarry are of particular concern.

e)    Any inappropriate human interference causes harm to the lake and can be harmful to those interfering. Custodial Elders need to have full control over any access to the Lake.

f)     Men particularly should avoid the lake.

The following table details the type of activities that may occur in the AP including those that may harm the AP and its special cultural significance. Conditions are included, if appropriate, to reduce the harm caused by the activity. The inclusion or exclusion of certain activities in the AP is intended to reflect the wishes expressed by the traditional owners.

 


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services                                         14.1 - Attachment 2

Table 1 Activities in the Aboriginal Place

Activity

Is the activity consistent with cultural values?

Under what conditions could the activity be consistent, if any?

Commercial tourism and activities

No

None.

Education activities

Yes -conditionally

Educational activities provided by local custodian Elders.

Poor quality stormwater or groundwater entering the lake.

No

None.

Other pollutants entering the lake (sunscreens, insect repellent).

No

None.

Recreational or other use of the lake.

No

None.

Men coming within 150-metres of the lake (the core area)

No

None.

Buildings or structures

No

Small-scale, temporary structures for cultural purposes only.

Camping

No

None.

Riding bicycles

No

·    Restricted to Taylors Lake Road, the fire break south of houses in Suffolk Park (on Council land and NPWS).

·    No promotion of bike riding.

·    No official bikeway.

Use of motorised vehicles

No

·    Driving a mobility-impaired person within the AP for cultural purposes.

·    Use of official vehicles for fire-fighting purposes and on the fire break south of houses on Macgregor Street.

Bushwalking

No

·    Restricted to Ti Tree Lake Aboriginal Area, in accordance with an approved plan of management, Taylors Lake Road and Council land in the north west of the AP.

·    No promotion of bushwalking.

·    No walking tracks.

 

Activities that could cause harm

Is the activity consistent with the cultural values?

Under what conditions could it be consistent if any?

Horse riding

No

·    Restricted to Taylors Lake Road and not promoted.

·    No official bridle path.

Parties or dance parties

No

None.

Weddings

No

None.

Exercising domestic animals (dogs and cats) or allowing them to roam free.

No

None.

Use of drones

No

Only if in conjunction with works proposed in this management plan. Apply for permission on a case-by-case-basis from the landowner/manager.

Other recreational uses of the Aboriginal Place (e.g. events, photography, picnicking, etc)

No

Passive (low-key) activities in the Ti Tree Lake Aboriginal Area, in accordance with an approved management plan, on the beach or on Council land in the north west of the AP.

Developing new pathways

No

None.

Construction of new infrastructure

No

None.

Maintaining existing pathways

No

·    Low-key maintenance of the pathway providing access for cultural purposes to the western side of the lake from Taylors Lake Road.

·    Maintenance of the fire trail south of the houses on Macgregor Street.

Maintenance of Taylors Lake Road (a designated fire trail)

No

·    No upgrading of road surface (sealing etc).

·    Maintain as a gravel surface.

·    Maintenance to the minimum standard required to provide access for fire fighting vehicles incorporating best practice erosion and sediment control and weed control.

Maintenance of utilities (water, sewer, telecommunications) under Taylors Lake Road.

No

·    Maintenance of utilities under the road must incorporate best practice erosion and sedimentation control and weed control.

·    No upgrading of road surface (sealing, concreting etc).

·    Maintain the road’s gravel surface.

Cultural fire use

Yes - conditionally

·    Small fires for cultural purposes (e.g. cooking, warming, ash/charcoal).

Cultural activities

Yes - conditionally

·    Small groups only.

·    Cultural activities to be conducted by local custodian women Elders.

Activities that could cause harm

Is the activity consistent with the cultural values of the Aboriginal Place?

Under what conditions could it be consistent if any?

Clearing

No

Low-key (minimal) clearing of disturbed areas for cultural purposes.

Mining, quarrying or mineral exploration

No

None.

Pump from the lake or waterways

No

None.

Fire

No

·    Only small-scale controlled burns to maintain cultural resources (i.e. culturally valuable plants and animals) if required.

Controlling weeds

Yes - conditionally

·    No weed control to occur on the dunes until a general pattern of avoidance of the lake is established.

·    Any herbicides usage around the lake must be consistent with permits and labels and an approved weed control/bush regeneration plan.

·    No herbicides to be used over the lake or its tributaries, even if permitted on labels etc.

·    It is preferred that women undertake this activity.

Controlling pest animals

Yes - conditionally

·    No poisons to be used within a 150-metre buffer area around the lake

·    Poison usage must be consistent with permits and labels and an approved pest control plan.

·    It is preferred that women undertake this activity.

Managing vegetation to reduce bush fire risk to adjacent development

No

·    Management bush fire risk in accordance with the approved Far North Coast Bush Fire Risk Management Plan.

·    Ensure the Aboriginal Place is recognised as an asset in the Far North Coast Bush Fire Risk Management Plan.

Signs

Yes – conditionally

·    Signs to educate people about significance of the place and appropriate behaviour.

·    Signs to be unobtrusive and placed so as not to attract visitors to the AP.

Moving, relocating or collecting objects

No.

If an object is in danger of being destroyed or damaged.


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Reports of Committees - Corporate and Community Services    14.1 - Attachment 2

8. General management protocols

The following general protocols form an agreed basis for landowners, land managers and the Bundjalung of Byron Bay Arakwal People to work together to manage the AP:

a)   assess the health of the lake through a water sampling program

b)   an agreed approach to risk management

c)   meet twice a year to review the operation of the management plan and consider whether to recommend changes to OEH

d)   works carried out in the Aboriginal place will be in accordance with this plan of management

e)   keep each other informed of works being undertaken in the AP by email or in writing (see Contacts section)

f)    commit to working together to address strategic management issues in the AP, for example, access or controlling pest plants.

9. Risk management measures

The following risk management measures are intended to prevent or mitigate potential harm to the AP:

a)   Before carrying out works undertake cultural and heritage assessments through the Aboriginal Heritage Impact Permit (AHIP) process, as required.

b)   Establish an exclusion or buffer zone for activities that could harm the place.

c)   Consult and involve the local Aboriginal community, relevant Elders, individuals and Local Aboriginal Land Councils.

d)   Manage fire to prevent large fires.

e)   Educate people about the significance of the place and safe practices.

f)    Erect signage to educate the people about the place’s significance and appropriate behaviour.

g)   Close pathways from the beach to the lake and along the lakeshore or allow them to revegetate naturally..

h)  Close pathways, other than the pathway to the western side of the lake

i)    Manage weeds and pest animals to prevent loss or damage to cultural resources.

j)    Ensure runoff from the quarry site and stormwater from all outlets into the AP is managed to prevent harm to the place.

k)   Investigate formally closing Taylors Lake Road (or at least that part of the road within the Aboriginal Place).

l)    Exclude development from the Aboriginal place.

m)  Ensure adequate sediment and erosion control on Taylors Lake Road.

n)  Ensure all sewage is properly treated on surrounding lands and that the sewerage system on the Aboriginal place and on surrounding lands is properly maintained.

o)   Routinely monitor or inspect the Aboriginal place to identify potential harm.


 

10. Cultural value management statements

The following statements outline an agreed approach to managing the cultural values of the AP:

a)   Stakeholders and landowners will handle culturally sensitive information with respect and according to the wishes of the Aboriginal community regarding the AP which is a sacred women’s place.

b)   Landowners, land managers and will work to conserve the environmental and cultural values of the place.

c)   Continuing access for Aboriginal people to the AP will be encouraged to conserve its special significance.

d)   Continued access to traditional/contemporary resources which are important for cultural purposes or simply in their own right, will be permitted.

e)   Landowners and land managers will be encouraged to respect the connection of Aboriginal people to the place and the need for connection to Country to allow for the passing on of traditional knowledge.

f)    The ongoing role of the AP as a teaching site will be recognised and respected.

g)   Landowners and land managers will work to prevent large scale landscape changes to the AP, to conserve its spiritual and cultural values.

11. Works and activities

Works are required in the AP to protect cultural values and to manage risks. The following table lists proposed works, specifies how the works should be undertaken, identifies who is responsible and sets timeframes. Map 4 shows the location of works proposed to address tracks and signage.

 


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services                                         14.1 - Attachment 2

Table 2 Proposed works and activities in the Aboriginal Place

Type of work or activity

Specification

Timeframe

Responsible authority

Design and install signage

·    Signs are to educate the public about the significance of the place and appropriate behaviour.

·    Signs are to be unobtrusive and positioned so as not to attract visitors to the Aboriginal Place.

Sign locations (see Map 4):

near the lake entrance on the edge of vegetation

on the informal track running from the lake entrance south along the lakeshore

on the southern path that leads to the southern lake

at the intersection of Taylors Lake Road and the pathway to the western side of the lake,

on Taylors Lake Road at the southern boundary of the Aboriginal Place

on Taylors Lake Road where it intersects with the western boundary of the Aboriginal Place

at the entrance to the fire break on the AP that starts at the southern end of Glasgow Street.

Short term

Council

Jali LALC

Managing vegetation to reduce bush fire risk

·    Manage bush fire risk in accordance with the approved Far North Coast Bush Fire Risk Management Plan.

·    Manage bush fire risk in the Ti Tree Lake Aboriginal Area in accordance with the NPWS Fire Management Strategy.

·    Ensure the Aboriginal Place is recognised as an asset in the Far North Coast Bush Fire Risk Management Plan.

Short - medium term

Council

NPWS

Far North Coast Bush Fire Management Ctee

Pests animals

·    Develop pest animal control plan/s (possibly linked to survey).

·    No poisons (baits) to be used within a 150-metre buffer area around the lake

·    Poison usage must be consistent with permits and labels and an approved pest animal control plan.

·    It is preferred that women undertake this activity.

·    It is preferred that women undertake this activity.

Medium term

Jali LALC

Council

NPWS

Type of work or activity

Specification

Timeframe

Responsible authority

Pests plants

·    Develop bush regeneration plans.

·    No weed control to occur on the dunes until a general pattern of avoidance of the lake is established.

·    Any herbicides usage around the lake must be consistent with permits and labels and an approved weed control plan.

·    No herbicides to be used over the lake or its tributaries, even if permitted on labels etc.

·    No poisons to be used within a 150-metre buffer area around the lake

·    Poison usage must be consistent with permits and labels and an approved pest animal control plan.

·    It is preferred that women undertake this activity.

·    It is preferred that women undertake this activity.

Plan - short term

Works on dunes – medium term

Works elsewhere – short to medium term

Jali LALC

Council

NPWS

Close pathways

(see Map 4)

·    Pathways from the beach to the lake and along the lakeshore will be closed or allowed to revegetate naturally. Investigate closure options.

·    Close (bollard) the pathway that starts at the western end of the fire break behind the houses on Macgregor St and runs south into the Aboriginal Place to stop vehicles.

·    Close (bollard) the pathway that starts at the firebreak south of Glasgow Street and runs west to Taylors Lake Road

·    Close the pathway that runs to the western side of the lake at the intersection with Taylors Lake Road to stop motorbikes. Investigate closure options.

·    Check for pathways from the beach to the northern lake – close.

Short term

Council

Jali LALC

Investigate closing Taylors Lake Road

·    Investigate the process and the implications for landowners/managers prior to taking any further action.

Long term

Council

NPWS

Jali LALC

Maintenance and adequacy of Council’s sewerage system

·    Obtain copy of maintenance program from Council

·    Ensure maintenance program is adequate.

·    Ensure no pollution of the AP.

Short term

Council

Type of work or activity

Specification

Timeframe

Responsible authority

Ensure any septic systems on adjacent properties are operating safely and are not polluting the AP.

·    Obtain advice from Council

Short to medium term

Council

Water quality of the lake – stormwater management

 

·    Identify the places where stormwater enters the AP

·    Obtain advice about an effective stormwater sampling program, including the lake

·    Test stormwater and obtain a report about its likely impacts on the health of the lake.

·    Identify any remediation action required and implement.

Plan – short term

Sample and remediate – medium to long term

Council

NPWS

Jali LALC

Proprietors of Broken Head Quarry

Soil erosion and sediment control (Taylors Lake Rd and pathway to western side of lake )

·    Determine what works are required (if any) to meet best practice erosion and sediment control standards for the road and pathway, taking into account the culturally sensitive environment.

·    Prepare a report including works and priorities.

Medium term

Council

Jali LALC

Remove rubbish

·    Remove rubbish in the clearing on the western side of the lake.

·    Remove rubbish from other areas of the AP as identified or reported.

·    NPWS to remove rubbish from the Ti Tree lake Aboriginal Area as identified or reported.

·    Council to remove rubbish from their property as identified or reported.

Short term

Jali LALC

NPWS

Council

Survey plants and animals

·    Undertaken survey in accordance with OEH guidelines

·    Target culturally important animals/plants and threatened animals.

Medium - long term

Jali LALC

Council

NPWS


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services                            14.1 - Attachment 2

MAP 4

 


BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services    14.1 - Attachment 2

12. Other matters for negotiation

- Signage design.

- Other matters to be added after further consultation.

13. Culturally sensitive information

Only publicly available cultural information is included in this plan. Cultural knowledge of the AP remains the property of the knowledge holders.

14. Funding and resources for works proposed in the plan

- To be completed following further consultation.

15. Contacts

Sue Walker

Area Manager, Byron Coast

National Parks & Wildlife Service

Tallow Beach Road, Byron Bay NSW 2481

npws.byroncoast@environment.nsw.gov.au

Phone: 0266209300

 

Jali Local Aboriginal Land Council

 

Byron Shire Council

 

Crown Lands

 

Cape Byron Marine Park


 

GLOSSARY

 

AHIP                                                   Aboriginal Heritage Impact Permit

AHIMS                                               Aboriginal Heritage Information Management System

AP                                                       Aboriginal Place

Bundjalung of Byron Bay Aboriginal Corporation (Arakwal):

The Corporation is established under the Aboriginal Councils and Association Act 1976 (Commonwealth), as a prescribed body to represent the Bundjalung People Byron Bay (Arakwal) as native titleholders and their rights, interests and benefits in trust.

Cultural activities:                            Refers to activities such as, but not limited to, wild resource use, gatherings, ceremonies and other cultural practices and customs.

Country:                                             Refers to the ‘landscape’ of origin of a particular group/clan of Aboriginal people. This landscape is all encompassing, and the natural, cultural and historical features are inseparable.

Endangered Ecological Community:

A community listed on Schedule 1 Part 3 of the Threatened Species Conservation Act 1997 (NSW).

ILUA                                                   Indigenous Land Use Agreement

LEP                                                    Local Environmental Plan

OEH                                                   Office of Environment & Heritage

NPW Act                                            National Parks and Wildlife Act 1974

NPWS                                                National Parks & Wildlife Service

SEPP 14                                            State Environmental Planning Policy No. 14 – Coastal Wetlands

Threatened species:                        A species listed under the Threatened Species Conservation Act 1997 (NSW) as either endangered, critically endangered or vulnerable.


 

 

REFERENCES

 

Murphy D 1993, Investigation Report of Proposal for an Aboriginal Place at Taylors Lake, via Suffolk Park NSW, report to the National Parks & Wildlife Service.

 

OEH 2012, Guidelines for developing management plans for declared Aboriginal Places, Office of Environment & Heritage, Sydney South.

 

Riebe, I 2000, Assessment of Significance for Aboriginal Place Declaration, Ti Tree (Taylors) Lake, unpublished report to the National Parks & Wildlife Service.