Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 28 April 2016

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

Public Access relating to items on this Agenda can be made between 9.00am and 10.30am on the day of the Meeting.  Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.

 

 

 

Ken Gainger

General Manager

 


CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - 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 or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – 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 a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§  The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§  The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a)   the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b)   the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§  If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§  Just because the person is a member of, or is employed by, the Council.

§  Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§  A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§  The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a)   at any time during which the matter is being considered or discussed by the Council or Committee, or

(b)   at any time during which the Council or Committee is voting on any question in relation to  the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with.  Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§  It may be appropriate that no action be taken where the potential for conflict is minimal.  However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§  Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa).  Care needs to be taken when exercising this option.

§  Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§  Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1)   In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a)   including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b)   not including the making of an order under Division 2A of Part 6 of that Act.

(2)   The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3)   For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4)   Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5)   This section extends to a meeting that is closed to the public.

 


BYRON SHIRE COUNCIL

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

5.    Tabling of Pecuniary Interest Returns (s450A Local Government Act 1993)

6.    Adoption of Minutes from Previous Meetings

6.1       Ordinary Meeting held on 7 April 2016

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Wicked Van Slogans......................................................................................................... 5

9.2       Community Markets on Roadways.................................................................................. 8

9.3       Erect Signage on Ewingsdale Road ............................................................................... 11

10.  Petitions

10.1     Non-chemical means of weed control in Byron Shire.................................................... 13

11.  Submissions and Grants

12.  Delegates' Reports  

13.  Staff Reports

Corporate and Community Services

13.1     Public Exhibition - Draft 2016/17 Operational Plan, including Statement of Revenue Policy       14

13.2     Investments March 2016................................................................................................. 25

13.3     Lone Goat Gallery Strategic Plan .................................................................................. 32

13.4     Draft Safer Community Compact 2016-2019................................................................ 36

13.5     Section 355 Committee - Senior Citizen's Hall, Byron Bay ........................................... 39

Sustainable Environment and Economy

13.6     Report of the Planning Review Committee Meeting held on 31 March 2016................ 41

13.7     Economic Development Strategy - Enterprising Byron 2025......................................... 44

13.8     PLANNING - 26.2013.2.1 - Ewingsdale Seniors Housing and Commercial Uses Planning Proposal......................................................................................................................................... 47

Infrastructure Services

13.9     24.2015.81.1 - Myocum Road - Barlows Dairy Cattle Walkway.................................... 66

13.10   Adoption of Draft North Byron Flood Study.................................................................... 71   

14.  Reports of Committees

Infrastructure Services

14.1.... Report of the Local Traffic Committee Meeting held on 6 April 2016............................ 77   

6.1.... Proposed parking restrictions, Mullumbimbi Lane, Brunswick Heads............................ 78

6.2     Proposed traffic changes, Clifford Street, Suffolk Park.............................................. 78

6.3     Event road closure, Bangalow Billy cart derby, Sunday 15 May, 2016.......................... 79

6.4     Traffic Management for Mullum2Bruns Paddle, Sunday 22 May 2016........................... 80

6.5     ANZAC Day Parades 2016 - Traffic Management........................................................ 81

6.6     Request for No Stopping, Byron Bay Courthouse....................................................... 81

6.7     Changes to parking restrictions, Gilmore Crescent, Byron Bay..................................... 82

6.8     Request for No Stopping - 6-8 Browning Street, Byron Bay......................................... 82

6.9     Request for parking restrictions, Osprey Court, Byron Bay.......................................... 83

6.10   Removal of 30-minute time limit, bus zone, Jonson Street, Byron Bay.......................... 83

6.11   Byron Bay to Ballina Coastal Charity Walk - Westpac Life Saver Rescue fundraiser, Sunday 15 May 2016......................................................................................................................... 83

6.12   Request for No Stopping, service road, 44-52 Massinger Street, Byron Bay................. 84

6.13   Proposed Electric Vehicle charging stations and dedicated parking sites, Byron Bay... 84

6.14   Splendour in the Grass.............................................................................................. 84

7.1     New roundabout and speed zone, Tweed Valley Way, Yelgun...................................... 85

8.1.... Byron Bay Bypass - DA 10.2016.77.1......................................................................... 85

 

15Questions With Notice

15.1     Herbicide Use - Remainder of Answers to QWN .......................................................... 87

15.2     O'Mearas Bridge, Binna Burra / Federal......................................................................... 89

15.3     Consent Conditions for Byron Sewage Treatment Plant (STP)..................................... 92

15.4     Temporary Toilets at Main Beach, Byron Bay................................................................ 94   

 

 

 

 

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Executive Manager prior to the meeting. Any suggested amendments to the recommendations should be provided to the Administration section prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Wicked Van Slogans

File No:                                  I2016/371

 

  

 

I move that Council:

 

1.       write to the Premier of NSW Mike Baird supporting calls to get the slogans off the vans, or the vans off the road, or the drivers out of the vans; 

2.       send a copy of that letter to the Premier of Queensland Annastacia Palaszczuk; and 

3.       investigate ways in which Council can support such a ban on the slogans (or the vans) by any of the following means, or by other means that can be found: 

a)      erecting signs at significant Shire entry points in multiple languages saying “van drivers, your wicked slogan is not welcome in Byron Shire”; 

b)      excluding vans with wicked slogans from using Council caravan parks.

 

 

 

 

Councillor’s Background Notes:

 

Council was informed during Public Access on Thursday 7 April of issues around the slogans on Wicked Camper vans and of a local arm to a campaign against them.  That campaign has included letters from private individuals to various east-coast state Premiers, especially as the vans appear to be registered in states neighbouring but not including NSW.  Those letters have shared content and some of that is used in the draft wording below, which is suggested for the letter sought in Motion 1 above. 

More recent campaigning has taken on the following theme to the Queensland Premier because many of the offensive vans in our locality appear to be Queensland registered: 

                   “A good neighbour doesn’t throw garbage over the fence.” 

Councillors will have seen the wicked slogans over the years.  We were relieved at one stage by many of the vans being taken off the road when found unroadworthy.  They seem to have then returned, with the slogans even more offensive than before.  Some earlier slogans had a modicum of humour.  The latest batch fail even that test. 

A sheet recording ten or so typical slogans was handed to each Councillor on 7 April - I won’t repeat the information here.  Content is usually sexist.  I’m glad men are now campaigning against the slogans and I am glad to join them. 

The letter sought in Motion 1 above could include the following wording, or similar: 

Dear Mike

Byron Shire Council seeks your support to deal with offensive language in slogans painted on registered motor vehicles advertising that they are “Wicked Campers”.  This car rental company appears to hire campervans, mostly to backpackers (some of whom may not understand the meaning of the slogans).  I’m sure you’ve seen them. 

Council understands you will have already been approached by others as well, about putting an end to this form of offensive language. 

People in our Shire are asking why it is acceptable for these vehicles to use our roads.  Council understand NSW Police are not acting against them, when such slogans printed on a T-shirt for example or spoken in public would generate action. 

One major concern is impact on children.  Child-raising includes choosing the timing and circumstances of introducing youngsters to the down-sides of life (like the onward promotion of sexism).  Wicked Campers take away that choice. 

Council asks you take action on the vans, or on the company or on the drivers (as you see fit). 

Council also asks you to approach your fellow Premier Annastacia Palaszczuk and ask her to stop registering these vans.  Queensland appears to be the origin state of most such vans in our Shire.  You could reinforce the local message to the Premier of Queensland that “a good neighbour doesn’t throw garbage over the fence”. 

 

Recommended priority relative to other Delivery Plan tasks:

 

Council’s 4-year Delivery Program 2013 - 2017 includes a Community OutcomeEC2” described as “A sustainable tourism industry that respects and promotes our natural environment and community values”. 

This would be the crux of Council’s stake in the matter. 

That Outcome is to be achieved by the following 3 Community Strategies

EC2.1 “Build a tourism industry that delivers local and regional benefits in harmony with the community’s values”.  This goes to items 25, 28, 30, 32, 39 in the Delivery Program

EC2.2 “Develop Byron Shire as a leader in responsible and sustainable tourism and encourage sustainable business practices within the tourism industry”.  This goes to items 31, 32 in the Delivery Program

EC2.3 “Support and promote a collaborative shire-wide approach to managing tourism”.  This goes to item 28 in the Delivery Program

 

Definition of the project/task:

 

The first task is to write to Premier Mike Baird, with a copy to Qld Premier Palaszczuk, asking him to take action on the issue of offensive language on commercial camper vans.  The second task is to investigate and report on ways in which Council could contribute to doing the same. 

 

 

Signed:   Cr Duncan Dey

 

 

Management Comments by Sharyn French, Acting Director Sustainable Environment and Economy:

(Management Comments must not include formatted recommendations – resolution 11-979)

 

Clarification of project/task:

 

Letter to be sent to Premier Mike Baird, with a copy to Queensland Premier Palaszuk, regarding offensive language on commercial campervans.  Report to Council on ways Council can address the issue.

 

Director responsible for task implementation:

 

Sustainable Environment and Economy

 

Relationship to, priority of, and impact on other projects/tasks:

 

Letter can be sent relatively quickly.  Once investigation complete the report will be tabled at the first available Council meeting.

 

Financial and Resource Implications:

 

Letter and report can be accommodated within existing budget and resources.

 

Legal and Policy Implications:

 

Any legal or policy implications will be detailed in the report to Council. However, as a starting point, the regulation of ‘offensive’ language is a matter for NSW Police. Even assuming a particular slogan on a Wicked Van constituted offensive language under the Summary Offences Act 1988, Council has no legislative power to enforce this legislation.

 

It is noted Council has no direct power under the Local Government Act 1993 (LGA) to regulate speech. Because of this, it is arguable any attempt to do so indirectly (e.g., using Council’s power to erect signs to prevent Wicked Vans from using certain public places) would be beyond the purpose for which the power is conferred, and therefore unlawful.

 

As a result, signage at the entrances to Byron Bay stating Wicked Vans are ‘not welcome’ would likely be of symbolic weight only.

 

There is potentially more scope to prevent the entry of particular persons into Council caravan parks. This is because all land owners, including public authorities, have some right to determine who enters their land. However, this would require further investigation.

 

Even if there was no lawful impediment to preventing entry to Wicked Van users, refusing them accommodation at Council caravan parks potentially works in the opposite direction to current Council policy, which seeks to get street campers off Byron Shire’s streets and into approved camping grounds.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Community Markets on Roadways

File No:                                  I2016/374

 

  

 

I move that Council investigate reducing its fees associated with community-based projects that involve road closures, such as for the monthly Peddle and Hawk Acacia Street Market in the Arts & Industry Estate of Byron Bay. 

 

 

 

 

Councillor’s Background Notes:

 

Peddle and Hawk is a vibrant market initiative that enlivens and promotes the creative industries in Byron’s Arts & Industry Estate, while supporting and incubating small-scale entrepreneurs.  The market also "activates" Acacia St in the industrial estate providing opportunities for the community to connect and businesses to collaborate together on a regular basis.  It is proposed to operate regularly, on the last Saturday of the month. 

The initiative is a not-for-profit project of Kulchajam, who wish to make it a viable on-going event.  They are now in the middle of a 3-month trial and are working closely with Council staff to meet all compliance issues and ensure best practice management of the event. 

This style of event is different from other markets in the Shire:  (i) it promotes businesses at their current location, and (ii) it offers a new way of utilising public space that is traditionally set aside only for vehicles. 

Fees apply for each Peddle & Hawk event, despite them being identical and regular.  Primary issues for Council are road closure, establishment of traffic control and inspection of signage. 

Despite monthly fees for Peddle & Hawk having already been reduced from $963 to $765, they are a major upfront cost threatening the financial sustainability of the initiative.  Further reduction would also support objectives of Council's cultural development policies and tourism and economic development agenda.  There could be great economic development benefit from Peddle & Hawk.  It may also develop the Arts & Industry Estate as a destination. 

The Motion seeks to work on a policy level rather than a particular application and to make changes that facilitate initiatives like Peddle and Hawk where they involve road closure. 

Of its first Market, Kulchajam issued the following report: 

* 'Peddle and hawk' market was held on Easter weekend, and saw over 40 stalls as well as other businesses take part. 

* A peak attendance at one time was estimated at 250-300 people with estimated 600 attending over the course of the day. 

* 11 of those stalls had not previously sold products at other markets, proving our role as an incubator of creative industries and local entrepreneurs. 

* Seven businesses on Acacia Street participated and four other local businesses outside of Acacia Street opened up on the Saturday to cross promote with the market, and five other businesses in the Arts industry have contacted us hoping to be involved in the future. 

* It’s clear there is a great need in the Arts & Industry Estate for activities such as this to support its growth as a tourist destination and to provide opportunities for the businesses operating within. 

* No negative effects were reported by any surrounding businesses or premises, and all compliance requirements were met to the satisfaction of council staff. 

See also <www.kulchajam.org/peddleandhawk>.

 

Recommended priority relative to other Delivery Plan tasks:

 

Council’s 4-year Delivery Program 2013 - 2017 includes Community Outcomes “EC1” and “EC3” described respectively as “a diverse economic base and support for local businesses” and “the development of a diverse range of arts and creative industries”. 

These Outcomes are to be achieved by the following Community Strategies

EC1.1 “Support the development of a range of sustainable industries in Byron Shire”.  This goes to tasks 25, 30, 31, 32, 39, 54 in the Delivery Program

EC1.2 “Support and strengthen local businesses and local business networks”.  This goes to tasks 25, 31 in the Delivery Program

EC1.3 “Support new avenues of research and vocational and tertiary learning”.  This goes to task 26 in the Delivery Program

EC1.4 “Support sporting and cultural events in Byron Shire”.  This goes to tasks 27, 28, 31 in the Delivery Program

EC1.5 “Advocate for greater local employment opportunities”.  This goes to tasks 17, 26 in the Delivery Program

EC3.1 “Support cultural and arts-based industries”.  This goes to tasks 25, 28, 31 in the Delivery Program

EC3.2 “Develop Byron Shire as a leader in arts and creative industries”.  This goes to tasks 28, 30, 31, 39 in the Delivery Program

EC3.3 “Strengthen regional partnerships with peak arts organisations”.  This goes to task 16 in the Delivery Program

The investigation proposed by this Motion will compliment rather than compete with existing tasks in the Delivery Program and will help achieve the aims of the Program.  

 

Definition of the project/task:

 

Investigate reducing its fees for events like Peddle & Hawk, that involve road closures.

 

Source of Funds (if applicable):

 

 

Signed:   Cr Duncan Dey

 

Management Comments by Phillip Holloway, Director, Infrastructure Services:

(Management Comments must not include formatted recommendations – resolution 11-979)

 

Clarification of project/task:

 

Investigate reducing its fees for events like Peddle & Hawk, that involve road closures.

 

Director responsible for task implementation:

 

Director Infrastructure Services

 

Relationship to, priority of, and impact on other projects/tasks:

 

2016/17 Fees and Charges

 

Financial and Resource Implications:

 

Staff will need to review the fees being levied and provide recommendations for consideration.

 

In some instances the fees include inspections and administration for each event to meet statutory requirements.

 

Where a fee for service is waived/reduced, Council may need to consider how the shortfall in income against the expenditure is identified and whether it may be subject to a s356 donation process. Such decisions should also be considered in context as they have an incremental impact on Council’s future financial sustainability.

 

The issue of reducing a fee would also need criteria for when it is applied e.g. Not for profit etc.

 

Legal and Policy Implications:

 

Local Government Act 1993


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Erect Signage on Ewingsdale Road

File No:                                  I2016/375

 

  

 

I move that Council, after consulting local businesses on what needs to be included, commission and erect more appropriate signage on Ewingsdale Road prior to Bayshore Drive and Banksia Drive exit to the Arts and Industrial Estate and West Byron Shopping Fair.

 

 

 

 

Councillor’s Background Notes:

 

 

Recommended priority relative to other Delivery Plan tasks:

 

CI 3.6.1 Delivery Plan Maintenance Programme - operational

 

This should be a high priority akin to maintenance and removal of graffiti from public buildings because currently the signage is not only inadequate but it has fallen victim to some ordinary talented street artist.

The signage has a prominent position and should strongly indicate a community pride in the area.

 

Definition of the project/task:

 

The signage needs to be large enough to be clearly visible and easily readable for drivers and passengers in vehicle traveling both east and west along Ewingsdale road.

It needs to inform motorists in simple terms, without commercial advertising the retail, commercial and community services available in the Arts & Industrial area and Sunrise shopping centre.

Words or symbols indicating shopping centre, accommodation, factory outlets, building supplies, church, etc.

 

Source of Funds (if applicable):

 

Re-allocate funds from within the budget or from a reserve (one-off funding only);

 

Signed:   Cr Alan Hunter

 

Management Comments by Phillip Holloway, Director, Infrastructure Services:

(Management Comments must not include formatted recommendations – resolution 11-979)

 

Clarification of project/task:

 

Consult with local businesses in the Arts and Industry Estate on signage required for the area.

 

Director responsible for task implementation:

 

Director Infrastructure Services

 

Relationship to, priority of, and impact on other projects/tasks:

 

Council is currently designing intersection treatments along Ewingsdale Road including Bayshore Drive, Banksia Drive, SAE Access and Sunrise Boulevard.

 

The design work includes technical specifications, signage requirements, layout and landscape and entrance treatments.

 

Locations of signage will need to be considered in the context of the anticipated intersection designs.

 

Financial and Resource Implications:

 

Estimated cost of the signage is not currently known as it would be subject to outcome of the consultation process.

 

Non generic signage costs e.g. a specific business would normally be borne by the business including ongoing replacement.

 

Funding for the Bayshore Drive intersection is subject to State and Federal Grant funding.

 

Legal and Policy Implications:

 

Ewingsdale Road is a Regional Road and signage would need to be installed in accordance with relevant RMS and TASAC guidelines.  


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.1

 

 

Petitions

 

Petition No. 10.1         Non-chemical means of weed control in Byron Shire

Directorate:                 Infrastructure Services

Report Author:           Michael Matthews, Manager Open Space and Resource Recovery

File No:                        I2016/231

Theme:                         Community Infrastructure

                                      Open Space and Recreation

 

At Council’s Ordinary meeting held on 17 March 2016 the Mayor tabled a petition containing 68 signatures which states:

 

We, the undersigned, request that Byron Shire Council replace its use of glyphosate products with non-chemical weed control. Council has been presented with scientifically documented information regarding the negative impact of glyphosate on human, animal and environmental health and also supplied with information on alternative products used by other councils.”

 

Comments from Director Infrastructure Services:

 

Resolution 13-621. Required that Council develop a Shire Wide Integrated Weed/Pest Management Policy for Council owned and managed lands, and a Shire Wide Integrated Weed/Pest Management Strategic Action Plan for Council owned and managed lands in consultation with Council staff, community and experts in the field.

 

A draft Integrated Weed Management Strategy has been prepared which includes a complete review of herbicide use by staff and contractors and opportunities for chemical free alternative methods.  This strategy is to be tabled at the next Biodiversity and Sustainability Advisory Committee, scheduled 21 April 2016, before being placed before Council.

 

  

 

RECOMMENDATION:

1.       That the petition regarding non-chemical means of weed control in Byron Shire be noted.

 

2.       That the petition be referred to the Director Infrastructure Services.

 

Attachments:

 

1        Excerpt of S2016/2561 petition requesting non-chemical means of weed control in Byron Shire, E2016/17733  

 

    


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Public Exhibition - Draft 2016/17 Operational Plan, including Statement of Revenue Policy

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

Trish Kirkland, Manager Governance Services

File No:                        I2016/38

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

The preparation of Council’s annual Operational Plan, including Statement of Revenue Policy (comprised of Budget Estimates, Rates and Charges, Borrowings and Fees and Charges) is regulated under the Integrated Planning and Reporting Framework requirements legislated by the Local Government Act 1993 (Sections 402 to 406). Management, in consultation with the elected Council, have developed the 2016/2017 draft Operational Plan (including the Statement of Revenue Policy comprised of Budget Estimates, Rates and Charges, Borrowings and Fees and Charges).

 

This report recommends placing the documents, subject to any amendments, on public exhibition for not less than 28 days.

 

  

 

RECOMMENDATION:

1.       That Council adopt for exhibition the Draft 2016/2017 Operational Plan (including the draft Statement of Revenue Policy, comprising Budget Estimates, Rates and Charges, Borrowings and Fees and Charges).

 

2.       That the Draft 2016/2017 Operational Plan (including the draft Statement of Revenue Policy, comprising Budget Estimates, Rates and Charges, Borrowings and Fees and Charges) be placed on public exhibition for a period of 28 Days.

 

Attachments:

 

1        Draft 2016-2017 Operational Plan and Budget, E2016/18867  

2        Draft Fees and Charges 2016-2017, E2016/25572  

3        Draft 2016/2017 Budget Estimates (detailed), E2016/24995  

 

 


 

Report

 

The preparation of Council’s annual Operational Plan (including the draft Statement of Revenue Policy, comprising Budget Estimates, Rates and Charges, Borrowings and Fees and Charges) is regulated under the Integrated Planning and Reporting Framework requirements legislated by the NSW State Government into the Local Government Act 1993 (Sections 402 to 406).

 

The requirements of the Integrated Planning and Reporting mandate that Council must develop:

 

·    A ten year Community Strategic Plan

·    A four year Delivery Program

·    A one year Operational Plan

·    Resourcing strategies to support the above Plans including a ten year Long Term Financial Plan, four year Workforce Plan and ten year Asset Management Plan

 

An Operational Plan in accordance with Section 405 (2) of the Local Government Act must include the Council’s Statement of Revenue Policy for the financial period covered by the Operational Plan. The information that needs to be included in the Statement of Revenue Policy is defined in Clause 201 of the Local Government (General) Regulation 2005.

 

Management, in consultation with the elected council, have developed the 2016/2017 draft Operational Plan, including the draft Statement of Revenue Policy comprising the draft Budget Estimates, Rates and Charges, Borrowings and Fees and Charges.  The documents have been prepared in the context of the Office of Local Government’s Fit for the Future program and the adopted Council Improvement Plan for 2016/2017 onwards, and designed to reflect the new organisational structure.

 

It is proposed to publicly exhibit the documents for the required 28 days from Thursday, 5 May 2016 to Thursday, 14 June 2016.

 

The Draft 2016/2017 Operational Plan, including the Statement of Revenue Policy which is comprised of Budget Estimates, Rates and Charges is contained at Attachment 1.  The Draft 2016/2017 Fees and Charges document is contained at Attachment 2. Provided at Attachment 3 is the Draft 2016/2017 Budget Estimates in detailed form for the information and consideration of Councillors.  Given the new format of the Operational Plan proposed for the 2016/2017 financial year, which contains the summarised budget information, it is not proposed to publish the document contained at Attachment 3 for public exhibition.

 

As a general comment on all the documents presented they are still in draft form and may require further adjustment and/or amendments pending any other decisions of Council at this Ordinary Meeting, prior to these Plans being finalised for public exhibition.

 

It is expected the documents will be formally adopted by Council at an Extraordinary Meeting to be held on 29 June 2016 following the required Public Exhibition period of 28 days (refer Section 405(3) of the Local Government Act 1993).

 

1.       Draft Operational Plan

 

As part of council’s commitment to incrementally improve the Integrated Planning and Reporting suite of documents, the Draft 2016/17 Operational Plan has been compiled by the directorates and prepared with an increased focus as indicated at Attachment 1 on:

–    Inclusion of the Statement of Revenue Policy, comprising the Budget Estimates, Borrowings, and Rates and Charges

–    Improved and integrated format for community consumption

–    Less mundane or day-to-day actions

–    More new initiatives, improvements, the Financial Sustainability Project Plan priorities, and appropriate alignment with the adopted Council Improvement Plan under Fit for the Future program.

–    Better integration with the 4-year Delivery Program Principal Activities, the Budget Programs, and alignment with the new organisational structure

–    Reduction in the volume and density of text

–    Improved language for community use

–    Improved measures for clarity and greater accountability in future progress reporting to the community

 

The structure of the draft 2016/17 Operational Plan follows that agreed in the 2014/15 review, following the revision of the 2013-2017 Delivery Program.  However, its format and presentation has been improved this year for better community engagement and use. 

 

Draft 2016/2017 Statement of Revenue Policy

 

·    Draft Budget Estimates

 

The Draft 2016/2017 Statement of Revenue Policy is based on the 2015/2016 budget reviewed at 31 December 2015 with various changes to reflect the increased price of service delivery across all programs developed from the input received from each Council Directorate.  The budget document is also based further on the revised Organisation Structure as it has been implemented.

 

The Draft of 2016/2017 Budget Result on a Consolidated (All Funds) basis forecast a balanced result with the details of that result being included below at Table 1.

 

Table 1 – Forecast Budget Result 2016/2017 Consolidated (All Funds)

 

Item

Amount $

Operating Result

 

Operating Revenue

72,719,600

Less: Operating Expenditure

72,468,000

Operating Result – Surplus/(Deficit)

251,600

 

 

Funding  Result

 

 

 

Operating Result – Surplus/ (Deficit)

251,600

Add: Non cash expenses – Depreciation

12,515,100

Add: Capital Grants and Contributions

18,528,000

Add: Loan Funds Used

0

Add: Asset Sales

760,000

Less: Capital Works

(41,669,800)

Less: Loan Principal Repayments

(2,664,300)

Funding Result – Surplus/(Deficit) (Cash Movement)

(12,279,400)

Reserves Movement – Increase/(Decrease)

(12,279,400)

Overall Budget Result – Surplus/(Deficit) (Operating + Funding)

0

 

Table 1 indicates a forecasted balanced budget result and this relates to the General Fund.  The forecast General Fund Accumulated Surplus (Working Funds) position based on the draft budget included at Table 1 is outlined in Table 2 below:

 

Table 2 – Revised Forecast General Fund Accumulated Surplus (Working Funds)

 

Item

$

Forecast accumulated surplus to 30 June 2016 at 31 December 2015 Budget Review

919,100

Add: Estimated initial draft 2015/2016 budget result

0

Forecast accumulated surplus to 30 June 2016

919,100

 

In addition to Tables 1 and 2 above, budgeted financial statements incorporating and Operating Statement and Cash Flow Statement have been produced for the first time.  These financial statements replicating the format of Council’s Annual Financial Statements are included in Attachment 3.

 

To arrive at the Draft Budget Results outlined in Table 1 and Table 2 for the 2016/2017 financial year, Council’s revenue and operational expenses are expected to be derived from the following sources and allocated respectively as outlined in the graphs below:

 

 

 

In addition to the operational aspects of the proposed Draft 2016/2017 Budget Estimates, Council is proposing a capital works program of $41.670million. This amount includes $32.131million in the General Fund, $2.496million in the Water Fund and $5.306million in the Sewerage Fund. 

 

Significant capital works in the General Fund are outlined in Table 3 indicating projects greater then $100,000 in value:

 

Table 3 – Significant General Fund Capital Works Projects greater then $100,000

 

Budget Program

Description

Expenditure $

Local Roads and Drainage

Lawson St South Carpark extension to Railway Park

210,000

Local Roads and Drainage

Myocum Road Pavement Renewal

600,000

Local Roads and Drainage

Main Arm Road - Blind Mouth Causeway upgrade

380,100

Local Roads and Drainage

Bridges works subject to inspection

184,100

Local Roads and Drainage

O'Mearas Bridge

350,000

Local Roads and Drainage

Marine Parade Footpath at Wategoes

250,000

Local Roads and Drainage

South Golden Beach Drainage - Peter Street

203,000

Local Roads and Drainage

South Golden Beach Drainage - Robin Street

179,000

Local Roads and Drainage

Road Reseal Program

650,000

Local Roads and Drainage

Federal Drive Goonengerry Pavement Upgrade

730,000

Local Roads and Drainage

Broken Head Road

600,000

Local Roads and Drainage

Byron Bay Bypass

11,950,000

Local Roads and Drainage

Byron Bay Bypass Stage 2 Investigations

250,000

Local Roads and Drainage

Lawson/Massinger Street Roundabout

583,200

Local Roads and Drainage

Byron St Byron Bay

645,000

Local Roads and Drainage

Road Renewals North Shire (Roundhouse Funding)

2,688,800

Local Roads and Drainage

Clifford St Intersection with Broken Head Road

1,200,000

Local Roads and Drainage

Bayshore Drive Roundabout

2,500,000

Local Roads and Drainage

Parking Implementation

100,000

Roads & Maritime Services

Broken Head Road

311,000

Open Space and Recreation

Civic Improvements Byron Bay Town Centre

450,000

Open Space and Recreation

Sports Grounds Storage Sheds

100,000

Open Space and Recreation

Bangalow Weir

150,000

Open Space and Recreation

Shara Blvd Sportsfield Development

733,000

Open Space and Recreation

North Shire Works (Roundhouse Funding)

332,700

Waste Management

Resource Recovery Centre Expansion

150,000

First Sun Holiday Park

Cabin Upgrades

200,000

First Sun Holiday Park

Amenities/Camp Kitchen Refurbishment

230,000

Suffolk Beachfront Holiday Park

Cabins

540,000

Suffolk Beachfront Holiday Park

Amenities Block Replacement

350,000

Facilities Management

Suffolk Park Hall Upgrade

300,000

 

Total

28,099,900

 

In addition to the General Fund capital works projects listed in Table 3 above, there are also a number of other capital works projects that individually are below $100,000 but collectively equal another $4.031million.

 

In terms of overall capital works expenditure proposed in 2016/2017, the proportionate allocation is proposed by Budget Program as outlined in the graph below:

 

 

Further to the level of Capital Works expenditure proposed for 2016/2017, Council is also proposing to allocate new operating expenditure for non capital projects as outlined in Table 4 below:

 

Table 4 – New Operating Expenditure for Non-Capital Projects

 

Budget Program

Description

Expenditure $

People & Culture Services

Recruitment E-Services

10,000

Councillor Services

Council Election

210,000

Councillor Services

Councillor Equipment

30,000

Information Services

Process Mapping Software

21,600

Information Services

IT Strategic Plan Actions

275,000

Governance Services

Delegations Management

21,000

Community Development

Social Innovation & Entrepreneurship Education

5,000

Community Development

Disability Inclusion Planning

10,000

Emergency Services & Floods

North Byron FRMS&P (Net Cost)

60,000

Development & Certification

On Line Applications

45,000

Planning Policy & Natural Environment

Beach Scraping

53,000

Planning Policy & Natural Environment

Estuary CZMP

10,000

Planning Policy & Natural Environment

Employment Land Strategy

20,000

Planning Policy & Natural Environment

LEP & DCP Review

10,300

Economic Development

Business Retention and Expansion Survey

20,000

 

Total

800,900

 

Whilst this report to Council is concerned with the oncoming Operational Plan for the 2016/2017 financial year, Council also needs to consider its longer term financial projections.  In that regard, the long term financial projections currently do not include the following:

 

·   Direct linkage to any funding gap yet to be identified in Asset Management Service Plans which could require greater funding then current budget allocations.

 

·   Review current budget projections over the next nine financial years beyond 2016/2017 in order to update the Long Term Financial Plan.  Current expenditure predictions on a operational and capital basis are in excess of revenue sources identified.

 

The budget projections realistically still demonstrate the difficulty Council has absorbing additional costs without corresponding revenue.  It can only be emphasised that Council must consider carefully the long term implications on its finances, in any consideration to add a new asset/service. 

 

Subject to Council approving the Draft 2016/2017 Budget Estimates forming part of the Draft 2016/2017 Operational Plan it will need to revisit and update the Long Term Financial Plan (LTFP) for the period 2016/2017 to 2026/2027 including the provision of scenarios. 

 

Once Council has determined the Draft 2016/2017 Budget Estimates position, work on updating the Long Term Financial Plan (LTFP) will commence which will also require a review of the projected budget results for the following nine financial years subsequent to 2016/2017 in accordance with the adopted Council Improvement Plan under Fit for the Future.   Further work is also proposed to be undertaken to incorporate Council’s progress against the Fit for the Future benchmarks projected for the 2016/2017 financial year.

 

·    Draft General Land Rates and Charges

 

Ordinary rates have been increased by 1.8% in accordance with the IPART determination for 2016/2017 which forms the basis of the budget result presented.   The proposed rating structure for 2016/2017 is at this stage as outlined in the Statement of Revenue Policy in Attachment 1.

 

Importantly, Council has received new land valuations from the Valuer General to apply for the purposes of levying general land rates for the 2016/2017 financial year.  Utilising Council’s existing rating structure and yield differentials to the advalorem rate, this will alter the general land rates paid by the different rating categories compared with current yields.  Even though the total general land rate yield is only to increase by 1.80% as per the 2016/2017 determined rate peg, some ratepayers will see general land rate increases greater then 1.80% whilst other ratepayers may see decreases.  Land value is the determining factor for these results and is outside Council’s control.

 

On an average basis, indicative average general land rate changes are outlined in Table 5 below:

 

Table 5 – Average General Land Rates Comparison

 

Category

2015/2016 $

2016/2017 $

% Change

Residential

1,095.68

1,139.02

3.8%

Business Ordinary

2,026.66

2,071.32

2.2%

Business Byron CBD

4,814.96

4,437.19

-8.5%

Farmland

1,868.03

1,605.54

-16.3%

Overall

1,276.32

1,298.83

1.8%

 

In terms of the changes to rateable land values following the revaluation by the Valuer General, this is outlined by Rating Category in Table 6 below:

 

Table 6 – Rateable Land Values Changes by Rating Category

 

Category

2015/2016 Value $

2016/2017 Value $

% Change

Residential

4,662,309,104

6,114,888,476

31.1%

Business Ordinary

482,686,104

620,779,765

28.6%

Business Byron CBD

287,557,919

331,865,804

15.4%

Farmland

472,889,295

510,767,770

8.0%

Whilst overall rateable land value has increased by 21% compared to the land values used for rating in the 2015/2016 financial year, as outlined in the different rating categories above in Table 6, the valuation increases in Residential and Business Ordinary rating categories have increased significantly more.

 

Other changes to charges include:

 

·   Waste charges are proposed to be amended following further revision to proposed service types and revenue requirements for both domestic and non domestic waste.  The Waste Operations charge is proposed to be increased by $35.00 or doubled to $70.00 but there is a proposal to reduce the domestic waste charge by $20.00 so the net increase for most customers is likely around $15.00 in terms of domestic waste.

 

·   Standard Water and Sewerage charges are proposed to be increased by 2% each respectively and then the best practice water and sewerage guidelines applied.

 

·   Storm water charges will not change as this is a legislated charge.

 

·    Draft Fees and Charges

 

The 2016/17 Fees and Charges have been reviewed by respective program managers and included at Attachment 2.  Where possible, fees have been altered/increased to reflect the following specific changes:

 

·    Increases in the Consumer Price Index (CPI)/Indexation assumed at 1.8%.

 

·    Review of fees and charges including benchmarking and where possible introduction of new fees to assist Council generate additional/enhanced revenue as themed by its Financial Sustainability Project Plan.

 

·      The Office of Local Government are yet to determine the fee to apply for Section 603 Certificates or the Statutory Interest Rate to apply for overdue rates and charges.  Once the determination has been advised, it is proposed Council apply the maximum amounts advised in respect of both items.

 

For the 2016/2017 financial year, the Draft Fees and Charges are in a new format as produced by new fees and charges software acquired by Council to manage its fees and charges.  The revised format is designed to make the document easier to use and will enable publication on Council’s website once formally adopted.

 

3.       Community Consultation

 

The Annual suite of Integrated Planning and Reporting documents will be placed on public exhibition for a period of no less than 28 days seeking submissions from the community. 

 

Financial Implications

 

Council in the preparation of its Operational Plan is required to include a number of statements in relation to its Revenue Policy for 2016/2017.  This includes a statement containing the draft estimate of Council’s Income and Expenditure or Budget for this period.  The other statements identified in Clause 201 of the Local Government (General) Regulation 2005 are in the main dependant upon the rate pegging limits approved by the Minister for Local Government (now the Independent Pricing and Regulatory Tribunal (IPART)), any application for a special rate variation and Council’s decisions in relation to expenditure, income and the associated fees and charges.

 

The assumptions/parameters used in preparing the Draft 2016/2017 Budget Estimates include the following:

 

·    Rate peg increase 1.8% as announced by IPART.

·    Growth in rateable assessments of 1%.

·    Indexation of expenditure limited to 0.8% to assist in deriving a 1% efficiency gain.

·    Allowance of the 2.8% pay increase applicable in 2017/2018 under the Local Government (State) Award 2014.

·    No new loan borrowings proposed for 2016/2017.

·    Interest on investments around 3% plus active management of the investment portfolio to keep it short around three month maturities to take opportunities of market offerings.

·    Reflective of the Actions contained in the Draft 2015/2016 Operational Plan.

 

The financial forecast of the General Fund has been discussed in detail earlier in this report, however it is suggested Council needs to look at its longer term financial position, especially in the area of infrastructure maintenance and renewal in comparison to other areas of service provided.   This is especially so given the requirements stipulated by the NSW State Government as part of its ‘Fit for the Future’ reform.

 

The Water and Sewer budgets have been prepared with pricing to generate the required revenue to repay debt (Sewer), to address capital works and ongoing maintenance works in these Funds. 

 

Statutory and Policy Compliance Implications

 

In respect of the Draft 2016/2017 Operational Plan, Council must comply with the provisions of Section 405 of the Local Government Act 1993 as described below concerning the adoption of an Operational Plan.

405   Operational plan

“(1)  A council must have a plan (its operational plan) that is adopted before the beginning of each year and details the activities to be engaged in by the council during the year as part of the delivery program covering that year.

 

(2)  An operational plan must include a statement of the council’s revenue policy for the year covered by the operational plan. The statement of revenue policy must include the statements and particulars required by the regulations.

 

(3)  A council must prepare a draft operational plan and give public notice of the draft indicating that submissions may be made to the council at any time during the period (not less than 28 days) that the draft is to be on public exhibition. The council must publicly exhibit the draft operational plan in accordance with the notice.

 

(4)  During the period of public exhibition, the council must have for inspection at its office (and at such other places as it may determine) a map that shows those parts of its area to which each category and sub-category of the ordinary rate and each special rate included in the draft operational plan applies.

 

(5)  In deciding on the final operational plan to be adopted, a council must consider any submissions that have been made concerning the draft plan.

 

(6)  The council must post a copy of its operational plan on the council’s website within 28 days after the plan is adopted.”

 

The specific statements required by Council to be disclosed as part of its Revenue Policy are determined by Clause 201 of the Local Government (General) Regulation 2005 as follows:

 

201 Annual statement of council’s revenue policy

 

“(1)    The statement of a council’s revenue policy for a year that is required to be included in an operational plan under section 405 of the Act must include the following statements:

 

(a) a statement containing a detailed estimate of the council’s income and expenditure,

 

          (b) a statement with respect to each ordinary rate and each special rate proposed to be levied,

 

Note: The annual statement of revenue policy may include a note that the estimated yield from ordinary rates is subject to the specification of a percentage variation by the Minister if that variation has not been published in the Gazette when public notice of the annual statement of revenue policy is given.

 

(c) a statement with respect to each charge proposed to be levied,

 

(d) a statement of the types of fees proposed to be charged by the council and, if the fee concerned is a fee to which Division 3 of Part 10 of Chapter 15 of the Act applies, the amount of each such fee,

 

(e) a statement of the council’s proposed pricing methodology for determining the prices of goods and the approved fees under Division 2 of Part 10 of Chapter 15 of the Act for services provided by it, being an avoidable costs pricing methodology determined by the council in accordance with guidelines issued by the Director-General,

 

(f) a statement of the amounts of any proposed borrowings (other than internal borrowing), the sources from which they are proposed to be borrowed and the means by which they are proposed to be secured.

 

(2)     The statement with respect to an ordinary or special rate proposed to be levied must include the following particulars:

 

(a) the ad valorem amount (the amount in the dollar) of the rate,

 

(b) whether the rate is to have a base amount and, if so:

 

(i) the amount in dollars of the base amount, and

 

(ii) the percentage, in conformity with section 500 of the Act, of the total amount payable by the levying of the rate, or, in the case of the rate, the rate for the category or sub-category concerned of the ordinary rate, that the levying of the base amount will produce,

 

(c) the estimated yield of the rate,

 

(d) in the case of a special rate-the purpose for which the rate is to be levied,

 

(e) the categories or sub-categories of land in respect of which the council proposes to levy the rate.

 

(3)     The statement with respect to each charge proposed to be levied must include the following particulars:

 

(a) the amount or rate per unit of the charge,

 

(b) the differing amounts for the charge, if relevant,

 

(c) the minimum amount or amounts of the charge, if relevant,

 

(d) the estimated yield of the charge,

 

(e) in relation to an annual charge for the provision by the council of coastal protection services (if any)-a map or list (or both) of the parcels of rateable land that are to be subject to the charge.

 

(4)     The statement of fees and the statement of the pricing methodology need not include information that could confer a commercial advantage on a competitor of the council. “


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Report No. 13.2           Investments March 2016

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2016/229

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the month of March 2016 for Council’s information. 

 

This report is prepared to comply with Regulation 212 of the Local Government (General) Regulation 2005.

 

  

 

RECOMMENDATION:

That the report listing Council’s investments and overall cash position as at 31 March 2016 be noted.

 

 

 

 


 

Report

 

In relation to the investment portfolio for March 2016, Council has continued to maintain a diversified portfolio of investments. The average 90 day bank bill rate (BBSW) for the month of March was 2.31%.  Council’s performance for the month of March is 2.88%. Councils’ performance is again higher than the benchmark.  This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits

 

The table below identifies the investments held by Council as at 31 March 2016:

 

Schedule of Investments held as at 31 March 2016

 

Purch Date

Principal ($)

Description

CP*

Rating

Maturity Date

Type

Interest Rate Per Annum

Current Value

20/06/12

500,000

HERITAGE BANK LTD BONDS

N

BBB+

20/06/17

B

7.25%

524,400.00

04/01/16

1,000,000

AUSWIDE BANK LTD (Previously Wide Bay)

P

BBB

04/04/16

TD

2.95%

1,000,000.00

08/02/16

2,000,000

NAB

P

AA-

08/07/16

TD

3.02%

2,000,000.00

04/03/16

2,000,000

NAB

N

AA-

06/06/16

TD

3.09%

2,000,000.00

04/01/16

2,000,000

NAB

N

AA-

04/04/16

TD

3.05%

2,000,000.00

08/01/16

2,000,000

BANKWEST

P

A1+

08/04/16

TD

3.00%

2,000,000.00

02/02/16

1,000,000

BANKWEST

N

A1+

02/05/16

TD

2.95%

1,000,000.00

12/02/16

2,000,000

NAB

N

AA-

12/05/16

TD

3.01%

2,000,000.00

22/02/16

2,000,000

NAB

N

AA-

23/05/16

TD

3.02%

2,000,000.00

07/12/15

2,000,000

SUNCORP

P

A+

05/04/16

TD

3.00%

2,000,000.00

04/01/16

2,000,000

AUSWIDE BANK LTD (Previously Wide Bay)

N

BBB

04/04/16

TD

2.95%

2,000,000.00

24/02/16

2,000,000

BANK OF QUEENSLAND

P

A2

23/06/16

TD

3.00%

2,000,000.00

02/02/16

2,000,000

NAB

N

AA-

02/06/16

TD

3.01%

2,000,000.00

01/02/16

2,000,000

NAB

N

AA-

02/05/16

TD

3.02%

2,000,000.00

14/01/16

1,000,000

NAB

N

AA-

14/04/16

TD

3.07%

1,000,000.00

07/03/16

1,000,000

NAB

N

AA-

06/06/16

TD

3.10%

1,000,000.00

08/02/16

1,000,000

NAB

N

AA-

09/05/16

TD

3.02%

1,000,000.00

14/03/16

3,000,000

BANKWEST

N

A1+

12/07/16

TD

3.00%

3,000,000.00

08/02/16

2,000,000

NAB

N

AA-

06/06/16

TD

3.01%

2,000,000.00

02/02/16

3,000,000

ME BANK

N

BBB

04/07/16

TD

2.95%

3,000,000.00

05/02/16

2,000,000

NAB

N

AA-

05/05/16

TD

3.02%

2,000,000.00

19/02/16

2,000,000

NAB

N

AA-

19/05/16

TD

3.02%

2,000,000.00

26/02/16

3,000,000

NAB

N

AA-

26/05/16

TD

3.02%

3,000,000.00

29/02/16

2,000,000

AMP BANK

N

A

29/08/16

TD

3.00%

2,000,000.00

01/02/16

2,000,000

NAB

N

AA-

02/06/16

TD

3.02%

2,000,000.00

06/01/16

2,000,000

NAB

N

AA-

06/04/16

TD

3.04%

2,000,000.00

08/10/15

2,000,000

BANK OF QUEENSLAND

P

A2

07/04/16

TD

3.00%

2,000,000.00

27/01/16

2,000,000

ME BANK

N

BBB

26/04/16

TD

2.95%

2,000,000.00

08/02/16

2,000,000

ME BANK

N

BBB

08/04/16

TD

2.65%

2,000,000.00

10/11/15

2,000,000

ING BANK (Australia)

N

A2

10/05/16

TD

2.90%

2,000,000.00

10/11/15

2,000,000

BANK OF QUEENSLAND

N

A2

10/05/16

TD

2.90%

2,000,000.00

12/11/15

2,000,000

ING BANK (Australia)

N

A2

12/05/16

TD

2.90%

2,000,000.00

23/02/16

1,000,000

BANKWEST

N

A1+

23/05/16

TD

3.00%

1,000,000.00

03/12/15

2,000,000

SUNCORP

N

A+

01/04/16

TD

3.00%

2,000,000.00

01/02/16

2,000,000

POLICE CREDIT UNION

N

NR

01/08/16

TD

3.10%

2,000,000.00

05/02/16

2,000,000

ME BANK

N

BBB

06/06/16

TD

2.95%

2,000,000.00

08/02/16

1,000,000

NEWCASTLE PERMANENT

N

BBB+

09/05/16

TD

3.00%

1,000,000.00

17/02/16

2,000,000

BANKWEST

N

A1+

17/05/16

TD

2.95%

2,000,000.00

01/03/16

2,000,000

BEYOND BANK

N

A2

01/06/16

TD

3.00%

2,000,000.00

03/03/16

2,000,000

SUNCORP

N

A1

01/06/16

TD

3.01%

2,000,000.00

09/03/16

2,000,000

SUNCORP

N

A1

07/06/16

TD

3.02%

2,000,000.00

N/A

1,663,250

CBA BUSINESS ONLINE SAVER

N

A

N/A

CALL

1.80%

1,663,249.87

Total

78,163,250

 

 

 

 

AVG

2.88%

78,187,649.87

 

Note 1.

CP = Capital protection on maturity

 

N = No Capital Protection

 

Y = Fully covered by Government Guarantee

 

P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

 

Note 2.

Type

Description

 

 

TD

Term Deposit

Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term.

 

CALL

Call Account

Principal varies due to cash flow demands from deposits/withdrawals, interest is payable on the daily balance.

 

Note 3.       Term Deposits can be traded on a day-to-day basis, and therefore Council is not obliged to hold the investments to the maturity dates.

 

For the month of March 2016, as indicated in the table below, there is a dissection of the investment portfolio by investment type. It illustrates the current fair value of investments has remained the same since February 2016, but overall is still demonstrating a cumulative unrealised gain of $24,400.

Dissection of Council Investment Portfolio as at 31 March 2016

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

76,000,000.00

Term Deposits

76,000,000.00

0.00

1,663,249.87

Business On-Line Saver (At Call)

1,663,249.87

0.00

500,000.00

Bonds

524,400.00

24,400.00

78,163,249.87

 

78,187,649.87

24,400.00

 

The current value of an investment compared to the principal value (face value or original purchase price) provides an indication of the performance of the investment without reference to the coupon (interest) rate. The current value represents the value received if an investment was sold or traded in the current market, in addition to the interest received.

 

The table below provides a reconciliation of investment purchases and maturities for the period 27 February 2016 to 31 March 2016 on a current market value basis. 

 

Movement in Investment Portfolio – 27 February 2016 to 31 March 2016

 

Item

Current Market  Value (at end of month) $

Closing Balance at 26 February 2016

78,180,754.92

Add: New Investments Purchased

12,000,000.00

Add: Call Account Additions

0.00

Add: Interest from Call Account

6,894.95

 

Less: Investments Matured

12,000,000.00

Less: Call Account Redemption

0.00

Less: Fair Value Movement for period

0.00

Closing Balance at 26 February 2016

78,187,649.87

 

Investments Maturities and Returns – 27 February 2016 to 31 March 2016

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

2,000,000.00

ME Bank

TD

01/03/16

91

3.00%

14,794.52

2,000,000.00

NAB

TD

04/03/16

91

2.96%

14,759.45

1,000,000.00

NAB

TD

07/03/16

182

2.93%

14,609.86

2,000,000.00

Bankwest

TD

08/03/16

90

3.00%

14,794.52

3,000,000.00

Bankwest

TD

14/03/16

91

3.05%

22,812.33

2,000,000.00

NAB

TD

24/03/16

91

3.04%

15,158.36

12,000,000.00

 

 

 

 

 

96,929.04

         

The overall ‘cash position’ of Council is not only measured by what funds Council has invested but also by what funds Council has retained in its consolidated fund or bank account as well for operational purposes. In this regard, for the month of March 2016 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 31 March 2016

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

76,000,000.00

76,000,000.00

0.00

Business On-Line Saver (At Call)

1,663,249.87

1,663,249.87

0.00

Bonds

500,000.00

524,400.00

24,400.00

Total Investment Portfolio

78,163,249.87

78,187,649.87

24,400.00

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

2,434,121.56

2,434,121.56

          0.00

Total Cash at Bank

2,434,121.56

2,434,121.56

0.00

 

 

 

 

Total Cash Position

80,597,371.43

80,621,771.43

24,400.00

 

Financial Implications

 

Council uses a diversified mix of investments to achieve short, medium and long-term results.

 

Statutory and Policy Compliance Implications

 

In accordance with Regulation 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies Council has invested under section 625 of the Local Government Act 1993.

 

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported.  In this regard, the current Council Meeting cycle does not always allow this to occur, especially when investment valuations required for the preparation of the report, are often received after the deadline for the submission of reports for the meeting.  Endeavours will be made to ensure the required report will be provided to Council and this will for some months require reporting for one or more months.

 

Council’s investments are carried out in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Ministers Order – Forms of Investment, last published in the Government Gazette on 11 February 2011.

 

Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

 

Council at its Ordinary Meeting held 8 October 2015 resolved through resolution 15-515 to insert a new objective into its adopted Investment Policy, which gives a third tier consideration by Council to Environmental and Socially Responsible Investments, when making investment decisions. 

 

Specifically, resolution 15-515 required the following new objective to be inserted in Council’s Investment Policy:

 

“1.3 Environmentally and Socially Responsible Investments

 

Council gives preference to finance institutions that invest in or finance Environmentally and

Socially Responsible Investments (SRI) where:

 

i)        The investment is compliant with legislation and investment policy objectives and

parameters; and

ii)       The rate of return is favourable relative to comparable investments on offer to Council

at the time of investment

 

SRI status may be in respect of the individual investment, the issuer of the investment, or

both and should be endorsed by an accredited environmentally and socially responsible

industry body or institution.

 

Environmentally and Socially Responsible Investments will be assessed on the same basis

as other investment opportunities and the Council will select the investment that best meets

its overall investment selection criteria.

 

The Council’s criteria relating to an SRI are those which:

 

•        direct investment towards the socially and environmentally productive activities listed

below

•        avoid investment in the socially and environmentally harmful activities listed below.

 

The criteria for SRI are all desirable and not mandatory requirements.

 

Environmentally productive activities are considered to be:

 

•        resource efficiency-especially water and energy

•        renewable energy

•        production of environmentally friendly products

•        recycling, and waste and emissions reduction

 

Socially productive activities are considered to be:

 

•        fair trade and provision of a living wage

•        human health and aged care

•        equal opportunity employers, and those that support the values of communities,

indigenous peoples and minorities

•        provision of housing, especially affordable housing

 

Environmentally harmful activities are considered to be:

 

•        production of pollutants, toxins and greenhouse gases

•        habitat destruction, especially destruction of forests and marine eco-systems.

•        nuclear power

•        uranium mining

•        coal seam gas mining

•        production or supply of armaments

 

Socially harmful activities are considered to be:

 

•        abuse of Human Rights and Labour Rights

•        involvement in bribery/corruption

•        production or supply of armaments

•        manufacture of alcohol, tobacco or gambling products”

A review of Council’s current investment portfolio has been undertaken to assess, in the absence of an Industry register of authorised deposit taking institutions that are committed to Environmentally and Socially Responsible lending and investing, the current extent that Council’s Investment Portfolio meets the objectives, as amended by resolution 15-515, noting the investments made prior to 8 October 2015. Staff have assessed that the investment funds held as at 31 March 2016, complied with Part 1 of Resolution 15-515 and the amended Policy Objectives, at the time the investment was made.

 

Part 1 of Resolution 15-515 being that

 

That Council give preference to finance institutions that invest in or finance Environmentally and Socially Responsible Investments where:

 

i)     The investment is compliant with legislation and investment policy objectives and parameters; and

 

ii)    The rate of return is favourable relative to comparable investments on offer to Council at the time of investment.”


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Lone Goat Gallery Strategic Plan

Directorate:                 Corporate and Community Services

Report Author:           Sarah Ford, Manager Community Development

File No:                        I2016/273

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report has been prepared to present to Council the Lone Goat Gallery Strategic Plan 2016-2019, developed by the Byron Library Exhibition Space Section 355 Management Committee. The Committee is seeking the support of Council for the Lone Goat Gallery Strategic Plan 2016-2019, and the implementation of the strategies and actions detailed in the Plan.

 

Lone Goat Gallery Strategic Plan 2016-2019 includes an action to engage a full-time Gallery Coordinator and the Committee is also seeking the support of Council to fund this action as part of implementing the Strategic Plan.

 

  

 

RECOMMENDATION:

1.       That Council acknowledge the work of the Byron Library Exhibition Space Section 355 Management Committee since their commencement, and the achievements of the Lone Goat Gallery.

 

2.       That Council support the Lone Goat Gallery – Strategic Plan 2016-2019 and the Committee in the implementation of the Plan.

 

3.       That Council staff work with the Byron Library Exhibition Space Section 355 Management Committee to identify potential additional sustainable/recurrent funding sources for the engagement of a Gallery Coordinator.

 

Attachments:

 

1        Lone Goat Gallery Strategic Plan 2016-2019, E2016/2746  

 

 


 

Report

 

The Loan Goat Gallery was established in 2013 in the new Byron Bay Library building. The gallery is operated by the Byron Library Exhibition Space Section 355 Committee and a dedicated group of 40+ volunteers. The primary purpose of the community gallery is to exhibit and celebrate the work of both established and emerging artists from the Byron region and beyond.

 

The Committee has delivered exhibitions that are of a high standard that are innovative, diverse and contemporary.

 

Due to the success of the Gallery operations the Byron Library Exhibition Space Section 355 Committee have developed a Strategic Plan, shown at Attachment A, to assist with the forward planning of the Gallery and the possibility of public art events within the Shire.  The Executive Summary of the Strategic Plan reads in part as follows:-

 

The Lone Goat Gallery is at an exciting and expansive stage of development. To guide this next stage of growth, we conducted a strategic planning process that has included input from volunteers and feedback from the community and the artists we support.

 

We have researched NSW Creative Industry strategies and Regional Arts bodies’ reports, and brought our goals into alignment with Byron Shire Council’s own strategic directions.

 

We solicited input from external stakeholders such as the ‘Ballina Northern Rivers Community Gallery’ and ‘Arts Northern Rivers’ the peak regional arts organisation.

 

We have collected data and reviewed our performance over the past 2 years of the Gallery operations.  We have identified the strengths and opportunities of our Gallery as well as the weaknesses and threats that face us in uncertain economic times.

 

Based on this process, we developed a disciplined long-term approach and action plan to expand the scope and impact of our work.  This strategic plan provides a clear blueprint for the Lone Goat Gallery’s future.

 

At its core, the plan shows the way toward building on our strengths as a nexus for innovation and excellence in the visual arts field in the Byron Shire and wider region.  It outlines a focused direction for diversifying and consolidating the work of the Gallery over the three year period by:

 

·    Engaging the services of a professional Gallery coordinator

·    Developing robust working relationships with a range of arts organisations and groups, including the library, for the benefit of clients and the community

·    Developing a sound financial basis for the future of the Gallery

·    Building on the great reputation the Gallery has established by expanding upon its visual arts programming to include (in partnership) off site public arts events and pop ups.

·    Developing a marketing and promotions strategy that will capture new audiences and attract high profile income generating exhibitions

·    More effective harnessing and utilisation of the skills of highly qualified and expert volunteers

·    More effective resource sharing through the development of strategic partnerships.

 

The Lone Goat Gallery is well located in a popular tourist destination that receives in excess of 3,076,000 visitors per annum; it is in a prime position and has a unique opportunity to enhance the profile of local artists to new and international audiences.

 

It is the intention of the Gallery to attract a wider percentage of these visitors to give them an enriched experience of this nature that they would not normally have here by seeing and experiencing the creativity in the Byron Region. This will be achieved through programming, targeted promotion and strategic alliances with business and tourism as well as with regional arts groups.

 

The Northern Rivers area and Byron Shire in particular is a ‘hotspot’ of creativity. However, with the exception of the music and book festivals the visual arts are under-resourced and randomly organised. There is much potential benefit to be gained by the consolidation and networking of the groups, galleries and arts schools. This can create an economy of scale around the attraction of investment and funding and delivery of public arts projects.  There is every indication that funding will be available for such a collaborative outcome.

 

The Gallery will work closely with Arts Northern Rivers in 2016 as they have a focus on the visual arts for the year ahead.  There exists potential to do joint projects on artist development seminars and talks and exploring new initiatives utilising the NBN to create on line art markets. Wider markets and increased sales and artist recognition could be achievable outcomes over time, with appropriate resourcing. 

 

In order to progress the strategic aims of the Gallery it has to grow into a bigger role. This growth is currently impeded by the need for paid professional staff.

 

The volunteer Committee has reached capacity in relation to the workload the Gallery is now generating.  There is an urgent need to source funding for a Gallery coordinator who with the help of the Committee, can progress all elements of their strategic plan.

 

It is noted that all other Local councils in our region entirely support regional and community Gallery positions.

Recommendation

 

1.       That Byron Shire Council assist the Byron Library Exhibition Space Section 355 Management Committee by fully supporting a position of a Gallery Coordinator, at the Lone Goat Gallery for a 3 year term in line with this Strategic Plan.

 

2.       That funding for this position come from Council, the Gallery’s surplus funds and funding support from other agencies, if available.

 

The Section 355 Committee managing the Lone Goat Gallery has worked beyond the expectations of Council and should be applauded for their work to date.  The proposed recommendation acknowledges their work and supports the Strategic Plan and the engagement of a Gallery Coordinator when funds are identified and available.

 

As noted in the Lone Goat Gallery Strategic Plan 2016-2019, the critical success factor for the Gallery to achieve the outcomes set out in the Plan is the engagement of a paid Gallery Coordinator. Without a paid coordinator, there is no capacity for the Lone Goat Gallery committee to implement actions in the Plan, including exploration and implementation of additional sustainable revenue streams such as a retail outlet and philanthropic support.

 

Financial Implications

 

The Committee presently engage a Booking’s Officer at $100 per week and a Volunteer Coordinator at $100 per week.

 

Income received from hire fees and commission of artwork sold at the gallery supports the above payments together with cleaning, maintenance and operating costs. 

 

The 2014/2015 Income from the Hire of the gallery space, commission of art sales and donations was approx. $23,000.  The total expenditure was approx. $19,000.  Additionally at 30 June 2015, Council maintained a reserve of $10,840 for the Byron Bay Exhibition Space Section 355 Committee.

 

For the 2015/2016 financial year to the end of February 2016, revenue of $13,305 has been received and $11,429 in expenses incurred leaving a surplus of $1,876 so far this financial year.

 

The Committee has resolved to maintain the current hire fees until it can offer a greater level of services to the artist (hirer).

 

In regard to the costing of a Gallery Coordinator, a Position Description has been developed and assessed against Council’s salary structure to be a grade 7 position.  Inclusive of oncosts, it is estimated on a full time basis as of 1 July 2016, taking into account the latest award pay increase in the Local Government State Award, the cost of this position would be $74,200.

 

In consideration of this request, the Byron Library Exhibition Space Section 355 Committee has indicated they are willing to make a $15,000 annual contribution towards funding this position.  Principally they are able to do this as they will redirect current expenditures for volunteering and booking officer purposes.  This alone will generate $10,400 per annum with the remainder to be generated via activities.

 

If Council were to fund this position, it would need to include as a net cost $59,200 in the Draft 2016/2017 Budget Estimates for consideration amongst other priorities. At the time of preparing this report such provision has not been made in the Draft 2016/2017 Budget Estimates, pending the investigation of potential additional sustainable funding sources.

 

The Byron Library Exhibition Space Section 355 Committee is further prepared to explore the following propositions:

·    A part time Gallery Coordinator to implement the critical priorities in the Lone Goat Gallery Strategic Plan 2016-2019, including investigating opportunities for additional funds to grow the position

·    Sharing the Gallery Coordinator role with an existing part-time position within Byron Shire Council to achieve economies of scale

 

Statutory and Policy Compliance Implications

 

Section 355 Committees operate under Section 355 Committee Guidelines.  These Guidelines, information on the Byron Library Exhibition Space Section 355 Management Committee and their meeting Minutes can be found on Council’s web site at www.byron.nsw.gov.au


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           Draft Safer Community Compact 2016-2019

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2016/274

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

The Safer Community Compact 2012-2016 is for a pre-determined period and has now reached its expiry date.

 

Three successful funding applications in funding rounds during the life of the 2012-2016 Safer Community Compact have funded several projects including improved street lighting, a trial of a Late Night Bus and an Alcohol Education Campaign.

 

This report has been prepared to provide Council with a Draft Safer Community Compact 2016-2019 for both consideration and endorsement.

 

The Draft Safer Community Compact 2016-2019 when endorsed will replace the expired Safer Community Compact 2012-2016, and allow Council to make further funding applications, to access NSW Crime Prevention funds in future funding rounds.

 

Councils also need to have its Safer Community Compact endorsed by NSW Attorney General’s Department.

 

  

 

RECOMMENDATION:

That Council endorse the Draft Safer Community Compact 2016-2019 in order that:

 

1.       Council can refer the Draft Safer Community Compact 2016-2019 to the NSW Attorney General’s Department for endorsement

 

2.       Council will then be eligible to apply for NSW Crime Prevention funding on an annual basis.

 

Attachments:

 

1        Draft Safer Community Compact 2016-2019, E2016/16143  

 

 


 

Report

 

The Safer Community Compact 2012-2016 is now out of date. Three successful funding rounds during the life of the 2012-2016 Safer Community Compact have funded several projects including improved street lighting, a trial of a Late Night Bus and an Alcohol Education Campaign.

 

The achievements over the past 3 to 4 years are outlined in a Community Safety Fact Sheet which was prepared recently and is available on Council’s website http://www.byron.nsw.gov.au/crime-prevention. By far the greatest achievement of the Safer Community Compact 2012-2016 is the improved collaboration amongst Council, Police, and key stakeholder groups such as the Byron Bay Liquor Accord and businesses.

 

This report provides the Draft Safer Community Compact 2016-2019 for Council’s endorsement. In order to have access to NSW Crime Prevention funds, Councils need to have a Safer Community Compact endorsed by NSW Attorney General’s Department.

 

The process for developing the Draft Safer Community Compact 2016-2019 has detailed below:

 

1.        A review of the Safer Community Compact 2012-2016

2.        A review of the Community Safety Audits 2008 and 2013 for Byron Bay CBD, undertaken by Police

3.        A review of the Draft Byron Bay Town Centre Masterplan, particularly the ‘Safe & Friendly Centre’ strategies and public domain strategies

4.        Research and fact collection, in the main using the Bureau of Crime Statistics and Research data

5.        Consultation with Tweed-Byron Local Area Command of NSW Police

6.        A workshop was held on 2 March where consultation occurred with the following key stakeholders:

a.       The Vibrant Byron Bay Project Reference Group members, which included Councillors, business groups, Police, Byron Youth Service and Byron Bay Liquor Accord

b.       Health workers – a GP and a representative from North Coast Area Health (health promotion)

c.       Representatives from Byron Community Centre and Mullumbimby & District Neighbourhood Centre

d.       Representatives from The Buttery

e.       Representatives of transport operators – Byron Bay Taxis and Blanch’s Bus Lines

f.       Byron Bay Chamber of Commerce

7.        A workshop was held with Councillors on 24 March.

8.        Information from consultation was collated and the draft Safer Community Compact was finalised.

 

The Compact analyses the ‘top’ crimes for Byron Shire and provides an evidenced based approach to identifying the top two priority crimes. These remain unchanged from the previous Safer Community Compact, namely:

 

1.        Assault – Non domestic violence (particularly alcohol-related), and

2.        Other Theft.

 

Preliminary work has been undertaken to identify four projects aimed at reducing the priority crimes, and which will form the basis of future funding applications submitted by Council to access NSW Crime Prevention funds, in future funding rounds which are open annually.

 

Financial Implications

 

In order to have access to NSW Crime Prevention funds, Councils need to have a Safer Community Compact endorsed by NSW Attorney General’s Department.

 

The NSW Crime Prevention funding round is open annually and Council has been invited to apply for up to $50,000 per year (unmatched).

 

Statutory and Policy Compliance Implications

 

Operational Plan 2015/16


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Section 355 Committee - Senior Citizen's Hall, Byron Bay

Directorate:                 Corporate and Community Services

Report Author:           Sarah Ford, Manager Community Development

File No:                        I2016/314

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

The Byron Bay Autumn Club Inc. lease over the Senior Citizens Hall, Marvel Street Byron Bay expires on the 30 June 2016. This report outlines a proposal to form a Section 355 Committee to manage the operation and maintenance of the hall.

 

  

 

RECOMMENDATION:

1.       That Council approves the formation of a Section 355 Committee to manage the operation and maintenance of the Senior Citizen’s Hall, Byron Bay.

 

2.       That Council advertise for Expressions of Interest from the community to form the Section 355 Committee.

 

3.       That the Section 355 Committee be delegated the authority to:

 

a)      Manage the operation and maintenance of the Senior Citizen’s Hall, Byron Bay

 

b)      To collect income and incur expenditure, within approved budget allocations and Council policies and procedures, for the maintenance and operation of the building

 

 

 

 


 

Report

 

Land Information

Address:                        37 Marvell Street Byron Bay

Reserve:                       R89520 Byron Bay Senior Citizens

Owner:                          NSW Department of Primary Industries – Crown Lands

Trustee:                         Byron Bay (R89520) Reserve Trust

Trust Manager:             Byron Shire Council

Gazetted Purpose:        Senior Citizens’ Centre

 

The Byron Bay Autumn Club has leased the Byron Bay Senior Citizen’s Hall for a number of years. The Club uses the building regularly and manages the hiring of the facility to a wide range of users. The committee is also responsible for the care and control of the building, including general building maintenance.

 

Due to a decline in membership and the age of the members, the Autumn Club committee have formally notified Council that they do not have the capacity to lease the building beyond June 30 2016.

 

Meeting rooms and workshop spaces in Byron Bay are limited. The Senior Citizen’s Hall is an important community asset for this reason. The Autumn Club has expressed interest in hiring the hall on a weekly basis for meetings. User groups who currently hire the hall from the Autumn Club also wish to continue hire arrangements.

 

A Section 355 Committee is a management model well suited to the Byron Bay Senior Citizen’s Hall. There is strong community ownership of the building and a willingness by the community to support its functions. Should the formation of a Section 355 Committee to manage the facility be endorsed it will be managed consistent with the Crown Land gazetted purpose of Senior Citizen’s Centre.

 

Ideally the Section 355 Committee management model would be operational by 1 July 2016 in order to prevent disruption to the regular users of the facility. Building works to address minor maintenance and safety issues and excluding major project works will be undertaken prior to 30 June 2016. 

 

Financial Implications

 

Maintenance and repair costs estimated at $25,000 will be funded from the 2015/16 Special Rate Community Building Maintenance budget.

 

Statutory and Policy Compliance Implications

 

Section 355 Management Committees operate under Section 355 Committee Guidelines which is available on Council’s web site at http://www.byron.nsw.gov.au/section-355-committees

  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.6

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.6           Report of the Planning Review Committee Meeting held on 31 March 2016

Directorate:                 Sustainable Environment and Economy

Report Author:           Wayne Bertram, Manager Sustainable Development

File No:                        I2016/295

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report provides the outcome of the Planning Review Committee Meeting held on 31 March 2016.

 

 

 

  

RECOMMENDATION:

That the report be noted.

 

 

 


 

Report:

 

The meeting commenced at 1.00pm and concluded at 2.05pm.

Present: Crs Dey, Hunter, Cameron

Apologies: Nil

 

The following development applications were reviewed with the outcome shown in the final column.

 

DA No.

Applicant

Property Address

Proposal

Exhibition

Submissions

Reason/s

Outcome

10.2016.59.1

Mr C Weber

60 Stuart Street Mullumbimby

Alterations and Additions to existing Medical Centre

Level 2

3/3/16 to 16/3/16

 

Nil

Delegated Authority

10.2016.34.1

Joe Davidson Town Planning

7 Tyagarah Street Mullumbimby 

Secondary Dwelling

Level 1

23/2/16 to 7/3/16

 

4 submissions

The number of public submissions

 

The validity of the matters raised in the public submissions

 

The perceived public significance of the application.

 

Council

 

 

10.2016.115.1

Mr J G Ferrier

43 Gordon Street Mullumbimby

Secondary Dwelling

Level 1

16/3/16 to 29/3/16

 

2 submission

Delegated Authority

10.2016.97.1

Pace Development Group

7 Marvell Street

Demolition of Existing Building, Tourist and Visitor Accommodation, Swimming Pool, Two (2) Levels of Basement Car Parking and Commercial Premises

Level 2

10/3/16 to 23/3/16

 

16 submissions

 

Delegated Authority

 

As Council determined the original development application, the Section 96 application to modify the following development consent was referred to the Planning Review Committee to decide if the modification application could be determined under delegated authority.

 

The following Section 96 application was reviewed with the outcome shown in the final column.

 

DA No.

Applicant

Property Address

Proposal

Exhibition

Submissions

Reason/s

Outcome

10.2012.407.4

Planners North

45-47 Lawson Street

Byron Bay

S96 to modify approved plans

Level 2

10/3/16 to 23/3/16

 

No submissions

Delegated Authority

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.7

 

 

Report No. 13.7           Economic Development Strategy - Enterprising Byron 2025

Directorate:                 Sustainable Environment and Economy

Report Author:           Jane Laverty, Economic Development and Tourism Coordinator

File No:                        I2016/305

Theme:                         Economy

                                      Economic Development

 

 

Summary:

 

The Byron Shire Economic Development Strategy – Enterprising Byron 2025, has been developed though consultation with business and industry leaders, Councillors and other regional stakeholders.  The development process has also drawn from existing Council plans, State and Federal Government strategies and reference to economic and community profile statistics.

The Enterprising Byron 2025 vision is for a resilient and diverse economy providing for our community in a sustainable manner.

The Strategy is now in a form that will benefit from further consultation with stakeholders to enhance project partnerships, set timeframes, review budget allocations if required and determine action plan tasks. This will also allow for early implementation of projects and initiatives that have resource allocation and/or able to commence at no cost.

It is intended that feedback from stakeholders be incorporated into the final Strategy, and the evolving action plan, and reported back to Council in June.

  

 

RECOMMENDATION:

1.       That Council endorse the Byron Shire Economic Development Strategy – Enterprising Byron 2025, for further consultation and development.  This would include a web based survey for community and further engagement with the following targeted stakeholders:

a)      local Chamber of Commerce executives

b)      a selection of business and industry leaders

c)      State Government agencies and other regional stakeholders

d)      Councillors and the Sustainable Economy Committee

 

2.       That Council note that further consultation feedback from stakeholders will be incorporated into the final  Byron Shire Economic Development Strategy – Enterprising Byron 2025 to be reported back to Council in June.

 

Attachments:

 

1        Enterprising Byron 2025 draft for further consultation, E2016/23924  

 

 


 

Report

Background

Byron Shire is currently largely reliant on the visitor economy to sustain jobs and employment, and there is a significant multiplier effect throughout the economy from this industry sector.  Overall the Byron Shire employment data shows trends if high casual employment and lower income levels.   Statistics also show a high level of under employment and high youth unemployment.

The opportunities for the Byron Shire to generate employment and create work over the next 10 years will come from strengthening the localisation of employment in the visitor economy and a concentrated focus on the Shire’s emerging strengths in industry sectors within the food economy and creative and knowledge industries linked to design and innovation.

The Byron brand is a significant part of the Shire’s economic opportunity and as such is supported through good leadership and sustainable decision making.

Council initiated the establishment of the Economic and Tourism team in Council to advocate for a sustainable economy and work both inside and outside of the organisation to enable change, develop relationships and facilitate an outcomes focused approach to employment in the Shire.

Developing the Byron Shire Economic Development Strategy – Enterprising Byron 2025 has been led by staff with the assistance of business and industry, Councillors and other stakeholders.  Guidance has also been drawn from existing Council plans, State and Federal Government strategies and reference to economic and community profile statistics.

Strategy vision

The Byron Shire Economic Development Strategy, Enterprising Byron 2025 promotes a vision that will set the tone for decision making, entrepreneurship and leadership for the Byron Shire economy over the next 10 years – our vision is for

a resilient and diverse economy providing for
our community in a sustainable manner

Strategy objectives

Enterprising Byron 2025, aims to deliver on three key objectives for the Byron Shire economy:

1.    Accelerate employment generation and work creation,

2.    Create resilient communities and

3.    Retain and attract industry investment.

Guiding Principles

Enterprising Byron 2025 has been developed with a mindfulness of four guiding principles that clearly represent the sentiment of community and the desire to hold true to community values.

1.    Leverage and enhance Byron’s strengths and our emerging opportunities

2.    Sustain our sense of place, maintaining the integrity of our people and our brand

3.    Create economic enablers and support sustainable practices

4.    Show leadership, work cooperatively and seek out collaborative partnerships

Strategy Directions

Enterprising Byron 2025 has nine strategies designed to deliver on the objectives:

1.    Foster local business/employer retention and expansion

2.    Nurture entrepreneurship and innovation for work creation

3.    Develop industry access to new and expanding markets

4.    Develop the full potential and capacity of Byron’s towns, villages and rural lands

5.    Facilitate partnerships with Council and other Government agencies

6.    Activate workforce development, skills and training for future needs

7.    Promote an attractive investment environment

8.    Secure industry competitive and comparative advantage

9.    Guide and inform investment with good decision making resources

Strategies, flagship projects and activities

Each of the nine strategic directions are delivered through a Flagship project or program and associated activities as well as a unique strategy delivery platform comprising of an attitudinal strategy, institutional strategy and place based strategy.

Partnerships, measurement and evaluation

Enterprising Byron 2025 is underpinned by a partnerships and collaboration philosophy with key partners identified for each of the flagship projects and programs. Regular evaluation of the strategy and progress towards meeting objectives along with a review of the economic performance measures should be undertaken consistently to evolve actions.

Further consultation and implementation

This report proposes that Enterprising Byron 2025 be supported in its current form for further consultation and partnership discussions with key stakeholders including:

a)  local Chamber of Commerce executives

b) a selection of business and industry leaders

c) State Government agencies and other regional stakeholders

d)  Councillors and the Sustainable Economy Committee

This next stage provides an opportunity engage with the broader community and to confirm the progression of Strategy partnerships, incorporate any additional feedback from stakeholders and pick up any minor amendments prior to graphic design.  This consultation will also assist to progress the action plan timeframes, budget/resource allocations if required and specific tasks.

There is also the opportunity progress the implementation of appropriate projects and initiatives that will continue to assist in the evolution of the strategy.

The intent would be to have the additional feedback from stakeholders incorporated into the final Strategy including an evolving action plan reported back to Council in June.

Financial Implications

Implementation of the Strategy will rely on a commitment from existing staff resources and where possible matching funds for government grants as well as industry partnership funding and other funding sources identified when available to accelerate some projects.

 

Statutory and Policy Compliance Implications

 

Nil


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.8

 

 

Report No. 13.8           PLANNING - 26.2013.2.1 - Ewingsdale Seniors Housing and Commercial Uses Planning Proposal

Directorate:                 Sustainable Environment and Economy

Report Author:           Sharyn French, Manager Environmental and Economic Planning

Shannon Burt, Director Sustainable Environment and Economy

Christopher Soulsby, Development Planning Officer S94 & S64

File No:                        I2016/315

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Council at the Ordinary Meeting 7 April 2016, considered a Report No. 13.2 PLANNING - 26.2013.2.1 - Ewingsdale Seniors Housing and Commercial Uses Planning Proposal. At this meeting Council failed to make a decision on the report. As such, the report and recommendation is resubmitted to this meeting for Council consideration and determination as the relevant planning authority under the Environmental Planning and Assessment Act 1979 (EP&A Act).

 

In addition to the information previously reported, further information has been included in this report on matters raised in the debate at the 7 April 2016 meeting.

 

Council has recently been advised by the Department of Planning and Environment that they have received a request from the proponent for the Minister to appoint an alternate relevant planning authority (RPA) under the EP&A Act to complete the planning proposal. If the Minister directs an alternative RPA then a voluntary planning agreement for the construction of the McGettigan’s Lane roundabout by the developer cannot be requested and Council will need to fund the roundabout.

 

The Ewingsdale seniors housing and commercial uses planning proposal for Lot 1 DP 1140936, (the Site) proposes to amend the Byron LEP 2014 to enable seniors housing, medical centre, business premises, restaurants and cafes, and shops.

 

The Site is not in an approved Local Growth Management Strategy (LGMS) or the Far North Coast Regional Strategy or draft North Coast Regional Plan.  Council decided to review this unsolicited planning proposal on its merits because, at the time, there was no clear time frame for reviewing either the FNCRS or preparing a LGMS.  The planning proposal is a response to the decision by the State Government to locate the new Byron hospital on rural land adjacent to the subject site at Ewingsdale.  It has been publicly exhibited twice and the community feedback on both occasions has been mostly opposed to the planning proposal.  With the top issues being traffic and congestion, impacts on the Ewingsdale character and quality of life, density and height of buildings, and excessive number of dwellings.

 

The seniors housing option with a medical centre and commercial uses is the preferred use put forward by the current landowners but there has been no holistic review of the Ewingsdale locality, to determine how this site will influence the future of Ewingsdale or how it will interact with the new urban area at West Byron. Council has commenced preparation of a Residential Strategy. The draft Residential Strategy is expected to be presented to Council by June 2016.  This Site could conceivably be considered for urban use as part of this broader process.

 

The previous absence of a detailed traffic study resulted in significant delays to the Sites consideration.  Roads and Maritime Services (RMS) advised Council on 1 August 2014 that the work undertaken by the proponent was inadequate and a demand transport model was required.  At the time the proponent declined to undertake this work as they believed that the traffic assessment provided with the planning proposal was adequate for the purposes of the planning proposal process.  The new traffic study now provided by the proponent has shown that the proposed location of the commercial precinct on the western portion cannot be reasonably accommodated and needs to be relocated to the eastern portion.

 

Additionally, the roundabout at the McGettigans Lane intersection with Ewingsdale Rd will be essential for development on the eastern portion of the site to proceed.  The roundabout is identified in Council’s section 94 plan as the 4th highest priority for expenditure of developer contributions.  The higher priority works preceding this roundabout will likely exhaust all the existing s94 funds, as such Council is not in a position to fund this roundabout at this point in time.   For the development to proceed the developer would need to build the roundabout.  A Voluntary Planning Agreement (VPA) can facilitate this where the cost of the works undertaken by the developer is offset against the urban road contributions.  As the roundabout is critical to the Site’s ability to be developed it must be entered into at the planning proposal stage. 

 

The advice from Roads and Maritime Services on the traffic study also raised the issue of the access to the eastern portion of the site from a classified road - Ewingsdale Road.  The Infrastructure SEPP states that Council must not grant consent to development on land that has a frontage to a classified road where vehicle access can be provided by another road - McGettigans Lane.

 

The proponent has prepared a draft DCP which has raised issues not previously considered in the planning proposal and which must be dealt with in an LEP.  Such amendments are required to the planning proposal if Council resolves to proceed. Under the Environmental Planning and Assessment Act 1979, Council may, at any time, vary its planning proposal for any reason.  If Council does so, a revised planning proposal must be forwarded to the Minister who will determine if further community consultation is required (noting that irrespective of the Ministers determination Council may decide to undertake further community consultation).

 

The draft DCP submitted by the proponent requires significant rework before Council can consider its release for public exhibition.  The proponent has advised that until the LEP amendment is made no further work will be funded on the draft DCP.

 

This report provides information on the exhibited voluntary planning proposal, the draft DCP and the new traffic study.  It also addresses matters for Council to consider in deciding whether to proceed with the planning proposal. The report recommends a way forward for the planning proposal that addresses significant matters such as a VPA for the construction of the McGettigans Lane roundabout and responds to community concerns.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

  

 

RECOMMENDATION:

1.       That Council proceed with an amended planning proposal for Lot 101 DP1140936, Ewingsdale, subject to a draft voluntary planning agreement for the construction of the McGettigans Lane roundabout by the developer with arrangements for the offsetting of developer contributions against the cost of works for the roundabout being entered into on the making of the LEP amendment. 

 

2.       That the planning proposal for Lot 101 DP1140936, Ewingsdale (#E2014/39455) be amended where necessary to include the following changes:

a)      amend the Additional Permitted Uses Map to show the relocation of the commercial precinct to the eastern portion of the site as defined by Precinct 5 – Rural retail,

b)      amend the relevant sections of the planning proposal that describe the location of the commercial precinct,

c)      include limits for the combined maximum total floor area of 3000m2 for commercial uses to 1200m2 and medical centre to 1800m2,

d)      include an FSR of 0.3:1 and an FSR map for the site, excluding the commercial precinct on the eastern portion of the site,

e)      exclude site access from Ewingsdale Road, and

f)       that the proposed wording for the amendment to Schedule 1 of Byron LEP 2014 be amended as follows:

‘Use of certain land at Ewingsdale Road, Ewingsdale:

 

(1)     This clause applies to land at Ewingsdale Road, Ewingsdale, being Lot 101 DP 1140936.

(2)     Development for the purposes of Seniors Housing, Medical Centre, Business Premises, Restaurants or Cafes, and Shops is permitted with development consent.

(3)     All commercial uses listed in subclause (2) are restricted to the land identified as ‘Area A’ on the Additional Permitted Uses Map and limited to a combined maximum total floor area of 1200m².

(4)     Medical centre uses listed in subclause (2) are restricted to the land identified as ‘Area A’ on the Additional Permitted Uses Map and limited to a maximum total floor area of 1800m².’

(5)     Access to the land directly from Ewingsdale Road is excluded.

 

3.       That Council forward the revised planning proposal to the Department of Planning and Environment under Section 58 of the Environmental Planning and Assessment Act 1979 for the Minister to determine if further community consultation is required and irrespective of the Ministers decision Council re-exhibits the amended planning proposal for a period of 28 days as soon as practicable together with the two draft voluntary planning proposals: the previously exhibited draft VPA in Attachment 4 and the new draft VPA on the McGettigans Lane roundabout.

 

4.       That the draft DCP be amended in consultation with Council staff and Attachment 7, concurrently with the amendments to the planning proposal, to finalise the draft DCP expeditiously for Council’s consideration and public exhibition either with the amended planning proposal or as soon as practicable thereafter.

 

 

 

 


 

Link to Attachments –

1        Summary of Council reports and resolutions, E2016/17561

http://byron.infocouncil.biz/Open/2016/04/OC_07042016_ATT_526.htm#PDF3_Attachment_3068_1

 

2        Traffic Study Report, E2016/18036

http://byron.infocouncil.biz/Open/2016/04/OC_07042016_ATT_526.htm#PDF3_Attachment_3068_2

 

3        Response from Roads and Maritime Services regarding Traffic Study, E2016/18182

http://byron.infocouncil.biz/Open/2016/04/OC_07042016_ATT_526.htm#PDF3_Attachment_3068_3

 

4        Draft Voluntary Planning Agreement for Traffic Study, E2016/227

http://byron.infocouncil.biz/Open/2016/04/OC_07042016_ATT_526.htm#PDF3_Attachment_3068_4

 

5        Confidential Submissions – Voluntary Planning Agreement, E2016/16788 – Refer to Confidential Attachment 5 from Report 13.2 of the Ordinary Agenda 7 April 2016

 

6        Draft DCP 2014 Chapter E9 – Ewingsdale Seniors Living, E2016/18391

http://byron.infocouncil.biz/Open/2016/04/OC_07042016_ATT_526.htm#PDF3_Attachment_3068_6

 

7        DCP Meeting minutes and matters to be addressed, E2016/18348

http://byron.infocouncil.biz/Open/2016/04/OC_07042016_ATT_526.htm#PDF3_Attachment_3068_7

 

8        Letter from Henry Davis York – comments on draft DCP and traffic study

http://byron.infocouncil.biz/Open/2016/04/OC_07042016_ATT_526.htm#PDF3_Attachment_3068_8

 


 

Background

 

The Site (Lot 101 DP1140936, Ewingsdale) has been the subject of a number of Council reports since 2011 to amend the Byron LEP to permit seniors housing and a range of commercial uses.  Council resolved to proceed with an amended planning proposal at the 13 June 2013 meeting. A brief summary of the Council reports and resulting resolutions relating to the Site are provided in Attachment 1.

 

Planning Proposal to amend Byron LEP 2014

 

The planning proposal’s objective was to permit additional uses on the Site to accommodate the following:

 

·       On the western portion of Lot 101:

a)      Seniors housing and residential care facilities; and

b)      Retail facilities including a supermarket and speciality stores and medical facilities in the area marked “A” on the Additional Permitted Uses Map  [Figure 1]

·       On the eastern portion of Lot 101 – seniors housing.

Council resolved (resolution 13-492) that this would be implemented by way of an amendment to Schedule 1 of Byron LEP 2014 as follows:

Use of certain land at Ewingsdale Road, Ewingsdale

1)      This clause applies to land at Ewingsdale Road, Ewingsdale being Lot 101 DP 1140936.

2)      Development for the purposes of Seniors Housing, Medical Centre, Business Premises, Restaurants or Cafes, and Shops is permitted with development consent.

3)      All commercial uses listed in subclause (2) are restricted to the land identified as ‘Area A’ on the Additional Permitted Uses Map and limited to a combined maximum total floor area of 3000m2.

Figure 1: ‘Area A’ – Additional Permitted Uses Map

See Council’s website here for a copy of the exhibited planning proposal (E2014/39455).

 

The most recent decision of Council on this matter was at the 17 September 2015 meeting at which Council resolved:

 

Resolution 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

 

A report providing an update on resolution 15-459 and matters for Council to consider in deciding to proceed or not with the planning proposal was tabled at the Council Ordinary Meeting, 7 April 2016  -  Report No. 13.2 PLANNING - 26.2013.2.1 - Ewingsdale Seniors Housing and Commercial Uses Planning Proposal.

 

Following a lengthy debate that raised a number of key issues, Council at the meeting failed to make a decision on the report.

 

As such, the information provided in the previous report is resubmitted to this meeting for Council consideration and determination as the relevant planning authority under the Environmental Planning and Assessment Act 1979.

 

In addition to the information previously reported, this report includes further information to clarify certain key issues raised in the debate at the 7 April 2016 Council meeting.

 

Key issues raised in the debate at the 7 April 2016 Council Meeting

 

Plan Making Process

 

Council is the relevant planning authority for this planning proposal. As such Council is required to review the planning proposal following exhibition.

 

Council may, at any time, vary a planning proposal under section 58(1) of the Environmental Planning and Assessment Act 1979 (Act) as a consequence of its consideration of any submission or report during consultation, or for any other reason. If a planning proposal is revised Council is to forward a copy of the revised proposal to the Department under section 58(2) of the Act. The Minister will consider the revised proposal and determine whether further consultation is required and whether a revised Gateway determination should be issued.

 

Council may also, at any time, request the Minister to determine that the matter not proceed under section 58(4).

 

Council should also note that the Gateway Determination issued for this Planning proposal has set a project time (as amended by the Minister 3 times) for its completion by 28 May 2016.  Any further proposals for extension of this project deadline must be requested of and granted by the Minister.

 

Council has also now been advised by the Department of Planning and Environment that they have received a request from the proponent for the Minister to appoint an alternate relevant planning authority under section 54(2)(d) of the Environmental Planning and Assessment Act 1979 to complete the planning proposal:

 

54 Relevant planning authority

 

(2) The Minister may direct that the Secretary (or any other person or body prescribed by the

regulations) is the relevant planning authority for a proposed instrument in the following cases:

 

(d) the council for the local government area concerned has, in the opinion of the Minister, failed to comply with its obligations with respect to the making of the proposed

instrument or has not carried out those obligations in a satisfactory manner,

 

The Department has advised that if the Minister directs that the Secretary is the relevant planning authority for this LEP amendment, the Secretary cannot request a VPA for the construction of the McGettigan’s Lane roundabout by the developer. Therefore if the Secretary proceeds with the LEP amendment, Council must fund the roundabout.

 

The Department is reviewing the request and will provide a formal request to Council for comment. At the time of writing this report the formal request was yet to be received.

 

Plan content

 

The Standard Instrument includes a dictionary of standard terms relating to land uses and other matters relevant to the interpretation of LEPs.  The standard definitions must be used wherever a land use would fall within an existing land use definition. This includes where terms are within any of the broad land use groups, e.g. retail premises, business premises, office premises, industry, agriculture, tourist and visitor accommodation, residential accommodation etc. Only the standard definitions may be used.

 

The Standard Instrument includes development standards for minimum subdivision lot sizes, height of buildings, and floor space ratio as optional clauses. If a council wishes to have such development standards in its LGA, then they must be included in the principal LEP and not through some other mechanism, such as a development control plan.

 

Section 117 Directions

 

In approving the Gateway determination the Acting Director General of the Department of Planning (at that time) advised: I have also agreed the planning proposal's inconsistencies with S117 Directions 1.1 Business and Industrial Zones, 1.2 Rural Zones, 1.5 Rural Lands, and 6.3 Site Specific Provisions are of minor significance or justified by the Retail Floor space Analysis. No further approval is required in relation to these Directions.”

 

Should the planning proposal be amended as per this report recommendation, then further consideration by the Department of Planning would need to be made to the changes proposed and the S117s, to determine consistency or otherwise with the S117 Directions prior to the planning proposal progressing.

 

Development Control Plan

 

In response to Resolution 15-459 the applicant has prepared a Development Control Plan (DCP) for the site.

 

A development control plan provides detailed planning and design guidelines to support the planning controls in a Local Environmental Plan. A DCP is a document prepared and adopted by the Council. The process of adopting a DCP is less complex and usually undertaken wholly by the Council.

 

There are specific requirements under the Act about the making of a DCP, the number and form of DCPs that can apply to land in a local government area and the content of a DCP.  A DCP can also be approved by Council and then not come into effect until after a specific time period as notified by Council occurs. This can be to allow for notification of a LEP amendment.

 

There is also Section 74D Development control plans required or authorised by environmental planning instruments. This section of the Act however is not relevant to the current Seniors Living Planning proposal.  An example of this type of clause in a LEP is Byron Local Environmental Plan 1988 Clause 101 (West Byron).  To include this type of clause into the current planning proposal an amendment to the planning proposal would be necessary. Amendments to planning proposals must be considered by the Minister in the first instance under section 58.

 

Voluntary Planning Agreement and McGettigans Lane Intersection

 

The Environmental Planning and Assessment Act 1979 (the EP&A Act) provides for voluntary

agreements between developers and planning authorities (planning agreements), under which

the developer is required to provide a development contribution for a public purpose.

 

There is currently one voluntary planning agreement that has been formally offered by the developer under the terms of section 93F of the EP&A Act.  This draft agreement has been addressed in Resolution 15-459 and is for the payment of $15,000 for a traffic study.  This agreement does not address the road infrastructure issues associated with this planning proposal. 

 

The most significant traffic issue associated with this proposal is the need for the intersection of Ewingsdale Road and McGettigans Lane to be upgraded to a dual lane roundabout.  The traffic study traffic study (E2016/18036) provided by the applicant states:

 

“the installation of the roundabout at McGettigans Lane / Ewingsdale Road will be critical to the operation of the proposed retail access in order to allow for circulation and access to the left-in/left out configuration with Ewingsdale Road. Pursuant to this, it may be appropriate that the construction of McGettigans Lane / Ewingsdale Road roundabout be undertaken up front as part of development and ‘off-set’ against the developments overall infrastructure contributions.”

 

The RMS in their letter (E2016/18182) state:

 

“If access to precincts 5 to 8 is limited to McGettigans Lane, the proposed roundabout at the McGettigans Lane intersection with Ewingsdale Road will be essential for development of the eastern portion of the site to proceed.”

 

The developer’s traffic study indicated that the roundabout is required to enable the left in/left out access to Ewingsdale Road to function.  The RMS and staff are of the view that the roundabout is required regardless of if the left in/left out access is allowed or if it is prohibited under the terms of the SEPP Infrastructure.  It is clear that this planning proposal does not only create a permissibility within the LEP but that those newly permissible development types will have an adverse impact on the road network.  These impacts need to be addressed at the planning proposal stage as Council will not have the ability to address the roundabout issue at the development application (DA) stage.  At the DA stage of the process the assumption is that Council will be funding the roundabout from developer contributions.  At this point the developer has an obligation to pay the contributions required by the adopted plan and Council would need to provide the roundabout in a timely manner.  As identified in report 13.2 (7 April 2016) Council will not have the funds available to provide this roundabout.  This is why it is essential that the developer agree to provide the roundabout as set out in a planning agreement prior to the LEP being amended. 

 

The roundabout is critical to enable the planning proposal to proceed without significant adverse impacts on Ewingsdale Road.  These impacts relate to intersection capacity and safety.  As traffic volumes on Ewingsdale Road increase the right turn out of McGettigans Lane will become constrained as there will be insufficient breaks in the traffic to make a right turn safely.  Queued drivers may make a right turn into too small a gap into traffic causing a safety issue.  The alternative choice for a driver exiting McGettigans Lane heading to Byron Bay is to make a left turn out and make a U-turn at the hospital roundabout.  The left turn out option would potentially shorten the time frame until the hospital roundabout needs upgrading to dual lane.  These impacts are unacceptable. 

 

If Council wishes to support the planning proposal then Council should consider the appropriate funding mechanism to provide the roundabout to enable the planning proposal to proceed.  There are four options available to fund the roundabout:

1        Section 94 contributions;

2        Budget allocation of existing capital works funds;

3        Borrowings;

4        Planning Agreement.

 

Each of these options is discussed below.  If the planning proposal is approved without a requirement for a planning agreement that the developer construct the roundabout then Council must fund it.

 

1. Section 94 contributions

The issues pertaining to using section 94 contributions was covered in report 13.2 (7 April 2016) and that report makes it clear that there will not be sufficient contributions in the Byron Bay urban roads account to fund the McGettigans Lane roundabout until at least 2021.  If the planning proposal is approved without a requirement for a planning agreement that the developer construct the roundabout then there will be significant traffic consequences on Ewingsdale Road as discussed above.  Section 94 contributions are not a viable option at this point in time. 

 

2. Budget allocation of existing capital works funds

Council may allocate a budget to construct the roundabout.  To do so would require the roundabout to be substituted for other capital works or asset renewals in the capital works plan.  This would have adverse impacts on Council’s financial sustainability by replacing asset renewals with a new asset funded from revenue rather than developer contributions or grants.  This option would require more detailed consideration as part of Council’s budget planning process.  This option is not supported by staff. 

 

3. Borrowings

Council may borrow to forward fund the roundabout.  The loan repayments would need to be part funded from revenue as the repayments would exceed the income into the contributions plan.  Council does not currently have the capacity to borrow these funds as it is already carrying a large loan port folio and cannot fund additional loan redemption payments. This option has the same implications for Council’s budget as changing the capital works plan.  A substitute source or revenue needs to be found for the repayments.  This option would require more detailed consideration as part of Council’s budget planning process.  This option is not supported by staff. 

 

4. Planning Agreement

A planning agreement between Council and the developer that required the developer to forward fund the roundabout required to service their development is an appropriate mechanism to ensure that the road infrastructure is in place.  The planning agreement would offset future developer contributions payable under the terms of the section 94 plan when development applications for the development are considered.  The planning agreement would also set out the terms by which the developer would be reimbursed from the section 94 plan the proportion of the costs of the roundabout over and above the level of demand that they generate and above the amount already offset against the section 94 contributions.  A planning agreement is the appropriate mechanism to ensure that there is adequate road infrastructure in place to enable the impacts of the planning proposal to be mitigated.  The planning agreement should be entered into prior to the amendment of the LEP. 

 

The following information was previously reported at the 7 April 2016 Council Meeting

 

Traffic Demand Study

Council received from the proponent the Ewingsdale Retirement Facility Development Control Plan Traffic Study Report (Attachment 2) late last year. The study was forwarded to Roads and Maritime Services (RMS) for their advice. Correspondence received from RMS on the 18 January 2016 advised that:

 

Due to the volume of referrals received over the Christmas closedown period and leave arrangements Roads and Maritime Services will be unable to respond to your referral until mid to late February 2016.

 

RMS provided their advice on 29 February 2016, Attachment 3, advising:

 

RMS Advice

Staff Comment

The traffic study adequately identifies the road improvements necessary to manage Ewingsdale Rd up until 2028

 

Noted. After 2028 the single lane roundabout at the hospital reaches saturation.  This intersection will have queue length on the west approach exceeding 309m in the AM peak and 142m on the east approach in the PM peak.  The SIDRA modelling undertaken by Bitzios shows that if this roundabout is upgraded to dual lane by 2028 the intersection will function acceptably.  

 

After 2028 the highway roundabout also reaches saturation with queues exceeding 88m down the off ramp to the Pacific Highway. 

 

The intersection of William Flick Lane and Ewingsdale Road will function adequately at 2028 if the right turn out is prohibited.  The right turn into William Flick Lane will still be available.  Traffic heading to Byron Bay from William Flick Lane will have to turn left and make a u-turn at the Pacific Highway Roundabout. 

 

Relocation of the commercial precinct to the eastern portion of the Site is integral to traffic management along this section of Ewingsdale Rd

 

The intersection of William Flick Lane and Ewingsdale Road was originally proposed to be a roundabout to service the commercial component of the development.  There is insufficient room between the Pacific Highway roundabout and the Hospital roundabouts to place another roundabout at this intersection.  Not being able to construct a roundabout at this intersection required the relocation of the retail component of the commercial area to the eastern portion of the site. 

 

The DCP retains a commercial precinct on the western side, the medical centre (precinct P2 on Figure 2).

 

Additionally the size of the area set aside for Precinct 1 in the draft DCP (Figure 2) and the type of land uses proposed eg. hairdresser, gym, spa etc will need to ensure they are of a size and scale appropriate to the adjoining seniors living development to be considered ancillary and for the sole use of the developments occupants.  This is discussed in further detail in the Draft DCP section below.

The left in / left out proposed for precincts 5 to 8 is inconsistent with Clause 101 (2) (a) of the Infrastructure SEPP (ISEPP) as Ewingsdale is a classified road.

 

There is alternative vehicle access from a road other than the classified Ewingsdale Road. There is no reason why an access to the commercial component of the development cannot be provided off McGettigans Lane.  Such an access does not need to pass through the high care component of the seniors living proposal which may have a separate access from McGettingans Lane.  The draft DCP should be amended to show the commercial area accessed from McGettingans Lane and the access onto Ewingsdale Road deleted.

 

ISEPP clause:

101   Development with frontage to classified road

 

(1)  The objectives of this clause are:

(a)  to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b)  to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

(2)  The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a)  where practicable, vehicular access to the land is provided by a road other than the classified road, and

(b)  the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i)  the design of the vehicular access to the land, or

(ii)  the emission of smoke or dust from the development, or

(iii)  the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c)  the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

 

The roundabout at the McGettigans Lane intersection with Ewingsdale Rd will be essential for development on the eastern portion of the site to proceed.

 

The roundabout is identified in Council’s section 94 plan as the 4th highest priority for expenditure of developer contributions.  Higher priority works in the plan are the Byron Bay Bypass, Bayshore Drive roundabout and the Sunrise roundabout.  These three projects will likely exhaust all the developer contributions currently held in trust by Council and will utilise future income into the plan until at least 2021.  On this basis Council is not in a position to fund this roundabout at this point in time.  As the RMS has identified this intersection upgrade as essential to the development and Council is not in a position to fund it. For the development to proceed in the absence of council s94 funds the developer would need to build the roundabout. A Voluntary Planning Agreement (VPA) would be required where the proponent enters into a cost sharing arrangement with Council and the cost of the works undertaken by the applicant is offset against the urban road contributions.

 

Whilst the timing of the VPA can be at either the planning proposal stage or the development assessment stage, it is recommended the draft VPA be entered into in conjunction with the planning proposal to ensure that the proposed uses can be developed on the Site and to appropriately manage the impacts of the development on the adjoining road network.

 

In summary, the issues of the relocation of the access to the commercial component to McGettigans Lane in the draft DCP, prevention of direct access to Ewingsdale Road and the timing of the construction of the roundabout and voluntary planning agreement are critical to the support of the planning proposal. 

 

Voluntary Planning Agreement (VPA)

The Voluntary Planning Agreement (Attachment 4) was amended and made available for public inspection from 14 January to 15 February 2016. The VPA provides for a development contribution of:

(a)   $15,000 to the Planning Authority as a contribution to the costs of traffic studies; and

(b)   $3,000 to the Planning Authority as a contribution to the costs of the preparation of this Agreement.

 

Seventeen submissions were received, all of which objected to the VPA and or the Planning Proposal, Confidential Attachment 5.

 

Some of the submissions requested that:

1.   A DCP workshop be convened which includes community representatives, adjoining neighbours, developer’s representatives, council staff and councillors prior to reporting the DCP to Council

2.   The Traffic Study and resulting council reports be presented and discussed with adjoining residents and the Ewingsdale Progress Association prior to a final report being placed on the Council meeting agenda

 

In relation to the first issue, if the planning proposal moves forward, it is proposed that a workshop on the draft DCP be convened with the above attendees during the public exhibition.

 

If the planning proposal proceeds the VPA takes affect as follows:

 

This Agreement operates on and from the date that is the later of:

(a) the date the Amending LEP is published on the NSW Legislation website; and

(b) the date the Agreement is entered into as required by Clause 25C(1) of the Regulation

 

Clause 25C(1) of the Environmental Planning and Assessment Regulation 2000 states: A planning agreement is not entered into until it is signed by all the parties to the agreement.

Development Control Plan (DCP)

A draft Development Control Plan (DCP) (Attachment 6) was received from the proponent on the 4 December 2015.  The draft DCP proposes 8 precincts for the site, Figure 2, being:

·    P 1:  Community and recreational facilities

·    P 2:  Potential day surgery or self contained apartment homesteads

·    P 3:  Self contained retirement village apartments 1, 2 and 3 bedroom

·    P 4:  Self contained retirement village semi-detached villas

·    P 5:  Rural retail

·    P 6:  High care assisted living

·    P 7:  Low care assisted living

·    P 8:  Family accommodation

 

Figure 2: Eight Precincts

 

The draft DCP was reviewed by various Council staff and Council’s heritage advisor. A number of issues were identified in the review that must be addressed prior to advancing the draft DCP. A copy of the meeting minutes that include the matters to be addressed is included in Attachment 7.

 

On 3 March 2016, staff discussed with the proponent’s consultants the matters to be addressed in the draft DCP and the RMS advice on the traffic study. The consultants formally responded by letter dated 15 March 2016, Attachment 8.

 

In relation to the draft DCP they advised:

 

Our client recognises that finalisation of the DCP will involve further work and it doesn't shy away from that. However, until our client has the certainty that the project will proceed, the expenditure of further resources is not appropriate.

 

Once the amendment is made to the LEP, then further work on the draft DCP can be undertaken.

Whilst there are a number of issues that need to be addressed in the draft DCP the significant issues are:

1.   Relocation of commercial uses to the eastern portion of the lot

2.   Amount of land allocated to commercial uses

3.   Floor Space Ratios

4.   Visitor accommodation

5.   Buffers

6.   Site access

 

1.   Relocation of commercial uses to the eastern portion of the lot

 

The commercial uses were exhibited in the planning proposal as applying to the western portion of the Land, Figure 1.  The DCP now proposes, as a result of the traffic study findings, to relocate the retail portion of ‘Area A’ to the eastern portion of the site, with the medical centre remaining on the western portion. The medical centre is currently permissible with consent under the lands current Special Purpose zone.

The relocation of the commercial uses to the eastern portion of the Site is supported.

There is concern that retention of a commercial medical centre on the western portion doesn’t accord with the RMS advice that relocation of the commercial precinct to the eastern portion of the Site is integral to traffic management along this section of Ewingsdale Rd.  There is also concern that the draft DCP shows that access to the medical centre would be through the staff service driveway across Essential Energy land. No response has been received from the proponent as to what discussion have been held with Essential Energy to secure this access way.

 

Whilst access to the Site is a matter for the draft DCP and the development application (DA) stage, Council needs to be relatively certain that access issues can be managed in amending the LEP to enable additional uses.

If Council proceeds with the planning proposal, an amended planning proposal showing the new location of the commercial development will need to be submitted to the Minister.

 

2.   Amount of land allocated to commercial uses

 

The exhibited planning proposal advised that, all commercial uses are restricted to the land identified as ‘Area A’ on the Additional Permitted Uses Map (Figure 1) and limited to a combined maximum total floor area of 3000m2.

The draft DCP allocates the total maximum floor area of 3000m2 to Precinct 5 on the eastern potion of the site and no floor area has been allocated to the medical centre proposed to remain on the western portion (Precinct 2).

In response to community concerns about the amount of commercial space proposed in the exhibited planning proposal, the Council report to the 17 September 2015 meeting recommended that if the planning proposal proceeds then the commercial uses be limited to a maximum floor area of 1200m2 and the medical centre 1800m2.

The allocation of the total maximum floor area of 3000m2 to Precinct 5 (on the eastern portion), does not leave any floor area to accommodate the potential medical centre on the western potion.

A retail precinct of 3000m2 is bigger than the existing 2800m2 Bayshore Drive shopping centre that services all of Sunrise estate and the future West Byron development.

As reported to Council at the 9 October 2014 meeting:

Paul McFarland, a lecturer from the University of New England conducted a peer review of the Retail Floorspace Analysis (Annexure 9 in the planning proposal).  The review highlights a number of unresolved issues with the retail analysis such as the limited catchment area of the study, overly optimistic projections about unmet retail demand in Byron, lack of justification for the scale of the commercial development and lack of evidence that it is only designed to cater for the proposed development, hospital visitors and adjoining residential population.

The hospital itself would normally only generate demand for a ‘neighbourhood shop’ size retail outlet (up to 200 m2) servicing staff, patients and visitors.  Presumably the retail is therefore needed to support the seniors housing (only about 400 persons), the hospital and some of the existing Ewingsdale residents.  Taking the figure from Annexure 9 of the planning proposal prepared by LOCATIQN (March 2013) of 2.2 m2 per person, the seniors housing development would generate demand for 880m2. Rounding these figures up suggests that 1200m2 should be more than enough floor area for a future supermarket to support the projected development, the future hospital and adjoining residents.  This would permit a small supermarket of about 1000m2 and 200m2 for cafes and other shops or business premises.  ‘Medical centre’ uses could take up the remaining 1800m² of floor area to bring the total for all non-residential uses on the subject land to 3000m² as initially intended.

A number of potential commercial uses are proposed in Precinct 1- Recreation and community clubhouse. The uses described for this precinct in Table E9.2 of the Draft DCP include: indoor hydrotherapy pool, gymnasium, meditation and wellbeing space, hairdresser and spa, tennis court, bowling green etc.  Precinct 1 includes mostly RU2 zoned land and some SP2 zoned land. Restaurants and cafes are already permissible with consent in the RU2 zone. The DCP states that these facilities are for use by the independent living precincts.  Given the size of Precinct 1 to the adjoining independent living precincts, the nature and amount of facilities being proposed and public access to this precinct, it could be viewed as an additional commercial precinct to that being proposed in Precinct 2 (medical centre) and Precinct 5 (business premises, shops, restaurants and cafes).

Traffic impacts generated by known and possible commercial uses will need to be considered. RMS advice on the Traffic Study stated: Integral to traffic management along this section of Ewingsdale Rd will be relocation of the commercial precinct (precinct 8) to the eastern portion of the subject site. Not all commercial development is relocating to the eastern portion. The medical centre is proposed to be retained on the western side.

If some or all of the proposed facilities in Precinct 1 are made available to the general public then the resulting traffic impacts would need further consideration and an amendment to the planning proposal would be required to enable commercial uses in designated areas on both the eastern and western portion of the Site.

It is recommend that the maximum floor area limit of 3000m2 for the commercial areas be retained, and limit the maximum floor area for commercial uses (Precinct 5) to 1200m2 and the medical centre (Precinct 2) to 1800m2. It is also recommended that no commercial uses be permitted in Precinct 1, noting that restaurants and cafes are already permissible with consent in Precincts 1 underlying RU2 zone.

 

3.   Floor Space Ratios (FSR)

 

The planning proposal was silent on FSRs. If FSRs are to be designated for the Site they must be included on the FSR Maps in Byron LEP 2014; this will require a change to the planning proposal.

 

The draft DCP, proposes a range of FSRs as follows:

 

Precinct

FSR

Precinct 1:  Community and recreational facilities

0.5:1

Precinct 2:  Potential Day Surgery or self contained apartment homesteads

0.5:1

Precincts 3 and 4: Self contained dwellings

0.5:1

Precinct 5: Retail

limited by maximum floor area of 3000m2

Precincts 6 and 7: assisted living

1:1

Precinct 8: family accommodation

0.5:1

 

The FSR proposed for the Site are based on those included in the Seniors Housing SEPP - residential care facilities and hostels have an FSR of 1:1 or less and self contained dwellings have an FSR of 0.5:1 or less.

Although the Seniors Housing SEPP doesn’t apply to the land, as the SEPP generally applies to urban zoned land or land adjoining urban zoned land, the planning principles in the SEPP could be applied if considered appropriate for the semi rural location.

Submissions received on both public exhibitions of the planning proposal raised the issue of density. The Council report to the 17 September 2015 meeting included the comments received from both public exhibitions. One of the top three issues raised by the community was ‘density including plot ratio, height and number of dwellings is excessive’.  Staff’s response to this was that: ‘if the planning proposal proceeds it is recommended that a Floor Space Ratio Map be prepared for the site to limit any Seniors Housing to 0.3:1 under the LEP 2014.  This will not apply to the commercial precinct (Area A) as it would be limited by maximum floor area’.

The proposed 0.3:1 FSR was in recognition of the semi rural environment surrounding the Site and a means to ensure adequate landscaping is provided.

Council needs to consider if the proposed FSRs in the draft DCP are appropriate for the various precincts and the Sites location as they are substantially more than what was proposed in response to public feedback. The planning proposal will need to be amended to include provision for an FSR map showing Council’s preferred mix of densities for the various precincts.

It is recommended that an FSR of 0.3:1 be applied to the seniors housing component of the Site in keeping with the semi rural location.

 

4.   Visitor accommodation

 

The draft DCP states that Precinct 8 – Retirement village visitor accommodation, ‘will provide ancillary visitor accommodation for relatives and friends of occupants of the retirement village’.  It is questionable that this form of visitor accommodation is subordinate to the seniors housing as it is not necessary to the functioning of the primary use - seniors housing. Additionally, visitor accommodation could adequately function independent to the seniors housing.

 

The exhibited planning proposal did not include provision for visitor accommodation. If Council considered that this form of development is appropriate on the land, the planning proposal would need to be amended to enable this land use.

 

It is recommended that this form of land use (visitor accommodation) is not appropriate in this location and is not essential to the functioning of the intended primary seniors housing use. As such no amendment to the planning proposal is recommended in this regard.

 

5.   Buffers

 

Buffers to the concrete batching plant and electric substation were raised in the community submissions and it was also raised by Essential Energy in relation to its depot and substation. The submissions were reported to Council at the 9 October 2014 and 17 September 2015 meetings. It was recommended that if the planning proposal proceeds that adequate buffers of approximately 20 metres between the concrete plant/electricity substation and any future seniors development be provided and incorporated into a site specific DCP.

 

The buffers proposed in the draft DCP are only 10 metres wide. The draft DCP will need to be amended to increase the buffer widths to 20 metres.

 

6.   Site access

 

As previously discussed access should not be granted to the Site from a classified road, (Ewingsdale Rd), where practical alternative access roads exist. Whilst this is a matter to be considered at the DA stage, the draft DCP needs to be amended to remove this access option.

Draft DCP Amendments

 

Amendments to the draft DCP are not integral to finalising the planning proposal. If the planning proposal proceeds then it would be preferable to have an adopted DCP for the Site prior to the first DA being lodged. The proponent has advised that ‘once the amendment is made to the LEP, then further work on the draft DCP can be undertaken’. Substantial work is required on the draft DCP prior to Council considering it for public exhibition.

 

It is recommended that if Council supports the planning proposal proceeding then further work be undertaken by the proponent, in consultation with Council, to finalise the draft DCP for public exhibition.

 

Planning Proposal Amendments

The intent of the planning proposal is to enable additional uses on the Site. Council must be reasonably satisfied that the Site can accommodate the additional uses.  The draft DCP raises a number of issues that are not addressed in the planning proposal and the traffic study findings require changes to the planning proposal.  As certain matters can only be dealt with in an LEP, if the planning proposal proceeds it must be amended prior to sending to the Minister. The matters to be included in the planning proposal are:

 

Issue

Planning Proposal Amendment

Relocation of commercial area to the eastern portion of the Site

Amend the Additional Permitted Uses Map to show the relocation of the commercial precinct to the eastern portion of the site as defined by Precinct 5 – Rural retail.

Amend the relevant sections of the planning proposal that describe the location of the commercial precinct.

Amount of land allocated to commercial uses

Amend the planning proposal to limit the combined maximum total floor area of the commercial uses to 1200m2 and limit the maximum floor area for the medical centre to 1800m2.

Floor Space Ratios (FSR)

 

Amend the planning proposal to include an FSR of 0.3:1 for the seniors housing component of the Site.

Site Access

Amend the planning proposal to prevent direct access from Ewingsdale Road.

 

Section 58 of the Environmental Planning and Assessment Act 1979, states that Council may, at any time, vary its planning proposal as a consequence of its consideration of any submission or report during community consultation or for any other reason. If Council does so, a revised planning proposal must be forwarded to the Minister who will determine if further community consultation is required. Noting that irrespective of the Ministers determination Council may decide to undertake further community consultation.

 

58 Relevant planning authority may vary proposals or not proceed

(1)   The relevant planning authority may, at any time, vary its proposals as a consequence of its consideration of any submission or report during community consultation or for any other reason.

(2)   If it does so, the relevant planning authority is to forward a revised planning proposal to the Minister.

(3)   Further community consultation under section 57 is not required unless the Minister so directs in a revised determination under section 56.

(4)   The relevant planning authority may also, at any time, request the Minister to determine that the matter not proceed.

 

It is recommended that the planning proposal be amended and the revised planning proposal be forwarded to the Minister as required under section 58 of the EP&A Act 1979.  That irrespective of the Ministers direction to undertake further community consultation, Council re-exhibits the amended planning proposal for a period of 28 days.

 

Proponent has requested the Minister to appoint an alternative relevant planning authority

 

Council has been advised by the Department of Planning and Environment that they have received a request from the proponent for the Minister to appoint an alternate relevant planning authority under section 54(2)(d) of the Environmental Planning and Assessment Act 1979  to complete the planning proposal:

 

54   Relevant planning authority

 (2)  The Minister may direct that the Secretary (or any other person or body prescribed by the regulations) is the relevant planning authority for a proposed instrument in the following cases:

 (d)  the council for the local government area concerned has, in the opinion of the Minister, failed to comply with its obligations with respect to the making of the proposed instrument or has not carried out those obligations in a satisfactory manner,

 

The Department is reviewing the request and will provide a formal request to Council for comment. At the time of writing this report the formal request was yet to be received.

 

Conclusion

 

Given the high level of community interest and the complex nature of this Site, it would be advantageous to keep the planning proposal, DCP and VPAs coupled for transparency and for Council to make an informed decision about the appropriateness of the development uses proposed for the Site. 

 

Section 25D (1A) of the EP&A Regulation 2000 requires that voluntary planning agreements are exhibited with or as soon as possible after the exhibition of a planning proposal or DA: 

 

25D   Public notice of planning agreements

(1A)  If a planning authority proposes to enter into a planning agreement, or an agreement to amend or revoke a planning agreement, in connection with a proposed change to a local environmental plan, the planning authority is to ensure that public notice of the proposed agreement, amendment or revocation is given:

(a)  if practicable, as part of and contemporaneously with, and in the same manner as, any public notice of the relevant planning proposal that is required under Part 3 of the Act, or

(b)  if it is not practicable for notice to be given contemporaneously, as soon as possible after any public notice of the relevant planning proposal that is required under Part 3 of the Act and in the manner determined by the planning authorities that are parties to the agreement.

 

The planning proposal was last exhibited in November /December 2014.  Nearly 16 months has lapsed since the planning proposal was exhibited.  The draft VPA (Attachment 4) was exhibited in January / February 2016, more than 12 months after the planning proposal was exhibited.  As a result of public submissions from past exhibitions and the development model now proposed in the draft DCP a number of amendments are recommended to the planning proposal.  To provide transparency in the process to amend the Byron LEP 2014 to enable additional uses on the Site and to ensure impacts on the adjoining road network are appropriately managed, it is recommended that the amended planning proposal be exhibited together with:

·    the previously exhibited draft VPA for  $15,000 to Council  as a contribution to the costs of traffic studies and $3,000 as a contribution to the costs of the preparation of the VPA,

·    along with a new draft VPA requiring the construction of the McGettigans Lane roundabout by the developer with arrangements for the offsetting of developer contributions against the cost of works for the roundabout.

 

As an adopted DCP is integral to informing a development application for the Site it is proposed that, if the planning proposal proceeds, further work be undertaken by the proponent in conjunction with Council staff to finalise the draft DCP for public exhibition.  Whilst it would be preferable to exhibit the draft DCP along with the amended planning proposal, it is not a legislative requirement.  However as the DCP is needed to inform a DA for the Site, it is important to finalise the DCP expeditiously to ensure a Council adopted DCP is available on the commencement of the LEP amendment in order to adequately asses any DA lodged thereafter.  As such it is recommended that the work on the draft DCP occur in tandem with the amendments being made to the planning proposal and a final draft be exhibited as soon as possible, but not necessarily with the planning proposal.

 

Financial Implications

 

All Council costs in relation to the planning proposal and DCP are funded by the proponent.

 

At 30 June 2015 there was $5,588,000 in the Byron Bay / Suffolk Park Urban Roads s94 account.  The 2015/16 budget has $1,795,000 of works being funded from this account.  The year to date (20/3/2016) income is $67,000 and if this trend continues total income for the year will be approximately $90,000.  This will leave $3,882,100 in this account.  All of this will be required for the Byron Bay Bypass.  Further income into this account will be direct to the works at Bayshore Drive roundabout and then Sunrise Blvd roundabout prior to funds being directed to McGettigans Lane roundabout.  It is unlikely that Council will be able to fund the McGettigans Lane roundabout with s94 funds until after 2021. 

 

If the planning proposal is to proceed the roundabout at McGettigans Lane is essential.  As Council cannot afford to fund these works in the next 5 years these works would have to be forward funded by the developer with the costs being offset against their developer contributions.  In the absence of a voluntary planning agreement from the developer to construct the roundabout, the planning proposal should only proceed on receipt of a draft VPA.   

 

Statutory and Policy Compliance Implications

 

The Gateway Determination issued by the Department of Planning and Environment requires that the LEP be completed by 28 May 2016.  


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                 13.9

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.9           24.2015.81.1 - Myocum Road - Barlows Dairy Cattle Walkway

Directorate:                 Infrastructure Services

Report Author:           Dominic Cavanough , Contract Engineer

File No:                        I2016/154

Theme:                         Community Infrastructure

                                      Local Roads and Drainage

 

 

Summary:

 

The purpose of this report is to outline to Council the recommended solution to resolve present issues of road safety, road surface failure and to reduce road maintenance costs at 385 Myocum Road

 

The recommended solutions is to reconstruction the road and reduce the impacts of cattle using the roadway.

 

The proposed solution has been the result of between the adjacent land owner and Council staff to provide the best level of safety to the public.

 

  

 

RECOMMENDATION:

1.       That Council adopt the preferred option to rehabilitate 450m of Myocum Road with the construction of a cattle laneway on private property at 385 Myocum Road.

 

2.       That Council seeks an agreement with the owner of 385 Myocum Road, (including private landowner cost contribution) to implement Option 1 as detailed in this report (I2016/154) for a cattle laneway to be constructed on private property in conjunction with the road rehabilitation works.

 

 

 

 


 

Report

 

Background

 

Council within its 2015/16 budget has approved the reconstruction/rehabilitation of a 450 metre section of Myocum Road (at 385 Myocum Road). 

 

Adjacent to the works is a dairy farm that has been active since the early 1920’s which currently run 110 head of cattle.  The property known as Barlow’s Dairy is divided by Myocum Road.

 

Each morning and afternoon, cattle from Barlow’s Dairy use about 500 metres of public road when they walk to and from their grazing pastures.

 

When the cattle walk on the public road, there is a potential risk that a vehicle may collide with the animals because there is lack of sight distance or road advisory signage.  The cattle are also degrading the road surface shoulder causing greater than fair wear and tear that exacerbates pavement failure.

 

Myocum Road is a main transport route supporting the Myocum Waste Transfer Station and a vital link road between the Pacific Highway (Ewingsdale) and Mullumbimby.  It is important Council takes steps to safeguard the community, cattle and road users given the high likely hood of conflict between motorists and the cattle on Myocum Road

 

Council is exposed to ongoing maintenance costs because the pavement surface continues to deteriorate.  Compounding the problem, motorists leave the carriageway and drive on the road shoulder to avoid pot holes and cattle, which in turn is promoting pavement failure, pot holes and failure of the road shoulder.

 

The condition of the road has deteriorated to a state that renewal works are urgently required.

 

Consultation

 

Two site meetings have been held John Barlow the owner of 385 Myocum Road on the 26/11/2015 and 05/04/2016.

 

Mr Barlow has been cooperative in granting Council access to his properties to repair three previous landslips on Possum Shoot Road.

 

Mr Barlow has been very clear during consultation in his intention to operate the dairy farm for another twenty years before handing it down to his family, who are actively involved in its management.  This includes expanding the herd to 150 head.

 

Options considered

 

During this consultation several options were developed with Mr Barlow’s assistance and the recommended option below was developed as the most practical and cost effective to cater for the herd which will expand from 110 head to 150 head.

 


Table 1. 385 Myocum Road Barlows Dairy - Options to improve road safety and quality issues.

Options

Benefits

Consequences

Estimate

1

Rehabilitate road with private laneway (opposite dairy)

· Cattle crossing reduced from 450m to two 20m sections

· Improve road drainage

· Spend $50,326.07 on private property

$490K

2

Full depth asphalt rehabilitation only

· Improved road surface

· Cattle are less likely to ruin the surface

· 450m cattle crossing with vehicles at higher speeds

· Increased safety hazard

$595K

3

Rehabilitate road with laneway on shoulder

· Improved road surface

· Distinct cattle damage resistant asphalt crossings

· Fence is within 3m from traffic edge line creating a major safety hazard

$620K

4

Rehabilitate road with private laneway

(dairy side)

· Improved road surface

· Distinct cattle damage resistant asphalt crossings

· $50,000 spent on private land

· Four 20m cattle crossings

$620K

5

Rehabilitate road with cattle underpass

· Improved road surface

· Best road safety improvement

· No delays to traffic due to cattle crossing the road

· Flooding of tunnel requires pumps and maintenance

· Acid Sulfate Soils difficult to mitigate

$725K

6

Option 1 without stages 3 and 4

· Distinct cattle damage resistant asphalt crossings

· Only half the road is rehabilitated

$470K

7

Rehabilitate road to current standard

· Improved road surface short term

· No safety improvements.

· Accelerated road surface deterioration is likely

$555K

 

Preferred Option – Option 1 Laneway on Private Property

 

The most practical and cost effective option for both the land owner and Council rate payers is to provide a hardstand gravel laneway on private property that reduces and manages the number cattle road crossing points

 

This option provides the best means of ensuring public safety and reducing road maintenance.  By installing a 5.5m laneway on private land provides the community and landowner with the following benefits:

 

·    Cattle movements are reduced to 2 crossing point locations

·    Cattle is prevented from walking along the road in an uncontrolled manner

·    The likelihood of conflict between cattle and motorists leading to injury or death, is reduced and minimised

·    The road surface wear and tear is reduced thereby reducing Council maintenance costs

·    The private landowner is responsible for the laneway maintenance costs into the future

·    The private landowner is responsible to manage and maintain safety signage on Myocum Road during stock crossing 

·    The Private landowner to pay for labour to erect the fencing materials supplied by Council

 

Council to undertake the following works activities on private property:

·    Construction of the laneway including all earthworks and stormwater pipe installation.

·    Supply of fencing materials, stormwater pipes, gabion rock and miscellaneous items for the construction of the laneway.

·    Spoil generated from the road works to be incorporated into the formation with cost savings.

·    Profiling’s to be imported from other projects to be used to top the laneway creating cost savings.

 

 

 

Myocum Road pavement renewal

 

This section of road is to be rehabilitated with a spray seal gravel overlay with asphalt used for the farm entry’s to resist the damage caused by the cattle.

 

Mr Barlow is very motivated to resolve the cattle movement issues before Christmas 2016 and would like to contribute to the project by organising labour for installation of the laneway fencing at his cost.

 

Financial Implications

 

There are sufficient funds in the 2015/2016 year for the works to be carried out.

 

Table 1. Allocation of Estimate

Road Reserve

Private Property

Works to be carried out

Road Reconstruction

Laneway including fencing, drainage & earthworks

Expenditure of Estimate

90%

10%

Estimate

$439,629.29

$50,326.37

 

Statutory and Policy Compliance Implications

 

The works are exempt development under SEPP Infrastructure and a REF has been prepared.

 

Under the Roads Act 1993 – Section 5 determines rights of public road users.

5  Right of passage along public road by members of the public

(1)  A member of the public is entitled, as of right, to pass along a public road (whether on foot, in a vehicle or otherwise) and to drive stock or other animals along the public road.

 

Under the Roads Act 1993 – Section 102 of the act imposes responsibilities on public road users.

102  Liability for damage to public road

(1)  A person who causes damage to a public road, or to any road work on a public road or any traffic control facility on a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 of that Act relating to all of the provisions of that Act), is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage.

(2)  If damage referred to in this section is caused by a motor vehicle or vessel, the owner and the driver of the motor vehicle or, as the case may be, the owner and the master of the vessel are jointly and severally liable for the damage.

(3)  This section does not apply to ordinary wear and tear caused by reasonable use of a public road.

 

Under the Local Government Act 1993 – Section 67 Private works council is required to charge an approved fee for the work and report to council.

 

Section 67 Private Works

 (1) A council may, by agreement with the owner or occupier of any private land, carry out on the land any kind of work that may lawfully be carried out on the land.

Examples of the kind of work that a council might carry out under this section include:

• paving and roadmaking, fencing and ditching, demolition and excavation

 (2) A council must not carry out work under this section unless:

(a) it proposes to charge an approved fee for carrying out the work as determined by the council in accordance with Division 2 of Part 10 of Chapter 15, or

(b) if it proposes to charge an amount less than the approved fee, the decision to carry out the work is made, and the proposed fee to be charged is determined, by resolution of the council at an open meeting before the work is carried out.

(3) A council must include details or a summary of any resolutions made under this section and of work carried out under subsection (2) (b) in its next annual report.

(4) A report of work to which subsection (2) (b) applies must be given to the next meeting of the council after the work is carried out specifying:

• the person for whom the work was carried out

• the nature of the work

• the type and quantity of materials used

• the charge made for those materials

• the total of the number of hours taken by each person who carried out the work

• the total amount charged for carrying out the work (including the charge made for materials)

• the reason for carrying out the work.

 

Under the Byron Shire Council Fees and Charges 2015 – 2016 Section 2 – Infrastructure Services Fleet and Plant Page 17

If private works are undertaken then the rates for the plant, labour and materials used to compile the estimate of

costs will be those internal rates plus 15%.

So therefore the approved fee would be $57,875.33 (exclusive of GST)


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                               13.10

 

 

Report No. 13.10         Adoption of Draft North Byron Flood Study

Directorate:                 Infrastructure Services

Report Author:           James Flockton, Drain and Flood Engineer

File No:                        I2016/264

Theme:                         Community Infrastructure

                                      Emergency Services and Floods

 

 

Summary:

 

The Draft North Byron Flood Study has been out to public exhibition as per Council policy and resolution.

 

All submissions are provided to Council for consideration, along with management comment.

 

The study report is considered to be now ready for Council to consider for adoption.

 

  

 

RECOMMENDATION:

That Council adopt the Draft North Byron Flood Study (Council document numbers E2016/21992 and E2016/21942) and staff proceed to complete all actions detailed within the conclusion as funding and staffing levels permit.

 

Attachments:

 

1        Confidential - Submission 1 - Draft North Byron Flood Study public exhibition process, E2016/19009  

2        Confidential - Submission 2 - Draft North Byron Flood Study public exhibition process, E2016/19010  

3        Confidential - Submission 3 - Draft North Byron Flood Study public exhibition process, E2016/19011  

4        Confidential - Submission 4 - Draft North Byron Flood Study public exhibition process, S2016/2551  

5        Confidential - Submission 5 - Draft North Byron Flood Study public exhibition process, S2016/2584  

 

 


 

Report

 

The Draft North Byron Flood Study has been out to public exhibition as per Council policy and resolution.

 

The exhibition period was 42 days, 18th January to 29th February 2016.

 

Council received a total of 5 submissions on the study document, these are detailed below.

 

Generally the submissions were either resolved with minor changes to the report or the issues are such that they cannot be resolved at this stage of the floodplain risk management process.  Further discussion on each submission can be found in the table below.

 

Suggested changes to the document have been made where appropriate, therefore, the Draft North Byron Flood Study is now ready for Council to consider for adoption.

 

A meeting of the North Byron Floodplain Risk Management Committee to review the submissions was not considered necessary because all changes were of a minor nature.  Other submissions could not be resolved as part of this stage of the floodplain management process.

 

Each submission can be found as a confidential attachment, should Council wish to read any submission in full.

 

The final Draft North Byron Flood Study can found at the following web ink http://it.bmtwbm.com.au/nbsfs/ The documents cannot be provided as attachments to this report because they are a very large file sizes.

 

Overview of Submissions

 

Submission No.

Recommendation

Management Comment

1.

Concern with the resident survey analysis.

 

 

 

 

Concerns regarding correct explanation and representation of rock walls within Readings Bay.

Whilst this is fair comment, the survey has little, if any bearing on the result of the flood study.  An updated survey and more in depth analysis will be completed as part of the Floodplain Risk Management Study.

 

The study document has been updated in accordance with the requested changes.

2.

Recommend Council accept the results of the study.

 

Request that the flood record and history for the Durrumbul gauge station be detailed within the appendix.

 

That the use of a detention basin within the model to help achieve good fit be detailed within the study summary rather than deep in the document.

Noted.

 

 

 

The study document has been updated in accordance with the requested changes.

 

 

 

 

The study document has been updated in accordance with the requested changes.

3.

Concern regarding the results of the flood modelling around the Tallowood development when compared to the modelling prepared for the development.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Concern regarding the results of the flood modelling around Riverside Drive, Rush Court, Hakea Court and Hottentot Crescent.

 

 

 

 

 

 

 

 

Concern the model does not include all the developed areas of Tallowood.

 

 

 

No flood study has predicted flooding around stage 4B above 6.78m, including the 1986 Webb McKeown report

The flood study prepared for the development is a smaller model which has not been calibrated against any historic events.  The North Byron Flood Study is a much larger study which considers the whole catchment and has been calibrated and verified with historical events.  The calibration in this area was conservative by 200-300mm, an amount which is acceptable for a broad scale catchment model.

 

Various model improvements have been discussed and could be carried out, including extra river cross section surveys, 2D model representation of river bends and increased resolution around the development site.  This work would cost in the region of $25-30k and is unlikely to reduce the flood levels to any great extent.

 

Staff have reviewed the results and do not see a need to re-visit the modeling.  It is an increase compared to the development model, but it is believed to be the best and most accurate modeling available given the current data set and detail within the model.  Therefore, no changes are proposed.

 

The Mullumbimby area has experienced limited large scale flooding over recent history, therefore, awareness of what’s possible versus modelled is not of a sufficient level to question the science. Considerable effort has been put into developing a flood model that is as accurate as possible given existing technology and available data.  The model calibration is acceptable.  Therefore, staff have no reason to question the results any further.

It is also noted that the results are higher than the historical experience by the submitter, therefore, the model is on the conservative side, which is safer than under predicting, from a floodplain risk management perspective.

The flood model includes stage 1 to 3, all of which are complete and as built survey provided. 4A is under construction and 4B is proposed, until these areas are complete they cannot be added to the model because the as built survey has not been provided.

 

The 1986 flood study does not map the stage 4B area as being flood prone, however, the nearest flood contours are between 7-8m.  Existing ground levels, which are likely to be the same as the 1986 ground levels are ~ 6.5-7m, therefore, the model should have shown it as flood prone, but it didn’t. The likely reason being lack of detailed ground levels.  This shows the advancement between the 1986 flood model and the new flood model.

 

Two images are provided below this table.  Firstly an image with the 1986 flood model contours for the 100 year flood added and secondly an extract of the mapping from the 2016 model flood mapping for the 100 year flood.  Note, flood levels are not vastly different, slightly higher, but the inundation area is considerably different.  This is due to the 2016 model having vastly improved ground level detail.

4.

Concern regarding the existence of old ocean outlets, the Brunswick Heads rock walls, sedimentation of Marshalls Creeks all having an impact on flood risk in the area.

 

 

 

 

 

 

 

 

Concerns regarding representation of rock walls within Readings Bay.

 

No confidence in current consultant or that Council is serious about reducing flood risk in accordance with the floodplain development manual.

A flood study is not expected to assess how certain topographic features would increase or decrease flood levels.  A flood study is expected to model and predict flood behaviour for the current and existing catchment and comment on how floods act in the catchment.

A floodplain risk management study is expected to assess various options for flood mitigation within the catchment.  Therefore, actions to consider these issues have been added to the conclusion of the North Byron Flood Study.  This will ensure the various concerns are modelled to assess the potential to mitigate flooding in the catchment, as requested, when Council complete the next stage, a floodplain risk management study.

 

The study document has been updated in accordance with the requested changes.

 

 

 

Council is and must follow the process prescribed within the NSW floodplain development manual. This means Council has not reached the stage where flood mitigations options are required to be considered.  As described above mitigations options will be considered at the next stage.  The fact that Council is following the prescribed process shows it is taking flood risk seriously.

5.

Submission was somewhat confusing, however, key points are believed to be:

 

Concern with Council doing more and more studies.

 

 

 

Concerns regarding representation of rock walls within Readings Bay.

 

Concern regarding the existence of old ocean outlets, the Brunswick Heads rock walls, sedimentation of Marshalls Creeks and encroachment of mangroves all having an impact on flood risk in the area.

 

 

 

 

 

 

Questioned Council climate change position

 

 

 

 

Concern with Council’s neglect of river banks, specifically near New Brighton.

 

 

 

 

 

Council is following the process prescribed within the NSW floodplain development manual. Before Council can move to an on-ground / mitigation works stage it must do the studies, this is legislated. Therefore it is out of Council’s control.

 

The study document has been updated in accordance with the requested changes.

 

 

 

A flood study is not expected to assess how certain topographic features would increase or decrease flood levels. A flood study is expected to model and predict flood behaviour for the current and existing catchment and comment on how floods act in the catchment.

A floodplain risk management study is expected to assess various options for flood mitigation within the catchment. Therefore, actions to consider these issues have been added to the conclusion of the North Byron Flood Study.  This will ensure the various concerns are modelled to assess the potential to mitigate flooding in the catchment, as requested, when Council complete the next stage, a floodplain risk management study.

 

The Flood Study uses Council’s current Climate Change Policy for guidance on assessing climate change. This policy is considered to represent current best practice and is Councils adopted position, therefore, no changes are proposed.

 

This is not an issue for a Flood Study to consider, however, Council staff, are already discussing the river bank condition with Marine Parks as a separate issue.

 

 

 

 

 

Financial Implications

 

Adoption does not create any immediate financial implications.

 

Council is not bound to complete any of the actions within the conclusion by any particular timeframe.

 

They can be completed as funding and staffing permits.

 

Statutory and Policy Compliance Implications

 

Councils are expected to prepare Floodplain Risk Management Studies and Plans for flood prone catchments within their local government area.  These documents must be prepared in accordance with State Government Policy. 

 

The NSW Floodplain Development Manual 2005 is the current policy used by State Government for the preparation of such documents. 

 

The Office of Environment and Heritage (OEH) is the State Government Department responsible for ensuring all flood related documents are prepared in accordance with the manual.

 

The Daft North Byron Flood Study has been prepared in accordance with the NSW Floodplain Development Manual 2005. OEH have a technical adviser who sits on the North Byron Floodplain Risk Management Committee.

 

OEH have not raised any concerns with adopting the draft document.      


BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services                                             14.1

 

 

Reports of Committees - Infrastructure Services

 

Report No. 14.1           Report of the Local Traffic Committee Meeting held on 6 April 2016

Directorate:                 Infrastructure Services

Report Author:           Simon Bennett, Traffic and Transport Planner

File No:                        I2016/386

Theme:                         Community Infrastructure

                                      Local Roads and Drainage

 

Summary:

 

The Local Traffic Committee met 6 April 2016. 

 

Their recommendations are provided here for Council determination.

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Local Traffic Committee Meeting held on 6 April 2016. 

 

 

 

2.       That Council adopt the following Committee and Management Recommendation:

 

Report No. 6.1   Proposed parking restrictions, Mullumbimbi Lane, Brunswick Heads

                            File No: I2015/586

 

RECOMMENDATION:

That commencing at Park Street, Brunswick Heads, and continuing west for a length of 45m, the north side of Mullumbimbi Lane be signed as ‘No Parking’ Monday to Friday between 8.30am and 1pm and the south side be signed as ‘No Stopping’. Signage to be installed in RMS Technical Direction 2002/12c.

 

3.       That Council adopt the following Committee and Management Recommendation(s):

 

Report No. 6.2   Proposed traffic changes, Clifford Street, Suffolk Park

                            File No: I2016/265

 

RECOMMENDATION:

1.       That ‘No Parking’ be signed on the west side of Broken Head Road, Suffolk Park from 50m south to 90m north of Clifford Street.

 

2.       That subject to the NSW Transport contracted public transport service provider concurrence (i.e. Blanchs’), the bus stop and shelter on the south side of Clifford Street east of Broken Head Road be relocated further east.

 

3.       That subject to meeting RMS requirements, a speed reducing treatment (eg entry statement) be implemented on Broken Head Road south of Clifford Street, Suffolk Park.

 

4.       That RMS assess the warrant for a fixed speed camera on Broken Head Road south of Clifford Street, Suffolk Park.

 

5.       That the Local Traffic Committee have no in-principle objection to entering the car park driveway furthest from Broken Head Road and exiting the car park closest to Broken Head Road.

 

4.       That Council adopt the following Committee and Management Recommendation(s):

 

Report No. 6.3   Event road closure, Bangalow Billy cart derby, Sunday 15 May, 2016 File No: I2016/266

 

RECOMMENDATION:

1.       That the Bangalow Billy Cart Derby, to be held Sunday 15 May 2016, which includes the temporary road closure of Byron Street, Bangalow between Granuaille Road and Market Street between the hours of 6am and 4pm, be endorsed.

 

2.       That the approval provided in Part 1 is subject to:

 

a)      NSW Police approval being obtained

 

b)      Local Traffic Committee advice being sought for the event Traffic Management Plan (including Risk Management Plan and Traffic Control Plan/s) prior to implementation of traffic control devices including road closures, noting that:

 

i)       conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons

 

ii)      all temporary traffic control devices erected for the event must comply with Roads & Maritime Services Guide to Traffic Control at Worksites Manual, not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event; and

 

iii)     temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event; and that where local Council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police

 

c)      The event organiser:

 

i)       advertising the impact of the event via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

 

ii)      providing a copy of the advert for Council's web page

 

iii)     informing community and business that are directly impacted (eg adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised

 

iv)     arranging for private property access and egress affected by the event

 

v)      liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event

 

vi)     consulting with emergency services and any identified issues be addressed

 

vii)    evidence of holding $20m public liability insurance cover which is valid for the event being provided

 

viii)   payment of Council’s Road Event application fee prior to the event.

 

5.       That Council adopt the following Committee and Management Recommendation(s):

 

Report No. 6.4   Traffic Management for Mullum2Bruns Paddle, Sunday 22 May 2016 File No: I2016/153

 

DRAFT RECOMMENDATION:

1.       That Council approve the temporary traffic control measures in Mullumbimby for the Mullum to Bruns Paddle, to be held on Sunday 22 May 2016.

 

2.       That the approval provided in Part 1 is subject to:

 

a)      NSW Police approval being obtained

 

b)      Local Traffic Committee advice being sought for the event Traffic Management Plan (including Risk Management Plan and Traffic Control Plan/s) prior to implementation of traffic control devices including road closures, noting that:

 

i)       conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons

 

ii)      all temporary traffic control devices erected for the event must comply with Roads & Maritime Services Guide to Traffic Control at Worksites Manual, not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event

 

iii)     temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event; and that where local Council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police

 

c)      The event organiser:

 

i)       advertising the impact of the event via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

 

ii)      providing copy of the advert for Council's web page

 

iii)     informing community and business that are directly impacted (e.g. adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised

 

iv)     arranging for private property access and egress affected by the event

 

v)      liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event

 

vi)     consulting with emergency services and any identified issues be addressed

 

vii)    providing proof of holding $20m public liability insurance cover which is valid for the event

 

viii)   payment of Council’s Road Event application fee prior to the event.

 

6.       That Council does not adopt Committee Recommendation(s) 6.5 as shown in the attachment to this report, but instead adopts the Management Recommendation(s) as follows:

 

Report No. 6.5   ANZAC Day Parades 2016 - Traffic Management

                            File No: I2015/584

 

RECOMMENDATION:

That Council note this item was tabled as a matter of urgency at the 7 April 2016 Ordinary Meeting and resolved in support of the 2016 ANZAC Day parades as per the recommendation of the Local Traffic Committee. 

 

7.       That Council adopt the following Committee and Management Recommendation:

 

Report No. 6.6   Request for No Stopping, Byron Bay Courthouse

                            File No: I2016/267

 

RECOMMENDATION:

That subject to owner consent, ‘No Stopping’ apply both sides of the vehicle access road which is on the grounds of the Byron Bay courthouse and provides access between Middleton Street and the courthouse car park.  Signage and Line marking to be installed in RMS Technical Direction 2002/12c and /or RMS Delineation Guidelines section 13.

 


 

 

8.       That Council adopt the following Committee and Management Recommendation(s):

 

Report No. 6.7   Changes to parking restrictions, Gilmore Crescent, Byron Bay

                            File No: I2016/278

 

RECOMMENDATION:

1.       That Council’s 6-month review of the pay parking meter registration scheme includes consideration of extending such a scheme into Gilmore Crescent, Byron Bay that is within the public road reserve as shown by the orange line in the 6 April 2016 Local Traffic Committee report to Council (file I2016/302).

2.       That upon endorsement of the Roads and Maritime Services (RMS) and the land owner or their delegated authority, the constructed access road and related areas that exist beyond the public road reserve of Gilmore Crescent and that are upon the Sandhills crown reserve be signed as depicted in this report (I2016/302) such that :

a)      the red solid line being ‘No Parking’, applicable all times

b)      the red dashed line being ‘No Parking 1am – 6am’

c)      the yellow line being ‘No Stopping’ unless currently signed otherwise, e.g. permissive parking

d)      the removal of the Loading Zone (blue line ) and with the exception of the retention of the mobility permit parking bay apply:

i)       a 15-minute time limit Monday to Friday 8am-10am and 3pm-6pm

ii)      ‘No Parking 1am-6am’

iii)     no time limit outside these times

e)      the green solid line is to be ‘No Parking – Monday -Friday 6am-6pm Permit Holders Excepted’ and ‘No Parking 1am-6am’

f)       the green dashed line being ‘No Parking - 6am-6pm Permit Holders Excepted’ and ‘No Parking 1am-6am’

 

9.       That Council adopt the following Committee and Management Recommendation:

 

Report No. 6.8   Request for No Stopping - 6-8 Browning Street, Byron Bay

                            File No: I2016/287

 

RECOMMENDATION:

That ‘No Parking’ apply at the frontage of 6 - 8 Browning Street, Byron Bay for the time and day of waste services only (currently 6.00 – 8.00 am Tuesday) subject to confirmation that collection of bins on Browning Street was the approved method under the DA consent conditions.

 


 

 

10.     That Council adopt the following Committee and Management Recommendation:

 

Report No. 6.9   Request for parking restrictions, Osprey Court, Byron Bay

                            File No: I2016/288

 

RECOMMENDATION:

That ‘No Parking’ be signed from the driveway of number 3 Osprey Court, Byron Bay to number 5 Osprey Court, Byron Bay.

 

11.     That Council adopt the following Committee and Management Recommendation:

 

Report No. 6.10 Removal of 30-minute time limit, bus zone, Jonson Street, Byron Bay File No: I2016/289

 

RECOMMENDATION:

That on the grounds of non-compliance and misuse the 30-minute time limit, introduced as per Council resolution 11-040, be removed from the existing Bus Zone signage on the west-side of Jonson Street, Byron Bay as located immediately north of Marvell Street.

 

12.     That Council adopt the following Committee and Management Recommendation(s):

 

Report No. 6.11 Byron Bay to Ballina Coastal Charity Walk - Westpac Life Saver Rescue fundraiser, Sunday 15 May 2016

                                                         File No: I2016/291

 

RECOMMENDATION:

1.       That Council endorses the Westpac Life Saver Rescue Helicopter fundraiser, Byron Bay to Ballina Chopper Walk, to be held Sunday 15 May 2016, subject to:

 

a)      the use of an accredited designed and implemented Traffic Control Plan for the purpose of stop / go controls where required

 

b)      the use of marshals along Marine Parade who, for the purpose of aiding and forming participants into walking groups, are to undertake their duties in accordance with a pre-event risk assessment and management plan, a copy of which is to be provided to Council prior to the event

 

c)      public liability insurance be in place for the sum of at least $20 million

 

d)      attainment (by the event proponent) of NPWS written acceptance of the event

 

2.       That the endorsement in Part 1 is also subject to the following in regard to the use of Seven Mile Beach Road, that is:

 

a)      signage, which specifies the date, hours and nature of the event, be positioned at the entrance and exit of Seven Mile Beach Road one week prior to the event

 

b)      on the day of the event, at 500m intervals, and facing both directions of travel, signs advising of ‘Special Event - Charity Walk Ahead’ (or similar) are installed prior, and removed after, the event occurs

 

c)      a safety induction for participants advising of hazards be provided

 

13.     That Council adopt the following Committee and Management Recommendation:

 

Report No. 6.12 Request for No Stopping, service road, 44-52 Massinger Street, Byron Bay

                            File No: I2016/293

 

RECOMMENDATION:

That the east side of the service road between the properties of 44 and 52 Massinger Street, Byron Bay be signed as ‘No Stopping’, as per RMS Technical Direction 2002/12c.

 

14.     That Council adopt the following Committee and Management Recommendation:

 

Report No. 6.13 Proposed Electric Vehicle charging stations and dedicated parking sites, Byron Bay

                            File No: I2016/294

 

RECOMMENDATION:

That Council notes that currently no regulatory signage exists for dedicating parking for an electric vehicle.

 

15.     That Council adopt the following Committee and Management Recommendation(s):

 

Report No. 6.14 Splendour in the Grass

                            File No: I2016/306

 

RECOMMENDATION:

That the temporary traffic management and regulatory changes within the series of Traffic Control Plans related to the Splendour in the Grass Music Festival to be held Friday 22nd to Sunday 24th July 2016 inclusive be endorsed subject to the following:

 

a)      NSW Police approval being obtained

 

b)      Local Traffic Committee advice being sought for the event Traffic Management Plan (including Risk Management Plan and Traffic Control Plan/s) prior to implementation of traffic control devices including road closures, noting that:

 

i)       conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons

 

ii)      all temporary traffic control devices erected for the event must comply with Roads & Maritime Services Guide to Traffic Control at Worksites Manual, not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event; and

 

iii)     temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event; and that where local Council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police

 

c)      The event organiser:

 

i)       advertising the impact of the event via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

 

ii)      providing a copy of the advert for Council's web page

 

iii)     informing community and business that are directly impacted (eg adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised

 

iv)     arranging for private property access and egress affected by the event

 

v)      liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event

 

vi)     consulting with emergency services and any identified issues be addressed

 

vii)    evidence of holding $20m public liability insurance cover which is valid for the event being provided;

 

viii)   a communications protocol being developed in conjunction with RMS, Police and any other identified stakeholder and explained to those involved in the implementation of traffic management; and

 

ix)     the holding of an event debrief within the month following the festival which includes but not limited to Council, RMS and Police.

 

16.     That Council adopt the following Committee and Management Recommendation:

 

Report No. 7.1   New roundabout and speed zone, Tweed Valley Way, Yelgun

                            File No: I2016/290

 

RECOMMENDATION:

That Council writes to the RMS requesting a speed zone review on the roundabout design for the new dual lane roundabout at Tweed Valley Way, Yelgun.

 

17.     That Council adopt the following Committee and Management Recommendation:

 

Report No. 8.1   Byron Bay Bypass - DA 10.2016.77.1

                            File No: I2016/292

 

RECOMMENDATION:

That detailed design plans for line marking and regulatory signage as proposed for the Byron Bay town centre bypass be provided to the Local Traffic Committee, whose endorsement of such plans are required prior to their implementation.

 

 

 

Attachments:

 

1        Minutes Local Traffic Committee Meeting 6 April 2016, I2016/302  

 

 


 

Report

 

The attachment to this report provides the minutes of the Local Traffic Committee Meeting of 6 April 2016 for determination by Council.  The agenda for this meeting can be located on Council’s website at:

 

http://www.byron.nsw.gov.au/meetings

 

Committee Recommendation 6.5

 

1.   That Council endorses the ANZAC Day Parades for 25 April 2016 for the Return Services League sub branches of Byron Bay, Mullumbimby, Bangalow and Brunswick Heads / Billinudgel.

 

2.   That Council:

 

a)   assists where requested with implementing the necessary temporary road closures and detours; and

b)   placing of public notice advertisements in a local weekly newspaper which is circulated prior to the event and a copy of which is placed on Council’s web site.

 

3.       That the approvals provided above are subject to NSW Police approval being obtained and      that each event is undertaken either or both under Police escort or traffic control and/or         Council’s implemented traffic control.

 

Management Comments

 

Given this item would be reported to Council after the event date, the above was reported as an Urgency Motion to Council on 7 April 2016, whereby it was adopted as recommended by the Committee with their above wording (Res 16-187).

 

Therefore the recommendation wording was changed to read:

 

Management Recommendation 6.5

 

That Council note this item was tabled as a matter of urgency at the 7 April 2016 Ordinary Meeting and resolved in support of the 2016 ANZAC Day parades as per the recommendation of the Local Traffic Committee. 

 

The remaining recommendations are supported by management and are provided in the attachment to this report.

 

Financial Implications

 

As per the Reports listed within the Local Traffic Committee Meeting of 6 April 2016.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Local Traffic Committee Meeting of 6 April 2016.   


BYRON SHIRE COUNCIL

Questions With Notice                                                                                                         15.1

 

 

Questions With Notice

 

Question with Notice No. 15.1     Herbicide Use - Remainder of Answers to QWN

File No:                                           I2016/312

 

  

 

Cr Dey asked the following question, part of which was answered at the Ordinary Meeting held 7 April 2016:

 

1.    What is the format in which Council records the volumes of herbicides it uses within the Shire?

 

2.    Is such data broken down into types or brands of herbicide?

 

3.    Does the data include the sectors of Council using the herbicide or the geographical areas of application?

 

4.    Can Council please supply annual data or for another time period for the most recent 5 years of record?

 

5.    What other public authorities or agencies use herbicides within the Shire (eg RMS, railways, NPWS)?

 

6.    Do those authorities publish their annual usage and is that information available on a Shire area basis?

 

Response Director Infrastructure Services:

 

Due to the timeframe required to complete answers to the Question with Notice, staff were not available to finalise a response to all the questions in time for the collation of the meeting agenda of 7 April 2016, so undertook to supply the remaining answers at the Ordinary Meeting scheduled for 28 April 2016.

 

The answers to questions 1, 2, and 3 may be viewed at http://www.byron.nsw.gov.au/meetings

 

The remaining answers follow.

 

4.    Register attached – may not be an exhaustive list, as other parts of Council may have undertaken herbicide application, for example building assets.

5.       Staff have reviewed Government Agencies that have assets within our Shire that are likely to           have used or use herbicides within the Shire.  Agencies include:

 

·    Essential Energy (Electricity Distribution network)

·    TransGrid (High Voltage Transmission assets)

·    Rous Water

·    Rural Fire Service, NSW

·    Roads and Maritime Services

·    National Parks and Wildlife Service

·    Far North Coast Weeds

·    Department of Transport (Rail Corp)

·    Department of Education

·    State Emergency Service NSW

·    Fire & Rescue NSW

·    Ambulance Service of NSW

·    Telecommunications Authority

·    Police Force, NSW

·    NSW Public Works

·    Aboriginal Land Council, NSW

·    North Coast Holiday Parks

·    Crown Lands

 

6.       The Pesticides Regulation 2009 makes it compulsory for all people who use pesticides for commercial or occupational purposes to make a record of their pesticide use.  This includes farmers, market gardeners, parkland and greenkeepers, nursery operators, pest control operators, ground rig operators, landlords, landscape gardeners, local councils and government agencies, and other people who use pesticides as part of their job.

 

          Attached is a fact sheet of public authority notification requirements. 

          The regulation only goes so far as to regulate record keeping in accordance with the attached fact sheet, there is no current obligation to publish annual usage.  Staff have not identified published government agency annual usage data

 

 

Attachments:

 

1        Chemical Application Records Sheets, E2016/22341  

2        Public Authorities Pesticide Record Keeping Industry Guidelines, E2016/22345  

 

 


BYRON SHIRE COUNCIL

Questions With Notice                                                                                                         15.2

 

 

Question with Notice No. 15.2     O'Mearas Bridge, Binna Burra / Federal

File No:                                           I2016/319

 

  

 

 

At Council’s Ordinary Meeting held on 25 February 2016, Cr Cubis asked the following question which was taken on notice:

 

Who is responsible?

 

·        How was the bridge allowed to reach this state?

·        As rate payers we expect the Council will maintain these assets. Who is responsible and accountable for this? Where does the buck stop?

·        We don’t believe the current infrastructure asset management and process is adequate.

·        Where is the sinking fund? The proactive forward planning?

·        What steps are you putting in place to ensure this doesn’t happen again to other assets that are critical to the continued progress and development of the shire?

 

What is the solution?

 

·        We understand the recent grant application for Federal Funding to replace the bridge was unsuccessful. Other local councils were successful with Kyogle receiving $2.2 million in funding.

·        Does the Council even need Federal Funding – can’t Council commit to paying for the bridge itself?

·        Is the remediation work to be included in the 2016 -17 budget? If not why not?

·        Has consideration been given for Council to borrow the whole cost of the Bridge to complete the works?

·        Is the Council able to commit to a timetable for the remediation work to be completed?

·        The consultation process into placing a load limit on the Bridge was woefully inadequate and residents were badly affected with just a week’s notice.  

 

Response Director Infrastructure Services:

 

Who is responsible?

 

·        How was the bridge allowed to reach this state?

 

O’Meara’s Bridge has reached the end of its unimpeded service life. 

 

Previous councils over a number of years had progressively reduced expenditure on renewal and maintenance of infrastructure. Over the past 3 years this council has reversed this trend and significantly increased expenditure on infrastructure.

 

Previous maintenance has extended the life of the bridge but many of the major timber components can no longer be maintained.

 

Council has recognised that there has been an absence of dedicated Asset Management Planning linked to a Long Term Financial Plan and has now developed a Financial Sustainability Plan (FSP) for the Shire where one of the purposes of the plan is to address the significant infrastructure backlog across the shire through improved financial and infrastructure planning.

 

Based on this work Council has submitted a Council Improvement Plan (CIP) to the NSW State Government and have now been declared Fit For the Future.  This is an indication of the positive turnaround in the last 3 years of Council’s financial status which includes a significant plan to address asset management and the backlog over the next 10 years.

 

·        As rate payers we expect the Council will maintain these assets. Who is responsible and accountable for this? Where does the buck stop?

 

Byron Shire Council is responsible for the management of O’Mearas Bridge.

 

·        We don’t believe the current infrastructure asset management and process is adequate.

 

Council is now using the International Infrastructure Management Manual to guide its approach to asset management and has conducted inspections of the bridge network with a view to prioritizing renewal and maintenance works.

 

·        Where is the sinking fund? The proactive forward planning?

 

With the development of the FSP Council has:-

·    grown recurrent revenue;

·    developed operating efficiencies;

·    introduced more cost efficient procurement;

·    rationalised the property port folio;

·    developed partnerships; and

·    increased asset maintenance expenditure. 

 

For example Council was able to provide $500,000 in 2015/16 to the Bridge Reserve to be dedicated to bridge renewals.

 

·        What steps are you putting in place to ensure this doesn’t happen again to other assets that are critical to the continued progress and development of the shire?

 

Under Council’s Asset Management Plan, Council is increasing inspections of assets, prioritising works and reviewing methods of the way we look after all assets across the shire.

 

Council has established a reserve to fund bridge replacements and is deploying an innovative approach to replace this bridge using surplus Australia Defence Force (ADF) steel bridges. Council as part of its 2015/16 budget has recently purchased 2 ADF bridges to use for bridge replacements.

 

It is expected this approach will be significantly more cost effective than the equivalent concrete bridge replacement.

 

 

What is the solution?

 

·        We understand the recent grant application for Federal Funding to replace the bridge was unsuccessful. Other local councils were successful with Kyogle receiving $2.2 million in funding.

 

Correct, Council will continue to apply for funding where appropriate and lobby both State and Federal Governments for additional funding.  Grant funding is subject to meeting required criteria and funding available is limited. Council has also recently employed a Grants Officer to enable Council to focus on preparing more successful grant applications.

 

·        Does the Council even need Federal Funding – can’t Council commit to paying for the bridge itself?

 

Council has a significant infrastructure backlog and additional funding from all levels of government is of great value to the community as more works can be undertaken earlier.  Council as part of its FSP has identified that grant funding is an important component of assisting the Council in meeting its objectives. The need for on-going grant funding reflects similar needs by councils across Australia.

 

·        Is the remediation work to be included in the 2016 -17 budget? If not why not?

 

On 7 April Council resolved to allocate one of two ADF steel bridges to be used in this location.

 

Work has commenced on the detailed investigations required to successfully implement the bridge replacement.

 

Subject to the outcome of the investigations, it is expected that detailed design, environmental assessment and project approval will be completed in 2016/17.  Funding has been allocated in the draft 2016/17 capital works budget and associated forward estimates to complete the replacement of O’Meara’s Bridge. 

 

The budget will be subject to community consultation in May 2016 and is expected to be adopted in late June 2016.

 

·        Has consideration been given for Council to borrow the whole cost of the Bridge to complete the works?

 

Council already has a significant loan portfolio and the current plan is to utilise existing general funds or grant funds for the project. Council cannot finance additional debt at this time.

 

·        Is the Council able to commit to a timetable for the remediation work to be completed?

 

It is expected that the investigations, detailed design, environmental assessment and project approval will be completed in 2016/17 and construction completed in 2017/18 subject to budget confirmation. Council has already purchased an ADF bridge for the purpose.

 

·        The consultation process into placing a load limit on the Bridge was woefully inadequate and residents were badly affected with just a week’s notice.  

 

During the implementation of this project, the community will be kept informed of progress and engaged on any relevant issues. Council is committed to active engagement with the local community and would consider establishing a Project Reference Group including local community representatives to monitor and contribute to progressing this project.  

 

 

 

 

 


BYRON SHIRE COUNCIL

Questions With Notice                                                                                                         15.3

 

 

Question with Notice No. 15.3     Consent Conditions for Byron Sewage Treatment Plant (STP)

File No:                                           I2016/372

 

  

 

 

Cr Dey asks the following question:

 

Condition 9(iii) appears to have been imposed on the operation of the STP by Council's Resolution 02-1329 of 9 December 2002 (with Cr Dey voting against): 

9. Additional load at West Byron STP will not be accepted until: 

(i)    the transfer of 100% of the sewage flows from South Byron catchment; 

(ii)   West Byron STP satisfactorily meeting all applicable performance requirements as specified in the plant’s Environment Protection Licence and in this approval; 

(iii) availability of sufficient reuse capacity to accommodate 100% of the volume of treated effluent generated by the additional load; and 

(iv) availability of treatment capacity as defined in Approval Condition 6 above. 

Was this Condition enforced when approvals were sought and granted for such developments as the rezoning at West Byron and the new Hospital on Ewingsdale Road?

If it is not, then should it have been? 

I ask because this relates to the growth in Dry Weather Flows from the STP (ie discharge from the outlet of the wetland system).  When the STP upgrade was approved by Council and the State, most STP effluent was to have been re-used.  This is a great principle but only minor uptake of the offer of effluent for re-use has occurred.  Re-use quantities may have in fact have gone backwards. 

 

Response Director Infrastructure Services:

 

Council resolved to lift the sewage moratorium at its meeting held on the 11 April 2006 with resolution 06-159 in consideration of NOM 3.1.

 

06-159 Resolved:

1.    That Council lift the moratorium in accordance with the recommendation from the Byron Bay Wastewater Steering Committee Meeting of 27 March “That the Committee endorses the recommendation of the Director Water and Recycling Management Services that when there is three months of continuous compliant data and the new Department of Environment and Conservation licence is in place, this will be reported to Council recommending the lifting of the sewer moratorium.”

 

2.    That Council inform the public by separate major advertisement in all local papers, by display on the council website and at the front desk of Council and further, that Council write to various interested State Government departments to inform them of this decision forthwith. (Staples/Lazarus)

 

The 3 months of continuous compliant data was reported to the Council meeting on the 27/6/2006 and the moratorium was subsequently lifted with resolution 06-420.

 

06-420 Resolved that the West Byron STP has capacity to receive additional load. (Staples/Tucker)

 

Council’s Utilities section is currently preparing designs and specifications to extend the reuse scheme to include Main Beach, Byron Bay including the connection to toilet facilities and options to connect to private premises.  These works are planned to commence in May 2016.

 

Response from Acting Director Sustainable Environment and Economy:

 

The Hospital site was approved under the SEPP Infrastructure by the State Government and this condition was not considered by the Department of Planning.  The Department did consider that there was adequate capacity at the STP to cater for the demand generated by the Hospital.  .

 

The West Byron rezoning was also determined by the Department of Planning and the Department did consider that there was adequate capacity at the STP. 

 

 

 

 

 


BYRON SHIRE COUNCIL

Questions With Notice                                                                                                         15.4

 

 

Question with Notice No. 15.4     Temporary Toilets at Main Beach, Byron Bay

File No:                                           I2016/373

 

  

 

 

Cr Dey asks the following question:

 

When will the very temporary blue toilets on the ocean side of the temporary stainless steel toilets in the park west of the surf club at Main Beach Byron Bay be removed?  Council and the public were told these toilets would remain only for the summer season.  They have now been there through Easter.

 

Response Director Infrastructure Services:

 

The temporary blue toilets will be removed after the current school holidays and Anzac day long weekend. 

 

From a customer service viewpoint, the second block of toilets is required during the peak loading periods of Easter and school holidays.

 

There was a 6 week period after the summer holiday period before Easter when the temporary block could have been removed however the cost of removal and re establishment meant is was cost effective to leave the temporary block in place for the period.