Minutes
Ordinary Meeting
Thursday, 4 August 2016
Minutes
Ordinary Meeting
Thursday, 4 August 2016
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
4 August 2016
The following items are listed in the order in which they were dealt with.
Report No. 13.3 Report of the Planning Review Committee Meeting held on 2 June 2016
Report No. 13.5 Report of the Planning Review Committee Meeting held on 23 June 2016
Report No. 13.6 PLANNING - Broken Head Quarry rehabilitation works
Report No. 14.2 Report of the Heritage Advisory Committee Meeting held on 21 June 2016
Report No. 14.3 Report of the Belongil Catchment Advisory Committee Meeting held on 30 May 2016
Report No. 14.5 Report of the Water, Waste and Sewer Advisory Committee Meeting held on 2 June 2016
Report No. 14.6 Report of the Transport Advisory Committee Meeting held on 14 June 2016
Report No. 14.7 Report of the Belongil Catchment Advisory Committee Meeting held on 27 June 2016
Report No. 14.8 Report of the Local Traffic Committee Meeting held on 8 June 2016
Notice of Rescission Motion No. 9.2 (16-334) 10.2016.189.1, 116 Stuart Street Mullumbimby
Report No. 13.7 PLANNING - Draft Rural Land Use Strategy: Public Submissions Report
Notice of Rescission Motion No. 9.2 (16-334) 10.2016.189.1, 116 Stuart Street Mullumbimby
Report No. 13.12 Mullumbimby Masterplan Project Plan
Report No. 13.13 PLANNING - Draft Byron Shire Residential Strategy.
Notice of Motion No. 9.1 Mayor's Discretionary Allowance
Notice of Motion No. 9.3 Councillor Membership Post-Election of Committees.
Report No. 16.1 CONFIDENTIAL - Grant 5-year Market Licences for Preferred Proposals
Report No. 16.2 CONFIDENTIAL - Sale of Operational Land - Periwinkle Children's Centre Inc
Report No. 16.4 CONFIDENTIAL - Construction of the Byron Bay Urban Recycled Water Scheme Expansion
Petition No. 10.1 Speed Bump Needed in Blackwood Crescent, Bangalow
Report No. 13.1 Local Government NSW Annual Conference 2016.
Report No. 13.2 Council Investments June 2016
Report No. 13.4 Byron Coast Koala Plan of Management
Report No. 13.8 PLANNING - 10.2016.152.1 Secondary Dwelling, 30 Pinegroves Road, Myocum
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 4 August 2016
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday,
4 August 2016 COMMENCING AT 9.03 AND CONCLUDING AT 6.08PM
I2016/803
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Cubis (arrived 9.18am), Cr D Dey,
Cr A Hunter, Cr S Ibrahim, Cr P Spooner, Cr R Wanchap and Cr D Woods
Staff: Ken Gainger (General Manager)
Mark Arnold (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
David Royston-Jennings/Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
9.2 (16-334) 10.2016.189.1, 116 Stuart Street Mullumbimby
Len Bates addressed Council in favour the recommendation.
John McKenna of North Coast Community Housing and Adam Bennett-Smith of Koho addressed Council against of the recommendation.
13.7 PLANNING - Draft Rural Land Use Strategy: Public Submissions Report
Matthew O’Reilly of Saddle Roads Residents Action Group and Judy MacDonald addressed Council in favour of the recommendation.
13.9 PLANNING - 26.2016.1.1 - Planning Proposal for rezoning of land at Buckleys Road Tyagarah
Dwayne Roberts of Ardill Payne and Partners addressed Council against the recommendation.
13.10 PLANNING – Section 96 application 10.2014.230.2 to amend conditions of approval relating to operation of a Rural Tourist Facility (wedding centre) at 440 Bangalow Road Talofa
Ivan Holland, June Zentvelds and Colin Roden addressed Council against the recommendation.
13.12 Mullumbimby Master Project Plan
David Brown addressed Council in favour of the recommendation.
13.13 PLANNING – Draft Byron Shire Residential Strategy
Matthew O’Reilly addressed Council in favour of the recommendation.
Submission No. 1 Arakwal Native Title
Matthew O’Reilly made a submission to Council regarding Arakwal Native Title
Submission No. 2 Councils Role in Community
Donald Maughan made a submission to Council regarding Councils role in community during the 2012-2016 term of Council.
The General Manager left the meeting at 10.26am.
Submission No. 3 General Managers Contract
Morgan made a submission to Council regarding the General Managers Contract.
The General Manager returned to the meeting at 10.33am
Submission No. 4 Wedding Venues – The Grove
June Zentveld made a submission to Council regarding the Grove Wedding Venue.
The meeting adjourned at 10.35am and reconvened at 10.49am.
There were no apologies.
There were no requests for leave of absence
Declarations of Interest – Pecuniary and Non-Pecuniary
Crs Dey, Hunter and Wanchap declared a special disclosure of pecuniary interest under s451 of the Local Government Act 1993 in Report 13.7. The nature of the interest being the adoption or otherwise of the Rural Land Use Strategy.
Cr Hunter declared a pecuniary interest in Report 13.8. The nature of the interest being that it relates to the erection of a secondary dwelling. Cr Hunter removed himself from the Council Chamber for this item.
Cr Spooner declared a pecuniary interest in Report 16.1. The nature of the interest being that his employer Byron Bay Community Association is tendering for a license. Cr Spooner removed himself from the Council Chamber for this item.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Reservation of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
Corporate and Community Services
Report No. 13.1 Local Government NSW Annual Conference 2016
Report No. 13.2 Council Investments June 2016
Sustainable Environment and Economy
Report No. 13.4 Byron Coast Koala Plan of Management
Report No. 13.7 PLANNING - Draft Rural Land Use Strategy: Public Submissions Report
Report No. 13.8 PLANNING - 10.2016.152.1 Secondary Dwelling, 30 Pinegroves Road, Myocum
Report No. 13.9 PLANNING - 26.2016.1.1 - Planning Proposal for rezoning of land at Buckleys Road Tyagarah
Report No. 13.10 PLANNING - Section 96 application 10.2014.230.2 to amend conditions of approval relating to operation of a Rural Tourist Facility (wedding centre) at 440 Bangalow Road Talofa
Report No. 13.12 Mullumbimby Masterplan Project Plan
Report No. 13.13 PLANNING - Draft Byron Shire Residential Strategy
Infrastructure Services
Report No. 13.14 Handover of Road Assets from Roads & Maritime Services resulting from the Tintenbar to Ewingsdale Pacific Highway Upgrade Project
Reports of Committees
Report No. 14.8 Report of the Local Traffic Committee held on 8 June 2016
6.2 Coorabell Public School Bus Route - Request for Upgrade and Maintenance at 3 Bus Stops at Federal, Ewingsdale, Mullumbimby
Confidential Reports
Corporate and Community Services
Report No. 16.1 Confidential - Grant 5-year Market Licences for Preferred Proposals
Report No. 16.2 Confidential - Sale of Operational Land - Periwinkle Children's Centre Inc
Infrastructure Services
Report No. 16.4 Confidential - Construction of the Byron Bay Urban Recycled Water Scheme Expansion
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Woods and seconded by Cr Cubis. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 16-357 and concluding with Resolution No. 16-397.
Staff Reports - Sustainable Environment and Economy
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Report No. 13.3 Report of the Planning Review Committee Meeting held on 2 June 2016 File No: I2016/613
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Report No. 13.5 Report of the Planning Review Committee Meeting held on 23 June 2016 File No: I2016/692
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committee Reports - Sustainable Environment and Economy
COMMITTEE Reports - Infrastructure Services
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Report No. 14.3 Report of the Belongil Catchment Advisory Committee Meeting held on 30 May 2016 File No: I2016/614
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Resolved that Council note the minutes of the Belongil Catchment Advisory Committee Meeting held on 30 May 2016. (Woods/Cubis) |
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Report No. 14.4 Report of the Community Infrastructure Advisory Committee Meeting held on 2 June 2016 File No: I2016/621
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Resolved that Council note the minutes of the Community Infrastructure Advisory Committee Meeting held on 2 June 2016. (Woods/Cubis) |
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Resolved that Council adopt the following Committee and Management Recommendation: Report No. 5.2 Status of Actions File No: I2016/681
Committee Recommendation 5.2.1 That the report to the Belongil Catchment Advisory Committee outlining the status of actions is noted (Woods/Cubis). |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 6.6 Road Event - Monthly Criterium Cycle Races, Industrial Estate, Request for 3 Year agreement from September 2016 File No: I2016/505
1. That the Byron Bay Cycle Club’s Criterium Racing circuit at Byron Bay Industrial Estate, to be held on the first Sunday of each month from 4 September 2016 to the last Sunday in August 2019, be endorsed between these times:
a) Centennial Circuit between Bayshore Drive and Wollongbar Drive, Tasman Way, Wollongbar Drive and Brigantine Street (between Centennial Circuit and Wollongbar Drive) between the hours of 06:00 and 09:00
2. That the approval provided in Part 1 is subject to NSW Police approval being obtained
3. That the attached Traffic Control Plan and Traffic Management Plan be noted
4. That the Traffic Management Plan be implemented as approved
5. That the event organiser:
i. provide wording for Council’s website noting the impact of the event and including 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. inform 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
iii. arrange for private property access and egress affected by the event
iv. liaise with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event
v. consult with emergency services and any identified issues be addressed
vi. hold $20m public liability insurance cover which is valid for the event
vii. pay Council’s Road Event application fee prior to the event (Woods/Cubis). |
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Resolved that Council adopt the following Committee Recommendation(s): Report No. 8.1 Event - Byron Bay Writers Festival & Ideas Market from 5 to 8 August 2016 File No: I2016/593
1. That the temporary traffic management plan for the Byron Bay Writers Festival and Ideas Market, to be held from Friday 5 August to Sunday 7 August 2016, be endorsed, subject to NSW Police approval.
2. That the attached Traffic Management Plan (and Traffic Control Plans provided on 7 June 2016) be noted.
3. That the Traffic Management Plan be implemented as approved.
4. That the event organiser:
i) advertise 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) provide a copy of the advert for Council's website
iii) inform 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) arrange for private property access and egress affected by the event
v) liaise with bus and taxi operators and ensure arrangements are made for provision of services during conduct of the event
vi) consult with emergency services and any identified issues be addressed
vii) hold $20m public liability insurance cover which is valid for the event; and
viii) pay of Council’s Road Event application fee prior to the event. (Woods/Cubis). |
CONFIDENTIAL Reports - Corporate and Community Services
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Report No. 16.3 Confidential - Tender 2015-0035 Residential Subdivision Works 70-90 Station Street Mullumbimby Award Recommendation Report File No: I2016/742
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1. That Council decline to accept any of the tenders regarding tender 2015-0035 Residential Subdivision Works 70-90 Station Street Mullumbimby.
2. That Council authorise the General Manager to enter into negotiations with J & M Bashforth and Sons with a view to entering a contract in relation to the completion of revised subdivision works at Station Street, Mullumbimby, as sought by the prospective purchaser.
3. That Council authorises the GM to enter into any contract negotiated as per 2 above.
4. That Council state that its reasons for declining to invite fresh tenders as referred to in Local Government (General) Regulation 2005 reg 178(3)(b)-(d) are:
a. Having already conducted two tenders, Council has sufficiently tested the market in relation to the provision of subdivision works that J & M Bashforth and Sons represent Council’s most advantageous potential contractor to carry out the works.
b. A new tender process will take approximately three months, further delaying the project. Further, it is unlikely that a new tender process will result in a more advantageous result and there is a risk that, with Council having advertised the works twice before, tenderers may decline to respond to a third tender.
5. That Council state that its reasons for determining to enter into negotiations with J & M Bashforth and Sons are:
a. Having already tested the market twice regarding the works, and knowing that the revised subdivision works Council seeks to complete are not so different in scope from the tender, there are reasonable grounds for concluding the preferred contractor for the revised works is J & M Bashforth and Sons. (Woods/Cubis) |
CONFIDENTIAL Reports - Infrastructure Services
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Procedural Motion
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Resolved that Council change the order of business to deal with Reports 9.2, 13.9, 13.10, 13.12, 13.13 and 13.7 next on the Agenda. (Richardson/Woods) The motion was put to the vote and declared carried. |
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Procedural Motions |
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Resolved that Cr Spooner be granted a two minute extension to his speech. (Richardson/Woods)
The motion was put to the vote and declared carried. |
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Resolved that Cr Wanchap be granted a two minute extension to her speech. (Richardson/Woods) The motion was put to the vote and declared carried. |
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Resolved that Cr Ibrahim be granted a two minute extension to his speech. (Richardson/Woods)
The motion was put to the vote and declared carried. |
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Resolved that Cr Woods be granted a two minute extension to her speech. (Richardson/Cubis)
The motion was put to the vote and declared carried. |
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Resolved that Cr Richardson be granted a two minute extension to his speech. (Woods/Cubis)
The motion was put to the vote and declared carried. |
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Resolved that Cr Dey be granted a two minute extension to his speech. (Richardson/Woods)
The motion was put to the vote and declared carried. |
NOTE: THE VOTE ON RESOLUTION 16-406 BELOW WAS LATER RECOMMITTED AND THEREFORE IS NO LONGER VALID. REFER TO RESOLUTION 16-417.
The meeting adjourned at 12.34pm for lunch and reconvened at 1.33pm.
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Procedural Motion |
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Resolved that Council change the order of business to deal with Report 13.7 next on the Agenda. (Richardson/Woods) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
AMENDMENT:
Moved that Council:
a) adopt the proposed amendments to the draft Rural Land Use Strategy (RLUS) and supporting documents as contained in Table 1 of this report, to enable submission to and final endorsement by Department of Planning & Environment;
b) prior to submitting a final RLUS to the Department of Planning & Environment, undertake an intersection ‘capacity and functionality’ assessment for priority rural lifestyle living opportunity areas ‘1’ and ‘2’ (as identified in Attachment 3), to determine whether the nearest road intersection servicing each area can accommodate future development; and
c) incorporate the assessment outcomes from part b above into the RLUS (where applicable) prior to submitting to the Department of Planning & Environment for final endorsement.
(Dey/Spooner)
The amendment was put to the vote and declared lost.
Crs, Dey, Richardson, Cameron and Spooner voted in favour of the amendment.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted against the amendment.
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Procedural MotionS |
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Resolved that Cr Wanchap be granted a two minute extension to her speech. (Woods/Richardson) The motion was put to the vote and declared carried. |
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Resolved that Cr Woods be granted a two minute extension to her speech. (Richardson/Cubis) The motion was put to the vote and declared carried. |
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Resolved that Cr Richardson be granted a two minute extension to his speech. (Woods/Dey) The motion was put to the vote and declared carried. |
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Resolved that Cr Ibrahim be granted a two minute extension to his speech. (Richardson/Woods) The motion was put to the vote and declared carried. |
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Resolved that Cr Cameron be granted a two minute extension to his/her speech. (Richardson/Woods) The motion was put to the vote and declared carried. |
FORESHADOWED AMENDMENT
Moved that Council:
1. Incorporate changes as outlined in the report and defer submitting the RLUS until completion of Council’s Residential Strategy in order to:
a) Not pre-empt Council’s residential strategy and ensure the provision of a 20 year housing supply/demand context, including in RU5 Village zones to inform the draft RLUS, as requested by DPE
b) Establish a community consultative committee to ensure the knowledge, skills and insights of the community inform and enhance the RLUS and to reinforce a two-way relationship between the community and Council.
c) Engage an agricultural development officer to facilitate and guide development of the agricultural component of the RLUS and partner with the community to ensure the long term future of agriculture in the shire
d) Develop a rural tourism and economic strategy that incorporates weddings, rural accommodation and other tourism products and services
e) Ensure the RLUS accords with principles and actions within the Far North Coast Regional Conservation Plan, 2010 and that the approved RLUS ensures a net benefit for shire’s biodiversity, as requested by OEH
2. Hold a workshop to compile a list of properties considered appropriate for increased housing development. (Richardson/Dey)
The meeting adjourned at 2.27pm to open the Byron Shire Reserve Trust Committee Meeting. Resolution Numbers 16-413 was used during that meeting. The Ordinary Meeting reconvened at 3.10pm.
The amendment was put to the vote and declared lost.
Crs Dey, Richardson, Cameron and Spooner voted in favour of the amendment.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted against the amendment.
FORESHADOWED AMENDMENT
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Procedural Motion
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Resolved that Cr Ibrahim be granted a two minute extension to his speech. (Woods/Wanchap) The motion was put to the vote and declared carried. |
The foreshadowed amendment (Woods/Hunter) was put to the vote and declared carried.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted in favour of the amendment.
Crs Dey, Richardson, Cameron and Spooner voted against the amendment.
The foreshadowed amendment upon becoming the substantive motion was put to the vote and declared carried.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted in favour of the motion.
Crs Dey, Richardson, Cameron and Spooner voted against the motion.
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Procedural Motion |
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Resolved that the vote on Resolution No. 16-406 be recommitted. (Spooner/Ibrahim) The motion was put to the vote and declared carried. Crs Dey and Cameron voted against the motion. |
notice of rescission motion
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Notice of Rescission Motion No. 9.2 (16-334) 10.2016.189.1, 116 Stuart Street Mullumbimby File No: I2016/718 Continued |
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Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2016.189.1 for Multi dwelling housing under the State Environmental Planning Policy (Affordable Rental Housing), be granted a deferred commencement consent subject to the following conditions: 1. This consent does not operate until Council is satisfied that the plans for the development have been amended to reflect the following: a. Six x One bedroom units; b. Two x Two bedroom units; c. A minimum of two units be provided for affordable housing purposes; d. The amended plans are based on plans submitted to Council by Koho Projects Pty Ltd dated 5 July 2016 and Site Plan dated 10 July 2016.
Evidence of compliance with the above condition(s), sufficient to satisfy the Council as to those matters, must be provided within 2 years of this notice. If satisfactory evidence is produced in accordance with this requirement, the Council will give notice to the applicant of the date from which the consent operates. Council delegate authority to the General Manager to approve the plans.
(N.B. S94 Contributions and Water and Sewer Charges to be amended to reflect the amended plans)
CONDITIONS OF CONSENT:
Parameters of this Consent
1) Development is to be in accordance with approved plans and documents The development is to be in accordance with plans listed below:
The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.
2) Residential use This development consent allows only for the purposes of multi dwelling housing. Nothing within this development consent allows for the development to be used as tourist and visitor accommodation.
3) Provision of Affordable Housing From the date of the issue of an Occupation Certificate for the subject development a minimum of two (2) dwellings are to be used in perpetuity for the purposes of ‘affordable housing’ (as defined in the Environmental Planning and Assessment Act 1979 and State Environmental Planning Policy [Affordable Rental Housing] 2009), and these dwellings are to be managed by a registered community housing provider (registered community housing provider has the same meaning as in the Housing Act 2001).
4) Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work: (a) that the work must be carried out in accordance with the requirements of the Building Code of Australia , (b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.
(2) This clause does not apply: (a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or (b) to the erection of a temporary building.
(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.
5) Erection of signs (1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.
(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the principal certifying authority for the work, and (b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and (c) stating that unauthorised entry to the work site is prohibited.
(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
(5) This clause does not apply in relation to Crown building work that is certified, in accordance with Section 109R of the Act, to comply with the technical provisions of the State’s building laws.
(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.
Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).
6) Notification of Home Building Act 1989 requirements (1) For the purposes of section 80A (11) of the Act, the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989 . (2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:
(a) in the case of work for which a principal contractor is required to be appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under Part 6 of that Act, (b) in the case of work to be done by an owner-builder: (i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.
(3) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.
(4) This clause does not apply in relation to Crown building work that is certified, in accordance with Section 109R of the Act, to comply with the technical provisions of the State’s building laws.
7) Television reception system A single common television reception system provided with a design to minimise adverse visual impacts whilst enabling high quality reception for each dwelling.
8) External lighting installation To maintain safe access, adequate lighting must be provided between sunset and 12.00 PM. All external lighting must be installed in accordance with AS4282-1997: Control of the obtrusive effects of outdoor lighting.
9) No Interference with Amenity of Neighbourhood The proposed use of the premises shall not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. In particular: a) The noise level emanating from the use of the premises must comply with the New South Wales Industrial Noise Policy. b) Only clean and unpolluted water is permitted to be discharged to Councils’ stormwater drainage system or any waters. 10) Provision of a share car on site At all times a dedicated share car for residents of the site is to be provided. When not in use the car is to be parked on site. The share car is to be made be available to all residents of the subject site who are registered to use the vehicle. The share car is to be available for use by the residents 24hrs a day, 7 days a week with bookings to be made via the internet. The share car is to be maintained in complete working order, registered and insured by the owner of the property.
The following conditions are to be complied with prior to issue of a Construction Certificate
11) A Demolition Management Plan must be submitted to Council for approval An Environmental Management Plan (EMP) must be submitted to Council for approval prior to any demolition works commencing. The EMP must be prepared by a suitably qualified professional and contain details of measures to be undertaken to ensure that demolition works do not result in any off-site impacts that could interfere with neighbourhood amenity by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. All works must be in accordance with NSW WorkCover Authority.
12) Engineering Certification Written certification is to be submitted to the Principal Certifying Authority from a suitably qualified engineer to confirm that the proposed demolition works on the subject site will not detract from the structural integrity of any structure located on an adjoining property.
13) Details of the garbage, composting and recycling storage area required Details of the waste storage area (garbage, recycling and green bins) are required to be shown on the construction certificate drawings. The details are to include a concrete slab on ground for the waste storage area shown on the approved Site Plan referred to in Condition No.1.
14) Boundary fencing Acoustically rated boundary fencing is to be provided along the northern, southern and rear (eastern) boundaries to a height of 1.8 metres above ground level. The northern and southern side boundary fencing is to be of concrete, brick, block or AAC (Hebel) construction (excluding the area of ‘side return fencing’).
Fount boundary fencing (including ‘side return fencing’, that being the sides located between the front building line and the front property boundary to Stuart Street) is to be a maximum of 1.2 metres in height and incorporate plain heritage style picket fencing.
The proposed rear boundary fencing is to include lapped and capped hardwood timber construction or other materials which are compatible with the heritage character of the area. The total cost of all new fencing is to be at the expense of the applicant/developer.
15) Water and Sewerage - Section 68 approval required An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.
16) Remediation of contaminated land The application for a construction certificate must be accompanied by a Detailed Contaminated Land Assessment, and Remedial Action Plan (if required) prepared by a suitably qualified contaminated land specialist with experience in the remediation of contaminated land. The Remedial Action Plan must conform to NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other applicable standards.
The Remedial Action Plan must be approved as part of the Construction Certificate for Building Works.
17) On-site stormwater detention - Section 68 approval required An approval under Section 68 of the Local Government Act 1993 to carry out on-site detention drainage system and connection to a Council approved drainage system.
The plans must be in compliance with the Northern Rivers Local Government Development Design and Construction Manuals, Byron Shire Council Comprehensive Guidelines for Stormwater Management and relevant Australian Standards. Refer to Council’s website for copies of Council documents.
18) Sediment and Erosion Control Management Plan required The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as filter fences and sedimentation basins.
Such plans and specifications must be approved as part of the Construction Certificate.
NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.
19) Consent required for works within the road reserve Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.
Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works:
Consent from Council must be obtained for a Traffic Management Plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.
“The plan shall incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site”.
The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.
21) Car parking layout, vehicle circulation and access plans required. The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.
The access, parking and manoeuvring for the site is to comply with the requirements of Council’s Development Control Plan 2014, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:
a) pavement description; b) site conditions affecting the access; c) existing and design levels; d) longitudinal section from the road centreline to the car space(s); e) cross sections every 15 metres; f) drainage (pipes, pits, on-site detention, etc.); g) turning paths; h) linemarking and signage. i) Sight distances for the fences at the entry onto the lane are to comply with AS 2890.1 clause 3.2.4 The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.
Such plans and specifications must be approved as part of the Construction Certificate.
NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.
22) Flood Planning Level for new buildings The flood planning level for this development is 4.45m A.H.D. The plans and specifications to accompany the construction certificate application are to indicate a minimum habitable floor level that is at or above the flood planning level.
The plans and specifications to accompany the construction certificate application are also to indicate the use of flood compatible materials and services below the flood planning level in accordance with the requirements of Council’s Development Control Plan 2014 – Chapter C2 – Areas Affected by Flood.
23) Bond required to guarantee against damage to public land A bond of $4000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.
Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.
24) Certificate of Compliance – Water Management Act 2000 A Certificate of Compliance will be issued upon payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.
Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council. Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office. Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081. Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64
The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. Payment by Personal or Company Cheque will not be accepted.
25) Compliance with BASIX Certificate requirements The development is to comply with BASIX Certificate No.716163M_02, dated 10 June 2016. The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.
The plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the BASIX Certificate.
Minor changes to the energy efficiency measures may be undertaken without the issue of an amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.
Proposed external colours/materials must be consistent with those shown on the approved plans referred to in Condition No.1 of this consent. Such plans and specifications must be approved as part of the Construction Certificate.
26) Developer Contributions to be paid Contributions set out in the schedule at the end of this consent are to be paid to Council prior to the release of a construction certificate. Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended).
The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby. These contributions are to fund public amenities and services as listed in the schedule. Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended).
The contributions in the schedule are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule. Payments will only be accepted by cash or bank cheque.
27) Landscaping plan required The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Chapter B9 (Landscaping) of Byron Development Control Plan 2014. Species are to be chosen from Byron Council’s Native Species Planting Guide, available at www.byron.nsw.gov.au/publications/native-species-planting-guide. The landscaping plan must indicate:
a) proposed location for planted shrubs and trees b) botanical name of shrubs and trees to be planted c) mature height of trees to be planted d) location of grassed and paved areas, and e) The plan is to be prepared by a suitably qualified person/s who has appropriate experience and competence in landscaping. f) The area of proposed landscaping of indigenous or low water use species as specified on the BASIX Certificate.
Such plans and specifications must be approved as part of the Construction Certificate.
The following conditions are to be complied with prior to commencement of building works
The approved traffic management plan is to be implemented.
29) Builders rubbish to be contained on site All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.
30) Prevention of water pollution Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.
31) Erosion and Sediment Control Management Plan required Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.
Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.
Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).
Note: Council may impose on-the-spot fines for non-compliance with this condition.
32) Remediation of contaminated land (if required) Prior to the commencement of any works associated with this development consent, the following is required: a) A suitably qualified contaminated land specialist with experience in the remediation of contaminated land must be engaged by the proponent to oversee and be responsible for all works associated with the implementation of the Remedial Action Plan and subsequent site and soil validation. b) A notice of commencement of the remediation work and a copy of the Remedial Action Plan must be provided to Council’s Health and Environment Section prior to commencement of the -work. c) The notice of commencement must include contact details of the responsible person, including an emergency 24-hour phone number.
33) Remediation of contaminated land If required remedial works must be undertaken in conformance with the approved Remedial Action Plan and NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other applicable standards.
34) Removal of wastes All wastes associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licensed Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with NSW DECC Waste Classification Guidelines (2014) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf
35) Erosion & sediment measures Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A summary of these guidelines is attached. A full copy may be downloaded from Council’s web site at www.byron.nsw.gov.au.
36) WorkCover Authority All works must be undertaken in accordance with the requirements of the WorkCover Authority.
The following conditions are to be complied with during demolition and construction
37) Site Waste Minimisation and Management Plan (SWMMP) Construction works are to be undertaken in accordance with the approved SWMMP referred to in Condition No.1 of this Development Consent.
38) Construction/demolition times Construction/demolition works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction/demolition noise, when audible from adjoining residential premises, can only occur:
a) Monday to Friday, from 7 am to 6 pm. b) Saturday, from 8 am to 1 pm.
No construction/demolition work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.
Note: Council may impose on-the-spot fines for non-compliance with this condition.
39) Construction/demolition Noise Construction/demolition noise is to be limited as follows: a) For construction/demolition periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A). b) For construction/demolition periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)
Note: Council may impose on-the-spot fines for non-compliance with this condition.
40) Builders rubbish to be contained on site All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.
The following conditions are to be complied with prior to issue of a Final Occupation Certificate
41) Works to be completed prior to issue of a Final Occupation Certificate All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.
Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.
42) Access and parking areas to be completed. The access and parking areas are to be constructed in accordance with the approved plans and Roads Act consent.
43) Floor Levels – Certification for Flooding Prior to the issue of an Occupation Certificate, a certificate from a registered surveyor must be submitted to the Principle Certifying Authority confirming the height of habitable and non-habitable floors. An Occupation Certificate must not be issued unless the floor levels are at or above the relevant flood planning levels.
A maintenance bond of 5% (minimum bond amount of $1,000.00) of the value of the road works constructed is to be lodged with Council. A copy of the contract construction cost of the road works is to be submitted with the bond. The maintenance period is 6 months in accordance with Council’s current Design & Construction Manuals and will commence from the date of issue of the Occupation Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.
A record of infrastructure coming into Council ownership is to be submitted to Council. The information is to be submitted in the form of Council’s Standard Form titled “Asset Creation Record”. This form is available from Council’s Local Approvals Section.
46) Water service and meter to be connected to each dwelling A water service and water meter must be connected to each residential dwelling in the development using an approved backflow prevention device. It is the applicant’s responsibility to engage a licensed plumber who shall liaise with council during this process.
Any new water service and meter will be at the applicants cost.
47) Sewer and water to be connected A Certificate of Compliance under Section 307 of the Water Management Act 2000 is to be obtained from Byron Shire Council prior to the issue of an Occupation Certificate for works on water and/or sewer mains.
Application forms are available from Council’s administration building or online at http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf to be submitted for a Certificate of Compliance.
48) Remediation of contaminated land (where required) A notice of completion must be provided to Council’s Health and Environment Section within 30 days of completion of the remediation work. The notice of completion must be accompanied by a Validation Report prepared by a suitably qualified person with experience in the remediation of contaminated land. The Validation Report must specify the standard of remediation achieved and certify that the site is suitable for the proposed use. The report must conform to the NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other statutory requirements. Documentary evidence must be provided confirming the method of disposal and destination of all contaminated soil removed from the site.
Reasons for conditions
· To comply with the provisions of the Local Environmental Planning Instrument. · To preserve the environment and existing or likely future amenity of the neighbourhood. · To protect the environment. · To preserve the amenity of the area. · To ensure adequacy of services to the development. · In the interests of public health and safety. · To ensure compliance with Section 68 of the Local Government Act 1993.
Notes
Schedule of Development Contributions The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The current contribution rates are available from Council offices during office hours. Payments will only be accepted by cash or bank cheque. (Spooner/Ibrahim). |
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Procedural Motion
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Resolved that the motion be put. (Woods/Cubis) The motion was put to the vote and declared carried. Crs Dey and Cameron voted against the motion. |
The motion (Spooner/Ibrahim) was put to the vote and declared carried.
Crs Ibrahim, Cubis, Woods, Wanchap, Spooner and Hunter voted in favour of the motion.
Crs Dey, Richardson and Cameron voted against the motion.
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Procedural Motion
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Resolved that Cr Woods be granted a two minute extension to her speech. (Richardson/Cubis) The motion was put to the vote and declared carried. |
The motion (Woods/Wanchap) was put to the vote and declared lost.
Crs Cubis, Woods, Wanchap and Spooner voted in favour of the motion.
Crs Ibrahim, Dey, Richardson, Cameron and Hunter voted against the motion.
FORESHADOWED MOTION
Moved that Council:
a) Consider the planning proposal from Ardill Payne and Partners on behalf of Tyagarah Holdings P/L to rezone approximately 21 hectares of RU2 Rural Landscape (and Deferred Matter) zoned land to R5 Large Lot Residential (Attachment 1 E2016/54224));
b) Not proceed with this planning proposal to amend Byron LEP 2014 (or Byron LEP 1988) for the reasons outlined in this report and notify the applicant of its decision;
c) Request the Minister for Planning to determine that the matter not proceed.
(Dey/Richardson)
The foreshadowed motion was put to the vote and declared lost.
Crs Dey, Richardson, Cameron and Spooner voted for the motion.
Crs Ibrahim, Cubis, Woods, Wanchap and Hunter voted against the motion.
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Procedural MotionS
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Resolved that Cr Spooner be granted a one minute extension to his speech. (Richardson/Dey)
The motion was put to the vote and declared carried. |
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Resolved that Cr Richardson be granted a one minute extension to his speech. (Cameron/Spooner) The motion was put to the vote and declared carried. |
The motion (Spooner/Richardson) was put to the vote and declared carried.
Crs Dey, Richardson, Cameron, Wanchap and Spooner voted for the motion.
Crs Ibrahim, Cubis, Woods and Hunter voted against the motion.
There was no mayoral minute.
NOTICES OF MOTION
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Procedural Motion |
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Resolved that Council adopt the staff recommendations for reports 13.14, 16.1, 16.2 and 16.4 en bloc. (Woods/Richardson) The motion was put to the vote and declared carried. |
Staff Reports - Infrastructure Services
CONFIDENTIAL Reports - Corporate and Community Services
CONFIDENTIAL Reports - Infrastructure Services
The Mayor tabled the following petition:
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Title of Petition |
No. of Signatures |
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1. |
Request for speed zone review on section of Broken Head Road #S2016/7897 “We support the proposal to improve safety and reduce the risk of accidents near Broken Head hall by lowering the speed limit on Broken Head Road to 50 kph along the section of road in front of the hall” |
160 |
There were no submissions or grants.
1. Rous Water Meeting
Cr Dey advised Council:
Rous Water met in June but not in July. More importantly, the 3-way merger took place in June so as of 1 July 2016 the three organisations Rous Water, Far North Coast Weeds and Richmond River County Council are now one. Councillors on Rous Water seem to still be meeting but those on the other two authorities must have now ceased their roles.
2. Meeting with Ministers
Cr Richardson advised Council:
On Tuesday 2 August 2016, the Mayor, General Manager and two Directors travelled to Sydney to meet with three Ministers Minister for Primary Industries Blair Niall, Minister for the Environment Mark Speakman and the Minister for Roads Duncan Gay. Of particular discussion was the relationship with Crown Lands. The Mayor thanked Ben Franklin, Member of Legislative Council, for facilitating the day.
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
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Procedural Motion
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Resolved that the meeting be extended past 6.00pm to 6.15pm. (Richardson/Ibrahim) The motion was put to the vote and declared carried. |
Cr Cubis left the meeting at 6.08pm and did not return.
Reports of Committees - Infrastructure Services
There being no further business the meeting concluded at 6.08pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 25 August 2016.
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