Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 25 August 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       Byron Shire Reserve Trust Committee held on 4 August 2016

6.2       Ordinary Meeting held on 4 August 2016

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion and Rescission

9.1       Councillor Membership Post-Election of Committees...................................................... 5

9.2       Butler Street Toilets........................................................................................................... 8

9.3       Consistent Speed Limits on the Shire's Road Network.................................................. 10

9.4       (16-417) 10.2016.189.1, 116 Stuart Street
Mullumbimby................................................................................................................... 13

10.  Petitions

11.  Submissions and Grants

12.  Delegates' Reports

12.1     Wilsons Creek Public School, Opening Bus Day on 22 June 2016............................... 24

12.2     Far North Coast Bush Fire Management Committee Meeting of 5 July 2016............... 25  

13.  Staff Reports

Corporate and Community Services

13.1     Review of Outstanding Council Resolutions................................................................... 26

13.2     Operational Plan Review 2015/16 as at 30 June 2016................................................... 29

13.3     Draft Land Acquisition and Disposal Policy.................................................................... 31

13.4     Donations to Community Organisations, Other Groups and Persons for 2016/2017 - Section 356 Local Government Act.................................................................................................... 33

13.5     Section 355 Management Committees and Boards - Review of Guidelines and process for establishing new committees ......................................................................................... 40

13.6     Council Budget Review - 1 April 2016 to 30 June 2016................................................. 46

13.7     Investments July 2016.................................................................................................... 56

13.8     Carryovers for Inclusion in the 2016/17 Budget.............................................................. 62

13.9     End of Term Report 2016............................................................................................... 67

13.10   NSW Crown Holiday Parks Trust - Brunswick Heads Holiday Parks Update............... 69

Sustainable Environment and Economy

13.11   Mullumbimby Flying-fox Camp Management Actions................................................... 76

13.12   Review of Enforcement Policy....................................................................................... 82

13.13   PLANNING - 26.2015.7.1 - Planning Proposal for rezoning of  land at 268 Ewingsdale Road Byron Bay (ex Sunnybrand Chicken site)................................................................................. 85

13.14   PLANNING - Submissions Report - 26.2015.3.1 - Planning Proposal for Housekeeping General Policy Amendments to Byron LEP 2014........................................................................ 97

13.15   Enterprising Byron 2025 - Strategy and Action Plan.................................................... 107

13.16   PLANNING - Development Application 10.2015.686.1 - Subdivision to create twenty-four (24) residential allotments, a public reserve, a residual allotment, associated roads and infrastructure - Tuckeroo Avenue, Mullumbimby.................................................................................. 111

13.17   PLANNING - 10.2015.634.1 Change of use of Cheese Factory to Kitchen, Administrative Facilities, Expansion of Restaurant Areas and Car Parking and New Dwelling House at 11 Ewingsdale Road Ewingsdale ................................................................................................................... 133

13.18   Tweed Rail Trail extension to Billinudgel....................................................................... 164

Infrastructure Services

13.19   Small Steps to Healthier Rural Roadsides.................................................................... 167

13.20   Update on Proposed Road and Bridge Names............................................................. 171

13.21   Proposed Part Closure of Public Road adjoining Lot 4 in DP 608723, Lots 5-7 in DP 629234, Lot 52 in DP 867837 & Lot 6 in DP 599812 along Federal Drive Goonengerry.......................... 179   

14.  Reports of Committees

Infrastructure Services

14.1     Report of the Local Traffic Committee Meeting held on 27 July 2016......................... 183   

6.1 ... Traffic - Myocum Downs Rd, Lagoon Drive, Mountain Blue Close - Speed Review - 60km/hr        183

6.2     Event - Burringbar St, Mullum - Mullumbimby's Biggest Little Banquet, 3 September 2016 for 5 years                                                                                                                               183

6.3     Traffic - Lee Ln, Byron - Regulatory Signs - No Stopping Signs................................. 184

6.4     24.2015.19.1 - Marine Parade, Byron Bay - Regulatory Signage - Extension of Pay Parking Scheme                                                                                                                               184

7.1     Event - Stuart St Mullumbimby - Brunswick Valley Historical Society - Mullum Markets - 3rd & 5th Saturday each month............................................................................................... 185

7.2     Byron Bay Bypass - DA 10.2016.77.1 - 70% Drawings for Signage and Linemarking .. 186

 

15Questions With Notice

Nil   

 

 

 

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director prior to the meeting. Any suggested amendments to the recommendations should be provided to Councillor Support 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     Councillor Membership Post-Election of Committees

File No:                                  I2016/679

 

  

 

I move that Council: 

 

1. Offer each Councillor serving on an Advisory Committee, Section 355 Committee or Project Reference Group short-term “community membership” of that committee or PRG, up to the post-election disbandment of the Committee or PRG. 

 

2. Revise the standard template constitution for Advisory Committees and PRGs to incorporate the above provision into the following clauses or similar: 

a)    on membership, by a note that any retiring Councillor is offered community membership until disbandment; 

b)    on quorum, by notes (i) that re-elected Councillors may retain Councillor membership until disbandment and (ii) that the new Mayor can make up Councillor quorum until disbandment; and 

c)    a new clause on duration, that the Committee or PRG may meet after the end of term of that Council until disbandment with community members retaining their status, returning Councillors retaining their status, the new Mayor being able to attend the meeting(s) and retiring Councillors being installed if they wish as community members. 

 

3. Make the offers required in Part 1 above by email in the week after the election and on the basis of the arrangements in Part 2 above, or similar . 

 

 

 

 

Councillor’s Background Notes:

 

Council’s Advisory Committees and Project Reference Groups will ‘survive’ the election on 10 September 2016 to the extent of still being able to meet and deal with their advisory role in their pre-election format.  The first or second meeting of Council will then reformat the Committees and PRGs and appoint Councillors.  Community positions will be advertised and community members are likely to be appointed in November or December 2016. 

 

For current Councillors retiring from office, this creates a gap in the opportunity to contribute to the advisory process because they lose committee membership from the end of their term on Council.  They can then apply to join the new Committee or PRG, along with other community applicants.  The applications are usually determined by Council towards the end of the year. 

 

This motion offers Councillors like myself, who wish to continue their contribution through the transition period, an avenue to do so.  This was a problem for me when I retired in 2004 form Council.  I wish to overcome it for myself, any other current Councillor and any future enthusiast. 

 

In my own case, I wish to continue as a community member after 10 September on the following Committees and PRGs: 


1.   Belongil Catchment Advisory Committee

2.   Belongil Creek Floodplain Risk Management Advisory Committee

3.   Community Infrastructure Advisory Committee

4.   Durrumbul Community Hall Section 355 Management Committee

5.   Koala Plan of Management Project Reference Group

6.   North Byron Coastal Creeks Flood Risk Management Committee

7.   Transport Advisory Committee

8.   Water, Waste and Sewer Advisory Committee

 

The Mullumbimby Masterplan Scoping Project Reference Group has already ceased operation. 

 

Recommended priority relative to other Delivery Plan tasks:

 

This is a minor procedural matter requiring little priority but also little time to execute.  The election in September creates the time frame – these appointments should occur in the week following it. 

 

Definition of the project/task:

 

Appoint as community members to Council’s Advisory Committees and Project Reference Groups those ex-Councillors who wish to continue on Committees and / or PRGs where they held membership as a Councillor in the 2012-16 term of Council.  That membership then expires at the same time as for other community members of the Committee or PRG. 

 

Source of Funds (if applicable):

 

No funding is required. 

 

Signed:   Cr Duncan Dey

 

Management Comments by Mark Arnold, Director Corporate and Community Services:

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

 

Clarification of project/task:

 

The next Council at its first meeting on 29 September 2016 will consider three (3) reports regarding firstly the establishment of the Advisory Committees, Project Reference Groups and Section 355 Committees, and then secondly the determination of the Councillor Representatives on these Committees. Council will also following the election seek nominations for Community representatives on the Advisory Committees, Project Reference Groups and Section 355 Committees established by the new Council. The Community Representatives will be appointed by the new Council.

 

The Notice of Motion lodged by Cr Dey proposes that the current Council appoint from 10 September to the date of the appointment of the new community representatives the Advisory Committees, Project Reference Groups and Section 355 Committees, any Councillor that nominates themselves, as a Community Representative.

 

This would be a new practice and create a precedent for future Councils.

 

The Notice of Motion is also proposed on the basis that the current structure for Advisory Committees, Project Reference Groups and Section 355 Committees will be confirmed by the new Council, and that these Advisory Committees, Project Reference Groups and Section 355 Committees will meet in the period between the election, and the appointment of the new Community Representatives. This may or may not be the case.

 

The Guidelines for Section 355 Management Committees adopted by Council states:

 

The term of office for Section 355 Management Committees and the Boards of Management is the

same term as the current Council, with the addition of an extra three months after the General

15 Election of Councillors ie all Section 355 Management Committee members will cease to hold

office at the end of December 2016.”

 

Staff understand the desire of Cr Dey to continue to be a part of these Committees following the election, and the community benefit that it may bring, and that the Notice of Motion is proposed to enable any Councillor to continue to serve and contribute to the community, but the precedent that it would set would impact on future Councils.

 

The appointment of Community Representatives is a matter for Council and would require the terms of reference for each the effected Advisory Committees and Project Reference Groups to be amended to incorporate the additional number of Community Representatives.

 

Director responsible for task implementation:

 

Director Corporate and Community Services

 

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

 

There would be a minimal impact on other projects/tasks.

 

Financial and Resource Implications:

 

There would be no financial impacts should Council adopt the Notice of Motion proposed by Cr Dey. There would no fees or allowances payable to a Councillor appointed as a community representative from 10 September to the appointment of community representatives by Council to the Advisory Committees, Project Reference Groups and Section 355 Committees established by the Council for the next term of Council.

 

Legal and Policy Implications:

 

This would create a precedent for future Councils.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Butler Street Toilets

File No:                                  I2016/880

 

  

 

I move that Council take immediate action to upgrade and or improve the amenities block on the Butler Street Reserve.

 

Attachments:

 

1        NOM Butler Street Toilets Photos, E2016/74735  

 

 

Councillor’s Background Notes:

 

The condition of the amenities block on the Butler Street Reserve is a disgrace and an embarrassment to Council.

 

There is very poor lighting, which presents a danger to the public, and there is rubbish continually left inside and around the building.

 

The overall appearance is very poor.

 

The Market stall holders are disgusted with the appalling state of the building and as the Markets draw many tourists to the site, it is imperative that Council take action to make the building safe and clean.

 

Recommended priority relative to other Delivery Plan tasks:

 

 

Definition of the project/task:

 

The toilet block is to be maintained to acceptable standards that reflect favourably on Byron Shire. The toilets are operated and cleaned by the Byron Community Market Managers who keep the block locked outside market hours and advise Council of any major maintenance issues required. Council has upgraded the electrical installation to meet safety requirements and recently replaced a broken pan. Agreement has recently been reached for the Managers to paint the toilet block.

 

Source of Funds (if applicable):

 

Potential to use Crown Reserves Funds

 

Signed:   Cr Dianne Woods

 

Management Comments by Peter Rees, Manager Utilities:

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

 

Clarification of project/task:

 

Continued liaison with the Byron Community Market Managers and Council is required to ensure the toilet block is operated and maintained to an acceptable standard.

 

Any major upgrade and/or improvement will require a funding allocation to engage suitable consultants to develop plans and specification for works.

 

Director responsible for task implementation:

 

Director Infrastructure Services

 

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

 

Part of toilet maintenance regime and the lease obligations of the Byron Community Market Managers.

 

Financial and Resource Implications:

 

Nil

 

Legal and Policy Implications:

 

Nil.


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Consistent Speed Limits on the Shire's Road Network

File No:                                  I2016/881

 

  

 

I move that Council change Procedures in relation to individual requests for speed limits, by no longer requesting RMS for spot “speed reviews” that lead to localised changes to limits on sectors of our Shire’s road network and by instead seeking or carrying out speed reviews to deal with speed limits on the network as a system and to achieve consistency across the Shire, including at its boundaries with neighbouring Shires. 

 

 

 

 

Councillor’s Background Notes:

 

Currently, road users can traverse rural parts of the Shire’s road network with relatively low speed limits (eg, 60kmh as proposed elsewhere in today’s Agenda for three roads in Myocum) and then move into areas where the much higher state default of 100kmh applies.  Road conditions in the two areas may be similar.  The difference is only that one has had its speed limits reviewed while the other hasn’t. 

 

Through such inconsistencies, the current speed review system may be replacing one risk (speed) with another (inconsistent speed signage).  In addition, it is only compliant drivers that even read speed signs.  The worst offenders are probably not aware what limits apply. 

 

The Local Traffic Committee (LTC) meeting of 27 July 2016 is reported (I hope) in today’s Agenda.  It includes an RMS Speed Review (LTC Report 6.1) for Myocum Downs Road, Lagoon Drive and Mountain Blue Close).  The speed limit on these roads is currently and has always been the state default of 100kmh. 

 

A complaint in 2015 by a resident of Myocum Downs Drive about vehicle speed on that road was brought to the Local Traffic Committee (LTC) meeting on 26 August 2015.  Council’s meeting of 17 September supported the LTC recommendation and Council resolved (15-443): 

that Council request the RMS, as the sole NSW authority for authorising speed zone changes, undertake such review of Myocum Downs Drive, Myocum if they believe it warranted and, if such review proceeds, provide results back in due course. 

 

When RMS Review results were brought back to LTC, the speed review had expanded from one road to other nearby roads and the Review recommended 60kmh for all three roads reviewed.  There had been no consultation with the local community. 

 

At the recent LTC meeting (July 2016) it was made apparent that the Review’s recommendations are not negotiable.  A Council choosing not to apply the result of such a Review would take on responsibility for any future accident where speed was deemed a factor.  The issue for me is that RMS is under no obligation to consider social factors around speed limits, or consistency across the network (Shire or regional). 

 

I do not condone speeding (and none of us would) but the inconvenience of taking longer to travel a section of road has to be balanced against risks to vehicle occupants and to other road users (pedestrians, cyclists, wildlife, etc).  In the extreme, if all vehicles travelled at 10kmh on all roads then speed-related accident numbers would plummet.  However, society has to balance safety and convenience.  In an extreme of say 30kmh, some drivers would choose to recommit the time to texting – creating an even greater danger. 

 

For the residents of Myocum, the only option if they do not agree with their new speed limit is to challenge the methodology of the RMS Speed Review.  It was not provided to LTC in July. 

 

I request Council staff to provide the Speed Review as an Attachment to this NoM. 

 

Recommended priority relative to other Delivery Plan tasks:

 

This is a procedural matter that can be executed immediately. 

 

The Motion aligns with the following Key Activities of Council’s Delivery Program 2013-2017: 

CM 1.1.2: Review and implement internal systems and procedures. 

CM 2.2.2: Promote compliance through advice and information. 

CM 4.1.1: Ensure compliance priorities align with current health and safety issues. 

CI 2.3.1: Provide road and transport infrastructure within the Shire. 

 

Definition of the project/task:

 

Cease spot Speed Reviews and approach the issue of road Speed Review systemically. 

 

Source of Funds (if applicable):

 

No funding is required for this change of procedure.  If Council were to take over the role of carrying out Speed Reviews, that would require funding in a future budget or, if sooner, via a Quarterly Budget Review. 

 

Signed:   Cr Duncan Dey

 

Management Comments by Tony Nash, Manager Works:

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

 

Clarification of project/task:

 

To stop undertaking spot speed limits reviews and instead undertake a systematic review of all the speed limits on the entire road network.

 

The Roads & Maritime Services (RMS) are the sole agency responsible for setting speed limits on NSW roads.  Discussions will need to be held with key management and traffic operational staff from RMS and Council to further clarify the task, the various delivery models for the systematic review, the resources and budgets required from both organisations, the review of legislative requirements and the agency processes.

 

Director responsible for task implementation:

 

Director Infrastructure Services

 

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

 

Currently this is not included as a project for staff.  The impacts on other Council projects and tasks will need to be considered after the discussions with RMS about the options of how this project can be delivered.

 

Financial and Resource Implications:

 

This is unknown at this time but will be developed after the discussions with RMS.

 

Legal and Policy Implications:

 

RMS are the sole agency responsible for setting speed limits on NSW roads and the process normally used in a review of speed limits on a road are:

1.   Joint site inspection with RMS & Council staff including:

a.   Drive the roads in both directions whilst videoing the journey.

b.   Document the number & location of private driveways

c.   Record the road width

d.   Record the road geometry noting the speed around and over curves

2.   Assessment and consideration of site information by RMS

3.   Report with recommendations prepared by RMS and sent to Council.

4.   Report with recommendations considered by Council Local Traffic Committee.

5.   If a speed change proposed by RMS in their report, then a letter and a Speed Zone Authorisation sent to Council.

6.   Council to estimate costs for installation of speed zone and apply for financial assistance.

7.   Once financial assistance approved, then Council implement in accordance with RMS requirements including advance notification and documentation of works.  


BYRON SHIRE COUNCIL

Notices of Motion and Rescission                                                                                   9.4

 

 

Notice of Rescission Motion No. 9.4         (16-417) 10.2016.189.1, 116 Stuart Street
Mullumbimby

File No:                                                          I2016/882

 

  

 

We move that Council rescind Resolution No. 16-417 from its Ordinary meeting held on 4 August 2016 which reads as follows:

 

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:

 

Plan No.

Description

Prepared by

Dated:

DA - 18

Demolition Plan

Koho Projects Pty Ltd

1 April 2016

 

Site Waste Minimisation and Management Plan

Duncan Band

12.10.15

And

The approved plans under deferred commencement consent Condition No.1.

 

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:

 

Driveways -  McCoughans Lane

 

Construct 2 new driveways from the edge of pavement seal through to the property boundary; inclusive of piped culverts with precast concrete headwalls. The driveways are to be generally in accordance with Council’s standard “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

Road pavement and drainage – McCoughans Lane

A minimum 3m wide bitumen sealed pavement for the full width of the subject site and either North to join the existing sealed section adjoining the car park at the rear of No. 108 Stuart Street or South to the existing bitumen sealed section at the rear of 93 Station Street. The table drains are to be cleared out, re-profiled and stabilised.

Stuart Street

 

Remove the existing vehicle bridge over the table drain. Replace any damaged sections of the concrete table drain in front of the property to improve drainage along Stuart Street.

Adjustment of Services

 

The road works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities and to ensure that the services are constructed flush with the finished surface levels.

 

20)     Traffic Management Plan

Consent from Council must be obtained for a Traffic Management Plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during 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

 

28)     Traffic Management Plan

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.

 

44)     Maintenance Bond

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.

 

45)     Record of Infrastructure

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).

 

 

If successful we intend to move:

1.       That Council consider DA 10.2016.189.1 for multi dwelling units (10 single bedroom units) and demolition of existing structures, after further consultation with the applicant on amendments to the proposal such that: 

a)      the development is made more compatible with the character of the local area (Clause 16A of the SEPP), and 

b)      building design is made more compatible with the heritage conservation zone, particularly regarding bulk, scale and form. 

2.    That Council receive a report on this consultation and any amendments proposed to the Application.   

 

 

 

 

Signed:   Cr Duncan Dey

Cr Basil Cameron

Cr Rose Wanchap    


BYRON SHIRE COUNCIL

Delegates' Reports                                                                                                               12.1

 

 

Delegates' Reports

 

Delegate's Report No. 12.1      Wilsons Creek Public School, Opening Bus Day on 22 June 2016

File No:                                       I2016/894

 

  

 

Road safety for children and staff entering and leaving the school has been an issue for years.  Following pressure from the School and Council on state agencies, a design was approved and funded to create a new bus bay.  The configuration is complicated by topography and the road layout.  Despite not being perfect, the new bay has overcome many safety issues here. 

The bus bay is greatly celebrated and was subject of an Opening Ceremony at the school.  Council’s construction Team #1 was present to receive praise and awards.  I received a similar award (a plaque made by the students) recognizing Council’s contribution in lobbying for, designing and arranging construction of the bus bay. 

I hope there’s a place to keep the plaque, maybe on the wall in the Councillors Room. 

 

Signed:      Cr Duncan Dey

 

 

 

 

 


BYRON SHIRE COUNCIL

Delegates' Reports                                                                                                               12.2

 

 

Delegate's Report No. 12.2      Far North Coast Bush Fire Management Committee Meeting of 5 July 2016

File No:                                       I2016/895

 

  

 

The Committee received a report by email on the Community Engagement Day held (in June, I think) in the Lilli Pilli area of Byron Bay.  There are issues of fire safety due to (i) proximity of vegetation to dwellings and (ii) poor access for fire vehicles and lack of egress for residents. 

Those attending are aware that defending their properties will be problematic.  Strategies included real estate agents being distributed flyers to hand out to tenants on fire safety and setting up a phone-tree.  Many residents wish to prepare a Bushfire Safety Plan for their household. 

NCC facilitated the workshop as the area has High Conservation Value vegetation and hosts koala and the Mitchell Rainforest snail.  NCC policy is to prepare people for bushfire.  There were various on fire behaviour, fire risk and environmental values. 

I undertook to report the issue to Council, as I’m doing today.  I also attach an earlier email (Greg Lewis, 24 May 2016) highlighting various fire risk issues in Byron Bay. 

Council’s staff member on the Committee (Andy Erksine) undertook to investigate potential access routes.  This could be as simple as recognizing the egress routes in particular, similar to in Uki. 

I hope this happens and that fire risks can be minimized through better planning.

 

Signed:      Cr Duncan Dey

 

 

Attachments:

 

1        FRNSW concerns re Byron Bay, E2016/76369  

 

  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Review of Outstanding Council Resolutions

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

File No:                        I2016/747

Theme:                         Corporate Management

                                      General Manager’s Office

 

 

Summary:

 

This report provides an update on the status of Council resolutions outstanding and proposed actions, and on resolutions completed, for consideration by Council.

 

At its Ordinary Meeting on 28 August 2014 Council resolved (14-417) that staff conduct a review of outstanding resolutions to determine which ones currently fit within other resolutions, which ones cannot be resourced and which Council resolutions able to be closed.  This report outlines resolutions according to this criteria.

 

  

 

RECOMMENDATION:

1.       That Council receive and note the information provided in this report on outstanding Council resolutions in Attachment 1 (#E2016/54837).

 

2.       That Council note the completed resolutions in Attachment 2 (#E2016/54853).

 

3.       That Council resolve that no further action be taken in respect of Council resolution 15-103 and that the resolution be closed.

 

Attachments:

 

1        Council Resolutions outstanding as at 30 June 2016, E2016/54837  

2        Council Resolutions completed between 1 April and 30 June 2016, E2016/54853  

 

 


 

Report

 

This report provides a quarterly update on the status of Council resolutions to 30 June 2016.

Council resolutions relate across all Activities in Council’s Operational Plan with responsible officers within Council providing input into this status report.

The Council resolutions activity during the quarter is provided below:

 

·     104  Resolutions completed during period 1 April to 30 June 2016

·     110  Outstanding resolutions as at 30 June 2016

 

The outstanding Council resolutions per Council terms are provided below:

 

105  Outstanding Council resolutions current Council (2012-2016)

·         5  Outstanding Council resolution from previous Council (2008-2012)

·     110  Outstanding resolutions as at 30 June 2016

 

An update on the status of outstanding resolutions is provided at Attachment 1 which comprises:

 

·    previous Council Oct 2008-2012 (page 3 to 6 of Attachment 1)

·    current Council Sept 2012-2016 (pages 1 to 2 and 7 to 63 of Attachment 1)

 

Details of completed resolutions for the period are provided at Attachment 2.  Councillors should note that since the 30 June 2016, 17 resolutions have been updated and/or closed by the Sustainable Environment and Economy directorate.

 

Council at its Ordinary meeting held on 28 August 2014 resolved (14-417) as follows:

 

3.    That staff conduct a review of outstanding resolutions to determine:

 

a)    Which ones currently fit within other resolutions

b)    Which ones cannot be resourced

c)    Report to Council resolutions able to be closed.

 

Each Quarterly Report to Council on completed and outstanding Resolutions will include a section which will allow staff to report any other Resolutions identified during the review of outstanding Resolutions that meet the criteria determined by Council in Resolution 14-417.

 

Staff have not recommended the closure of any Council resolutions that are no longer relevant or that have been superseded either by other resolutions, legislative change or other matters.

 

Table 1 though provides a summary of Council resolutions that cannot be implemented due to resources not being available, allocated, or allocated to other adopted projects, services, activities or works.  Any resulting decisions of Council will be incorporated into the next quarterly review of resolutions.


 

Table 1: Council resolutions that are not resourced

 

Meeting Date

Resolution No.

Report Title

Staff Comments and Recommendation

20/03/15

15-103(2)

Opposition to Base Station Microwave Transceivers

Whilst Part 1 of the resolution to amend Council Policy No. 11/001 – “Telecommunication Facilities on Council Owned Land” has been completed, Part 2 of the resolution proposes that Council receive a report on amending the DCP in relation to the location of telecommunication facilitates with 500m of schools and preschools.

This resolution has not been resourced however this issue can be reviewed in the future housekeeping amendment of the DCP where appropriate.

 

Staff Recommendation: Close resolution 15-103.

 

 

Financial Implications

 

Resolution 15-103 (above) notes that resource constraints limit completion of action required.  Council may consider the priority of the resolution and whether further action is still required.

 

Statutory and Policy Compliance Implications

 

·     Council requires a quarterly report be prepared to allow it to consider the quarterly Operational Plan and Budget reviews along with a review of Council resolutions.

·     Implementation of Council resolutions in accordance with the Local Government Act 1993.

·     This report has been prepared in accordance with Part 3c) of Resolution 14-417.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Report No. 13.2           Operational Plan Review 2015/16 as at 30 June 2016

Directorate:                 Corporate and Community Services

Report Author:           Mila Jones, Corporate Governance Coordinator

File No:                        I2016/766

Theme:                         Corporate Management

                                      General Manager’s Office

 

 

Summary:

 

This report summarises the performance of the organisation against the adopted indicators in the Operational Plan 2015/16 for the period 1 July 2015 to 30 June 2016.  The majority of key performance indicators were either met or substantially met during the reporting period.

 

  

 

RECOMMENDATION:

That Council receive and note the report and associated attachment (E2016/39858) on the 2015/16 Operational Plan Review for the period 1 July 2015 to 30 June 2016.

 

Attachments:

 

1        12 month Progress Report Operational Plan 2015-2016 at year ending 30 June 2016, E2016/39858  

 

 


 

Report

 

The purpose of this report is to advise Council of the performance of the organisation against the specific measures and indicators for identified priorities in the Operational Plan for the period 1 July 2015 to 30 June 2016.

 

This is the 12 month report on the 2015/2016 Operational Plan and the review report is provided for the public record.

 

The 2015/2016 Operational Plan is a component of the 2013-2017 Delivery Program adopted by Council on 27 June 2013. The Council Actions detailed in Attachment 1 represent adopted actions derived from the Delivery Program, required to achieve the strategies established in the Community Strategic Plan.

 

The majority of key performance indicators were either met or substantially met during the reporting period.

 

Details of progress are provided in Attachment 1.

 

Financial Implications

 

The Council’s financial performance for the period ending 30 June 2016 is addressed separately in the Quarterly Budget Review report to this meeting.

 

Statutory and Policy Compliance Implications

 

The General Manager is required under Section 404 (5) of the Local Government Act 1993 to provide regular progress reports as to the Council’s progress with respect to the principal activities detailed in the Delivery Program.  Progress reports must be provided at least every 6 months.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Draft Land Acquisition and Disposal Policy

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

File No:                        I2016/711

Theme:                         Community Infrastructure

                                      Asset Management

 

 

Summary:

 

Council at its Ordinary meeting held on 16 July 2015, considered and adopted for public exhibition, draft Policy 15/006 – Disposal of Assets. No submissions were received and the draft Policy was adopted in accordance with Resolution 15-307 on 4 September 2016.

 

Policy 15/006 – Disposal of Assets covered all physical assets owned by Council except for land and buildings.

 

This report has been prepared to submit the Draft Policy – Land Acquisition and Disposal, which includes both land and buildings owned by Council, to Council for its consideration.

 

The draft Policy – Land Acquisition and Disposal falls within the key strategies detailed

by Council in the Financial Sustainability Plans (“FSP”) adopted by Council, and will guide the future actions in the Chapter on Land Review and Property Development.

 

  

 

RECOMMENDATION:

1.    That Council adopt the draft Policy – Land Acquisition and Disposal for public exhibition and that the draft Policy be placed on public exhibition for a minimum period of 28 days.

 

2.    That in the event:

 

a)    no submissions are received on the draft Policy – Land Acquisition and Disposal, that it be adopted and incorporated into Council’s Policy Register.

 

       Or

 

b)    that any submissions received on the draft Policy – Land Acquisition and Disposal be reported back to Council for consideration prior to its adoption.

 

Attachments:

 

1        Draft Policy - Land Acquisition and Disposal, E2016/29999  

 

 


 

Report

 

Council at its Ordinary meeting held on 16 July 2015, considered and adopted for public exhibition, draft Policy 15/006 – Disposal of Assets. No submissions were received and the draft Policy was adopted in accordance with Resolution 15-307 on 4 September 2016.

 

Policy 15/006 – Disposal of Assets covered all physical assets owned by Council except for land and buildings.

 

This report has been prepared to submit the Draft Policy – Land Acquisition and Disposal, which includes both land and buildings owned by Council, to Council for its consideration.

 

Council has duties and obligations under a range of legislation that concerns land acquisition and disposal.  This policy has been developed in order to provide the framework for a transparent process that adheres to the relevant legislation.

 

Its main objectives are to:

 

1.    Ensure that Byron Shire Council has open and accountable processes to consider the acquisition and disposal of land assets.

 

2.    Establish the criteria under which Council will consider the acquisition and sale of land and easements.

 

The draft policy applies to all acquisition and disposal of Council lands, easements, and includes interests in land.

 

All dealings in Council land can only be achieved through a resolution of Council.

 

The draft Policy – Land Acquisition and Disposal falls within the key strategies detailed

by Council in the Financial Sustainability Plans (“FSP”) adopted by Council, and will guide the future actions in the Chapter on Land Review and Property Development.

 

Financial Implications

 

There are no financial implications arising from adoption of the Policy.

 

Statutory and Policy Compliance Implications

 

The related legislation, policies and plans are detailed in the administrative section of the Policy

and in this Report.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           Donations to Community Organisations, Other Groups and Persons for 2016/2017 - Section 356 Local Government Act

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2016/782

Theme:                         Society and Culture

                                      Community Development

 

 

 Summary:

 

In accordance with Council’s Policy 3.13, advertisements for Section 356 donations were placed in Council’s block advertising during June/July 2016.  There are 44 recognised requests for donations (6 requests considered under Policy 14/002 Assistance for Festivals and Community Functions). This report outlines the process and recommended allocations for donations with a recommendation to advertise the final allocations made by Council for the required public exhibition period.

 

  

 

RECOMMENDATION:

1.      a)      That as stated in the 2016/17 Budget the amount of $7,000 be distributed under Policy 14/002 Assistance for Festivals and Community Functions as follows:

 

          i)      Mullum Music Festival 2016                                                          $   600

          ii)     Byron Bay Cycle Club Inc                                                             $   385

          iii)    Brunswick Valley Woodchop                                                        $   360

          iv)    Mullum2Bruns Paddle 2016                                                          $   600

                  Totals                                                                                               $1,945

 

b)      The applicants be advised they will be responsible for payment of any costs associated to the road closure exceeding the amount donated.

 

c)      The remaining $5,055 and any moneys not expended from the above donations, be advertised as ‘Round 2’ under Policy 14/002 early in 2017.

 

2.       That funds available for Section 356 donations under Policy 12/011 Donations to Community Groups – reimbursement of Council application fees of $2,000 be advertised again at the same time as Round 2 of remaining funds under Policy 14/002 as described in 1c above.

 

3.       That as stated in the 2016/17 Budget the amount of $36,000 be distributed under Policy 3.13 Donations to Community Organisations, Other Groups and Persons as follows:

 

Applicant

Requested Amount $

Recommended Amount $

Arts/Music

 

 

Byron Youth Theatre

5,000

3,250

TOTAL Arts/Music

5,000

3,250

 

 

 

Childcare/Youth Services

 

 

Mullumbimby Community Preschool Association Inc

500

500

Rainbow Club Byron Bay

1,500

975

TOTAL Childcare/Youth Services

2,000

1,475

 

 

 

Animal Welfare Services

 

 

Animal Welfare League

400

400

TOTAL Animal Welfare Services

400

400

 

 

 

Community Buildings/Facilities

 

 

Byron Youth Service

1,878

1,061.45

TOTAL Community Buildings/Facilities

1,878

1,061.45

 

 

 

Educational/Training

 

 

Maim Arm Upper Primary School P&C Assoc

5,000

3,250

Federal Community Children’s Centre

500

500

STEER Project

8,000

5,200

TOTAL Educational/Training

13,500

8,950

 

 

 

Environment

 

 

Mullumbimby SEED Inc

5,000

3,250

Bangalow Land and Rivercare Inc

1,426

926.90

Ocean Shores & District Garden Club Inc

100

100

Seaside Scavenge

1,170

760.50

TOTAL Environment

7,696

5,037.40

 

 

 

Events

 

 

Carols by the Sea

800

800

Australia Indonesian Arts Alliance

5,000

3,250

Byron Community Centre

2,500

1,625

TOTAL Events

8,300

5,675

 

 

 

Homelessness

 

 

Liberation Larder Inc.

7,500

4,875

S.H.I.F.T. Project Byron Inc

3,000

1,950

TOTAL Homelessness

10,500

6,825

 

 

 

Miscellaneous

 

 

Waterlily Community Playscape Inc

1,004.30

1,000

TOTAL Miscellaneous

1,004.30

1,000

 

 

 

Recreation/Sport

 

 

Byron Bay Cycle Club Inc

600

600

TOTAL Recreation/Sport

600

600

 

 

 

TOTAL DISTRIBUTION

50,878.30

34,273.85

 

4.       That all applicants be made aware of Council’s Resolution with regard to their application for a donation.

 

5.       That Council advertise the Section 356 Donations proposed to be made.

 

6.       That the remaining moneys (being $1,726.15) not expended from the Section 356 donations budget be held in reserve for Council’s consideration on any possible donations for unanticipated projects with valuable community benefit that may occur throughout the financial year.

 

7.       That any further requests for donations under Policy 3.13 Donations to Community Organisations, Other Groups and Persons be advised that no further funding is available and they be made aware of Council’s process for the following financial year’s applications.

 

Attachments:

 

1        Applications for Section 356 donations - annexure to report for Council meeting 25 August 2016, E2016/66246  

 

 


 

Report

 

References:

 

The following Policies referred to in this report are available to be viewed on Council’s Web Page at http://www.byron.nsw.gov.au/policies

§ Policy 3.13 Donations to Community Organisations, Other Groups and Persons

§ Policy 14/002 Assistance for Festivals and Community Functions

§ Policy 12/011 Donations to Community Groups – reimbursement of Council application fees

 

In accordance with Council’s Policy 3.13, advertisements for Section 356 donations were placed in Council’s block advertising during June/July 2016.  There are 44 recognised requests for donations (6 requests considered under Policy 14/002 Assistance for Festivals and Community Functions).

 

Council’s adopted 2016/17 Budget has the following unallocated amounts which can be made under Section 356 of the LG Act 1993.

 

$36,000           General S356 Donations

                        In accordance with Policy 3.13 Donations to Community Organisations, Other Groups and Persons

 

$7,000             Assistance for festivals and community events

                        In accordance with Policy 14/002Assistance for Festivals and Community Functions – donations itemised in this report.

$2,000             Reimbursement of Council application fees

                        In accordance with Policy 12/011 Donations to Community Groups – reimbursement of Council application fees

 

Please note in accordance with the adopted budget the following Section 356 Donations have been allocated:

·    $1,000       (2341.23) NAIDOC Week

·    $5,000       (2341.3) Northern Region SLSA Helicopter Rescue Service

·    $5,000       (2341.7) Brunswick Valley and District Volunteer Rescue Organisation

·    $5,000       (2341.178) Brunswick Volunteer Marine Rescue

·    $3,800       (2341.29) North Coast Academy of Sport

·    $3,100       (2341.232) Tweed/ Byron Life Education Action Group

 

2016/17 Applications for Donation

 

The Section 356 Donations allocation process was streamlined for 2016/17 with the advertisement of donations available under the three policies called for at one time, with a single application form for all three types of application.

 

The information requested by the applicant was as follows:

 

·    Name of community Organisation of Individual

·    Are you a registered charity?

·    Provide information on the structure of your Group/Organisation

·    Contact Details

·    Donation Amount Request

·    Purpose of Donation

·    Which category most suits your project eg Arts/Music, Environment, etc

·    Have you made application for financial assistance from other bodies for this project

·    If only part of the donation requested is granted, will the proposed project be able to proceed

·    The impact the project will have on the community or groups/persons

·    Number of proposed beneficiaries from the project or services

·    The community of interest that will benefit from the project (geographical)

·    Any other information to support the application

·    Details of donations given to your Organisation by Council and/or other bodies over the last three years

 

Provided at Attachment 1 is a summary listing of all requests for donations including any request considered under Policy 14/002 Assistance for Festivals and Community Functions. In the listing, staff have made a comment on the request and a recommended donation amount to be made.

 

There are 44 recognised requests for donations (6 requests considered under Policy 14/002 Assistance for Festivals and Community Functions). Note that there were no applications made for funds available under Policy 12/011 Donations to Community Groups – reimbursement of Council application fees. A large number of applicants did not provide proof of not-for-profit or organisation status (as requested on the application form). Council contacted them and provided an opportunity to do so. One organisation contacted did not respond within the timeframe provided and therefore was not eligible under policy guidelines.

 

In arriving at the recommended amounts to distribute, staff have allocated amounts equitably on the basis of the amount requested and the benefit to the community. Staff have also considered prior decisions of Council. Any amounts requested of $1,000 or under are recommended to be paid in full. Given the oversubscription of applications to available funds, remaining applicants that requested over $1,000 will each receive 65% of the amount requested to align with the available funds.

 

Applications were considered by category and geographic spread, as shown in the tables below.

 

Category

No. of Requests

Amount requested

Amount Allocated

S356

Category by allocation

Arts/Music

6

$45,648

$3,250

1

Childcare/Youth Services

4

$5,800

$1,475

2

Aged Care/Senior Services

0

0

 

0

Animal Welfare Services

1

$400

$400

1

Community Buildings/Facilities

2

$11,878

$1,061.45

1

Disability Services

0

 

 

0

Educational/Training

4

$14,500

$8,950

3

Environment

6

$11,549.90

$5,037.40

4

Events

5

$16,300

$5,675

3

Health Services

0

0

 

0

Homelessness

2

$10,500

$6,825

2

Indigenous

0

 

 

0

Miscellaneous

3

$2,944.30

$1,000

1

Recreation/Sport

5

$44,732

$600

1

TOTALS ($36,000 available)

38

$164,252.20

$34,273.85

19

Policy 5.2 Waiving of Fees for Building and Development Applications ($2,000 available)

0

0

0

0

*Policy 4.15 Assistance for Festivals and Community Events ($7,000 available)

6

$10,345

$1,945

4

TOTAL

44

 

  $36,218.85

 

 

The following information shows the applications recommended per geographical area.

 

Community of interest who have benefit

No. of Requests

 

No. allocated geographically

Amount Allocated

S356

Bangalow

2

1

$926.90

Byron Bay

6

3

$3,446.95

Mullumbimby

5

3

$4,150

Ocean Shores/ New Brighton

1

1

$1,000

Rural Area/ village

3

2

$3,750

Whole of Shire

20

9

$21,000

 

 

Financial Implications

 

The Section 356 donations budget was adopted on 29 June 2016.

 

Statutory and Policy Compliance Implications

 

Section 356 of the Local Government Act states:-

 

356    Can a council financially assist others?

(1)      A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

(2)      A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this section until at least 28 days’ public notice of the council’s proposal to pass the necessary resolution has been given.

(3)      However, public notice is not required if:

(a)      the financial assistance is part of a specific program, and

(b)      the program’s details have been included in the council’s draft management plan for the year in which the financial assistance is proposed to be given, and

(c)      the program’s proposed budget for that year does not exceed 5 per cent of the council’s proposed income from the ordinary rates levied for that year, and

(d)      the program applies uniformly to all persons within the council’s area or to a significant group of persons within the area.

(4)      Public notice is also not required if the financial assistance is part of a program of graffiti removal work.

 

377    General power of the council to delegate

          (1)      A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:

(q)      a decision under section 356 to contribute money or otherwise grant financial assistance to persons


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Section 355 Management Committees and Boards - Review of Guidelines and process for establishing new committees

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2016/794

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

This report has been prepared to inform Council of the review undertaken of the S355 Committee Structure, Guidelines and other related documents.

 

The report provides the details of the structure of Section 355 Committees and Boards awaiting appointment of new Councillor representatives following the Local Government Election on 10 September 2016.

 

As indicated above the Guidelines for Section 355 Management Committees and Boards have been reviewed, along with the Section 377 Delegation of Authority, the Terms of Reference for Section 355 Committees and Boards and the nomination form. These are presented to Council for adoption.

  

 

RECOMMENDATION:

1.       That the following Section 355 Committees and Boards of Management remain active until appointment of new membership.

 

·     Bangalow Parks (Bangalow Showground) S355 Committee

·     Brunswick Heads Memorial Hall S355 Committee

·     Brunswick Valley Community Centre S355 Committee

·     Byron Bay Library Exhibition Space (managing the Lone Goat Gallery) Section 355 Committee

·     Cook Pioneer Centre Mullumbimby S355 Committee

·     Durrumbul Community Hall S355 Committee

·     Heritage house Bangalow and Tennis Court S355 Committee

·     Ocean Shores Community Centre S355 Committee

·     South Golden Beach Community Centre S355 Committee

·     Suffolk Park Community Hall S355 Committee

 

a)      That all community representatives be advised:

 

i)     that the term of office for these committees will continue for a further 3 months after the Local Government Election (ie. to 31 December 2016);

ii)    that they be officially thanked for their contribution on this committee and their management of the facility;

 

iii)   that advertising will take place for community representation on these Section 355 Committees and they be invited to reapply.

 

b)      That a new S355 Committee be established for the Byron Bay Senior Citizen’s Hall in accordance with Resolution 16-192.

 

2.       That the following Boards of Management remain active until the appointment of new membership for the following facilities.

 

·     Bangalow A&I Hall Board of Management

·     Mullumbimby Civic Memorial Hall Board of Management

 

a)      That the Community Representatives be advised:

i)     that the term of office for these committees will continue for a further 3 months after the Local Government Election (ie. to 31 December 2016);

ii)    that they be officially thanked for their contribution on this committee and their management of the facility;

 

iii)   that advertising will take place for community representation on these Section 355 Boards of Management and they be invited to reapply.

 

b)      That the Byron Bay Library Exhibition Space (managing the Lone Goat Gallery) Section 355 Management Committee become a Board of Management with the new name being: Lone Goat Gallery Section 355 Board of Management effective from 1 January 2017.

 

3.       That Council accept the resignations from Prue Regan and Turiya Bruce on the Byron Bay Library Exhibition Space (Lone Goat Gallery) Section 355 Management Committee and officially thank them for their contribution on this committee.

 

4.       That Council accept the resignations from Jacqueline Walsh and Kathy Norley on the South Golden Beach Community Hall Section 355 Management Committee and officially thank them for their contribution on this committee, and that Zerina Millard be appointed to the committee for a short-term period to the end of the existing committee’s term.

 

5.       That the new Council receive a report appointing Councillor representatives on the Section 355 Committees / Boards of Management stated in 1 and 2 above.

 

6.       That the attached draft reviewed Guidelines for Section 355 Management Committees and Boards be adopted.

 

7.       That the reviewed Section 377 Delegation of Authority, including the increased financial delegation to $5,000 per committee, be adopted.

 

8.       That the revised Section 355 Management Committee and Board Terms of Reference be adopted.

 

9.       That advertising and recruitment (Call for Nominations) for the new Section 355 Management Committees and Boards be commenced following the Council elections on 10 September, using the revised Committee/ Board Nomination form.

 

Attachments:

 

1        Section 355 Management Committee Guidelines - review document, E2016/53594  

2        Section 355 Management Committee Delegation of Authority template - reviewed by Legal Services July 2016, E2016/66109  

3        Section 355 Management Committee and Terms of Reference 2016, E2016/68163  

4        Nomination Form - Seciton 355 Management Committee or Board, E2016/68197  

 

 


 

Review of Section 355 Management Committee and Board Guidelines

 

The term of office for all S355 Committees is the same as the term of the current Council. With the local government election being held on 10th September, staff have used the opportunity of the change of committees to review the Section 355 Management Committee and Board Guidelines. The Guidelines were last reviewed in 2012.

 

The review of the Guidelines has included the following:

·    A workshop with existing Section 355 Management Committee members on 25th July 2016.

·    Extensive consultation with staff to ensure information was up-to-date and accurate, including maintenance procedures, procurement procedures, accounts procedures, insurance information, meeting procedures and governance.

·    Consultation with customer service and around improved marketing and promotion of halls and facilities.

·    A review of Section 377 delegations by Council’s Legal Services team.

 

The main areas where changes have been made to the old Guidelines include:

 

1.   Having one Guidelines document for both Management Committees and Boards.

 

2.   Clarifying the quorum with the ideal size of a committee being between 5 and 9 members (except Bangalow Parks/ Showground).

 

3.   Appointing a skills based committee where all community Management Committee members will be assessed against a set of criteria and appointed by Council.  This includes all office bearers being computer literate and able to be contacted by email. The selection criteria are:

·    Have established ties to the Byron Shire community, and

·    Experience (professional, amateur, volunteer) working in either; venue management, event management, conference organising, music promotion, theatre production, design, marketing, or related technical areas such as accounting, managing people or business, community services or groups or fundraising.

 

4.   Providing clarity around procurement and engaging contractors.

 

5.   Providing clarity around what constitutes minor maintenance (committee responsibility) and major improvements (Council responsibility).

 

6.   Refining the honorarium payments to committee members

 

7.   Providing information about Council’s Volunteer Policy and procedures

 

8.   Providing information about marketing and promotion, including Council’s Social Media Policy.

 

9.   Provision of inclusion as required by the Disability Inclusion Act 2014.

 

10. Increasing the bank float for committees to $5,000 and committee delegations to $5,000.

 

11. Requiring accounts to be kept electronically and treasurers being computer literate to utilise accounting software or excel spreadsheets and do most banking via the internet. (Council are investigating the use of  MYOB online tools, currently used by some Halls, which would make the Treasurer’s job much easier than it currently is).

 

12. Encouraging booking systems that use a calendar that can be viewed by multiple people. Council are currently looking into online systems and software that can make the bookings officer job much easier than it currently is.

 

13. The templates will be updated, including providing a suite of tools for Treasurers to keep electronic accounts.

 

The purpose of the Guidelines is to be used as a reference document. It has been identified that Section 355 Management Committees will benefit from more regular training in areas of need, and more networking to discuss what works and what doesn’t work for different halls and committees. The committee members that attended the consultation workshop on the 25th July certainly found the opportunity to share ideas useful.

 

Section 355 Management Committees – continuation

 

Under the LG Act 1993 Section 355 Council is able to delegate some of its functions to a committee of Council.  The term of office for the Section 355 Management Committees the same term as the current Council, with the addition of an extra three months after the General Election of Councillors (refer adopted Guidelines). Below is a list of the current Section 355 Management Committees and Boards.

 

Section 355 Management Committees

Responsible Officer

Crs rep(s)
2002/2016

Committee update

 

Recommendation to Council

Bangalow Parks (Bangalow Showground) S355 Management Ctee

Mark Arnold

Ibrahim

Alt Richardson

These facilities are managed by Section 355 Management Committees.

That Council write to Section 355 Members advising:

·       that their term of office is the same term as the current Council with the addition of three months (ie end Dec 2016)

·       they officially be thanked for their contribution on this Committee.

·       that advertising will take place for new Committee Members and they be invited to reapply for commencement in December 2016/January 2017.

Brunswick Heads Memorial Hall S355 Management Ctee

Mark Arnold

Cameron

Brunswick Valley Community Centre S355 Management Ctee

Mark Arnold

Dey

Cook Pioneer Centre Mullumbimby

Mark Arnold

Hunter

Alt Dey

Durrumbul Community Hall S355 Management Committee

Mark Arnold

Dey

 

Heritage House Bangalow and Tennis Court S355 Management Committee

Mark Arnold

Cameron

Alt Ibrahim

Ocean Shores Community Centre S355 Management Committee

Mark Arnold

Cubis

Alt Dey

South Golden Beach Community Centre S355 Management Committee

Mark Arnold

Cameron

Alt Richardson

Suffolk Park Community Hall S355 Management Committee

Mark Arnold

Wanchap

Bangalow A&I Hall Board of Management

Mark Arnold

Cameron

Alt Ibrahim

Alt Cubis

These facilities are managed each by a venue Coordinator who reports to the Board of Management. 

That Council write to Boards of Management advising:

·       that their term of office is the same term as the current Council with the addition of three months (ie end Dec 2016)

·       they officially be thanked for their contribution on this Committee.

·       that advertising will take place for new Board Members and they be invited to reapply for commencement in December 2016/January 2017..

Mullumbimby Civic Memorial Hall Board of Management

Mark Arnold

Dey

Richardson

 

Byron Bay Library Exhibition Space (Lone Goat Gallery) Section 355 Management Committee

 

Council has received resignations from Prue Regan and Turiya Bruce from the Byron Bay Library Exhibition Space (Lone Goat Gallery) Section 355 Management Committee.

 

Current Membership now on the Committee is as follows:-

 

Councillor Representative(s):

 

§ Cr Alan Hunter

 

Community Representatives:

 

§ Margaret White, Chairperson

§ Jay Pearse, Vice Chairperson

§ Maureen Lightfoot, Secretary/ Co-Treasurer

§ Howard Sedgmen, Co-Treasurer

§ Helene Sheean, Curator

 

Staff Comment:   It has been recommended that the resignations from Prue Regan and Turiya Bruce be received and they be officially thanked for their contribution on this Committee. 

 

With the approval by Council of the employment of a part-time Gallery Coordinator for a period of twelve months (resolution 16-348), the Byron Bay Library Exhibition Space (Lone Goat Gallery) Section 355 Management Committee will become a Board of Management. It is suggested that this opportunity be used to change the name of the committee to:

 

Lone Goat Gallery Section 355 Board of Management

 

Byron Bay Senior Citizen’s Hall Section 355 Management Committee

 

A new Section 355 Management Committee will be established as per resolution 16-192 for the Byron Bay Senior Citizen’s Hall.

 

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

 

South Golden Beach Community Hall Section 355 Management Committee

 

Council has received resignations from Jacqueline Walsh and Kathy Norley from the South Golden Beach Community Hall Section 355 Management Committee.

 

Current Membership now on the Committee is as follows:-

 

Councillor Representative(s):

 

§ Cr Basil Cameron

§ Mayor Simon Richardson (alternate delegate)

 

Community Representatives:

 

§ Angela Dunlop, President/ Bookings Officer

§ Robyn Quinn, Secretary

§ Michele Clark, Treasurer

 

Staff Comment:  It has been recommended that the resignations from Jacqueline Walsh and Kathy Norley be received and they be officially thanked for their contribution on this Committee.  One new nomination has been received from Zerina Millard to replace outgoing committee members. As new nominations for Section 355 Management Committee members will be called in September, it is recommended that Zerina Millard be appointed for a short-term period to the end of the existing committee’s term.

 

Financial Implications

Community representation on Council committees are volunteer positions and have no impact on Council’s Budget.

 

Statutory and Policy Compliance Implications

Section 355 Management Committees operate under Section 355 Committee Guidelines and the reviewed Guidelines will be made available on Council’s web site at http://www.byron.nsw.gov.au/section-355-committees

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Council Budget Review - 1 April 2016 to 30 June 2016

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2016/797

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report is prepared in accordance with the format required by Clause 203 of the Local Government (General) Regulation 2005 to inform Council and the Community of Council’s estimated financial position for the 2015/2016 financial year, reviewed as at 30 June 2016. 

 

The Quarterly Budget Review for the June 2016 Quarter has been prepared by staff even though it is not statutory requirement to assist Council with its Policy and decision making on matters that could have short, medium and long term implications on Councils financial sustainability.

 

This report contains an overview of the proposed budget variations for the General Fund, Water Fund and Sewerage Fund.  The specific details of these proposed variations are included in Attachments 1 and 2 for Council’s consideration and authorisation.

 

Attachment 3 contains the Integrated Planning and Reporting Framework (IP&R) Quarterly Budget Review Statement (QBRS) as outlined by the Division of Local Government in Circular 10-32.

 

The report also provides an indication of the financial position of the Council at 30 June 2016.  It should be noted that the figures provided are subject to completion and audit of the Council’s Financial Statements for 2015/2016. Any major variances to the estimated financial position for the 2015/2016 financial year will be included as part of the report adopting the financial statements during October 2016.

 

  

 

RECOMMENDATION:

1.       That Council authorises the itemised budget variations as shown in Attachment 2     (#E2016/74510) which includes the following results in the 30 June 2016 Quarterly     Review of the 2015/2016 Budget:

 

a)   General Fund - $0 increase in accumulated surplus/working funds

b)   General Fund - $9,096,400 increase in reserves

c)   Water Fund - $1,959,600 increase in reserves.

d)   Sewerage Fund - $643,300 increase in reserves

 

2.       That Council adopt the revised estimated General Fund Accumulated Surplus/ (Working Funds) surplus of $919,100 for the 2015/2016 financial year as at 30 June 2016.

 

3.       That Council further allocate $2,163,000 to internal reserve funds as indicated in this report under the heading ‘Specific Cash Position’.

 

Attachments:

 

1        Itemised Listing of Budget Variations for General, Water and Sewerage Funds, E2016/74510  

2        Budget Variations for General, Water and Sewerage Funds, E2016/74504  

3        Integrated Planning and Reporting Framework (IP&R) required Quarterly Review Statement, E2016/74511  

 

 


 

 

 

Report

 

Council adopted the 2015/2016 budget on 25 June 2015 via Resolution 15-293.  It also considered and adopted the budget carryovers from the 2014/2015 financial year, to be incorporated into the 2015/2016 budget, at its Ordinary Meeting held 27 August 2015 via Resolution 15-386.  Since that date, Council has reviewed the budget taking into consideration the 2014/2015 Financial Statement results and progress through the first three quarters of the 2015/2016 financial year.  This report considers the June 2016 Quarter Budget Review.

 

The details of the budget review for the Consolidated, General, Water and Sewer Funds are included in Attachment 1, with an itemised listing in Attachment 2.  This aims to show the consolidated budget position of Council, as well as a breakdown by Fund and Principal Activity. The document in Attachment 1 is also effectively a publication outlining a review of the budget and is intended to provide Councillors with more detailed information to assist with decision making regarding Council’s finances.

 

Contained in the document at attachment 1 is the following reporting hierarchy:

 

Consolidated Budget Cash Result

 

 

 


General Fund Cash Result     Water Fund Cash Result        Sewer Cash Result

 

 

 


Principal Activity                     Principal Activity                     Principal Activity

 

 

 


Operating Income       Operating Expenditure    Capital income    Capital Expenditure

 

 

The pages within Attachment 1 are presented (from left to right) by showing the original budget as adopted by Council on 25 June 2015 plus the adopted carryover budgets from 2014/2015 followed by the resolutions between July and September, the September review, resolutions between October and December, the December review, resolutions between January and March, the March review, resolutions between April and June and the revote (or adjustment for this review) and then the revised position projected for 30 June 2016.

 

On the far right of the Principal Activity, there is a column titled “Note”.  If this is populated by a number, it means that there has been an adjustment in the quarterly review.  This number then corresponds to the notes at the end of the Attachment 1 which provides an explanation of the variation.

 

There is also information detailing restricted assets (reserves) to show Council estimated balances as at 30 June 2016 for all Council’s reserves.

 

A summary of Capital Works is also included by Fund and Principal Activity.

 


 

Division of Local Government Budget Review Guidelines:-

 

The Division of Local Government on 10 December 2010 issued the new Quarterly Budget Review Guidelines via Circular 10-32, with the reporting requirements to apply from 1 July 2011.  This report includes a Quarterly Budget Review Statement (refer Attachment 3) prepared by Council in accordance with the guidelines.

 

The Quarterly Budget Review Guidelines set a minimum standard of disclosure, with these standards being included in the Local Government Code of Accounting Practice and Financial Reporting as mandatory requirements for Council’s to address.

 

Since the introduction of the new planning and reporting framework for NSW Local Government, it is now a requirement for Councils to provide the following components when submitting a Quarterly Budget Review Statement (QBRS):-

 

·    A signed statement by the Responsible Accounting Officer on Councils financial position at the end of the year based on the information in the QBRS

 

·    Budget review income and expenses statement in one of the following formats:

Consolidated

By fund (e.g General, Water, Sewer)

By function, activity, program etc to align with the management plan/operational plan

 

·    Budget Review Capital Budget

 

·    Budget Review Cash and Investments Position

 

·    Budget Review Key performance indicators

 

·    Budget Review Contracts and Other Expenses

 

The above components are included in Annexure 5(c):-

 

Income and Expenditure Budget Review Statement by Type – This shows Councils income and Expenditure by type.  This has been split by Fund.  Adjustments are shown, looking from left to right. 

 

Capital Budget Review Statement – This statement identifies in summary Council’s capital works program on a consolidated basis and then split by Fund.  It also identifies how the capital works program is funded.

 

Cash and Investments Budget Review Statement – This statement reconciles Council’s restricted funds (reserves) against available cash and investments.  Council has attempted to indicate an actual position as at 30 June 2016 of each reserve to show a total cash position of reserves with any difference between that position and total cash and investments held as available cash and investments.  It should be recognised that the figure is at a point in time and may vary in future quarterly reviews pending on cash flow movements.

 

Key Performance Indicators (KPI’s) – Council is currently developing a series of KPI’s to be built into the Long Term Financial Plan (LTFP currently under review).  At this stage, the KPI’s within in this report are:-

 

Debt Service Ratio - This assesses the impact of loan principal and interest repayments on the discretionary revenue of Council.

 

Rates and Annual Charges Outstanding Ratio – This assesses the impact of uncollected rates and annual charges on Councils liquidity and the adequacy of recovery efforts.

 

Asset Renewals Ratio – This assesses the rate at which assets are being renewed relative to the rate at which they are depreciating.

 

These may be expanded in future to accommodate any additional KPIs that Council may adopt to use in the Long Term Financial Plan (LTFP.)

 

Contracts and Other Expenses - This report highlights any contracts Council entered into during the April to June quarter that are greater then $50,000.

 

CONSOLIDATED RESULT

 

The following table provides a summary of the overall Council budget on a consolidated basis inclusive of all Funds budget movements for the 2015/2016 financial year projected to 30 June 2016.

 

 

2015/2016 Budget Review Statement as at 30 June 2016

Original Estimate (Including Carryovers)

 1/7/2015

 

Adjustments to June 2016 including Resolutions

 

Proposed June 2016 Review Revotes

 

Revised Estimate 30/6/2016

Operating Revenue

72,162,100

2,487,800

1,453,400

76,103,300

Operating Expenditure

78,507,400

465.500

(3,724,700)

75,248,200

Operating Result – Surplus/Deficit

(6,345,300)

2,022,300

5,178,100

855,100

Add: Capital Revenue

10,726,000

53,300

1,773,600

12,552,900

Change in Net Assets

4,380,700

2,075,600

6,951,700

13,408,000

Add: Non Cash Expenses

14,586,500

(2,071,400)

0

12,515,100

Add: Non-Operating Funds Employed

4,100,000

127,700

0

4,227,700

Subtract: Funds Deployed for Non-Operating Purposes

(43,048,100)

12,519,400

4,747,600

(25,781,100)

Cash Surplus/(Deficit)

(19,980,900)

12,651,300

11,699,300

4,369,700

Restricted Funds – Increase / (Decrease)

(19,980,900)

12,651,300

11,699,300

4,369,700

Forecast Result for the Year – Surplus/(Deficit) – Working Funds

0

0

0

0

 

As the table above highlights, the forecast result for the year has not changed during the review period including Council resolutions.  Results by General, Water and Sewerage Fund are provided below:

 


 

GENERAL FUND

 

In terms of the General Fund projected Accumulated Surplus (Working Funds) the following table provides a reconciliation to the estimated position as at 30 June 2016:

 

Opening Balance – 1 July 2015

$919,100

Plus original budget movement and carryovers

0

Council Resolutions July – September Quarter

0

September Review Adjustments – increase/(decrease)

0

Council Resolutions October – December Quarter

0

December Review Adjustments – increase/(decrease)

0

Council Resolutions January – March Quarter

0

Recommendations within this Review – increase/(decrease)

0

Council Resolutions April – June Quarter

0

Recommendations within this Review – increase/(decrease)

0

Forecast Working Funds Result – Surplus/(Deficit) – 30 June 2016

0

Estimated Working Funds Closing Balance – 30 June 2016

919,100

 

Council Resolutions

 

There were no Council resolutions during the April 2016 to June 2016 quarter that impacted the 2015/2016 budget result.

 

Budget Adjustments

 

A summary of the budget adjustments identified in Attachment 1 and 2 for the General Fund has been summarised by Budget Directorate in the following table:

 

 

 

 

 

 

Budget Directorate

Revenue Increase/

(Decrease) $

Expenditure Increase/

(Decrease) $

Accumulated Surplus (Working Funds) Increase/ (Decrease) $

Organisation Development

0

0

0

Corporate & Community Services

608,600

637,200

(28,600)

Infrastructure Services

(2,513,700)

(2,652,700)

139,000

Sustainable Environment & Economy

373,900

484,300

(110,400)

Total Budget Movements

(1,531,200)

(1,531,200)

0

 

Budget Adjustment Comments

 

Within each of the Directorates of the General Fund, are a series of proposed budget adjustments identified in detail at attachments 1 and 2. More detailed notes on these are provided in Attachment 1, but in summary the major items included are summarised below by Directorate and are included in the overall budget result presented in the budget adjustments table above with the majority of budget revotes proposed to reflect actual results achieved:

 

The major consideration with this budget review is the reduction in expenditure associated with projects not completed and under expenditure.  Council will also be considering a report to this same Ordinary Council Meeting regarding carryover items from the 2015/2016 financial year not completed to be added to the 2016/2017 Budget Estimates.  This report also considers the implications of that report.

 

As a consequence of these revisions, there is a significant proposed increase to Council’s restricted funds given the cash position overall for the financial year ended 30 June 2016 increased significantly compared to the anticipated reduction in cash expected.  Council was expecting to see a reduction of $19.981 million in its cash position for the 2015/2016 financial year as per the original adopted budget estimates, however current indications are that the June 2016 Quarter Budget Review in conjunction with previous Quarterly Budget Reviews is requiring a $4.370 million transfer back to reserve funds.

 

Specific Cash Position

 

Upon reconciling Council’s total cash and investment position at 30 June 2016 compared to the reserve movements outlined in this Budget Review, there is an indication that Council will have total unrestricted cash and investments of $3,305,600.  Council commenced the 2015/2016 financial year with unrestricted cash of $1,142,600 which was an attainment of one of Council’s short term financial goals.  If Council chooses to maintain this balance at 30 June 2016, it therefore indicates there is a further $2,163,000 that could be allocated to reserve in addition to the movement contained in the Budget Review.  In that regard it is suggested that Council allocate the funds as follows:

 

·    $1,643,000 to the Infrastructure Renewal Reserve including $1,000,000 that can be allocated to Bridge replacement works.

·    $100,000 to the Information Technology Reserve to provide funding for Council to implement the Unified Communication Project relating to the replacement of Council’s phone system that has been in place for over twenty years to enable newer technology and provide improved customer service.

·    $200,000 to the Infrastructure Services Carryover Reserve to provide funding for Council to develop and implement its next set of Integrated Planning Documents including Community Strategic Plan and the required community consultation in terms of Council addressing its infrastructure issues along with having a conversation regarding funding for future works.

·    $20,000 to the General Manager Office Reserve to assist in the scoping of projects.

·    $200,000 to the property development reserve to further assist Council with property rationalisation in accordance with the Financial Sustainability Plan (FSP).

 

The actual amounts that will be eventually allocated will be contingent upon finalisation of the 2015/2016 financial statements yet to be finalised and subject to external audit.

 

WATER FUND

 

After completion of the 2014/2015 Financial Statements the Accumulated Surplus (Working Fund) balance for the Water Fund, as at 30 June 2015, is $1,968,400 with capital works reserves of $2,577,900.  It also held $10,817,600 in section 64 developer contributions at this time.

 

The estimated Water Fund reserve balances as at 30 June 2016 are derived as follows:

 

Opening Reserve Balance at 1 July 2015

$2,577,900

Plus original budget reserve movement

1,130,200

Less reserve funded carryovers from 2014/2015

(1,939,800)

Resolutions July -  September Quarter – increase / (decrease)

(2,200)

September Quarterly Review Adjustments – increase / (decrease)

21,300

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

211,400

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

20,000

Resolutions April to June Quarter – increase / (decrease)

(33,000)

June Quarterly Review Adjustments – increase / (decrease)

824,600

Forecast Reserve Movement for 2015/2016 – Increase / (Decrease)

232,500

Estimated Reserve Balance at 30 June 2016

$2,810,400

 

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2015

$10,817,600

Plus original budget reserve movement

(3,779,000)

Less reserve funded carryovers from 2014/2015

(226,500)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

6,000

Resolutions October -  December Quarter – increase / (decrease)

(500,000)

December Quarterly Review Adjustments – increase / (decrease)

1,000,000

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

2,096,000

Resolutions April – June Quarter – increase / (decrease)

0

June Quarterly Review Adjustments – increase / (decrease)

1,135,000

Forecast Reserve Movement for 2015/2016 – Increase / (Decrease)

(268,500)

Estimated Reserve Balance at 30 June 2016

$10,549,100

 

Movements for Water Fund can be seen in Attachment 1, with a proposed estimated increase to reserves (including S64 Contributions) overall of $1,959,600 from this review. 

 

SEWERAGE FUND

 

After completion of the 2014/2015 Financial Statements the Accumulated Surplus (Working Fund) balance for the Sewer Fund, as at 30 June 2015, was $1,776,500 with capital works reserves of $4,681,300 and plant reserve of $785,100. It also held $6,228,000 in section 64 developer contributions.

 

The estimated Sewerage Fund reserve balances as at 30 June 2016 are derived as follows:

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2015

$4,681,300

Plus original budget reserve movement

1,189,700

Less reserve funded carryovers from 2014/2015

(125,500)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(3,900)

Resolutions October -  December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(1,106,800)

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

640,000

Resolutions April - June Quarter – increase / (decrease)

0

June Quarterly Review Adjustments – increase / (decrease)

(124,800)

Forecast Reserve Movement for 2015/2016 – Increase / (Decrease)

468,700

Estimated Reserve Balance at 30 June 2016

$5,150,000

 

Plant Reserve

 

Opening Reserve Balance at 1 July 2015

$785,100

Plus original budget reserve movement

0

Less reserve funded carryovers from 2014/2015

0

Reserve movements from September Quarter – increase / (decrease)

0

Reserve movements from December Quarter – increase / (decrease)

0

Reserve movements from March Quarter – increase / (decrease)

0

Reserve movements from June Quarter – increase / (decrease)

42,700

Forecast Reserve Movement for 2015/2016 – Increase / (Decrease)

42,700

Estimated Reserve Balance at 30 June 2016

$827,800

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2015

$6,228,000

Plus original budget reserve movement

(1,853,600)

Less reserve funded carryovers from 2014/2015

(1,803,500)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

0

Resolutions October -  December Quarter – increase / (decrease)

(500,000)

December Quarterly Review Adjustments – increase / (decrease)

1,810,000

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

4,154,100

Resolutions April – June Quarter – increase / (decrease)

0

June Quarterly Review Adjustments – increase / (decrease)

725.300

Forecast Reserve Movement for 2015/2016 – Increase / (Decrease)

2,532,300

Estimated Reserve Balance at 30 June 2016

$8,760,300

 

Movements for the Sewerage Fund can be seen in Attachment 1, with a proposed estimated decrease to reserves (including S64 Contributions) overall of $356,800 from this review.

 

Legal Expenses

 

One of the major financial concerns for Council over previous years was legal expenses. Not only does this item represent a drain on rate income, but it is also susceptible to large fluctuations and needs to be continually monitored.

 

The table that follows indicates the allocated budget and actual legal expenditure within Council on a fund basis.

 

Total Estimated Legal Income & Expenditure as at 30 June 2016

 

 

Program

2015/2016

Budget ($)

 

Actual ($)

Percentage To Revised Budget

Income

 

 

 

Legal Expenses Recovered

0

6,200

0%

Total Income

0

6,200

0%

 

 

 

 

Expenditure

 

 

 

General Legal Expenses

200,000

230,168

115%

Total Expenditure General Fund

200,000

230,168

115%

 

The current status of the Legal Services Reserve is shown below:

 


 

Legal Reserve

 

Opening Reserve Balance at 1 July 2015

$779,100

Less Belongil Bridge Pile Repairs (44217 - Original Budget)

(1,803)

Less Road Reconstruction Works (Various – Original Budget)

(61,000)

Legal Expenses above allocated budget

(23,968)

Estimated Reserve Balance at as at 30 June 2016

$692,329

 

Financial Implications

 

The 30 June 2016 Quarter Budget Review of the 2015/2016 Budget Estimates has maintained the expected estimated budget attributable to the General Fund of $0 assuming all revotes of income and expenditure for Council’s consideration are approved.  Overall, the short term financial position of Council still needs to be carefully monitored on an ongoing basis. However having said that, it is estimated that the General Fund Accumulated Surplus (Working Funds) result of $919,100 is slightly less than the adopted General Fund Accumulated Surplus (Working Funds) target of $1,000,000 for the General Fund.  Maintaining this result through the financial year is a further achievement for Council.

 

It is expected also given the level of reserve funds compared to total cash and investments at 30 June 2016, Council is likely to have an unrestricted cash balance currently estimated at $1,142,600.  This is another further achievement for Council maintaining this result throughout the financial year.

 

Notwithstanding that Council has maintained during the year both of its short term funding liquidity goals, these goals are more about liquidity.  Council certainly still has bigger issues in the longer term regarding its financial sustainability such as the provision of adequate funding for the maintenance and renewal of infrastructure assets.  These issues are certainly the focus of the ‘Fit for the Future’ program that the NSW Government has issued to Councils in NSW.

 

The outcomes associated with this Budget Review need to be considered in context that they are indicative financial outcomes for the 2015/2016 financial year.  Council is yet to finalise its financial statements for the year ended 30 June 2016 which will be subject to external independent audit.

 

It is expected that Council will receive a report to adopt its financial statements for the year ended 30 June 2016 at its Ordinary Meeting to be held on 27 October 2016 where the final financial results for the year will be presented.

 

This report was also considered by the Finance Advisory Committee at its meeting held on 18 August 2016.

 

Statutory and Policy Compliance Implications

 

In accordance with Clause 203 of the Local Government (General) Regulation 2005 the Responsible Accounting Officer of a Council must:-

(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

 

(2) A budget review statement must include or be accompanied by:

 

(a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

 

(b) if that position is unsatisfactory, recommendations for remedial action.

 

(3) A budget review statement must also include any information required by the Code to be included in such a statement.

 

Statement by Responsible Accounting Officer

 

This report indicates that the short term financial position of the Council is satisfactory for the 2015/2016 financial year, having consideration of the original estimate of income and expenditure at the 30 June 2016 Quarter Budget Review.

 

This opinion is based on the estimated General Fund Accumulated Surplus (Working Funds) position and the expected improvement of that position by the current indicative budget of $0 for 2015/2016.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Investments July 2016

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2016/799

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

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

 

 

 

 


 

Report

 

In relation to the investment portfolio for July 2016, Council has continued to maintain a diversified portfolio of investments. At 31 July 2016, the average 90 day bank bill rate (BBSW) for the month of July was 1.93%.  Council’s performance to 31 July is approximately 2.96%. 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 July 2016:

 

Schedule of Investments held as at 31 July 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%

520,000.00

03/06/16

1,000,000

WESTPAC CLIMATE BOND

N

AA-

03/06/21

FRN

3.16%

1,000,080.00

08/07/16

2,000,000

NAB

P

AA-

07/10/16

TD

2.92%

2,000,000.00

06/06/16

2,000,000

NAB

N

AA-

04/10/16

TD

2.96%

2,000,000.00

04/04/16

2,000,000

NAB

N

AA-

04/08/16

TD

3.10%

2,000,000.00

06/07/16

2,000,000

BANKWEST

P

A1+

05/09/16

TD

2.80%

2,000,000.00

12/05/16

2,000,000

NAB

N

AA-

12/09/16

TD

2.99%

2,000,000.00

23/05/16

2,000,000

NAB

N

AA-

23/11/16

TD

2.98%

2,000,000.00

05/04/16

2,000,000

SUNCORP

P

A+

03/08/16

TD

3.05%

2,000,000.00

02/06/16

2,000,000

NAB

N

AA-

30/09/16

TD

2.96%

2,000,000.00

02/05/16

2,000,000

NAB

N

AA-

02/09/16

TD

3.08%

2,000,000.00

14/07/16

1,000,000

NAB

N

AA-

12/10/16

TD

2.91%

1,000,000.00

06/06/16

1,000,000

NAB

N

AA-

04/10/16

TD

2.96%

1,000,000.00

09/05/16

1,000,000

NAB

N

AA-

08/08/16

TD

2.98%

1,000,000.00

06/06/16

2,000,000

NAB

N

AA-

05/09/16

TD

2.93%

2,000,000.00

04/07/16

3,000,000

ME BANK

P

BBB

04/10/16

TD

2.88%

3,000,000.00

05/05/16

2,000,000

NAB

N

AA-

05/09/16

TD

3.01%

2,000,000.00

19/05/16

2,000,000

NAB

N

AA-

19/08/16

TD

2.95%

2,000,000.00

26/05/16

2,000,000

NAB

N

AA-

25/08/16

TD

3.02%

2,000,000.00

29/02/16

2,000,000

AMP BANK

P

A

29/08/16

TD

3.00%

2,000,000.00

02/06/16

2,000,000

NAB

N

AA-

01/09/16

TD

2.94%

2,000,000.00

04/07/16

2,000,000

NAB

N

AA-

03/01/17

TD

2.97%

2,000,000.00

07/07/16

2,000,000

BANK OF QUEENSLAND

P

A2

05/01/17

TD

2.95%

2,000,000.00

01/02/16

2,000,000

POLICE CREDIT UNION

P

NR

01/08/16

TD

3.10%

2,000,000.00

06/06/16

2,000,000

ME BANK

N

BBB

06/09/16

TD

2.95%

2,000,000.00

09/05/16

1,000,000

NEWCASTLE PERMANENT

P

BBB+

08/08/16

TD

2.85%

1,000,000.00

01/06/16

2,000,000

BEYOND BANK

P

A2

01/09/16

TD

3.00%

2,000,000.00

01/06/16

2,000,000

SUNCORP

N

A1

29/09/16

TD

2.85%

2,000,000.00

05/05/16

2,000,000

BEYOND BANK

N

A2

03/08/16

TD

3.10%

2,000,000.00

10/05/16

2,000,000

ME BANK

N

BBB

07/09/16

TD

2.95%

2,000,000.00

10/05/16

2,000,000

ME BANK

N

BBB

08/08/16

TD

2.95%

2,000,000.00

13/05/16

2,000,000

ME BANK

N

BBB

11/08/16

TD

2.90%

2,000,000.00

17/05/16

2,000,000

ME BANK

N

BBB

16/08/16

TD

2.90%

2,000,000.00

23/05/16

1,000,000

POLICE CREDIT UNION

N

NR

23/09/16

TD

2.95%

1,000,000.00

02/06/16

2,000,000

BEYOND BANK

N

A2

31/08/16

TD

2.90%

2,000,000.00

04/07/16

3,000,000

BANK OF QUEENSLAND

N

A2

04/01/17

TD

2.95%

3,000,000.00

04/07/16

2,000,000

COMMUNITY ALLIANCE CU

P

NR

04/10/16

TD

3.10%

2,000,000.00

04/07/16

1,000,000

BANANACOAST CU

P

NR

04/01/17

TD

2.95%

1,000,000.00

06/07/16

2,000,000

QUEENSLAND COUNTRY CU

P

NR

03/11/16

TD

2.95%

2,000,000.00

N/A

2,628,765

CBA BUSINESS ONLINE SAVER

N

A

N/A

CALL

1.80%

2,628,764.66

Total

74,128,765

 

 

 

 

AVG

2.96%

74,148,844.66

 

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

 

 

FRN

Floating Rate Note

Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter.

 

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 July 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 as June 2016, but overall is still demonstrating a cumulative unrealised gain of $20,080.

 

Dissection of Council Investment Portfolio as at 31 July 2016

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

70,000,000.00

Term Deposits

70,000,000.00

0.00

1,000,000.00

Floating Rate Note

1,000,080.00

80.00

2,628,764.66

Business On-Line Saver (At Call)

2,628,764.66

0.00

500,000.00

Bonds

520,000.00

20,000.00

74,128,764.66

 

74,148,844.66

20,080.00

 

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 1 July 2016 to 31 July 2016 on a current market value basis.  

 

Movement in Investment Portfolio – 1 July 2016 to 31 July 2016

 

Item

Current Market  Value (at end of month) $

Closing Balance at 30 June 2016

76,742,693.42

Add: New Investments Purchased

20,000,000.00

Add: Call Account Additions

1,000,000.00

Add: Interest from Call Account

6,151.24

 

Less: Investments Matured

23,000,000.00

Less: Call Account Redemption

600,000.00

Less: Fair Value Movement for period

0.00)

Closing Balance at 31 July 2016

74,148,844.66

 

Investments Maturities and Returns – 1 July 2016 to 31 July 2016

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

1,000,000.00

Auswide Bank

TD

04/07/16

91

3.01%

7,504.38

2,000,000.00

NAB

TD

08/07/16

151

3.02%

24,987.40

2,000,000.00

Bankwest

TD

06/07/16

90

3.00%

14,794.52

1,000,000.00

Bankwest

TD

04/07/16

63

2.70%

4,660.27

2,000,000.00

Auswide Bank

TD

04/07/16

91

3.01%

15,008.77

1,000,000.00

NAB

TD

14/07/16

91

3.09%

7,703.84

2,000,000.00

Bankwest

TD

12/07/16

120

3.00%

29,589.04

1,000,000.00

ME Bank

TD

04/07/16

153

2.95%

37,097.26

2,000,000.00

NAB

TD

04/07/16

89

3.07%

14,971.51

2,000,000.00

Bank Of Queensland

TD

07/07/16

91

3.00%

14,958.90

2,000,000.00

ME Bank

TD

26/07/16

91

3.06%

15,258.08

2,000,000.00

Bankwest

TD

04/07/16

48

2.60%

6,838.36

20,000,000.00

 

 

 

 

 

193,372.33

         

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 July 2016 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 31 July 2016

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

70,000,000.00

70,000,000.00

0.00

Floating Rate Note

1,000,000.00

1,000,080.00

80.00

Business On-Line Saver (At Call)

2,628,764.66

2,628,764.66

0.00

Bonds

500,000.00

520,000.00

20,000.00

Total Investment Portfolio

74,128,764.66

74,148,844.66

20,080.00

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

3,407,182.59

3,407,182.59

          0.00

Total Cash at Bank

3,407,182.59

3,407,182.59

0.00

 

 

 

 

Total Cash Position

77,535,947.25

77,556,027.25

20,080.00

 

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.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Carryovers for Inclusion in the 2016/17 Budget

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2016/801

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:                   

 

This report is prepared for Council to consider and to adopt the carryover Budget allocations for works and services, either commenced and not completed, or not commenced in the 2015/2016 financial year for inclusion in the 2016/2017 Budget Estimates.

 

Each year Council allocates funding for works and services across all programs. For various reasons, some of these works and services are incomplete at the end of the financial year. The funding for these works is restricted at the end of the financial year, and is carried over as a budget allocation revote to the following year, to fund the completion of the work or service.

 

This report identifies all the works and services recommended to be carried over from the 2015/2016 financial year to the 2016/2017 Budget Estimates. The report also identifies the funding for each recommended budget allocation carryover.

 

In compiling this report, the Financial Sustainability Plan (FSPP) 2015/2016, namely Part 7 regarding ‘Policy and Decision Making’ has also been considered.

 

  

 

RECOMMENDATION:

That the works and services, and the respective funding shown in Attachment 1 (#E2016/74385), Attachment 2 (#E2016/74388) and Attachment 3 (#E2016/74387) be carried over from the 2015/2016 financial year and that the carryover budget allocations be adopted as budget allocation revotes for inclusion in the 2016/2017 Budget Estimates.

 

Attachments:

 

1        Carryovers and funding for inclusion in 2016/2017 Budget - General Fund, E2016/74385  

2        Carryovers and funding for inclusion in 2016/2017 Budget - Water Fund, E2016/74388  

3        Carryovers and funding for inclusion in 2016/2017 Budget - Sewerage Fund, E2016/74387  

 

 


 

Report

 

Each year Council allocates funding for works and services across all programs. For various reasons, some of these works and services are incomplete at the end of the financial year. The funding for these works and services is restricted at the end of the financial year to be carried over to the following year for completion.

 

This report identifies all the works and services to be carried over to the 2016/2017 Budget Estimates and the respective funding of each, relating to works and services not completed during the course of the 2015/2016 financial year. The specific details of all carryover works and services subject of this report are outlined for General Fund at Attachment 1, Water Fund at Attachment 2 and Sewer Fund at Attachment 3.

 

Financial Implications

 

The works and services included in Attachments 1, 2 and 3 are fully funded and have no impact on the General Fund Accumulated Surplus (Working Funds) position of Council or the 2016/2017 Budget Estimates result. As in previous years there is a significant amount (albeit less) of carryovers to be brought forward to the current financial year. Table 1 below provides a history of the value of carryovers in recent years with the proposed total carryovers for 2016/2017 $7,799,100 less then the carryovers related to the 2015/2016 financial year.  Council may recall that there was an earlier assessment of carryovers was conducted before finalisation of the 2016/2017 Budget Estimates with them being included at that point.

 

Table 1 - Value of budget carryovers 2012/13 – 2016/17

 

Fund

2012/13 ($)

2013/14 ($)

2014/15 ($)

2015/16 ($)

2016/17 ($)

General

8,596,400

6,181,100

12,863,500

10,550,300

5,022,100

Water

579,800

1,150,300

586,200

1,671,900

729,900

Sewer

1,852,500

1,703,700

877,100

1,929,000

600,100

Total

11,028,700

9,035,100

14,326,800

14,151,200

6,352,100

 

General Fund

 

The value of works carried over to 2016/2017 for the General Fund are significantly less ($5,528,200) than that carried over for the 2015/2016 year.  Of the $5,022,100 of General Fund carryovers, approximately 55% ($2,780,400) is attributable to Local Roads and Drainage projects not completed in 2015/2016 to be carried forward to 2016/2017.

 

Special Rate funded community building maintenance and public toilet upgrades within the Facilities Management Program represent approximately 11% ($553,300) of the General Fund carryovers.  It is anticipated these works will be delivered by June 2017.

 

Water and Sewer Funds

 

Carryovers for the Water and Sewer Funds have decreased by $942,000 and $1,328,900 respectively compared to the carryover applicable for the 2015/2016 financial year. 

 

In terms of the overall carryovers included at Attachments 1, 2 and 3, where the bulk of the carryovers related to projects in the Infrastructure Services Directorate, the following table outlines for Councillors information as to the extent of carryovers where works are in progress or contracts awarded at the time this report has been prepared:

 

Table 2 – Schedule of Carryover works current status

 

Project

Carryover $

Project Status

Tweed Street Master Plan (Design Only)

120,000

Procurement of consultant in progress and will be completed in August 2016. Actual design works to be completed by November 2016.

Project Investigation & Planning

94,000

Works in progress and scheduled to be completed by November 2016.

Broken Head Road - Pavement Rehabilitation

10,600

Design development budget. Works funded in 2016/17 & 2017/18.

Parking Studies for Bang, Bruns & Mullum

28,900

Studies in progress and being completed with a staged delivery for Wategos, Mullumbimby, Bangalow and Brunswick Heads.

Rifle Range Road Intersection Upgrade

24,600

Interim works completed last financial year associated with demolition of rail overbridge. Design development for ultimate intersection to be done this financial year.

Marine Pde - Footpath

55,600

Design works in progress. Actual construction works scheduled for September to December 2016.

2008/09 Special Rate Funds - O'Meara's Bridge

39,100

Funds required for replacement of O’Meara’s Bridge

Bridges Capital Renewal Miscellaneous (From 44201)

185,000

Funds required for bridge replacements.

PAMP Construction

69,300

Works not finalised due to resignation of Traffic & Transport Planner. Will be completed in this financial year.

SGB Street Drainage Improvements

4,900

Design development in progress. Actual construction works funded separately and scheduled for implementation between September and November 2016.

Lighthouse Road, Byron Bay

20,000

Works not able to be started last financial year due to a lack of design development & investigation resources. Will be completed this financial year.

Federal Drive, Goonengerry, pavement upgrade

52,800

Design works now completed. Property acquisitions in progress.  Actual construction works scheduled for later this calendar year, subject to land acquisition.

Bus Shelter Upgrades

24,800

Grant is over a number of financial years. Design development works in progress and construction works to be completed this financial year.

Wilsons Creek Road east of Montecullum

21,600

Unexpended Grant, construction finalised July 2016

22 Bangalow Road - Resolve Stormwater Flooding

9,900

Design development works in progress.

SGB Street Drainage Upgrade Stage 2

20,000

Design development in progress. Actual construction works funded separately and scheduled for implementation between September and November 2016.

Water Lilly Park Lake Options Study

10,000

Options study in progress and will be reported to Council in the near future.

Safer Roads Project – Coolamon Scenic Drive

69,000

Unexpended Grant, construction finalised July 2016

Brunswick Valley Way/Tweed Valley Way Yelgun

57,000

Works were completed in July 2016.

Myocum Road Segment

65,500

Design development and preliminary works completed in 20156/16. Actual construction works in progress and will be completed in September 2016.

Ruskin Lane Stormwater Augmentation

62,600

Works completed in August 2016.

Massinger St, Lawson St to Kipling St

595,000

Works completed in August 2016.

Purchase of Surplus ADF Bridges

20,900

Unexpended funds to part assist with purchase of additional bridges.

Orana Road Ocean Shores

20,000

Design development works in progress.

Broken Head Road, Suffolk Park - South of Clifford

431,600

Design development works in progress.

Main Arm Road - Blind Mouth Causeway Upgrade

83,000

Funds needed for implementation.

Byron Bay Bypass

220,800

Funds needed for implementation following project approval.

Massinger/Lawson St Roundabout

120,000

Contract works scheduled between August and November 2016.

Clifford St intersection with Broken Head Road

131,400

Short term design development works in progress. Procurement for redesign of roundabout to occur in 2017/18

Bayshore Drive/Ewingsdale Road Roundabout

84,700

Design development works and preparation of contract documents in progress and will be finished by December 2016.

Initial Costs Car Park at Bangalow Sports Fields

27,800

Design development works in progress and will be finished later in 2016.

Total

2,780,400

 

 

Whilst Council in accordance with Clause 211 of the Local Government (General) Regulation 2005 conducted its annual meeting to approve expenditure and voting of money on 29 June 2016 via Resolution 16-348, the expenditure items subject of this report were not included in the 2016/2017 Budget Estimates but now need to be.  The intent of this report is to seek Council approval to revote the carryovers from the 2015/2016 financial year and to adopt the budget allocation carryovers for inclusion in the 2016/2017 adopted Budget Estimates.

 

The Strategic Planning Committee at its meeting held on 28 March 2013 considered Report 4.3 on the Council’s financial position for the 2012/2013 financial year.  The recommendations from this meeting were adopted by Council at its Ordinary Meeting held on 18 April 2013 through resolution 13-164. Committee recommendation SPC 4.3 in part 5 included the following process to be applied to the consideration of any amount identified as a carryover to the 2013/14 and future Budgets and funded from general revenues:

 

That Council determines that any general revenue funded allocated expenditure, not

expended in a current financial year NOT be automatically carried over to the next

financial year before it is reviewed and priorities established.

 

Resolution 13-164 has also been incorporated into Part 7 – ‘Policy and Decision Making’ of the Financial Sustainability Plan (FSP) 2015/2016 considered by Council at its Ordinary Meeting held on 10 December 2015 (Resolution 15-606).

 

This report was also considered by the Finance Advisory Committee at its Meeting held on 18 August 2016.

 

Statutory and Policy Compliance Implications

 

Clause 211 of the Local Government (General) Regulation 2005 outlines the requirements of Council relating to authorisation of expenditure.  Specifically the Clause 211 states:

 

(1)          A council, or a person purporting to act on behalf of a council, must not incur a liability for the expenditure of money unless the council at the annual meeting held in accordance with subclause (2) or at a later ordinary meeting:

 

(a) has approved the expenditure, and

 

(b) has voted the money necessary to meet the expenditure.

 

(2)          A council must each year hold a meeting for the purpose of approving expenditure and voting money.

 

Council resolution 13-164

 

Part 7 – ‘Policy and Decision Making’ of the Financial Sustainability Plan (FSP) 2016/2017.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.9

 

 

Report No. 13.9           End of Term Report 2016

Directorate:                 Corporate and Community Services

Report Author:           Mila Jones, Corporate Governance Coordinator

File No:                        I2016/806

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

It is a requirement of the Integrated Planning and Reporting Framework that all councils report on the progress of implementing the Community Strategic Plan and is to be presented at the final meeting of an outgoing council.  The Report is to include the effectiveness in achieving its social, environmental, economic and civic leadership objectives. 

 

The period to be covered by the End of Term Report is the four year term of council.  Council has now prepared its draft End of Term Report for the period 2012 to 2016 and is now provided to Council for endorsement and inclusion in the Annual Report 2015-2016 (as required by the Integrated Planning and Reporting Framework).

 

Council has taken the opportunity while preparing this End of Term Report to celebrate many of the key achievements that may not have been prescribed in its Community Strategic Plan 2012-2022 but however contribute to Council’s successes over the last four years.

 

  

 

RECOMMENDATION:

1.       That Council notes the Community Strategic Plan and Delivery Plan status (Attachment 2 #E2016/74748).

 

2        That Council adopt the End of Term Report 2016 (Attachment 1 #E2016/77189).

 

Attachments:

 

1        Draft End of Term Report 2016, E2016/77189  

2        End of Term 2016 CSP and DP Status, E2016/74748  

 

 


 

Report

 

It is a requirement of the Integrated Planning and Reporting Framework that all councils report on the progress of implementing the Community Strategic Plan and is to be presented at the final meeting of an outgoing council.  The Report is to include the effectiveness in achieving its social, environmental, economic and civic leadership objectives. 

 

The period to be covered by the End of Term Report is the four year term of council.  Council has now prepared its draft End of Term Report for the period 2012 to 2016 and is now provided to Council for endorsement and inclusion in the Annual Report 2015-2016 (as required by the Integrated Planning and Reporting Framework.

 

Council has taken the opportunity while preparing this End of Term Report to celebrate many of the key achievements that may not have been prescribed in its Community Strategic Plan 2012-2022 but however contribute to Council’s successes over the last four years.

 

These highlights include the development of the Financial Sustainability Plan which helped to find new ways to reduce expenditure and grow revenue so Council could invest more in infrastructure and services; the Plan being foundational to Council being declared “Fit for the Future”.

 

In order to measure the level of Council’s success in achieving the objectives of the Community Strategic Plan, staff assessed each of the activities listed in the four year Delivery Program to determine if targets were achieved, mostly achieved or not achieved. Refer to the matrix at Attachment 2 for a breakdown of the assessment.

 

Financial Implications

 

There were no financial implications in the preparation of the End of Term Report.

 

Statutory and Policy Compliance Implications

 

Section 402 of the Local Government Act 1993 requires that all local government areas must have a Community Strategic Plan that has been developed and endorsed by Council. A review of the progress must be presented at the last meeting of the outgoing council.  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.10

 

 

Report No. 13.10         NSW Crown Holiday Parks Trust - Brunswick Heads Holiday Parks Update

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

Shannon Burt, Director Sustainable Environment and Economy

File No:                        I2016/892

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

This report has been prepared to provide Council with an update on the implementation of Resolution 15-651 and the amendments proposed by the NSW Crown Holiday Parks Trust to the Plans of Management for the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks.

 

The proposed amendments have been developed by the Trust to address the concerns raised by Council and the Community to the adopted Plans of Management for each of the Holiday Parks.

 

In relation to the ongoing discussions between Council and the Trust, the Trust is seeking Council’s endorsement of  the proposals detailed in the Briefing Paper – Amendment of Adopted Plans of Management for the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks, Brunswick Heads NSW, including the amendments to the Plan of Management maps, for the purpose of further public consultation as part of a process to review, amend and adopt revised Plans of Management for the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks.

 

  

 

RECOMMENDATION:

That Council for the purpose of the further public consultation:

 

a)      endorse in principle the proposed amendments to the Plan of Management Maps, as detailed in the  Briefing Paper – Amendment of Adopted Plans of Management for the Ferry Reserve, Massey Greene and Terrace           Reserve Holiday Parks, Brunswick Heads NSW; and

 

b)      note the tabling of the draft Plan of Management Maps in the Briefing Paper – Amendment of Adopted Plans of Management for the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks, Brunswick Heads NSW  at the meeting.

 

 

 

 

 


 

Report

 

Council at its ordinary meeting held on 10 December 2015, following consideration of Report 13.18 – Update on s68 applications for Approvals to Operate – Brunswick Heads Holiday Parks, resolved as follows (Resolution 15-651):

 

1.       That Council note the report.

 

2.       That Council develop a Memorandum of Understanding with NSW Crown Holiday Parks

Trust to guide future interaction and relationship between Council and the Trust in performing

Respective roles relating to Crown Reserves in Brunswick Heads

 

3.       That Council invite the NSW Crown Holiday Parks Trust to submit applications for Section 68

Approval with consideration given to the boundaries as stated in resolutions:

·          12/627 of August 2012

·          12/995 of 20 December 2012

·          13/25 of 14 February 2013

·          13/237 of 9 May 2013

·          15/323 of 16 July 2015

 

Special Conditions to include:

·                    Use of the foreshore Area at Ferry Reserve Caravan Park for soft camping only at peak holiday periods i.e. Christmas, Easter, and School Holidays only. Soft camping to be tents and or camper trailers.

 

·          Use of the South End of The Terrace Reserve Caravan Park for soft camping only at peak holiday periods i.e. Christmas, Easter, and School Holidays only. Soft camping to be tents and or camper trailers. (camper trailers to be limited by weight)

 

4.       That Council giving consideration to the parks not currently having a licence to operate,

agree to the parks continuing operating to account for bookings already taken, a new

application for a Section 68 Approval be forwarded to Council for the Commercial Areas of

operation i.e. The Holiday Parks within 3 months.

 

5.       That, should NSW Crown Holiday Parks Trust need more time to review/change the Plans of

Management for the recreational areas, the Trust is to advise Council of the period required

to complete the changes and subsequently submit the application.

 

6.       That Council forward this resolution to the relevant Minister for comment and or advice.

 

Memorandum of Understanding

The Memorandum of Understanding referred to in Part 2 of Resolution 15-651 was an action adopted by Council to guide and improve the ongoing relationship between Council and the NSW Crown Holiday Parks Trust.

 

As previously reported to Council in Report 13.18 – Update on s68 applications for Approvals to Operate – Brunswick Heads Holiday Parks, Council Representatives met with Representatives of the NSW Crown Holiday Parks Trust on Thursday, 8 October 2015 to discuss both the concerns of the community and Council in relation to works on the Brunswick Heads Foreshore Reserves and the applications submitted for the renewal of the S68 Approvals to Operate the Crown Holiday Parks in Brunswick Heads.

 

The meeting was held on a “without prejudice” basis and as such the meeting and the Minutes are regarded as confidential, due to the “commercial in confidence” nature of the matters that were discussed.

 

A further meeting was held on Thursday, 26 November 2015, with representatives of the NSW Crown Holiday Parks Trust to discuss the development of a Memorandum of Understanding between the Trust and Council.  The purpose of the Memorandum of Understanding as previously stated being to guide and improve the future interaction and relationship between the parties, to allow both the Trust and Council perform their respective roles in regard to the care, control and management of the Crown Reserves in Brunswick Heads.

 

The draft Memorandum of Understanding was considered by Council at its Ordinary meeting held on 10 December 2015, and following the adoption of Part 2 of Resolution 15-651, the finalisation of the Memorandum of Understanding was listed for discussion at a teleconference meeting held 27 February 2016.

 

At this meeting it was agreed that rather then focusing on finalising the Memorandum of Understanding, the Trust with reference to the previous discussions and to the Resolutions and special conditions detailed in Part 3 of Resolution 15-651, would concentrate on reviewing and amending (refer Part 5 of Resolution 15-651) the Plan of Management maps for each of the three Crown Holiday Parks in Brunswick Heads being the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks.

 

Proposed Amendments Plan of Management - Maps

On 7 July 2016 a site inspection was conducted by the Trust and attended by Council representatives. The inspection ground-truthed the revised maps prepared by the Trust since the teleconference on 27 February 2016. The maps considered both the operational boundaries of the Holiday Parks and the integration with the adjoining recreational areas, and the Resolutions and special conditions defined by Council in Part 3 of Resolution 15-651.

 

At the Councillor Strategic Planning Workshop held in 11 August 2016, Council received a presentation from the Trust on the Plan of Management amendments proposed for each of the three Brunswick Heads Crown Holiday Parks. This was supported by the Briefing Paper – Amendment of Adopted Plans of Management for the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks, Brunswick Heads NSW, distributed to Councillors prior to the Workshop.

 

Council are reminded that the Briefing Paper was provided to Council on a confidential basis and is not to be disclosed or publicly distributed until the Trust has been able to meet with any of the residents that might be affected by the proposed changes. Based on the timeline provided by the Trust following the Councillor Strategic Planning Workshop, any required consultation with residents will be completed prior to this meeting. On this basis it is proposed to table the amended Plan of Management maps at the meeting.

 

The key Community issues for each of the Holiday parks and the Trust proposal to address each of these issues have been summarised in the following tables:-

 

Table 1 - Ferry Reserve Holiday Park

 

Table 2 – Massey Green Holiday Park

 

Table 3 – Terrace Reserve Holiday Park

 

The Trust has indicated that the proposed amendments to the Plans of Management will be subject to further public consultation and that this consultation will occur in two (2) stages. The first stage will be based on the amendments to the Plan of Management maps and include onsite sessions and inspections arranged for groups of interested members of the public and stakeholders, in conjunction with a submission or feedback process.

 

The second stage will be the formal public exhibition on the draft amendments and will be the formal statutory process. The exhibited draft amendments will be informed by the submissions and public comment from the first stage of the consultation process.

 

The Trust in the presentation to the Councillor Strategic Planning Workshop provided the following framework for the further consultation process.

 

Consultation with Council, Crown lands, park residents and the community undertaken concurrently

 

Council site meeting, briefing and formal response to draft concepts

 

Crown Lands technical review and approval of the Minister to amend the adopted POMs

 

Community consultation to include briefing materials, guided site tours and period for feedback and comment.

 

6 week formal public exhibition period is proposed for draft amendments

 

Residents in parks are key stakeholders with legal rights regarding their tenancy. For this reason the Trust has indicated that it will be briefing residents in regard to the proposed amendments prior to this meeting and the commencement of the consultation with the wider public.

 

Section 68 Applications – Approval to operate a caravan park

 

Points 3, 4 and 5 from Resolution 15-651 state:

 

3.       That Council invite the NSW Crown Holiday Parks Trust to submit applications for Section 68

Approval with consideration given to the boundaries as stated in resolutions:

·          12/627 of August 2012

·          12/995 of 20 December 2012

·          13/25 of 14 February 2013

·          13/237 of 9 May 2013

·          15/323 of 16 July 2015

 

Special Conditions to include:

·                    Use of the foreshore Area at Ferry Reserve Caravan Park for soft camping only at peak holiday periods i.e. Christmas, Easter, and School Holidays only. Soft camping to be tents and or camper trailers.

 

·          Use of the South End of The Terrace Reserve Caravan Park for soft camping only at peak holiday periods i.e. Christmas, Easter, and School Holidays only. Soft camping to be tents and or camper trailers. (camper trailers to be limited by weight)

 

4.       That Council giving consideration to the parks not currently having a licence to operate,

agree to the parks continuing operating to account for bookings already taken, a new

application for a Section 68 Approval be forwarded to Council for the Commercial Areas of

operation i.e. The Holiday Parks within 3 months.

 

5.       That, should NSW Crown Holiday Parks Trust need more time to review/change the Plans of

Management for the recreational areas, the Trust is to advise Council of the period required

to complete the changes and subsequently submit the application.

 

Subsequent to the amendments proposed in this report being made to the Plans of Management, applications under Section 68 of the Local Government Act for an Approval to Operate a Caravan Park that represent the actual site activities for each caravan park can be made to Council.

 

Financial Implications

 

There are no financial implications to Council from this report.

 

Statutory and Policy Compliance Implications

 

The endorsement of the proposed amendments to the Plan of Management maps, for the purpose of further public consultation is regarded part of the process being undertaken by the NSW Holiday Parks Trust to review, amend and adopt revised Plans of Management for the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks.

 

The Plans of Management when adopted will guide the future development and operation of the three Crown Holiday Parks in Brunswick Heads.

 

The operation of caravan parks and camping grounds require Approval to Operate (ATO) under

Section 68 (Part F2) of the Local Government Act 1993. Applications are lodged by the land owner

to continue the operation of caravan park and camping ground activities and application fees are

paid in accordance with Councils’ adopted fees and charges.

 

The process of assessing and determining ATO applications is regulated under Chapter 7 Part 1 of

the Local Government Act 1993. Part of the consideration of such applications involves the

auditing of compliance with the Local Government (Manufactured Home Estates, Caravan Parks,

Camping Grounds and Moveable Dwellings) Regulation 2005 (“the Regulation”).

 

Once it has been determined that the application represents the actual site activities, and satisfies

the requirements of the Regulation, then an ATO approval is granted. Once an approval has been

issued Council may determine to extend or renew an approval (but without changing the terms of the approval) if satisfied there is good cause for doing so.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.11         Mullumbimby Flying-fox Camp Management Actions

Directorate:                 Sustainable Environment and Economy

Report Author:           Greg Shanahan , Natural Environment Policy and Projects Officer

File No:                        I2016/399

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

In response to community concerns regarding the impacts of Flying-foxes on residents adjoining the Mullumbimby Flying-fox camp, funds were allocated to prepare a management plan in line with the Office of Environment and Heritage (OEH) Flying-fox Camp Management Policy (2015).

 

As a means of implementing a more immediate response to the community concerns, environmental consultants Geolink were engaged to produce a simplified plan focused on management actions for the Mullumbimby camp. Savings from the reduced scope are being directed to on-ground works on Council managed land within or adjacent to the Mullumbimby camp in accordance with the Mullumbimby Flying-fox Camp Management Actions (the Plan).  The Plan can guide works for other Flying-fox camps within the Shire, where issues are presently less acute, though possessing the potential for future community problems to arise.

 

The Plan was reviewed by Council staff, Department of Primary Industries (DPI) – Lands and the Office of Environment and Heritage (OEH). Slight changes have been made to the document to reflect comments received.

 

Consultation on the proposed management actions has also been held with the Mullumbimby Bat Camp Residents Action Group (Action Group) and members of the Rotary Club of Mullumbimby who manage the Rotary Rainforest Park bordering the camp. Feedback received from the Action Group and Rotary members regarding the management actions and continuing on-ground works by Council staff has been very positive and supportive.

 

Potential funding for further management actions at Mullumbimby and other Flying-fox camps within the Shire is being considered through the OEH’s “$1 million Flying fox camp management program” grant and through a possible regional application with other NOROC Councils.

 

Due to the operational nature of the Plan with actions already being implemented, the Plan is presented to Council for noting.

 

  

 

RECOMMENDATION:

That Council note the Mullumbimby Flying-fox Camp Management Actions report at Attachment 1 (E2016/18741) and the works already commenced to alleviate impacts between residents and the Flying-fox camps.

 

Attachments:

 

1        Mullumbimby Flying-Fox Camp Management Actions, E2016/18741  

 

 

Background

 

Following a number of complaints regarding the impacts of Flying-foxes on neighbouring Mullumbimby residents, Council at the 30 April 2015 meeting resolved (15-181) to allocate funds towards the preparation of a Flying-fox camp management plan.

 

Resolution (15-181)

1.       That Council note and amend the Draft 2015/2016 Operational Plan and Statement of Revenue Policy (comprising the draft Budget Estimates, Rates and Charges, Borrowings and Fees and Charges) as follows:

 

a)   reallocate $20,000 out of the $33,000 in ledger account number 2606.18 on Page 48  of Attachment 1 "Environmental Levy, Unallocated" to create a new item "prepare  Plan(s) of Management for bat colony(s)" in the same area of Sustainable  Environment & Economy (ie Planning Policy & Natural Environment) or in a more  appropriate area.

Following on from this, Council at the 21 May 2015 meeting resolved:

 

Resolution (15-214)

1.       Acknowledge that there are conflicts (noise, smell) between residential amenity and activity in flying fox camps in at least three urban locations of the Shire;

 

2.       Acknowledge that one such colony (Pine/Palm Avenues in Mullumbimby) resides in a recently planted Crown Reserve under Council control;

 

3.       Consider and undertake any short-term works or measures that (i) do not threaten the species, and (ii) may ameliorate the impacts of the camp on neighbouring residents at Pine/Palm Avenues in Mullumbimby; and

 

4.       Consider and report on similar measures and on the need for Camp Management Plans for camps at Eltham Place in Bangalow and at Beech Drive in Suffolk Park.

 

5.       Receive a report on potential funding sources for the works resulting from Part 3 above, if available funds are not adequate.

 

Information on Parts 3 and 4 of resolution 15-214 is contained in this report.

 

A further $13,300 was allocated to the preparation and implementation of the Flying-fox Plan at the September 2015 quarterly budget review (resolution 15-574), providing $33,300 in total.

 

Report

 

Mullumbimby Flying-fox Camp

The rise in Flying-fox numbers at the Mullumbimby camp (Figure 1) during summer 2014/15 significantly increased impacts on adjoining residential areas, particularly for some residents on Palm Ave.  Two meetings were held with residents and Council staff to discuss their concerns. A Mullumbimby Bat Camp Residence Action Group (Action Group) was formed to bring to the attention of Council and the NSW State Government the negative impacts the camp has on the community including: impacts from noise causing sleep deprivation, impacts from smell and general health concerns.

 

The camp is located along multiple land tenures including Council managed community land, Council managed Crown land and private freehold land – refer to Figure 1 in this report. Crown lands have advised that under presumptive title, management responsibilities reside with the landowners/managers of the respective properties to the middle of creeks.

 

The 19 February, 2016 survey revealed a Mullumbimby camp population of between 2,000 to 3,000 animals.  There appears to have been a shift in the camp’s location from Palm Ave (north) towards Garden Ave (south) (Figure 1). The May 2016 survey revealed a large winter decrease in numbers down to approximately 500, which has suited the implementation of mowing and weeding actions by Council staff.

 

Mullumbimby Flying-fox Camp Management Action (the Plan)

The NSW Government’s Flying-fox Camp Management Policy (2015) encourages local councils to prepare Flying–fox Management Plans for approval by the Office of Environment and Heritage (OEH). OEH can then issue a five year licence for camp management actions which disturb flying foxes or their habitat.  OEH advised that the preparation of a Flying–fox Management Plan is not mandatory. Council may instead assess and undertake works, where significant tree removal is required, following completion of a Review of Environmental Factors (REF).

 

The Mullumbimby Flying-fox Camp Management Actions (the Plan), see Attachment 1, was developed to provide the community with clear information on the ecological niche which Flying-foxes fill. It also provides legislative requirements and approved management actions for appropriate seasonal works. Given the sensitive nature of the vegetation, the ongoing presence of the Flying-foxes and the multiple land tenures, a planned and coordinated approach is required when implementing works. The Plan provides all the information for Council to readily complete a REF should large scale works such as significant tree removal be required.

 

The Plan is consistent with Level 1 (routine camp management actions) and Level 2 (creation of buffers) actions in the Office of Environment and Heritage (OEH) NSW Flying-fox Camp Management Policy 2015. There are no Level 3 (camp disturbance and dispersal) actions.

 

The Plan is a quicker and less expensive option than preparing a complete Flying-fox Management Plan, allowing the allocated budget to also deliver more timely on-ground actions.

 

Short-term (three year) management actions presented in the Plan seek to help alleviate impacts caused by the resident Flying-fox camp on adjacent residential areas without moving the problem elsewhere. The principal management actions are

·    Management Action 1: Community Information and Education

·    Management Action 2: Dwelling Buffers

·    Management Action 3: Roost Habitat Enhancement   

 

Medium to long-term (four to six year) Flying-fox management strategies are included to help further alleviate conflicts between local residents and the Flying-fox camp.

 

Feedback from OEH upon review of the Plan advised “In general, the proposed management approach appears achievable and appropriate”. Other suggestions were addressed within the draft, including the noting that a Section 91 licence would only be required for actions which cannot be assessed under Parts 4 or 5 of the EP&A Act, and the development of a Safe Work Method Statement for the protection of workers and the camp is required.

 

The Plan has been approved by the DPI – Lands as being in accord with their requirements.

 

The Plan has been reviewed by key Council staff in both the Infrastructure Services (IS) and Sustainable Environment and Economy (SEE) directorates who will be implementing some of the Plan’s actions.

 

Members of the Mullumbimby Bat Camp Resident Action Group (Action Group) were given an opportunity to review the Plan. The Action Group supported the recommended weed mitigation works within the northern part of Rotary Rainforest Park while the animals are not present. Their feedback on the Plan was supportive.

 

On ground works (Response to Resolution 15-214 Part 3)

The Rotary Rainforest Park is Crown land managed by Council and Rotary. Rotary have been caring for the park, undertaking tree planting and weed management on an ongoing basis. Due to membership difficulties, maintenance of the park such as weed mitigation works, path maintenance and tree identification plague restoral was temporarily neglected. Council staff have recently supported Rotary by undertaking restoration works enabling Rotary to now upkeep the park.

 

With reduced numbers of Flying-foxes in the northern-most end of the camp, Council is conducting weed management activities, see Figure 1.  The works are in accordance with the guidelines presented in the Plan by reducing weed infestation in a riparian area while safely managing the welfare of the Flying-foxes.

 

Based on the safe work buffer distancing of Flying-foxes greater than 50 m from workers and timing of works from May till the end of July (both of which are recommended in the Plan), Council staff have conducted mowing/brushcutting of paths and removal of sapling weed trees, predominantly Camphor Laurel and Devil’s Fig, in the Rotary Rainforest Park (see Figure 1). Rotary will then continue management of the park, including maintaining access paths, and repairing/uncovering tree name plaques.

 

Flying Fox Camps in Byron Shire (Response to Resolution 15-214 Part 4)

There are currently five main camps in the Byron Shire with current or potential conflicts with residents.

 

In Byron Bay, the Butler Street camp had been largely deserted for the past year, though there has been a return of Flying-foxes in early May 2016. At present there is a natural buffer between residents and Flying-foxes, so no immediate management is required. If the camp continues to grow, a management plan may be required.

 

Also in Byron Bay, a new camp near Middleton Street has formed. With approximately 250 Flying-foxes present for the February 2016 survey the number has risen to 985 at the May 2016 survey, though no complaints have been recorded. Monitoring of the camp will continue.

 

The Suffolk Park camp had approximately 180 Flying-foxes present at the February survey, with the bats favouring the centre of the reserve away from residential dwellings. After initial complaints in 2010/2011, no new complaints have been received in 2015 or 2016. No animals were present at the May survey. Monitoring of the camp will continue.

 

The Bangalow camp with a current Flying-fox February 2016 survey population of approximately 1,000 animals has been a cause of complaints received by Council. A Review of Environmental Factors (REF) was completed in 2015 for the removal of camphor laurel trees to establish a buffer for affected residents. While some remedial pruning was conducted, tree removal was delayed due to the continued presence of Flying-foxes during the winter months. The May 2016 survey revealed a complete absence of animals, so rescheduled works are currently being undertaken.

 

There is an intermittent camp on a large lot residential area in Ewingsdale which has caused concern and property damage for some of the neighbouring residents. Council staff are currently working with residents to provide advice for a safe buffer management based on recommendations in the Plan.

 

Financial Implications

 

Funds from the 2015-2016 budget (approximately $21,000) are being used to implement the Plan’s management actions, including on-ground weed control works and buffer creation at the Mullumbimby and Bangalow Flying-fox camps.

 

A grant application under OEH’s recently opened $1 million Flying-fox camp management program will be considered to further assist in the implementation of the Plan. Staff are exploring options to apply for a regional grant with other NOROC councils.

 

Statutory and Policy Compliance Implications

 

The Plan is consistent with OEH’s Flying-fox Camp Management Policy.

 

 

Figure 1      The Mullumbimby camp footprint and land tenure

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Report No. 13.12         Review of Enforcement Policy

Directorate:                 Sustainable Environment and Economy

Report Author:           Wayne Bertram, Manager Sustainable Development

File No:                        I2016/709

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

Council’s Internal Auditors, Grant Thornton, undertook a review of Council’s Regulatory Enforcement Procedures in December 2014. This review was part of Council’s adopted Internal Audit Plan with the findings identifying that Council Policy and Procedures had a low risk and recommending that Council’s Enforcement Policy be reviewed by July 2016.

 

This report has been provided as a result of the review of the Enforcement Policy.

 

  

 

RECOMMENDATION:

1.       That Council endorse the Draft Enforcement Policy.

 

2.       That the Draft Enforcement Policy be placed on public exhibition for a minimum of 28 days with submissions being received up to 42 days from the commencement of the public exhibition period.

 

3.       That any submissions received as a result of the public exhibition be presented to Council for consideration in determining the adoption of the Draft Enforcement Policy.  In the event that there are no submissions received during the exhibition period, then the Draft Enforcement Policy be adopted and notified in the local paper.

 

Attachments:

 

1        Draft Enforcement Policy, E2016/63482  

 

 


 

Report

 

Background

 

A background review of Byron Shire Council’s (BSC) Regulatory Enforcement processes occurred in December 2014 by Council’s internal Auditor Grant Thornton.

 

This review was part of the adopted 2014/15 Internal Audit Plan for Council and identified areas for improvement including the review of Council Policy and Procedures. The report specifically recommended that Council’s Enforcement Policy be reviewed by July 2016.  This report is provided to Council as a result of a review of the Enforcement Policy.

 

Additionally as a result of a Notice of Motion at the Ordinary Council meeting of the 8 October 2015, Council also resolved 15-524(5):

 

5.       That Council review compliance policy with regards to ensuring environmental protection of public land including sand dunes and beachfront areas and provide a report to Council.

 

This matter has also been considered and included as a related policy for consideration within the Draft Enforcement Policy.

 

Ombudsman’s Guidelines

 

On the 23 December 2015, the NSW Ombudsman’s Office released Enforcement Guidelines and a Model Enforcement Policy for councils which have also been considered as part of the review of Council’s Enforcement Policy.

 

One of the main functions of Council is to act as a regulator for a large range of legal duties and powers given by Acts and the Regulations made under them.  The simple matter of enforcing legislative standards becomes complicated by the decision-making process after an actual offence has occurred.  

 

Under any piece of legislation, be it the Local Government Act 1993, Environmental Planning and Assessment Act 1979 etc. there are specific and legally defined pathways to enter private properties, conduct an investigation, gather necessary evidence and proceed to some educational or punitive resolution of the circumstance. It is not the purpose of this draft Enforcement Policy to separately re-define all the legal precursors of each piece of legislation used by council officers. Council must also be aware that there is a wide variety of legislation that is amended, repealed and introduced by state parliament from time to time. For these reasons, the draft Enforcement Policy has been limited to the general principles independent of the specifics of individual laws.

 

This policy sets out the standards and guidance that will be applied by Council when acting in its role as regulator and enforcement agency across a range of its relevant legal powers and duties.

The policy applies to enforcement and regulation affecting members of the public, (e.g. residents and visitors) and businesses, (e.g. proprietors, employers and employees).

 

However, whilst the policy is intended to be reasonably comprehensive, it cannot cover every situation. Council’s aim is to undertake its regulatory and enforcement role in a fair, open and consistent manner. In doing this it will act in accordance with the guidance and standards set out in this policy. The draft policy is intended to enable consistency of enforcement whilst recognising individual circumstances which may modify the appropriate action to be taken in each case.

 

When adopted, the Enforcement Policy will also provide clarity and specificity to the practises and ‘procedural fairness’ which are recognised by courts and communities across Australia. The details contained in the draft Enforcement Policy will not cause any changes to the way that council conducts its business, as the processes and decisions detailed in the document are currently being adhered to through presently adopted procedures.

 

The review of clauses 1 to 4.13 are based on the NSW Ombudsman Model Compliance and Enforcement Policy Template (December 2015). In this part of the Enforcement Policy Council has inserted some amended objectives, case law quotes and additional definitions. Clause 4.6 has been expanded to address the subject of inappropriate conduct by persons reporting unauthorised activity and unreliable witnesses. The last paragraph of clause 4.10 has been inserted for civilian witnesses outside business hours.

 

The requirement for an annual compliance priorities program is proposed to be continued and has been included in Clause 4.12. Some minor amendments have been made to Clause 4.13 to include matters that may be old, inadequate reporting, trivial or vexatious reports, matters that have already been dealt with and discretionary powers.

 

During an internal consultation process it was established that an important issue for the enforcement policy was in relation to explaining the reasons as to how enforcement decisions are made. Clauses 4.14 to 4.3 are sourced from Council’s existing enforcement policy, which were originally sourced from the NSW Department of Planning and Environment’s Enforcement Policy.

 

Clauses 4.30 to 6.4 are new to draft Enforcement Policy.

 

Financial Implications

 

The presentation of clear and transparent Enforcement Policy has limited financial implications for Council.

 

Statutory and Policy Compliance Implications

 

While legislation does not require that an Enforcement Policy be adopted by Council, the Policy indicates the intent of Byron Shire Council to be open and transparent in enforcement practises. The Enforcement Policy is intended to work in association with the annual Compliance Program to ensure that consistent and defendable outcomes are achieved by all enforcement officers.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         PLANNING - 26.2015.7.1 - Planning Proposal for rezoning of  land at 268 Ewingsdale Road Byron Bay (ex Sunnybrand Chicken site)

Directorate:                 Sustainable Environment and Economy

Report Author:           Alex Caras, Team Leader Land Use Strategy

File No:                        I2016/740

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

 

Summary:

 

This report presents a Planning Proposal for 268 Ewingsdale Road, Byron Bay (the ex-Sunnybrand site), which seeks to alter the land use zone with consequential minimum lot size and floor space ratio changes to provide for industrial development. 

 

The Planning Proposal (included in Attachment 1) seeks to rezone part of Lot 181 in Deposited Plan 755695, approximately 13 hectares, from the existing RU2 Rural Landscape Zone to the IN2 Light Industry zone. The subject land is traversed by a Crown Land drainage reserve described as Lot 7022 in Deposited Plan 1113424. The proposed zone change will also affect this part of this reserve, an area of approximately 0.8 hectares. The balance of the subject land will remain in its current mix of zones. Changes to minimum lot size and floor space ratios will match the proposed zone changes.

 

Council staff have reviewed the Planning Proposal as submitted by the proponent and consider that it has sufficient merit to proceed ahead of an employment lands strategy for the following reasons:

·    the subject land is well located to cater for a growing demand for light industrial lands to meet the needs of the growing economy;

·    it will contribute to the establishment of a wider employment precinct incorporating the adjacent zoned industrial area of West Byron and the nearby Byron Arts and Industry Estate;

·    it has the locational advantage of good transportation linkages including proximity to the Pacific Highway, access to services and a nearness to a workforce and local training opportunities;

·    it is unlikely to be effected by amenity considerations for existing and future residential areas; and

·    the zoning will not cause oversupply problems and reflects a logical response to securing what is effectively existing vacant industrial land brought about by the closure of a chicken processing factory in 2014, a significant local employer.

 

The report recognises that the planning proposal is inconsistent with the Far North Coast Regional Strategy (2006) and Draft North Coast Regional Plan (ie. it is located outside of the Town and Village Growth Boundary areas and not listed as a “proposed future urban release area” or as “Employment Lands”), as well as a number of State Environmental Planning Policies and s117 Directions.  However these inconsistencies are generally a result of the Planning Proposal preceding Council’s employment lands strategy (scheduled to commence later this year) and a deficiency in supporting information accompanying the planning proposal. The reasons outlined above collectively support the planning proposal proceeding ahead of an employment land strategy, while the information deficiency can be addressed by the applicant completing a number of key studies prior to public exhibition. These studies will clarify the extent of the proposed IN2 zone and how the subject land can be serviced and accessed. 

 

The report recommends that the amended Planning Proposal (Attachments 1 and 2) be forwarded to the Department of Planning and Environment for a Gateway Determination conditional on:

i.    The applicant undertaking a number of site specific studies prior to public exhibition;

ii.    The applicant entering into a voluntary planning agreement (as part of the planning proposal) to upgrade the Cavanbah roundabout to a ‘dual lane, concrete roundabout’ with a fourth leg to the south in order to service the proposed industrial development of the subject land;

iii.   An increase in the  minimum lot size to be applied in the proposed IN2 Zone from 1000m2  to 2000m2;  and

iv.  A floor space ratio of 0.9:1 to be applied to the IN2 Zone.

Council staff have discussed with the applicant’s consultant the need to meet these conditions subject to Council and The Department of Planning and Environment supporting the Planning Proposal.

 

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:

That Council:

a)         Forward the Planning Proposal to amend Byron LEP  2014 (Attachment 1) to the NSW Department of Planning and Environment for a Gateway Determination, conditional on the applicant:

(i)        as part of the planning proposal, formally entering into a voluntary planning agreement to upgrade the Cavanbah roundabout to a ‘dual lane, concrete roundabout’ with a fourth leg to the south required to service the proposed industrial development of the subject land; and

(ii)       completing site specific studies on flooding impacts (including filling and drainage), traffic, water and sewerage, bushfire hazard, acid sulfate soils, ecology, Aboriginal heritage and land contamination from past use.  These studies must be prepared to Council’s satisfaction prior to public exhibition of the Planning Proposal; and

b)        Request the Department of Planning and Environment retain delegated authority to make the LEP Amendment, as the subject land is not identified as a future urban release area and is outside the Town and Village Growth Boundary for Byron Bay in the Far North Coast Regional Strategy.

 

Attachments:

 

1        26.2015.7.1 Planning Proposal for Ex Sunnybrand site - 268 Ewingsdale Road Byron Bay, E2016/63752  

2        Assessment of Industrial lands in Byron LGA, E2016/63614  

3        Form of Special Disclosure of Pecuniary Interest, E2012/2815  

 

 


 

Report

 

The Planning Proposal

This Planning Proposal (Attachment 1) relates to land situated at 268 Ewingsdale Road, on the western edge of Byron Bay, described as part Lot 181 in Deposited Plan 755695, as shown in Figure 1.  Lot 181 is approximately 17.4 hectares in area.  It also includes a Crown Land drainage reserve that traverses north east / south west through Lot 181 and described as part Lot 7022 Deposited Plan 1113424 (Figure 2), which is about 0.8 hectares in area. 

The Planning Proposal seeks to rezone approximately 13 hectares of the existing RU2 Rural Landscape zone to IN2 Light Industrial zone. The balance of the subject land will remain as a Deferred Matter under LEP 2014 and subject LEP 1988 zoning provisions.  No change is proposed to the existing height of building control which will remain at 9 metres.  The Planning Proposal will also:

·    change the LEP 2014 ‘Floor Space Ratio’ (FSR) map to apply an FSR of 0.9:1 to the proposed IN2 zone (consistent with Byron Arts & Industry Estate); and

·    change the LEP 2014 ‘Minimum Lot Size’ (MLS) map to apply a 2000m2 MLS to the proposed IN2 zone. This is an amendment to the applicant’s suggested 1000 m2 minimum lot size (MLS) for the proposed IN2 zone.

 

Figure 1: Site Identification Map 

 

 

 

Figure 2: Current Zoning under Byron LEP 2014 and Byron LEP 1988. SEPP 14 Wetland area is shown in blue and Crown drainage reserve is shown in yellow.

 

 

Current Zones and Controls

The land is currently zoned part RU2 Rural Landscape and part Deferred Matter under Byron LEP 2014.  The Deferred Matter land remains zoned part Rural 1(a) General Rural and part 7 (a) Wetlands zone under LEP 1988 as a result of Byron Shire not being permitted to include E2 and E3 zones in its 2014 LEP.  About 13 hectares of the subject land is zoned RU2 and this is the part that the applicant has requested be amended by this Planning Proposal, as shown in Figure 2. The Minimum Lot Size (MLS) for the current RU2 zone is 40 hectares and the height of buildings limit is 9 metres. No FSR currently applies to the RU2 land.

 

Key Issues

·    Far North Coast Regional Strategy

·    Draft North Coast Regional Plan

·    Supply and demand of industrial land

·    Locational considerations

·    Flora and fauna

·    Aboriginal heritage

·    Bushfire hazard

·    Acid sulfate soils

·    Flood prone land, filling and drainage

·    Contaminated land

·    Reticulated sewerage and water supply

·    Traffic

·    Minimum lot size

·    State policy and planning controls

 

Far North Coast Regional Strategy

The subject land is located outside of the Town and Village Growth Boundary areas under the Far North Coast Regional Strategy (2006).  It is not listed as a “proposed future urban release area” or as “Employment Lands”.  The FNCRS does not identify any options for future employment lands in Byron Shire.

However, the proposal specifically responds to the following relevant FNCRS actions:

·    The Regional Strategy requires that Councils identify sufficient new commercial and industrial land to match the needs of the growing economy (page 38)

·    Use of existing vacant industrial land should be considered prior to release of any major new industrial areas (page 37)

·    Councils should plan for future industrial needs within existing urban areas and take into accounts economic markets, SEQ pressure for employment lands, lifestyle opportunities and transport improvements (page 36)

That is:

·    the subject land is well located to cater for a growing demand for light industrial lands to meet the needs of the growing economy;

·    it will contribute to the establishment of a wider employment precinct incorporating the adjacent zoned industrial area of West Byron and the nearby Byron Arts and Industry Estate;

·    this locality has the advantage of good transportation linkages including proximity to the Pacific Highway, access to services and a nearness to a workforce and local training opportunities;

·    it is unlikely to be effected by amenity considerations for existing and future residential areas; and

·    the zoning will not cause oversupply problems and reflects a logical response to securing what is effectively existing vacant industrial land brought about by the closure of a chicken processing factory in 2014, a significant local employer.

 

 

On this basis, the Planning Proposal is consistent with objectives and actions of the FNCRS.

 

Draft North Coast Regional Plan

The DPE has recently released a new Draft North Coast Regional Plan which has been publicly exhibited. The Draft Plan outlines a vision for the future of the North Coast and will guide strategic planning across the region over the next 20 years. An assessment against the Draft North Coast Regional Plan  indicates that the land proposed for rezoning for industrial purposes in the current Planning Proposal is not identified as ‘Proposed Employment Land’ and is not within the ‘Urban Growth Area’ boundary for Byron Bay, as shown in the Urban Growth Area Map for Byron LGA. However, the Draft North Coast Regional Plan (NCRP) specifically recognises that the DPE will be undertaking further work with Byron Shire Council to identify land suitable for inclusion in the urban growth areas and that the relevant maps will be amended accordingly. Given the draft NCRP (Figure 22) shows Byron Shire as having a “limited surplus” of employment land, and given  the planning proposal is consistent with the employment land actions in the Far North Coast Regional Strategy (2006), it would appear likely to be included in any future amendments to the NCRP urban growth area maps.

Staff have had preliminary discussions with DPE about the proposed rezoning of this site and DPE are receptive to receiving a planning proposal in acknowledgement of its past use, location and need for additional employment lands.  Further, DPE have advised that they are still considering council submissions on the draft NCRP urban growth boundaries.  If Council resolves to proceed with this planning proposal then staff will advise DPE of this potential change to the urban growth boundary for Byron Shire.

Supply and Demand for Industrial Land

 

The Planning Proposal precedes a shire-wide review of employment land as part of Councils’ Employment Land Strategy, which is scheduled to commence in 2016/17. For this reason the applicant has produced a report assessing the existing supply of industrial land and the existing and projected future demand for Industrial land (“Assessment of the Industrial Land in Byron LGA, June 2016”) and this is included Attachment 2 to this report.

 

The key findings of this assessment for Byron Shire have been divided into ‘Supply’ and ‘Demand’ below.

 

Supply

There is approximately 77 hectares of zoned industrial land in Byron Shire. Approximately 56 hectares is developed (73%). Some of the remaining zoned but undeveloped land should be discounted (due to physical constraints) leaving approximately 14 hectares as future employment lands. About half of this is part of the recent West Byron LEP amendment.  The discounted amount of zoned land (developed and undeveloped) is 56 plus 14 = 70 hectares.

 

Vacant industrial land in Byron Shire is currently only being offered for sale at Mullumbimby (off the plan) and at Bangalow (one lot). Over the last 6 years vacant industrial land has accounted for only 11% of industrial property sales (13 lots).  A “windscreen” survey of all Byron Shire industrial estates was undertaken on 23 June 2016 to inform the supply assessment findings.  The survey counted 20 vacant and subdivided lots (not including the Mullumbimby “off the plan” lots) of which only one lot was signposted ‘For Sale’.  The lack of recent sales would therefore indicate a lack of supply rather than a shortage of demand.

 

Demand

Estimated demand for industrial land, as correlated to population, was calculated using the methodology developed by the Queensland Department of Business, Industry and Regional Development (DBIRD). Applying this model to Byron Shire indicates that there should be between 63 and 109 hectares of zoned land to service its estimated 2031 population.

 

Table 1 shows how much land Byron Shire should have zoned and available to meet the ‘low’,  ‘medium’ and ‘high’ demand estimates. The medium estimate from this model is 80 hectares of industrial zoned land by 2031. It also shows how the current zoned ‘discounted’ supply of industrial land (70 hectares) will diminish over time and then go into deficit (negative numbers) if more land is not zoned to meet projected demand. Bringing the Supply and Demand findings together we can estimate when Byron Shire will run out of zoned industrial land, based on the Qld DBIRD demand model and existing zoned supply. 

 

Under the ‘low’ estimate demand scenario Byron Shire industrial land demand can be met by the existing supply of zoned land (to 2031), while under the ‘medium’ or ‘high’ demand scenarios it has already exceeded supply.  In the absence of an employment lands strategy (to be prepared in 2016/17) a ‘medium’ demand scenario is considered a reasonable basis for estimating future demand.

 

Table 1:   Supply and demand table for industrial land in Byron Shire (based on existing ‘discounted’ supply of 70 hectares)

 

 

Population (Year)

Low

Medium

High

Low- (1.75 ha) / per

1000 pop.

Available Zoned land (ha)

Medium- (2.2 ha) /

1000 pop.

Available Zoned land (ha)

High- (3.0 ha) /

1000 pop.

Available Zoned land (ha)

32,250 (Yr.2016)

56

14

71

-1

97

-27

33,650 (Yr.2021)

59

11

74

-4

101

-31

35,000 (Yr.2026)

61

9

77

-7

105

-35

36,200 (Yr.2031)

63

7

80

-10

109

-39

 

In support of the ‘medium’ and ‘high’ demand scenarios above , a recent industrial land release at Mullumbimby (“off the plan”) resulted in 8 of the 11 lots being tentatively sold in a short period. This response provides a good indication of unmet demand for vacant industrial land.

 

On this basis Council should be looking to increase the supply of industrial zone land.

 

North Coast Employment Land Review (2015)

In 2015 the NSW government engaged Macro Plan Dimasi (MPD) to assess the supply and demand for industrial land in North Coast LGA’s, including Byron Shire.  The North Coast Employment Land Review, 2015 was prepared as a background document to the draft North Coast Regional Plan. It assessed the zoned industrial land supply in Byron Shire at 66 hectares and used a gross floor space model assuming a 0.4% per annum LGA population growth and continued job losses in traditional industries associated with industrial land (only 51 new jobs assumed between 2011 and 2031).  It concluded that Byron Shire will only use between 4.9 and 6.5 hectares of industrial land between 2011 and 2031.  It also concluded that based on current zoned land Byron LGA will still have a 22 hectare surplus of industrial zoned land by 2031 and therefore has sufficient zoned land to meet its foreseeable requirements.  The study cautioned that it did not discount any zoned land for physical constraints and has not considered if zoned land is available in the market preferred locations. It suggested that these factors may result in more zoned land being required, which is already supported by anecdotal evidence in the Shire.

 

The MPD study is very conservative. Its conclusion that there will still be 22 hectares of existing zoned industrial land vacant and available in 2031 does not match the current estimate that there is only 14 hectares vacant and available in 2016 (based on discounting and a “windscreen” survey). The applicant’s industrial land assessment (Attachment 2) appears to provide a more accurate basis for projecting future industrial demand in Byron Shire. The Qld DBIRD demand model is more simplistic but its results appear to match recent market responses such as the Mullumbimby “off the plan” sales.

 


 

Locational Considerations

The subject land is located immediately adjacent to an existing industrial zone (West Byron) and in close proximity to the Byron Arts and Industry Estate.  This combined with its previous ‘industrial’ use would make the subject land a logical candidate for consideration in an employment lands strategy. As noted under the discussion on the FNCRS, this locality has the advantage of good transportation linkages including proximity to the Pacific Highway, access to services and a nearness to a workforce and local training opportunities.

 

Flora and Fauna (Ecology)

The Planning Proposal does not seek to rezone areas subject to LEP 1988 which are known to be ecologically significant.  However, site specific flora and fauna studies have not been undertaken to confirm that there is no critical habitat or threatened species, populations or ecological communities on the remainder of the subject land. Such studies also would need to assess the ecological values of the unmade road reserve between the subject land and IQ quarry, as the applicant expects to use this as the primary access into the site.  The road reserve is currently identified by Council as containing high environmental value vegetation.

 

If a Gateway Determination is issued it should be conditional on a detailed flora and fauna assessment being completed to Council’s satisfaction prior to public exhibition.  The final IN2 zone boundary may need to be modified to reflect the findings of this work.

 

Aboriginal Heritage

An AHIMS search undertaken by Council in July 2016 with a 200 metre buffer around the site indicates that there is a registered Aboriginal site on or within 200 metres of Lot 181. It is important that more information is known about the potential Aboriginal heritage significance of this site before the Planning Proposal proceeds to public exhibition.  Consultation with the local Aboriginal community is also required.

 

If a Gateway Determination is issued it should be conditional on an Aboriginal cultural heritage assessment including liaison with the local Aboriginal community, being completed prior to public exhibition. This should cover all of the site and the unmade road reserve between the subject land and IQ quarry.

 

Bushfire Hazard

The forest and remnant vegetation located at the rear and near the side boundaries of the subject land is classified as bushfire prone land and /or buffer area.

 

A bushfire hazard report has not been undertaken and there has been no consultation with the Rural Fire Service (RFS). The consultation cannot take place until a bushfire hazard assessment has been undertaken and submitted to the RFS.

 

If a Gateway Determination is issued it should be conditional on a bushfire hazard assessment being undertaken prior to public exhibition, which identifies how bushfire risk/s associated with the change of land use will be managed. It is important that any required bushfire asset protection zones are contained on the subject land and do not impact on ecologically sensitive vegetation on or off the subject land.

 

Acid Sulfate Soils

The subject land is affected by acid sulfate soils (ASS Class 3 and 2).  The applicant has not produced an acid sulfate soils assessment to indicate how this issue will be dealt with in a future industrial area.

 

Byron LEP 2014 contains clause 6.1 to address ASS in any future Development Application but Council needs to be confident that the change of land use is appropriate in this case and that any risks can be property managed.

 

If a Gateway Determination is issued it should be conditional on an acid sulfate soils assessment being undertaken prior to public exhibition. 

 

Flood Prone Land, Filling and Drainage

 

Flooding and Fill

Most of the land to be zoned IN2 in this Planning Proposal is flood prone in a 5 Year ARI event or greater.  Although it is low lying, it is not a known floodway.

 

The applicant indicates they would be filling the proposed IN2 zoned land to a level of 2.9m AHD, which equates to the 1% AEP design flood event with provisions for the 2050 Climate Change planning horizon (as per Belongil Creek Floodplain Risk Management Plan, 2015).  The landform of the site varies between 1.6 m AHD to 2.6 m AHD so the site will need between 30 cm and 1.3 m of fill to achieve the required levels.

 

However, the applicant has not produced a flood study to allow Council to assess the impacts of fill on the flow characteristics of flood water and flooding or stormwater on the subject land and other properties or developments. Nor has the applicant indicated where the fill will come from for the 13 hectare site, given this site will also be competing with other West Byron land for suitable fill.  This could put back the timing of the industrial land coming onto the market. It will also add to the cost of the lot production on this site.

 

Council acknowledges that the provisions of existing clause 6.3 – Flood Planning of the Byron LEP 2014 will apply at development stage.  If a Gateway Determination is issued it should be conditional on a flood impact study being completed to Council’s satisfaction prior to public exhibition, which assesses the appropriateness of the change of land use and the impact of filling in the proposed IN2 area.  The study also should provide an indication of how much fill is required and where it might come from, as well as address current site drainage and future solutions (discussed below).

 

Drainage

The subject land contains a large drain that takes water both from this site and the land north of Ewingsdale Road (sports fields and industrial area). Any filling of this site will need to consider the ability for the existing drain to receive/manage future stormwater flows, or an alternative drainage solution. 

 

A Crown land drainage reserve also exists on the site (Lot 7022), although it doesn’t align with the existing drain and appears that it is not being used for drainage purposes.  Council has received correspondence from the Department of Primary Industries – Lands (DPI) regarding an application to purchase part of Lot 7022, being the drainage reserve on the subject site (Figure 2).  DPI is currently seeking Council’s comments on the application and is of the view that any industrial rezoning/subdivision of the site should contain drainage works that takes into consideration storm water flows that normally would have flowed through Lot 181 via the Crown Land drainage reserve. 

 

Given the uncertainty regarding the future status of the Crown land drainage reserve and noting that the subject land adjoins and drains into a SEPP 14 Wetland, it is important that future site drainage and stormwater management can be addressed holistically as part of this planning proposal.

 

Contaminated Land

Council considers that the past land use as a poultry abattoir (including wastewater disposal) along with poultry growing sheds places the subject land in a high risk category for land contamination.

 

At this stage there is insufficient information to be certain that the subject land is not contaminated; or if it is contaminated, that it can be remediated to an appropriate standard.

 

It is acknowledged that the applicant is proposing to use the land for industrial purposes, as opposed to more sensitive uses such as residential.  If a Gateway Determination is issued it should be conditional on a contamination assessment being completed to Council’s satisfaction prior to public exhibition. It will need to demonstrate that the land proposed to be zoned IN2 is either free from contamination or can be remediated to appropriate standards.  

 

Reticulated Sewerage and Water Supply

The water and sewer demands of the area to be rezoned IN2 are not known at this stage, given the likely yield of the site this has yet to be determined. The site was once the single largest water user in Byron Shire and therefore it is likely to have adequate water supply “credits” to cater for use as future industrial land. 

 

The site is not connected to reticulated sewerage and no entitlement currently exists.  Connection to sewerage will need to occur if the IN2 zone proceeds.  Council engineers advised in 2015:

 

“A design for sewerage connection was prepared some years ago for an on-site sewage pump station and rising main to the sewerage treatment plant but work did not proceed. Capacity is currently available at the Byron STP subject to approvals, hydraulic assessments and payment of infrastructure (s64) contributions.”

 

If a Gateway Determination is issued it should be conditional on a detailed water and sewerage assessment being completed to Council’s satisfaction prior to public exhibition.

 

Traffic

Traffic is a significant issue for this site.  Due to significant through-traffic volumes on Ewingsdale Road the current direct access arrangement from the site from Ewingsdale Road is unlikely to be suitable for an additional 13 hectares of IN2 land, given the variety of traffic generating uses possible.  The long term plan for Ewingsdale Road is to prevent direct access to Ewingsdale Road for new development.  Access to this classified road should be via controlled intersections.  Clause 101 of State Environmental Planning Policy (Infrastructure) 2007 requires that “where practicable, vehicular access to the land is provided by a road other than the classified road”.  It is acknowledged that this planning proposal is not a development application to which this clause of the SEPP strictly applies but the principle espoused in the SEPP has been applied by the RMS and considered by Council to previous planning proposals (Seniors Living and West Byron) on Ewingsdale Road.  The likely solution is to use the unmade road reserve linking with the Cavanbah roundabout to the west of the site on Ewingsdale Road for primary access and to provide an internal link between the subject land and the recently rezoned West Byron industrial area.  There has been no analysis of traffic generation from the site or its impacts on Ewingsdale Road and the nearby roundabout.  The current configuration of the Cavanbah roundabout is not suitable for a fourth leg to the south and its design is not suitable for the heavy vehicles likely to be generated by industrial use.  Council currently has consultants preparing concept designs for an upgrade of the Cavanbah roundabout to a dual lane concrete roundabout with a fourth leg to the south.  The current intersection is suitable for the existing traffic on Ewingsdale Road.  The upgrade of the intersection would be 100% attributable to this development as the industrial development is the only reason to upgrade this intersection. 

 

If a Gateway Determination is issued it should be conditional on a detailed traffic impact assessment being completed to Council’s satisfaction prior to public exhibition.  The traffic impact assessment should include a demand transport model.  The model should use the applicable generation rates from RMS Technical direction TDT 2013/ 04a or the RTA guide to Traffic Generating Developments.  This report will also need to assess the potential for road linkages back through the proposed West Byron industrial land and the reconstruction of the Cavanbah roundabout.

 

Minimum Lot Size 

The provision of a range of lot sizes in the industrial land market is considered highly desirable and there is anecdotal evidence that existing industrial clients are seeking larger lots to accommodate existing/future expansion requirements.  The applicant’s original planning proposal suggested a 1000 m2 minimum lot size (MLS) for the proposed IN2 zone, consistent with nearby IN2 zoned land. However a MLS of 2000 m2 would encourage larger lots that complement the existing supply of smaller lots (eg MLS 1000 m2) from other industrial estates and increase opportunities to accommodate existing/ future expansion requirements.  Therefore the Planning Proposal contained in Attachment 1 (as amended) applies a 2000 m2 MLS to the proposed IN2 land.

 

State Policy and Planning Controls

The Planning Proposal is generally consistent with the applicable State Environmental Planning Policies, however it is inconsistent with SEPP 44 Koala Habitat Protection and SEPP 55 Remediation of Land. These are addressed in more detail in the attached Planning Proposal (Attachment 1).

 

The Planning Proposal is generally consistent with a number of relevant Section 117 Directions. The absence of site specific studies and the absence of an adopted employment lands strategy means that it is justifiably inconsistent with Direction 1.1 -  Business and Industrial Zones;  1.2 - Rural Zones; 1.3 - Mining, Petroleum Production and Extractive Industries; 1.5 -  Rural Lands  and 5.1- Implementation of Regional Strategies .

 

In the absence of site specific studies it is also inconsistent with 2. 3 - Heritage Conservation; 4.1- Acid Sulfate Soils; 4.3 - Flood Prone Land and 4.4 - Planning for Bushfire Protection. 

All Section 117 Directions are addressed in more detail in the Planning Proposal (Attachment 1).

 

Consultation with Applicant

Council staff have had two meetings and ongoing discussions with the applicant’s consultant about key issues to be addressed as part of this planning proposal.  These issues have been conveyed to the applicant and include: key studies to be completed prior to public exhibition (8 in total); amendment of the minimum lot size within proposed IN2 Light Industrial zone; and a voluntary planning agreement to upgrade the Cavanbah roundabout to a ‘dual lane, concrete roundabout’ with a fourth leg to the south in order to service the proposed industrial development of the subject land.

 

Options to Move Forward

The Council has the following options in regards to this matter:

1)   [Recommended]  Proceed to a Gateway Determination with the Planning Proposal (Attachment 1) subject to:

a)   The studies listed below being completed prior to public exhibition. The primary aim of such studies being to identify the acceptable environmental and infrastructural requirements necessary to enable the subject land to accommodate light industrial development in an environmentally sustainable way:   

i)    Flora and fauna assessment

ii)   Aboriginal cultural heritage assessment

iii)   Bushfire hazard assessment

iv)  Acid sulfate soils study

v)   Flood impact study including drainage and stormwater management

vi)  Contamination assessment

vii) Water and sewerage assessment

viii) Traffic impact assessment

b)   An increase in the  minimum lot size to be applied from 1000m2  to 2000m2

c)   A floor space ratio of 0.9:1 to be applied to the IN2 Zone

d)   The applicant, as part of the planning proposal, entering into a voluntary planning agreement to upgrade the Cavanbah roundabout to a ‘dual lane, concrete roundabout’ with a fourth leg to the south in order to service the proposed industrial development of the subject land.         

2)   Not proceed with the Planning Proposal at this time and request that the range of additional studies be undertaken and the matter: (i) be brought back to Council for consideration as part of an updated Planning Proposal, or (ii) be assessed as part of the upcoming employment lands strategy in 2016/17.

3)   Not proceed any further with the Planning Proposal.

 

Conclusion

The Planning Proposal attached to this report is an amended version of the one submitted by the applicant. The main amendment is that the 1000 m2 MLS proposed by the applicant has been increased to a 2000 m2 MLS to complement the existing supply of smaller lots (eg MLS 1000 m2) from other industrial estates and increase opportunities to accommodate existing/ future expansion requirements.

 

There is sufficient merit to enable Council to support the amended Planning Proposal and forward it to the Department of Planning and Environment for a Gateway Determination.  However Council’s support should be conditional on the applicant completing the following site specific studies prior to public exhibition of the Planning Proposal, as a condition of the Gateway Determination: flooding impacts (including filling and drainage), traffic, water and sewerage, bushfire hazard, acid sulfate soils, ecology, Aboriginal heritage and land contamination.

 

Financial Implications

 

If Council chooses to proceed with the Planning Proposal, it is able to recover the processing costs for an applicant-initiated LEP amendment.  Council has already received an amount from the applicant to cover initial costs associated with preparing this Council report.  If the Planning Proposal is to proceed through the Gateway Determination process then full cost recovery of the remaining stages will be required by Council.  If the applicant chooses not to pay then the Planning Proposal will not proceed.

 

If Council chooses not to proceed then the matter does not incur any additional costs.

 

Statutory and Policy Compliance Implications

 

The relevant policy considerations are addressed above and in the attached Planning Proposal.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.14

 

 

Report No. 13.14         PLANNING - Submissions Report - 26.2015.3.1 - Planning Proposal for Housekeeping General Policy Amendments to Byron LEP 2014

Directorate:                 Sustainable Environment and Economy

Report Author:           Fiona Sinclair, Planner

Alex Caras, Team Leader Land Use Strategy

File No:                        I2016/792

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

This report presents the outcomes of the public exhibition of a Council initiated planning proposal to undertake a number of policy related ‘housekeeping’ amendments to Byron Local Environmental Plan (LEP) 2014.

 

Council initiated the planning proposal as part of it’s annual ‘housekeeping’ review of LEP 2014, to ensure the planning instrument is kept up to date and contains the planning controls desired by Council and the community.

 

The planning proposal (included as Attachment 1) describes eighteen separate and unrelated amendments to LEP 2014. Twelve of the amendments (Items A to L) involve changes to the written provisions in the LEP which are general in nature. The other six amendments (Items M to R) relate to specific land parcels and involve changes to the permissible uses on the land and/or changes to LEP maps.

 

The Planning Proposal received an initial Gateway determination from the Department of Planning and Environment on 2 November 2015. A revised Gateway was issued on 3 June 2016 following Council’s request for an extension of time in order for additional technical studies and maps to be prepared, as required by the Gateway conditions.

The Planning Proposal was placed on public exhibition for a period of 14 days from 16 to 30 June 2016. Six public submissions were received during the exhibition period, in addition to submissions from the NSW Office of Environment & Heritage and NSW Rural Fire Service.

 

Of the six public submissions received:

·    one was in support of Item J which proposes a new clause in the LEP to enable certain subdivision (sometimes referred to as a special purpose subdivision) to be approved on land zoned RU1 and RU2.

·    one raised a matter unrelated to the planning proposal which can be addressed in the next round of ‘housekeeping’ LEP amendments.

·    four were in objection to Item O (Jones Road, Wooyung).

 

Submissions to Item O

Item O proposes to make a dwelling house permissible with consent on a 5.3 hectare rural lot at Jones Road, Wooyung described as Lot 1 DP 394451. The subject land contains mapped ‘high environmental value’ (HEV) vegetation, two registered Aboriginal cultural heritage sites and it adjoins a nature reserve under the National Parks and Wildlife Act.  The public submissions received in relation to Item O and the agency submission from the NSW Office of Environment & Heritage all raised concerns about the potential impacts of a future dwelling on the high biodiversity and Aboriginal cultural heritage values of the land.

 

Preliminary technical studies  (in regards to Aboriginal Cultural Heritage, Potential Contaminated Land and Bushfire Hazard) were prepared to support the application for a dwelling entitlement on Lot 1 DP 394451. All indicate that the subject land is suitable for a dwelling house. The Contaminated Land and Bushfire Hazard reports were peer reviewed by Council staff who concur with the findings. The Aboriginal Cultural Heritage Due Diligence assessment was reviewed by the NSW Office of Environment & Heritage who requested further information (refer Attachment 4).

 

In response to the comments received from the OEH and in the public submissions, staff requested further information in regards to bushfire protection. The additional information submitted (refer Attachment 5) sufficiently demonstrates that an indicative dwelling envelope with the required bushfire asset protection zones can be accommodated on Lot 1 DP 394451 Jones Rd, Wooyung, without unacceptable impacts on HEV vegetation or known Aboriginal cultural heritage sites. It is recommended that this additional information be included in the final planning proposal.

 

Further environmental assessments can be carried out at the development application stage, including a detailed flora and fauna survey and preparation of a vegetation management plan, to ensure the protection of HEV vegetation and threatened species and determine whether bushland restoration and/or compensatory plantings are required to mitigate any impacts from development of a single dwelling house on the land. On this basis there is no reason why a dwelling entitlement cannot be granted for Lot 1 DP 394451.

 

An amendment to the Lot Size Map is also required to enable a future development application for a dwelling house on Lot 1 DP 394451 to comply with Clause 4.2A 3(a) of LEP 2014 which states:

 

(3) Development consent must not be granted for the erection of a dwelling house or a dual occupancy on land to which this clause applies unless the land:

(a) is a lot that is at least the minimum lot size shown on the Lot Size Map  in relation to that land

 

This report recommends that Council proceed with the planning proposal (as contained in Attachment 1) with two amendments, as follows:

 

1.  Amend Item O in the planning proposal to include the following map change:

·   Amend map sheet ‘LSZ_002’ to change the minimum lot size for the RU2 zoned part of Lot 1 DP 394451 Jones Road, Wooyung from 40ha to 2ha.

 

2.   Insert the additional information received regarding Bushfire Protection for Lot 1 DP 394451 (refer Attachment 5) into ‘Appendix 2 – Supporting Assessment Reports for Item O’ of the planning proposal.

 

The Minister for Planning and Environment has issued an authorisation for Council to exercise delegation to make this LEP amendment should Council decide to proceed with it. 

 

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:

That Council:

 

1.       Make the following amendments to the planning proposal (Attachment 1):

a)           Amend Item O in the planning proposal to include the following map change:

 

·        Amend map sheet ‘LSZ_002’ to change the minimum lot size for the RU2 zoned part of Lot 1 DP 394451 Jones Road, Wooyung from 40ha to 2ha.

 

b)         Insert the additional information received regarding Bushfire Protection for Lot 1 DP 394451 (refer Attachment 5) into ‘Appendix 2 - Supporting Assessment Reports for Item O’ of the planning proposal.

 

 

2.       Forward the planning proposal (as amended) to the NSW Parliamentary Counsel’s Office requesting that a draft LEP instrument be prepared.

 

3.       Liaise with Parliamentary Counsel’s Office (PCO) as necessary to finalise the content of the draft LEP and to enable PCO to issue an Opinion that the plan can be made.

 

4.       Make the draft LEP under delegated authority and forward the plan to the NSW Department of Planning and Environment for notification on the NSW Government legislation website.

 

Attachments:

 

1        Planning Proposal (public exhibition version), E2016/42116  

2        Confidential - 26.2015.3.1 Submissions, E2016/67382  

3        NSW Rural Fire Service submission, E2016/38932  

4        NSW Office of Environment & Heritage submission, E2016/68212  

5        Additional information for Item O regarding Bushfire Protection, E2016/76500  

 

 


 

Report

Background

At the Ordinary Meeting of 17 September 2015, Council considered a planning proposal to undertake eighteen separate amendments to Byron Local Environmental Plan (LEP) 2014 and resolved to send the planning proposal to the NSW Department of Planning and Environment for Gateway Approval (15-475).

 

Council initiated the planning proposal as part of it’s annual ‘housekeeping’ review of LEP 2014, to ensure the planning instrument is kept up to date and contains the planning controls desired by Council and the community.

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