Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 17 November 2016

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

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

 

 

                                                                                                                                                                                  

Ken Gainger

General Manager

 


CONFLICT OF INTERESTS

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

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

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

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

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

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

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

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

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

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

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

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

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

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

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

Disclosure and participation in meetings

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

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

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

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

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

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

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

Non-pecuniary Interests - Must be disclosed in meetings.

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

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

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

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

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

RECORDING OF VOTING ON PLANNING MATTERS

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

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

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

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

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

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

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

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

 


BYRON SHIRE COUNCIL

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

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

6.    Adoption of Minutes from Previous Meetings

6.1       Ordinary Meeting held on 27 October 2016

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Independent Testing of Steam Weeding Devices............................................................. 5

9.2       Support for the Safe Haven Enterprise Visa Scheme...................................................... 6

9.3       Amendment to Council Resolution 16-464....................................................................... 8

9.4       Employment of Night Time Compliance Officers for Summer Period.......................... 14

10.  Petitions

11.  Submissions and Grants

12.  Delegates' Reports  

13.  Staff Reports

Corporate and Community Services

13.1     Review of Outstanding Council Resolutions................................................................... 15

13.2     Council Budget Review - 1 July 2016 to 30 September 2016........................................ 18

13.3     Request for a Section 356 Donation............................................................................... 28

13.4     Appointment of community members to Section 355 Management Committees and Boards     31

13.5     Councils Investments 1 October to 26 October 2016..................................................... 36

13.6     Presentation of 2015/2016 Financial Statements........................................................... 42

13.7     Councillor Representation on Destination Byron............................................................ 45

13.8     North Byron Parklands Regulatory Working Group - Community Representatives...... 47

Sustainable Environment and Economy

13.9     PLANNING - Environmental Zones (E Zone) - process to amend Byron LEP 2014..... 51

13.10   Local Heritage Places Grants 2016-17 .......................................................................... 58

13.11   PLANNING - Draft Byron DCP 2014 - Chapter E8 West Byron Urban Release Area - Submissions Report.............................................................................................................................. 60

13.12   PLANNING - BSC ats Koho Projects Pty Ltd LEC 266825 of 2016 ............................. 65

13.13   PLANNING - 5.1986.278.2 S96 Application to relocate carparking associated with Byron Services Club, to facilitate the Byron Bay Bypass at 132-138 Jonson Street Byron Bay............. 75

Infrastructure Services

13.14   Council Part Road Reserve Closure and Subsequent sale at end of Durrumbul Road Adjoining Lot A DP 389649....................................................................................................................... 89   

14Questions With Notice

Nil   

15.  Late Reports

15.1     Amendment of General Manager delegation................................................................ 101

 

 

 

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     Independent Testing of Steam Weeding Devices

File No:                                  I2016/1159

 

  

 

I move:

 

That Council initiate an independently monitored test of locally available steam weeding devices and that the results are reported to Council.

 

 

 

 

 

Signed:   Cr Simon Richardson

 

Councillor’s supporting information:

 

Byron Shire Council has deservedly received great kudos for aspiring to become chemical free in our weed management program. Though we have come a long way, it is now appropriate to test the effectiveness of the options available to us to ensure our rate payers are receiving the most cost efficient and effective service possible. Currently Council operates a system, with another operated privately and regularly sub contracted by Council.

 

The independently overseen comparison should consist of an agreed upon set of test conditions and performances and a report comparing cost, speed, effectiveness and any other strengths and weaknesses of the two systems also documented.

 

Staff comments by Michael Matthews, Manager Open Space and Resource Recovery, Infrastructure Services:

 

Staff support the trial of comparing steam weeding devices.  It is hoped that such a trial will greater inform Infrastructure Services of the most effective tool for particular maintenance activities, enabling refinement and continual improvement of steam weeding and cleaning activities and programs.

 

Financial/Resource/Legal Implications:

 

Preliminary assessment of cost is up to $10,000 which includes an independent consultant to undertake a specification comparison review across available products and to independently assess their effectiveness. A more precise budget will be developed once staff have a better understanding as to the level and range of expertise required to undertake this task.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes

 

Steam weeding and cleaning program which is a relatively new program to Council that supports Council’s aspirations to become chemical free.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Support for the Safe Haven Enterprise Visa Scheme

File No:                                  I2016/1160

 

  

 

I move:

 

That Council write to the Hon. Catherine Cusack, MLC, indicating the Byron Shire community's willingness to participate in the Safe Haven Enterprise Visa Scheme.

 

 

 

Attachments:

 

1        NSW Government The Hon Catherine Cusack MLC Parliamentary Secretary to the Premier - Safe Haven Enterprise Visa Scheme, S2016/12102  

 

 

Signed:   Cr Simon Richardson

 

Councillor’s supporting information:

 

Just after the recent Council election, the following letter was received. I believe that there will be solid support from the community to welcome new arrivals into the shire.

 

Staff comments by Sarah Ford, Manager Community Development, Corporate and Community Services:

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

 

Background

In June 2015 Council signed the Refugee Welcome Zone Declaration, an initiative of the Refugee Council of Australia. There are currently 143 Refugee Welcome Zones in Australia.

 

A Refugee Welcome Zone is a Local Government Area that has made a commitment to welcoming refugees into the community, upholding their human rights, demonstrating compassion and enhancing cultural and religious diversity in the community.

 

By making this Declaration, Local Government Areas are encouraged in their continuing efforts to support the men, women and children who make the difficult journey to Australia to seek our protection.

 

Safe Haven Enterprise Visa

The Safe Haven Enterprise Visa (SHEV) gives asylum seekers an alternative to the Temporary Protection Visa, with a five year option to live, study and work in regional NSW only. The NSW Government is committed to working with the Commonwealth Government and service providers to achieve the best outcomes for asylum seekers and refugees living in NSW by providing access to a range of Commonwealth and NSW Government services.

 

A critical feature of success for the program is ensuring regional communities interested in welcoming refugees and asylum seekers have the infrastructure and services to support them including employment services, primary and secondary education, TAFE, Medicare and mental health support.

 

If Council were to endorse the Notice of Motion to nominate to host SHEV holders in the Shire, the following steps should be taken:

 

1)   Council seek further information from Multicultural NSW about the SHEV scheme including best ways to ensure successful resettlement outcomes

 

2)     Council work with Multicultural NSW and service providers to identify the appropriate mix of services, infrastructure and support required to ensure the best outcomes for refugees and asylum seekers and assess this against available local infrastructure and human services

 

Financial/Resource/Legal Implications:

 

There are minimal financial implications however further staff resources would be required to investigate the potential for a successful SHEV scheme locally.

 

Is the proposal consistent with any Delivery Program tasks?

 

The Notice of Motion action is consistent with the Community Strategic Plan Community Outcome SC3 – Respect and understanding of Aboriginal heritage and wider cultural diversity, and the Community Strategy SC3.3 Encourage and support residents from cultural and linguistically diverse backgrounds to participate in all aspects of the community.

 

The proposal does not link with any current Delivery Program tasks.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Amendment to Council Resolution 16-464

File No:                                  I2016/1164

 

  

 

I move that Council amend Resolution 16-464 to include the following:

 

a)    Ferry Holiday Park boundary remains along the southern edge of Riverside Cres road reserve.

 

b)    The western park boundary of Massy Greene is aligned with the existing picket fence, retaining part of Lot 7005, under Council management for public use and to prevent over-development along the foreshore.

 

c)    Terrace Park Boundary remains on Southern side of Fingal St with the 12 public car parking spaces retained for shared use and the footpath reinstated to provide safe access to the pedestrian bridge.

 

d)    The southern section of Terrace Park has never been included within the holiday park boundary – instead park license contains special conditions for use of this site.

 

e)    Request Council to clearly delineate a foreshore boundary along the top of the riverbank in all three caravan parks.  The public walkway must remain public land outside the operational area of the caravan parks.

 

f)     Request that NSW Holiday Parks Trust adhere to a 10m building setback from the foreshore boundary for all built structures (including new cabins and camp kitchens) in all caravan parks.            

 

g)    Request CHPT provide a definite time frame and strategic plan for the reinstatement of the buffer zone/public walkway along the top of the Simpson's Creek riverbank in POM. 

 

 

 

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

 

a)      The existing boundary of Ferry caravan park is aligned along on the southern edge of the former road reserve, Riverside Crescent and should remain because:

 

i.   NSWCHPT has provided no evidence to support any existing use rights for the use of Ferry foreshore as part of the caravan park.  The operational boundary excluded all the area between the MHWM and the former road reserve. License conditions permitted unpowered tent sites on the foreshore at Xmas and Easter only. This area was recognised by Council, in 1988 as an illegally encroached area and the 2012 licence agreement excluded this area.   

 

ii.  In May 2012 Crown Land acquired Riverside Crescent and Part of Old Pacific Hwy under compulsory acquisition adding approx 12,000sq to the Reserve.  Ferry Holiday Park must be viewed as a new park with new boundaries. The additional land offers development opportunities to the Trust without the use of the foreshore land between the southern edge of Riverside Crescent and the MHWM.

 

iii.  The subject foreshore land is currently zoned (9a), (7b) as per the 1988 LEP and (RE1) under the 2014 LEP.  The (9a) and (7b) is part of an E Investigation Area.  Part of the (RE1) zoned area is the former road reserve, Riverside Crescent

 

iv. Council's Reserve Trust Committee's papers of 30 November 2004 p10 in part reads:

"By 1963 the foreshore area was used regularly as a picnic area and featured swings and a public toilet block.  It was also proving to be a popular resting place for travellers using the Pacific Highway.  A departmental report at the time noted that several tents and caravans occupied the area during holiday periods.  It recommended that these activities be discouraged in view of the limited area.  The need for additional clearing and filling of low-lying sections of the reserve prior to any further development was also foreshadowed.

 

In 1969 Council declared its intention to develop a caravan park on the site and asked the Department of Lands to add more land to the reserve.  On 23 October 1970 a further 4 1/2 acres were added to the reserve.  This followed the opening of a new public road through the reserve (Riverside Drive) along the alignment of the existing rack and closure of the unused road reserve.

 

By 1977 Ferry Reserve Caravan Park had 166 sites and was included in a state-wide schedule of "Coastal Caravan Parks and Camping Grounds on Foreshore Recreation Reserves" tabled in Parliament on 7 October 1977.  This schedule confirmed a decision by the previous government to retain the caravan park with "no vans to be allowed on the strip between the road and the river”.

 

v.  The 2014 POM proposes to locate 5 permanent beach tents and 8 powered caravan sites on road reserve lands along the foreshore which is clearly as odds with the 1977 Schedule.

 

vi. The new RTA residential access is a known flood area and failed in the last storm event. The 2014 POM survey map clearly shows that Riverside Cres is the highest elevated land and thus provides emergency exit.  The proposal to restrict access along Riverside Cres will have serious adverse impacts for local residents.

 

vii.   CHPT propose to restrict access to the public boat ramp – already alternative boat launching is occurring at the opposite end of Riverside Cres causing major impact on riverbank and residents amenity. 

 

b)     The western park boundary of Massy Greene is aligned with the existing green picket fence, retaining part of Lot 7005, under Council management for public use.  This would provide for an integrated development of the caravan park and the boat harbour.

 

i.   Lot 7005 was acquired by Crown Lands in 2009 but was not included within the operational area of the holiday parks in Council’s license agreement in 2012 or subsequent resolutions 2012-2015.

 

ii.  Even the most casual observer can see the amount of space for public use between the boat harbour yacht precinct and Massy Greene is totally inadequate – in places it’s just 7m wide – for a mix of cars, watercraft and pedestrians and the new park entrance to navigate in the proposed POM.

 

iii.  Aligning the boundary along the old picket fence is a fair outcome for the park and the public.  Park management has already had additional land added to the caravan park with road reserve land along the Old Pacific Highway and Tweed Street boundaries.

 

iv. NSWCHP's proposed development of Lot 7005will overshadow the small remnant along the foreshore area and this is the last opportunity to reclaim some additional land for use and the public interest to prevail over commercial interests of CHPT.

 

c)      Terrace Park Boundary remains on Southern side of Fingal St with the 12 public car parking spaces retained for shared use and the footpath reinstated to provide safe access to the pedestrian bridge. (Determined in BSC License Agreement 2012 (resolution 2-627) and reaffirmed Resolution 15-651 Dec 2015)

 

i.     The public footpath has been obstructed outside the manager’s office and cabins forcing people onto the roadway. Parents value the existing shady carpark next to the playground and this area has traditionally been shared use – with both the public and holiday park visitors using these parking spaces.

 

ii.     CHPT’s proposed plan to realign access through the children's playground has clearly failed as pedestrians continue to take the shortest route through the carpark.

 

iii.    Reinstating the public footpath would be safer and cheaper than relocating the children's play equipment (into open exposed area).

 

d)      The southern section of Terrace Park has never been included within the holiday park boundary – instead park license contains special conditions for use of this site.

 

i.     Restricting use to peak holiday periods will help protect this sensitive area and the protected community of coastal cypress pines and WW1 memorial and provide some respite from the range of adverse impacts endured by nearby neighbours.

 

 e)               Request Council to clearly delineate a foreshore boundary along the top of the riverbank in all three caravan parks.  The public walkway must remain public land outside the operational area of the caravan parks.

 

i.    Once and for we must determine whether the public pathways along the riverbank buffer zone is public land or within the operational area of the holiday park.

 

ii.  The potential sale or lease of the holiday parks could result in park management controlling and restricting access  in the future, so it is imperative the status of the walkways be determined.

 

 f)      request that NSW Holiday Parks Trust adhere to a 10m building setback from the foreshore boundary for all built structures (including new cabins and camp kitchens) in all caravan parks.      

 

i.     This is a statutory requirement of Local Govt Act. (setbacks and buffer zones) and Council resolutions which determined a 10m setback for all built structures in the holiday parks

 

g)     We request CHPT provide a definite time frame and strategic plan for the reinstatement of the buffer zone/public walkway along the top of the Simpson's Creek riverbank in POM.

 

Staff comments by Mark Arnold, Director Corporate and Community Services:

 

Council at its Ordinary meeting held on 25 August 2016 resolved as follows:

 

Resolved that Council for the purpose of further consultation by the New South Wales Crown Holiday Parks Trust:

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.

 

b)      note the tabling of the draft Plan of Management Maps (E2016/79046) 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; and

 

c)      request that NSW Holiday Parks Trust incorporate the following in the draft plans of management for the operation of the Crown Holiday Parks in Brunswick Heads:

 

i.      Tree management strategy that prohibits:

 

·   use of any land within a 5m radius of a Coastal Cypress Pines to prohibit compaction of soil

·   no discharge of untreated water over the critical root system

·   removal of exotic grasses and introduction of native grasses within the area of the critical root system

·   progressive on site replacement of each memorial pine

 

ii.     That Table 3 ‘Terrace Reserve Holiday Park’ (page 73 of agenda) be amended as follows:

 

·   underneath column Trust Proposal in the first cell change the word ‘buildings’ to ‘built structures’

 

in the third cell include the words at the end of the sentence ‘to be completed within 5 years’.

 

Resolution 16-494 was adopted by following consideration of Report 13.10 -  NSW Crown Holiday Parks Trust – Brunswick Heads Holiday Parks Update to this meeting, and submissions made on this report during Public Access.

 

This report was 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 having 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.

 

The Report provided a history and an update on the  ongoing discussions between Council and the Trust on Council and Community concerns.  A copy of  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, was tabled at the meeting.

 

The Trust as part of the ongoing discussions sought from Council in-principle endorsement of the Plan of Management maps for the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks 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.

 

The Trust also indicated that the proposed amendments to the Plans of Management would  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. This process is currently being undertaken by the Trust.

 

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.

 

A summary of the further consultation process being undertaken is provided below:.

 

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

         

It is understood that the Notice Motion is seeking to include a number of additional amendments to the Plan of Management Maps for the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks under part c) of Resolution 16-464.

 

Due to the commencement of the first stage of the further public consultation process these amendments, if adopted, would need to be considered by the Trust as a public submission during this first stage of the consultation process on the Plan of Management Maps for the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks.

 

Due to the timing of the receipt of the Notice of Motion and the need to produce the Agenda for distribution to Councillors on Tuesday, 8 November 2016, staff are unable to include a more extensive background on each of the amendments sought in the Notice of Motion. Staff though were able to arrange an onsite inspection of the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks on Monday, 7 November 2016.

 

It should be noted that Part a) of the Notice of Motion is not a previously adopted position of Council.

 

Parts b), c) and d) could be considered by the Trust as a submission to amend the Plan of Management Maps for the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks.

 

Part e) is an action for Council but was considered in the discussions with the Trust and included in the Plan of Management Maps for the Ferry Reserve, Massey Greene and Terrace Reserve Holiday Parks.

 

Part f) is included in Part c) ii of Resolution 16-464 and part g) was determined by Council in the final sentence of Resolution 14-464 being:

 

“in the third cell include the words at the end of the sentence ‘to be completed within 5 years’.

 

 Financial/Resource/Legal Implications:

 

There are no financial implications to Council from this report.

 

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.

 

Is the proposal consistent with any Delivery Program tasks?

 

Not Applicable.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Employment of Night Time Compliance Officers for Summer Period

File No:                                  I2016/1192

 

  

 

Reason for Urgency:

Engagement processes need to commence immediately in order for work to commence in December.

 

I move that:

 

1.       Council engage at least two additional compliance officers for the duration of the Summer Holiday period to facilitate night patrols.

 

2.       A funding source be identified and utilised by staff.

 

 

 

 

 

Signed:   Cr Simon Richardson

 

Councillor’s supporting information:

 

Every summer, the town is beset with all the challenges of a summer holiday destination location. It is important that as our visitor numbers swell, we have the capacity to deal with issues as they arise in order to maintain resident amenity.

 

The frequency of loud and large group holiday letting, weddings, illegal camping, outdoor events and general anti-social behaviour increases during this time. It is crucial we can have compliance officers working at night to gather information and evidence, issue fines or warnings and assist in the management of activities

 

Staff comments by Shannon Burt, Director Sustainable Environment and Economy:

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

 

It is current Council practice to roster additional community enforcement officers on at peak times which includes the busy summer holiday period in order to respond to priority compliance and enforcement work.  This includes weekends and a period of night shifts.

 

Definition of the project/task:

 

The employment of 2 extra compliance staff to operate at night over the school holiday period.

 

Is the proposal consistent with any Delivery Program tasks?

 

Action 61 in the Byron 2016-2017 Operational Plan is to implement effective regulatory and compliance services and programs to maximise the public health and safety of the community.

 

 

     


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:           David  Royston-Jennings, Corporate Governance and Strategic Planning Officer

File No:                        I2016/1082

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 are 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 (#E2016/91776).

 

2.       That Council note the completed resolutions in Attachment 2 (#E2016/90414).

 

3.       That Council resolve that no further action be taken in respect of Council resolution 15-489 and that the resolution be closed.

 

Attachments:

 

1        Outstanding Resolution Report as at 30/09/16, E2016/91776  

2        Completed Council Resolutions 01/07/16 to 30/09/16 as reported to Ordinary Meeting of Council 27 October 2016, E2016/90414  

 

 


 

Report

 

This report provides a quarterly update on the status of Council resolutions to 30 September 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:

 

·     75  Resolutions completed during period 1 July to 30 September 2016

·     57 Outstanding resolutions as at 30 September 2016

 

The outstanding Council resolutions per Council terms are provided below:

 

·     0 Outstanding Council resolutions from current Council (2016-2020)

·     54  Outstanding Council resolutions from previous Council (2012-2016)

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

·     57  Outstanding resolutions as at 30 September 2016

 

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

 

·    previous Council Oct 2008-2012 (page 2 to 3 of Attachment 1)

·    previous Council Sept 2012-2016 (pages 1 and 3 to 41 of Attachment 1)

 

Details of completed resolutions for the period are provided at Attachment 2. 

 

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.

 

Table 1 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

15

15-489

Koala and Wild Life Sanctuary at West Byron

The proposal if to proceed would require an LEP amendment to enable development consent to be granted for an animal boarding or training establishment on land zoned E2 Environmental Conservation zone.

 

The objectives of Zone E2 Environmental Conservation zone are as follows:

(a)  to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values,

 

(b)  to prevent development that could destroy, damage or otherwise have an adverse effect on those values.

 

Further the draft DCP for West Byron is aimed primarily at rehabilitating these areas of land zoned E2 to provide increased habitat for koalas and other wildlife not developing it for an environmental or tourist park.

 

Staff Recommendation: It is recommended that no further action be carried out on resolution 15-489 and that the resolution be closed

 

Financial Implications

 

Nil

 

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           Council Budget Review - 1 July 2016 to 30 September 2016

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2016/1088

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report is prepared to comply with Regulation 203 of the Local Government (General) Regulation 2005 and to inform Council and the Community of Council’s estimated financial position for the 2016/2017 financial year, reviewed as at 30 September 2016.

 

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 Attachment 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.

 

  

 

RECOMMENDATION:

1.       That Council authorise the itemised budget variations as shown in Attachment 2 (#E2016/94992) which includes the following results in the 30 September 2016 Quarterly Review of the 2016/2017 Budget:

 

a)      General Fund – No change in the Estimated Unrestricted Cash Result

b)      General Fund - $1,831,800 decrease in reserves

c)      Water Fund - $1,216,300 increase in reserves

d)      Sewerage Fund - $2,152,300 increase in reserves

 

2.       That Council adopt the revised General Fund Estimated Unrestricted Cash Result           of $1,182,800 for the 2016/2017 financial year as at 30 September 2016.

 

Attachments:

 

1        Budget Variations for General, Water and Sewerage Funds, E2016/95846  

2        Itemised Listing of Budget Variations for General, Water and Sewerage Funds, E2016/94992  

3        Integrated Planning and Reporting Framework (IP&R) Quarterly Review Statement, E2016/95847  

 

 


 

Report

 

Council adopted the 2016/2017 budget on 29 June 2016 via Resolution 16-348.  It also considered and adopted the budget carryovers from the 2015/2016 financial year, to be incorporated into the 2016/2017 budget at its Ordinary Meeting held on 25 August 2016 via Resolution 16-446.  Since that date, Council has reviewed the budget taking into consideration the 2015/2016 Financial Statement results and progress through the first quarter of the 2016/2017 financial year.  This report considers the September 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 29 June 2016 plus the adopted carryover budgets from 2015/2016 followed by the resolutions between July and September and the revote (or adjustment for this review) and then the revised position projected for 30 June 2017 as at 30 September 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 2017 for all Council’s reserves.

 

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

 

Office of Local Government Budget Review Guidelines:-

 

The Office 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 Attachment 3:-

 

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.  These adjustments are commented on through pages 51 to 62 of Attachment 1.

 

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. As this is the first quarterly review for the reporting period, the Statement may not necessarily indicate the total progress achieved on the delivery of the capital works program. 

 

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 September 2017 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 greatly in future quarterly reviews pending on cash flow movements.

 

Key Performance Indicators (KPI’s) –  At this stage, the KPI’s within 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 July to September quarter that are greater than $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 2016/2017 financial year projected to 30 June 2017 but revised as at 30 September 2016.

 

 

2016/2017 Budget Review Statement as at 30 September 2016

Original Estimate (Including Carryovers)

 1/7/2016

 

Adjustments to Sept 2016 including Resolutions*

 

Proposed Sept 2016 Review Revotes

 

Revised Estimate 30/6/2017 at 30/9/2016

Operating Revenue

75,503,200

0

39,200

75,542,400

Operating Expenditure

76,715,900

115,000

(181,800)

76,649,100

Operating Result – Surplus/Deficit

(1,212,700)

(115,000)

221,000

(1,106,700)

Add: Capital Revenue

19,784,900

0

2,308,100

22,093,000

Change in Net Assets

18,574,200

(115,000)

2,529,100

20,986,300

Add: Non Cash Expenses

12,515,100

0

0

12,515,100

Add: Non-Operating Funds Employed

1,673,000

0

0

1,673,000

Subtract: Funds Deployed for Non-Operating Purposes

(60,072,800)

0

(992,300)

(61,065,100)

Cash Surplus/(Deficit)

(27,312,500)

(115,000)

1,536,800

(25,890,700)

Restricted Funds – Increase / (Decrease)

(27,350,100)

(115,000)

1,536,800

(25,928,300)

Forecast Result for the Year – Surplus/(Deficit) – Unrestricted Cash Result

37,600

0

0

37,600

 

As part of this budget review, there has been a reassessment of the distribution support costs following implementation of the organisational restructure.  Support costs are distributed across the primary activities of Council to reflect actual costs of those services.  Budget programs such as People and Culture, Finance, Information Technology and Governance are examples of Council activities that provide support and where costs are distributed to the primary activities of Council or output service areas.  In this review, the costs of the General Manager Directorate which contains Organisation Development, Media/Communications, Customer Service and Organisation Development were revised to be allocated based on budgeted expenditure as opposed to the previous method of full time staff to reflect a more appropriate allocation of these costs.  This has had an effect across most programs with a comment against the relevant budget program impacted in attachment 1.

 

GENERAL FUND

 

In terms of the General Fund projected Unrestricted Cash Result the following table provides a reconciliation of the estimated position as at 30 September 2016:

 

Opening Balance – 1 July 2016

$1,145,200

Plus original budget movement and carryovers

$37,600

Council Resolutions July – September Quarter

0

Recommendations within this Review – increase/(decrease)

$0

Forecast Unrestricted Cash Result – Surplus/(Deficit) – 30 June 2017

$37,600

Estimated Unrestricted Cash Result Closing Balance – 30 June 2017

$1,182,800

 

The General Fund financial position overall has not changed as a result of this budget review.  However there are proposed changes to the budget as a result of this review. The proposed budget changes are detailed in Attachment 1 and summarised further in this report below.

 

Council Resolutions

 

There were no Council resolutions during the July to September 2016 quarter that impacted the overall 2016/2017 budget result.

 

Budget Adjustments

 

The budget adjustments identified in Attachments 1 and 2 for the General Fund have been summarised by Budget Directorate in the following table:

 

 

 

 

 

 

Budget Directorate

Revenue Increase/

(Decrease) $

Expenditure Increase/

(Decrease) $

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

General Manager

0

0

0

Corporate & Community Services

215,000

150,200

64,800

Infrastructure Services

3,927,600

4,105,900

(178,300)

Sustainable Environment & Economy

81,200

(32,300)

113,500

Total Budget Movements

4,223,800

4,223,800

0

 

Budget Adjustment Comments

 

Within each of the Budget Directorates of the General Fund, are a series of budget adjustments identified in detail at Attachment 1 and 2.  More detailed notes on these are provided in Attachment 1 but in summary the major additional items included are summarised below by Directorate and are included in the overall budget adjustments table above:

 

Corporate and Community Services

 

·    In the General Purpose Revenues Program an additional $95,800 in revenue has been recognised as the allocation for Council’s 2016/2017 Financial Assistance Grant is $95,800 more than budgeted.  The original budget for this grant replicated the 2015/16 amount as Councils were advised that the Financial Assistance Grant would be frozen for four years from the 2014 Federal Budget. Council though has received an increased allocation following determination from the NSW Local Government Grants Commission as to the distribution of the Financial Assistance Grant allocated to NSW.

 

·    In the Financial Services Program there is a proposed budget adjustment for additional income and expenditure of $36,700 due to a grant that was received from the NSW Treasury for the implementation of the Emergency Services Property Levy (ESPL).  The ESPL will replace the Emergency Services Levy (ESL) that is currently collected as part of all property-based insurance policies and will be paid by all property owners alongside Council rates.  This grant will assist with the implementation of this new charge. 

 

·    In the Governance Services Program it is proposed to increase expenditure by $26,100 to increase the number of days per week from 3 to 5 for the position of Legal Services Support Officer to provide additional resource to Legal Services to assist with work volumes.  Funding for this is to be provided by the Legal Services Reserve.

 

·    In the Community Development Program, expenditure has increased due to the Indigenous Language Arts project ($43,200 – funded from an unexpended grant) and a new 5 year licence agreement with the Mullumbimby District Cultural Centre for the Mullumbimby Drill hall ($29,800).  This is funded from a rent subsidy by Council of $29,300 (The corresponding income adjustment is in the Facilities management program) and Licensee rent of $500.

 

·    In the Sandhills program, it is proposed to reduce the support service costs by $53,800 as mentioned previously in this report and to increase the budget for required WHS works on the building and its grounds ($9,300).  These movements have no net effect on the result as all movements are taken up through the Childrens’ Service reserve.

 

Infrastructure Services

 

·    In the Emergency Services program, it is proposed to increase the expenditure budget to allow for the increase in contributions to the Rural Fire Service, NSW Fire Brigade and the SES.  This is to reflect the actual cost to be incurred by Council as advised by the NSW Government.

 

·    In the Local Roads and Drainage program, there are a number of adjustments outlined under Note 14 in the Budget Variations explanations section of Attachment 1.  Further disclosure is included in the second page of Attachment 2 under the budget program heading Local Roads and Drainage. 

 

·    In the Roads and Maritime Services program (RMS) it is proposed to decrease operating income and expenditure by $11,500 from the block grant to match RMS approvals. It is also proposed to decrease capital expenditure by $54,400 due to the completion of the Broken Head road works being under budget ($80,400) and additional works for the creation and installation of the Jingi Wallah sign ($26,000).

 

·    In the Open Space and Recreation program, operating expenditure increased by $300 due to a request for a budget for a Recreational needs Assessment of $50,000 and a support service cost adjustment ($49,700).  An assessment of the active recreational land use for Byron Shire is required for Council to effectively plan to meet present and future recreational land needs of the community through the provision of appropriate grounds and associated facilities and services.  There are a number of capital expenditure adjustments outlined under Note 16 in the Budget Variations explanations section of Attachment 1.  Further disclosure is included in the third page of Attachment 2 under the budget program heading Open Space & Recreation. 

 

·    In the Quarry program it is proposed to reduce income and expenditure due to the inactivity of the Quarry.

 

·    In the Waste & Recycling program It is proposed to increase operating income by $107,200 due to the receipt of the Better Waste and Recycling grant.  It is proposed to increase operating expenditure by $43,000 for Promotion and Education Resource Recovery and an Anti littering program at Byron Bay Foreshore in association with the rollout of the new bin enclosure network.  It is also proposed to make a support service adjustment of $48,300.  It is proposed to increase capital expenditure by $364,000 for the replacement of all Byron Bay and Brunswick Heads bin enclosures including the roll-out of 71 new public place recycling enclosures and a trial of 1 public place organics recycling enclosure.  This is to be funded through Developer Contributions ($250,000) and unexpended grant money from the NSW Environmental protection Agency (EPA) ($114,000).  

 

·    In the Cavanbah Centre program, it is proposed to increase expenditure to allow for the cost of installing a new booking system ($20,000)

 

·    In the Suffolk Beachfront Holiday Park program, it is proposed to decrease the budget by $300,000 for the replacement of the Amenities block.  It is anticipated that the majority of these works will now be carried out in the 2017/18 financial year. 

 

·    In the Facilities Management program it is proposed to increase operating expenditure by $39,100 due to a support service cost adjustment and increase capital expenditure to fund the administration centre foyer renovation ($15,000).

 

Sustainable Environment and Economy

 

·    In the Planning Policy and Natural Environment Program, It is proposed to adjust the budget to cater for three new grants received (Graminoid Clay Heath Restoration $18,500, Land for Wildlife $15,600 and NCCARF Partnership program $5,000), income received from sponsorship at the sustainable house day ($3,600) and an applicant funded LEP contribution ($8,900).  It is proposed to increase expenditure by the same grant monies and an additional $10,000 for the Byron Shire Housing Summit, as outlined in Council resolution 16-528.

 

WATER FUND

 

After completion of the 2015/2016 Financial Statements the Water Fund as at 30 June 2016 has a capital works reserve of $2,723,000 and held $10,549,100 in section 64 developer contributions.

 

The estimated Water Fund reserve balances as at 30 June 2017, and forecast in this Quarter Budget Review, are derived as follows:

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2016

$2,723,000

Plus original budget reserve movement

1,553,000

Less reserve funded carryovers from 2015/2016

(346,800)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(53,700)

Forecast Reserve Movement for 2016/2017 – Increase / (Decrease)

1,152,500

Estimated Reserve Balance at 30 June 2017

$3,875,500

 

 

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2016

$10,549,100

Plus original budget reserve movement

(7,794,000)

Less reserve funded carryovers from 2015/2016

(383,100)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

1,270,000

Forecast Reserve Movement for 2016/2017 – Increase / (Decrease)

(6,907,100)

Estimated Reserve Balance at 30 June 2017

$3,642,000

 

Movements for Water Fund can be seen in Attachment 1 with a proposed estimated increase to reserves (including S64 Contributions) overall of $1,216,300 from the 30 September 2016 Quarter Budget Review.

 

SEWERAGE FUND

 

After completion of the 2015/2016 Financial Statements the  with capital works reserves of $5,153,600 and plant reserve of $827,800. It also held $8,760,300 in section 64 developer contributions.

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2017

$5,153,600

Plus original budget reserve movement

814,200

Less reserve funded carryovers from 2015/2016

(96,900)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

1,071,600

Forecast Reserve Movement for 2016/2017 – Increase / (Decrease)

1,788,900

Estimated Reserve Balance at 30 June 2017

$6,942,500

 

Plant Reserve

 

Opening Reserve Balance at 1 July 2016

$827,800

Plus original budget reserve movement

0

Less reserve funded carryovers from 2015/2016

0

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

0

Forecast Reserve Movement for 2016/2017 – Increase / (Decrease)

0

Estimated Reserve Balance at 30 June 2017

$827,800

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2016

$8,760,300

Plus original budget reserve movement

(2,785,400)

Less reserve funded carryovers from 2015/2016

(503,200)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

1,074,700

Forecast Reserve Movement for 2016/2017 – Increase / (Decrease)

(2,213,900)

Estimated Reserve Balance at 30 June 2017

$6,546,400

 

Movements for the Sewerage Fund can be seen in Attachment 1 with a proposed estimated overall increase to reserves (including S64 Contributions) of $2,146,300 from the 30 September 2016 Quarter Budget Review.

 

Legal Expenses

 

One of the major financial concerns for Council over previous years has been legal expenses. Not only does this item represent a large expenditure item funded by general revenue, but can also be susceptible to large fluctuations. 

 

The table that follows indicates the allocated budget and actual legal expenditure within Council on

 a fund basis as at 30 September 2016.

 

Total Legal Income & Expenditure as at 30 September 2016

 

 

Program

2016/2017

Budget ($)

 

Actual ($)

Percentage To Revised Budget

Income

 

 

 

Legal Expenses Recovered

0

0

0%

Total Income

0

0

0%

 

 

 

 

Expenditure

 

 

 

General Legal Expenses

200,000

7,681

3.8%

Total Expenditure General Fund

200,000

7,681

3.8%

 

Note: The above table does not include costs incurred by Council in proceedings after 30 September 2016 or billed after this date.

 

Financial Implications

 

The 30 September 2016 Quarter Budget Review of the 2016/2017 Budget has not changed the overall budget result.  As a result there is no expected change to the estimated unrestricted cash balance attributable to the General Fund, with this remaining an estimated $1,145,200 at 30 June 2017.

 

Statutory and Policy Compliance Implications

 

In accordance with Regulation 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 2016/2017 financial year, having consideration of the original estimate of income and expenditure at the 30 September 2016 Quarter Budget Review.

 

This opinion is based on the estimated General Fund Unrestricted Cash Result position and that the current indicative budget position for 2016/2017 is maintained in this Budget Review.  Notwithstanding this, Council will need to continue to carefully monitor the 2016/2017 budget over the remainder of the financial year. 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Request for a Section 356 Donation

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2016/1089

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

Council called for submissions in July / August 2016 to the Policy 3.13 Donations to Community Organisations, Other Groups and Persons, Policy 14/002 Assistance for Festivals and Community Functions and the Policy 12/011 Donations to Community Groups – reimbursement of Council application fees. Several donations were approved and advertised as per resolution 16-443.

 

One application was missed and is presented to Council for approval. The application meets criteria under the relevant policy.

 

  

 

RECOMMENDATION:

1.       a)      That Council, under Section 356 of the Local Government Act, make the           following donation under Policy 14/002 Assistance for Festivals and Community           Functions as follows:

          i)      Bangalow Lions Club                                                                     $   600

         

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

 

2.       That, as per resolution 16-443, Council call for submissions under the following policies to distribute the remaining funds early in 2017:

 

a)       Policy 14/002 Assistance for Festivals and Community Functions

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

 

3.       That Council advertise the Section 356 Donation proposed to be made.

 

 

 

 


 

Report

 

Council called for submissions in July / August 2016 to the Policy 3.13 Donations to Community Organisations, Other Groups and Persons, Policy 14/002 Assistance for Festivals and Community Functions and the Policy 12/011 Donations to Community Groups – reimbursement of Council application fees. Several donations were approved and advertised as per resolution 16-443 made at the Ordinary meeting on 25 August 2016.

 

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

 

Council’s adopted 2016/17 Budget has the following unallocated amounts remaining following the implementation of resolution 16-443 which can be made under Section 356 of the LG Act 1993.

 

$1,326             General S356 Donations

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

 

$5,055             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

 

Resolution 16-443 (in part) states:

 

[Re: Policy 14/002 Assistance for Festivals and Community Functions]

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.

 

6.       That the remaining moneys 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.

 

One submission to the call for submissions process held in July/ August was missed under Policy 14/002 Assistance for Festivals and Community Functions and is now presented to Council.

 

Applicant: Bangalow Lions Club

For: Contribution towards road closure fees for Bangalow Billycart Derby

Amount requested: $600

Amount recommended: $600

Financial Implications

 

The Section 356 donations budget was adopted on 29 June 2016. Sufficient funds are available within the current budget to meet the funding request.

 

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                                          13.4

 

 

Report No. 13.4           Appointment of community members to Section 355 Management Committees and Boards

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2016/1112

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

The previous Council on 25 August 2016 received a report to allow for advertising to take place for community representatives to its Section 355 Management Committees and Boards for the next term of Council.

 

Interested members of the community and existing members were invited to submit an Expression of Interest for inclusion on these committees by completing a nomination form. This report provides information about the nominations received and makes recommendations about the selection of community members for each Section 355 Management Committee or Board.

 

  

 

RECOMMENDATION:

1.       That the Community representatives, as recommended in the report, be appointed to each respective Section 355 Management Committee or Board for the 4 year term ending December 2020, and that any unsuccessful nominees be notified.

 

2.       That all appointed Community Representatives be:

 

a)      advised of their appointment to this Committee;

 

b)      provided with a copy of the adopted Halls and Venues Guidelines for Section 355 Management Committees and Boards and the adopted Section 377 delegations;

 

c)      advised that under new Work Health and Safety Act, as a volunteer on a Council Committee established and delegated with the management of  a community facility, of the requirement to attend an induction session.

 

3.       That at the first meeting of each S355 Committee or Board, that the appointed Council and Community representatives be requested to review the Terms of Reference for the respective facility.

 

Attachments:

 

1        Confidential - Details of nominations from community members for Section 355 Committees and Boards November 2016, E2016/85490  

 

 


 

Report

 

The previous Council received a report at its Ordinary meeting held 25 August 2016 titled “Section 355 Management Committees and Boards - Review of Guidelines and process for establishing new committees” wherein resolved as follows.

 

Resolution 16-473 (in part)

 

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.

 

……

 

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

 

Council on 29 September 2016 received a report confirming the establishment of its Section 355 Committees and Boards, appointment of Councillor representatives and adoption of the Delegations for these Committees, resulting in Resolution 16-485.

 

Advertising took place for the community representatives between 14 September and 14 October under the new banner of ‘Love Byron Halls’. 79 nominations were received for 13 Section 355 Management Committees and Boards.

 

The following information is provided regarding the appointment of Community Representatives for each Section 355 Management Committee and Board of Management.  It should be noted the Committees can request Council at any time to seek further members if they feel they need assistance with their roles.

 

The confidential Attachment 1 contains all nominations for each Management Committee or Board received and these have been summarised. The attachment provides staff recommendations for each committee based on the adopted ‘Halls and venues guidelines for Section 355 Committees and Boards’, specifically:

 

3.1 Appointment

 

a) To hold office and be responsible for the management of a Council facility, all community Management Committee members will be assessed against a set of criteria and appointed by Council. The selection criteria are:

 i) Have established ties to the Byron Shire community, and

ii) 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.

 

Committee members are expected to have access to a computer and able to use email as the major form of communication.

 

b) Council must also appoint new members before they are able to vote and take part in meetings of the Management Committee.

 

c) Council may dissolve a Management Committee at any time.

 

d) The term of office for Committees will be the same term as the current Council, with the addition of an extra three months after the General Election of Councillors, unless as a sunset Committee, ie, with a finite time specified.

 

 

 

3.2 Committee Membership

 

Committee membership will number not less than four and not more than nine, and each committee will state the actual number in the respective Committee or Board Terms of Reference, unless otherwise decided by Council. The exception will be the Bangalow Parks (Showground) committee which numbers twelve. Council reserves the right to appoint up to two Councillors to each Committee. The total number of members includes office bearer committee members and Councillor members which are appointed by Council.”

 

All appointed Community Representatives are required to attend an induction session under the WH&S Act.  Lunch is to be provided to acknowledge their invaluable services of the Community Representatives on these committees and boards. the Induction Day for committee and board members is proposed for 1 December 2016 at The Cavanbah Centre.

 

Financial Implications

 

Community representatives appointed to a Section 355 Committees are volunteer positions.  Some community representatives receive Honorarium payments or allowances to enable them to carry out certain positions on the Committees (see extract below from the Guidelines).  The Committee Member receiving payments must provide to Council a tax file number or an Australian Business Number (ABN) or complete an ATO Form “Statement by a Supplier” (stating reason why withholding tax does not need to be deducted) prior to receiving any payment. 

 

The adopted ‘Halls and venues guidelines for Section 355 Committees and Boards’ state:

 

5.5   Honorarium Payments to Committee Members

          (Based on Council resolution 14-601 made on the 11/12/2014)

1.   Section 355 Committee’s may vote to pay an honorarium (allowance) to Committee members or agents for duties undertaken in their role on the committee as follows:

 

a)     Up to $100 (excl. GST) maximum per week for Booking Officers or other roles determined by the Committee (eg Volunteer co-ordinator).

b)     Up to $100 (excl. GST) maximum per month for other Administration positions such as treasurer, secretary, etc.

These payments must firstly be recommended by the Committee and recorded in their Meeting Minutes.  Approval by Council’s Finance Manager is required to ensure the income generated from the facility is sufficient to sustain these costs within the overall facilities management and maintenance budget.”

The Section 355 Committees are required to provide financial information in accordance with the Halls and Venues Guidelines for Section 355 Management Committees and Boards and operate within Section 377 delegations as adopted at Council’s Ordinary Meeting held 29 September 2016.

 

Fees charged for these community facilities are set for each centre/hall by Council at the beginning of each financial year.

 

Statutory and Policy Compliance Implications

 

·  Local Government Act 1993

 

355 How does a council exercise its functions?

 

A function of a council may, subject to this Chapter, be exercised:

 

     (b) by a committee of the council, or

 

Membership of the Section 355 Committees is as stated in Council’s Halls and Venues Guidelines for Section 355 Management Committees and Boards (provided in the body of the report).

 

·    Delegation of Authority for each hall or venue (adopted resolution 16-485)

·    Terms of Reference for each Section 355 Management Committee or Board (adopted resolution 16-485)

·    Hall and venue guidelines for Section 355 Management Committees and Boards (adopted resolution 16-473)

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Councils Investments 1 October to 26 October 2016

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2016/1122

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the period of 1 October to 26 October 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 26 October 2016 be noted.

 

 

 

 

 


 

Report

 

In relation to the investment portfolio for the period 1 October to 26 October 2016, Council has continued to maintain a diversified portfolio of investments. At the time of writing this report, the average 90 day bank bill rate (BBSW) for the month of October was unknown, but based on previous months average 90 day BBSW rates and commentary during the month it is estimated to be 1.75%.  Council’s performance to 26 October is approximately 2.76%.  Councils’ performance will again be 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 26 October 2016:

 

Schedule of Investments held as at 26 October 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

2.89%

1,000,080.00

07/10/16

2,000,000

NAB

P

AA-

06/01/17

TD

2.71%

2,000,000.00

04/10/16

2,000,000

NAB

N

AA-

03/02/17

TD

2.68%

2,000,000.00

04/08/16

2,000,000

NAB

N

AA-

04/11/16

TD

2.80%

2,000,000.00

05/09/16

2,000,000

BANKWEST

P

A1+

05/12/16

TD

2.50%

2,000,000.00

12/09/16

2,000,000

NAB

N

AA-

12/01/17

TD

2.64%

2,000,000.00

23/05/16

2,000,000

NAB

N

AA-

23/11/16

TD

2.98%

2,000,000.00

30/9/16

2,000,000

NAB

N

AA-

29/12/16

TD

2.67%

2,000,000.00

02/09/16

2,000,000

NAB

N

AA-

02/12/16

TD

2.62%

2,000,000.00

04/10/16

1,000,000

NAB

N

AA-

04/01/17

TD

2.67%

1,000,000.00

08/08/16

1,000,000

NAB

N

AA-

07/11/16

TD

2.79%

1,000,000.00

05/09/16

2,000,000

NAB

N

AA-

05/12/16

TD

2.62%

2,000,000.00

04/10/16

3,000,000

ME BANK

P

BBB

04/01/17

TD

2.65%

3,000,000.00

05/09/16

2,000,000

NAB

N

AA-

05/12/16

TD

2.62%

2,000,000.00

19/08/16

2,000,000

NAB

N

AA-

17/11/16

TD

2.65%

2,000,000.00

25/08/16

2,000,000

NAB

N

AA-

24/11/16

TD

2.63%

2,000,000.00

29/08/16

2,000,000

AMP BANK

P

A

28/11/16

TD

2.75%

2,000,000.00

01/09/16

2,000,000

NAB

N

AA-

01/12/16

TD

2.63%

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

01/08/16

2,000,000

POLICE CREDIT UNION

P

NR

01/02/17

TD

2.85%

2,000,000.00

06/09/16

2,000,000

ME BANK

N

BBB

05/12/16

TD

2.65%

2,000,000.00

08/08/16

1,000,000

NEWCASTLE PERMANENT

P

BBB+

07/11/16

TD

2.80%

1,000,000.00

01/09/16

2,000,000

BEYOND BANK

P

A2

01/12/16

TD

2.70%

2,000,000.00

03/08/16

2,000,000

BEYOND BANK

N

A2

03/11/16

TD

2.80%

2,000,000.00

07/09/16

2,000,000

ME BANK

N

BBB

07/12/16

TD

2.65%

2,000,000.00

08/08/16

2,000,000

ME BANK

N

BBB

08/12/16

TD

2.65%

2,000,000.00

11/08/16

2,000,000

ME BANK

N

BBB

09/11/16

TD

2.65%

2,000,000.00

16/08/16

2,000,000

ME BANK

N

BBB

14/11/16

TD

2.65%

2,000,000.00

31/08/16

2,000,000

BEYOND BANK

N

A2

29/11/16

TD

2.70%

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

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

10/08/16

2,000,000

NAB

N

AA-

08/12/16

TD

2.79%

2,000,000.00

18/08/16

2,000,000

AMP BANK

N

A

16/03/17

TD

2.95%

2,000,000.00

31/08/16

2,000,000

NAB

N

AA-

31/10/16

TD

2.31%

2,000,000.00

01/09/16

1,000,000

AMP BANK

N

A

30/11/16

TD

2.75%

1,000,000.00

02/09/16

2,000,000

NAB

N

AA-

02/12/16

TD

2.62%

2,000,000.00

29/09/16

2,000,000

ME BANK

N

BBB

27/01/17

TD

2.65%

2,000,000.00

04/10/16

1,000,000

BANK OF QUEENSLAND

N

A2

04/04/17

TD

2.65%

1,000,000.00

04/10/16

2,000,000

BEYOND BANK

N

A2

04/01/17

TD

2.65%

2,000,000.00

04/10/16

1,000,000

BANANACOAST CU

N

NR

03/02/17

TD

2.75%

1,000,000.00

N/A

1,985,011

CBA BUSINESS ONLINE SAVER

N

A

N/A

CALL

1.40%

1,985,011.26

Total

80,485,011

 

 

 

 

AVG

2.67%

80,505,091.26

 

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.

 

On 20 October 2016, Council secured an interest in purchasing an investment issued by The Teachers Mutual Bank.  This investment does not settle until 28 October 2016, so is not included in the above report table. Council has received notification that it has been assigned $650,000 of this investment after trying to secure $1,000,000 with settlement due on the 28 October 2016.  This investment is a 3 year Floating Rate Note.  The Teachers Mutual Bank is a Certified Ethical Bank by the Responsible Investment Association of Australasia (RIAA).  This financial institution has a policy of excluding the lending to or investing in large scale greenhouse gas from fossil fuel exploration, extraction, production and use.  This particular investment  is consistent with Council resolution 15-515 regarding Environmentally and Socially Responsible Investments.

 

For the period 1 October to 26 October 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 September 2016, but overall is still demonstrating a cumulative unrealised gain of $20,080.

 

Dissection of Council Investment Portfolio as at 26 October 2016

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

77,000,000.00

Term Deposits

77,000,000.00

0.00

1,000,000.00

Floating Rate Note

1,000,080.00

80.00

1,985,011.26

Business On-Line Saver (At Call)

1,985,011.26

0.00

500,000.00

Bonds

520,000.00

20,000.00

80,485,011.26

 

80,505,091.26

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 October 2016 to 26 October 2016 on a current market value basis. 

 

Movement in Investment Portfolio – 1 October 2016 to 26 October 2016

 

Item

Current Market  Value (at end of month) $

Closing Balance at 30 September 2016

81,305,091.26

Add: New Investments Purchased

12,000,000.00

Add: Call Account Additions

1,700,000.00

Add: Interest from Call Account

0.00

 

Less: Investments Matured

13,000,000.00

Less: Call Account Redemption

1,500,000.00

Less: Fair Value Movement for period

0.00)

Closing Balance at 26 October 2016

80,505,091.26

 

Investments Maturities and Returns – 1 October 2016 to 26 October 2016

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

2,000,000.00

NAB

TD

04/10/16

120

2.96%

19,464.32

2,000,000.00

Suncorp Bank

TD

04/10/16

62

2.30%

7,813.70

1,000,000.00

NAB

TD

04/10/16

120

2.96%

9,732.15

3,000,000.00

ME Bank

TD

04/10/16

92

2.88%

21,777.53

2,000,000.00

Community Alliance CU

TD

04/10/16

92

3.10%

15,627.40

2,000,000.00

NAB

TD

07/10/16

91

2.92%

14,570.00

1,000,000.00

NAB

TD

12/10/16

90

2.91%

7,178.43

13,000,000.00

 

 

 

 

 

96,163.53

         

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 period 1 October to 26 October 2016 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 26 October 2016

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

77,000,000.00

77,000,000.00

0.00

Floating Rate Note

1,000,000.00

1,000,080.00

80.00

Business On-Line Saver (At Call)

1,985,011.26

1,985,011.26

0.00

Bonds

500,000.00

520,000.00

20,000.00

Total Investment Portfolio

80,485,011.26

80,505,091.26

20,080.00

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

535,265.59

535,265.59

          0.00

Total Cash at Bank

535,265.59

535,265.59

0.00

 

 

 

 

Total Cash Position

81,020,276.85

81,040,356.85

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                                          13.6

 

 

Report No. 13.6           Presentation of 2015/2016 Financial Statements

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2016/1124

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

Council is required under Section 418 of the Local Government Act 1993 to fix a meeting at which it presents the annual Audited Financial Statements and Auditor’s Reports to the public. Council is required to do this no later than five weeks after the Auditor’s Reports are received by Council.

 

The Financial Statements for the financial year ended 30 June 2016 were reported to the Ordinary Meeting held on 27 October 2016 where Council adopted the Audited 2015/2016 Financial Statements and Auditor’s Reports through resolution 16-563.  This same resolution resolved to present the Audited 2015/2016 Financial Statements and Auditor’s Reports to the public at this Ordinary Meeting of Council.

 

The presentation of the Financial Statements and Auditors Reports to the Public is required by Section 419(1) of the Local Government Act 1993 and does not have any impact on the content of the reports.

 

  

 

RECOMMENDATION:

That the Audited Financial Statements and Auditors Reports for the 2015/2016 financial year  be presented to the Public in accordance with Section 419(1) of the Local Government Act 1993.

 

 

 

 

 


 

Report

 

Council is required under Section 418 of the Local Government Act 1993 to fix a meeting at which it presents the annual Audited Financial Statements and Auditor’s Reports to the public. Council is required to do this no later than five weeks after the Auditor’s Reports are received by Council.

 

At the Ordinary Meeting of Council on 27 October 2016, Council resolved in part:

 

16-563:

 

1.       That Council adopt the Draft 2015/2016 Financial Statements incorporating the General Purpose Financial Statements, Special Purpose Financial Statements and Special Schedules.

 

2.       That Council to approve the signing of the “Statement by Councillors and

Management” in accordance with Section 413(2)(c) of the Local Government Act 1993 and Regulation 215 of the Local Government (General) Regulation 2005 in relation to the 2015/2016 Draft Financial Statements.

 

3.       That Council exhibit the Financial Statements and Auditor’s Report and call for public submissions on those documents with submissions closing on 24 November 2016 in accordance with Section 420 of the Local Government Act 1993.

         

4.       That the Audited Financial Statements and Auditors Report be presented to the public at the Ordinary Meeting of Council scheduled for 17 November 2016 in accordance with Section 418(1) of the Local Government Act 1993.”

 

In accordance with Council’s resolution above, this report is provided to present the 2015/2016 Financial Statements and Auditor’s Reports to the Public.

 

At the Ordinary Council Meeting held on 27 October 2016, Council received copies of the Financial Statements and Auditors Reports as outlined in Attachments 1 to 6 of Report 13.3 – Draft 2015/2016 Financial Statements to that Meeting.

 

The presentation of the Financial Statements to the Public is a requirement by Section 419(1) of the Local Government Act 1993 and does not have any impact on the content of the Financial Statements.

 

The Financial Statements and Auditors Reports have been placed on public exhibition and advertised in accordance with Section 418(1) of the Local Government Act 1993 with a closing date for submissions of 24 November 2016. Should any submissions be received they are required to be forwarded to Council’s Auditors and will be advised to Councillors via memo.

 

Presentation of the Financial Statements and Auditors Reports to the Public is the last step in the legislative requirements regarding the annual financial reporting.

 

Financial Implications

 

There are no financial or resource implications in presenting the Financial Reports to the public.

 

Statutory and Policy Compliance Implications

 

In accordance with Section 418(1) of the Local Government Act 1993, Council is required to fix a date for the meeting at which it proposes to present its Audited Financial Statements and Auditors Reports.  It must also give public notice of the date fixed.  Section 418(2) requires the date fixed for the meeting must be at least 7 days after the date on which the notice is given but not more than five weeks after the Auditors reports are given to the Council.

 

Section 419(1) of the Local Government Act 1993 requires that Council must present its audited Financial Statements together with the Auditors reports, at a meeting of the Council held on the date fixed for the meeting. Council has advertised and previously resolved that this Ordinary Meeting is when the Financial Statements and Auditors Reports will be presented.

 

Section 420(1) of the Local Government Act 1993 provides that any person may make submissions to Council with respect to the Council’s audited Financial Statements or with respect to the Auditors Reports.  Section 420(2) of the Local Government Act 1993 requires a submission must be in writing and must be lodged with Council within 7 days after the date on which the Financial Statements and Auditors Reports are presented to the public.  Any submissions received by Council must be referred to Council’s Auditor in accordance with Section 420(3) of the Local Government Act 1993.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Councillor Representation on Destination Byron

Directorate:                 Corporate and Community Services

Report Author:           David  Royston-Jennings, Corporate Governance and Strategic Planning Officer

File No:                        I2016/1132

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

Council resolved at its Extraordinary Meeting on 29 September 2016 to write to Destination Byron seeking an increase of representation on its Board, with its proposed representatives being Councillors Coorey, Ndiaye and Hunter.

 

Destination Byron has informed Council that its current constitution states that the sitting Mayor of Byron Shire holds the 10th voting board member position and it is the preference of the Destination Byron Board that the Mayor retains this position.

 

  

 

RECOMMENDATION:

That Council appoint Cr ________________, as its Councillor Representative to the Destination Byron Board.

 

 

Attachments:

 

1        Letter received from Destination Byron regarding Council's Representative to the Destination Byron Board, E2016/95311  

 

 


 

Report

 

Council resolved Resolution 16-484 at its Extraordinary Meeting on 29 September 2016 to write to Destination Byron seeking an increase of representation on its Board, with its proposed representatives being Councillors Coorey, Ndiaye and Hunter.

 

Council Resolution 16-484 reads (in part) as follows:

 

Resolved:

2.       That Council write to Destination Byron seeking an increase of representation on the Board, being Councillors Coorey, Ndiaye and Hunter.

 

Destination Byron in correspondence dated 26 October 2016 informed Council that its current constitution states that the sitting Mayor of Byron Shire holds the 10th voting board member position and it is the preference of the Destination Byron Board that the Mayor retains this position.

 

Destination Byron further advised that:-

 

“If the Mayor does not elect to retain his position as a voting board member, then it is agreed by the Destination Byron Board that council put forward a new representative in his place that would have voting rights.

 

The Destination Byron board meetings are held on the second Tuesday of every month at 4pm, the next scheduled board meeting is Tuesday 8th November at 4pm at Elements of Byron.”

 

Based on the advice received Council is entitled to one representative with voting rights on the Board.

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

Nil

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           North Byron Parklands Regulatory Working Group - Community Representatives

Directorate:                 Corporate and Community Services

Report Author:           David  Royston-Jennings, Corporate Governance and Strategic Planning Officer

File No:                        I2016/1133

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Council has received a request from North Byron Parklands to proceed with the process of nominating two new Regulatory Working Group Community Representatives to oversee the environmental performance of events during the remainder of the trial period.

 

The term for the appointed Community Representatives will be up until 31 December 2017.

 

Council advertised for expressions of interest for Community Representatives to the North Byron Parklands RWG, which closed on Friday 28 October 2016.

 

This report has been prepared to allow Council to consider the nominations received, and contained in Confidential Attachment 1, and advise North Byron Parklands of the Community Representatives appointed by Council to the Regulatory Working Group.

 

  

 

RECOMMENDATION:

1.       That the report be noted.

 

2.       That Council nominate two new community representatives for appointment to the North Byron Parklands Regulatory Working Group (RWG) to sit on this Group until 31 December 2017.

 

3.       That Council advise the Chairperson of the North Byron Parklands Regulatory Working Group (RWG) of the nominated community representatives.

 

4.       That Council thank all nominees for their interest and time in submitting an Expression of Interest.

 

5.      That Council write and thank the current community representatives on the North Byron Parklands Regulatory Working Group (RWG), Denise Nessel and Russell Eldridge for their contribution and efforts during their term which will conclude on 26 November 2016.

 

 

Attachments:

 

1        Confidential - North Byron Parklands Regulatory Working Group Expression of Interest Submissions 2016, E2016/95601  

 

 


 

Report

 

In 2012 the New South Wales Planning Assessment Commission approved a five year trial of the North Byron Parklands festival site at Yelgun. A condition of the consent requires North Byron Parklands to form the North Byron Parklands Regulatory Working Group (RWG) to oversee the environmental performance of events during the trial period.

 

North Byron Parkland in an email dated 19 September 2016, in requesting Council to proceed with the process of nominating two new Regulatory Working Group Community Representatives, provided the following advice in relation to the Regulatory Working Group, term of appointment and the assessment criteria for  the two (2) Community Representatives:

 

The Regulatory Working Group (RWG) is comprised of representatives from North Byron Parklands, Splendour in the Grass, Falls Festival, two community members and a number of government agencies including NSW Police, Roads and Maritime Services, Rural Fire Services, Office of Environment and Heritage, Byron Shire Council and the State Emergency Services. The RWG’s primary role is to review the performance of events during the current 5 year trial period. The RWG is an advisory committee, with the NSW Department of Planning and Environment and other relevant agencies responsible for ensuring that North Byron Parklands complies with its project approval.

 

North Byron Parklands is now in the 4th year of its 5 year trial approval and Byron Shire Council is seeking nominations from interested community members to sit on the RWG up until 31 December 2017. The two community representative positions involve attending RWG meetings (approximately every 6 months) and undertaking a site tour of the festivals prior to or during their operation. Past community representatives have played a key role in assisting the venue in improving various systems and processes in a manner that supports continuous improvement.

 

Ideally prospective community representatives should:

 

·             Live or work in the north of Byron Shire (where the venue is located);

·              Have an understanding or interest in the creative industries sector;

·             Be well connected to the broader community (i.e. have existing ties to community groups and/or organisations);

·             Be objective;

·             Ideally have an understanding of or experience with outdoor event aspects such as   traffic, community relations, noise, etc;

·             Be willing to work constructively to identify realistic opportunities for improvements;

·             Be able to clearly articulate community concerns or issues to the RWG; and

·             Abide by the RWG Terms of Reference (available at www.northbyronparklands.com/regulatory)

 

The second two year term is coming to a conclusion and the North Byron Parklands RWG is now seeking two new community representatives to sit on this Group until 31 December 2017.  RWG meetings occur every six (6) months for approximately two hours during business hours.

 

Council advertised for expressions of interest for Community Representatives to the North Byron Parklands RWG, which closed on Friday 28 October 2016.

 

Completed Expression of Interest forms received are provided in Confidential Attachment 1.

 

The Expression of Interest Forms required each nominee to address the assessment criteria sought from the prospective community representatives.

 

Financial Implications

 

The advertisement for the applications for community representatives were undertaken within existing allocated resources.

 

Council’s role in this process is the recruitment and nomination of the Community Representative to the North Byron Parklands Regulatory Working Group in accordance with the conditions of the approval for the North Byron Parklands Festival site. Community representatives are volunteers with North Byron Parklands.

 

Statutory and Policy Compliance Implications

 

The New South Wales Planning Assessment Commission approved in April 2012 a five year trial of the North Byron Parklands festival site at Yelgun. This approval included a consent condition that requires the proponent to form the North Byron Parklands Regulatory Working Group.

 

The purpose of the RWG being to oversee the environmental performance of events, during the trial period. The related condition is reproduced below:-

 

“C2 Regulatory Working Group – constitution and role

The proponent must establish a Regulatory Working Group (RWG) to oversee the environmental

performance of events during the trial period. The RWG must:

 

(a) comprise at least one (1) representative of the proponent, Office

of Environment and Heritage, Roads and Traffic Authority, NSW Police, State Emergency Services, Rural Fire Service and Council, where these parties agree to be part of the RWG, or as otherwise agreed to by the Director-General;

 

(b) comprise at least two (2) representatives of the local community nominated by the Council. Community representatives are appointed on a rotational basis with a representative not exceeding two (2) years;

 

(c) be chaired by a chairperson, whose appointment has been approved by the Director-General;

 

(d) meet at least once prior to the first trial event to review the proposed management in relation to:

·    the Habitat Restoration Program;

·    the Marshalls Ridge wildlife corridor,

·    impacts on threatened species and endangered ecological communities;

·    monitoring protocols for preconstruction ecological surveying ;

·    illegal camping;

·    litter;

·    provision of security services;

·    noise;

·    event traffic and car parking;

·    flooding;

·    bushfires; and,

·    evacuation procedures.

 

(e) meet to review the proponent’s performance with respect to environmental management and

community relations for events held during a reporting period and where appropriate, make

recommendations to the Director General on measures or strategies to improve performance for

future trial events;

 

(f) undertake periodic inspections of the site; and,

 

(g) review community concerns or complaints with respect to environmental management and

community relations.

 

Note: The RWG is an advisory committee. The Department and other relevant agencies are responsible for ensuring that the

proponent complies with this approval.”

 

  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.9

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.9           PLANNING - Environmental Zones (E Zone) - process to amend Byron LEP 2014

Directorate:                 Sustainable Environment and Economy

Report Author:           Alex Caras, Team Leader Land Use Strategy

File No:                        I2016/1019

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

This report presents the process for amending Byron Local Environmental Plan (LEP) 2014 in order to implement the Northern Councils E Zone Review Final Recommendations Report released in October 2015.  The process will inform the application of environmental and/or rural zones as well as overlays on certain land zoned ‘Deferred Matter’ in Byron LEP 2014, in accordance with the current legislative requirements applying to Far North Coast LEPs.  The report recommends that Council endorse the proposed Project Implementation Plan contained in Attachment 3.  The report also includes recommendations relating to Department of Planning and Environment’s conditional offer of $40,000 to assist with the process of amending Byron LEP 2014, and to reaffirm Council’s long standing position that a separate coastal hazard zone is required in Byron LEP 2014 as the current Standard Instrument LEP does not provide a suitable replacement for the existing 7(f1) and 7(f2) zones.

 

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.       endorse the proposed process and staging outlined in the Project Implementation Plan, as contained in Attachment 3;

2.       in relation to the Department of Planning and Environment’s offer of $40,000, Council write to the DPE Secretary advising that a conditional 30 June 2017 deadline will prevent effective community engagement and requesting an extension of time for lodgement of a planning proposal in accordance with the Project Implementation Plan contained in Attachment 3, with the funding offer being used by 30 June 2017 to advance Stages 1 – 3; and

3.       write to the Department of Planning and Environment (DPE) reaffirming Council’s long standing position that a separate coastal hazard zone is required in Byron Local Environmental Plan 2014, as the current Standard Instrument LEP does not provide a suitable replacement for our current 7(f1) Coastal Land and 7(f2) Urban Coastal Land Zones and therefore appropriate alternatives such as ‘E5 Coastal Hazard’ and/or ‘E6 Coastal Living’ need to be provided.

 

 


 

 

Attachments:

 

1        Letter from Dept Planning & Environment Office of Secretary to NOROC Planners Group regarding Environmental Zones E Zones funding and process to amend LEP 2014, E2016/87777  

2        Northern Councils E Zone Review Final Recommendations Report - October 2015, E2016/94099  

3        Project Implementation Plan for application of environmental and/or rural zones as well as overlays on certain land zoned ‘Deferred Matter’ in Byron LEP 2014, E2016/93916  

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

 

 


 

BACKGROUND

The following summary of events provides the background context for this report:

September 2012

Minister for Planning announces a review of the application of environmental zones (E zones) and environmental overlays in Local Environmental Plans (LEPs) on the Far North Coast; the review applies to the Local Government Areas (LGAs) of Ballina, Byron, Kyogle, Lismore and Tweed.

E zones were deferred from Byron LEP 2014 pending outcome of the State Government’s review process.

 

17 November 2012

Council holds stakeholder workshop at Mullumbimby Civic Hall: ‘Environmental Zones on Rural Lands - Finding the balance’.

 

14 February 2013

[Resolution 13-14]….  that Council contact all affected landowners by mail upon clarification from the Minister or during the second exhibition period regarding E Zones (ie.  E2 E3 E4) and inform them of the following:

1.       Current zoning

2.       List of permitted uses with and without consent under the current zoning

3.       Proposed future zoning, including split zones, with a map

4.       List of permitted uses with and without consent under the proposed zoning

5.       Any proposed overlays or similar covenants

6.       Limitations of existing use rights

 

Items 2, 4 and 6 could be in a document covering all such affected landholders. Items 1, 3 and 5 are specific to each parcel.”

 

In relation to Resolution 13-14, a letter to affected landowners will be sent following Council’s adoption of the amendment process recommended in this report.  The letter will outline the process adopted by Council and provide supporting information such as related property information, fact sheets and/or FAQs, but will not include items 3-6 above until later in the process when this information is known.

 

19 March 2013

Workshop with Consultants, Industry representatives, councillors and staff to consider future planning and strategy issues in the draft Byron Local Environmental Plan 2012 (including environmental zones other environmental provisions affecting rural Land).

 

October 2015

State Government releases Northern Councils E Zone Review Final Recommendations Report (E Zone Report) (Attachment 2).

 

26 November 2015

Key findings of E Zone Report (as applicable to Byron Shire) presented to Strategic Planning Workshop.

 

March 2016

State Government releases Section 117 Direction 2.5 – Application of E2 and E3 Zones and Environmental Overlays in Far North Coast LEPs.

 

September 2016

Letter of offer from Department of Planning & Environment to NOROC Planners Group regarding Environmental Zones funding ($40,000 excl GST) and process to amend LEP 2014 for specified north coast councils (Attachment 1).  See ‘Financial Implications’ section below for more detailed discussion.

 

REPORT

 

This report outlines the process for amending Byron Local Environmental Plan 2014 in order to implement the Northern Councils E Zone Review Final Recommendations Report (E Zone Report) released in October 2015.  The process will inform the application of environmental and/or rural zones as well as overlays on certain land zoned ‘Deferred Matter’ in Byron LEP 2014, in accordance with the current legislative requirements applying to Far North Coast LEPs.  The
E Zone Report has legal standing under Section 117 Ministerial Direction 2.5 – Application of E2 and E3 Zones and Environmental Overlays in Far North Coast LEPs

 

Northern Councils E Zone Review

In September 2012, the then Minister for Planning announced a review of the use of environmental protection zones and associated overlays in LEPs on the Far North Coast. The review was prompted by rural landholder concerns that environmental zoning would interfere with farming practices. Consultancy firm Parsons Brinkerhoff were commissioned by DPE to undertake the review, which was completed in September 2013 and released for public comment in May 2014. This was followed by a Submissions Report and Final Recommendation Report (see Attachment 2) prepared by DPE in October 2015.

 

Some key recommendations of the E Zone Report include:

·    E zones may be applied where primary use is environmental management or conservation. “Primary use” is taken to be over the last two years. Where the primary use is agriculture the land should retain a rural zoning.

·    E zone criteria - Proposed E zones need to meet at least one of the following: areas covered by SEPP 26 or 14, endangered ecological communities, key threatened species habitat, over-cleared vegetation communities, culturally significant lands. Some criteria are relatively simple to map (eg. koala habitat, native vegetation on over-cleared Mitchell landscapes)' others will depend on detailed modelling or specific vegetation typing.

·    Permissibility - Extensive agriculture is to be permitted “with consent” in the E2 Environmental Conservation zone, but “without consent” in E3 Environmental Management zone.

·    Existing E zones - 7a, 7b, etc. may be included in E2 or E3 if verified.

·    Environmental Overlays - Environmental overlay maps and associated clauses are supported where restricted to “public health, safety, hazard” matters. This may include a “Vegetation Map”, coastal risk, steep lands, flooding, catchment areas, riparian lands etc.

 

Environmental overlays and associated LEP clauses are used to identify matters that need to be considered in a development application for a proposed land use that requires development consent. They are not a zoning map and consequently do not permit or prohibit specific land uses. However, they do transparently highlight areas that may be constrained or require special mitigation measures to avoid undesirable impacts on the environment and/or the community. Environmental overlays are only triggered when a development application is required and therefore have no effect on land uses that are permitted “without consent” in a particular zone (eg. extensive agriculture in rural or the E3 zone).

·    Restrictions - Some restrictions include:

-    All new E zones will be subject to the “primary use” test (as discussed in Stage 2 below).

-    Scenic and/or aesthetic values are not to be considered in determining E zones or overlays.

-    E zones should not include environmental “buffers” on cleared land.

-    Landholder revegetated areas are not to be included in E zones or overlays unless with landholder consent or the works involved public monies requiring ongoing protection.

-    Multiple zones over individual properties are allowable but should be minimised.

-    Zoning of State and regionally significant farmland must be consistent with the “primary use” test.

-    E zone criteria do not extend to camphor laurel dominated vegetation unless otherwise affected by Threatened species habitat.

-    Similarly E zone criteria do not extend to steep land unless it bushland covered by one of the other criteria.

·    Flexibility - The review allows a certain amount of flexibility to accommodate local approaches to environmental protection. Examples include:

-    The E3 zone may be applied to areas that meet E2 criteria.

-    Areas such as public bushland and environmental areas set aside from development may be included in an E zone despite the criteria.

-    Vegetation overlays may be used for areas that meet E2 or E3 criteria where the “primary use” is not environmental.

·    Verification - The review requires that areas to be included in an E zone are appropriately verified using one or more of the following: field inspection, air photo interpretation, flora and fauna reports less than 5 years old.

 

Proposed Project Implementation Plan

The success of this project relies on a robust engagement strategy in order to ensure the process is widely understood and supported by affected landowners and the wider community.  A Project Implementation Plan which outlines the nature and timing of stakeholder engagement is contained in Attachment 3.  Key features of the Plan are presented below.  

 

Scope:

Applies to all ‘Deferred Matter’ areas in the Shire, with land affected by the Byron LEP 1988 7(f1) and 7(f2) zones to be considered concurrently in line with the State Government’s advice regarding: ‘Coastal Zone Management Plan for Byron Bay Embayment’; separate hazard zone/s; and coastal management reforms coastal management reforms process.

 

Objectives:

·    To protect land in the Shire that is determined to be of important environmental value;

·    To provide a suitable replacement for the existing 7(f1) Coastal Land and 7(f2) Urban Coastal Land Zones in the Shire;

·    To undertake an open and transparent planning process for resolving deferred matter areas in Byron LEP 2014;

·    To ensure a robust engagement process is undertaken with affected landowners and the wider community throughout the planning process; and

 

The Implementation Plan proposes a staged approach as follows:

 

Stage 1 – Shirewide Vegetation Mapping

The process of updating Council’s vegetation mapping to be consistent with the ‘Plant Community Type’ classification (as outlined in Vegetation Classification for the Northern Rivers Catchment Management Areas of New South Wales) is nearly complete.  Revised vegetation mapping for the wider Huonbrook locality is currently underway as the final stage of Council’s mapping updates.

Council resolution 15-417 required that all stages of the revised vegetation mapping be reviewed against the 2015 ‘high resolution digital’ aerial photography (as made available to Council by Land and Property Information) prior to reporting this information back to Council.  However the revised vegetation mapping (when completed) will be based on mix of aerial photos dating from 2009–2014, with 2015 ‘high resolution digital’ aerial photography only being used for the wider Huonbrook locality.  Hence not all of the revised vegetation mapping will be in accordance with resolution 15-417. This is mainly because the E Zone Report requires that where aerial photos are used, other verification techniques also must be undertaken (eg. ground-truthing).

It is proposed that the E zone verification technique of ground-truthing be employed to validate aerial photo interpretation, where required.  Ground-truthing has already commenced in the previous stage of vegetation mapping project with approximately 42% of mapped polygons (excluding open water and plantations) already inspected by a suitably qualified person.

 

Stage 2 – ‘Primary Land Use’ Mapping

The E Zone Report states:

“E2 and E3 zones will only be applied if the primary use of the land is considered to be environmental conservation (E2) or environmental management (E3) and the land has attributes which have been verified to meet the criteria for an E2 or E3 zone.”

 

“The primary use of the land is the main use for which the land has been used for the last two (2) years. This period of time will ensure the zone reflects established, lawful land uses.“

 

For the purpose of applying this test, it is proposed that a “primary land use” map, showing land within the categories of “environmental”, “agriculture” or “other” be produced. In accordance with the E zone Report, only areas within the “environmental” category will be considered for an E zone (E2 Environmental Conservation or E3 Environmental Management).

 

This stage will require extensive landowner engagement to confirm and map the primary use of affected (‘Deferred Matter’) land, which will be used inform Stage 3.

 

Stage 3 – Informal Exhibition of Proposed Environmental or Other Zones and Overlays

It is proposed that the “primary land use” map, proposed draft rural/ environmental zones and any map overlays be publically exhibited prior to the formal submission of a planning proposal to the DPE though the “gateway” process. This will allow affected landholders and the wider community to inform Council of any issues concerning whether or not the land meets the E zone criteria.  Addressing these issues early in the process will better ensure a high level of support for the proposed zones and/or overlays in Stage 4.

 

Stage 4 – Gateway Submission of Planning Proposal to Amend Byron LEP 2014

This stage follows Council’s endorsement of proposed environmental or other zones and overlays in Stage 3 and involves preparation and submission of a planning proposal to DPE for Gateway Determination.

 

The estimated timeframe for completing the above stages is March 2018.

 

It is therefore recommended that Council endorse the Project Implementation Plan in
Attachment 3.

 

Land affected by 7(f1) (Coastal Land Zone) and 7(f2) (Urban Coastal Land Zone) under Byron LEP 1988

The State planning framework for E zones does not accommodate ‘Deferred Matter’ areas located in the immediate coastal zone (namely 7(f1) & 7(f2) land).  This is because such areas may be affected by existing or future coastal hazards that cannot be addressed by an ‘E2 Environmental Conservation’ or ‘E3 Environmental Management’ Zone.  Also, the current Standard Instrument LEP does not provide a suitable replacement zone for Council’s 7(f1) Coastal Land and 7(f2) Urban Coastal Land zones (e.g. ‘E5 Coastal Hazard’ and/or ‘E6 Coastal Living’).  As this remains a serious deficiency in the State planning framework it is also recommended that Council write to the DPE reaffirming its long standing position that a separate coastal hazard zone is required in Byron Local Environmental Plan 2014 as a matter of urgency.

 

Financial Implications

The Department’s letter of offer for $40,000 in Planning Reform Funding (Attachment 1) was made to Tweed, Lismore, Byron and Ballina Councils. The letter specifically states that: “This funding will be subject to an individual Memorandum of Understanding with each council, and completion of the necessary background work and lodgement of a planning proposal for a Gateway determination to rezone the currently deferred areas by no later 30 June 2017. No extension of the funding beyond the current financial year will be made, and payment will be dependent on the successfully completion of the project within the specified timeframe”.

 

If Council chooses to accept the letter of offer from DPE for $40,000 then this would provide additional funds for Stages 1 – 3 above. However, the trade-off of proceeding down this path is that the conditional deadline for lodging a planning proposal (30 June 2017) is not conducive to the level of community engagement required to ensure strong support for the proposed zones and/or overlays in Stage 4.   As an alternative, this report recommends that Council write to the DPE Secretary advising that a conditional 30 June 2017 deadline will prevent effective community engagement and requesting an extension of time for lodgement of a planning proposal in accordance with the Project Implementation Plan (Attachment 3), with the funding offer being used by 30 June 2017 to advance Stages 1 – 3.

 

If DPE is not willing extend the 30 June 2017 deadline and/or accept expenditure of the funds on a robust community engagement program to better inform the final Planning Proposal, and Council chooses not to accept the offer of $40,000, then the successful completion of this project is likely to require an additional budget allocation in the 2016/17 financial year to meet the Implementation Plan time frame.  This would be the subject of a separate Council report pending Council’s adoption of the report recommendation and the response from DPE in this regard.

 

Statutory and Policy Compliance Implications

The process of amending Byron LEP 2014 must satisfy legislative requirements for application of environmental zones and overlays in Far North Coast LEPs, namely Section 117 Direction 2.5 – Application of E2 and E3 Zones and Environmental Overlays in Far North Coast LEPs.  This direction specifically requires that a planning proposal that introduces or alters an E2 Environmental Conservation or E3 Environmental Management zone, or an overlay and associated clause must be consistent with the Northern Councils E Zone Review Final Recommendations.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.10

 

 

Report No. 13.10         Local Heritage Places Grants 2016-17

Directorate:                 Sustainable Environment and Economy

Report Author:           Luke  Munro , Planner  

File No:                        I2016/1111

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

The inaugural Byron Local Heritage Places Grants have been established by Council to assist property owners to carry out restoration works to listed heritage properties throughout the Shire.

 

There is a total of $13,000.00 in the fund made up of a grant from the Heritage Division of the NSW Office of Environment of $6,500.00 and $6,500.00 from the Council.

 

The Local Heritage Places Grants 2016-17 is jointly funded by Council and the NSW Heritage Division as part of the commitments to heritage management and tourism within Byron Shire. The purpose of the fund is to provide a small grant to support owners of heritage items or draft heritage items in maintaining their heritage property.

 

The focus for the 2016-2017 Local Heritage Places Grants is main street and village properties around the Shire that have potential business and tourist outcomes associated with their heritage significance. The intention is to focus on the Shire’s key towns and villages to improve the appearance and enhance historic streetscapes.

 

Four applications were received this year for projects with a total value of around $79,000. After consideration by the Heritage Adviser and staff, all four projects were each awarded a share of the available $13,000.

 

  

 

RECOMMENDATION:

That Council receive the information in the report on Local Heritage Places Grants 2016-17 and endorse the funding recommendations made by the Heritage Advisor and staff.

 

 

Attachments:

 

1        Confidential - Application for Local Heritage Places Grant Service Station 16 Granuaille Road Bangalow , S2016/12847  

2        Assessment Criteria - Service Station 16 Granuaille Road Bangalow , E2016/94408  

3        Confidential - Application for Local Heritage Places Grant - Bangalow Newsagents 26 Byron Street, Bangalow , S2016/12285  

4        Assessment Criteria - Bangalow Newsagents 26 Byron Street Bangalow, E2016/94410  

5        Confidential - Application for Local Heritage Places Grant Bangalow Uniting Church 17 Station Street Bangalow, E2016/94541  

6        Assessment Criteria - Bangalow Uniting Church 17 Station Street Bangalow , E2016/94411  

7        Confidential - Application for Local Heritage Places Grant - Campbell's House 14 Granuaille Road Bangalow , S2016/12846  

8        Assessment Criteria - Campbell's House 14 Granuaille Road Bangalow , E2016/94412  

 

 

 

Report

 

The inaugural Byron Local Heritage Places Grants have been established with the aid of a grant from the Heritage Division of the NSW Office of Environment and Heritage with Council providing $6,500 to qualify for $6,500 from the Heritage Division.

 

The purpose of the Byron Local Heritage Places Grants is to help property owners carry out restoration works on listed heritage properties. As well as encouraging restorative work, the program raises awareness of the benefits of heritage conservation and in doing so, promotes and preserves the rich local history of the Byron Shire.

 

Up to $3,000 was available for each project from a total funding pool of $13,000. The main conditions are that property owners need to provide one dollar for every dollar contributed jointly by Council and the Heritage Division and that the work must be completed by May 2017.

 

Four applications were received this year.  Each proposal was assessed by

Council’s Heritage Advisor against Heritage Division criteria.

http://www.byron.nsw.gov.au/byron-local-heritage-places-grants-2016-2017

 

Ordinarily a report by the Heritage Advisor would be considered by the Heritage Advisory Panel, but given the need to allocate the fund now, and the status of Panel members and meetings yet to be confirmed, this report has been submitted directly for Council for endorsement. The four successful projects and the grant assistance provided are listed in the attachments.

 

The funding of these four projects enables approximately $79, 000 worth of work to be carried out in this financial year which will increase community participation and pro-active conservation works to heritage assets in the local area.  The fund will also contribute to the business and tourism industry by ensuring the recognition and quality of Byron’s heritage attractions.

 

Financial Implications

 

Council has delivered the Local Heritage Places Grants with the aid of a grant from the Heritage Division of the NSW Office of Environment and Heritage with Council providing $6,500 to qualify for $6,500 from the Heritage Division.

 

Statutory and Policy Compliance Implications

 

The operation of the Local Heritage Places Grants program is a task of the Byron Shire Heritage Strategy 2016-2019.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Report No. 13.11         PLANNING - Draft Byron DCP 2014 - Chapter E8 West Byron Urban Release Area - Submissions Report

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Major Projects Planner

File No:                        I2016/1126

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Council at the Ordinary Meeting 27 October 2016, considered a Report No. 13.6 PLANNING - Draft Byron DCP 2014 - Chapter E8 West Byron Urban Release Area - Submissions Report.

 

At this meeting Council resolved as follows:

 

16-554 Resolved that Council defer consideration of the Byron Shire Development Control Plan 2014 until the next Ordinary Meeting of Council.

 

As such, the report and recommendation is resubmitted to this meeting for Council consideration and determination.

 

In addition to the information previously reported, it should be noted that if required further information on the DCP will be provided under separate cover to this report before the next Council meeting on matters raised in the Councillor workshop to be held 3 November 2016.

 

Background

 

This report presents the public exhibition outcomes on the Draft Byron Development Control Plan 2014 - Chapter E8 West Byron Urban Release Area (draft DCP). Specifically the draft DCP has been prepared to facilitate the development of the West Byron Urban Release area addressing the matters listed under Clause 101 of Byron LEP 1988. The draft DCP includes housing, subdivision, landscaping, environmental, and infrastructure controls for the urban release area.

 

The draft DCP was exhibited for a period of 6 weeks from 22 October to 4 December 2015. A total of 752 submissions were received raising a variety of issues including the scale and character of the development, traffic and infrastructure, and environmental impacts. Having regards to the submissions received a number of minor amendments have been made to the DCP.

 

Council has also received correspondence from the Department of Planning and Environment dated 12 September 2016, noting the time it has taken for the DCP to be finalised since it was delegated back to Council in February 2015. The Department has requested that the matter should be finalised at the earliest opportunity following the 2016 Local Government Elections and no later than October 2016.

 

This report recommends that Council approve Chapter E8 West Byron Urban Release Area as modified plus minor changes to Part A and Part D of Byron Shire DCP 2014. Following approval     

a notice of the decision must be published in a local newspaper within 28 days of the decision being made.  Chapter E8 and the amendments to Part A and D will become effective on the day that notice of the decision is published.

 

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 approve the Byron Shire Development Control Plan 2014 - Chapter E8 West Byron Urban Release Area and associated amendments to Part A and Part D of the Byron Shire Development Control Plan 2014 in Attachments 1 and 2, and that notice of the decision be published in a local newspaper within 28 days of this decision being made.

 

Attachments:

 

1        Part A and D Byron Shire DCP 2014, E2016/82462  

2        draft Byron DCP 2014 Chapter E8 - West Byron Urban Release Area , E2016/83304  

3        Submission Report, E2016/17813  

4        Confidential - Letter notifying of submission withdrawal, S2016/12926  

5        Letter from Dept Planning & Environment, dated 12 September 2016, E2016/84681  

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

 

 

 


 

Zoning Map for the West Byron Urban Release Area

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Report

 

Overview

At the Ordinary Meeting of 17 September 2015, Council resolved (Resolution 15-422) to publicly exhibit the draft DCP for a minimum period of 6 weeks including:

 

a)      the draft Byron Shire Development Control Plan 2014 – Chapter E8 West Byron Urban Release Area (draft DCP);

b)      the draft amendments to Part A of Byron Shire DCP 2014 Section A5 ‘Where this DCP Applies’ and Appendix A1 Dictionary and any other changes to Part A to reference the West Byron Bay site.

 

The draft DCP will provide guidance to development in the West Byron Urban Release Area and it includes controls for the matters listed under Clause 101 of Byron LEP 1988. These are:

a)      a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing

 

b)      an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists

 

c)      an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain

 

d)      a network of active and passive recreation areas

 

e)      stormwater and water quality management controls

 

f)       amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected

 

g)      detailed urban design controls for significant development sites

 

h)      measures to encourage higher density living around transport, open space and service nodes

 

i)        measures to accommodate and control appropriate neighbourhood commercial and retail uses

 

j)        suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

 

The draft DCP also addresses other matters such as traffic noise attenuation along Ewingsdale Road and Aboriginal Cultural Heritage.  It includes links back to other planning controls for Byron Shire under Byron DCP 2014 to avoid unnecessary repetition and to ensure consistency with Section 74C of the EPA Act 1979.

 

Consultation

The draft DCP and the amendments to Part A of Byron DCP 2014 were exhibited for a 6 week period from 22 October 2015 to 4 December 2015.  Council received 752 submissions raising a variety of issues and concerns regarding the draft DCP.  The submissions have been summarised with staff comments in the Submissions Report, Attachment 3. Copies of all submissions have been uploaded to Councillors dashboard. 

 

Issues raised included:

·    Objections to the land being rezoned

·    The size and area of West Byron that had been rezoned

·    Alternate options for the development of West Byron

·    Impacts on flora, fauna, wetlands, acid sulphate soils, groundwater, Belongil Estuary

·    Flooding and stormwater management

·    Buffers to Ewingsdale Road

·    Carbon footprint

·    Governance; and

·    Housing design and affordable housing.

 

In response to submissions, various minor amendments to the draft DCP are recommended to ensure issues are appropriately addressed at the development application stage for West Byron.  These amendments are shown in red italics in the revised draft DCP (Attachment 1) and the Submissions Report.

 

It is noted with the growing popularity of secondary dwellings in Byron Shire, some applicants are pushing the size and scale of these dwelling with large decks and verandahs and in some instances more than doubling the allowable floor area of 60m2. This adds substantially to the cost of construction, and undermines the ability for the secondary dwelling to then be rented or let at an affordable price, or achieve the aims of the SEPP (Affordable Rental Housing) 2009.  To provide guidance on this for West Byron it has been recommended that provisions be added to limit the size of decks and verandahs to no more than 20m2, and that the same control be also added to Chapter D1.4.1 Private Open Space (Secondary Dwellings) for the rest of the Shire.     

 

Council received late correspondence on 30 September 2016 indicating the withdrawal of a submission regarding in part reference number 66 of the submissions report and buffer distances to E Zones and surrounding development in Melaleuca Drive. This correspondence is attached (Attachment 4). From the submission, an agreement has been reached between land owners in this location to adjust property boundaries to provide sufficient buffer to the property in question.

 

No changes are proposed to Part A of Byron DCP 2014 as exhibited.

 

Correspondence has also been received from the Department of Planning and Environment dated 12 September 2016. The Department have requested that the West Byron DCP be considered at the earliest opportunity following the Council elections, and by no later than October 2016. (See Attachment 5) Staff have advised the Department that the DCP is being reported to this meeting of Council. The Department also advise that “if appropriate progress is not made by Council in this matter, the Department will be considering other alternatives to ensure the timely finalisation of the DCP.”

 

Financial Implications

The cost of preparing the draft DCP has been met by Council.

 

Statutory and Policy Compliance Implications

Council has followed the statutory process to amend Byron DCP 2014 under the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulations 2000. Specifically the DCP provisions have been drafted to give effect to the planning controls within the Byron LEP 1988 and as required under Section 74BA (Purpose and Status of Development Control Plans) of the EPA Act 1979. Under Clause 21 of the EPA Regulations 2000, after considering any submissions about the draft development control plan, Council:

(a)  may approve the plan in the form in which it was publicly exhibited, or

(b)  may approve the plan with such alterations as the Council thinks fit, or

(c)  may decide not to proceed with the plan.

 

Recommendation

It is recommended that Chapter E8 West Byron Urban Release Area and associated amendments to Part A and Part D of the Byron Shire DCP 2014 be approved by Council.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Report No. 13.12         PLANNING - BSC ats Koho Projects Pty Ltd LEC 266825 of 2016

Directorate:                 Corporate and Community Services

Report Author:           Ralph James, Legal Services Coordinator

Shannon Burt, Director Sustainable Environment and Economy

File No:                        I2016/1131

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

On 1 April 2016 development application no. 10.2016.189.1 was received by council.  The DA sought consent for the “demolition of existing structures and construction of 10 dwellings and parking for 5 vehicles” pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 on land at 116 Stuart Street, Mullumbimby.

 

On 29 June 2016 Council resolved to grant development consent subject to certain conditions.

 

A rescission motion was then notified and subsequently lodged.

 

At its Ordinary Meeting of 4 August 2016, council resolved to rescind its 29 June 2016 resolution and then resolved to defer consideration of the development application to allow for further consultation with the applicant on amendments to the proposal.

 

Later in the meeting it was resolved that the matter be recommitted. On recommittal, council resolved to grant a deferred commencement consent subject to conditions.

 

On 10 August 2016, a notice of rescission motion was received.

 

At its Ordinary Meeting on 25 August 2016 council resolved to rescind its 4 August 2016 resolution. Council then resolved to refuse development consent.

 

On 5 September 2016 the applicant lodged a Class 1 application to the Land and Environment Court appealing Council’s refusal.

 

On 24 October 2016 the proceedings were listed for a section 34 conciliation conference on 24 January 2017.

 

The Applicant has forwarded (to Council) proposed amended plans. Council’s external experts (briefed for the proceedings) have considered these plans and have provided a full suite of comments.

 

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 the General Manager be authorised to enter into consent orders or a s34 Conciliation Agreement approving development application 10.2016.189.1, as amended, subject to appropriate conditions to be finalised under delegation. 

 

Attachments:

 

1        Report to Council 29 06 2016, I2016/629  

2        10.2016.189.1 - Conditions of consent, E2016/42093  

3        Plans prepared by Koho considered by Council 4 August 2016, E2016/63192  

4        Class 1 Application and related plans, S2016/12070  

5        Site plan related to proposed resolution of proceedings, E2016/94934  

6        Plan of management related to proposed resolution of proceedings, E2016/94933  

7        Confidential - Submissions -Attachment  extraordinary meeting 29 June 2016 - DA 10.2016.189.1 -  Koho 116 Stuart Street Mullumbimby, E2016/42661  

8        Confidential - Legally Privileged- Advice to Council on proceedings (Koho Projects Pty Ltd), E2016/95830  

 

 


 

Report

 

Purpose

 

Given the circumstances which are set out in full in the body of this report, delegation is sought for the General Manager to enter into a section 34 conciliation agreement or to go to a consent orders hearing if Council’s independent external experts agree that the concerns and contentions in the proceedings are addressed.

 

Background

 

On 1 April 2016 development application no. 10.2016.189.1 (“the DA”) was received by council.  The DA sought consent for the “demolition of existing structures and construction of 10 dwellings and parking for 5 vehicles” pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 on land at 116 Stuart Street, Mullumbimby.

 

The DA was publicly notified to nearby and adjoining residents between 14 April 2016 and 27 April 2016. Council received 90 submissions and an on-line petition with 1177 signatures raising objection to the DA.

 

Extraordinary meeting of 29 June 2016

 

On 29 June 2016 Council considered a report on the DA. The report recommended that pursuant to section 80 of the Environmental Planning and Assessment Act 1979, the development application be granted consent subject to recommended conditions.

 

At the meeting the following motion was moved:

 

1.    That Council defer development application 10.2016.189.1 for multi dwelling units (10 single bedroom units) and demolition of existing structures to allow for further consultation with the applicant to seek an amended design that is more compatible with the character of the local area, including heritage conservation zone, particularly regarding bulk, scale and form.

2.    That a report be presented back to the next available Council meeting on this consultation and any amendments proposed to the design.

 

An amendment was moved:

 

1.    That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2016.189.1 for multi dwelling housing (10 single bedroom Dwellings) and demolition of existing structures, be granted consent subject to the recommended conditions listed in Attachment 2.

 

The amendment was put to the vote and declared carried.

 

Subsequently the amendment upon becoming the substantive motion was put to the vote and declared carried (Resolution 16-334).

 

A rescission motion was then notified, with the result being that the DA consent could not be confirmed to the applicant pending the result of the rescission motion.

 

Ordinary Meeting of 4 August 2016

 

At its Ordinary Meeting of 4 August 2016, council resolved to rescind resolution no. 16-334, rendering the DA’s status as unapproved.

 

Council then further considered the matter and resolved as follows (16-417):

 

1.    That Council defer consideration of DA 10.2016.189.1 for multi dwelling units (10 single  bedroom units) and demolition of existing structures, to allow for 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) which is single households on low density residential lots, and

 

b)    building design is made more compatible with the heritage conservation zone (particularly regarding  bulk, scale and form) with a reduction in the number of units.

 

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

 

Later in the meeting it was resolved that resolution 16-406 be recommitted. On recommittal, council resolved as follows:

 

1. 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…

 

As a result, the DA was granted deferred commencement consent subject to conditions outlined in resolution 16-417.

 

On 10 August 2016, a notice of rescission motion (to rescind 16-417) was received. Thus, development approval could not be confirmed to the applicant.

 

Ordinary meeting of 25 August 2016

 

At its Ordinary Meeting on 25 August 2016 Council resolved to rescind resolution 16-417 and then resolved as follows (16-462):

 

That pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, development application 10.2016.189.1 for multi dwelling units (10 single bedroom units) and demolition of existing structures be refused for the following reasons

 

1.    Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, it has not been demonstrated the proposed development is compatible with the Mullumbimby Conservation Area pursuant to Clause 5.10 of the Byron Local Environmental Plan 2014 consent is not granted.

 

2.    Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, it has not been demonstrated the proposed development is compatible with the character of the local area, pursuant to Clause 16A of State Environmental Planning Policy (Affordable Rental Housing) 2009 consent is not granted.

 

3.    Pursuant to Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, the proposed development is not considered to be suitable for the subject site in view of environmental impacts.

 

4.    Pursuant to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be excessive in bulk and incompatible in scale with development in the locality.

 

5.    Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be contrary to the public interest.

 

The applicant was notified of the refusal on 29 August 2016.

 

Land and Environment Court Proceedings

 

On 5 September 2016 the applicant lodged a Class 1 application to the Land and Environment Court appealing Council’s refusal and seeking the following order:

 

That consent be granted to a multi dwelling housing development at 116 Stuart Street Mullumbimby (Lot 1 DP 372438) for development that includes demolition of existing structures, construction of 10 dwellings and parking for 5 vehicles, being a DA lodged pursuant to the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

On 24 October 2016 the proceedings were listed for a section 34 conciliation conference on 24 January 2017.

 

The development application which is the subject of the appeal seeks development consent for the demolition of the existing single-storey dwelling house on the subject site and the associated outbuildings. The proposal also seeks consent for the erection of a multi dwelling housing development comprising a total of 10 x 1 bedroom dwellings each with access from ground level. The proposal seeks to provide three (3) dwellings as Affordable Housing as defined within the State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

The proposal consists of two buildings each containing five dwellings. The first dwelling fronting Stuart Street incorporates a single storey design whilst the remaining nine dwellings have a two-storey design.

 

The proposal involves vehicular access being provided via McGoughans Lane with a total of five (5) parking spaces to be provided. A bin storage area and bicycle parking area also located to the rear of the allotment, and are proposed to be screened by be plantings within the 3.0 metre wide setback to McGoughans Lane. 

 

The site

 

The subject site is legally described as Lot 1 DP 372438, street address 116 Stuart Street, Mullumbimby.  The site is located on the eastern side of Stuart Street and approximately 40 metres south of the Mullumbimby commercial centre. 

 

The site is rectangular in shape with a frontage of approximately 14.94 metres to Stuart Street and a length of approximately 60 metres. At the rear the site adjoins McGoughans Lane. The total area of the allotment is approximately 897.9m².

 

The site contains an existing single-storey dwelling house of fibre cement cladding with a fairly low pitched ‘clip lock’ metal roof.

 

The site is zoned R2 – Low Density Residential under the provisions of Byron Local Environmental Plan 2014 (Land Zoning Map LZN_002BA).

 

 

 

 

The locality

 

The subject site is located within an urban block bordered by Stuart Street (to the west), Burringbar Street (to the north), Station Street (to the east) and Fern Street (to the south).

 

The northern portion of this block contains commercial buildings forming part of the Mullumbimby commercial centre. The central and southern portions of the block contain residential development consisting predominantly of detached houses.

 

The subject site is located within a Heritage Conservation Area and is within the setting of Heritage Item dwelling house at 87 Station Street.

 

The statutory controls

 

The following Statutory Controls are relevant:

·        Environmental Planning and Assessment Act 1979 (“EP&A Act”);

·        Environmental Planning and Assessment Regulation 2000 (“EP&A Reg”);

·        State Environmental Planning Policy (Affordable Rental Housing) 2009 (“AH SEPP”), in particular: Part 2, Division 1 In-fill affordable housing   

·        State Environmental Planning Policy No 55 - Remediation of Land (“SEPP 55”)

·        State Environmental Planning Policy No. 71 - Coastal Protection (“SEPP 71”)

·        State Environmental Planning Policy Building Sustainability Index 2004 (“BASIX”)

·        North Coast Design Guidelines

·        Byron Local Environmental Plan 2014 (“BLEP 2014”), in particular: Clause 5.10 Heritage Conservation

·        Byron Development Control Plan 2014 (“BDCP 2014”)

 

Council’s approach to the proceedings

 

Council’s Land and Environment Court case is that the development application should be refused on the following bases:

 

Characterisation – Parking and Floor Area

 

The proposed development does not provide sufficient parking and floor area having regard to the proper characterization of the development.

 

Heritage impact

 

It has not been demonstrated that the proposed development will not have an adverse effect on the heritage significance of the Mullumbimby Conservation Area pursuant to Clause 5.10 of the Byron Local Environmental Plan 2014 (“BLEP 2014”).

 

Incompatibility with the Character of the Local Area

The proposed development is not compatible with the character of the local area, pursuant to Clause 16A of SEPP ARH and Byron Shire Development Control Plan 2014 (“BDCP 2014”) Chapter E3 Mullumbimby and Chapter C1.6 Special Guidelines.

 

Amenity

The proposed development is likely to have an unacceptable adverse impact on the amenity of residents of adjoining properties in terms of privacy, noise and overshadowing impacts and an unacceptable adverse impact on the privacy of future residents of the proposed development.

Private Open Space

 

The design of the proposed development does not provide adequate private open space for all dwellings.

 

Inadequate Landscaped Area and Deep Soil Zones

The proposed development does not incorporate adequate landscaped area or deep soil zones pursuant to clause 14(1) of SEPP ARH.

 

The Public Interest

The proposed development is contrary to the public interest due to the contentions raised above, the number of submissions received by the Respondent and the number of contributors to an on-line petition.

 

Inadequate Information

 

Inadequate information has been provided to enable a full and proper assessment of the development application. The appeal drawings do not meet the requirements of the Land and Environment Court’s Requirements for Plans.

 

In circumstances where the development application was recommended for approval by Council staff and was subsequently refused by council, it was necessary to retain the following external consultants to advise Council in the proceedings and to ultimately give evidence on its behalf (if necessary):

1.       Robert Staas (assisted by Samantha Polkinghorne) from NBRS Architecture on heritage.

2.       Steven Layman from Steven Layman Consulting on planning.

3.       Stephen Gauld from Day Design on acoustics.

Proposal for a conciliated resolution

On 14 October 2016 the applicant put a proposal as to how it sees that these proceedings might be resolved. The proposal is:

1.       The applicant will compromise its position by proposing amended plans that reduce the number of units from 10 to 8.

2.       The form of the development is set out in the attached site plan (attachment 5).

3.       While any final agreement between the parties will be subject to a set of plans prepared by the applicant, the form of the proposed development will be substantially similar to the development as depicted in the plans that form part of the appeal, subject of course to the reduction in the number of units as indicated in the attached plan.

4.       The applicant will also accept, as part of the conditions of consent, that a Plan of Management should apply to the development. A management plan that may be acceptable to Council is also attached.

 

Considering the proposal the following modifications are apparent to the set of plans first considered by Council at the meeting held 29 June 2016:

 

·    The proposal makes provision for a total of 6 on-site parking spaces (5 car parking spaces were initially proposed) with a modified design configuration for vehicle and bike parking;

·    The proposal reduces the number of dwellings from 10 single bedroom dwellings to 8 dwellings (comprising 6 x 1 bedroom and 2 x 2 bedroom dwellings).

·    The proposal increases the separation distance to 6.0m between the proposed two buildings.

·    The gross floor area (GFA) of the development has been reduced to achieve a Floor Space Ratio 0.48:1 (this is consistent with LEP 2014 requirements and does not rely on bonus FSR available in the AH SEPP);

·    The footprint of proposed dwelling No. 8 also has been modified.

·    The bin storage area has been repositioned in the rear yard.

·    Masonry acoustic fencing on the side boundaries has not been specified.

·    The plans also now note 1.5sqm of building signage and pergola gate entry.

 

It is unclear from the information provided whether a share car arrangement remains proposed for the development. The Plan of Management advises that “Car Spaces will be designated to a specific tenant” this would result in at least two of the proposed dwellings not having on-site parking (relying on bicycle/motor bike parking, walking distance to services etc in accordance with the AH SEPP).

 

It is also not apparent whether the offer for the affordable housing units to be maintained in perpetuity as affordable housing (not just for the required ten year period).       

 

In making the proposal the applicant (through its Solicitor) informed Council as follows:

1.      This offer is being made at an early stage of the proceedings so that, if it is accepted, the cost of the proceedings can be limited (particularly the costs associated with solicitors and counsel, third party consultants and independent expert evidence).

2.      As is evident from the history of the matter the applicant’s proposed development has been assessed as being acceptable by Council planning staff. The development was and is compliant with the relevant statutory controls. The development was also considered as being acceptable from a character perspective by Council’s independent heritage consultant.

3.      Therefore the reduction in the number of units is a significant compromise by the applicant and is intended to facilitate a quick and cost effective resolution of the proceedings.

4.      In circumstances where this offer is not accepted by Council, and the applicant ultimately obtains consent for the development (either 10 or 8 units), the applicant has instructed their legal representative to consider the question of costs and, depending on advice obtained by the applicant, make an application for costs.

 

Comment was sought from Council’s external experts in relation to the amended proposal. Legal advice was also sought in relation to the amended proposal.

The legal advice provided (which includes comments from the external experts) is CONFIDENTIAL attachment 8.

On 26 October 2016 Council filed and served its Statement of Facts and Contentions in the proceedings.

 

Council has been advised by the Applicant that it (Koho) is currently preparing a NEW 8 x 1 bedroom design that addresses the concerns raised in the Statement of Facts and Contentions. It is indicated that further amended plans will be provided by 4 December 2016 (ie after agenda closure).

 

These further amended plans and further legal advice and external expert comment will, however, come to councillors in advance of council’s meeting.

 

Financial Implications

 

The estimated professional legal costs of defending this appeal are $22,000 excluding GST, assuming that the hearing in the matter only takes 1 day. If the hearing takes longer the legal costs will be higher.

Because Council staff recommended that this development be approved, Council would have to retain the services of independent external experts. Estimates as to experts costs are approximately $45,000.

 

Statutory and Policy Compliance Implications

 

Following the applicant’s proposal, staff requested advice from Marsdens on the prospects of success of defending the appeal (both the original applications and assuming the amendments discussed in the further proposal are made to the application).

 

That advice is covered by legal professional privilege and is presented as CONFIDENTIAL at Attachment 8.

 

It is recommended that Council move into confidential session if Councillors want to discuss the legal advice as per the following recommended motion:

 

1.       That pursuant to Section 10A(2)(g) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss BSC ats Koho Projects Pty Ltd LEC 266825 of 2016.

 

2.       That the reasons for closing the meeting to the public to consider this item are that attachment 8 to the report contains advice concerning litigation and advice that would be privileged from production in legal proceedings on the grounds of legal professional privilege.

 

3.       That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as it could compromise the position of the Council in the legal proceedings.

 

The differences between finalising the Court proceedings via a Conciliation Agreement compared to Consent Orders are as follows:

 

1.       A Conciliation Agreement is between Council and the applicant ie Council stays the determining authority.

 

         Use of a Conciliation Agreement would bring the Court cases to an end immediately and without the need for Council to include any expert witness costs or any legal costs beyond the minor costs associated with finalising the Conciliation Agreement.

 

2.       Consent Orders are Orders issued by the Court by agreement ie the Court becomes the determining authority and has the power to refuse to issue the orders the parties are asking for and/or to make different orders instead. With a Consent Orders hearing, everything, including the proposed conditions, is open to the Court to finally determine and, for example, a Commissioner might disagree with proposed conditions and issue orders with different conditions.

 

         Because the Court becomes the determining authority, Consent Orders will not be entered by the Court without a hearing. That means a hearing would need to be held (usually commencing on-site then adjourning to a local Court house) and solicitors, expert witnesses and people who lodged an objection who wished to make a verbal submission to the hearing would have to attend, and Council would incur the associated legal and witnesses costs. 

 

         Usually, Consent Orders Hearing are shorter than defended hearings, often only 2 - 4 hours instead of the minimum full day hearing or more, but the hearing still needs to be prepared for and attended, just like a defended hearing would be, which means that the vast majority of the costs are still incurred.

 

         Due to the reduced certainty and the higher costs, this is usually not the option recommended by staff for disposal of the court cases where Conciliation Agreement option is still available, as is the case here. 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         PLANNING - 5.1986.278.2 S96 Application to relocate carparking associated with Byron Services Club, to facilitate the Byron Bay Bypass at 132-138 Jonson Street Byron Bay

Directorate:                 Sustainable Environment and Economy

Report Author:           Rob Van Iersel, Consultant Planner

File No:                        I2016/1134

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

 

Section 96 Application No:

5.1986.278.2

Proposed modification:

S96 Relocate Carparking Required Off Site

Original Development:

Alterations and Additions to Byron Services Club

Type of s96 sought:

 

 

 

 

Property description:

LOT: 1 DP: 804082, LOT: 7 DP: 258071, LOT: 8 DP: 818197

132-138 Jonson Street BYRON BAY

Parcel No/s:

34800, 34760, 157310

Applicant:

Byron Shire Council

Owner:

Byron Shire Council & Byron Bay Services Club Ltd

Zoning:

B2 Local Centre

S96 Date received:

1 August 2016

Original DA determination date:

3 November 1986

Integrated Development:

No

Public notification or exhibition:

-    Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 18/08/16 to 31/08/16

-    Submissions received: None

Planning Review Committee:

Not applicable

Delegation to determination:

Council

 

Issues:

·    Relocation of approved car parking

 

Summary:

 

An application has been received to modify a 1986 development consent for the Byron Bay Services Club, to relocate the car parking that was required to be provided on adjoining Council-owned lots Lot 7 DP258071 and Lot 8 DP818197, to alternate sites in the Byron Town Centre that are in the care and control of Council.

 

The relocation of car parking is required to facilitate the recently approved Byron Bay Bypass.

The original approval for the Services Club, DA 5.1986.278.1, was conditioned to require the provision of 71 spaces on two lots located to the south of the Club building (historically known as Lots 7 & 8 DP 604983; now known as Lot 7 DP258071 and Lot 8 DP818197).  At that time, the land was owned by the Services Club.  The two lots are now owned by Byron Shire Council. 

 

The car park was only partially completed and the land has since undergone boundary adjustments.

 

The current application proposes that the car parking spaces to be relocated from the subject lots be provided on two sites within the CBD area where Council has recently provided additional car parking spaces; being at the corner of Bay and Middleton Streets, and on the Butler Street reserve.  In accordance with the provisions of Chapter B4 of Council’s DCP 2014, a total of 89 spaces would be allocated in this regard, being the 71 spaces relocated and an additional allowance of 25%.

 

The proposal meets the requirements of Council’s DCP (Chapter B4) and is acceptable. 

 

It is recommended that the proposed modification be supported.

 

The proposed modification is reported to Council for determination as it is on Council owned land.

 

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, pursuant to Section 96 of the Environmental Planning & Assessment Act 1979, that Application 5.1986.278.2 for S96 Relocate Carparking Required Off Site, be approved by modifying Development consent number 5.1986.287.1 as follows:

 

Delete the following condition/s:

 

2.   The following conditions are to be complied with prior to occupation of the building:

a)    The driveways, access aisles and parking areas be constructed in accordance with plans approved by Council;

b)    The site being landscaped in accordance with the approved landscape plan prior to occupying the development and maintained at all times to the satisfaction of the Council;

c)    The provision of vehicle access to the building by means of layback kerb vehicle entrances in accordance with Council’s Specification of Engineering Works; Standard No. F101;

d)    The applicant is to provide concrete foot paving 1.2 metres wide fronting all lands between the northern car park entrance of the existing RSL club to the southern boundary of the proposed car park on Lots 7 & 8 in accordance with Council’s specifications for engineering works and plans submitted in triplicate and approved by the Engineering Department prior to commencement of the work.

e)    A carparking area containing 71 spaces be constructed on Lots 7 & 8 DP 604983.

 

 

 

Insert the following condition:

 

2.   The following conditions are to be complied with prior to occupation of the building:

a)    The driveways, access aisles and parking areas be constructed in accordance with plans approved by Council;

b)    The site being landscaped in accordance with the approved landscape plan prior to occupying the development and maintained at all times to the satisfaction of the Council;

c)    The provision of vehicle access to the building by means of layback kerb vehicle entrances in accordance with Council’s Specification of Engineering Works; Standard No. F101;

d)    The applicant is to provide concrete foot paving 1.2 metres wide fronting all lands between the northern car park entrance of the existing RSL club to the southern boundary of the proposed car park on Lots 7 & 8 in accordance with Council’s specifications for engineering works and plans submitted in triplicate and approved by the Engineering Department prior to commencement of the work.

e)    Deleted – Amendment 5.1986.278.2.  Council notes that a credit of 71 car parking space exists in relation to the Byron Bay Services Club, associated with the removal of spaces from within Lot 7 DP 258071 and Lot 8 DP 818197.

 

 

 

 

 

 

 


Assessment:

 

1.       INTRODUCTION

 

1.1     History/Background

 

The site has a long history of development.  Council’s Authority database records the earliest development as BA 63/2021, for alterations to the Byron Bay RSL premises, approved 22/3/1963.  Several development approvals were issued for the site throughout the 1970’s, 1980’s and 1990’s. 

 

The relevant consent is:

Development consent DA 5.9186.278.1, issued on 3/11/1986, for alterations and additions to the existing Byron Services Club premises.  This development consent included a requirement to construct 71 car parking spaces within two adjoining lots, located to the south of the club, historically known as Lots 7 & 8 DP 604983.  At that time, Lots 7 & 8 were owned by the Services Club.  They are now owned by Byron Shire Council, and are known as Lot 7 DP 258071 & Lot 8 DP 818197. 

 

The car park was only partially completed.

 

The consent also required that Lots 7 & 8 be leased to Council for a period of up to 5 years, with an option to purchase the land at the end of the lease period.  It further required that the Byron Bay Services Club sub-lease the land for the purposes of a car park.

 

Some time after granting this approval, Council acquired Lots 7 & 8.

 

A brief description of subsequent applications is as follows:

·    DA 10.2001.82.1 staged alterations and additions to RSL, approved 18/6/2001.

·    S96 10.2001.82.2 amended plans, approved 24/8/2001.

·    S96 10.2001.82.3 alteration to include archive storage space, approved 20/11/2002.

·    DA 10.2006.374.1 alterations and additions to Byron Bay Services Club, approved 6/10/2006.

·    S96 10.2006.374.2 to make alterations to floor plan and increase car parking spaces, approved 21/3/2007.

·    DA 10.2008.254.1 alterations and additions to Byron Services Club, approved 5/6/2008.

·    DA 10.2008.754.1 alterations and additions to Byron Services Club incorporating car parking on Council land, approved 01/07/2010.  Consent provided for car parking on the adjoining land (i.e. Lots 7 & 8) and contained the following condition:

5)     Limitations of this consent

The component of the development consent that provides for the use of two Council owned allotments legally described as Lot 7 DP 258071 and Lot 8 DP 818197 for the purposes of a car park, does not diminish the potential future use of the land for a road or town centre bypass.

This development consent does not provide approval for the use of any part of Lot 9 DP 818197 as a car park associated with the Byron Bay Services Club.

 

Note:  A separate application has been made under Section to modify DA 10.2008.754.1, in the same manner as the subject application. 

 

 

 

 

 

1.2     Description of the proposed development

 

This application seeks approval to amend Development Consent 5.1986.278.1 to relocate car parking required by the consent to be provided on Lot 7 DP 258071 and Lot 8 DP 818197, to alternate sites in the Byron Town Centre that are in the care and control of Council.

 

The relocation of car parking is required to facilitate the recently approved Byron Bay Bypass.

 

Development Consent 5.1986.278.1 was conditioned to require the provision of 71 spaces on two nearby southern allotments (historical Lots 7 & 8 DP 604983), which were at that stage owned by the Services Club and now owned by Byron Shire Council (currently known as Lot 7 DP 258071 & Lot 8 DP 818197).

 

The current application proposes that the car parking spaces to be relocated from the subject lots be provided on two sites within the CBD area where Council has recently provided additional car parking spaces; being at the corner of Bay and Middleton Streets, and on the Butler Street reserve.  In accordance with the provisions of Chapter B4 of Council’s DCP 2014, a total of 89 spaces will be allocated in this regard, being the 71 spaces relocated and an additional allowance of 25%.

 

1.3     Description of the site

 

The subject land includes the following properties:

 

Lot

DP

Land area

Zone

Improvements

Ownership

1

804082

  6,366.0m2

B2 Local Centre

Byron Bay Services Club (BBSC), part Old Norco building & car park.

Byron Bay Services Club Ltd

7

258071

     775.8m2

B2 Local Centre

Car park

Council

8

818197

     983.8m2

B2 Local Centre

Part car park; part generally unformed access to adjoining businesses

Council

 

Surrounding development includes commercial development to the north and south, the North Coast Railway immediately to the west, and residential development to the east, on the opposite side of Jonson Street.

 

The site is constrained by:

Acid Sulfate Soils (Classes 3 & 5), covers all of the land

 

Bushfire Prone Land (Buffer), covers all of the land

 

Flood; Lots 7 & 8 not mapped; flood mapping covers western edge of Lot 1

 

Heritage; Services Club and adjoining buildings (old Norco Butter Factory)

 

SEPP 14 Wetland (mapped area fringes western boundary of Lot 1)

 

SEPP 71 Coastal Protection; whole of land is mapped.

 

2.       SECTION 96(1A)

 

Section 96(1A)

Comment:  The relocation of car parks is unlikely to result in any significant environmental impacts, as the spaces will be relocated into existing constructed car parking areas under the care and control of Council.

The development, as modified, remains substantially the same as that approved, which was alterations and additions to existing premises.  The modification has no physical impact on the approved building works.  It does reduce the number of ‘off-street’ car parking spaces that are available in the immediate vicinity of the Services Club.  However, the spaces to be relocated are from within an area that is physically separate to the Services Club car park, which remains unaltered.  Approval for the modification will establish a car parking credit for the 71 spaces to be relocated.

The application has been notified in accordance with Byron DCP 2014.  No submissions were received.

Section 96(3)

Comment:  Section 79C(1) matters are considered below.

Section 96(4)

Comment:  Noted.

Section 96(6)

Comment:  Noted.

Section 96(8)

Comment:  Noted.

 

3.       ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000

 

Clause 115(1)

Comment:  The application is consistent with the requirements.

Clause 115(2)

Comment:  Not applicable.

Clause 115(5)

Comment:  There is no relevant design review panel.

Clause 115(6)

Comment:  BASIX Certificate not required.

Clause 115(7)

Comment:  Not applicable.

Clause 115(8)

Comment:  Not applicable.

Clause 115(10)

Comment:  Not applicable.

Clause 116

Comment:  Not applicable.

Clause 117(1)

Comment:  Noted.

Clause 117(2)

Comment:  Not applicable.

Clause 117(3A)

Comment:  Noted.

Clause 117(4)

Comment:  The application has been notified in accordance with the provisions of Byron DCP 2014.

Clause 120(1)

Comment:  There are no relevant concurrence bodies or approval authorities.

Clause 120(2)

Comment:  Not applicable.

 

4.       SUMMARY OF REFERRALS

 

There were no referrals for this application.

 

5.       SECTION 79BA – BUSH FIRE PRONE LAND

 

Under section 79BA of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land, that the development complies with the document Planning for Bush Fire Protection 2006.  The site is mapped as bush fire prone land.

 

The relocation of car parks has no bush fire implications.

 

6.       SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

Having regard to the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979 (EP&A Act), the following is a summary of the evaluation of the issues.

 

6.1     State Environmental Planning Instrument

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy No 14—Coastal Wetlands

Consideration: A SEPP 14 wetland is mapped to the west of the land and on the western fringe of the subject land.  The relocation of car parking spaces does not raise any issues relating to the SEPP 14 area.

The car parking spaces to be removed are to be relocated to within existing car parks at Butler Street and Middleton Street.  Neither of these areas is mapped under SEPP 14.

State Environmental Planning Policy No 71—Coastal Protection

Consideration: The subject site is within the coastal zone, as are the Middleton and Butler Street car parks.  The proposed modification, involving relocation of approved car parking spaces into existing car parks, raises no significant issues under this SEPP.

 

6.2     Byron Local Environmental Plan 2014 (LEP 2014)

 

LEP 2014 is an applicable matter for consideration in the assessment of the subject application in accordance with subsection 79C(1) of the EP&A Act because it applies to the subject land and the proposal. The LEP 2014 clauses that are checked below are of relevance to the proposal:

 

Part 1

1.1| 1.1AA| 1.2| 1.3| 1.4| Dictionary| 1.5| 1.6| 1.7| 1.8| 1.8A| 1.9|

1.9A

Part 2

2.1| 2.2 | 2.3 |Land Use Table | 2.4 | 2.5 | 2.6 | 2.7 | 2.8

Part 3

3.1| 3.2| 3.3

Part 4

4.1| 4.1A| 4.1AA| 4.1B |4.1C| 4.1D| 4.1E| 4.2| 4.2A| 4.2B| 4.2C| 4.2|4.3|4.4 |4.5 |4.6

Part 5

5.1| 5.2| 5.3| 5.4| 5.5| 5.6| 5.7| 5.8| 5.9| 5.9AA| 5.10| 5.11| 5.12|

5.13

Part 6

6.1| 6.2| 6.3| 6.4| 6.5| 6.6| 6.7| 6.8| 6.9

 

In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:

(a)     The approved development is defined in the LEP 2014 Dictionary as a registered club;

(b)     The land is within the B2 Local Centre Zone according to the Land Zoning Map;

(c)     The proposal is permitted with consent; and

(d)     Regard is had for the Zone Objectives as follows:

 

Zone Objective

Consideration

To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

To encourage employment opportunities in accessible locations.

To maximise public transport patronage and encourage walking and cycling.

To encourage vibrant centres by allowing residential and tourist and visitor accommodation above commercial premises.

The relocation of car parking spaces is generally consistent with the objectives.  In particular, it may assist in encouraging walking and cycling and encouraging a vibrant centre.

 

The remaining checked clauses have been taken into consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act.  The proposed development complies with all clauses of LEP 2014 (in some cases subject to conditions and/or to the satisfaction of other assessing officers).

 

6.3     Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

 

None applicable.

 

6.4     Byron Shire Development Control Plan 2014 (DCP 2014)

 

DCP 2014 is an applicable matter for consideration in the assessment of the subject application in accordance with subsection 79C(1) of the EP& A Act because it applies to the land to which LEP 2014 applies. The DCP 2014 Parts/Chapters that are checked below are of relevance to the proposal:

 

Part A

 

Part B Chapters:

B2| B3| B4| B5| B6| B7| B8| B9| B10| B11| B12| B13|

B14

Part C Chapters:

C1| C2| C3| C4

Part D Chapters

D1| D2| D3| D4| D5| D6| D7| D8

Part E Chapters

E1| E2| E3| E4| E5| E6| E7

 

These checked Parts/Chapters have been taken into consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act.  The proposed development is demonstrated to meet the relevant Objectives of all relevant Parts/Chapters (in some cases subject to conditions and/or to the satisfaction of other assessing officers).

 

Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access

The original approval (10.1986.278.1) pre-dates the current DCP parking controls.  The approved plan showed the provision of 61 spaces on Lot 1, immediately to the north of the club building, with a further 71 spaces on lots 7 & 8.

 

Chapter B4 provides four mechanisms for the provision of parking for a development:

·    On-site, in accordance with the rates outlined in Table B4.1; or

·    Utilisation of existing ‘parking credits’ based on existing approved uses; or

·    Payment of a contributions towards the provision of parking as part of a voluntary planning agreement; or

·    Provision on increased on-street parking capacity.

 

The removal of approved car parking spaces from the Byron Bay Services Club development must therefore be compensated by way of one of these measures. 

 

As additional parking cannot be provided on-site, the application proposes to provide additional on-street parking to compensate for the 71 spaces to be removed from Lots 7 & 8.

 

Part B4.2.7 of Chapter B4 of the DCP provides:

Council will consider proposals to increase on street parking capacity for the provision of some or all customer car parking spaces by increasing on street parking capacity where there is a material public benefit, and where:

a)    The net increase in formalised (i.e. paved &/or linemarked) on street parking is 25% greater than the number otherwise required on site;

b)    The resulting streetscape conforms with the principles of good urban design;

c)    The level of pedestrian, cycle and traffic amenity on the street is maintained; and

d)    The proposal is not detrimental to utility services.

 

In accordance with this requirement, the removal of 71 spaces from within Lots 7 & 8 will require the provision of 89 on-street spaces elsewhere (i.e. 71 spaces + 25%).  These spaces are to be provided by Council, as both land owner and proponent of the modification application. 

 

There are two mechanisms by which Council funds the provision of public on-street car parking:

·    from general fund revenue; or

·    using Section 94 contributions, paid in association with approved development in the area.

 

In this case, it is not appropriate to use Section 94 contributions to pay for the 89 spaces required to compensate for the removal of spaces on Lots 7 & 8, as those funds have been paid by other developers to make up shortfalls of parking on specific sites.

 

Parking funded by rate revenue, reserve trust funds, grants or other general funds can be used to provide the additional spaces.

 

There are two sites in Byron Bay Town Centre where Council has recently provided additional car parking:

·    the car park at the corner of Bay and Middleton Streets, where Council recently created an additional 44 spaces; and

·    the Butler Street reserve, where recent works have provided a capacity of 251 spaces.

 

Car Park – Bay & Middleton Streets

 

Car Park – Butler Street

 

There is a total of 295 spaces that have been provided recently in the Town Centre.  This is significantly in excess of the 89 spaces required to compensate for the loss of parking on Lots 7 & 8.

 

It is considered that this adequately addresses the requirements of Chapter B4 of the DCP.

 

6.5       Any Planning Agreement or Draft Planning Agreement?

 

 

Yes

No

Is there any applicable planning agreement or draft planning agreement?

Consideration:

 

 

 

 

6.6     Environmental Planning & Assessment Regulation 2000 Considerations

 

Clause

This control is applicable to the proposal:

I have considered this control as it relates to the proposal:

If this control is applicable, does the proposal comply?

92

No

N/A

N/A

93

No

N/A

N/A

94

No

N/A

N/A

94A

No

N/A

N/A

* Non-compliances and any other significant issues discussed below

 

6.7       Any coastal zone management plan?

 

 

Satisfactory

Unsatisfactory

Not applicable

Is there any applicable coastal zone management plan?

Consideration:

 

6.8       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

Impact on:

Likely significant impact/s?

Natural environment

No. The proposal will not have a significantly adverse impact on the natural environment of the locality.

Built environment

No. The proposal will not have a significantly adverse impact on the built environment of the locality.

Social Environment

No. The proposal will not have a significant social impact on the locality.

Economic impact

No. The proposal will not have a significant economic impact on the locality.

 

6.9     The suitability of the site for the development

 

The application proposes to amend the 1986 approval to allow for the removal of 71 car parking spaces from Lots 7 & 8.  The suitability of the site is not a significant consideration in this case.

 

However, removal of these spaces requires that the loss of parking be compensated by way of increased on-street capacity elsewhere, and the application proposes that this be achieved by utilisation of recently constructed parking at the corner of Bay and Middleton Streets and at the Butler Street site.

 

Formal car parking is constructed on both of those sites and both are consistently utilised for public parking, demonstrating the suitability of these two sites for the intended purpose.

 

6.10   Submissions made in accordance with this Act or the regulations

 

The application was publicly exhibited.  There were no submissions made on the application.

 

 

 

 

6.11   Public interest

 

The proposal is unlikely to prejudice or compromise the public interest or create an undesirable precedent.

 

6.12   Section 5A of the EP&A Act – Significant effect on threatened species etc

 

Having regard to sections 5A, 5C and 5D of the EP&A Act, there is unlikely to be a significant effect on threatened species, populations or ecological communities, or their habitats as a result of the proposal because no physical impacts on vegetation will result from the proposal.

 

6.13   Section 5B of the EP&A Act – Have regard to register of critical habitat

 

The NSW Critical Habitat Register does not identify any critical habitat on or adjacent to the site.

 

7.       DEVELOPER CONTRIBUTIONS

 

7.1     Water & Sewer Levies

 

No Section 64 levies will be required.

 

7.2     Section 94 Contributions

 

No Section 94 Contributions will be required.

 

8.       CONCLUSION

 

An application has been received to modify Development Consent 5.1986.278.1, which approved alterations and additions to the Byron Bay Services Club, to relocate the car parking that was required to be provided on adjoining land to alternate sites in the Byron Town Centre that are in the care and control of Council.

 

The relocation of car parking is required to facilitate the recently approved Byron Bay Bypass.

 

The original approval for the Services Club, DA 5.1986.278.1, was conditioned to require the provision of 71 spaces on two lots located immediately south of the Club (historically known as Lots 7 & 8 DP 604983; now known as Lot 7 DP258071 and Lot 8 DP818197).  At that time, Lots 7 & 8 were owned by the Services Club.  They are now owned by Byron Shire Council. 

 

The car park was only partially completed and the land has since undergone boundary adjustments.

 

The current application proposes that the car parking spaces to be relocated from the subject lots be provided on two sites within the CBD area where Council has recently provided additional car parking spaces; being at the corner of Bay and Middleton Streets, and on the Butler Street reserve. 

 

In accordance with the provisions of Chapter B4 of Council’s DCP 2014, a total of 89 spaces will be allocated in this regard, being the 71 spaces relocated and an additional allowance of 25%.

 

The proposal is consistent with the requirements of Chapter B4 of Council’s Development Control Plan, relating to the provision of car parking, and is therefore considered to be acceptable. 

 

It is recommended that the proposed modification be supported.


 

 

9.       DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

 

Has a Disclosure Statement been received in relation to this application

No

Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.

No

 

Disclosure Statement register details:

Nil

  


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                               13.14

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.14         Council Part Road Reserve Closure and Subsequent sale at end of Durrumbul Road Adjoining Lot A DP 389649

Directorate:                 Infrastructure Services

Report Author:           Deanna Savage, Administration Officer Infrastructure Services

File No:                        I2016/1123

Theme:                         Community Infrastructure

                                      Local Roads and Drainage

 

 

Summary:

 

A report went to Council on 6 October 2016 with Res 16-527 as the outcome deferring a decision to this Council meeting.

 

The following report provides details as to why it is recommended the original report and application for Part Road Reserve closure be re-instated and endorsed by Council.

 

The original report was requesting an endorsement of Council Part Road Reserve Closure and sale to adjoining land owner that part Durrumbul Road which is located within Lot A DP 389649 722 Main Arm Road Mullumbimby.

 

  

 

RECOMMENDATION:

1.       That Council endorse the part road reserve closure and sale to adjoining land owner             that part of Durrumbul Road which is located within Lot A DP 389649 722 Main Arm           Road Mullumbimby as per Figure 1 of report I2016/1123.

 

2.       That Council ascertain market value by retaining a suitably qualified Valuer and delegate to the General Manager the authority to enter into a contract for sale, once the closure of the road reserve is complete, for a value no less than the highest value placed on said land by the independent Valuer.

 

3.       That, without limiting the delegation to the General Manager to negotiate a contract suitable to the Council, terms and conditions of the contract will include requirements for:

 

i.        the applicant to pay all costs associated with the part road closure and subsequent sale, including but not limited to:

 

a)      Council application fees

b)      Council’s surveyor's fees and survey, valuation and legal costs

c)      all registration fees

d)      legal costs

 

4.       That the new lot created by the part road closure be consolidated into corresponding           property parcel number PN117430 (Lot A DP 389649 722 Main Arm Road           Mullumbimby).

 

Attachments:

 

1        Letter to Mr DO Thompson and Ms ML Plowman Re: Interest in Potential road reserve closure and purchase Durrumbul Road which runs through their property Lot A DP 389649, E2015/82707  

2        Submission from M. Phelps against the proposed sale and closure of Lot A DP389649 Durrumbul Road Main Arm, S2016/4925  

3        Submission from Stephen Phelps against the proposed sale and closure of Lot A DP389649 Durrumbul Road Main Arm, S2016/4923  

4        Submission from Mark Standford and Stephen Phelps against the proposed sale and closure of Lot A DP389649 Durrumbul Road Main Arm, S2016/4924  

5        Submission from NSW Rural Fire Service regarding the sale and road closure of Lot A DP 389649 Durrumbul Road, S2016/5949  

6        Submission against the proposed road closure to 722 Main Arm Road from Jarrod and Samara Zillwood, S2016/5232  

7        Submission from Sally Wagg regarding the Closure of Road Reserve Lot A DP 389649 (cc P. Holloway), S2016/5003  

8        PDF of Email Debra Gruszka Hungerford Lehmann Solicitor dated 2 June 2016 re Negotiations and Submissions Road Closure 20160113 Sally Anne Wagg adjoining property Lot A DP 389649 722 Main Arm Road .. Claiming AD Medium Filum Aquae, E2016/85219  

9        PDF of Submission from Marc Beckman Mills against the proposed sale and closure of Lot A DP389649 Durrumbul Road Main Arm, E2016/85207  

10      PDF of Submission from Stewart Dodd against the proposed sale and closure of Lot A DP389649 Durrumbul Road Main Arm, E2016/85210  

11      Submission against the proposed road closure to 722 Main Arm Road from John Singh, S2016/5233  

12      PDF of Email Submission Official from David Cook Team Manager Far North Coast NSW Rural Fire Service to DSavage No Objection to Part Road Closure Council road reserve adjoining LotA DP 389649 Durrumbul Road, E2016/85222  

13      Letter from Meredith & David Thompson - Submission Expressing approval of the road closure of Council Road Reserve, S2016/4386  

14      Supplementary Submission from David Thompson & Meredith Plowman (Thompson) regarding the proposed Road Reserve Closure, S2016/5966  

15      Letter from Meredith Plowman & David Thompson regarding the Potential Purchase and Road Reserve Durrumbul Rd, S2016/7437  

16      Submission of Objection to the closure of road reserve Lot A DP 389649 from P A Maloney 1 Settlement Road Main Arm, S2016/5468  

17      PDF of Email from John Lindsay withdrawing submission RE: 802 Main Arm Rd of the 3/06/2016, E2016/85223  

18      PDF of Email from John Lindsay - An objection to the proposed  northern Durrumbul Rd (Wagg property) exit closure., E2016/85213  

19      Questions raised by site inspection of Part Road Reserve closure within Lot A DP 389649 held 25 October 2016, E2016/95129  

20      Handbook for Driveway access to Properties part of the Northern Rivers Local Government Development Design and Construction Manuals, E2016/96172  

21      Designs R-14 Driveways & Vehicular crossings for non kerbed roads R15 - Longitudinal grading details for non-kerbed roads references out of Handbook for Driveway access to Properties Northern Rivers Local Government, E2016/96184  

 

 


 

Report

 

Due to compliance issues concerning Lot 6 DP 775447 (Figure 2) Council decided to commence a part road closure at the end of Durrumbul road which is located within Lot A DP 389649.  A letter was sent to the owners of Lot A DP 389649, Mr DO Thompson & Ms ML Plowman (Attachment 1), for the closure and subsequent purchase of part road reserve which goes through their property 722 Main Arm Road, Mullumbimby, at the end of Durrumbul Road, (indicated in red) as per Figure 1 below. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 1

 

The closure was advertised in The Byron Shire News on 31 March 2016, with a 28 day submission period.  All adjoining landowners that could be affected by the closure were informed and all Authorities (which are listed on the Crown Lands website under the new Road Closure Procedures for Council) were also informed.

 

Submissions sent in are summarised in the table below.  There were no submissions of objection from any Authorities contacted and the official submission from the Rural Fire Service can be read at Attachment 12.

 

Summary of submissions made:

 

Document #

Name & Address

Submission Summary

Response

S2016/4925

M Phelps – Lot 4 DP 578269 Durrumbul Road Main Arm

Objection – that the road is used by local residents

 

S2016/4923

Stephen Phelps – Lot 4 DP 578269 Durrumbul Road Main Arm

Objection – he claims that it is the only useable access to lot 6 DP 775447

Lot 6 DP 775447 has a legal access at 802 Main Arm Road. Can be seen on Figure 2.

S2016/4924

Stephen Phelps – Dept.Captain Former Training Officer Instructor and Mark Standford – Main Arm Fire Station

Objection – they state that this access road needs to be kept open as it is a vital point to the 100 acres paddock (Lot 6 DP 775447) as safe area in the event of a bush fire coming from the west.  That the main entrance of this lot at Main Arm Road is not suitable for large or small trucks

Claims were made under role as RFS however not endorsed by RFS – A call was made to the rural fire service who stated that this submission was made without the direct authority of the RFS.  Please view E2016/85222 for formal RFS submission

S2016/5949

Stephen Phelps – Dept.Captain Former Training Officer Instructor and Mark Standford – Main Arm Fire Station

Objection – they state that this access road needs to be kept open as it is a vital point to the 100 acres paddock (Lot 6 DP 775447) as safe area in the event of a bush fire coming from the west.  That the main entrance of this lot at Main Arm Road is not suitable for large or small trucks

This submission is exactly the same as the one above S2016/4924 and was cut and paste onto RFS Letter Head however was not endorsed by the RFS.  Please view E2016/85222 for formal RFS submission

S2016/5232

Jarrod and Samara Zillwood – Lot 6 DP 775447 802 Main Arm Road Main Arm

Objection – they are currently living on the property.  They have a number of reasons why this closure should not go ahead.  Please review the attachment

 

S2016/5003 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

E2016/85219

Sally Wagg – Lot 6 DP 775447 802 Main Arm Road Main Arm

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Debra Gruszka Hungerford Lehmann Solicitor

Objection – was under the impression that she owned this section of road.  Her address has been Lot 6 Durrumbul Road and not Main Arm Road up until January 2016 and the road has always been used as a main access.  Sally claims her Main Arm access has no formal driveway and is not accessible in wet weather.  The access is used by the people that agist cattle on her property.  Was concerned she could not get hold of Council and asked for an extension on submissions.

Refer to attachment for full submission from Debra Gruszka Hungerford Lehmann Solicitor on behalf of Sally Wagg

The Road Reserve in question has always been a Council Road Reserve.  During the last heavy rain the causeway was flooded and inaccessible from Durrumbul Road and her Main Arm access had to be used.  A change of address was issued in January 2016 to address compliance issues and show legal/main access.  Sally Wagg was granted an extension on submissions and was given an extra 3 weeks.

E2016/85207

Marc Beckman Mills – Lot 1 DP 569851 96 Durrumbul Road Main Arm

Objection – expresses his horror in that the closure will split the community on that side of the river.  Concerned about emergency services and access for stock trucks and feed trucks.

 

E2016/85210

Stewart Dodd – Lot 1 DP 569851 96 Durrumbul Road Main Arm

Objection – Closure will divide the community, put added stress onto Main Arm Road from the agisted Cattle, alternate access for emergency services, Durrumbul Road will no longer be slashed and maintained

 

E2016/85222

Superintendent David Cook – Team Manager Far North Coast NSW Rural Fire Service PO Box 816 Murwillumbah NSW

Acceptance – Has no objection to the proposed closure of the road as long as access can be gained via Main Arm Road.

This is the formal standing of the Rural Fire Service.

S2016/5233

John Singh – PO Box 450 Bangalow

Objection – John has agistment of cattle on Lot 6 DP 775447 and states this road is the only road accessible for stock trucks to enter the property and that leaving open is imperative to the business.

 

S2016/4386 S2016/5966 & S2016/7437

David and Meredith Thompson – Lot A DP 389649 722 Main Arm Road Main Arm

Acceptance – There are a number of reasons the Thompsons use for the closure of this road reserve to go ahead please review the attachments.

Council did initiate the road closure application with the Thompson’s and are recommending the closure and potential sale to go ahead.

E2016/85213

John Lindsay

Objection – Stating that it’s vital to keep this access open for RFS in case of fire.

 

E2016/85223

John Lindsay

Retraction of above submission – stating that due to community consultation the RFS have better access from the Main Arm entrance only.

 

S2016/5468

Ms P A Maloney – Lot 20 DP 1184853 1 Settlement Road Main Arm

Objection – Closure will divide the community, will add extra traffic pressure to Main Arm Road, limit stock movement, stop maintenance from work carried out by resident of Lot 6 DP 775447 802 Main Arm Road and limit access for school kids.

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 2.

 

Above is an Aerial Image:

·    Blue – Main access to Lot 6 DP 775447 802 Main Arm Road

·    Red – Part Council Road Reserve to be closed

 

Figure 2 indicates the main access for the owner of Lot 6 DP 775447.  The owner of this property is not an adjoining land owner and has not been offered this part of road reserve under application.  The waterway is a Crown waterway.  Even assuming Ms Wagg is entitled to half the Crown creek, this only means that Ms Wagg’s land adjoins that half of the creek owned by the Crown. It does not mean that her property adjoins the road itself. Her land cannot adjoin a road where her land and the road are separated by a body of water owned by the Crown.

To summarise we are looking for Council to endorse the Council Part Road Reserve Closure at end of Durrumbul Road and sale to adjoining land owner Lot A DP 389649 722 Main Arm Road Mullumbimby and to follow Crown Lands Procedure and submit the application to Department of Primary Industries – Lands.

 

This finalised the last report that went to Council on the 6 October 2015.

 

Site Inspection

 

A site Inspection was carried out on the 25 October 2016.  Present at the meeting were Phillip Holloway (Director Infrastructure Services) and Deanna Savage (Administration Infrastructure Services).  The Councillors present were Mayor Cr Simon Richardson, Deputy Mayor Cr Basil Cameron, Cr Michael Lyon, Cr Alan Hunter, Cr Jeannette Martin and Cr Sarah Ndiaye.  Local Residents and land owners were also present. 

 

An inspection was carried out on the road reserve in question which lies within Lot A DP 389649, as well as the causeway that leads to Lot 6 DP 775447, the entrance and legal access to Lot 6 DP 775447 which is off Main Arm Road and the state of Durrumbul Road was also inspected by some of the Councillors.  There were a number of questions raised by both the local residents and Councillors, questions and responses can be viewed in Attachment 20 E2016/95129

 

Financial Implications

 

All costs associated with the closure and potential sale of the road reserve will be borne by the applicant being David and Meredith Thompson.

 

Statutory and Policy Compliance Implications

 

Relevant sections of the Roads Act are:

 

ROADS ACT 1993 - SECT 34

Applications for closing of public road

 

34 Applications for closing of public road

(1)     An application for the closing of a public road (other than a freeway) may be made:

 

(a)     in the case of a Crown road, by any person, and

(b)     in the case of any other public road, by the roads authority for the road or by any other public authority.

 

ROADS ACT 1993 - SECT 35

Publication of proposal to close public road

 

35 Publication of proposal to close public road

(1)     The Minister (or, in the case of the proposed closing of a freeway, RMS) must cause notice of the proposed closing of a public road to be published in a local newspaper.

(2)     The notice:

 

(a)     must identify the road that is proposed to be closed, and

(b)     must state that any person is entitled to make submissions to the Minister (or, in the case of the proposed closing of a freeway, to RMS) with respect to the closing of the road, and

(c)   must indicate the manner in which, and the period (being at least 28 days) within    which, any such submission should be made

 

ROADS ACT 1993 - SECT 138

Works and structures

138 Works and structures

 

(1) A person must not:

(a) erect a structure or carry out a work in, on or over a public road, or

(b) dig up or disturb the surface of a public road, or

(c) remove or interfere with a structure, work or tree on a public road, or

(d) pump water into a public road from any land adjoining the road, or

(e) connect a road (whether public or private) to a classified road,

otherwise than with the consent of the appropriate roads authority.

 

Maximum penalty: 10 penalty units.

 

(2) A consent may not be given with respect to a classified road except with the concurrence of RMS.

(3) If the applicant is a public authority, the roads authority and, in the case of a classified road, RMS must consult with the applicant before deciding whether or not to grant consent or concurrence.

(4) This section applies to a roads authority and to any employee of a roads authority in the same way as it applies to any other person.

(5) This section applies despite the provisions of any other Act or law to the contrary, but does not apply to anything done under the provisions of the Pipelines Act 1967 or under any other provision of an Act that expressly excludes the operation of this section.

 

ROADS ACT 1993 - SECT 142

Maintenance of works and structures

142 Maintenance of works and structures

 

(1) A person who has a right to the control, use or benefit of a structure or work in, on or over a public road:

(a) must maintain the structure or work in a satisfactory state of repair, and

(b) in the case of a structure (such as a grating or inspection cover) located on the surface of the road, must ensure that the structure is kept flush with the surrounding road surface and that the structure and surrounding road surface are so maintained as to facilitate the smooth passage of traffic along the road,

and the person is, by this section, empowered to do so accordingly.

 

Maximum penalty: 30 penalty units.

 

(2) Subsection (1) applies to all structures and works in, on or over a public road, including structures and works for which there is no consent in force under this Division.

(3) Subsection (1) does not apply to a person whose right to the control, use or benefit of a structure or work consists merely of a right of passage that the person has as a member of the public or a right of access that the person has as the owner of adjoining land.

(4) If:

(a) a roads authority has granted a consent under this Division to the doing of anything, and

(b) that thing has been or is being done otherwise than in accordance with the consent,

the roads authority may direct the holder of the consent to take specified action to remedy any damage arising from the doing of that thing otherwise than in accordance with the consent.

 

ROADS ACT 1993 - SECT 7

Roads authorities

7 Roads authorities

 

(1) RMS is the roads authority for all freeways.

(2) The Minister is the roads authority for all Crown roads.

(3) The regulations may declare that a specified public authority is the roads authority for a specified public road, or for all public roads within a specified area, other than any freeway or Crown road.

(4) The council of a local government area is the roads authority for all public roads within the area, other than:

(a) any freeway or Crown road, and

(b) any public road for which some other public authority is declared by the regulations to be the roads authority.

(5) A roads authority has such functions as are conferred on it by or under this or any other Act or law.

 

LOCAL GOVERNMENT ACT 1993 - SECT 124

Orders 124 Orders (EXERT)

A council may order a person to do or to refrain from doing a thing specified in Column 1 of the following Table if the circumstances specified opposite it in Column 2 of the Table exist and the person comes within the description opposite it in Column 3 of the Table.

Note : This section does not affect the power of a council to give an order (or a notice or direction) under the authority of another Act. 
For example, some of those Acts and the orders (or notices or directions) that may be given include:

Food Act 2003

(by delegation) improvement notice or prohibition order

Protection of the Environment Operations Act 1997

environment protection notices

Public Health Act 2010

direction concerning maintenance or use of certain regulated systems

Roads Act 1993

order preventing the passage of traffic along a road or tollway

order for the removal of an obstruction or encroachment on a road

Swimming Pools Act 1992

order requiring owner of swimming pool to bring it into compliance with the Act

 

A person who fails to comply with an order is guilty of an offence-see sec 628.


 

 

 

Table Orders

Orders requiring or prohibiting the doing of things to or on premises

Column 1

Column 2

Column 3

To do what?

In what circumstances?

To whom?

1

To demolish or remove a building

(d) Building is erected in a catchment district and causes or is likely to cause pollution of the water supply

Owner of building

3

To repair or make structural alterations to a building

(c) Building is erected in a catchment district and causes or is likely to cause pollution of the water supply

Owner of building

5

To take such action as is necessary to bring into compliance with relevant standards or requirements set or made by or under this Act or under the Local Government Act 1919 :(a) a camping ground, caravan park or manufactured home estate(b) a moveable dwelling or manufactured home(d) a place of shared accommodation(e) a hairdressers shop or beauty salon(f) a mortuary(g) a water meter on premises(h) a water supply or sewerage system on premises, but only in relation to any work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011

Failure to comply with relevant standards or requirements set or made by or under this Act or under the Local Government Act 1919

Owner, occupier or manager or, in the case of a water meter, water supply or sewerage system in respect of which a defect occurs in work due to faulty workmanship of, or defective material supplied by, a licensed contractor (being the holder of a licence in force under the Home Building Act 1989 authorising the holder to contract to do the work) within 12 months after the work is carried out or the material is supplied, the licensed contractor

7

To fence land

Public health, safety or convenience renders it necessary or expedient to do so and there is no adequate fence between the land and a public place

Owner or occupier of land

8

To identify premises with such numbers or other identification in such manner as is specified in the order

Premises have a frontage to or entrance from a road and there are no markings that can readily be seen and understood from the road

Owner or occupier of land

9

To fence, empty, fill in or cover up a hole or waterhole in the manner specified in the order

Hole or waterhole is or may become dangerous to life

Owner or occupier of land

10

To remove or stack articles or matter, to cover articles or matter, to erect fences or screens or to plant trees

Land is in the immediate vicinity of a public place and is used for the storage of articles or matter so as to create or be likely to create unsightly conditions

Owner or occupier of land

11

To do or to refrain from doing such things as are specified in the order to prevent environmental damage, to repair environmental damage or to prevent further environmental damage

Work carried out on land has caused or is likely to cause environmental damage, being damage to the physical environment that is caused by:(a) drainage, or(b) drainage works, or(c) obstructing a natural watercourse other than by a work constructed or used under a water management work approval granted under the Water Management Act 2000 ,not being environmental damage arising from premises, works or equipment the subject of a licence issued under the Protection of the Environment Operations Act 1997 or the subject of a notice or direction issued by a regulatory authority under that Act

Owner or occupier of land

12

To do such things as are necessary to control the flow of surface water across land

Other land, or a building on the land or other land, is being damaged or is likely to be damaged

Owner or occupier of land

 

Driveway Requirements for Access to Rural Properties

As per Attachment 21 (#E2016/96172) Handbook for Driveway access to Properties Northern Rivers Local Government Development Design and Construction Manuals

and

Attachment 22 (E2016/96184) Design R-14 Driveways & Vehicular crossings for non kerbed roads Design R15 - Longitudinal grading details for non-kerbed roads              


BYRON SHIRE COUNCIL

Late Reports                                                                                                                             15.1

 

 

Late Reports

 

Report No. 15.1           Amendment of General Manager delegation

Directorate:                 Corporate and Community Services

Report Author:           Ralph James, Legal Services Coordinator

File No:                        I2016/1197

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Council may, by resolution, delegate to the General Manager any Council function other than the matters specifically set out in section 377 of the Local Government Act.

 

The General Manager’s delegation relating to approval of Development Applications is presently capped at a value of $3,000,000. The delegation was last updated in 2010.

 

It is sought to raise the restraint on delegation to $10,000,000.

 

  

 

RECOMMENDATION:

That the delegation limiting the General Manager’s exercise of delegated authority in respect of any development application that has an estimated value exceeding $3,000,000 be amended by increasing the sum to $10,000,000 so that the relevant part of the General Manager delegation reads:

 

FURTHER THAT the above delegations in relation to development applications may not be exercised in the following areas:

 

2.

Any development application that has an estimated value exceeding $10,000,000 or for subdivision of land that will create 20 or more lots.

 

 

 

 


 

Report

 

Council may, by resolution, delegate to the General Manager any Council function other than the matters specifically set out in section 377 of the Local Government Act.

 

The General Manager may delegate any of the functions of the General Manager other than the power of delegation itself.

 

The General Manager holds delegated authority to:

 

·      Make all determinations necessary under “Part 4 - Development Assessment” of the Environmental Planning and Assessment Act, 1979

·      Make all determinations necessary under “Part 4A - Certification of Development” of the Environmental Planning and Assessment Act, 1979;

·      Make all necessary determinations under “Part 5-Environmental Assessment” of the Environmental Planning and Assessment Act 1979, except approval of an activity for which an Environmental Impact Statement has been required.

 

The General Manager’s delegated authority is limited by that part of the delegation providing:

 

FURTHER THAT the above delegations in relation to development applications may not be exercised in the following areas:

 

2.

Any development application that has an estimated value exceeding $3,000,000 or for subdivision of land that will create 20 or more lots.

 

The General Manager’s delegation limiting the value of the development to $3,000,000 was last updated in 2010.

 

Since that time, there has been significant increase to the costs of developments within the Shire.

 

Land values, the cost of materials in rural areas and increasing labour costs have been instrumental factors in this price increase, as well as the rising trend of using higher quality fittings and luxe finishes.

 

Accordingly, with the average cost of developments increasing, there will be an increase in development applications that are required to go before council for development consent.

 

This is not an efficient system for applicants, nor is it an efficient practice for council when these developments may have increased in price but generally not in size, complexity or impact on neighbourhood amenity.

 

It is appropriate to raise the cap on the General Manager’s delegated authority in these circumstances to $10,000,000.

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

The recommended increase in the General Manager’s delegation would not affect development applications with a value of less than $10,000,000 being referred to Council by the Planning Review Committee or by staff or being called up by a Councillor.