Minutes
Ordinary Meeting
Thursday, 17 November 2016
Minutes
Ordinary Meeting
Thursday, 17 November 2016
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
17 November 2016
The following items are listed in the order in which they were dealt with.
Report No. 13.1 Review of Outstanding Council Resolutions
Report No. 13.2 Council Budget Review - 1 July 2016 to 30 September 2016
Report No. 13.3 Request for a Section 356 Donation
Report No. 13.4 Appointment of community members to Section 355 Management Committees and Boards
Report No. 13.5 Councils Investments 1 October to 26 October 2016
Report No. 13.6 Presentation of 2015/2016 Financial Statements
Report No. 13.10 Local Heritage Places Grants 2016-17
Notice of Motion No. 9.3 Amendment to Council Resolution 16-464
Report No. 13.9 PLANNING - Environmental Zones (E Zone) - process to amend Byron LEP 2014
Report No. 13.12 PLANNING - BSC ats Koho Projects Pty Ltd LEC 266825 of 2016
No. 8.1 Department of Education Land Beech Drive
Notice of Motion No. 9.1 Independent Testing of Steam Weeding Devices
Notice of Motion No. 9.2 Support for the Safe Haven Enterprise Visa Scheme
Report No. 13.7 Councillor Representation on Destination Byron
Report No. 13.8 North Byron Parklands Regulatory Working Group - Community Representatives
Report No. 15.1 Amendment of General Manager delegation
Report No. 15.2 Report of the Local Traffic Committee Meeting held on 14 October 2016......25
Notice of Motion No. 9.4 Employment of Night Time Compliance Officers for Summer Period
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 17 November 2016
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday,
17 November 2016 COMMENCING
AT 9.04AM AND
CONCLUDING AT 5.48PM
I2016/1180
PRESENT: Cr S Richardson (Mayor), Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Ken Gainger (General Manager)
Mark Arnold (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Coordinator Legal Services)
Alex Caras (Team Leader Land Use Strategy, item 13.9 only)
Chris Larkin (Major Projects Planner, item 13.11)
David Royston Jennings/Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
9.3 Amendment to Council Resolution 16-464
Patricia Warren of the Foreshore Protection Group addressed Council in favour of the recommendation.
13.9 PLANNING – Environmental Zones (E Zone) – Process to amend Byron LEP 2014
Jyothi Jaffray of Brays Forest Community and Rex Harris of the Byron Rural Action Group addressed Council against the recommendation.
13.11 PLANNING – Draft Byron DCP 2014 – Chapter E8 West Byron Urban Release Area – Submissions Report
Mary Gardner and Gavin Greenoak addressed Council against the recommendation.
13.12 Koho – 116 Stuart St. Mullumbimby
Chris Cooney of Brunswick Valley Historical Society/Mullumbimby Residents Association addressed Council in favour of the recommendation.
13.14 Council Part Road Reserve Closure and subsequent sale at end of Durrumbul Road adjoining Lot A DP 389649
Sally Wagg and Kirsty McKinley of Hungerford Lehmann Solicitors addressed Council against the recommendation.
The meeting adjourned at 10.11am and reconvened at 10.30am.
There was an apology received from Cr Cameron.
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Procedural Motion |
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Resolved that the apology from Cr Cameron be accepted and a leave of absence granted. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
There were no requests for leave of absence
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Lyon declared a non-pecuniary interest in Report 15.2. The nature of the interest being that he manages a business with site at Brigantine Street. He elected to remain in the chambers, participate in the debate and the vote.
Cr Spooner declared a non-pecuniary interest in Report 15.2. The nature of the interest being that hes employer manages Soul Street NYE and First Sun Events. He elected to leave the chambers, not participate in the debate and not vote.
Cr Hunter declared a special disclosure of pecuniary interest under s451of the Local Government Act 1993 in Report 13.9. The nature of the interest being that he owns land that has potential E Zone.
Tabling of Pecuniary Interest Returns
In accordance with the Local Government Act 1993 Section 450A(2), Section 449(1) Returns are tabled for:
· Sarah Nagel
· Chloe Dowsett
· Rochelle Barclay
· Clare Manning
Adoption of Minutes from Previous Meetings
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Resolved that the minutes of the following meetings be confirmed: · Ordinary Meeting held 27 October 2016 (Coorey/Hunter)
The motion was put to the vote and declared carried. |
Reservation of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
Corporate and Community Services
Report No. 13.7 Councillor Representation on Destination Byron
Report No. 13.8 North Byron Parklands Regulatory Working Group - Community Representatives
Sustainable Environment and Economy
Report No. 13.9 PLANNING - Environmental Zones (E Zone) - process to amend Byron LEP 2014
Report No. 13.11 PLANNING - Draft Byron DCP 2014 - Chapter E8 West Byron Urban Release Area - Submissions Report
Report No. 13.12 PLANNING - BSC ats Koho Projects Pty Ltd LEC 266825 of 2016
Infrastructure Services
Report No. 13.14 Council Part Road Reserve Closure and Subsequent sale at end of Durrumbul Road Adjoining Lot A DP 389649
Late Reports
Report No. 15.1 Amendment of General Manager delegation
Report No. 15.2 Report of the Local Traffic Committee Meeting held on 14 October 2016
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Hunter. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 16-566 and concluding with Resolution No. 16-573.
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
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Procedural Motion |
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Resolved that Council change the order of business to deal with Reports 9.3, 13.9, 13.11 and 13.14 next on the Agenda. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
AMENDMENT
The amendment was put to the vote and declared carried.
Cr Coorey voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Staff Reports - Sustainable Environment and Economy
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Procedural Motion
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Resolved that this matter rest on the table. (Richardson/Hackett) The motion was put to the vote and declared carried. |
Staff Reports - Infrastructure Services
FORESHADOWED MOTION
AMENDMENT
Moved:
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 no earlier than in 12 months.
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. (Martin/Lyon)
The amendment was put to the vote and declared lost.
Crs Coorey, Richardson, Hackett, Spooner and Hunter voted against the amendment.
The motion (Hunter/Spooner) was put to the vote and declared carried.
Crs Martin, Lyon and Ndiaye voted against the motion.
The meeting adjourned at 12.44pm for lunch and reconvened at 1.30pm.
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Procedural Motion |
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Resolved that Report No. 13.11 be lifted from the table. (Richardson/Hunter) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
AMENDMENT
Moved:
1. 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.
2. Chapter E8 West Byron Urban Release Area also to incorporate the following additional amendments:
a) Amend the Concept Plan and Staging Plans as shown in E2016/100741 to identify area of Wallum Frog Habitat to be protected
b) Under E8.10.3 prescriptive measure 2 amend the wording to state:
2. The street network layout and associated infrastructure to be carefully sited and designed, having regards to the provisions contained under E8.10.5.1 Biodiversity and Vegetation Management and in particular threatened species of flora, fauna and endangered ecological communities, habitat corridors and links.The road layout to avoid the Wallum Frog Habitat as indicated on the Concept Plans and Staging Plans.
c) Under E8.10.5.1 amend prescriptive measure 1(h)(i) to state:
i) Threatened species management plan providing details on any expected impacts on threatened species or their habitat, how such impacts will be avoided as far as practical or mitigated if necessary, and how any impacts will be compensated through rehabilitation and revegetation work. Council records indicate the site provides habitat for wallum sedge frog and the wallum tree frog. The management plan is to address the National Recovery Plan for Wallum Sedgefrogs and other wallum dependant frog species. The Wallum Frog Habitat area as identified on the Concept Plans and Staging Plan to be protected and retained as a natural feature. No urban stormwater to flow into the area.
d) Amend E8.10.4 prescriptive measure 1(q) to state:
q) A monitoring regime for Belongil Creek to ensure a Neutral or Beneficial Impact (NorBE) is being achieved for the creek. Target criteria for water quality including litter, coarse sediments, fine particles, total phosphorus and nitrogen and hydrocarbons to be nominated consistent with the Northern Rivers Development Local Government Design Manual. The monitoring regime to be applied to assess impacts as the development proceeds from the start of construction for a minimum period of 10 years, or until the release of the last stage of residential lots.
e) Amend E8.10.5.1 by adding the following to prescriptive measure 1.:
j) The Biodiversity Conservation Management Plan to have regard to any adopted Coastal Zone Management Plan or Estuary Management Plan for the Belongil Creek.
f) Amend E8.10.4 by adding the following additional prescriptive measures:
5. Driveways and other impervious surfaces are to incorporate water sensitive urban design to allow infiltration at ground level. Residential development to be based primarily on piers, bearers and joists to provide for a greater area for the infiltration of stormwater and to reflect the historical character of residential development elsewhere in Byron Shire.
g) Amend E8.1 Introduction to state:
The subject land known as West Byron was rezoned under Part 3A of the Environmental Planning and Assessment Act 1979 on the 14th November 2014. The zoning and associated controls sit within Part 4 of Byron LEP 1988 under Clauses 65 – 101. West Byron is broken up into the following zones.
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Zones |
Area (Hectares) |
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R2 Low Density residential |
44.3 |
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R3 Medium Density residential |
11.0 |
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B1 Neighbourhood Centre |
1.1 |
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IN2 Light Industrial |
7.5 |
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RE1 Public Recreation |
2.2 |
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E2 Environmental Conservation |
35.6 |
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E3 Environmental Management |
6.8 |
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Total |
108.5 ha |
The subject land in its wider context is located to the west of the Byron Bay township and sits opposite the existing Arts and Industrial Estate. It also adjoins SEPP 14 Wetlands to the south, a closed chicken processing plant to the west and the Belongil Creek to the east. The land in part is clear of vegetation, but still retains remnant vegetation and habitat of significance for wallum dependant frog species, koalas and other species of flora and fauna. Although used for grazing of livestock, a caravan park/ camping ground and as festival site, West Byron sits within an environmentally significant area.
Flooding, Acid Sulphate Soils, and Bushfire affect West Byron, whilst a number of drains take stormwater from Ewingsdale Road and the Arts and Industrial Estate through to the wetlands and Belongil Creek. West Byron may also be of significance to the traditional owners of the land and this will need to be fully investigated at the Development Application stage with consultation with the Byron Bay Bundjalung People and other key stakeholders.
Access to the site is from Ewingsdale Road which is the main thoroughfare into and out of Byron Bay from the Pacific Highway. Managing traffic impacts through the construction phase and post subdivision will be matters for consideration to minimise traffic conflicts on Ewingsdale Road.
The development of the site will provide additional housing stock for the Shire which will contribute to housing targets set by the Department of Planning and Environment under the North Coast Regional Plan.
This development control plan (DCP) chapter provides a framework to guide the future development of West Byron. The document specifies subdivision, built form, environmental protection measures and other controls to achieve the vision for West Byron Bay.
h) Amend E8.10.2 by adding the following prescriptive measure:
8) Details to be submitted with the development applications for subdivisions of covenants and other instruments with the aim of zero emissions housing and other sustainability initiatives. Details to be provided:
· on lighting, draught proofing, insulation, appliances and cooking, heating and cooling, hot water, energy monitoring and control, solar panels (photovoltaic) to achieve zero emissions for residential development;
· Native landscaping measures for residential lots and land to be dedicated to Council;
· Recycling measures;
· Water tanks for garden and domestic use in excess of Basix requirements; and
· how such covenants will be managed and enforced by the developer.
(Spooner/Hunter)
The meeting adjourned at 2.13pm to open the Byron Shire Reserve Trust Committee Meeting. The Ordinary meeting resumed at 2.22pm.
Resolution numbers 16-580 to 16-582 were used during the Byron Shire Reserve Trust Committee Meeting.
The amendment was put to the vote and declared lost.
Crs Hackett, Spooner and Hunter voted in favour of the amendment.
Crs Coorey, Martin, Lyon, Ndiaye and Richardson voted against the amendment.
FORESHADOWED AMENDMENT
The amendment was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Hackett, Spooner and Hunter voted in favour of the amendment.
No Councillors voted against the motion.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Hackett, Spooner and Hunter voted in favour of the motion.
No Councillors voted against the motion.
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Procedural Motion
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Resolved that Council change the order of business to deal with Report 13.12 next on the Agenda. (Richardson/Spooner) The motion was put to the vote and declared carried. |
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Report No. 13.12 PLANNING - BSC ats Koho Projects Pty Ltd LEC 266825 of 2016 File No: I2016/1131
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Resolved that the General Manager be authorised to enter into a s34 Conciliation Agreement approving development application 10.2016.189.1, as amended, subject to appropriate conditions to be finalised under delegation. These conditions to include that two of the units are to be used in perpetuity for the purposes of ‘affordable housing’ as defined in the state SEPP. (Spooner/Hackett) |
The motion was put to the vote and declared tied.
Crs Richardson, Hackett, Spooner and Hunter voted in favour of the motion.
Crs Coorey, Martin, Lyon and Ndiaye voted against the motion.
The Mayor used his casting vote in favour of the motion and declared the motion carried.
Mayoral Minute No 8.1 Department of Education Land Beech Drive
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Procedural Motion |
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1. That pursuant to Section 10A(2)(d)i of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Department of Education Land Beech Drive .
2. That the reasons for closing the meeting to the public to consider this item be that the report contains: a) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it
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:
a) disclosure could prejudice the Council's position in litigation; and b) disclosure could adversely impact Council's position in the upcoming negotiations. (Richardson/Lyon) The motion was put to the vote and declared carried. |
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1. That Council authorise the General Manager to enter into contracts for the purchase of Lot 60 DP 817888, Beech Drive Suffolk Park subject to:
a) The purchase price to be negotiated within the identified budget;
b) The terms and conditions of the contract being satisfactory to Council for the intended use of the land as community land open space.
2. That Council allocate a budget from the unallocated Suffolk Park Open Space Section 94 account.
3. That if the Minister sets a sale price above the budget specified in item 2 then the General Manager (in consultation with the Mayor) be delegated to negotiate a purchase price not exceeding 15% above the budget allocated by the Council provided that a report be presented to the Council post purchase on the settlement details and suggested funding sources for the difference.
4. That upon completion of the purchase the General Manager does all acts and things necessary to classify the land as community land and amend the Byron Local Environmental Plan to rezone the land to RE1 Public Recreation in the next housekeeping amendment.
5. That Council send letters of appreciation to MPs Tamara Smith, Ben Franklin and Walt Secord for facilitating the opportunity for Council to negotiate an affordable purchase option.
6. That Council, upon the purchase of the land, begin discussions with the community of Suffolk Park to ascertain the preferred uses of the land in question.
7. That Council requests any funds generated from the sale to be used for educational purposes in Byron Shire. (Richardson) |
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Procedural Motions
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Resolved that Council move into Committee to allow for free debate. (Richardson/Spooner) The motion was put to the vote and declared carried. |
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Resolved that Council move out of Committee and resume the Ordinary Meeting. (Richardson/Spooner) The motion was put to the vote and declared carried. |
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Resolved that the meeting move out of confidential session. (Richardson/Spooner) The motion was put to the vote and declared carried. |
The motion (Richardson) was put to the vote and declared carried.
Notices of Motion
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Notice of Motion No. 9.1 Independent Testing of Steam Weeding Devices File No: I2016/1159
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1. That Council initiate an independently monitored test of locally available steam weeding devices and that the results are reported to Council.
2. That the test measure speed of application, efficiency and breadth of use, performance across species and other measurements that are mutually agreed.
3. That the budget for this test not exceed $3,000. (Richardson/Coorey)
The motion was put to the vote and declared carried. |
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Notice of Motion No. 9.2 Support for the Safe Haven Enterprise Visa Scheme File No: I2016/1160
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Resolved 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. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
The meeting adjourned at 4.35pm and reconvened at 4.47pm.
There were no petitions.
A memo was provided to Councillors regarding current submissions and grants.
1. Coastal Conference 9-11 November 2016
Cr Richardson advised Council: I will just start off with a bit of an description of both the Coastal Conference that both Cr Hackett and I went to and also the meeting with Minister Stokes that we managed to get, well they said 10 but I reckon we got at least 12 Shannon and it was great.
The Coastal Conference itself, I’ve written a couple of things which I’ll add to and I might speak to Cr Hackett and we’ll put something together. A lot of it was quite technical and seemed to be a bit more technical than I remember but it was still fascinating to see the science and the engineering behind this and how it’s all changing. A lot of different aspects, whether it just be learning about estuarine systems to where protection walls are at and looking at a lot of case studies, in particular looking at the science and understanding behind the big Collaroy storm in April, June? So that in itself was fantastic and great to make contacts in particular with the coastal panel, Bruce Tom and Angus Gordon who are the two gurus, it was great having a yak to them. We then had a meeting with Minister Stokes, the coastal panel have categorically recommended refusal of the Coastal Zone Management Plan for the reasons we’ve all known. The community consultation was inadequate, the consideration of the impacts on Belongil Creek was inadequate, the identification funding and management regime of sand nourishment was inadequate and it didn’t really comply with the Coastal Protection legislation so from that we then, they liked everything except Belongil which is what we did and they were quite, even some of the language, they were quote disappointed I must say that we apparently just didn’t take anything on board from the OEH and the other organisations. What they did say though is that they really support action on Main Beach, they acknowledge the Masterplan work that had been done and also they did a site visit a couple of weeks ago and were pretty shocked at the state of the protection works along there so they urged you know, for the Minister to consider a part gazetting, we asked that same thing of the Minister, we told him that from our perspective we agreed with everything he said about the Belongil matter but really didn’t want the whole thing to be brought back to us because we wanted to work and act on Johnson Street and Clarkes Beach, etc. At that point he wasn’t sure really whether he could part gazette and excise bit of it. Our gut feeling from conversations with staff and I think Shannon could disagree if I’m over stepping the mark and suggested that they were open to it and thought it was possible so we’re hoping, we’ve written a formal letter requesting that and we’re hoping that when he speaks to his staff, they will tell him that ‘yeah, that’s doable and that would be the outcome’ but you know, a good meeting with him, he’s a good fellow and anyone who’s had communication with him knows he was on top of the issues, was quite resolute he said there’s no way, from his point of view he said straight up that this can’t happen without clear identification of the nourishment management regime, he was unequivocal so we’re either going to get a refusal or we’re going to get a part approval and a refusal of that, I think is the up shot. Shannon is that a pretty fair précis? Yeah so, did you want to add something as far as the conference?
Cr Hackett also advised Council: Stokes did point out that we have inherited terrible things and that we have to move on from that, that a lot of decision making in the past has been piecemeal, knee jerk bits and pieces and that he is all for strategic planning, wants to leave all the bits and pieces behind and he said that scientific knowledge was of course extremely useful and important but we also needed to consider social history and sciences from our specific areas as well in making our decisions and I think he stressed community input, might be another reason why he’s not real happy about our CZMP. He also made the point that as far as he was concerned, Belongil was a pain and he didn’t want to deal with it any further and he was going to leave that to us to sort out and he did say that he was particularly concerned about wetlands and estuaries, that was his passion, his focus and so I think that’s why he wasn’t too happy about our CZMP as well because it left out the impacts on the Belongil estuary, he did make the point to that he said well you haven’t put in anything about sand replenishment, he said because you do know what you have put in means you’ll lose the beach and he said that is unacceptable so that was all very positive coming from him, I think he’s definitely on top of the subject
Cr Richardson then advised: Just one thing though, because it wasn’t all gravy from those who have a same position as me, I think the question of planned retreat in Belongil is going to be off the table. He was also pretty unequivocal in saying those rocks are there, we need to sort it out. So that’s going to be a conversation I will also be having now because that is of course if we do our cost thing and we do our cost benefit analysis appropriately and we do our identification of the sand transfer location, etc. it might come out where we have to say that to him, that this is the only economic possibility but he was pretty closed really on the idea of, he was talking purely on a pragmatic point of view, he said they’re there, you can’t get them off. So it was an interesting conversation, hey we’re all going to have an interesting conversation with our community.
2. Coorabell NBN Meeting
Cr Hunter advised Council: On Sarah’s and Jan’s behalf, the three of us went to Coorabell the other day after locals contacted us about the proposed NBN tower down there and while we understand that there’s very little Council can do, it’s a State and Federal Government decision to put these towers over and where they put them and all the approvals and so on. We did say that if we got the right process that we could as Councillors, ask Council to write and ask questions of the NBN Co. about the safety fears that residents have in 2 kilometres of the tower. It seems that’s where everyone’s concerns come from and there’s a lot of questions that the locals haven’t had answers to, there’s been very little consultation, had pictures around the walls of the Coorabell Hall with very few people in attendance, you walk in and sort of take yourself around and have a look. They did this process for a while and it’s got to the point I think these people are getting quite anxious and what we generally agreed was that, we’d ask staff for a bit of clarification about what questions and what we’d be entitled to do or know even if we do know what we can do with the answers other than to pass them on but we felt incumbent on ourselves to help them through this because they’re at wits ends, they really aren’t getting any meaningful response from the NBN Co. or the State Government or the likes so they’ve got questions like, some of the questions they suggested we would sort of have to re word a bit because they are very emotional. “Why did you limit the letter drop notices to the 2 km radius of the tower” and “how many letters did that include”, “what are the safer alternatives to microwave towers”. “Where is the signs to prove to yourselves that fixed wireless emissions are safe?”, “what is the cost difference between supplying 200 homes with fixed wireless satellite and fibre to the node”. A lot of those questions I think based very heavily on emotion but I do think and I’m following it up with staff, to find out how we can address their issues but in a more objective way, it needs to have a more objective look at some of these questions that they have.
3. Byron Bay Liquor Accord
Cr Spooner advised Council: I went along to the Byron Bay Liquor Accord meeting recently and there hadn’t been to one for a while so it was good to have one but the police were there. What was interesting was the police crime stats which I’m going to give you a run down because this has been a hot issue around Byron for some time. Back in 2012, there were just over 4,00 alcohol related incidents, 36% of those were assaults, so 1 in 3. 2015 that dropped down to just over 2,000 which there were 28% assaults. 2016 it’s sitting at 1,342, which is down from the same period last year, so they’re really positive turn around. There has been a decline across state averages and we are still high up in the scheme of things but it’s encouraging. The only disturbing thing though is that there’s very few alcohol or venues with alcohol licenses who are actually paid up members of the accord. It’s only about 15 and there’s something like 75 licenses so that’s just a point of information because I do think, you know we need people around the table but apart from making it mandatory, it’s proving quite difficult. So you know, good news story.
4. LGNSW Annual Conference:
Cr Spooner advised Council: I will just mention that we didn’t mention the Local Government Conference last time, there was going to be a report put in by one of us but just to mention that so Cr Martin and Cr Coorey and myself went down to Wollongong and spent a lovely couple of days in the Gong. It was actually first conference I’ve been to or Local Government Conference and it was, I was more impressed than what I thought I was going to be. There were some good discussions down there. What I was pleased about was our two motions that we took down there were passed. Which was the affordable housing motion to set a target or to suggest to the State Government, that we set a target for planning instruments for a minimum level of affordable housing for residential developments so that’s been indorsed by Local Government NSW, the other pleasing one was the ethical investment one where we’ve been pursuing that as has some other Councils but we want LGNSW to maintain a list of authorised deposit taking institutions which will make it easier for us to find out who’s actually got some ethical investments out there that we can put some money into, so hopefully we will see that come forward soon. Thanks.
Staff Reports - Corporate and Community Services
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Report No. 13.7 Councillor Representation on Destination Byron File No: I2016/1132
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Resolved that Council appoint Cr Richardson as its Councillor Representative to the Destination Byron Board. (Richardson/Hunter) The motion was put to the vote and declared carried. |
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Procedural Motion
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1. That pursuant to Section 10A(2)(a) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the following report, namely North Byron Parklands Regulatory Working Group – community representatives.
2. That
the reasons for closing the meeting to the public to consider this item be
that: (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
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Report No. 13.8 North Byron Parklands Regulatory Working Group - Community Representatives File No: I2016/1133
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1. That the report be noted.
2. That Council nominate Laurel Cohn and Raymond Darney as the 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 a 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. (Hunter/Richardson) |
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Procedural MotionS
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Resolved that Council move into Committee to allow for free debate. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
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Resolved that Council move out of Committee and resume the Ordinary Meeting. (Ndiaye/Richardson) The motion was put to the vote and declared carried. |
The motion (Hunter/Richardson) was put to the vote and declared carried.
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PROCEDURAL MOTIONS |
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Resolved that the meeting move out of confidential session. (Ndiaye/Richardson) The motion was put to the vote and declared carried. |
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Resolved that the vote on Report 15.1 be recommitted. (Spooner/Hunter) The motion was put to the vote and declared carried. |
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Report No. 15.1 Amendment of General Manager delegation File No: I2016/1197
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Resolved: 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. (Spooner/Richardson)
The motion was put to the vote and declared carried. |
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Report No. 15.2 Report of the Local Traffic Committee Meeting held on 14 October 2016 File No: I2016/1129
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Cr Lyon declared a non-pecuniary interest in this item. The nature of the interest being that he manages a business with site at Brigantine Street. He elected to remain in the chambers, participate in the debate and the vote.
Cr Spooner declared a non-pecuniary interest in this item. The nature of the interest being that his employer manages Soul Street NYE and First Sun Events. He elected to leave the chambers, not participate in the debate and not vote.
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Resolved that Council note the minutes of the Local Traffic Committee Meeting held on 14 October 2016. (Hunter/Richardson) The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Resolved that Council adopt the following Recommendations: Report No. 6.4 Event Road Closure - Monthly Criterium Cycle Races, Byron Bay Industrial Estate - Request for Three Year Agreement from September 2016 (Amended) File No: I2016/917
1. That the Byron Bay Cycle Club’s Criterium Racing circuit at Byron Bay Industrial Estate, to be held on the second and fourth Sunday of each month from 4 September 2016 to the last Sunday in August 2019, be endorsed between these times:
a) Centennial Circuit between Bayshore Drive and Wollongbar Drive, Tasman Way, Wollongbar Drive and Brigantine Street (between Centennial Circuit and Wollongbar Drive) between the hours of 06:00 and 09:00
2. That the approval provided in Part 1 is subject to NSW Police and RMS approval being obtained
3. That the attached Traffic Control Plan and Traffic Management Plan be noted
4. That the Traffic Management Plan be implemented as approved
5. That the event organiser:
i. provide wording for Council’s website noting the impact of the event and including the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints ii. inform community and business that are directly impacted (eg adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised iii. arrange for private property access and egress affected by the event iv. liaise with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event v. consult with emergency services and any identified issues be addressed vi. hold $20m public liability insurance cover which is valid for the event vii. pay Council’s Road Event application fee prior to the event. (Hunter/Richardson)
The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Resolved that Council adopt the following Committee Recommendations: Report No. 6.5 Event Road Closure - Rainbow Ride Cycle Challenge - William Flick Lane, Ewingsdale - Sunday, 27 November 2016 File No: I2016/919
1. That the Rainbow Ride Cycle Challenge to be held on Sunday 27 November 2016, which includes the temporary road closure/s below, be endorsed between these times:
a. William Flick Lane, Ewingsdale between 11am and 4pm.
2. That the approval provided in Part 1 is subject to:
a. separate approvals by NSW Police and RMS being obtained;
b. Implementation of the approved Traffic Management Plan and Traffic Control Plan;
c. The event organiser:
i. advertising the impact of the event via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.
ii. providing a copy of the advert for Council's web page.
iii. informing community and businesses that are directly impacted (eg adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised.
iv. arranging for private property access and egress affected by the event.
v. liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event.
vi. consulting with emergency services and any identified issues be addressed.
vii. holding $20m public liability insurance cover which is valid for the event.
viii. paying of Council’s Road Event Application Fee prior to the event. (Hunter/Richardson) The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Resolved that Council adopt the following Committee Recommendations: Report No. 6.6 Event Road Closure - Mullumbimby Music Festival - Burringbar Street and Dalley Street, Mullumbimby - Sunday, 20 November 2016 File No: I2016/976
1. That the Mullumbimby Music Festival to be held on Sunday 20 November 2016, which includes the temporary road closures below, be endorsed between these times:
a. Dalley Street, Mullumbimby between Tincogan Street and Burringbar Street between 11am and 12pm on Sunday 20 November 2016.
b. Burringbar Street, Mullumbimby between Station Street and Dalley Street effective between 10:45am and 11:15am on Sunday 20 November 2016.
c. Cenotaph Lane, Mullumbimby between Dalley Street and east of the fire station driveway and Murphys Lane; from Cenotaph to Tincogan Street, with both in effect from 4pm Thursday 17 November 2016 through to 8am on Monday 21 November 2016.
2. That the approval provided in Part 1 is subject to:
a. separate approvals by NSW Police and RMS being obtained;
b. implementation of the approved Traffic Management Plan and Traffic Control Plan;
c. that each temporary bus stop, as required by the event, be established in accordance with the accredited Traffic Control Plan;
d. the event organiser:
i. advertising the impact of the event via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.
ii. providing a copy of the advert for Council's web page.
iii. the written concurrence of the Fire Stations on both Gordon Street and Dalley Street, be obtained and copies provided to Council.
iv. informing community and businesses that are directly impacted (eg adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised.
v. arranging for private property access and egress affected by the event.
vi. liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event.
vii. consulting with emergency services and any identified issues be addressed.
viii. holding $20m public liability insurance cover which is valid for the event.
ix. paying of Council’s Road Event Application Fee prior to the event. (Hunter/Richardson)
The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Resolved that Council adopt the following Committee Recommendations: Report No. 6.7 24.2015.19.1 - Marine Parade, Byron Bay - Regulatory Signage - Extension of Pay Parking Scheme - Endorsement of Council Resolved Time Limits within Wategos File No: I2016/984
That the Local Traffic Committee have no objection to Council Resolution 16-467 and as sought provide concurrence for:
a. Part 2(a), which is for a 4-hour (4P) limit to apply across 98% of parking supply within the endorsed Wategos pay parking area; and
b. Part 3, which is for a 4-hour (4P) limit to apply within the endorsed Wategos resident permit parking area, on the proviso a review including resident feedback is undertaken during the first holiday period the scheme applies. (Hunter/Richardson)
The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Resolved that Council adopt the following Committee Recommendations: Report No. 6.8 Event Road Closure - Brunswick Valley Woodchop and Entertainment Committee - Twilight Markets - Mullumbimi Street, Brunswick Heads - Wednesday, 14 December 2016 File No: I2016/986
1. That the Twilight Markets to be held on Wednesday 14 December 2016, which includes the temporary road closure/s below, be endorsed between these times:
a. Mullumbimbi Street Brunswick Heads, between The Terrace and Park Street on Wednesday 14 December, as per the following:
i. Closure of the area bounded by the nose-in parking and centre parking bay from 7am until 11pm. This is the "U" shaped provision for parking that is adjacent Banner Park in the vicinity of the children's play area.
ii. Request for 2 temporary designated ‘Disabled Parking’ spots outside of the hotel during the morning. The existing 2 spots will have been closed off.
iii. Closure of the remaining section of ‘through road’ between The Terrace and Park Street from 12 noon until 11pm.
b. Opening of Memorial Park for parking, as per the following:
i. Wednesday, 14 December 2016 from 12noon. This will allow stallholders to get their vehicles off the street before the markets start at 3pm.
2. That the Fireworks Night to be held on Saturday 14 January 2017, which includes the opening of Memorial Park for parking as per the following, be endorsed:
a. Saturday, 14 January 2017 from 6pm. This will allow for people attending the carnival/housie and through to when the fireworks take place at 9pm to park off the streets.
3. That the approval provided in Part 1 and Part 2 is subject to:
a. separate approvals by NSW Police and RMS being obtained;
b. implementation of the approved Traffic Control Plan by those with appropriate accreditation;
c. the event be advertised in accordance with the Roads Act, charged at cost to the organisers;
d. the event be notified on Council’s web page;
e. the event organiser:
i. informing community and businesses that are directly impacted (eg adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised.
ii. arranging for private property access and egress affected by the event.
iii. liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event.
iv. consulting with emergency services and any identified issues be addressed.
v. holding $20m public liability insurance cover which is valid for the event.
vi. paying of Council’s Road Event Application Fee prior to the event. (Hunter/Richardson) The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Resolved that Council adopt the following Committee Recommendations: Report No. 6.9 Event Road Closure - Byron Lighthouse Run - Lighthouse Road, Byron Bay - Sunday, 23 October 2016 (Amended) File No: I2016/987
1. That the 10km Byron Lighthouse Fun Run, to be held Sunday 23 October 2016, which includes the temporary road closures below, be endorsed between these times:
a. Lighthouse Road at the intersection of Massinger Street, Lawson Street and Lighthouse Road between 7am and 8am.
b. Daniels Street at the intersection of Massinger Street and Daniels Street between 7am and 8am.
c. Lighthouse Road between Brooke Drive (at The Pass) and Palm Valley Way (entry to Wategos) between 7am and 8am.
d. Clarkes Car Park closed, including the current Caravan Park access road off Lawson Street, between 6am and 10am.
2. That the approval provided in Part 1 is subject to:
a. separate approvals by NSW Police and RMS being obtained;
b. Local Traffic Committee advice is sought for the event Traffic Management Plan (including Risk Management Plan and Traffic Control Plan/s) prior to implementation of traffic control devices including road closures, noting that:
i. conformance with approved Traffic Management Plan and associated Traffic Control Plans which shall be implemented and controlled by Roads & Maritime Services accredited persons;
ii. all temporary traffic control devices erected for the event must comply with Roads & Maritime Services Guide to Traffic Control at Worksites Manual, not cause a hazard for motorists or pedestrians and be removed immediately following the completion of the event; and
iii. temporary Speed Zone Authorisation is obtained from the roads authority for any reduced speed limit/s required as part of the traffic control for the event; and that where local Council is the roads authority, notification of any reduced speed limit should be forwarded to Roads and Maritime Service and NSW Police.
c. The event organiser:
i. advertising the impact of the event via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;
ii. providing copy of the advert for Council's web page;
iii. informing community and business that are directly impacted (e.g. adjacent to the event) via written information which is delivered to the property in a timely manner so as to document, consider and respond to any concerns raised;
iv. arranging for private property access and egress affected by the event;
v. liaising with bus and taxi operators and ensuring arrangements are made for provision of services during conduct of the event;
vi. consulting with emergency services and any identified issues be addressed;
vii. holding $20m public liability insurance cover which is valid for the event; and
viii. payment of Council’s Road Event application fee prior to the event;
ix. The attainment (by the event proponent) of Cape Byron Headland Trust written concurrence of the event;
x. Consultation with the Beach Byron Bay Cafe and North Coast Holiday Parks Clarkes Beach. (Hunter/Richardson)
The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Resolved that Council adopt the following Committee Recommendations: Report No. 6.11 Event Road Closure - Soul Street New Year's Eve and First Sun New Year's Day, Byron Bay File No: I2016/992
1. That the Local Traffic Committee supports:
a. Council's temporary traffic management initiatives for the Soul Street New Year's Eve event to be held in Byron Bay and approves the temporary road closure of Jonson Street, between Lawson Street through to the car park entry at Railway Park (north of Marvell Street), from 12noon on Saturday 31 December 2016 and its removal by no later than 7am on the Sunday 1 January 2017.
b. Council’s temporary traffic management initiatives for the First Sun New Year’s Day event to be held in Byron Bay and approves the temporary road closure of Lighthouse Road from Brooke Road (The Pass), from 3am to 8am on Sunday 1 January 2017.
2. That the approval provided in Part 1 remain subject to Council endorsement of the event prior to implementation and is subject to the following requirements:
a. traffic control plans are designed and implemented by those with the appropriate NSW (RMS) accreditation;
b. advertising is undertaken in accordance with the Roads Act, including the publication of a map and explanatory notes in a local newspaper and on Council's website;
c. the letterbox drop of properties adjacent to and prior of the Jonson Street closure and Bay Street, Marvell Street and Byron Street parking changes; and
d. all parties involved in Council's NYE events hold, or least covered by, appropriate and relevant levels of insurance and public liability cover as required by Council. (Hunter/Richardson) The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Resolved that Council adopt the following Committee Recommendation: Report No. 6.12 Event Road Closure - Falls Festival 2016/17 - North Byron Parklands, Yelgun - Saturday 31 December 2016 to Monday 2 January 2017 File No: I2016/993
That the Committee defer consideration of this matter until information is provide regarding the traffic issues associated with the Splendour 2016 event. (Hunter/Richardson)
The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Resolved that Council adopt the following Committee Recommendation: Report No. 6.14 11.2013.587.2 - Mercato on Byron - 108-110 Jonson Street, Byron Bay File No: I2016/991
That the Committee comments be provided to the Planning team. (Hunter/Richardson)
The motion was put to the vote and declared carried. |
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Resolved that Council adopt the following Committee Recommendation: Report No. 7.1 Elysium Project - Lawson Lane, Byron Bay File No: I2016/1027
That the Committee comments be provided to Economic Development and Tourism team. (Hunter/Richardson) The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Resolved that Council adopt the following Committee Recommendation: Report No. 8.1 10.2016.399.1 - Byron Central Health & Wellness HUB - 15 McGettigans Lane, Ewingsdale File No: I2016/969
That the development be reported to the November LTC meeting and the traffic impact report attached and a summary provided in the LTC report. (Hunter/Richardson)
The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Report No. 8.2 10.2016.582.1 - Peddle and Hawk Acacia Street Market - Byron Bay - Every Second Saturday File No: I2016/879
The trial be extended for a further 12 months to allow for consideration of the impact to the community and allow for the monitoring of any complaints received. (Hunter/Richardson)
The motion was put to the vote and declared carried. Cr Spooner was not present for the vote. |
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Resolved that Council adopt the following Committee Recommendations: Report No. 8.3 10.2016.247.1 - Transport Depot - 25 Fowlers Lane, Bangalow File No: I2016/1028
1. That the Committee’s comments be provided to the planning department.
2. That it be a recommendation to Council that if any future alterations to the layout of the Hinterland Way proximal to Fowlers Lane be undertaken, that RMS consider the implementation of exclusive left turn lane. (Hunter/Richardson) The motion was put to the vote and declared carried. Cr Spooner was not present for the vote.
Cr Spooner returned to the meeting.
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Procedural Motion
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Resolved that the matter of night time compliance officer employment processes be dealt with as a matter of urgency, the urgency being that work is to commence in December. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
URGENCY MOTION
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Urgency Motion No. 16.1 Employment of Night Time Compliance Officers for Summer Period File No: I2016/1192
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1. That Council engage at least two additional compliance officers for the duration of the Summer Holiday period to facilitate night patrols.
2. That a funding source be identified and utilised by staff. (Richardson/Ndiaye)
The motion was put to the vote and declared carried. |
There being no further business the meeting concluded at 5.48pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 15 December 2016.
….…………………………
Mayor Simon Richardson