Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 23 March 2017

 

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 23 February 2017

6.2       Byron Shire Reserve Trust Committee held on 23 February 2017

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Koala Road-kill Mitigation ................................................................................................. 5

9.2       Belongil Beach Signage.................................................................................................... 8

9.3       Natural Environment Team............................................................................................. 11

9.4       Bangalow Truck Movements.......................................................................................... 13

9.5       Revisiting R5 Zone Lot Size............................................................................................ 16

9.6       Erosion at Clarkes Beach................................................................................................ 17

10.  Petitions

10.1     Byron Residents Reject Rate Rise ................................................................................. 19

11.  Submissions and Grants

11.1     Submissions and Grants................................................................................................. 20

12.  Delegates' Reports  

13.  Staff Reports

Corporate and Community Services

13.1     Operational Plan 2016/17 - Progress Report.................................................................. 22

13.2     National General Assembly of Local Government 2017................................................ 24

13.3     Australia Day PRG Finalisation of the 2017 Group and Commencement of the 2018 Group      28

13.4     Youth Program Review................................................................................................... 33

13.5     Council Investments February 2017............................................................................... 36

Sustainable Environment and Economy

13.6     PLANNING - 10.2016.708.1 Alterations and Additions to Existing Dwelling and New Swimming Pool Border Street Byron Bay................................................................................................. 42

13.7     Council's Low Carbon Target.......................................................................................... 59

13.8     Enforcement of Dog and Cat Free Estates.................................................................... 68

13.9     PLANNING - DA 10.2016.575.1 - Agricultural Produce Industry (Micro Distillery) and Industrial Retail Outlet at 469 Middle Pocket Road, Middle Pocket......................................................... 74

13.10   Report of the Planning Review Committee Meeting held on 31 January, 2017............ 96

13.11   PLANNING - 10.2016.681.1 - Multi dwelling housing comprising of 3 new dwellings and retention of existing dwelling and strata subdivision at 9 Byron St Mullumbimby.............................. 98

13.12   Report of the Planning Review Committee Meeting held on 21 February, 2017......... 115

13.13   PLANNING - State Environmental Planning Policy No. 1 - Variations to development standards - 1 October 2016 to 31 December 2016............................................................................ 117

13.14   PLANNING - 10.2016.423.1 Multi Dwelling Housing eight townhouses at 4 - 6 Roundhouse Place Ocean Shores .............................................................................................................. 122

13.15   Report update - Planning Proposal for Short Term Rental Accommodation............... 144

13.16   West Byron Development Control Plan (DCP) - process update................................. 147

Infrastructure Services

13.17   Council Part Road Reserve Closure Byron Bay Memorial Pool.................................. 150   

14.  Reports of Committees

Infrastructure Services

14.1     Report of the Transport and Infrastructure Advisory Committee Meeting held on 16 February 2017....................................................................................................................................... 154   

15Questions With Notice

Nil   

16.  Confidential Reports

Corporate and Community Services

16.1     Confidential - Information Technology Technical Analyst Panel - 2017-0001..... 157  

 

 

 

 

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     Koala Road-kill Mitigation

File No:                                  I2017/302

 

  

 

I move that Council:

 

1. Seek advice (in two stages) from a suitably qualified expert;

 

(i)    to find out within two weeks of the date of this Resolution the types of measures possible to mitigate koala road-kill at an intersection such as is currently being constructed on Ewingsdale Road; and,

 

(ii)   receive within four weeks of the date of this Resolution details on modifications (including options if necessary) to the design of the intersection to achieve that mitigation. 

 

2. Council notify the contractor that this investigation is taking place and may lead to variations of the design and contract. 

 

3. Seek voluntary assistance and guidance from local experts on the matter. 

 

 

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

 

It has been brought to the attention of Council that the new roundabout to be built at Sunrise is in the midst of an identified Strategic Linkage area for koalas heading towards Tyagarah. The Byron Coastal Koala Plan of Management notes road strike as a significant impact on koala decline and specifically notes that area of Ewingsdale Road as a black spot — from KPOM: 

 

12.1 Road-strike … 
(ii) Within the first 6 months of the Plan Council shall prepare a koala road-kill mitigation
strategy for those roads within the BCSA (other than the Pacific Highway) identified by the
Habitat Study as koala black spots, notably in the Gulgan Rd/Mullumbimby Road
intersection and Ewingsdale Road adjacent to the West Byron Urban Release area.

(iii) The strategy referred to in (ii) above must identify solutions and prioritise a 5 year
program of works intended to reduce koala road mortalities.

 

I realise it is late in the piece and the contract has been awarded but it appears we have overlooked koalas (and perhaps other ecological factors) in the process of considering this roundabout.  I have heard anecdotally from Sunrise residents that the area is a hot spot for crossing koalas and it is marked on the Strategic Linkage maps in the Byron Coastal Koala Plan of Management (see p.48 and detail below).

 
It is a logical crossing point between West Byron and the large stands of Swamp Mahogany to the east of Sunrise and SAE. I believe we must be factoring in mitigation measures to preserve this linkage. It may be that a koala underpass is required or similar — not being a koala ecologist or a traffic engineer I can only conjecture.  Given the intensification of development in koala habitat that is inevitable at West Byron, Council cannot knowingly be the cause of further impingements on an already precarious population.  
 
If we don't enable their crossing of Ewingsdale Rd there, then there is no other logical point except possibly west of Island Quarry and I’m advised that involves them travelling through the sedgelands and wetlands.
 

It would be good to know our options for making the roundabout more koala friendly and we should not be committing to works that are likely to further reduce the viability of our already declining koala population.

 

 

Staff comments by Phil Warner Acting Director Infrastructure Services

 

Council has called tenders and awarded a contract for a roundabout to be constructed at the intersection of Sunrise Boulevard and Ewingsdale Road, largely funded through the Federal Black Spot Grant program. Council has committed to the works.

 

The environmental assessment considered the question of fauna passage and noted that Fauna underpasses could be considered within later stages of the Ewingsdale Road Upgrade. This position is consistent with the intent of the draft Byron Coastal Comprehensive Koala Plan of Management (as adopted by Council 4 August 2016 but yet to be approved by the Department of Planning).

 

Looking to the future of the broader Ewingsdale Road (MR545) upgrade designs currently under way, it would be desirable to coordinate a fauna crossing (either under or above the roadway) with other infrastructure works such as a new or upgraded culvert.

 

 

 

 

Financial/Resource/Legal Implications:

 

The proposed motion has potential significant implications including:

 

1.    The Sunrise Boulevard roundabout project contract has already been signed off and the contractor will commence construction on 13th March 2017. Any variations to this contract would need the support of the funding authority and would need to be negotiated with the contractor and cannot simply be imposed.

2.    The proposed koala crossing assessments will take longer than the contract delivery timeframes specified, involve specialist service providers and are unfunded.

3.    If a fauna passage proved technically and environmentally feasible and desirable, it would be a costly variation to the contract that is unfunded.

4.    The proposed change of scope for the project would threaten the timely delivery of the project in accordance with funding agreements and extend the length of the works further impacting the community.

5.    Changes to the contract delivery timeframe would leave Council exposed to contract penalties and extend disruption to traffic on Ewingsdale Road

6.    The proposed assessments and any envisaged works cannot be funded under the approved grant.

 

Staff believe that the following alternative motion may have merit:

 

1.  Seek advice (in two stages) from a suitably qualified expert;

 

(i)           to find out within one month of the date of this Resolution the types of measures possible to mitigate koala road-kill along Ewingsdale Road in the vicinity of Sunrise Boulevard; and

 

(ii)          receive within two months of the date of this Resolution details on proposed works to be incorporated into current design work for the upgrade of Ewingsdale Road to a dual lane carriageway to achieve that mitigation. 

 

2.  Seek voluntary assistance and guidance from local experts on the matter.  

 

Is the proposal consistent with any Delivery Program tasks?

 

The goals of mitigating koala road kill are consistent with Delivery Plan Key Activity 42 – Restore native vegetation and improve habitat links across rural and urban landscapes.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Belongil Beach Signage

File No:                                  I2017/308

 

  

 

I move that Council:

 

1) Clarify the name of the stretch of beach from the Belongil Estuary to Tyagarah. Should that section have no official name, then for it to be given a name.

 

2) Following naming, identify which areas of this stretch have restricted activities and which are for general public use and erect appropriate and clear signage at all entries and on the beach itself

 

 

 

 

 

Signed:   Cr Jan Hackett

 

Councillor’s supporting information:

 

The beach west of Belongil residential area and the Belongil creek and estuary has historically had

little use, except by fishermen and the odd surfer. For a long time its simply been called "up the

beach" or "on the other side of the estuary”.

 

In recent decades this stretch of beach has seen a large increase in beachgoers, given the build

up of residential estates (Sunrise Beach Estate), resorts (Elements) and the Arts and Industry

Estate with living quarters attached. Soon there will be West Byron, and this beach - directly in

front of Elements and beside a sensitive bird nesting habitat on the banks of the estuary - will

become a second Main Beach.

 

I have heard this stretch called North Belongil, Sunrise Beach and West Belongil. This lack of

identification of a beach which stretches from the last residences on the Belongil spit to Tyagarah

and beyond, together with its once isolation from the mainstream, has led to much confusion

regarding boundaries and usage.

 

As local residential and visitor use has increased, and will continue to increase, I think some

clarification of public beach area, clothes optional area, and restricted area, should be sought and

well publicised.

 

Local residents have complained for over a decade now about being sick and tired of being

approached by nudists when all they were seeking was a quiet walk or swim. More recently visitors

from Elements have felt they have had to vacate the beach when confronted by some nudists who

paraded themselves or made inappropriate approaches to women and children, sometimes in

sexually a excited mode. Meanwhile the nudists believe this beach to be legitimately theirs, as they

have for years been told to go further up the beach or cross the creek, and anywhere after there

was fine.

 

Note: There is some signage at the entrance of the beach in front of Elements that designates NO DOGS. At the estuary there are signs noting that this is a bird sanctuary. There is no signage clarifying where the location of the clothes optional beach is and how it can be accessed.

 

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

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

At its Ordinary Meeting of 27 October 1998, Council resolved (8147) to declare part of the beach at Tyagarah as clothes optional.

 

 

 

 

 

Council no longer has the care, control or management of any part of the beach that has been declared as ‘clothes optional’. Land management in this area rests with three state government agencies – Crown Lands (NSW Department of Industry - Lands), Office of Environment & Heritage (National Parks & Wildlife Service -NPWS) and the Department of Primary Industries (Marine Parks Authority -MPA).

 

The area has become a focal point for anti social behaviour, with frequent complaints made to Council and to the Police. Enforcement of anti social behaviour in this area is a matter for the Police, and not Council’s Enforcement Officers.

 

As far as can be identified, this area is known as Tyagarah Beach. It is identified on Council’s web site http://www.byron.nsw.gov.au/beaches with the above map (strip north of Lot 449/812102- Tyagarah Beach Car Park).  A name change or the erection of signage thereon is a matter for the responsible agencies.

 

Council can write to these agencies to request the erection of signage to assist the public. Example below.

 

 

 

 

Financial/Resource/Legal Implications:

 

Nil

 

Is the proposal consistent with any Delivery Program tasks?

 

N/A

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Natural Environment Team

File No:                                  I2017/313

 

  

 

I move that Council:

1.       Include in its draft budget for the year 2017-18 the re-establishment of the Natural Environment Team similar to that which Council had up to about 2014, so that Council carries capacity in-house for the purposes outlined in Part 3 below. 

2.       Receive a report identifying options for a structure, team composition and costings for inclusion in the 2017-18 budget. 

3.       Charge the new Team with (i) preparing a revised biodiversity conservation strategy that addresses terrestrial and coastal 'ecosystem based management' (EBM) across the Shire and its water catchment area (ii) assessing ecological impacts of developments, (iii) managing environment databases and mapping, (iv) assisting in the preparation of strategic plans (such as DCPS, LEPS and land use strategies)  (v) overseeing environmental rehabilitation and restoration works, and (vi) ensuring that environmental needs are taken into account in Council's own planning processes and civil works. 

 

 

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

Up to 2014 or 2015, Council had such in-house capacity and was able to assess ecological impacts easily and at critical times (such as during the sometimes short periods required for timely DA assessment). Since the loss of the Natural Environment Team, consideration of ecological impacts appears to have taken a lesser role. This is also noticeable across water catchment issues where activity on land is having impacts in water but there appears to be a disconnect and a lack of oversight and continuity.

When ecological advice is required, Council relies on external consultants submitting assessments at the behest of proponents. Council can also "go to the market" and employ consultants but there can be conflict of interest - such consultants often also work for developers. Conflict of interest is a matter of perception rather than of actuality. The current arrangements create doubt and are not robust. 

The current need for ecological capacity is demonstrated by inadequate ecological oversight as in the following examples:

·           protection of koalas, and core koala habitat, when proposing and undertaking tree clearing around the Tyagarah airport;  

·           the lack of consideration of koalas, sedge frogs and other ecological factors in the preparation of the West  Byron DCP;

·           failure to ensure that development of Seacliffs, one of the most environmentally significant developments Byron Council has attempted (given the widespread presence of Endangered Ecological Communities and threatened species) complied with Conditions of Consent to fence endangered rainforest and wetlands, protect endangered plants, stop stream pollution and undertake required rehabilitation works; and 

·           the need to retro-fit measures to facilitate Koala crossings of Ewingsdale Road at a known koala blackspot and key koala habitat link, when planning the roundabout at the intersection of Sunrise Boulevard.; and

·           the recent pollution of the Butler St Channel —  the Belongil and Butler St Channel stank for days, noticed by residents from Butler St area out to Ewingsdale.

These examples exemplify the need to have in-house expertise to deal with the multitude of similar situations that need to be dealt with on a daily basis by Council. 

 

Staff comments by Ken Gainger, General Manager

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

 

Due to receipt of this NoM close to deadline for finalising and printing the Business Paper staff have not had an opportunity to provide comments to the proposals. Staff will be happy to respond to questions at the Council meeting provided those questions don’t go to individual staff positions or the incumbents in which case the Council would need to go into confidential session.

 

Financial/Resource/Legal Implications:

 

Not known legal implications. Finance/resource implications are subject to assessment during the preparation of the draft budget for 2017/18

 

Is the proposal consistent with any Delivery Program tasks?

 

This will be evaluated prior to the Council meeting.

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Bangalow Truck Movements

File No:                                  I2017/318

 

  

 

I move:

 

That Council investigate how (by planning or traffic regulations) it is possible to limit trucks over a designated size travelling through Bangalow on Byron Street and Byron Bay Road from the Hinterland Way roundabout to Lismore Road roundabout.

 

This limitation to consider the size of trucks and the possible times of restricting truck access to these roadways.

 

 

 

 

 

Signed:   Cr Paul Spooner

 

Councillor’s supporting information:

 

The village of Bangalow is coming under increased development pressure and is facing conflicting demands in regards to how to meet the needs of both residents and businesses into the future.

 

Maintaining the village atmosphere of Bangalow is being expressed through the Guidance Group for the Bangalow Village Plan as well as by key community groups.

 

A key aspect of this village atmosphere would be achieved by maintaining a low key flow of traffic through the main street of the village.

 

With possible increased developments along the Lismore Road section it would be astute of council to consider the options available to restrict truck traffic travelling on Byron Street and Byron Bay Road.

 

At a minimum it may be advisable to restrict truck movements to certain times of the day, if not completely.

 

Any trucks travelling along Lismore Road wanting to access the Pacific Highway (to travel either north or south) may do so via Granuaille Road. Any trucks requiring to exit the Pacific Highway (from either the north or south) to travel on Lismore Road are able to use the same route.

 

See map below:

 


 

Recommended priority relative to other Delivery Plan tasks:

 

EN2:

Sustainable towns, villages and rural settlements that: a) respect our natural environment; b) create an inclusive social environment, and c) integrate harmoniously with the character of local areas

 

Definition of the project/task:

 

Council to investigate how it is possible to limit truck movements through Bangalow on Byron Street and Bangalow Road.

 

Staff comments by Tony Nash, Manager Works, Infrastructure Services Directorate:

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

 

The following broad actions would be required to investigate this matter:

 

1.   Traffic counts of volumes, speed and vehicle classifications around Bangalow typically at say 4 to 6 sites

 

2.   Traffic study to:

 

a.  analyse the data of existing traffic movements and behaviours

b.  look at options of treatments to change movements and behaviours

c.  impacts of alternative routes and / or restrictions on:

i. amenity

ii.       noise

iii.      environmental

iv.      cost

v.       transport efficiency

vi.      freight movements

vii.     community

viii.    businesses

3.   Consultation with stakeholders, such as:

a.  Roads and Maritime Services (RMS):

 

i. State road authority

ii.                 regulator of road speed limits and other enforcement measures

iii.                movements of classified dangerous goods

iv.               alternative routes for St Helena tunnel

b.  community

c.  business owners / operators

d.  Transport for NSW

 

The process that could be followed after completion of the data collection, consultation and traffic study is:

·   presentation to Strategic Planning Workshop

·   Report to Council to resolve a preferred option

·   Report to Local Traffic Committee for approvals

·   Implementation

 

NOTE:

 

If this motion is supported it should be noted that as part of the preparation of a Bangalow Town Centre Master Plan it is already intended that a traffic study will be undertaken. Accordingly, it may be more appropriate for the criteria in this NoM to be adopted to help inform a Traffic Study consultant’s brief and the motion re-worded accordingly.

 

Financial/Resource/Legal Implications:

 

This investigation is all project work and would need a capital budget for the actions above to be undertaken by both Council project based staff and the external consultants.  It is not able to be funded within the limited operational salary budgets in Infrastructure Planning.

 

There has been no detailed assessment of costs, but it is considered that this work could cost between $50,000 and $75,000 based on the costs incurred for both Council project based staff and the external consultants in recent traffic and parking investigations.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes

 

Item 40 of the Delivery Program is to “Improve the amenity of public space in towns and villages” by:

·   Byron Bay Parking Plan implemented

·   Parking study of Bangalow, Brunswick Heads, and Mullumbimby completed

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.5

 

 

Notice of Motion No. 9.5     Revisiting R5 Zone Lot Size

File No:                                  I2017/319

 

  

 

I move:

 

1. Council staff examine a change of lot size in the R5 zones at Ewingsdale and Left Bank Road to increase available residential land in the short term; and,

 

2. Report the possible lot yield result in the two zones within 3 months

 

 

 

 

 

Signed:   Cr Alan Hunter

 

Councillor’s supporting information:

 

The Byron LEP 2014 zoned the rural small holdings 1(c1) and 1(c2) from the 1988 LEP as residential zone.

 

In completing the plan Council established a minimum lot size in these areas much greater than permitted in the 1988 LEP.

 

In particular the Ewingsdale and Left Bank Road, Mullumbimby R5 areas this has tied up land that could be providing house lots for our community looking for affordable housing.

 

There are many lots in these two R5 zones already 2000 sq m whilst the current minimum lot size in our LEP is 8000 sq m restricting further house sites.

 

Much of the larger lot is not productively used, in fact quite the reverse, growing weed seeds to pollute roads, waterways and nearby farmland.

 

Without doubt the current housing crisis is a State if not National issue and a lot of the pressure building on the Byron community is indirectly the result of the property boom in Sydney, Melbourne and overseas demand. It requires an all out effort from all levels of government to resolve.

 

It is not likely that tour current residential strategy will begin to deliver any meaningful house numbers for a few years, meanwhile the crisis in our community for those looking for somewhere to rent or buy is building day by day.

 

It will take a much more proactive approach to resolve as past experience has shown when our last rural residential strategy delivered just 60 new residences over 10 years.

 

The investigation can occur alongside an overall strategy as a the policy needed to establish these R5 zones is already there, it is just a matter of density.

 

Staff comments by Ken Gainger, General Manager

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

 

Due to receipt of this NoM close to deadline for finalising and printing the Business Paper staff have not had an opportunity to provide comments to the proposals. Staff will be happy to respond to questions at the Council meeting relating to this agenda item.


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.6

 

 

Notice of Motion No. 9.6     Erosion at Clarkes Beach

File No:                                  I2017/321

 

  

 

I move:

 

1. Prepare a report for Council's meeting on the 20th of April outlining the issues that are contributing to the massive erosion taking place through the tertiary coastal dune and caused by a stormwater outlet which is discharging from a height of approximately 5m above Main Beach at the far end of Clarke's Beach Caravan Park, also exposing ancient Aboriginal maddens.

 

2.  Establish whether Council consulted or gave any opinion or approval on the design of the stormwater outlet.

 

3.  Take urgent action to reduce its contributions to erosion at the stormwater outlet and work with other stakeholders, encouraging them to do the same while an alternative outlet arrangement is established and implemented.

 

4.  Ascertain its responsibilities in relation to the stormwater outlet and determine whether it meets best practice guidelines or method for this sensitive, much loved, public and controversial coastal environment.

 

 

 

 

 

Signed:   Cr Sarah Ndiaye

 

Staff comments by Peter Rees, Manager Utilities, Infrastructure Services

 

The beach erosion that has occurred along Clarks Beach particularly in the vicinity of the Clarks Beach Caravan Park is caused by the macro effects of the northward movement (or lack) of sand along the east coast. The stormwater outlets at the Clarks Beach Caravan Park are causing localised erosion effects only.

 

Council staff met with North Coast Holiday Park (NCHP) staff and NPWS staff on site on Wednesday 8 March 2017. Agreement was reached for NCHP and Council to immediately implement corrective action at the eastern stormwater outlet to protect the midden currently being exposed. It was acknowledged that the macro effects of the northward movement of sand causing the general beach erosion would eventually impact significantly on the midden regardless of what short term actions are implemented.

 

Follow up meetings between Council staff and NCHP have been scheduled to initiate the approval process for both the short term and medium term work required for this area.

 

Financial/Resource/Legal Implications:

 

The NCHP has indicated it will be the lead agency in undertaking this work. Council will however need to identify funds to contribute to the short term mitigation measures to protect the midden. The NPWS has indicated legal action may be taken in relation to the midden damage if no action is taken in the short term.

 

It is expected Council’s contribution to the short term mitigation measures will be of the order of $200,000.

 

The report can be prepared for the 25 May meeting.

 

Is the proposal consistent with any Delivery Program tasks?

 

CI1.5 Provide water, sewerage and stormwater infrastructure and capacity for future generations.  


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.1

 

 

Petitions

 

Petition No. 10.1         Byron Residents Reject Rate Rise

Directorate:                 Corporate and Community Services

Report Author:           Jessica Orr, Corporate Governance and Risk Management Officer

File No:                        I2017/157

Theme:                         Corporate Management

                                      Governance Services

 

At Council’s Ordinary meeting held on 2 February 2017 Cr Paul Spooner tabled a petition containing 620 signatures which states:

 

“Don't raise Byron Shire's rates!

 

30% of Byron Shire's rates don't go to locals.

 

There is a better way - don't slug those in our community who are least able to

afford it. Why not ensure that the burden of increased rates falls onto tourists, rather than

residents, through an increased ‘special rate’?

 

Increasing the number of business ratepayers by including holiday lets, AirBnB

and other short-term rentals would increase our revenue, acting as a de facto bed

tax. Additional revenue could be gained from increasing parking fees at popular

tourist locations like Main Beach and Wategos. This would ensure the burden is

placed on tourists, not locals.

 

Make tourists pay their fair share!”

 

Comments from Director Corporate and Community Services:

 

The issues raised in the Petition were canvased in the submissions received and considered by Council at its Ordinary meeting held on 2 February 17, during the debate and discussion of Report 13.2 - 2017/18 Special rate Variation Application. Council in adopting Resolution 17-020 and Resolution 17-023 (relating to Report 13.5 - Rating and Revenue Options) addressed generally the issues raised both in the submissions and the petition.

 

Council in the development of the 2017/18 draft Revenue Policy has been working on the implementation of Part 2 of Resolution 17-023 relating to the distribution of the rating burden between rating categories.

 

 

  

 

RECOMMENDATION:

1.       That the petition regarding Byron Residents Reject Rate Rise be noted.

 

2.       That the petition be referred to the Director Corporate and Community Services.

 

 

Attachments:

 

1        Excerpt of Petition - Byron Residents Reject Rate Rise , E2017/8657

 

  


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Submissions and Grants

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2017/90

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

This report provides an update to Councillors on grant submissions since the previous Council meeting.

 

  

 

RECOMMENDATION:

That Councillors note the report.

 

 

Attachments:

 

1        Grants Report as at 28 February 2017, E2017/8776

 

 


 

Report

 

This report provides an update to Councillors on grant submissions since the previous Council meeting.

 

Funding Applications Submitted

 

We submitted three applications as follows:

 

·   NSW Dept of Justice, Extension of CCTV in Byron CBD

·   Australian Government, Upgrade of Intersection Bayshore Drive and Ewingsdale Road

 

Funding opportunities identified for consideration by staff

 

·   NSW, Dept of Primary Industries – Fisheries, Recreational Fishing Trust

·   NSW, Dept of Primary Industries – Lands, Public Reserves Management Fund

·   Foundation for Rural and Regional Renewal, Small Grants for Regional Communities

·   NSW Education, Before and After School Care Fund

·   NSW Office of Environment and Heritage, Flying-foxes Grant Program

 

Funding submissions awaiting notification

 

·   NSW Dept of Justice, CPTED lighting for Byron CBD

·   Tourism Demand-Driver Infrastructure Funding

·   Community Passenger Transport Infrastructure Grants

·   NSW RMS Active Transport Funding

·   NSW Flagship Fish Habitat Rehabilitation

 

It should also be noted that staff are actively working to prepare major project submission for the following funding rounds as soon as they are announced:

 

·   Australian Government, Regional Tourism Infrastructure Fund

·   NSW Government, ‘Poles and Wires’ funding (NSW Government)

·   Australian Government, Regional Jobs and Industry for North Coast NSW

·   Australian Government, Building Better Regions Fund, Round 2

 

Additional information on the Grant Submissions made and or pending is provided in Attachment 1 – Grants report as at 28 February 2017

 

Financial Implications

 

N/A

 

Statutory and Policy Compliance Implications

 

N/A    


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Operational Plan 2016/17 - Progress Report

Directorate:                 Corporate and Community Services

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

File No:                        I2017/34

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

This report summarises the Council’s progress, against the adopted measures/targets, towards achieving the annual Actions contained in the 2016/17 Operational Plan.   This report is the 6-month progress report as at 31 December 2016.

 

  

 

RECOMMENDATION:

That Council note the 6-month progress report (E2017/14830) on the Operational Plan 2016/17.

 

Attachments:

 

1        Operational Plan 6 Month Progress Report, E2017/14830

 

 


 

Report

 

The purpose of this report is to provide Council with the 6-month progress report on the annual Actions contained in the Operational Plan 2016/17, as at 31 December 2016.

 

The Operational Plan 2016/17 is the annual actions component of the 2013-2017 Delivery Program adopted by Council on 27 June 2013.

 

As part of the 2015/2016 Operational Plan redesign, the 2016/17 Operational Plan progress report contains traffic light indicators for “at a glance” progress status, and “exception” reporting explanatory notes where progress indicators have a red traffic light.  A comprehensive progress report is provided at Attachment 1, and a summary is set out below:

 

Progress Measures

Progress Indicators

60

●    achieved/completed or on track

 

58

   substantially achieved/completed or under close management   

 

16

●    not achieved/not completed or on hold 

      (explanatory notes provided in Attachment 1)

 

 

Financial Implications

 

The Council’s financial performance for the reporting period is addressed in the Quarterly Budget Review, which was subject to separate report to the 23 February Ordinary meeting of Council.

 

Statutory and Policy Compliance Implications

 

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


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Report No. 13.2           National General Assembly of Local Government 2017

Directorate:                 Corporate and Community Services

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

File No:                        I2017/210

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

This report is provided in accordance with Council’s Policy Mayor and Councillors Payment of Expenses and Provision of Facilities, Clause 8.4.1 “A resolution of Council is required to authorise attendance of Councillors at …b) Australian Local Government Association National General Assembly as a voting delegate.”

 

The National General Assembly of Local Government will be held from 18 to 21 June 2017 in Canberra. The Call for Motions Discussion Paper requires that motions from Councillors are to be lodged with ALGA no later than 11.59pm on Friday 21 April 2017.

 

  

 

RECOMMENDATION:

1.       That Council authorise the following Councillors to attend the 2017 National General Assembly of Local Government to be held at the National Convention Centre in Canberra from 18 to 21 June 2017:

 

          Cr _________________________ and    Cr _________________________

 

2.       That Cr _____________________ will be the voting delegate.

 

3.       That Council endorse the following motion for submission to the National General Assembly:

         

Submission A: That the ALGA invest in raising awareness of and appreciation for the extensive services provided by local government, including but not limited, producing audio and video productions for webcasting and other advertising and building a dedicated web platform with resources for community and local government, referring to Life, Well Run, an initiative, of the International City/County Management Association as a guide (see http://lifewellrun.org/).

 

 

Attachments:

 

1        Letter from the Australian Local Government Association with 2017 National General Assembly Of Local Government - Call for Motions, S2017/2743

2        Memo to Councillors - Call for motions for 2017 National General Assembly of Local Government, E2017/12238

 

 


 

Report

 

Council has received the program and registration details for the National General Assembly of Local Government (NGA) to be held in Canberra from 18 to 21 June 2017.

 

Council’s Policy Mayor and Councillors Payment of Expenses and Provision of Facilities, clause 8.4.1. states “A resolution of Council is required to authorise attendance of Councillors at…b) Australian Local Government Association National General Assembly as a voting delegate.”

 

Council is entitled to one voting delegate in the debating session.

 

Conference Motions

 

The Mayor and Councillors Payment of Expenses and Provision of Facilities Policy also states at clause 8.4.4.(b) that “Submission of motions for consideration by Council will be done by notice of motion, which can be considered during the year.”

 

As motions to the NGA are to be received by ALGA no later than 11.59pm on Friday 21 April 2017 and must first be endorsed by Council prior to submission, a memo was provided to Councillors (Attachment 2) advising of the due dates for Notices of Motion to be submitted in time for this Agenda and for discussion at this meeting.

 

See Call for Motions below regarding information that must be included in a motion.  Staff will submit any adopted motions to ALGA on behalf of a Councillor/s following the meeting of 20 April 2017.

 

Call for Motions

 

This year’s theme is Building Tomorrow’s Communities”. To be eligible for inclusion in the NGA Business Papers, and subsequent debate on the floor of the NGA, motions must meet the following criteria:

 

1.    be relevant to the work of local government nationally

2.    be consistent with the themes of the NGA

3.    complement or build on the policy objectives of your state and territory local government association

4.    be from a council which is a financial member of their state or territory local government association

5.    propose a clear action and outcome

6.    not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

 

To assist Councils in preparing motions, a Discussion Paper has been prepared and can be seen at Attachment 1 to this report. 

 

Motions should be lodged electronically using the online form available on the NGA website at: www.alga.asn.au.  All motions require, among other things, a contact officer, a clear national objective, a summary of the key arguments in support of the motion, and endorsement of your council.  Motions should be received by ALGA no later than 11:59pm on Friday 21 April 2017, electronically in the prescribed format.

 

Motion to Promote Awareness of Local Government Services

 

In addition, to the above, staff are recommending that Council consider proposing a Motion that the ALGA, as the collective representative association for Local Government across Australia, invest in promoting awareness of the extensive services local government provides to community.

 

As an example, late last year the Byron Shire community were fortunate to have Jim Diers, successful international community activator, present on how to activate caring, inclusive and powerful communities – refer to http://www.neighborpower.org/ . Key take home messages included the need for strong, informed and trust-based partnerships between local government and community. During recent community consultation on masterplans, SRV, IP&R documents and the like, much of the feedback has demonstrated a lack of awareness within the community of the extent of the services Council provides and the reasons for those services.

 

Staff have taken this feedback on board and are in the process of developing, within existing resources, a range of awareness material to help to build awareness and understanding at a local level.

 

However, a broader and consistent approach, which could be well resourced by small contributions by many participants and potentially sponsorship, may have more impact particularly with increasingly mobile populations and be more cost effective.

 

“Life, Well Run” ™ is a great example of simple but effective on-line tools promoting awareness of and engagement with local agencies in the USA. Their Success-Stories interactive map (http://lifewellrun.org/success-stories-map/ ) and Live, Well Run Videos (http://lifewellrun.org/videos/ ) for example are simple but effective tools to engage community with local government and raise awareness of local government services

 

If Council resolved to, a motion could be put this forward to use this model as a guide on how the ALGA could really step up its representation of member councils by increasing knowledge and community awareness and promoting local government services.

 

Using the discussion paper template the Background Information would be along the above lines, the motion would be as recommendation in this report, amended by Council as required and the National Objective would be along the lines:

 

“This is a national issue that should be debated at the NGA because it affects every community and every local government agency in Australia. Very little is currently done on a national level to raise knowledge and awareness of the extensive services provided by local government or to promote local government to community. Returns on investment would be evident in the form of increased opportunities to successfully partner with and activate community. Laying the awareness foundations now will also assist to promote local government constitutional recognition when that is back on the agenda.”

 

Conference Details

 

Where:              National Convention Centre, Canberra, ACT

Dates:                Sunday 18 June to Wednesday 21 June 2017

 

Costs:

(per delegate)    Registration Fee (early bird received by 5 May 2017)                                  $929.00

     Accommodation (approx) (4 nights)                                                           $1,000.00

                          Travel (approx.)                                                                                             $800.00

                          Total:                                                                                                          $2,729.00

 

Financial Implications

 

Council has an allocation for conferences of $19,300 within the 2016/17 budget (2145.004).  There has been $8,035.18 expended and committed as at 28 February 2017.  Council is therefore able to fund the cost of two delegates from this budget.

 

Statutory and Policy Compliance Implications

 

In accordance with Council’s Policy Mayor and Councillors Payment of Expenses and Provision of Facilities “A resolution of Council is required to authorise attendance of Councillors at …b) Australian Local Government Association National General Assembly as a voting delegate.”

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Australia Day PRG Finalisation of the 2017 Group and Commencement of the 2018 Group

Directorate:                 Corporate and Community Services

Report Author:           Deborah Stafford, Community Projects Officer (Generalist)

File No:                        I2017/257

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report provides information on the work completed by the Australia Day 2017 Project Reference Group (PRG). It is now recommended that the 2017 PRG be disbanded following the completion of its objectives.

 

This report also recommends that a 2018 PRG be established in order to coordinate the Australia Day activities for 26 January 2018.

 

  

 

RECOMMENDATION:

1.       That Council notes this report on the Australia Day 2017 activities and disbands the Australia Day Project Reference Group effective 23 March 2017.

 

2.       That Council write to all members of the Australia Day 2017 Project Reference Group advising of this resolution and to thank the participants for their assistance.

 

3.       That Council participate in the Australia Day Council Ambassador Program for 2018 Australia Day activities

 

4.       That the objectives for the Australia Day 2018 Project Reference Group, as outlined in this report, be adopted.

 

5.       That the Constitution for the Australia Day 2018 Project Reference Group (#E2017/14231) shown at Attachment 1 be adopted.

 

6.       That Council invite the following organisations to nominate representatives to be a member on the Australia Day 2018 Project Reference Group:

 

·    Byron Bay Rural Fire Brigade, Suffolk Park

·    Bangalow Historical Society

·    Rotary Club of Byron Bay

·    Rotary Club of Mullumbimby representing the Combined Services Clubs of Brunswick Valley

·    Brunswick Mullumbimby Lions Club

·    Ocean Shores Community Association

·    Brunswick Valley Historical Society

·    Sisters for Reconciliation

·    Byron Bay Surf Club representing the Australia Day Paddle

 

Attachments:

 

1        Australia Day PRG 2018 - Draft Constitution, E2017/14231

 

 

Report

 

Finalisation of Australia Day 2017 PRG

 

In accordance with Resolution 16-081, Council invited organisations to nominate representatives to be a member on the Australia Day 2017 PRG.

 

The PRG met on three occasions prior to Australia Day and held a debrief meeting on 20 February. Additional discussions and correspondence were undertaken as required in order to confirm arrangements for the official ceremony and separate community events.

 

In accordance with resolution 09-680 which states, in part, that the official ceremony is to ‘alternate each year to different locations within the Shire’, the official ceremony for 2017 was held at the Mullumbimby Ex-Services Bowling Club and coordinated by the Brunswick Valley Historical Society in conjunction with Council.

 

The Official ceremony was conducted with the assistance of an Auslan interpreter. There were approximately 80 invited guests plus spectators in attendance. The following people and events were included:

 

·   Cr Simon Richardson as MC

·   Welcome to Country by Delta Kay, Arakwal

·   Speech by the Australia Day Address Giver, Gillian Lomath

·   Speech by Byron Shire’s Australia Day Ambassador, John Kundereri Moriarty

·   Local Australia Day Awards

·   Citizenship Ceremony

·   Sit down lunch for invited guests

 

Nominations were received for the award categories listed below (with the recipient noted in brackets):

 

·   Citizen of the Year (Christopher Hanley)

·   Junior Citizen of the Year (Holley Somerville-Knott)

·   Volunteer of the Year (Susan Tsicalas)

·   Sports Person of the Year (Millicent McCourt)

·   Community Event of the Year (Byron Lighthouse Run)

 

Other Australia Day events were planned and delivered by the various community groups with the details of these events noted below.

 

Brunswick Heads Breakfast in the Park (Rotary Club of Mullumbimby representing the Combined Services Clubs): This event was held at Banner Park.  There were approximately 800 people in attendance for this 29th year of the event. Leftover food was donated to the participating clubs for future use. 

 

Byron Bay Breakfast in the Park (Rotary Club of Byron Bay): This event was held in Apex Park with approximately 400-500 people attending and all aspects of the day proceeding well. 

 

Celebration of the Survival of Aboriginal and Torres Strait Islander Peoples and Culture (Sisters for Reconciliation): This event was held at Apex Park and included speakers, dancers and music.  The event was successfully delivered and it was identified that additional volunteers will be needed for the 2018 event.   

 

Suffolk Park Fun Afternoon (Byron Bay Rural Fire Brigade, Suffolk Park and Suffolk Park Progress Association): This event was held at Gaggin Park with approximately 400 attendees. The family friendly format was successful and it was identified that more shade would be beneficial for 2018.

 

Ocean Shores Family Afternoon (Ocean Shores Community Association): This event was held at the Ocean Shores Public School and included the mullet throwing competition and rainforest walk. There were approximately 80 people in attendance and it was identified that an improved sound system be available for next year’s event.

 

Bangalow: This event was not held in 2017.

 

Mullumbimby Pool Event: This event was not held in 2017.

 

Identified Opportunities for Improvement

 

It was identified that Council would continue to work with the relevant Project Reference Group to streamline administrative and event management processes. Opportunities for supporting community leadership of community-based events and incorporating operational efficiencies will be discussed at the first meeting of the Australia Day 2018 Project Reference Group.

 

Australia Day Project Reference Group Constitution

 

The objectives outlined in the PRG's Constitution and which are generally described as being:

 

1.       Organise Australia Day Events

2.       Australia Day Address – Local Resident

3.       Local Australia Day Awards

4.      Australia Day Ambassador – Participation in Program

 

have been met. The PRG thanked Council for all support provided and noted that:

 

·   The Australia Day Ambassador was very well received at all events and provided excellent participation and interaction with attendees

·   All Council staff preparation of grounds was excellent

·   Provision of bin stations (with three types of bins) and volunteers to assist with appropriate use was well received and effective

 

Commencement of Australia Day 2018 PRG

 

In previous years, Council's Australia Day PRG has coordinated Australia Day activities throughout the Shire on an annual basis.  As noted in this report, the Australia Day 2017 PRG is recommended to be disbanded in March 2017 following completion of its objectives.  To enable the coordination of Australia Day activities for 26 January 2018, it is recommended that a PRG be established. 

 

Details, including the objectives, of the Australia Day PRG for 2018 are listed below.

 

 

 

 

 

 

 

Australia Day Project Reference Group

 

Name of PRG

Objectives

PRG Structure

Australia Day PRG

1.      Organise Australia Day Events

a)      Australia Day Celebrations to be organised in each town if there is a PRG member to organise such event.  This is to be done on a voluntary basis by the member representing that town.  One of these towns is required to hold and organise the Official Ceremony as part of their Australia Day celebration.

b)      The Official Ceremony is to include the Australian Citizenship ceremony and Local Citizen of the Year awards.

c)      Celebrations are generally to be free of charge and family orientated (can recoup costs of any moneys expended outside of Council’s donation).

d)      Budget moneys received from Council are not to be used for the employment of professional artists.

e)      Events are to celebrate what is great about Australia e.g. the people, diversity, freedom, democracy, a fair go for all, the land or our Indigenous people.

f)       Events are to recognise the contribution of Indigenous Australians and our multicultural heritage and celebrate the diversity that has helped shape our nation.

 

2.      Australia Day Address - Local Resident

a)      Nominate a local resident to give the Australia Day Address at the Official Ceremony.

 

3.      Local Australia Day Awards

a)      Develop a nomination form for Byron Shire Council Australia Day awards.

b)      Categorise what awards will be given.

c)      Call for nominations and actively promote the awards to the community as awards for people or groups who have succeeded in their chosen field or have worked tirelessly within their communities.

d)      Award recipients are to be chosen by a vote of the full committee. Tied votes are to be resolved by a draw from a hat.

 

4.      Australia Day Ambassador Program

a)      Register with the Australia Day Council of NSW in order to participate in their Ambassador Program.

b)      Local identities may be utilised if the organising committee wishes to have an Australia Day Ambassador at their local event.

c)      If for any reason the PRG does not participate in the Australia Day Council Ambassador Program, a local identity may be utilised for the Official Ceremony's Australia Day Ambassador.  The identity is to be endorsed by the PRG.

 

Membership:

Membership is to include up to nine members:

 

·    9 invited members

o Byron Bay Rural Fire Brigade, Suffolk Park

o Bangalow Historical Society

o Rotary Club of Byron Bay

o Rotary Club of Mullumbimby representing the Combined Services Clubs of Brunswick Valley

o Brunswick Mullumbimby Lions Club

o Ocean Shores Community Association

o Brunswick Valley Historical Society

o Sisters for Reconciliation

o Byron Bay Surf Club representing the Australia Day Paddle

 

Convenor/Facilitator

Director Corporate and Community Services and/or delegate.

 

*  Staff members participating on the working group do not have any voting entitlements.

 

Frequency of Meetings:

As needed

 

Time Frame to carry out objectives:

Six months

 

Reports to:

Ordinary Meeting

 

No Councillors are required to be appointed to the PRG. Council may appoint a Councillor as a non voting delegate to attend the meetings of the PRG.

 

The above invited community organisations were represented on the Australia Day PRG for events on Australia Day 2017.  Due to the success of previous Australia Day events, it is recommended that the same groups be invited to join the Australia Day 2018 PRG. 

 

It is anticipated the first meeting of this PRG will be held in September 2017.

 

Location of the 2018 Australia Day Official Ceremony

 

The location of the 2018 Australia Day Official Ceremony was discussed by the 2017 PRG at its final meeting.  The cycle has returned to Bangalow if coordinators are available to host it.  The alternative location is Ocean Shores. This will be discussed and determined by the Australia Day 2018 PRG at its first meeting.

 

Financial Implications

 

Finalisation of Australia Day 2017 PRG

 

An amount of $13,200 was provided for Australia Day arrangements in the 2016-2017 Budget with expenses totalling approximately $11,010 being incurred. 

 

Commencement of Australia Day 2018 PRG

 

The draft 2017-2018 Budget has an allocation of $13,400 for the purpose of Australia Day 2018. This funding is proposed to be used to provide activities throughout the shire as informed by the coordination of previous years with any opportunities for improvement identified and implemented.

 

Statutory and Policy Compliance Implications

 

Finalisation of the Australia Day 2017 PRG

 

In Council’s Delivery Program 2013-2017, CM 1.1.6 states ‘Coordinate Australia Day celebrations and resource associated Project Reference Group’.

 

The Constitution for the Australia Day PRG provides six months to complete its objectives.

 

Commencement of Australia Day 2018 PRG

 

The Australia Day PRG will meet in accordance with its adopted Constitution.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           Youth Program Review

Directorate:                 Corporate and Community Services

Report Author:           Sasha Graham, Community Projects Officer (Social Innovation)

File No:                        I2017/259

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

The Community Development team has undertaken a review of youth programs. This report details a new approach that seeks to both address gaps in service provision to young people as well as provide innovative and creative responses to employment, training and mentoring.    

 

RECOMMENDATION:

That Council note the review of youth programs and endorse the Byron Young Innovators Pilot Project, with delivery to start in the 2017/18 financial year

 

 

 

Attachments:

 

1        PDF of E2017 13952  Byron Young Innovators Concept Plan 28 Feb 2017, E2017/17139

 

 


 

Report

 

Council’s Community Strategic Plan 2022 seeks to achieve equitable access to whole of life services and active participation in local and regional life for the community, as well as creating a diverse economic base that acknowledges the need to grow sustainable and innovative industries, particularly in the arts and creative sphere.

 

The Community Development team has undertaken a review of youth projects and programs and has developed a two-tiered approach to maximise the impact of resourcing and investment in young people through:

 

·   innovative and creative responses to employment, training and mentoring

·   traditional community development approaches

 

Innovative Programs for Young People

 

Byron Shire is currently largely reliant on the visitor economy to sustain jobs and employment, and there is a significant multiplier effect throughout the economy from this industry sector. The opportunities for the Byron Shire to generate employment and create work over the next 10 years will come from strengthening the localisation of employment and fostering innovation across all business and industry sectors.

 

Byron Shire employment data shows trends of high casual employment and lower income levels. Statistics also show a high level of under employment and high youth unemployment. People aged 15-24 years are particularly impacted with an unemployment rate of 16.3% in the Shire. Compared to the national average, Northern NSW experiences a lower workforce participation rate; higher unemployment rate; lower average wages and a lower engagement in tertiary study (2011 Census) in this age group. This paradigm will lead to challenges in affordable housing and health and wellbeing for local residents.

 

Building on previous initiatives such as the Byron Youth Commitment that sought to address the need for training and employment, improving career outcomes for the next generation is a key area of focus for the Community Development branch to ensure young locals can thrive in a new world of work.

 

Evidence indicates that successful place-based approaches to social issues facilitate community participation and leadership. A key challenge for the community is to provide meaningful opportunities for young people to access programs and experiences that nurture innovation and entrepreneurship, and develop skills that are relevant to a changing economy.

 

The Byron Young Innovators Pilot Project (attached) will trial a range of proven program models implemented through selected delivery partners and education providers including TAFE, with the aim of creating a platform for participation, creativity, problem solving and enterprise skills development.

 

The Byron Young Innovators Pilot Project will focus on inclusive, yet adaptive learning programs across a range of youth cohorts in the Byron Shire. The project aims to provide young people with the knowledge and networks to assist their skills development and career prospects in a way that is meaningful and contextually relevant to them. The identified delivery partner programs have been screened for outcomes and impact, as well as experience working with specific youth cohorts. The programs will be evaluated through a social impact measurement framework.

 

The Byron Young Innovators Pilot Project is a low-cost/low risk offering that will test the scalability and adaptability of programs in creating desired community outcomes. Four pilot strategies are proposed (see attachment) that will target the following cohorts;

1.  School students aged 9-12

2.  Young people at risk of disengaging from school or training aged 15-18

3.  Emerging social entrepreneurs under 40

4.  Students from TAFE and Southern Cross University 18-25 years

 

The initiatives proposed through this program are consistent with and will assist the delivery of the Byron Shire Economic Development Strategy - Enterprising Byron 2025 Flagship Programs 7 & 2:

 

• Accelerate industry workforce development, skill and training

• Nurture entrepreneurship and innovation in work creation

 

The implementation of Enterprising Byron 2025 will require continued engagement and the development of partnerships and collaboration such as this to achieve its key strategy outcomes to address the future needs of our area.

 

Community Development Programs

 

The Community Development team will continue to work with the sector to develop collaborative partnerships and identify support networks that address systemic social issues affecting young people including housing, employment, education, transport and health. This includes supporting and enabling youth organisations and community groups to provide relevant and meaningful services and activities to young people, and continued high level advocacy with State and Federal agencies for improved service provision. 

 

Further, continued targeted programs of support for young people include:

 

· Small Change grants program – youth driven projects that meet needs of young people.

· Street Cruise – annual harm minimisation program for vulnerable young people.

· Youth Week - partnerships and engagement to celebrate young people.

 

Council acknowledges the need to improve consultation with young people in relation to its planning and resourcing to ensure young people’s ideas, aspirations and energy are represented in all decision making. Council’s engagement processes through strategic and master planning will assist to determine ongoing key priority areas for young people. 

 

Financial Implications

 

The Byron Young Innovators Pilot Project and community development programs will be funded through the existing community development budget, grants and collaborative partnership arrangements.

 

Statutory and Policy Compliance Implications

 

Nil.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Council Investments February 2017

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2017/267

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the month of February 2017 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 28 February 2017 be noted.

 

 

 

 


 

Report

 

In relation to the investment portfolio for the month of February 2017, Council has continued to maintain a diversified portfolio of investments.  The average 90 day bank bill rate (BBSW) for the month of February was 1.78%.  Council’s performance to 28 February is 2.71%.  Councils’ performance is again higher than the benchmark.  This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits

 

The table below identifies the investments held by Council as at 28 February 2017:

 

Schedule of Investments held as at 28 February 2017

 

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

2.94%

1,003,730.00

28/10/16

650,000

TEACHERS MUTUAL BANK

N

BBB+

28/10/19

FRN

3.17%

650,000.00

06/01/17

2,000,000

NAB

P

AA-

18/04/17

TD

2.63%

2,000,000.00

04/11/16

2,000,000

NAB

N

AA-

03/03/17

TD

2.73%

2,000,000.00

05/12/16

2,000,000

BANKWEST

P

A1+

06/03/17

TD

2.60%

2,000,000.00

12/01/17

2,000,000

NAB

N

AA-

12/04/17

TD

2.61%

2,000,000.00

22/02/17

2,000,000

NAB

N

AA-

12/07/17

TD

2.56%

2,000,000.00

02/12/16

2,000,000

NAB

N

AA-

07/04/17

TD

2.71%

2,000,000.00

04/01/17

1,000,000

NAB

N

AA-

04/04/17

TD

2.64%

1,000,000.00

07/11/16

1,000,000

NAB

N

AA-

06/03/17

TD

2.74%

1,000,000.00

05/12/16

2,000,000

NAB

N

AA-

03/04/17

TD

2.71%

2,000,000.00

04/01/17

3,000,000

ME BANK

P

BBB

04/05/17

TD

2.75%

3,000,000.00

05/12/16

2,000,000

NAB

N

AA-

06/03/17

TD

2.70%

2,000,000.00

17/11/16

2,000,000

NAB

N

AA-

29/03/17

TD

2.74%

2,000,000.00

22/02/17

2,000,000

NAB

N

AA-

12/07/17

TD

2.57%

2,000,000.00

28/11/16

2,000,000

AMP BANK

P

A

29/05/17

TD

2.70%

2,000,000.00

01/12/16

2,000,000

NAB

N

AA-

02/03/17

TD

2.70%

2,000,000.00

03/01/17

2,000,000

NAB

N

AA-

03/04/17

TD

2.65%

2,000,000.00

06/01/17

2,000,000

BANK OF QUEENSLAND

P

A2

06/04/17

TD

2.50%

2,000,000.00

01/02/17

2,000,000

POLICE CREDIT UNION

P

NR

02/08/17

TD

2.70%

2,000,000.00

05/12/16

2,000,000

ME BANK

N

BBB

05/04/17

TD

2.75%

2,000,000.00

01/12/16

2,000,000

BEYOND BANK

P

A2

01/06/17

TD

2.85%

2,000,000.00

01/02/17

2,000,000

BEYOND BANK

N

A2

10/05/17

TD

2.65%

2,000,000.00

07/12/16

2,000,000

ME BANK

N

BBB

07/04/17

TD

2.75%

2,000,000.00

08/12/16

2,000,000

ME BANK

N

BBB

08/03/17

TD

2.65%

2,000,000.00

14/11/16

2,000,000

ME BANK

N

BBB

22/03/17

TD

2.65%

2,000,000.00

28/02/17

2,000,000

BEYOND BANK

N

A2

21/06/17

TD

2.65%

2,000,000.00

04/01/17

3,000,000

BANK OF QUEENSLAND

N

A2

04/07/17

TD

2.75%

3,000,000.00

04/01/17

1,000,000

BANANACOAST CU

P

NR

04/07/17

TD

2.75%

1,000,000.00

08/12/16

2,000,000

NAB

N

AA-

08/03/17

TD

2.67%

2,000,000.00

18/08/16

2,000,000

AMP BANK

N

A

16/03/17

TD

2.95%

2,000,000.00

02/12/16

2,000,000

NAB

N

AA-

10/03/17

TD

2.70%

2,000,000.00

27/01/17

2,000,000

ME BANK

N

BBB

27/04/17

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

04/01/17

2,000,000

BEYOND BANK

N

A2

04/07/17

TD

2.75%

2,000,000.00

16/12/16

1,500,000

AUSWIDE BANK LTD

P

A2

28/06/17

TD

2.80%

1,500,000.00

12/12/16

1,000,000

AUSWIDE BANK LTD

N

A2

13/06/17

TD

2.80%

1,000,000.00

17/11/16

1,500,000

ME BANK

N

BBB

22/03/17

TD

2.75%

1,500,000.00

16/12/16

1,000,000

POLICE CREDIT UNION

N

NR

05/07/17

TD

2.87%

1,000,000.00

20/01/17

1,000,000

AMP BANK

N

A

19/7/17

TD

2.80%

1,000,000.00

20/01/17

1,000,000

BANK OF QUEENSLAND

N

A2

26/7/17

TD

2.80%

1,000,000.00

03/02/17

1,000,000

MYSTATE BANK

N

NR

09/08/17

TD

2.75%

1,000,000.00

14/02/17

2,000,000

ME BANK

N

BBB

17/05/17

TD

2.60%

2,000,000.00

16/02/17

1,000,000

BANK OF QUEENSLAND

N

A

15/08/17

TD

2.70%

1,000,000.00

21/02/17

1,000,000

BEYOND BANK

N

A2

24/05/17

TD

2.65%

1,000,000.00

N/A

1,649,309

CBA BUSINESS ONLINE SAVER

N

A

N/A

CALL

1.40%

1,649,309.47

Total

79,799,309

 

 

 

 

AVG

2.71%

79,823,039.47

 

Note 1.

CP = Capital protection on maturity

 

N = No Capital Protection

 

Y = Fully covered by Government Guarantee

 

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

 

Note 2.

Type

Description

 

 

FRN

Floating Rate Note

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

 

TD

Term Deposit

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

 

CALL

Call Account

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

 

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

 

For the month of February 2017, 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 January 2017, and is demonstrating a cumulative unrealised gain of $23,730.

 

Dissection of Council Investment Portfolio as at 28 February 2017

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

76,000,000.00

Term Deposits

76,000,000.00

0.00

1,650,000.00

Floating Rate Note

1,653,730.00

3,730.00

1,649,309.47

Business On-Line Saver (At Call)

1,649,309.47

0.00

500,000.00

Bonds

520,000.00

20,000.00

79,799,309.47

 

79,823,039.47

23,730.00

 

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 month of February 2017 on a current market value basis. 

 

Movement in Investment Portfolio – 1 to 28 February 2017

 

Item

Current Market  Value (at end of month) $

Opening Balance at 31 January 2017

80,519,943.02

Add: New Investments Purchased

15,000,000.00

Add: Call Account Additions

4,000,000.00

Add: Interest from Call Account

3,096.45

Less: Investments Matured

15,000,000.00

Less: Call Account Redemption

4,700,000.00

Add: Fair Value Movement for period

0.00

Closing Balance at 28 February 2017

79,823,039.47

 

Investments Maturities and Returns – 1 to 28 February 2017

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

2,000,000.00

Police Credit Union

TD

01/02/17

184

2.85%

28,734.25

2,000,000.00

Beyond Bank Australia

TD

01/02/17

90

2.65%

13,068.49

2,000,000.00

NAB

TD

03/02/17

122

2.68%

17,915.62

1,000,000.00

Banana Coast Credit Union

TD

03/02/17

122

2.75%

9,191.78

2,000,000.00

ME Bank

TD

09/02/17

92

2.65%

13,358.90

2,000,000.00

NAB

TD

22/02/17

91

2.72%

13,562.74

2,000,000.00

NAB

TD

22/02/17

90

2.74%

13,512.33

2,000,000.00

Beyond Bank Australia

TD

28/02/17

91

2.65%

13,213.70

15,000,000.00

 

 

 

 

 

122,557.81

         

The overall ‘cash position’ of Council is not only measured by what funds Council has invested but also by what funds Council has retained in its consolidated fund or bank account as well for operational purposes. In this regard, for the month of January 2017 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 28 February 2017

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

76,000,000.00

76,000,000.00

0.00

Floating Rate Note

1,650,000.00

1,653,730.00

3,730.00

Business On-Line Saver (At Call)

1,649,309.47

1,649,309.47

0.00

Bonds

500,000.00

520,000.00

20,000.00

Total Investment Portfolio

79,799,309.47

79,823,039.47

23,730.00

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

2,937,376.68

2,937,376.68

          0.00

Total Cash at Bank

2,937,376.68

2,937,376.68

          0.00

 

 

 

 

Total Cash Position

82,736,686.15

82,760,416.15

23,730.00

 

 

 

 

 

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 - Sustainable Environment and Economy                                   13.6

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.6           PLANNING - 10.2016.708.1 Alterations and Additions to Existing Dwelling and New Swimming Pool Border Street Byron Bay

Directorate:                 Sustainable Environment and Economy

Report Author:           Clyde Treadwell, Planner

File No:                        I2017/303

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

 

Proposal description:

Alterations and Additions to Existing Dwelling and New Swimming Pool

Property description:

LOT: 15 SEC: 1 DP: 1623, LOT: 16 SEC: 1 DP: 1623, LOT: 17 SEC: 1 DP: 1623, LOT: 18 SEC: 1 DP: 1623, LOT: 19 SEC: 1 DP: 1623, LOT: 20 SEC: 1 DP: 1623, LOT: 21 SEC: 1 DP: 1623, LOT: 22 SEC: 1 DP: 1623, LOT: 23 SEC: 1 DP: 1623, LOT: 24 SEC: 1 DP: 1623, LOT: 25 SEC: 1 DP: 1623

Border Street BYRON BAY

Parcel No/s:

111170, 111180, 111190, 111200, 111210, 111220, 111230, 111240, 111250, 111260, 111270

Applicant:

Mr G R Norman

Owner:

Mr G R Norman

Zoning:

DM Deferred Matter - Byron LEP 2014

7(f 2) Urban Coastal Zone (f2) Zone - Byron LEP 1988

Date received:

27 October 2016

Integrated Development:

No

Public notification or exhibition:

Level 0 under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

 

Exhibition period: Not required

 

Other approvals (S68/138):

Not applicable

Planning Review Committee:

Not applicable

Delegation to determination:

Given the inherent sensitivities of the location adjacent Belongil Beach, the potential implications from a coastal erosion impact perspective, current policy and plan considerations, this application is referred to Council for determination.

Issues:

·    Implications of Erosion Precinct 1

·    Acid Sulfate Soils

·    Allotment consolidation

·    HEV

·    Marine Park

 

 

 

 

 

 

Summary:

 

The proposal is for alterations and additions to an existing dwelling house and to build a new swimming pool on land identified as having the coastal erosion hazard of Precinct 1.

 

The proposed additions and alterations to the dwelling-house and swimming pool are permissible under the Byron Local Environmental Plan 1988. The dwelling house can have additions and alterations if it is in accordance with J2.1 of Byron Development Control Plan 2010.

 

The dwelling-house has been designed to reflect the setting and the newer sections are to be modular or sacrificial and located away from the erosion escarpment that affects the site and to minimise the risk to the new parts of the dwelling while focusing on an alignment to the aspect, vegetation and the context of the site.

 

The application addresses the relevant provisions of Part J 2.1 of DCP 2010 that apply to the applications for extensions or alterations to existing buildings.

 

The proposed development complies with the provisions of Part J 2.1 as it only proposes sacrificial works within 20m of the erosion escarpment and proposes additions that are modular to be construction as specified in either the Performance Criteria or the Prescriptive Measures of the Byron Shire DCP 2010.

 

The proposal also complies with the provisions of SEPP 71 and the Byron Shire Council’s draft Coastal Zone Management Plan.

 

Allotment consolidation, sought in the application, is proposed to be included as a condition of consent.

 

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 80 of the Environmental Planning & Assessment Act 1979, development application 10.2016.708.1 for Alterations and Additions to Existing Dwelling and New Swimming Pool, be granted consent subject to the conditions of approval listed in Attachment 2 #E2017/15928.

 

Attachments:

 

1        Proposed Plans 10.2016.708.1 alterations and additions to dwelling Border Street Byron Bay, E2017/15924

2        Conditions of consent 10.2016.708.1 Border Street Byron Bay, E2017/15928

 

 


Assessment:

 

1.         INTRODUCTION

 

1.1.          History/Background

 

The following applications apply to the site:-

 

·    BA 70/2053 Dwelling - Approved 15/10/1970.

·    BA 73/2013 Additions - Approved 15/02/1973.

·    BA 79/2238 Alteration - Approved 04/09/1979.

·    BA 79/2239 Alteration - Approved 04/09/1979.

·    BA 79/2240 Alteration - Approved 04/09/1979.

·    BA 87/2458 Dwelling – Approved 25/09/1987.

·    005.1992.00000290.001 – DA Dwelling additions – Approved 18/09/1992

·    006.1992.00002369.001 – BA - Addition/Alteration Dwelling – Approved 24/12/1992

 

The existing dwelling reflects the works carried out in accordance with the consents.

 

1.2.          Description of the proposed development

 

This application seeks approval for Alterations and Additions to Existing Dwelling and New Swimming Pool.

 

 

 

 

1.3.          Description of the site

 

Land is legally described as: LOT: 15 SEC: 1 DP: 1623, LOT: 16 SEC: 1 DP: 1623, LOT: 17 SEC: 1 DP: 1623, LOT: 18 SEC: 1 DP: 1623, LOT: 19 SEC: 1 DP: 1623, LOT: 20 SEC: 1 DP: 1623, LOT: 21 SEC: 1 DP: 1623, LOT: 22 SEC: 1 DP: 1623, LOT: 23 SEC: 1 DP: 1623, LOT: 24 SEC: 1 DP: 1623, LOT: 25 SEC: 1 DP: 1623.

Property address is Border Street BYRON BAY

Land is Zoned: DM Deferred Matter - 7(f 2) Urban Coastal Zone (f2) Zone under Byron LEP 1988

Land area is: 6,474.32 m2

Property is constrained by:

 

·   Dip site buffer;

·   Acid Sulfate Soils

·   Erosion Precinct 1

·   HEV – Littoral Rainforest

 

2.         SUMMARY OF REFERRALS

 

Referral

Issue

Environmental Health Officer*

No objections subject to conditions.

S64 / Systems Planning Officer

No objections subject to conditions.

Ecologist

No objections subject to conditions.

Marine Parks Authority

No objections subject to conditions.

* Conditions provided in the above referral are included in the Recommendation of this Report below

 

Issues:

 

Marine Parks Authority

 

As the site is adjacent to the Cape Byron Marine Park and in close proximity to the Belongil Creek Sanctuary and Special Purpose zones, the Marine Parks Authority seek appropriate conditions on the consent to ensure that the beaches and waters of the marine park are protected from any impacts associated with stormwater runoff during construction or operation of the proposed development.

 

The proposal as presented in the development application does not comply with the policy and would be susceptible to coastal erosion events and not being readily removable possibly subject to collapse and engulfment by the ocean.

 

The Cape Byron Marine Park, when asked to comment on a previous proposal, raised the issue of impacts of artificial lighting on turtles that may nest on the adjoining beach front (see DM1243936). The Authority recommend a condition requiring that lighting from the development does not spill onto the beach as light spill on beaches can disorientate female turtles coming ashore to lay eggs during the summer. This is supported although it is noted that the existing littoral rainforest to be retained is likely to provide a sufficient screen to prevent light spill onto the beach. Furthermore, restoration of the existing cleared pathway to the beachfront to littoral rainforest will further buffer any lighting issues over the longer term.

 

Acid Sulfate Soils

 

The proposed development is not impacted by Acid Sulfate Soils as only a small part of the site is identified on Council’s mapping system as being subject to Class 5 Acid Sulfate Soils. The proposed development is not located on the areas so identified.

 

Dip Site

 

A dip site has been identified on land in the vicinity of the subject site. The Dip site is over 150 metres from the proposed development and is unlikely to be impacted by the former dip site. A Geotechnical report accompanied the development application and this concluded from sampling undertaken that:

 

i)   All samples tested no analytes exceeded the adopted assessment criteria for residential development.

 

Ecological Assessment

 

Consideration

Yes

No

Comment

High Conservation Value

X

 

Littoral rainforest

Mapped Vegetation

X

 

Rainforest

Wildlife Corridor

 

X

 

Mapped Threatened Fauna Habitat

 

X

 

Mapped Koala Habitat

 

X

 

Threatened Fauna Records

 

X

Habitat exists for greater broad-nosed bat and little bent wing bat recorded within 1km

Threatened Flora Records

 

X

Cryptocarya foetida and Archidendron hendersonii occur on the proposed development site

SEPP 14 (Wetlands)

 

X

 

SEPP 26 (Littoral Rainforest)

 

X

 

SEPP 44 (Koala Protection)

 

X

 

SEPP 71 (Coastal Protection)

X

 

 

Flooding (1 in 100 year)

 

X

 

Bush Fire Category

 

X

 

Acid Sulphate Soils

X

 

ASS Class 5

EcoWetlands

 

X

 

Key Fish Habitats

 

X

 

National Parks/Nature Reserves

 

X

 

Adjoins Cape Byron Marine Park

X

 

 

 

Site values

 

A Flora and Fauna Assessment was prepared by Peter Parker Environmental Consultants for this development. Council’s ecologist has inspected the site with the applicant and applicant’s ecologist in association with this application with particular regard to proposed tree removal in an area mapped by Council as Littoral Rainforest. The inspections confirmed the high conservation value of the site including the presence of the endangered ecological community and threatened species; however, the north-eastern section of the lot contains exotic and planted species and this part of the lot is incorrectly mapped as Littoral rainforest.

 

Littoral Rainforest in the NSW North Coast, Sydney Basin and South East Corner Bioregions, an endangered ecological community (EEC) under the Threatened Species Conservation Act 1995 occurs on the subject site and adjoining land. The community covers approximately 1ha in area between the Belongil Beach escarpment and Border Street. The vegetation is highly representative of the endangered ecological community and represents some of the most mature and intact littoral rainforest in the shire. A number of threatened species are also present within the community including numerous stinking laurels (Cryptocarya foetida) and a number of veiny lace flower (Archidendron hendersonii). As the community is greater than 0.1ha in area it is also protected as a critically endangered ecological community under Commonwealth legislation, the Environment Protection and Biodiversity Conservation Act 1999.

 

Potential impacts of the proposal

 

The on-site inspection revealed that removal of vegetation of conservation significance has been kept to a minimum, however the proposal will require removal of six small trees and appears to require lopping of one branch of a large Tuckeroo within a patch of the mature littoral rainforest (as the development footprint lies within the drip line or canopy of the rainforest). Although excavation and filling should not cause problems because the module will be piered, parts of the proposed dwelling (Module 2) will occur within the drip line of the EEC and puts vegetation along the edges of the development at risk of removal. It is highly likely that tree lopping will be required and as vegetation is at some points approximately 2 – 3m from the proposed structures may not be protected by Council’s Tree Preservation Order (Clause 52 BLEP 1988). Furthermore, with the development in close proximity to the littoral rainforest there is the risk of vegetation being deemed to pose a danger to infrastructure and occupants.

 

A cluster of threatened species occur in littoral rainforest on the site. These areas are to be retained although a number of the dwelling modules lie in close proximity to the tree canopy line or drip line of the EEC. Furthermore the development poses the risk of occupational impacts on the EEC resulting from encroachment, edge effects and other incursions. Such impacts include increased lighting and noise, increased risk of bird collisions with windows, trampling of vegetation, underscrubbing, likely formation of new access tracks to the beach through littoral rainforest and degradation of the community through potential removal of dead wood and other habitat features. Fencing of the site boundary will also impact on fauna movement if fauna friendly fencing is not used. A restriction on user is recommended and impact mitigating measures such as fencing types should be detailed in the Biodiversity Conservation Management Plan.

 

Impact mitigation

 

No clear information has been provided with the application demonstrating how the littoral rainforest will be conserved and how threats associated with development and increased occupation of the site will be managed. It is recommended that a management plan be required as a condition of consent as a means of ensuring ongoing conservation of the EEC and ecological processes that sustain the community and to offset foreseeable impacts from occupation.

 

It is also recommended that a restriction on use of the land mapped as littoral rainforest be created in accordance with Section 88B of the Conveyancing Act 1919. This would provide greater protection from degradation for the littoral rainforest beyond a Vegetation or Biodiversity Conservation Management Plan over the longer-term and ensure management is continued in perpetuity. While it is acknowledged that existing legislation and policies provide some protection to the EEC (i.e. Threatened Species Conservation Act 1995 and Council’s Tree Preservation Order) certain activities that are likely to adversely affect the community are not prevented by existing statutes. For example, the planting of certain flora species, the keeping of certain animals and other matters are best prevented through a restriction on the title of the land.

 

State Environmental Planning Policies

 

SEPP 14 – Wetlands, SEPP 26 – Littoral Rainforest and SEPP 44 – Koala Habitat Protection do not apply to the land the subject of this development application. The site does not contain areas mapped as SEPP 14 or SEPP 26. The site is less than 1ha so SEPP 44 does not apply. SEPP 71 – Coastal Protection does apply.

 

Recommendations

 

Council’s ecologist supports the proposal subject to conditions.

 

3.         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 not bush fire prone land.

 

4.         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.

 

4.1       State Environmental Planning Instruments

 

 

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy No 71—Coastal Protection

Consideration:

 

The relevant aims of the SEPP:

2. Aims of Policy

(1)This Policy aims:

(l) to encourage a strategic approach to coastal management. -

 

The proposal is consistent with the Aims of the SEPP as approval of the development will not compromise Council’s strategic approach to development on coastal lands because the development

 

ii)         is consistent with Objectives (b) and (c) of the Land Use Zone as contained in the Byron LEP 1988.

iii)        complies with the provisions of Council’s development controls as contained in the Byron DCP 2010

 

The relevant matters for consideration of the SEPP:

 

8. Matters for consideration

The matters for consideration are the following:

(a) the aims of this Policy set out in clause 2,

 

As demonstrated above the development will not compromise Council’s strategic approach to development on coastal lands because the development complies with Council’s LEP 1988 objectives and the development controls contained in the Byron DCP 2010

 

(d) the suitability of development given its type, location and design and its relationship with the surrounding area,

 

The erection of the modular structures and the pool outside the adopted 20 metre Beach Escarpment Line is appropriate given the likelihood of coastal erosion in this locality. The areas of the existing dwelling where additions/alterations are proposed will either reduce the footprint likely to be impacted or make the additions/alterations removable in sections or sacrificial.

 

(j) the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards,

 

Given the site is in the immediate impact zone and is therefore likely to be subject to coastal erosion at any time only buildings capable of swift removal should be considered at the location – this is included in the proposal.

 

SEPP 71 Clause 8 lists the matters for consideration when determining a development application on land to which SEPP 71 applies. The proposal does not involve the removal or direct disturbance of high conservation value vegetation and proposes some littoral rainforest planting in the cleared area of the site. The proponents have been advised that a mix of planting and restoration would be expected and have agreed to this approach.

 

The proposal therefore provides the necessary measures to conserve animals and plants (within the meaning of the Threatened Species Conservation Act 1995) and their habitats (SEPP 71 Clause 8(g) refers). The site does not contain mapped wildlife corridors and any connectivity values of the adjoining littoral rainforest are unlikely to be impacted by this proposal (SEPP 71 Clause 8(i) refers). However, the proposal includes construction within the drip line of the littoral rainforest and direct impacts on the rainforest edge are anticipated as indicated earlier.

 

Other issues for consideration are that before granting consent to development on land affected or likely to be affected by coastal processes, the council should require as a condition of development consent that disturbed foreshore areas be rehabilitated. It is noted that a number of exotic species and some environmental weeds have been planted or encroached into the edges of rainforest. Control, removal and on-going weed control is required particularly along the edges of the remnant and around the dwelling components. These areas should be rehabilitated to offset development impacts described above with specific actions detailed in a Biodiversity Conservation Management Plan required as a condition of consent. This will provide guidance on the conservation and enhancement of the littoral rainforest community at the site.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Consideration: This SEPP applies to the proposal as it is residential in nature. The application is accompanied by a BASIX certificate NoA258745 for the additions and alterations, dated 13 September 2016. This certificate indicates that the proposed works meet the requirements for sustainability.

 

4.2A  Byron Local Environmental Plan 2014 (LEP 2014)

 

LEP 2014 is not an applicable matter for consideration in the assessment of the subject development application.

 

4.2B  Byron Local Environmental Plan 1988 (LEP 1988)

 

Part 1

1| 2| 2A| 3| 4| 5| LEP 1988 Dictionary| 7

Part 2

8| 9

Part 3

10| 11| 11A| 11B| 12| 13| 14| 15| 16| 17| 17A| 17B| 18| 19| 22| 22| 23| 24| 25| 27| 29| 29AA| 29A| 30| 31| 32| 33| 34| 35| 36| 37| 38| 38A| 38B| 39| 39A| 39B| 39C| 40| 41| 42| 43| 44| 45| 46| 47| 47AA| 47A| 48| 49| 51| 52| 53| 54| 55| 56| 57| 58| 59| 60| 61| 62| 63| 64

Part 4

| 65| 66| 67| 68| 69| 70| 71| 72| 73| 74| 75| 76| 77| 78| 79| 80| 81| 82| 83| 84| 85| 86| 87| 88| 89| 90| 91| 92| 93| 94| 95|

96| 97| 98| 99| 100| 101

 

In accordance with LEP 1988 clauses 5, 8 and 9:

(a)     The proposed development is defined in the LEP 1988 Dictionary as dwelling house and swimming pool;

(b)     The land is within the 7(f 2) Urban Coastal Zone (f2) Zone according to the map under LEP 1988;

(c)     The proposed development is permitted with consent; and

(d)     The proposed development is consistent with the relevant objectives of the Zone for the following reasons:

 

Zone Objective

Consideration

a)   to identify urban land likely to be influenced by coastal processes.

The subject land is identified in Council’s mapping as being influenced or subject to coastal processes.

c) to permit urban development within the zone subject to the council having due consideration to :

    i) the need to relocate buildings in the long term;

    ii) the need for development consent to be limited to a particular period;

    iii) the form. Bulk, intensity and nature of the development, and

    iv) continued safe public access to the site.

The proposal is readily relocatable or sacrificial should a coastal process event occur that causes substantial erosion in a short timeframe.

 

The LEP 1988 does not take into account more recent evidence based information such as the Escarpment Layer - Belongil Escarpment May 2011 that places the potential erosion hazard as close as 6.7 metres from the dwelling house.

 

The remaining underlined 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 1988 (in some cases subject to conditions and/or to the satisfaction of other assessing officers).

 

Byron LEP 1988

 

Part 2A(1) of the Byron LEP 1988 requires that council only grant consent to the carrying out of development where Council is of the opinion that the carrying out of the development is consistent with the aims, objectives and guiding principles of the Byron LEP 1988.

 

The proposal is considered to be consistent with Clause 2(1)(d) of the Byron LEP 1988 ‘the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities and their habitats’. The development is unlikely to adversely affect the endangered ecological community and threatened flora species on and adjacent to the site as long as strict controls are in place preventing the removal of any vegetation beyond what is proposed. Conditions are required to prevent impacts during construction and a restriction on the title of the land preventing certain activities in the EEC.

 

The land the subject of this application is zoned 7(f2) Urban Coastal Land under the Byron LEP 1988. The objectives of the zone include, among other things, (c) to permit urban development within the zone subject to the council having due consideration to: (iii) the form, bulk, intensity and nature of the development. The bulk and intensity of the development is considered satisfactory considering the proposal is to amalgamate 12 lots into one which provides some dispensation for the otherwise increased development footprint.

 

The proposal is largely consistent with the objectives and principles of the Byron Shire Biodiversity Conservation Strategy 2004 as it identifies and implements appropriate management over High Conservation Value vegetation, improves the condition of ecosystems through weed control and generally conserves HCV in-situ. It may also increase the extent of native vegetation through the proposed restoration works.

 

Section 79C(b)

 

The likely impacts of the development on the natural environment have been in part, considered through the flora and fauna assessment prepared by Peter Parker Environmental Consultants. The focus of that report was on considering the direct impacts on threatened species and the endangered ecological community including the removal of two trees and lopping of two others. The indirect impacts associated with occupation of the site were not considered in Parker’s report nor are the threats to the littoral rainforest. Despite these oversights I am comfortable that the development is unlikely to result in unacceptable impacts on the natural environment. This needs to be assured through on-going management of the littoral rainforest the specifics of which need to be detailed in a Biodiversity Conservation Management Plan required as a condition of consent and a restriction on title are in place preventing certain activities within the littoral rainforest EEC.

 

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

 

Draft SEPP (Coastal Management) 2016

 

The Draft Coastal Management State Environmental Planning Policy (SEPP) proposes to establish a new, strategic land use planning framework for coastal management. It is intended to support the implementation of the management objectives set out in the Coastal Management Act 2016.

Once adopted, the Coastal Management SEPP will be the single land use planning policy for coastal development and will bring together and modernise provisions from SEPP 14 (Coastal Wetlands), SEPP 26 (Littoral Rainforests) and SEPP 71 (Coastal Protection).

The aim of the Draft SEPP is to promote an integrated and co-ordinated approach to planning in the ‘Coastal Zone’, identifying four coastal management areas:

·   coastal wetlands and littoral rainforests area

·   coastal environment area;

·   coastal use area; and

·   coastal vulnerability area.

The southern part of the subject site is mapped within the coastal environment area. The whole of the site is mapped as being within the coastal use area and within the coastal hazard area – which would equate to the coastal vulnerability area.

 

The subject site is also mapped within the ‘coastal use area’.

 

The draft provisions for consideration of development within these areas generally reflect the existing matters for consideration currently outlined in SEPP 71 and have been assessed in the determination of DA 10.2016.708.1.

 

The subject site falls within a ‘coastal vulnerability area’ and it is identified within the ‘Coastal Erosion Hazard Area’ on the Byron Bay Coastal Hazards Map (Byron DCP 2014), accordingly there is a need to consider or assess this draft SEPP further. This is achieved in general terms throughout this report.

 

4.4A  Byron Shire Development Control Plan 2014 (DCP 2014)

 

DCP 2014 is not an applicable matter for consideration in the assessment of the subject development application.

 

4.4B  Byron Shire Development Control Plan 2010 (DCP 2010)

 

DCP 2010 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP& A Act because its purpose is to provide planning strategies and controls for various types of development permissible in accordance with LEP 1988. The DCP 2010 Chapters/Parts that are checked below are of relevance to the proposed development:

 

Chapter 1 Parts:

A| B| C| D| E| F| G| H| J| K| L| N

Chapters:

4| 6| 7| 8| 9| 10| 11| 12| 14| 15| 16| 17| 18| 19| 20| 21| 22

 

These underlined Chapters/Parts 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 DCP 2010 (in some cases subject to conditions and/or to the satisfaction of other assessing officers).

 

Erosion Precinct 1

 

While there were no specific referrals made in regard to the Erosion Precinct 1, guidance on this application was sought from Council’s Coastal and Estuaries Officer (CCO) in regard to the applicable planning layers and the proposed development.

 

The CCO indicated that in considering the DA the most appropriate Beach Escarpment Layer to use was the most recent being the May 2011 layer. The CCO indicated that:

 

On 10 May 2011 Canty’s surveyors were engaged by BSC to survey the escarpment line using the following definition: “the recent upper landward limit of erosion, identifiable as the most recently cut face in the dunal system and/or land adjacent to erosion protection structures and works”. The BSC (May 2011) Belongil escarpment line was created by merging the DECCW 2010 escarpment line and the Canty’s Belongil escarpment line May 2011 to represent the most landward limit of erosion as at May 2011”.

 

It should be noted that the proposed modular structures and proposed pool are located greater than 20 metres from this Beach Escarpment Line.

 

As part of the proposal, being the additions and alterations to the existing dwelling are located as close as 6.7 metres from the Beach Escarpment Line, it is paramount that the proposal accords with the Council’s Policy of being either of modular construction (so that it is readily removable in high/extreme coastal erosion events) or sacrificial.

 

Accordingly, the proposal seeks to remove the stairs to the sacrificial deck area on the north eastern façade of the dwelling as well as removing part of the current living area (a reduction of the living room by about 2.1 metres further away from the Beach Escarpment line).

 

A new deck area is proposed to the west of the existing dwelling, to be located partially within 20 metres of the beach escarpment line and will be constructed in removable sections and /or will be sacrificial in high/extreme coastal erosion events.

 

DCP 2010 J2.1.1

 

The location of the proposed additional modular structures and pool complies with the 20 m setback to the identified erosion escarpment.

 

DCP 2010 J2.1.2

 

The additions to the dwelling will be modular, single storey and have a minimal floor area.

 

DCP 2010 J2.1.3

 

The proposal complies as it is for readily relocatable modular dwelling additions and sacrificial elements.

 

DCP 2010 J2.1.4

 

The proposal is modular, however, it is for more than 3 modules in total. On a typical residential allotment (of less than 1000m2) a total of 3 modules that can be relocated within the site as a retreat from coastal erosion is reasonable. Given the subject site is not a typical residential allotment as it is comprised of some 11 individual allotments that have a total area of over 6,400m2 it is therefore reasonable to allow 3 additional modules (a total of 6 modules) that can readily be relocated within the site or offsite.

 

As a component of the application consolidation of the 11 allotments will be required, thus ensuring ongoing available space for the relocation of the modules should this be required in a high or severe erosion event.

 

The modular components comply with the specifications established in points a), b) or c) of this prescriptive measure.

 

DCP 2010 J2.1.5

 

As the proposal is modular, it is able to be removed or relocated to a safe location on site from its current location within a 12 hour period. The application also demonstrates a removal route for the proposed modular components of the dwelling.

 

DCP 2010 J2.1.6 & J2.1.7

 

It is expected that the necessary “equipment” to effect relocation of the modules would be able to be stored on site in accordance with this requirement and that this equipment will satisfy Clause 6.

 

4.5       Any Planning Agreement or Draft Planning Agreement?

 

 

Yes

No

Is there any applicable planning agreement or draft planning agreement?

Consideration: Not applicable

 

4.6       Environmental Planning & Assessment Regulation 2000 Considerations

iv)  

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

Yes

Yes

Yes

93

No

N/A

N/A

94

Yes

Yes

N/A

94A

No

N/A

N/A

v)    * Non-compliances and any other significant issues discussed below

 

Clause 92

 

The Government’s Coastal Policy applies to the subject site. The proposal complies despite it being potentially susceptible to coastal erosional forces and located within a vulnerable part of the coast with a history of erosion events, appropriate consideration to enabling relocation of modules has been given in the application and these will form conditions of consent.

 

4.7       Any coastal zone management plan?

 

 

Satisfactory

Unsatisfactory

Not applicable

Is there any applicable coastal zone management plan?

Consideration: The Coastal Zone Management Plan Byron Bay Embayment (CZMP) covers the Byron Bay embayment (BBE) which is the coastline that is a beach from south of Tyagarah Nature Reserve to Cape Byron. The BBE is made up of several precincts (from north to south): North Beach; Belongil Beach; Cavvanbah; Main Beach; Clarkes Beach; The Pass; Wategos; and Little Wategos.

The purpose of the CZMP is to describe proposed actions to be implemented by Byron Shire Council, other public authorities and the private sector, to address priority management issues in these precincts. The CZMP provides for a 15 year implementation period, in consideration of current and forecasted coastal hazards and risks for 2050 and 2100 timeframes. 

The CZMP addresses coastal hazard risks and coastal ecosystem health as it pertains to the ‘open coast’ of the Byron Bay Embayment. It does not address coastal hazards specifically relating to estuarine processes such as the coastal inundation risk to the Belongil Estuary or the interaction of tidal waters with catchment floodwaters. These matters are addressed through the floodplain management plan for the Belongil Estuary.

The draft plan features:

§ adaptive seawall with walkway at Belongil Beach

§ upgrade of the Jonson Street protection works and removal of the spur groynes

§ update coastal hazard land use and planning controls

§ dune revegetation and soft dune stabilisation

§ emergency action sub plan Byron Shire Coastline

§ coastal hazard investigation of Lighthouse Road, Captain Cook car park and Marine Parade Wategos Beach

§ monitor coastal processes and impacts on North Beach.

Council, at the 29 June 2016 Extra Ordinary Meeting, resolved (Resolution 16 -326) to amend the draft CZMP and submit it to the Minister under section 55G of the Coastal Protection Act 1979.

The draft CZMP BBE has been updated and sent to the Minister. Council is awaiting the Ministers response.

The proposal accords with the provisions of the draft CZMP as it applies to the Belongil Beach locality.

 

4.8       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

The proposal may be significantly impacted by the natural environment of the locality, given prevailing coastal processes. Appropriate actions/mechanisms are proposed to mediate any potential impact. Given this is the case the application is supported.

Built environment

The proposal will not have a significantly adverse impact on the built environment of the locality.

Social Environment

The proposal will not have a significant social impact on the locality.

Economic impact

The proposal will not have a significant economic impact on the locality.

 

Are there any Council Policies that are applicable to the proposed development?

 

Many of Council’s development-related policies do not apply to the proposed development. Those that are relevant have been considered in this application.

 

4.9       The suitability of the site for the development

 

Issue

Comment

Hazards

-      Coastal Erosion.

This issue has been discussed in detail in section 4.4B of this report.

 

4.10     Submissions made in accordance with this Act or the regulations

 

The development application was not required to be notified.

 

4.11     Public interest

 

In the circumstances the proposed development is not likely to prejudice or compromise the public interest.

 

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

 

Having regard to sections 5A, 5C and 5D of the EP&A Act, while there is a potential impact to effect threatened species, populations or ecological communities, or their habitats as a result of the proposed development because the subject land has HEV rainforest. This species may form an EEC but not be included in the SEPP26 lands as identified by the Department of Planning and Environment.

 

An assessment of significance pursuant to Section 5A of the EP&A Act has been prepared by Peter Parker Environmental Consultants. The assessment considers the impacts on the littoral rainforest endangered ecological community, the two species of threatened flora known to occur at the site and a number of threatened fauna presumed to occur. No systematic fauna assessment has been conducted so the likely impacts on fauna are based on habitat assessment and likely occurrence. The conclusions of the assessment are supported by Council’s ecologist in that the development is unlikely to result in a significant effect on a threatened species or endangered ecological community such that a local population would be put at risk of extinction. In relation to the habitat of a threatened species, population or ecological community, the proposed action is unlikely to result in fragmentation or isolation from other areas of habitat. The action proposed does not constitute or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process.

 

Council’s ecologist has reviewed the application and considered the potential impacts and has provided conditions of consent to reduce any impact on threatened species and has a condition relating to the ongoing management of the Littoral Rainforest reserve by qualified bush regenerators, and reduce the number of replacement plantings required by half.

 

4.13     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.

 

5.         DEVELOPER CONTRIBUTIONS

 

5.1       Water & Sewer Levies

 

The proposed development does not generate additional loading onto Council’s Water, Bulk Water and or Sewer systems beyond the existing ET entitlements.

 

No Section 64 levies will be required.

 

5.2       Section 94 Contributions

 

No Section 94 Contributions will be required.

 

6.         CONCLUSION

 

Given the inherent sensitivities of the location adjacent Belongil Beach, the potential implications from a coastal erosion impact perspective, current policy and plan considerations, this application is referred to Council for determination.

 

The proposal is for alterations and additions to an existing dwelling house and to build a new swimming pool on land identified as having the coastal erosion hazard of Precinct 1.

 

The dwelling house can have additions and alterations if it is in accordance with J2.1 of Byron Development Control Plan 2010. The proposed additions and alterations to the dwelling-house and swimming pool are permissible under the Byron Local Environmental Plan 1988.

 

The dwelling-house has been designed to reflect the setting and the newer sections are to be modular and located away from the erosion escarpment that affects the site and to minimise the risk to the new parts of the dwelling while focusing on an alignment to the aspect, vegetation and the context of the site.

 

The current application addresses the relevant provisions of Part J 2.1 of DCP 2010 that apply to the application are those that relate to extensions or alterations to existing buildings.

 

The proposed development complies with the provisions of Part J 2.1 as it only proposes sacrificial works within 20m of the erosion escarpment and proposes additions that are modular sections to be construction as specified in either the Performance Criteria or the Prescriptive Measures of the Byron Shire DCP 2010.

 

The proposal also complies with the provisions of SEPP 71 and the Byron Shire Council’s draft Coastal Zone Management Plan.

 

Allotment consolidation is to be included as conditions of consent.

 

The proposed development is consistent with the relevant environmental planning instruments and planning controls applicable to the site. The proposal raises no significant issues in terms of environmental impacts which cannot be managed and the site is considered suitable for the development. The application is recommended for approval subject to conditions of consent.

 

7.         RECOMMENDATION

 

It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2016.708.1 for Alterations and Additions to Existing Dwelling and New Swimming Pool, be granted consent subject to conditions listed in Attachment 2 #E2017/12928.

 

8.         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

 

Provide Disclosure Statement register details here: Not applicable

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.7

 

 

Report No. 13.7           Council's Low Carbon Target

Directorate:                 Sustainable Environment and Economy

Report Author:           Kim Mallee, Sustainability Officer

Sandi Middleton, Sustainability Officer

File No:                        I2017/99

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

This report brings together two aspects of Byron Shire Council’s Low Carbon activities and provides:

 

1.  An update on the existing 2014 Low Carbon Strategy actions with their implementation status; and,

2.  The Greenhouse Gas Emissions Status Report for 2014-15 and 2015-16.

 

This report has sought to highlight the significant and positive achievements over recent years to implement a number of wide ranging actions to reduce Council’s emissions. Council is now realising the rewards of committed energy and fuel efficiency actions, improved contract procurement savings and sophisticated data management systems, but will need to continue its commitment to achieve more ambitious targets into the future.                   

 

To this aim, a further report to Council with regard to a ‘Zero Emissions’ Strategy including a revised target and baseline aspiration aligned with Zero Emissions Byron for Council, with options for community consultation is under preparation for reporting to Council later in the year.

 

 

  

 

RECOMMENDATION:

That Council:

 

1.       Note the 2014/15 and 2015/16 greenhouse gas emission status;

 

2.       Note the progress of completed actions from the Low Carbon Strategy.

 

Attachments:

 

1        Low Carbon Strategy - Status update list , E2017/15739

 

 

 


 

Background

 

In February 2011 Byron Shire Council revised its greenhouse gas emissions reduction target and adopted (Resolution 11-11) a new target of a 30% reduction based on 2003/04 levels by 2020.  At this time Council endorsed the creation of an annual greenhouse gas reporting process to effectively monitor and track Council’s progress towards meeting the agreed target.  Emission status reports were completed for the 2010/11 – 2013/14 financial years and reported to Council. The 2014/15 and 2015/16 comparison are reported here.

 

To achieve the 30% reduction target the principle initial strategy adopted in 2011 was the Byron Shire Greenhouse Action Strategy which was superseded by the Byron Shire Low Carbon Strategy (LCS) 2014.  The LCS outlines actions completed and those actions needed to achieve Council’s 30% reduction target by 2020.  An inventory of the status of each action is reported here in Attachment 1.

 

Complimenting the emissions reduction target and the LCS, the Byron Shire Community in conjunction with Council set a 10 year vision for the Byron Shire.  As part of the Byron Shire Council Community Strategic Plan 2022, Byron Shire Council has shown its commitment to creating a low carbon community, as shown in Community Outcome EN3 (Table 1).

Table 1: Excerpt from the Byron Shire Council Community Strategic Plan

EN3

A low carbon community that integrates:

a)   food security

b)   renewable energy

c)   climate change

d)   non-renewable resource constraints, including peak oil and

e)   economic and social prosperity and resilience.

EN3.1     Implement initiatives that address climate change.

EN3.2     Promote water and waste minimisation – avoid, reduce and reuse waste.

EN3.3     Encourage low consumption lifestyles and environmentally aware practices.

EN3.4     Implement initiatives to prepare Council assets for climate change and peak oil impacts.

EN3.5     Promote reduced energy consumption, increased energy efficiency and the local provision of renewable energy.

EN3.6     Support initiatives that enhance socio-economic prosperity and resilience at the local level.

 

PART 1: Low Carbon Strategy Update (LCS)

 

The LCS has the target of reducing Council emissions by 30% from the 2003-2004 levels by 2020 and assisting Council to pursue opportunities for a low carbon, less oil-resilient future. It contains 87 project actions that cover the following areas of carbon, energy efficiency, transport, staff and community engagement, waste, peak oil and water.

 

In 2015/16, 100% of the 35 Year 1 priority actions were completed or in progress. This has resulted in approximately 179 tonnes less emissions for Council for the 2015/16 financial year. The emission saving was coupled with energy procurement efficiencies to deliver a financial saving of $367,500 for the same period.  An inventory of the status of each action is reported here in Attachment 1.

 

These include projects such as the lighting upgrade for the Works Depot. This project had an initial outlay of $23,500 with the payback period being just over two years and the return on investment over the life of the lighting fittings being over $200,000. This has the same impact of removing 9 cars from the road, or the equivalent of energy use in 12 homes over a year.

 

For 2016/17, 57% of Year 2 priority actions have so far been completed or in progress. This includes the installation of the first ever, green powered, regional fast charging station for NSW that can charge any type of car. It is uniquely powered by 100% green power, supplied by community owned energy retailer Enova Energy, and provided free for public use.

 

PART 2: Greenhouse Gas Emission Status Report for 2014-15 and 2015-16

 

The purpose of this report is to provide results of the 2014/15 and 2015/16 financial year greenhouse gas emissions inventory.  This report includes emissions from the use of liquid fuel and electricity in the operation of Council’s buildings, facilities, pumps, fleet and streetlights.  The status report does not include the emissions of the Byron Shire community generally.  Figure 1 shows the proportion mix of Byron Shire Council’s operational emission sectors.

 

 

Figure 1: Proportion mix of emissions

 

When setting the base line for emission reduction in 2003 it was not possible to accurately measure the emissions from the Myocum landfill.  Since the baseline was set a landfill gas flare was installed and the emissions can now be monitored accurately.  Whilst the landfill gas emissions do not form part of the 30% reduction target, a section has been included in this report to document the emissions savings associated from this venture as it is closely related.

 

How the greenhouse gas emissions are measured

 

The greenhouse gas emissions of Council’s operations are monitored by creating inventories of all electricity and liquid fuel use across Council.  This is made possible by the data management services provided by Council’s subscription to “Planet Footprint”.  

 

Planet Footprint collects energy data from Council’s three electricity retailers across 172 accounts to track, clean and collate the data into a usable format. Planet Footprint also provides a service to Council which collects and maintains information on completed actions and fuel use data to ensure the corporate knowledge and monitoring of reduction is maintained over successive staff changes.  The National Greenhouse Account Factors, which are used to calculate carbon emissions, were then applied to the consumption data to convert to tonnes of equivalent carbon dioxide.

 

The three emissions sectors cover the following areas:

 

General Electricity

Streetlight

Fleet

·      Parks

·      Amenities

·      Waste Management

·      Rural Fire Service

·      Water Infrastructure

·      Works Depot

·      Caravan Parks

·      Recreation Facilities

·      Buildings

·      Sewage Infrastructure

·      Streetlights on the unmetered supply contract with Essential Energy. (Does not include Council owned public lighting – this is captured under “Parks”)

·      Diesel

·      Lead Replacement Petrol

·      LPG

·      Premium Unleaded

·      Unleaded Petrol

·      Unleaded with 10% Ethanol

 

 

Emission status by sector

 

General Electricity

 

Since setting the original base line and target in 2003 much has changed in Council’s operational sphere to create a fluctuating annual energy use profile. The state government acquisition of Caravan Parks from Council, commissioning of three new sewage treatment plants, construction of the Cavanbah centre and Byron Bay Library and general growth in the shire are to name just a few of the contributing factors. Additionally, the base line inventory in 2003 and up until 2012 was completed manually from paper invoices which left much room for error in the data. Since 2012 both the electricity and fuel data capture methods have become significantly more accurate and reliable.

 

Figure 2 below shows the emissions from the General Electricity Sector. It is positive to see that efforts to reduce energy use between the 2014/15 and 2015/16 financial years have created a 179 tonne decrease. This is attributed to a range of asset improvements including:

 

·   LED car park lighting at the Cavanbah centre and the use of Illuminator Sports Lighting Control System.

·   Air-conditioner upgrade at the Works Depot and outsourcing of welding work

·   Shutter and skylight installations at Sandhills Childcare Centre reducing air conditioner/lighting need

·   Pump repairs and more efficient management practices of operator at the Mullumbimby Swimming Pool

·   Ceasing of treating leachate at the Ocean Shores Sewage Treatment Plant and a decommissioning of aerators there.

 

The combination of cheaper electricity prices in the most recent electricity contract procurement and the decrease use of electricity represents an annual saving of $287,000 for the General Electricity Sector for the 2015/16 financial year.

 

Figure 2: Byron Shire Council General Electricity Sector Emissions

 

Despite the recent decrease in energy use Council’s emissions remain higher than the projected target needed to meet the 30% reduction target by 2020.

 

Streetlight

 

The Streetlight sector has shown significant savings since 2011 due to a lighting replacement program changing Mercury Vapour fittings to High Pressure Sodium and Compact Fluorescent fittings.  It is positive to note that the streetlight sector is only 27 tonnes from meeting the 2020 target of 609 tonnes and remains ahead of schedule (See Figure 3). 

 

Since 2014 there has been a number of new streetlights installed which has increased the total emissions slightly to 636. This is due in part to new subdivisions. A break down of the type and location of streetlights is provided in Tables 2 and 3. Despite the increase the streetlight sector is still on track to meeting its target if the planned LED replacement program is implemented in coming years. Essential Energy is finalising contracts to provide for the installation of LED lighting and hopes to have this available in the second half of 2017.

 

 

Figure 3: Byron Shire Council Streetlight Sector Emissions

 

**NB The emissions factor in 2014 was 0.86 kg CO2-e/kWh compared to 0.84 kg CO2-e/kWh in 2015 and 2016. Hence, despite increased energy use in 2015 from a greater number of streetlights compared to 2014 the emissions were slightly lower.

 

Table 2 : Number of Streetlights by fitting type

 

 

Number of Streetlights

Fitting Type

Wattage

2014

2015

2016

Compact Fluorescent 42

46.4

926

998

1074

Mercury Vapour 80

95.8

291

292

291

High Pressure Sodium 250

273

209

249

249

High Pressure Sodium 150

173

131

141

144

High Pressure Sodium 70

86

62

93

98

High Pressure Sodium 400

440

17

19

19

Fluorescent Twin 20

50

8

8

8

Mercury Vapour 250

270

6

5

5

Fluorescent 40

50

 

 

1

Mercury Vapour 50

65

4

2

1

Mercury Vapour 400

430

3

 

 

 

Total

1657

1807

1890

 

Table 3 : Number of Streetlights by locality

 

Number of Streetlights

Locality

2014

2015

2016

Byron Bay

540

643

685

Mullumbimby

295

324

331

Bangalow

202

211

235

Ocean Shores

198

207

209

Suffolk Park

195

195

195

Brunswick Heads

154

154

157

South Golden Beach

27

27

27

New Brighton

21

21

21

Billinudgel

13

13

13

Ewingsdale

7

7

12

Federal

4

4

4

Eureka

1

1

1

Total

1657

1807

1890

 

Fleet: The fleet emissions sector covers all Council vehicles and plant that use liquid fuel. Over the past four financial years, the fleet sector has experienced a decrease of 85 tonnes of CO2e (see Figure 4).  This is attributed to a reduction in distance travelled and hours operated, and / or more efficient petrol and diesel engines.  The changeover of motor vehicles and older plant associated with the Plant Replacement Program would be a factor in reducing emissions as the newer engines in these heavy and light fleet items are more fuel efficient than the existing fleet items.

 

Council has also purchased a new hybrid Corolla for the paid parking officers which will reduce emissions from decreased fuel consumption. Council has also included hybrid vehicles in its fleet options, installed an EV fast charge station in Byron Bay and has a slow charge station at the Council Depot.

 

 

Figure 4: Byron Shire Council Fleet Sector Emissions

 

Emissions from Myocum Landfill

 

Landfills create greenhouse gas emissions and in particular methane through the breaking down of organic matter in anaerobic conditions. The Myocum landfill was not included in the 2003 baseline inventory due to an inability at the time to accurately calculate the emissions generated from the landfill. In 2011 a landfill gase capture and flare system was installed to combat odour issues and access financial opportunities presented by the Carbon Farming Legislation. The landfill gas flare burns the emitted gas and converts methane to carbon dioxide thus reducing the greenhouse warming potential of the emissions. 

 

Figures 5 and 6 show the equivalent carbon abatement volumes (monthly and cumulative) from the Myocum landfill gas extraction project since its inception. Since the extraction system and flare was installed the project has abated over 36,000 tonnes of carbon emissions and created $217,600 in revenue.

 

In 2015, Council was successful in gaining a contract with the Federal Government under the Emissions Reduction Fund program for the Myocum Landfill Gas Carbon Farming Initiative Offsets Project. This contract will deliver a further revenue stream of $170,000 over 7 years to offset a proportion of Landfill Gas Flare management operational costs.

 

 

Figure 5: Monthly Carbon Emission Abatement from Myocum Landfill Gas Flare

 

 

Figure 6: Cumulative Carbon Emission Abatement from Myocum Landfill Gas Flare

 

 

 

 

 

 

 

 

Conclusion

 

This report has sought to highlight the significant and positive achievements over recent years to implement a number of wide ranging actions to reduce Council’s emissions. Council is now realising the rewards of committed energy and fuel efficiency actions, improved contract procurement savings and sophisticated data management systems, but will need to continue its commitment to achieve more ambitious targets into the future.

 

To this aim, a further report to Council with regard to a ‘Zero Emissions’ Strategy including a revised target and baseline aspiration aligned with Zero Emissions Byron for Council, with options for community consultation is under preparation for reporting to Council.

 

Financial Implications

 

As discussed in the report.

 

Statutory and Policy Compliance Implications

 

Nil

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.8

 

 

Report No. 13.8           Enforcement of Dog and Cat Free Estates

Directorate:                 Corporate and Community Services

Report Author:           Ralph James, Legal Services Coordinator

File No:                        I2016/708

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:                   This report is an action arising out of a presentation on the topic made to Councillors on 9 February 2017.

 

  

 

RECOMMENDATION:

1.   That Council note:

 

a)    The content of this report,

 

b)    That Council staff can not give effect to Council’s 30 October 2014 resolution because Council cannot prevent the keeping of animals on a private property in Hardy Avenue, Lilli Pilli Estate or Fern Avenue Estates just because Policy 5.30 exists and that the only time Council will have a lawful power to bring enforcement action against an animal owner living in these areas is where the keeping of animals is inappropriate, as that term is understood in the context of order 18 under the Local Government Act section 124.

 

2.   That a letter be sent to each residence in Hardy Avenue, Lilli Pilli Estate and Fern Avenue Estates setting out Council’s position and the reasoning underpinning it.

 

 

 

 

 

 

 


 

 

Report

 

Preamble

The New South Wales Companion Animals Act 1998 does not allow Councils to refuse applications by dog owners to register their pets, unless these are restricted or prohibited breeds.

Therefore, Councils must register a dog or cat at an address that is within a dog or cat free estate.

The register provides the following information.

Hardy Avenue

As at February 2017 there are 3 dogs and 2 cats residing in the estate.  These numbers were established by Byron Shire Council’s Animal Enforcement Officer canvassing the area. During this canvassing some resident dog and cat owners indicated that they would undertake that once their companion animal was deceased, they would not obtain another companion animal.

Lilli Pilli

As at February 2017 there are 7 dogs and 3 cats registered to addresses in the estate.

No canvassing has been done of this area.

Fern Beach Estate, North Ocean Shores

As at February 2017 there are nil cats registered to addresses in the estate.

No canvassing has been done of this area.

Background

 

In 2002, Council adopted Policy 5.30. The policy is intended as a ‘local orders’ policy under the Local Government Act 1993 (LG Act) section 159.

 

Despite Policy 5.30 being based in the LG Act, it also seeks to establish ‘wildlife protection areas’ as defined under the Companion Animals Act 1998 (CA Act).

 

Council has received (and continues to receive) complaints from the public about residents living near these wildlife protection areas owning animals.

 

At its ordinary meeting on 30 October 2014, the elected Council made certain resolutions regarding Council report 14.8 (‘Enforcement of dog and cat free estates’).

 

Among other things, Council resolved to:

 

Investigate and enforce complaints [about dog and cat free estates] on a case by case basis utilising:

                   

(i) The provisions of the Companion Animals Act and the provisions of Policy 5.30 Local Orders for the Keeping of Animals; and

 

(ii) The Environmental Planning and Assessment Act for breaches of development consent.

 

This report updates the status of that resolution.

 

Relevant law and application

 

This issue involves the intersection of Council’s powers under the CA Act and the LG Act.

 

Companion Animals Act 1998

 

Under the CA Act sections 14(1)(h) and 30(1)(b) respectively, dogs and cats (whether leashed or not) are prohibited from being in a ‘wildlife protection area’ (WPA). The language in Policy 5.30 indicates Council has declared Hardy Avenue, Ocean Shores and Lilli Pilli Estate, Byron Bay as WPAs regarding dogs. Policy 5.30 also declares these two areas, as well as Fern Beach Estate, North Ocean Shores as WPAs regarding cats.

 

To be a WPA, the area’s boundary must feature ‘conspicuously exhibited’ notices at ‘reasonable intervals’ that dogs and cats are prohibited in the area.

 

It is an offence under the CA Act to take a dog or cat into a WPA. The maximum penalty for taking a dog into a WPA is $1,100. The fixed penalty amount for the offence is $330. The maximum penalty for taking a cat into a wildlife protection area is $800. The fixed penalty amount for the offence is $110.

 

The CA Act gives any person the power to seize a dog or a cat in a WPA where the animal is not with its owner. Where the animal is with its owner, a Council officer only can seize the animal, and only where the owner fails to remove the animal from the WPA after a direction to do so by the Council officer.

 

Where a companion animal is attacking or harassing another animal within a WPA, a Council officer can lawfully injure or destroy the animal if there is no other reasonably practicable way of protecting the other animal.

 

However, it is important to recognise that a WPA is limited to public places. The CA Act defines a ‘public place’ to include a pathway, road, park, or any other place the public are entitled to use.

 

Wildlife protection areas as detailed in CA Act are “any public place or any part of a public place set apart by the local authority for the protection of wildlife and in which the local authority has ordered that dogs (or cats) are prohibited for the purposes of the protection of wildlife and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs (or cats) are prohibited in or on that public place.”

 

This means the homes located on Hardy Avenue, and in Lilli Pilli Estate and Fern Beach Estate are not parts of any WPA. Because of this, Council has no lawful power under the CA Act to prevent a resident in these areas from owning a dog or a cat.

 

The most the CA Act allows is for Council to bring proceedings against a companion animal owner whose dog or cat enters a WPA (which would include the public streets on which the premises are located; provided these areas are ‘conspicuously’ signed regarding the WPA’s existence); or remove a companion animal where an owner does not remove it upon Council’s direction.

 

Local Government Act 1993 and Policy 5.30

 

Policy 5.30 is grounded in LG Act section 159. Nothing about section 159 (and any policy made under it) confers a power on Council to regulate the ownership of companion animals on private property.

 

Instead, section 159 merely imposes an obligation on Council to take Policy 5.30 into account in determining whether to issue an order to a person under LG Act section 124.

 

Section 124 gives Council the power to issue a variety of orders directing particular persons to take particular actions in particular circumstances. Relevant to this advice is order 18 under section 124. Order 18 can be issued to an occupier of premises requiring them not to keep animals of such kinds, or in such numbers, or in such a manner, as contained in the order. This order can be issued in circumstances where the animals kept on the premises are of an ‘inappropriate’ kind or number or are kept ‘inappropriately’.

 

Regarding order 18 it should be noted that:

 

·   Determining whether the kind, numbers, or keeping of animals is ‘inappropriate’ in a particular situation necessarily involves a judgment by Council.

 

·   The word ‘inappropriate’ is a word of wide import, but its meaning must be determined by the context of section 124, considering the LG Act’s purpose.

 

·   The relevant considerations for determining whether animals are inappropriate regarding kind or number, or are being inappropriately kept, are not explicitly listed in LG Act section 124 and are therefore a matter for Council. (However, Policy 5.30 is a relevant consideration by virtue of section 159 (although the policy will be void to the extent it is more onerous than the LG Act’s provisions).

 

·   In determining the relevant considerations and applying them to a particular situation, Council needs to act reasonably in deciding whether an order can be lawfully issued.

 

Given the matters listed above, a companion animal owner could not be regarded as keeping animals ‘inappropriately’ (thus allowing an order to be issued against them) simply because they did not comply with the requirements of Policy 5.30. This is because:

 

·   Whether animals are ‘inappropriate’ in terms of number or kind, or are being kept ‘inappropriately’, is a standard that must be measured in the context of the premises where the animals reside. The standard is not measured against a premises’ proximity to a WPA (which, as noted above, does not include private properties). This means that a premises housing a companion animal that is merely located near a WPA, with no evidence the animal is causing damage to wildlife within the WPA, will not be inappropriate for the purpose of justifying an order being made against the premises’ owner.

 

·   Policy 5.30 cannot determine ahead of time whether particular animals are ‘inappropriate’ in terms of their kind or number, or how they are kept. Policy 5.30 informs the Council of the relevant considerations in reaching a decision about whether an order should be issued, but it does not impose a standard by itself. That is, keeping an animal will not be inappropriate for the purpose of order 18 merely because having an animal appears to be contrary to Policy 5.30. As noted earlier, Policy 5.30 cannot impose a higher standard on an animal owner than the LG Act itself (where it does this, the policy is void). Policy 5.30 cannot expand the meaning of ‘inappropriate’.

 

·   In the statutory context, ‘inappropriateness’ under order 18 will likely occur where the animal(s) risks public health or amenity, given the premises in which they are located. The keeping of an animal per se is not inappropriate (despite Policy 5.30’s claims to the contrary).

 

Given the above, Council can no more issue a land owner living near the WPAs with order 18 than it can issue any other property owner in the Byron Shire with order 18. The circumstances under order 18 must be present; rather than the circumstances set out in Policy 5.30.

 

Private enforcement

 

Restrictive covenants apply to prohibit amongst other things, the keeping of dogs and cats. The wording for these covenants can vary from estate to estate. The covenants are primarily between the original developer of the land and each of the purchasers of the lots created.

 

Each of these parties is legally bound by the terms of the restrictive covenant, with each purchaser benefiting from the covenant that they and other purchasers have entered into, as well as being burdened by the terms of the restrictions.

 

Accordingly, each purchaser has a legal right to enforce the terms of the restrictive covenant against another purchaser for not complying with the terms of the covenant, be it for the storage of a caravan on land, or the keeping of a dog or cat in contravention of the restrictive covenant.

 

To enforce the terms of a restrictive covenant, action would need to be commenced through the NSW Supreme Court in Sydney, which in itself is a very costly exercise. Therefore, any action by a purchaser seeking to enforce a restrictive covenant must be preceded by the purchaser seeking independent legal advice from a suitably qualified and practising legal practitioner in relation to any such action.

 

Whether or not Council has an ability to seek enforcement with respect to the terms of a restrictive covenant depends upon the terms of the restrictive covenant and who is expressed to be the party burdened by the restrictive covenant and a party with the benefit of the restrictive covenant.

 

Often the relevant Council is nominated within some covenants as a body who has the legal authority to release, vary or modify a restriction. However a Council, as a general rule, is not a party to these restrictive covenants, as the Council has not entered into a contractual agreement to purchase land within the estates.

 

Given this a Council would not be in a position to enforce the terms of restrictive covenants.

 

Environmental Planning and Assessment Act 1979 (“EPA Act”)

 

The starting point is any contained within the development consent conditions referred to relating to the keeping of dogs and cats on land. It will be necessary to review the precise terms of any condition of development consent.

 

It is to be noted however that section 76A of the EPA Act confirms that if an environmental planning instrument provides that specified development may not be carried out except with development consent then that development cannot be carried out on land unless a consent has been obtained and is in force and the development is carried out in accordance with the development consent.

 

Whilst development can include a use of the land much depends on whether or not an environmental planning instrument provides that with respect to the land the keeping of dogs and cats can only be carried out with development consent.

 

It seems unlikely that there would be such a provision in an environmental planning instrument relating to the land. The policy is not an environmental planning instrument for the purpose of section 76A of the EPA Act.

 

In the event that there is a breach established of a provision of the EPA Act then section 125 of the EPA Act confirms that in certain circumstances the breach may be an offence for the purpose of prosecution proceedings. A breach of the EPA Act can also be the subject of civil enforcement proceedings seeking to remedy or restrain the breach pursuant to section 123 of the EPA Act.

 

Care needs to be taken to understand the terms of the relevant conditions and what they seek to do. It has been held that, depending upon the terms of the relevant condition and the facts, once a development consent for the purpose only of a subdivision of land has been put into effect by the registration of the plan of subdivision the subject of the development consent that the development consent has no further work to do: Hillpalm Pty Ltd v Heavens Door Pty Ltd 120041 HCA 59.

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

As discussed in the body of this report.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.9

 

 

Report No. 13.9           PLANNING - DA 10.2016.575.1 - Agricultural Produce Industry (Micro Distillery) and Industrial Retail Outlet at 469 Middle Pocket Road, Middle Pocket

Directorate:                 Sustainable Environment and Economy

Report Author:           Ben Grant, Planner

File No:                        I2017/129

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

 

Property description:

LOT: 4 DP: 576923

469 Middle Pocket Road MIDDLE POCKET

Parcel No/s:

118050

Applicant:

Planners North Pty Ltd

Owner:

Mr E W & Mrs O K Giles

Zoning:

RU1 Primary Production / PART RU2 Rural Landscape / PART DM Deferred Matter

Date received:

29 August 2016

Integrated Development:

Yes – Controlled Activity Approval under the Water Management Act 2000

Public notification or exhibition:

-    Level 1 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 8/09/16 to 28/09/16

-    Submissions received: 17

Other approvals (S68/138):

Not applicable

Planning Review Committee:

13 October 2016

Delegation to determination:

Council

 

Issues:

·    Byron DCP 2014, Chapter B14 Excavation and Fill;

·    Byron DCP 2014, Chapter B6 Buffers and Minimising Land Use Conflict;

·    Environmental Impacts;

·    Traffic and Road Safety;

·    Characterisation of the Land Use;

·    Public Submissions;

 

Summary:

 

This application seeks approval for the demolition of a disused dairy building and the construction of a micro distillery to be undertaken over two (2) stages. The distillery is intended to process agricultural products to create spirits under the brand name of ‘Lord Byron’. The product range will include rum, gin, vodka and carbonated ready-to-drink products.

 

The proposed development will eventually comprise three buildings, including two production sheds and a maturation building. A small industrial retail outlet comprising a tasting area, ancillary office and viewing platform will be located in the stage 2 production shed. The tasting area will allow customers to sample the products made on site and is intended to be invitation only.  

 

The development application was publicly advertised from 8th September 2016 until 21st September 2016 and then extended for a further week. Council received 17 submissions with the bulk of these objecting to the proposal on the grounds of traffic, site suitability, characterisation of the development, water usage, noise, odour and amenity impacts.   

 

It is noted the site is fairly isolated near the end of Middle Pocket Road with traffic generation being of some concern. However, the likely number of trips generated by this development does not require the road to be upgraded. The site is a large rural holding with ample setbacks to surrounding properties and adequate conditions are proposed to mitigate impacts. The development site itself is on cleared land and will not require the removal of native vegetation.

 

The application is considered to satisfy Council’s planning controls including Byron LEP 2014 and Byron DCP 2014. Impacts on the natural and built environment can be suitably managed through conditions of consent. The application is recommended for approval.

 

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 80 of the Environmental Planning & Assessment Act 1979, development application 10.2016.575.1 for a Rural Industry (Micro Distillery) and Industrial Retail Outlet, be granted consent subject to the following conditions listed in Attachment 2 #E2017/14468.

 

 

Attachments:

 

1        Proposed Plans 10.2016.575.1 micro distillery 469 Middle Pocket Road Middle Pocket , E2017/15390

2        Conditions of consent 469 Middle Pocket Road, Middle Pocket , E2017/14468

3        Confidential - submission received 469 Middle Pocket Road, Middle Pocket , E2017/14471  

 

 


 

118050

 

 

1.       INTRODUCTION

 

1.1     History/Background

 

The site has previously been used for primary production including dairy and beef. A summary of previous approvals is shown below.

 

Record no.

Description

Determination

Date

10.2008.556.1

Rural subdivision to create two (2) Lots (boundary adjustment)

Refused

02/12/2008

10.2006.569.1

Subdivision (boundary adjustment) two (2) Lots

Refused

07/03/2007

10.2006.421.1

Subdivision (boundary alteration)

Rejected

09/08/2006

 

1.2     Description of the site

 

Property Summary

Land is legally described as LOT: 4 DP: 576923.

Property address is 469 Middle Pocket Road MIDDLE POCKET

Land is zoned: RU1 Primary Production / PART RU2 Rural Landscape / PART DM Deferred Matter

Land area is: 40.15 ha

Property is constrained by: Bushfire

 

The Site and Surrounds

The site is a rural property located at the western end of Middle Pocket Road, in the upper reaches of middle pocket valley. It is approximately 7km west from the township of Billinudgel and 1.5km east of Inner Pocket Nature Reserve. The allotment is 40.15 hectares in area and is bisected by Middle Pocket Road and Lacks Creek which traverse the property in an east-west direction, generally following the valley floor.

 

The topography is undulating, rising from 50m AHD to over 100m AHD at the ridgeline on the southern boundary. The lower parts of the site near Lacks Creek are cleared grazing land, while the higher parts are vegetated by a mix of Camphor Laurel and Wet Sclerophyll Forest.

 

Existing development includes an original timber dwelling house located on a spur half way up the southern side of the valley. The house appears to pre-date Council’s records. A storage shed and disused dairy building are situated nearby. Access to the property is via a gravel driveway which connects to Middle Pocket Road on the north east corner of the site.

 

Development in the surrounding area is predominantly characterised by a mix of rural and rural-residential development, with a number of dwelling houses located along Middle Pocket Road. Photographs of the site and surrounds are illustrated at figures 1 to 4.

 

 

 

 

 

Figure 1: Site entrance and vehicular access off Middle Pocket Road (view west).

 

 

Figure 2: Proposed development site for stage 1. Existing dairy building to be demolished (view west).

 

 

Figure 3: Proposed development site for stage 2 (view north).

 

 

Figure 43: Existing dwelling located on a spur halfway up the valley (view west).

 

 

 

 

1.2     Description of the proposed development

 

Proposal

The proposal is for the demolition of a disused dairy building and the construction of a micro distillery to be built over two stages. The distillery is intended to process agricultural products to create spirits under the brand name of ‘Lord Byron’. The product range will include rum, gin, vodka and carbonated ready-to-drink products.

 

The proposed development will eventually comprise three buildings, including two production sheds and a maturation building. Ten car spaces and two loading bays connected to an upgraded driveway will service the development.

 

The stage 2 production building features small industrial retail outlet comprising a mezzanine level with an office, storeroom, viewing platform and toilets connected to a terrace lawn on the southern side of the building. The applicants have stated that they wish to conduct tastings on-site by invitation only.  

 

In detail, the following building works are proposed for each stage:

 

Stage 1 – Building/Demolition works

 

(a)     Demolition Dairy Building

 

(i)         Demolish redundant dairy building as shown in figure 4. The concrete slab is to be retained and used as part of the car parking area for stage 1;

 

(b)     Production Shed

 

(i)         15m x 7m shed constructed using a mixture of timber cladding, metal roof sheeting and translucent sheeting;

(ii)        Separate WC located off the eastern side of the building;

 

(c)     Parking and Access

 

(i)         Upgrade internal driveway servicing the stage 1 production shed;

(ii)        New parking area for 5 cars and 1 loading bay;

 

Stage 2 – Building works

 

(d)      Production Building

 

(i)     20m x 10m building using brick construction with Corten steel doors and translucent sheeting on the southern elevation;

(ii)     Metal roof covered in photovoltaic cells;

(iii)    200m2 production room;

(iv)   Industrial retail outlet comprising a 75m2 mezzanine level with viewing platform, bathroom, office and tasting area;

 

(e)      Maturation Building

 

(i)      20m x 10m building using brick construction, flat habitable roof with grass covering and skylights;

(ii)     Up to 3m of cut and 3m fill to allow the building to be buried into the hillside for thermal massing and temperature stabilisation;

 

(f)      Parking and Access

 

(i)       Construct new vehicular access road to the stage 2 production buildings;

(ii)      Construct parking area for 5 cars and loading bay for stage 2.

 

Process overview - distillery operations

 

The application states that the production process involves the fermentation and distillation of molasses and cane juice to produce alcohol. Depending on the end product, the alcohol is either matured in oak barrels for a number of years or blended immediately and packaged. Botanicals such as elderflower or lemongrass will be hand processed and added to the still to flavour the Gin and other product types. Citrus will be peeled and juiced for use in products such as Limoncello and ready-to-drink products.

 

The distillation process results in a liquid by-product which is the remaining ‘wash’ left over after the distillation of alcohol has occurred. It is proposed to further distil the remaining ‘wash’ to create a liquid fertiliser product which will be stored on site in air-locked tanks. The liquid fertiliser will then be used for agricultural purposes and any excess transported off-site.   

 

Once the final beverages have been matured and/or blended, they will be bottled and packaged on site. The applicant has stated that bottling for stage one will be undertaken by hand. Bottling for stage two will likely be by hand or involve the use of a small bottling machine. 

 

2.       SUMMARY OF REFERRALS

 

Referral

Issues

Environmental Health Officer

Supported subject to conditions of consent. See discussion of issues below.

Development Engineer

Supported subject to conditions of consent. See discussion of issues below.

Department of Primary Industries – Office of Water

Integrated Development – Controlled Activity Approval required under the Water Management Act 2000. General Terms of Approval were provided by NSW Department of Primary Industries – DPI Water, on 28 September 2016.  See discussion of issues below.

 

Issues:

 

Environmental Health Officer

 

Contaminated Land

The potential for soil contamination comes from the site’s previous history of rural uses including cattle grazing, dairying and cropping.

 

A preliminary and detailed site investigation report was submitted by a suitably qualified consultant. Soil sampling was undertaken around the location of the proposed stage 1 and stage 2 buildings. All samples revealed contaminant levels well below the relevant guideline limits, except for a composite sample from the permitter of the dairy building which indicated the presence of asbestos. This triggered the requirement for a detailed site investigation report.

 

A detailed site investigation was subsequently undertaken to determine the extent of asbestos contamination around the development site. Extensive soil sampling was undertaken around the permitter of the dairy building however no further asbestos was detected. On this basis it is considered that the potential for contamination is low. Council’s Environmental Health officer commented that the site is considered suitable for the intended use.

 

Waste Management

The development is likely to have multiple waste streams as a consequence of demolition, construction, operation and trade wastes. Upon Council’s request, the applicant prepared and submitted a Site Waste Minimisation and Management Plan (SWMMP) as part of the application. 

 

The SWMMP is considered to be generally satisfactory, however further detail is required to ensure adequate ongoing waste management practices. A condition is recommended requiring a detailed SWMMP be submitted to the PCA for approval prior to the issue of a construction certificate.

 

Hazardous and Offensive Development

It is considered that the fertiliser by-product generated by the distillery is a natural by-product and is not considered to be a hazardous or offensive liquid. However given the location of the proposed development, bunding of the fertiliser storage area is recommended to prevent any spillage to the receiving environment. 

 

On-Site Waste Water Management

The site is in proximity to a gully stream and is upslope from Lacks Creeks, raising concerns over effluent disposal and the nature of waste water being fed into the proposed on-site wastewater management system. 

 

Supporting information was provided indicating that no polluting waste from the distillation process is expected to be expelled or emitted into the on-site wastewater system or elsewhere on the land under normal operation. The main waste stream is to be captured and recycled as a fertiliser product, where it is anticipated that a significant portion of the product will be transported off site. A condition requiring section 68 approval for the on-site wastewater management system has been recommended.

 

Odour and emissions

Potential sources for nuisance odours from the distillery include storage of molasses, liquid fertiliser and the distillation process itself, which produces gaseous emissions such as carbon dioxide as a by-product. As detailed in supporting information provided by the applicant, the distillation process is to be sealed. Airlock valves will be used on the fermentation tanks to ensure the fermenter does not vent to the atmosphere. Molasses and liquid fertiliser will also be stored in airlock tanks, preventing the release of odorous emissions.

 

To prevent the possibility of odour impacts on neighbouring residences, a condition is recommended requiring the use of airlock tanks. Furthermore, a general condition is recommended requiring the development to not interfere with the amenity of the neighbourhood by way of smell, smoke or fumes at all times.

 

Noise

Noise impacts may arise from vehicle movements and plant equipment (fermentation, distillation, air conditioning, refrigeration). A supplementary noise report was provided which concluded that traffic noise generated from the predicted 2 medium rigid vehicle trips and 9 car trips per day is expected to have a negligible impact on the current noise environment. In relation to plant noise, all equipment is to be located within insulated structures which are 130m and 300m from the nearest residence, resulting in negligible noise impacts at the this receiver. To account for the potential noise generated by the reversing beeper on a forklift in stage 2, the applicant has agreed to undertake a Safety Risk Assessment and adopt a Risk Management Plan to operate the forklift without use of a Reverse Beeper.

 

 

 

Impact on water resources

There are two water extraction licences for the subject property which have been issued by the NSW Department of Primary Industries – Office of Water. The first is a 14ML/yr licence for the harvesting and use of surface water (license number 30SL024167); the second is a 38ML licence for the harvesting and use of ground water (license numbers 30BL2077387 & 30BL207389). 

 

The volume of water required by the distillery has been estimated by the applicants at 10%-15% of the annual water abstraction licence (not including the 39ML bore licence). This equates to approximately 1.4ML – 2.1ML of water per year which is well within the volume granted by either licence.

 

Development Engineer

 

Traffic Generation

It is estimated that the development would generate 10 vehicle trips and 3 peak hour trips per day for stage 1 and 11 vehicle trips and 4 peak hour trips for stage 1 and 2 combined. These figures comprise car and truck movements inclusive of traffic generated by the industrial retail outlet (tasting facility).

 

Approximately 13 residences currently gain access off Middle Pocket Road for the last 1.1km, generating 117 vehicle trips per day and 11 peak hour trips. The proposed development when complete will therefore add a further 11 trips to traffic along Middle Pocket Road on average. The increase is below the 150 vehicle trip threshold in accordance with Council’s Development and Design Manual D1 – Table T 1.27. The capacity of Middle pocket Road is therefore considered to be acceptable for the additional traffic generated by the proposed distillery.

 

Condition of Middle Pocket Road

It is acknowledged that the condition of Middle Pocket Road varies at different points, however, it is deemed to be in reasonable condition. Notwithstanding the above, it is recommended that appropriate embellishment to road signage occur on the approaches to the culvert adjacent to 303 Middle Pocket Road. Appropriate conditions of consent are recommended to ensure the signage complies with the applicable Australian Standard. 

 

Department of Primary Industries – Office of Water

The stage two maturation building is approximately 35m from a 1st order gully stream which runs down the southern slopes of the valley and feeds into Lacks Creek. Because the proposed development is within 40m of ‘waterfront land’ it requires a Controlled Activity Approval under the Water Management Act 2000. Department of Primary Industries – Office of Water have provided General Terms of Approval for the development which are included in the recommendations of this report.

 

3.       SECTION 79BA – BUSH FIRE PRONE LAND

 

The site is within the 100m bushfire buffer of a category 1 vegetation hazard, located upslope from the development site on the southern side of the valley. The application is accompanied by a report from a recognised bushfire consultant concluding that the proposal is capable of complying with the relevant specifications and requirements of ‘Planning for Bushfire Protection 2006’. Suitable conditions for asset protection zones, water supply, utilities and access have been included in the recommendations of this report.  

 

4.       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.

 

4.1     State Environmental Planning Instruments

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy No 44—Koala Habitat Protection

Consideration:

SEPP 44 requires Council to consider if land contains core Koala habitat, and if so, to ensure a Koala Plan of Management is in place.

 

The lower parts of the site are cleared of vegetation. The upper slopes contain a mix of camphor and rainforest species. Koala food trees do not constitute more than 15% of the total number of trees in the upper or lower strata.

 

Additionally, the proposed development site is on a cleared part of the land and no native vegetation removal is proposed. The site is not considered to contain core Koala habitat and a Koala Plan of Management is not required.

State Environmental Planning Policy No 55—Remediation of Land

Consideration:

The aim of SEPP 55 is to ensure that a change of land use will not increase the risk to health, particularly in circumstances where a more sensitive use is proposed. The site has a history of rural uses including cattle grazing, dairying and cropping.

 

Detailed investigations have been undertaken on the site, in accordance with the requirements of SEPP 55 as discussed in section 2 of this report.  The assessment concludes that the potential for soil contamination is low and that remediation of the site is not required.

State Environmental Planning Policy No 33—Hazardous and Offensive Development

Consideration:

Sufficient information has been provided to conclude that the normal operation of the proposed distillery would not pose a significant risk in relation to human health, life, property or the biophysical environment. As such, the proposed development is not considered to be a hazardous or potentially hazardous industry and a preliminary hazard analysis is not required.

 

 

4.2A  Byron Local Environmental Plan 2014 (LEP 2014)

 

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

 

Part 1

1.2| 1.3| 1.4| Dictionary| 1.7| 1.9A

Part 2

2.1| 2.2 | 2.3 |Land Use Table | 2.7

Part 4

4.3

Part 5

5.4| 5.9

Part 6

6.2| 6.6

 

The remaining underlined 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).

 

Clauses 1.4 Definitions

Industries are prohibited in the RU2 Rural Landscape Zone. Permissibility therefore rests on the proposed distillery being characterised as an agricultural produce industry which is defined in the Byron LEP 2014 dictionary as follows:

 

agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.

 

The above definition has two parts. The first concerns the use of a building or place for the purposes of processing, handling, treating or packing agricultural products. The second is a list of typical activities which fall within the definition. Distilleries are not listed in the second part. The entire production process has multiple components including:

 

·    Distillation of molasses and cane juice to produce alcohol;

·    Maturation and storage of alcohol in barrels;

·    Processing of citrus and botanicals;

·    Bottling of beverages;

·    Transportation of products off-site.

 

The primary component of the production process is the fermentation and distillation of agricultural products such as cane juice and molasses to create alcohol. Citrus and other botanicals will also be processed on site and blended into various products. Water is to be sourced on-site, whilst citrus, botanicals and sugar cane are also to be grown on the farm.

 

Based on the information provided by the applicant, it is concluded that the proposal primarily involves the processing of the “produce from agriculture”, which in this case is processing molasses and cane juice. Mixing, storage and bottling are considered ancillary components of the primary use. The development could also be considered as one not dissimilar to a winery. It is considered that the proposed distillery can fit the definition of an agricultural produce industry and is therefore permissible with consent in the RU2 Rural Landscape Zone.

 

Clauses 2.1 - 2.3 and Land Use Table

The land is zoned part RU1 Primary Production, part RU2 Rural Landscape and part DM Deferred Matter according to the Land Zoning Map. The proposed development, including the access road and all building works, is located entirely on the part of the site zoned RU2 Rural Landscape under Byron LEP 2014. Agricultural produce industries and industrial retail outlets are permissible with consent in the RU2 Rural Landscape Zone.

 

Regard is had for the Zone Objectives as follows:

 

Zone Objectives RU2 Rural Landscape

Consideration

To encourage sustainable primary industry production by maintaining and enhancing the natural resource base

The proposed development will not hinder primary production in the area. The natural resource base, including water and soils, is unlikely to be adversely impacted by the proposal. The applicants have obtained the relevant water licences which are adequate to service the proposed distillery.

To maintain the rural landscape character of the land.

The proposed buildings are to be setback between 100m and 300m from the road frontage. The structures will not be visually prominent and will not adversely affect the rural landscape character of the valley.

To provide for a range of compatible land uses, including extensive agriculture.

Sufficient supporting information has been supplied to demonstrate that the proposal will not have adverse environmental impacts. Subject to conditions of consent, the application can be considered compatible with the surrounding land uses and will not hinder extensive agriculture on the site or surrounds.

To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.

The proposed development will not hinder small scale tourism uses in the area.

To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.

The scenic qualities of middle pocket valley won’t be adversely affected by the proposed development. The buildings are of an appropriate scale and have been set back from the road by approximately 100m and 300m respectively. 

 

Clause 4.3  Height of buildings

A maximum building height of 9m is permitted on the subject site. Heights of the proposed stage 1 and 2 buildings are as follows:

 

(a)     Stage 1 production shed: 6.5m

(b)     Stage 2 production shed: 9m

(c)     Stage 2 maturation vault: 6m

 

All structures comply with the 9m height limit and can meet the objectives of clause 4.3.

 

Clause 5.4 Controls relating to miscellaneous permissible uses

Clause 5.4 sets a maximum floor area for industrial retail outlets of 40% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or 250 square metres, whichever is the lesser.

 

The proposed tasting area comprises approximately 75m2 of gross floor area which complies with the development standard.

 

Clause 6.2 Earthworks

Up to 3m of excavation and 3m of fill is proposed for Stage 2 maturation and production buildings. The purpose of the earthworks is to provide thermal massing and temperature stabilisation for the maturation process, and to reduce the bulk and scale of the buildings.

 

Most of the cut will be contained within the building footprint, which in combination with green roofing and earth toned materials will help minimise the visual impact of the earthworks. Subject to engineering conditions, the proposed earthworks are considered consistent with the objectives of clause 6.2.  

 

 

 

6.6 Essential services

Adequate arrangements are available for essential services including water, electricity, sewage, stormwater and vehicular access (subject to conditions of consent).

 

4.2B  Byron Local Environmental Plan 1988 (LEP 1988)

 

The proponent intends to undertake cropping, including the growing of citrus and sugar cane as an ancillary activity to support the proposed micro distillery. This cropping would likely occur on parts of the site which are in the 1(a)—(General Rural Zone) under Byron LEP 1988. Such use is defined as agriculture, which is permitted without consent in the 1(a) zone. To the extent that these activities are undertaken within the definition of agriculture, there are no relevant provisions in Byron LEP 1988 that are applicable, as development consent is not required for such a use.

 

All other proposed buildings, works and uses are on land within the RU2 Rural Landscape zone under Byron LEP 2014. The provisions of Byron LEP 1988 are therefore not directly applicable to this assessment.

 

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

 

Draft SEPP (Coastal Management) 2016

The draft SEPP proposes to replace SEPP 14 (Coastal Wetlands), SEPP 26 (Littoral Rainforest) and SEPP 71(Coastal Protection).  It will redefine the current ‘Coastal Zone’, to be within four coastal management areas:

 

·   Coastal wetlands and littoral rainforests area

·   Coastal environment area;

·   Coastal use area; and

·   Coastal vulnerability area.

 

The subject site is located outside the above mapped areas. The proposed development is not in a wetland, littoral rainforest, coastal environment area, coastal use area or coastal vulnerability area.  The provisions of the draft SEPP are not applicable to the proposal.

 

4.4A  Byron Shire Development Control Plan 2014 (DCP 2014)

 

DCP 2014 is an applicable matter for consideration in the assessment of the subject development 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 proposed development:

 

Part A

Preliminary

Part B Chapters:

B3| B4| B6| B8| B9| B11| B12| B13|

B14

Part C Chapters:

C3

Part D Chapters

D4| D5

 

These underlined 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 complies with all sections of these Parts/Chapters (in some cases subject to conditions and/or to the satisfaction of other assessing officers), except in relation to certain prescriptive measures which are considered further (having regard to the DCP 2014 Section A1 Dual Path Assessment) as follows:

 

B14.2 Excavation and Fill in all Zones

The stage 2 production and maturation buildings are set back into the ridgeline on the southern slopes of the valley. The purpose of the excavation is to create thermal mass, improving temperature consistency in the buildings. This will require up to 3m of cut and 3m of fill, exceeding the 1m prescriptive control in the DCP. 

 

Despite exceeding the prescriptive control, the proposal satisfies the performance criteria, and meets the objectives underpinning these planning controls in the DCP for the following reasons:

 

1)      The cut and fill will mostly be contained within the footprint of the building. High retaining walls or exposed battering will not be clearly visible from views into the site.

 

2)      The buildings are to be set back 300m from Middle Pocket Road, reducing their visibility. Green roofing and earth toned materials will help minimise the visual impact. Photomontages of the development in-situ have been provided, illustrating that the development and resulting landform will remain compatible with the surrounding rural landscape.

 

3)      Engineering conditions have been recommended to ensure adequate site drainage and slope stability. Further details for retaining walls and sediment and erosion control are to be provided for approval as part of the construction certificate.

 

B6.2.4 Buffers

Part B6.2.4 sets out indicative buffer distances for specific land uses as a means of minimising land use conflict, especially between rural and residential uses. The distillery is considered to be an agricultural produce industry, which is a type of rural industry. For rural industries, table B6.1 recommends a minimum buffer of 500m to the nearest rural dwelling.

 

The nearest residence will have a 130m buffer from the stage 1 buildings and a 300m buffer from the stage 2 buildings. Although this is less than the recommended 500m buffer, it is acknowledged that the proposal is unlikely to have the same impacts as other rural industries listed in this category such as saw mills and feed mills. Considering the supplementary information provided in relation to noise, odour, emissions and other environmental impacts, the proposed buffers are sufficient to achieve the primary objective of the control which is to avoid land use conflict between new development and existing uses. A condition limiting the hours of operation from 8.00am to 6.00pm is recommended to ensure operational and vehicular noise does not affect the amenity of nearby residences during evening hours.

 

B3 - Services

 

Water Supply

B3.2.1 requires businesses involved in the preparation or manufacture of food to use potable water for all activities associated with these activities.

 

The applicant is intending to use a combination of rainwater, and/or surface and ground water extracted using two water licences for beverage production. The water is intended to be treated to potable standards and stored on site in accordance with the requirements of the DCP.

 

On-site Sewage Management System

An on-site sewage management system is to be constructed to treat effluent from the proposed development. A report from a suitably qualified consultant has been supplied demonstrating a treatment system in accordance with the requirements of Part B3.2.2. Council’s Environmental Health Officer has supported the proposed design. 

 

 

 

Stormwater Management

The stage two maturation building is approximately 35m from a 1st order gully stream that feeds into Lacks Creek. To ensure water quality entering the stream is not adversely affected, it is proposed to have runoff water from the car parking and manoeuvring area discharge via a level spreader over a minimum 5m wide heavily grassed filter strip prior to sheet flowing through the designated 1st order gully buffer. The design is considered acceptable and meets the requirements of the DCP.

 

B4 Traffic Planning Vehicle Parking Circulation and Access 

 

An engineering report and traffic impact statement were provided by the applicant which set out production volume and traffic generation estimates for the development. Conditions of consent have been recommended for upgrades to Middle Pocket Road.

 

Parking

Each stage of the development provides 5 car parking spaces (10 total), and incorporates 1 loading bay capable of supporting a medium rigid vehicle. The applicant has provided sufficient information to demonstrate the car parking layout is able to meet the requirements of AS 2890.

Table B4.1 of Byron DCP 2014 and RMS ‘Guide to Traffic Generating Developments’ do not provide parking rates for agricultural processing industries, or rural industries generally. Parking rates for general industry have been adopted as follows:

 

Land Use

Rate

GFA (m2)

Spaces Required

Spaces Proposed

Industry

1 space / 100m2 GFA

848

9 spaces

5 spaces – stage 1

5 spaces – stage 2

 

Total staff on site will comprise 2 employees and 1 farm manager. It is expected that occasional visitation upon invitation will also occur which will require 3-4 additional spaces. The 10 proposed parking spaces satisfy the requirements of B4.2.5 and are considered adequate to cater for the proposed use. Further adequate land is available on the farm for any overflow parking should it be required. Appropriate conditions of consent have been recommended

 

Vehicle Access and Manoeuvring Areas

The proposed vehicular access design is generally in accordance with the requirements of part B4.2.3. The driveway is to be widened to 4m, concrete tracks are to be constructed for the steeper sections, and passing bays are to be provided at 200m intervals to comply with bushfire standards. The entry to Middle Pocket Road is to be upgraded to 6m in width for a depth of 9m to allow safe entry and egress from the site. A condition is recommended requiring details for the above works to be provided for approval as part of the construction certificate.

 

Chapter B8 – Waste Minimisation and Management

The development is likely to have multiple waste streams as a consequence of demolition, construction, operation and trade wastes. Upon Council’s request, the applicant prepared and submitted a Site Waste Minimisation and Management Plan (SWMMP) as part of the application.  The SWMMP was considered to be generally satisfactory, however further detail is required to ensure adequate ongoing waste management practices. In order to meet the objectives of the chapter, a condition is recommended requiring a detailed SWMMP be submitted to the PCA for approval prior to the issue of a construction certificate.

 

 

 

B13 Access and Mobility

Chapter B13.2.4 Commercial Premises and Industrial Premises – BCA Classes 5, 6, 7 & 8 applies to the development. The objective of this control is to ensure that access is provided in accordance with the relevant equitable access legislation. The Statement of Environmental Effects notes that shared accessible parking space is to be provided in accordance with AS 2890.6 Off Street Parking for People with Disabilities, although detailed design was not provided with the development application. Conditions are recommended requiring detailed parking and access specifications to be provided for approval as part of the construction certificate.

 

4.4B  Byron Shire Development Control Plan 2010 (DCP 2010)

 

All other proposed buildings, works and uses are on land within the RU2 Rural Landscape zone under Byron LEP 2014. The provisions of Byron LEP 2010 are therefore not directly applicable to this assessment.

 

4.5       Any Planning Agreement or Draft Planning Agreement?

 

No planning agreements have been proposed in relation to this development application.

 

4.6     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 (b) Demolition – the provisions of AS 2601

Yes

Yes

Yes – Conditions

93 (Fire Safety - Change of building use)

No

N/A

N/A

94 (Fire Safety – Extension of buildings)

No

N/A

N/A

94A (Fire Safety – temporary structures)

No

N/A

N/A

 

4.7       Any coastal zone management plan?

 

There is no applicable Coastal Zone Management Plan.

 

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

 

Natural Environment

As detailed in this report, sufficient information has been provided to demonstrate that subject to conditions of consent, no adverse impacts on the natural environment are likely to occur. The main waste stream from the proposed distillery is a fertiliser product which will be used for agricultural purposes and the majority transported off site. Gaseous and liquid emissions from the proposed distillery can be managed whilst molasses and fertilisers are to be stored on-site in air-locked tanks, reducing the potential for nuisance odour.  

 

Built Environment

Subject to conditions of consent, the expected impacts on the built environment are considered to be acceptable. Traffic generated by the development is within an acceptable range. To ensure road safety is maintained, a condition is recommended requiring an upgrade to road signage at the approaches to a culvert near 303 Middle Pocket Road as discussed above.

 

Hours of operation – tasting facility

The hours of operation for the industrial retail outlet (tasting facility), are to be limited to two days per week between 10.00am and 5.00pm. It is unlikely the proposal will generate social impacts such as those that may be anticipated from other licensed premises given the location and operations proposed.

 

Economic Impact

The distillery will provide a small number of post construction jobs and may contribute to the general economic benefit the Shire receives from locally produced food and drink products.

 

Council Policies

 

Policy 14/005 – Liquor Licencing and Approval Policy

 

The proposed distillery will require a producer/wholesaler liquor licence to be obtained from the relevant NSW government agency. Such a licence allows winemakers brewers and distillers to sell alcohol to other liquor licences. It also allows producers to conduct tastings (with or without charge), retail sales, and direct sales to the public at shows, fairs and markets.

 

In order to satisfy the requirements of the Byron Liquor Licencing and Approval Policy conditions of consent have been recommended in relation to operation, noise, safety  and  hours of operation.

 

4.9     The suitability of the site for the development

 

Sufficient information has been provided to demonstrate that the site is capable of supporting the proposed distillery without having a significant impact on the natural or built environment. A range of conditions have been recommended to control the construction and operation of the distillery and on this basis the site is considered suitable for the proposed development.

 

4.10   Submissions made in accordance with this Act or the regulations

 

In accordance with Part A14 of Byron DCP 2014, the development application was publicly advertised from 8th September 2016 until 21st September 2016. In response to early submissions requesting an extension of time, the notification period was extended by an extra 7 days to give people a greater chance to review and respond to the application.  Apart from the 4 submissions requesting an extension of time, 1 submission was received in support with 12 objections. These comprised 10 individual submissions and 2 group submissions, containing 13 signatures and 6 signatures respectively.

 

A summary of the submissions and comments is included below:

 

Issue raised in submission

Comment

Road and Traffic Safety

1.   Poor state of middle pocket road

2.   Existing condition dangerous

3.   Road is narrow

4.   Pedestrian safety

It is considered that the development will generate a small increase in traffic and that the road although narrow in some locations is able to cater for the development.

 

5.   Raw materials required to be trucked in, resulting in unacceptable traffic impact

Traffic generated by deliveries will not have an unacceptable impact on the road network or middle pocket road.

6.   Invitational tasting area will increase traffic

7.   Ready to drink products would generate much more traffic than stated

8.   Traffic volumes understated

9.   Fertiliser will have to be transported off site

The overall traffic impact has been assessed as acceptable with traffic volumes as being realistic for the proposed use.

10. All of Middle Pocket Road would require upgrading

Council’s Development Engineer has commented that upgrading of Middle Pocket Road is not necessary as a result of the development proposal.

11. Culverts on road only 3m wide

Appropriate conditions recommended requiring signage for culvert to be upgraded

12. Sugar cane harvester will not fit on road

The application has been assessed on the assumption that no sugar cane will be grown on site. If the applicant wishes to undertake extensive agriculture, they are able to do so without development consent from Council.

13. Road traverses private property. Is not entirely within road reserve

Noted. Council’s mapping indicates that Middle Pocket Road is not exactly aligned with the road reserve, as is the case with many other rural roads. Realigning the entire road is impractical and beyond the scope of this application. It is a matter for Council to resolve in the long term and should not be considered as a reason for refusal.

Suitability of the Location

14. Location not suitable for this type of facility

Subject to conditions of consent, the location is able to support the proposal 

15. There is no need for a distillery in Middle Pocket

The actual demand for various products is not a relevant matter for consideration under s79C of the Act. 

16. Land cannot provide agricultural produce for this volume of production. Raw materials will be trucked in

It is acknowledged that the land is not capable of providing all the agricultural produce required to supply the distillery. Traffic estimates have been based on the requirement to import all produce to the site. 

Characterisation of the Use

17. Distillery is for an industrial purpose, not a rural use

The proposal involves the processing of the produce from agriculture and thus can fit the definition of Agricultural Produce Industry which is permitted with consent in the RU2 zone

18. Ready to Drink Products changes the nature of the use. This could be a factory producing carbonated drinks

Conditions are recommended to ensure the facility must remain an agricultural producing industry at all times and not engage in other industrial production.

Production Volumes

19. Production volumes will be greater than stated. Road cannot cope with additional trucks

 

It is acknowledged that total production volumes may increase if lower alcohol volume beverages are produced. Council’s Development Engineer has commented that even a doubling of production would not drastically increase traffic volumes as the increased output could still be accommodated within a single MRV.

20. Production estimates based on pure alcohol, not finished beverages

 

The production estimates (in terms of cases and pallets) are based on 700mm bottles with 40% alcohol content. Also see point 19. 

Water Usage

21. Water usage excessive. Will impact environment and surrounding properties

22. Millions of litres per year required for ready to drink beverages. Rainwater not enough to supply use

The applicants have demonstrated water licences for 14ML/yr and 38ML/yr respectively. Water extraction figures were not stated but a reasonable estimation would be between 1ML and 1.5ML per year, which is within the licenced allowance.

Environmental Impacts

23. Environmental impacts of fertiliser application not accounted for

24. Fertiliser run off will introduce high nitrogen in to Lacks Creek

25. Ploughing cane fields will pollute creek

Fertiliser application will be associated with agricultural activities that are able to be undertaken without development consent.

Agricultural activities such as cropping are able to be undertaken without development consent.

26. Flooding is an issue

Council’s mapping does not indicate that the site is flood prone. Additionally, all buildings are located upslope, away from the Lacks Creek and the valley floor.

27. Koalas and endangered birds are on the property

 

28. Close proximity to the inner pocket nature reserve. Endangered species of birds and other animals in area

 

Noted. The site is about 1.5km from Inner Pocket Nature Reserve. Council records do not indicate endangered species being located on the subject site, although they are known to occur within the reserve. No vegetation is to be cleared as part of the proposal and no polluting wastes or emissions are expected.

29. Pollution of ground water highly likely

 

The main waste stream form the distillery will be a fertiliser product. Most of this will be transported off site. Council’s Environmental Health Officer has concluded that the proposal is acceptable subject to conditions.

30. A number of asthmatics live nearby who will be affected by the boiling molasses. Smell and pollution will be difficult to deal with in the valley

 Additional information has been provided to demonstrate that no adverse emissions form the distillery will occur.

Economic Impacts

31. Loss of property values

Property values are not a matter for consideration under s79C of the Act.

32. Draining the creek in the upper catchment will lead to loss of aquatic biodiversity and fish habitat downstream

The water licences have been issued by the NSW Department if Primary Industries – Office of Water.

Land use Conflict and Buffers

33. Neighbour dwellings are too close to this industrial use.

34. House is 100m away from facility and will result in loss of privacy

The nearest dwelling is 130m from stage 1 production building and 300m from stage 2. Given the low impact of the distillery, these buffers are considered to be adequate.

Odour

35. Rum production will result in smell and pollution

Additional information was provided to demonstrate that the distilling process would not result in offensive odour or emissions in the area.

Noise

36. Noise from Distillery

The ongoing operation of the distillery will not produce unacceptable amounts of noise.

37. Driveway is located 20m from boundary. Includes a turning bay and will result in trucks with reversing lights and beepers and noise pollution. Hours of operation are not stated

 

 

 

 

Conditions are recommended limiting the hours of operation to reduce the potential for disturbance.

Social Impact

38. Tasting area will result in drink driving

39. Tasting area will result in drunk/disorderly behaviour

Suitable conditions are recommended to ensure the tasting area is not open to the public and is to be operated in accordance with a plan of management.

Rural Character

40. Will impact on rural amenity

Noise, traffic and other environmental impacts generated by the proposal have been assessed as being within acceptable limits.

41. Proposed tasting venue/café would impact on rural amenity

The proposed tasting venue is not approved as a café or restaurant. Conditions have been recommended prohibiting these kinds of uses from occurring without approval.

42. Out of character with area

 

Noted. Most of the surrounding land has changed to lifestyle, rural-residential use.

43. Will reduce scenic amenity

 

The proposed buildings are 130m and 300m from the public road. Photomontages have been supplied demonstrating that the visual impact of the proposal will be acceptable.

 

44. Tourist use will be associated with the facility. Will reduce rural amenity and increase traffic

The tasting facility is intended to be by invitation only and not open as a destination or tourist facility. Traffic generation estimates have been assessed as being within acceptable limits.

 

4.11   Public interest

 

Subject to the recommended conditions of approval, the proposed development is unlikely to prejudice or compromise the public interest or create a dangerous precedent.

 

 

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

 

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 proposed development. Whilst it is acknowledged that the site is 1.5km from Inner Pocket Nature Reserve, no vegetation removal is proposed and no emissions or polluting wastes are expected that would adversely impact on threatened species, populations or ecological communities, or their habitats.

 

4.13   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.

 

5.       DEVELOPER CONTRIBUTIONS

 

5.1     Water & Sewer Levies

 

No Section 64 levies will be required.

 

 

5.2     Section 94 Contributions

 

Council’s Section 94 Officer reviewed the proposal and commented that the S94A levy should apply as the development is non residential. Suitable s94A conditions have been included in the recommendations of this report.

 

6.       CONCLUSION

 

The proposed development is consistent with the relevant environmental planning instruments and planning controls applicable to the site, apart from variations to Byron DCP 2014 in relation to excavation and buffers. The proposal raises no significant issues in terms of environmental impacts and the site is considered suitable for the development. The application is recommended for approval subject to conditions of consent.

 

7.       RECOMMENDATION

 

It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2016.575.1 for Rural Industry (Micro Distillery) and Industrial Retail Outlet, be granted consent subject to conditions listed in Attachment 2 #E2017/14468.

 

8.       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

 

Provide Disclosure Statement register details here: Not applicable

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.10

 

 

Report No. 13.10         Report of the Planning Review Committee Meeting held on 31 January, 2017

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Major Projects Planner

File No:                        I2017/141

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report provides the outcome of the Planning Review Committee Meeting held on 31 January, 2017.

 

 

  

RECOMMENDATION:

That Council note the report.

 

 

 


 

Report:

 

The meeting commenced at 1.03pm and concluded at 2:45pm.

 

Present: Crs, Hunter, Coorey, Hackett, Martin, Cameron, Richardson, Lyon.

Staff:  Shannon Burt (Director Sustainable Environment and Economy), Chris Larkin (Major Projects Planner).

Apologies: Crs Ndiaye, Spooner.

 

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

 

DA No.

Applicant

Property Address

Proposal

Exhibition

Submissions

Reason/s

Outcome

10.2016.813.1

Joe Davidson Town Planning

352 Bangalow Road

Hayters Hill

Alterations and Additions to existing dwelling house to create an expanded dwelling, Use as Bed and Breakfast Establishment and a swimming pool

Level 1

5/1/17 to 18/1/17

 

5 submissions

The lack of policy to direct determination

 

The perceived public significance of the application

 

Council

10.2017.8.1

Joe Davidson Town Planning

352 Bangalow Road

Hayters Hill

Restaurant and associated access and car parking

Level 2

26/1/17 to 8/2/17

 

 

The lack of policy to direct determination

 

The perceived public significance of the application

 

Council

 

10.2016.843.1

Mr MJ Walker

5 Thomas Street

Bangalow

New Medium Density Development

Level 2

12/1/17 to 25/1/17

 

13 submissions

The number of public submissions

 

Council

 

10.2017.3.1

Planners North

11 Ewingsdale Road

Ewingsdale

Dwelling House, Swimming Pool and Pool House

Level 1

19/1/17 to 1/2/17

 

 

Delegated Authority

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Report No. 13.11         PLANNING - 10.2016.681.1 - Multi dwelling housing comprising of 3 new dwellings and retention of existing dwelling and strata subdivision at 9 Byron St Mullumbimby

Directorate:                 Sustainable Environment and Economy

Report Author:           Clyde Treadwell, Planner

File No:                        I2017/228

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

 

Proposal description:

Multi Dwelling Housing Comprising of Three (3) New Dwellings and Retention of Existing Dwelling and Strata Subdivision

Property description:

LOT: C DP: 370137

9 Byron Street MULLUMBIMBY

Parcel No/s:

8360

Applicant:

Ardill Payne & Partners

Owner:

Mrs R Taylor

Zoning:

R2 Low Density Residential

Date received:

14 October 2016

Integrated Development:

No

Public notification or exhibition:

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

 

Exhibition period: 03/11/16 to 16/11/16

 

Submissions received: Six

Other approvals (S68/138):

Not applicable

Planning Review Committee:

1/12/16 – DA to be determined by Council

Delegation to determination:

Council

 

Issues:

·    Impacts on Heritage Conservation Area

·    Side and Rear boundary setback encroachments

·    Encroachments- Building Height Planes

·    Privacy, Amenity and Character of area impacts

·    Traffic generation, parking and access.

 

 

Summary:

 

The application seeks development consent for the construction of three dwellings in the rear yard of an existing dwelling (to create a multi dwelling housing development containing a total of 4 dwellings) and Strata Title subdivision of the 4 dwellings. The property has a total area of 1644 m2 and is within close walking distance to the town centre and other amenities.

It is proposed to stage the development by first undertaking a two lot Strata Title subdivision to separate the existing dwelling from the rear section of the lot (to create a vacant Strata development lot) and to then construct 3 new dwellings on the vacant Strata lot. The 3 new dwellings will be subject of a further Strata Title subdivision.

 

The proposal is generally consistent with Council’s planning controls however minor variations were sought to vary the building height plane and setbacks and are supported in this instance.  The proposal is a reasonable response to the site and is unlikely to generate deleterious impacts upon the built or natural environment or the amenity of the locality having regards to its location within the Mullumbimby township. The application is recommended for approval subject to conditions of consent.

 

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 80 of the Environmental Planning & Assessment Act 1979, development application 10.2016.681.1 for Multi Dwelling Housing Comprising of Three (3) New Dwellings and Retention of Existing Dwelling and Strata Subdivision, be granted consent subject to the conditions listed in Attachment 2 #E2017/14398.

 

 

 

Attachments:

 

1        Proposed Plans 10.2016.681.1 multi dwelling housing 9 Byron Street Mullumbimby, E2017/15388

2        Conditions of consent 9 Byron Street, Mullumbimby, E2017/14398

3        Confidential - submissions received 9 Byron Street, Mullumbimby , E2017/14434  

 

 


Assessment:

 

1.         INTRODUCTION

 

1.1.          History/Background

 

The subject land is an L shaped allotment with an area of 1644m2 and a frontage of about 18.5m frontage to Byron Street. A double storey composite brick and weatherboard clad tiled roof dwelling and associated landscaping improvements exist on the site.

 

A building application 71/2019 exists for the site – however this is for additions and alterations to the dwelling house as its style, materials and construction methods are typical of dwellings built some 60 to 80 years ago.

 

1.2.          Description of the proposed development

 

The application seeks development consent for the construction of three dwellings (2x2 bedroom and 1 x 3 bedroom) in the rear yard of an existing dwelling (to create a multi dwelling housing development containing 4 dwellings) and Strata Title subdivision of the 4 dwellings.

It is proposed to stage the development by first undertaking a two lot Strata Title subdivision to separate the existing dwelling from the rear section of the lot (to create a vacant Strata lot) and to then construct 3 new dwellings on the vacant Strata lot. The 3 new dwellings will then be subject of further Strata Title subdivision.

Stage 1: Two lot Strata Title subdivision

Stage 2: Construct 3 new dwellings (3-bedrooms each)

Stage 3: Strata Title subdivision of the three new dwellings.

 

The proposal is shown on the following plan:

 

1.3.          Description of the site

 

Land is legally described as LOT: C DP: 370137.

Property address is 9 Byron Street MULLUMBIMBY

Land is Zoned: R2 Low Density Residential

Land area is: 1644 m2

Property is constrained by:

 

·    Flood prone land;

·    Acid sulfate soils – Class 4.

·    Heritage conservation area

 

The property is generally level and contains no topographic features of note.

 

2.         SUMMARY OF REFERRALS

 

Referral

Issue

Environmental Health Officer

No objections subject to conditions.

Development Engineer

No objections subject to conditions.

S64 / Systems Planning Officer

No objections subject to conditions.

S94 / Contributions Officer

No objections subject to conditions.

Heritage Advisor

No objections subject to conditions.

Conditions provided in the above referral are included in the Recommendation of this Report below

 

Issues:

 

Acid Sulfate Soils

 

The site is mapped as Class 4 Acid Sulfate Soils (ASS). There are no works associated with the proposal that are likely to disturb soils beyond 2m below existing ground level, therefore there is no requirement to undertake an ASS investigation.

 

Contaminated Land

 

The subject site is within an existing residential area within Mullumbimby. The existing dwelling is approximately 60 years old. A site inspection on 9 November 2016 did not reveal any evidence of visual contamination and is not within any investigation zones to Dip sites. A review of council’s contamination register did not identify any contamination uses/s on the subject site.

 

The proposed development will not result in an increase in sensitivity. Based on a review of Council’s database, the history of the site within an existing residential precinct and site inspection no further investigation into current or past contamination is warranted.

 

Additional Water & Sewer ET Load

An assessment of the additional use (load) generated by the development has been undertaken.

 

 

Water

Sewer

Existing ET Entitlements (Table 1)

1

1

Proposed Development ET loading (Table 2)

3.2

4.0

Additional ET loading

2.2

3.0

 

Therefore, this development generates an additional load onto Councils Water and Sewer System

 

Council requires Payment of Developer Servicing Charges (prior to issue of a construction certificate) of:

·    2.2 ET for Water &

·    3.0 ET for Sewer.

 

Section 94 Developer Contributions

 

This development will generate a demand for additional public facilities. A condition of consent should be imposed requiring the payment of contributions. The creation of a vacant strata lot will require the payment of a 1 SDU.

 

The erection of the dwellings on the strata lot will generate a demand for additional public facilities and a condition of consent should be imposed on the consent to require the payment of contributions prior to the release of a construction certificate.

 

Heritage

 

From a heritage perspective the following applies to the proposal:

 

 

Council’s heritage advisor states that:

 

Whilst the proposal will change the character of the site, the proposal is not likely to create any adverse impacts on the assessed heritage values of the Mullumbimby Heritage Conservation Area.

 

Consideration to the character of the location and the impact of the proposal was carried out by Council staff. The existing dwelling is to be retained and thus the current streetscape and character of Byron Street will be maintained as the development is located at the rear of the subject land. The main visual impact is viewing the access driveway from Byron Street.

 

It is important to note that the existing character of Bryon Street is dominated by dwellings representative of more recent times and built of brick and tile. More traditional timber heritage buildings front Jubilee Avenue. No 11 Byron Street has some heritage merit but has been significantly modified.

 

The allotments in this part of Byron Street are of varied width and do not reflect a distinct historic layout nor provide a historic streetscape. The proposed two storey dwellings have a low pitched gable roof to reduce the height impact - a steeper pitch would better reflect a traditional heritage form.

The single storey dwelling is not typically local in character, however as this building is not visible from the street and is similar in form to the existing dwelling it is located behind, any character and amenity impacts are diminished.

 

 

3.         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 not bush fire prone land.

 

4.         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.

 

4.1       State Environmental Planning Instruments

 

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy No 71—Coastal Protection

Consideration: Clause 8 lists the matters for consideration when determining a development application on land to which SEPP 71 applies. The proposal does not involve the removal or direct disturbance of high conservation value vegetation and proposes some vegetation to be cleared. The site is also fully serviced and will not have an impact on the coast or coastal waterways. It is considered the proposal raises no issues under SEPP 71.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Consideration: This SEPP applies to the proposal as it is residential in nature. The application is accompanied by an assessment and certification using the Australian Building Sustainability Association ABSA certification No1010214052 dated 13/10/2016 and BASIX certificate No767429M for Multi Dwelling, dated 13 October 2016. These certificates indicate that the proposed works meet the requirements for sustainability.

 

4.2A  Byron Local Environmental Plan 2014 (LEP 2014)

 

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

 

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 proposed development is defined in the LEP 2014 Dictionary as Multi dwelling housing;

(b)     The land is within the R2 Low Density Residential according to the Land Zoning Map;

(c)     The proposed development is permitted with consent; and

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

 

Zone Objective

Consideration

To provide for the housing needs of the community within a low density residential environment.

A multi dwelling development is consistent with the provision of a variety of housing choice and an increase in the delivery of housing stock to the community – ie providing for the housing needs of the community.

 

The remaining underlined 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).

 

Land Use Table

Multi Dwelling Housing’ is permitted pursuant to consent within the R2 – Low Density Residential zone. The proposed development complies with the objectives of the R2 – Low Density Residential zone, providing housing that satisfies the housing needs of the community.

 

Clause 4.1E – Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings

Pursuant to clause 4.1E multi dwelling housing within land zoned R2 Low Density Residential must be sited on allotments 1,000m² or greater. This site is above the minimum lot size required, being in excess of 1600m², thus multi dwelling housing is a permissible use on the subject site.

 

Clause 4.3 - Height of Buildings

 

The LEP Height of Buildings Map identifies the site as having a maximum height of 9 metres. The proposed double storey dwellings of the development have a height of 6.4 metres and thus comply with the clause.

 

Clause 4.4 – Floor Space Ratio & Clause 4.5 – Calculation of Floor Space Ratio and Site Area

 

The LEP Floor Space Ratio (FSR) Map identifies the site as having a maximum FSR of 0.5. The site has an area of 1,644m2. The proposed development has a total gross floor area of 798m2, thus the development has an FSR of 0.485 which complies with the maximum FSR established in the LEP.

 

Clause 5.5 – Development within the Coastal Zone.

 

The proposed development does not:

·    alter any existing pedestrian access to or along the coastal foreshore;

·    impact on natural scenic quality as the development is within an area that urban development currently exists and is not likely to impact on land or water based coastal activities;

·    impact on the amenity of any coastal foreshore area;

·    detract from the scenic quality of the coast;

·    adversely impact on biodiversity or ecosystems;

·    impede or diminish public access to or along coastal foreshore areas;

·    have on site effluent disposal (it will utilise Council reticulated system);

·    impact, or be impacted by coastal hazards.

 

Clause 5.9 – Preservation of trees or vegetation

 

The proposed development will necessitate the removal of

·    ten (10) trees; including Kentia Palms and 3 non native trees; that are less than 3 metres in height and

·    three (3) trees; including a macadamia tree and a non native tree; that are greater than 3 metres in height.

 

Clause 5.10 - Heritage Conservation

 

To ensure that the proposal was considered in accordance with this clause of the LEP the application was referred to Council’s Heritage Advisor. The heritage advisor undertook a site inspection on the 9 December 2016 and prepared a heritage assessment report. The heritage assessment report was an analysis of the potential impacts of the proposed development on the Mullumbimby Heritage Conservation Area. The heritage advisor concluded that:

 

“Whilst the proposal will change the character of the site, the proposal is not likely to create any adverse impacts on the assessed heritage values of the Mullumbimby Heritage Conservation Area.”

 

Council officers have also considered the prevailing character of the Byron Street locality and consider that with the retention of the existing dwelling fronting Byron Street and the proposed development being discreetly positioned at the rear of the site, no significant adverse impact on the character and amenity of the conservation area is likely to result.

 

Clause 6.3 - Flooding

 

To ensure that the proposal was considered in accordance with this clause of the LEP the application was referred to Council’s Development Engineers. Conditions of consent are recommended to ensure minimum floor levels are achieved.

 

4.2B  Byron Local Environmental Plan 1988 (LEP 1988)

 

LEP 1988 is not an applicable matter for consideration in the assessment of the subject development application.

 

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

 

Draft SEPP (Coastal Management) 2016

The Draft Coastal Management State Environmental Planning Policy (SEPP) proposes to establish a new, strategic land use planning framework for coastal management. It is intended to support the implementation of the management objectives set out in the Coastal Management Act 2016.

Once adopted, the Coastal Management SEPP will be the single land use planning policy for coastal development and will bring together and modernise provisions from SEPP 14 (Coastal Wetlands), SEPP 26 (Littoral Rainforests) and SEPP 71 (Coastal Protection).

The aim of the Draft SEPP is to promote an integrated and co-ordinated approach to planning in the ‘Coastal Zone’, identifying four coastal management areas:

·    coastal wetlands and littoral rainforests area

·    coastal environment area;

·    coastal use area; and

·    coastal vulnerability area.

Part of the western edge of the subject site is mapped within the coastal environment area. The whole of the site is mapped as being within the coastal use area.

 

The draft provisions for consideration of development within these areas generally reflect the existing matters for consideration currently outlined in SEPP 71 and under Section 79(c) of the EPA Act 1979 and have been assessed elsewhere in this report.

 

 

 

4.4A  Byron Shire Development Control Plan 2014 (DCP 2014)

 

DCP 2014 is an applicable matter for consideration in the assessment of the subject development 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 proposed development:

 

Part A

Under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications Level 2 advertising was carried out for the proposal.

 

The application’s exhibition period was: 03/11/16 to 16/11/16

 

Submissions received: Six

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 underlined 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).

 

DCP 2014 Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access

 

Access to the rear three units is off Byron Street, in a location to the area north of the existing dwelling house. Byron Street is in poor to fair condition in front of the subject lot. Byron Street is to be upgraded to 4 metre wide bitumen sealed for a length of approximately 25m tying in with the previously upgrade pavement in front of Lot C DP 370137.

 

A new driveway and driveway cross over will be required to service the rear three lots. A sealed driveway is also required for the existing dwelling. Turning circles were requested to ensure cars can enter and exit in a forward direction. These were submitted and indicate there is sufficient room on site to design an adequate manoeuvring area.

 

Car parking and access is considered acceptable for the development.

 

DCP 2014 Chapter C1 Non-Indigenous Heritage

 

To ensure that the proposal was considered in accordance with this clause of the DCP the application was referred to Council’s Heritage Advisor. The heritage advisor concluded that the proposal is not likely to create any adverse impacts on the heritage values of the Mullumbimby Heritage Conservation Area.”

 

DCP 2014 Chapter D1 Residential Accommodation In Urban, Village and Special Purposes Zones

 

The proposal has been considered in accordance with this clause of the DCP, refer to Section 4.10 of this report where the relevant sections of the DCP are considered in greater detail.

 

4.4B  Byron Shire Development Control Plan 2010 (DCP 2010)

 

DCP 2010 is not an applicable matter for consideration in the assessment of the subject development application.

 

4.5       Any Planning Agreement or Draft Planning Agreement?

 

 

Yes

No

Is there any applicable planning agreement or draft planning agreement?

Consideration: Not applicable to the proposal.

 

4.6       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

Yes

Yes

Yes

93

No

N/A

N/A

94

No

N/A

N/A

94A

No

N/A

N/A

 

*Appropriate comments and reference to the Coastal Policy are made throughout this document.

 

4.7       Any coastal zone management plan?

 

 

Satisfactory

Unsatisfactory

Not applicable

Is there any applicable coastal zone management plan?

Consideration: the draft Byron Coastal Zone Management Plan does not apply to this locality.

 

4.8       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.

 

Are there any Council Policies that are applicable to the proposed development?

 

Many of Council’s development-related policies do not apply to the proposed development. Those that are relevant have been considered in this assessment report.

 

4.9       The suitability of the site for the development

 

There are several constraints that impact the site. The following table provides comments on the way these constraints can be mitigated.

Issue

Comment

Flooding

The applicable Flood Study is the  North Byron Coastal Creeks Flood Study 2016. This document demonstrates the following:

 

2050 100 Yr ARI WSL                     =       4.94m AHD

2050 FPL                                                           =        5.45m AHD

10 Yr ARI WSL                                                  =        4.5m AHD

10 Yr FPL (non habitable rooms)                      =        4.8m AHD

Proposed FFL                                                    =        not shown.

1% AEP Flood Velocity                                     =        0.3 m/s

Level of Land                                                     =        4.25-4.5m AHD

Flood Hazard                                                     =        Low

 

The flood planning level for this development is 5.45m A.H.D.

 

Proposed Units 1 and 2 (the two storey units) are shown to each have a large ground floor area, about 49m2 in size, nominated as “store” on the plans. These areas are potentially below the minimum floor flood level they are not to be used as habitable rooms. An appropriate condition will be applied to say that this area is not to be used for habitable room purposes and the associated plans are to be notated to modify the store to provide openings in the dividing wall between the store and garage.

Acid Sulfate Soils

While the site is mapped as Class 4 Acid Sulfate Soils (ASS), the proposal is unlikely to disturb ASS soils and therefore there is no requirement to undertake an ASS investigation.

Heritage Conservation Area

To ensure that the proposal accords with Heritage provisions the application was referred to Council’s Heritage Advisor. The heritage advisor undertook a site inspection and prepared a heritage assessment report of the application. The heritage advisor concluded that the proposal is not likely to create any adverse impacts on the heritage values of the Mullumbimby Heritage Conservation Area.

 

 

4.10     Submissions made in accordance with this Act or the regulations

 

The development application was publicly exhibited with Council receiving 6 objections.

 

The submissions made raised the following matters:

 

1.   Impact on Heritage including:

 

·    overdevelopment of land in a heritage conservation area;

·    decrease in heritage significance

 

Comment: the application was referred to Council’s Heritage Advisor for expert analysis of the impacts of the proposed development on the Mullumbimby Heritage Conservation Area. The heritage advisor carried out a site inspection on the 9 December 2016 and prepared a heritage assessment report. This report concluded that:

 

“Whilst the proposal will change the character of the site, the proposal is not likely to create any adverse impacts on the assessed heritage values of the Mullumbimby Heritage Conservation Area.”

 

Council officers have assessed the current character of the Byron Street locality and consider that,  with the retention of the existing dwelling fronting Byron Street and the proposed development being positioned discreetly at the rear of the site, no significant adverse impact on the character and amenity of the conservation area is likely to result.

 

2.   Amenity and Privacy Impacts on adjoining lands, including:

 

i)          2 storey development out of character

 

Comment: the existing house on the subject site is effectively the height of a two storey dwelling. The adjoining dwelling (No. 7 Byron Street) is also of 2 storey construction. Therefore 2 storey development is not out of character in the context of existing development

 

·    impact neighbouring property’s amenity

 

Comment: the proposal will change the character and amenity of the area and that of existing adjoining development. Therefore 2 storey development is not out of character in the context of existing prevailing development in the locality.

 

ii)         Loss of vegetation

 

Comment: the proposal indicates that it is necessary to remove ten (10) trees; including Kentia Palms and 3 non native trees; that are less than 3 metres in height and three (3) trees; including a macadamia tree and a non native tree; that are greater than 3 metres in height. These trees are not considered significant from a heritage or visual perspective. The vegetation removal will not have a significant adverse impact on biodiversity conservation.

 

iii)         Encroaches Building Height Plane

 

Comment: the proposal indicates several encroachments into the Building Height Plane (BHP). The application indicates that these non compliances are a result of raising the floor levels of the units to comply with flood height requirements.

 

Existing House

 

The existing house currently has minor encroachments on the BHP to the south – impacting No 11 Byron Street. This will remain the case.

 

To the West of the proposed Units

 

Under the proposal the existing dwelling will also impact the BHP on its western boundary – impacting the proposed internal driveway servicing the three (3) new units.

 

Proposed Units 1, 2 and 3 will all impact the BHP on the lands to the west of the subject site. The impacts of these encroachments are from an overshadowing and privacy perspective. It should be noted that the existing dwellings on the lands adjoining to the west (fronting Jubilee Avenue) are separated from the proposed units by about 22 metres. Therefore the privacy and overshadowing created are not significant adverse impacts.

 

Proposed Unit three, while only single storey is located closer to the western boundary and will therefore provide the biggest potential impact on the rear yard of the adjoining land, however the windows on this elevation are either high lite windows to bedrooms or small windows to bathrooms, thus it is unlikely that any major privacy impacts will result to the rear yard of the adjoining land from proposed Unit 3.

 

The impacts from proposed units 1 & 2 are also somewhat reduced by virtue of the 2.45 metre boundary setback to the western boundary. The proposed units will produce mostly minor overshadowing and very limited overviewing opportunities on adjoining lands, this encroachment can be permitted in accordance with the provisions of D1.2.2 2b) ii).

 

To the East and North of the proposed Units

 

Unit 1 and 2 are unlikely to create any overshadowing of adjacent lands to the east –except the common driveway for the development.

 

From an overviewing perspective Unit 1 will overview the rear yard and clothes line area of No 7 Byron Street from the verandah/deck and kitchen area. The deck is setback 4 metres from the northern boundary. The encroachment into the BHP here can be measured in millimetres, this encroachment can be permitted in accordance with the provisions of D1.2.2 2b) ii).

 

Unit 2 will overview the rear yard and clothes line area of No 11 Byron Street from the verandah/deck, living room and kitchen area. The unit is setback 5.8 metres from the eastern boundary. There is no encroachment into the BHP on this elevation from this unit. The unit accords with the setback provisions of D1.2.2 of the DCP.

 

Unit 3 – encroaches into the BHP on the eastern boundary. There is also a 3.1 metre wide and 1.2m elevated verandah that can view to the east. To ensure the privacy of No 11 Byron Street is maintained from Unit 3, an appropriate privacy screen will be required. The rooms on the eastern side of Unit 3 either, in the case of the kitchen do not have windows facing the east; or in the case of the garage have high light windows that do not facilitate overviewing. The encroachment into the BHP to the eastern elevation of Unit 3 can be appropriately mitigated and thus this encroachment can be permitted in accordance with the provisions of D1.2.2 2b) ii).

 

iv)        Balconies on 2 storey Units enable overviewing of adjoining lands

 

Comment: As previously stated, Unit 1 will be able to overview the rear yard and clothes line area of No 7 Byron Street from the verandah/deck. The deck is setback 4 metres from the northern boundary. The Unit encroaches the BHP, however this can be measured in millimetres, this encroachment can be permitted in accordance with the provisions of D1.2.2 2b) ii). The setback would assist in facilitating reduced overviewing.

 

Unit 2 will overview the rear yard and clothes line area of No 11 Byron Street from its verandah/deck area. The unit is setback 5.8 metres from the eastern boundary. There is no encroachment into the BHP on this elevation from this unit. The unit accords with the setback provisions of D1.2.2 of the DCP.

 

 

v)         Noise

 

Comment: There will be a potential increase in noise from the construction and use of the proposed units. The noise generated in residential areas can be controlled under the POEO Act and with appropriate conditions of consent. Given the proposal is for a residential use it is expected that noise generation will be of a domestic nature and not dissimilar to the adjoining existing development.

 

vi)        No fencing/screening to adjoining lands

 

Comment: The application does not include any provisions for fencing or screening of the development. Given the development is located behind the rear of three adjoining properties it is appropriate to require the development to provide dividing fences between the various allotments.

 

vii)       Inadequate landscaping

 

Comment: The application includes drawing number 103 that shows the areas provided for landscaping within the development. Given the development is located behind the rear of three adjoining properties it is appropriate to require the development to provide a detailed landscape plan in accordance with the provisions of DCP Chapter B9. Such a landscape plan would need to be submitted and approved as part of the required construction certificate process. The site has appropriate and available areas to enable suitable provision of landscaping.

 

viii)       Floor Space Ratio calculations

 

Comment: The LEP Floor Space Ratio (FSR) Map identifies the site as having a maximum FSR of 0.5. The site has an area of 1,644m2. The proposed development has a total gross floor area of 798m2, thus the development has an FSR of 0.485 which complies with the maximum established in the LEP.

 

ix)        Private open space

 

Comment: Each of the proposed new Units comply with the provisions of D1.6.1 – relating to private open space courtyards and this does not include areas required for landscaping.

 

x)         Safe pedestrian access

 

Comment: while the application does not address safe pedestrian access, it is not a matter than justifies outright refusal of the application. It is a matter that can readily be facilitated through a development consent.

 

xi)        Privacy loss

 

Comment: this is addressed in the comments to this report above.

 

xii)       Stormwater drainage

 

Comment: A concept Stormwater Water Management Plan was submitted with the application. This plan is acceptable. Amendments are anticipated when detail design is assessed but there is room for modifications on site. If required the street swale invert is able to be regraded and lowered for a length to make the site drainage work.

 

 

 

xiii)       Parking provision

 

Comment: the rate of provision of car parking for the development is satisfactory and complies with the requirements specified in the DCP.

 

xiv)      Intersection – increase in traffic – decrease in function- increase in danger

 

Comment: Byron Street is in poor to fair condition in front of the subject lot. Byron Street will need to be upgraded to 4m wide bitumen sealed for a length of approximately 25m tying in with the previously upgraded pavement in front of the neighbouring lot. Council’s development engineers indicate the increase in traffic is minimal and will not have any significant impact on the surrounding road network.

 

xv)       Does not accord with the Mullumbimby Settlement Strategy (MSS)

 

Comment: An Outcome of the MSS is to “Permit medium density development to consolidate the centre of the town, locate population close to services, permit garden flats to diversify housing stock and cater to changing demographics.” The proposed development accords with this provision.

 

The proposal also accords with the Outcome of the MSS which states: retain heritage character, two-storey height limit, support shop-top housing, allow mixed use development that incorporates a shop front, address parking and community facilities through the review of Section 94 plan, include guidelines in the review of Development Control Plan No. 11 -Mullumbimby, retain contributory housing and allow commercial reuse where appropriate.

 

The proposal also accords with the MSS Outcome which: Amend existing definitions. Limit multi-dwelling developments to areas close to the town centre. The proposed development accords with the provisions of DCP 2014 Chapter E3 – Mullumbimby which integrated the provisions of the Mullumbimby Settlement Strategy.

 

4.11     Public interest

 

The proposed development is unlikely to prejudice or compromise the public interest or create a significant undesirable precedent.

 

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

 

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 proposed development.

 

4.13     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.

 

5.         DEVELOPER CONTRIBUTIONS

 

5.1       Water & Sewer Levies

 

Section 64 levies will be payable.

 

5.2       Section 94 Contributions

 

Section 94 Contributions will be payable.

 

6.         CONCLUSION

 

The application seeks development consent for the construction of three dwellings in the rear yard of an existing dwelling (to create a multi dwelling housing development containing a total of 4 dwellings) The dwellings will be subdivided under Strata Title subdivision of the 4 dwellings.

The proposal will result in a yield of 1 dwelling per 411 m2 and generally represents a good utilisation of vacant urban land. The average current prevailing density of the adjoining lots is approximately 1 dwelling per 668 m2 . The dwellings are modest in floor area and are not out of character with existing residential development in the locality.

 

The proposed development is consistent with the relevant environmental planning instruments and planning controls applicable to the site. The proposal raises no significant issues in terms of environmental impacts which cannot be managed and the site is considered suitable for the development. The application is recommended for approval subject to conditions of consent.

 

7.         RECOMMENDATION

 

It is recommended that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2016.681.1 for Multi Dwelling Housing Comprising of Three (3) New Dwellings and Retention of Existing Dwelling and Strata Subdivision, be granted consent subject to the following conditions:

 

8.         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 Sustainable Environment and Economy Division.

No

 

Provide Disclosure Statement register details here: Not applicable

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Report No. 13.12         Report of the Planning Review Committee Meeting held on 21 February, 2017

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Major Projects Planner

File No:                        I2017/237

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report provides the outcome of the Planning Review Committee Meeting held on 21 February, 2017.

 

 

  

RECOMMENDATION:

That Council note the report.

 

 

 


 

Report:

 

The meeting commenced at 1.00pm and concluded at 1:30pm.

 

Present: Crs, Hunter, Hackett, Richardson,

Staff:  Chris Larkin (Major Projects Planner).

Apologies: Crs Ndiaye, Spooner, Martin.

 

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

 

DA No.