BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
23 March 2017
The following items are listed in the order in which they were dealt with.
Report No. 13.1 Operational Plan 2016/17 - Progress Report
Report No. 13.2 National General Assembly of Local Government 2017
Report No. 13.3 Australia Day PRG Finalisation of the 2017 Group and Commencement of the 2018 Group
Report No. 13.4 Youth Program Review
Report No. 13.5 Council Investments February 2017
Report No. 13.10 Report of the Planning Review Committee Meeting held on 31 January, 2017
Report No. 13.12 Report of the Planning Review Committee Meeting held on 21 February, 2017
Report No. 13.16 West Byron Development Control Plan (DCP) - process update
Report No. 13.17 Council Part Road Reserve Closure Byron Bay Memorial Pool
Report No. 16.1 CONFIDENTIAL - Information Technology Technical Analyst Panel - 2017-0001
Notice of Motion No. 9.4 Bangalow Truck Movements
Notice of Motion No. 9.1 Koala Road-kill Mitigation
Notice of Motion No. 9.2 Belongil Beach Signage
Report No. 13.8 Enforcement of Dog and Cat Free Estates
Report No. 13.15 Report update - Planning Proposal for Short Term Rental Accommodation
Report No. 13.7 Council's Low Carbon Target
Notice of Motion No. 9.3 Natural Environment Team
Notice of Motion No. 9.5 Revisiting R5 Zone Lot Size
Notice of Motion No. 9.6 Erosion at Clarkes Beach
Petition No. 10.1 Byron Residents Reject Rate Rise
Report No. 11.1 Submissions and Grants
Delegates' Report No. 1 NSW Tourism Conference, Taree 12-14 March 2017............................... 16
Delegates' Report No. 2. Rail Corridor Meeting................................................................................. 17
Urgency MotionNo. 1Byron Bay Rail Corridor
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 23 March 2017
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday,
23 March 2017 COMMENCING AT 9.10AM AND CONCLUDING AT
5.45PM
I2017/347
PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark Arnold (Acting General Manager)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Services Coordinator)
Kim Mallee (Sustainability Officer, Report 13.7)
Clyde Treadwell (Planner, Report 13.11)
Mila Jones/David Royston-Jennings (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
9.4 Bangalow Truck Movements
Tony Hart, representing the Bangalow Progress Association, addressed Council against the recommendation.
9.5 Revisiting R5 Zone Lot Size
Bernard Grinberg addressed Council in favour of the recommendation.
9.6 Erosion at Clarkes Beach
Gerard Braithwaite addressed Council in favour of the recommendation.
13.4 Youth Program Review
Teeya Blatt, representing the Byron Youth Service, addressed Council in favour of the alternative recommendation.
13.9 DA 10.2016.575.1 469 Middle Pocket Road, Middle Pocket
Brian Restall addressed Council in favour of the recommendation.
Ray Linabury, Keryn Simpson, Sharon Kelly and Lani Jensen addressed Council against the recommendation.
13.11 DA 10.2016.681.1 9 Byron St, Mullumbimby
Lucy Bennett, representing Ardill Payne & Partners addressed Council in favour of the recommendation.
Stephen and Catherine Edmonds addressed Council against the recommendation.
13.15 Report update - Planning Proposal for Short Term Rental Accommodation
Doug Luke and David Wallace, representing Victims of Holiday Letting, addressed Council against the recommendation.
Submission No. 1 New Lease Update
Ralph Mamone made a submission to Council regarding a new long term lease for Fishheads Pty Ltd.
The meeting adjourned at 10.47am and reconvened at 11.12am.
There were no apologies.
There were no requests for leave of absence.
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the following meetings be confirmed: · Ordinary Meeting held 23 February 2017 · Byron Shire Reserve Trust Committee held 23 February 2017 (Hunter/Spooner)
The motion was put to the vote and declared carried. |
Reservation of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
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
Report No. 13.7 Council's Low Carbon Target
Report No. 13.8 Enforcement of Dog and Cat Free Estates
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
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
Report No. 13.14 PLANNING - 10.2016.423.1 Multi Dwelling Housing eight townhouses at 4 - 6 Roundhouse Place Ocean Shores
Report No. 13.15 Report update - Planning Proposal for Short Term Rental Accommodation
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Lyon. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 17-063 and concluding with Resolution No. 17-076.
Staff Reports - Corporate and Community Services
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Report No. 13.1 Operational Plan 2016/17 - Progress Report File No: I2017/34
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Resolved that Council note the 6-month progress report (E2017/14830) on the Operational Plan 2016/17. (Richardson/Lyon) |
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Report No. 13.2 National General Assembly of Local Government 2017 File No: I2017/210
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1. That Council authorise two 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.
2. That the voting delegate be determined at the next Council Meeting.
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/). (Richardson/Lyon)
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Staff Reports - Sustainable Environment and Economy
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Report No. 13.10 Report of the Planning Review Committee Meeting held on 31 January, 2017 File No: I2017/141
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Report No. 13.12 Report of the Planning Review Committee Meeting held on 21 February, 2017 File No: I2017/237
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Resolved that Council note the report. (Richardson/Lyon) |
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Report No. 13.16 West Byron Development Control Plan (DCP) - process update File No: I2017/299
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Staff Reports - Infrastructure Services
COMMITTEE Reports - Infrastructure Services
CONFIDENTIAL Reports - Corporate and Community Services
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Procedural Motion
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Resolved that Council change the order of business to deal with items 9.4 and 13.9 next on the Agenda. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
There was no Mayoral Minute.
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Notice of Motion No. 9.4 Bangalow Truck Movements File No: I2017/318
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1. 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.
2. That this limitation is to consider the size of trucks and the possible times of restricting truck access to these roadways.
3. That consideration of limiting truck movements as described in this motion be considered as part of the Bangalow Town Centre Master Plan and the need for collecting supporting data to be included in any traffic study undertaken for this plan." (Spooner/Hackett)
The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
AMENDMENT
Moved: 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 with the following amendments:
1. the distillery is not to produce ready-to-drink products or similar
2. hours of operation for the industrial retail outlet or deliveries to and from the outlet are limited to 10am to 2pm for a maximum of 2 days per week (Spooner/Hackett)
The amendment was put to the vote and declared lost.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson and Cameron voted against the amendment.
Crs Hackett, Spooner and Hunter voted in favour of the amendment.
The motion was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted against the motion.
No Councillors voted against the motion.
Notices of Motion
AMENDMENT
The amendment was put to the vote and declared carried.
Crs Cameron, Hackett, Spooner and Hunter voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
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Procedural Motion
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Resolved that Council change the order of business to deal with Reports 13.8 and 13.15 next on the Agenda. (Richardson/Cameron) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
AMENDMENT
1. That Council note the comments made by Department of Planning and Environment about the submitted planning proposal.
2. That Council proceed with an amended planning proposal that reinstates exempt development provisions for short term rental accommodation into the Local Environmental Plan.
3. That Council refer the amended planning proposal to the Department of Planning and Environment for finalisation in accordance with the amended Gateway Determination.
4. That should in the meantime a state environmental planning policy not be produced by the department of planning and environment for the purposes of short term rental accommodation by 1 July 2017, Council lift its current moratorium on legal action against unauthorised tourist and visitor accommodation (illegal holiday letting).
5. That Council write to the department informing them of part 4.
6. That Council be provided a discussion paper / report to the May Council meeting on the available enforcement options against unauthorised tourist and visitor accommodation (illegal holiday letting) and to councillors as early as possible. (Richardson/Spooner) |
The amendment was put to the vote and declared carried.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
The meeting adjourned at 1.34pm and reconvened at 2.23pm.
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Procedural Motion |
Resolved that Council change the order of business to deal with Reports 13.7 next on the Agenda. (Richardson/Cameron) The motion was put to the vote and declared carried. |
Notices of Motion
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Notice of Motion No. 9.3 Natural Environment Team File No: I2017/313
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1. Publish a media release to promote its Natural Environment Team
2. That the media release include in particular the following initiatives that are current or commencing:
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. (Coorey/Ndiaye)
The motion was put to the vote and declared carried. |
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Procedural Motion
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Resolved that Council change the order of business to deal with Reports 13.11 next on the Agenda. (Richardson/Cameron) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
FORESHADOWED MOTION
Resolved that Council amend its procedures as follows: 1. Where a planning decision involves an assessment of heritage values for a heritage item and or heritage precinct, the assessment report of the Heritage Office be included as an attachment to the staff report as part of the Council agenda.
2. All diagrams, plans, illustrations and graphics included in a report or attachment to a Council meeting be provided in a digital format and of a higher enough resolution or quality to ensure that all details on such are legible.
3. That the template report for planning assessments in Council reports be reviewed to ensure that there is sufficient information to ensure that Councillors are able to give appropriate consideration of matters and meet the tests for consideration of planning matters in legislation. (Cameron/Hackett) |
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Procedural MotionS
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Resolved that Cr Cameron be granted a two minute extension to his speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
Resolved that Council change the order of business to deal with Reports 13.6 next on the Agenda. (Richardson/Lyon)
The motion was put to the vote and declared carried. |
The motion (Cameron/Hackett) was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in favour of the motion.
No Councillors voted against the motion.
The meeting adjourned at 3.48pm and reconvened at 4.11pm.
Notices of Motion
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Procedural Motion
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Resolved that Cr Ndiaye be granted a two minute extension to her speech. (Richardson/Lyon) The motion was put to the vote and declared carried. |
The motion (Ndiaye/Richardson) was put to the vote and declared carried.
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Report No. 11.1 Submissions and Grants File No: I2017/90
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Resolved that Councillors note the report. (Cameron/Richardson) The motion was put to the vote and declared carried. |
1. NSW Tourism Conference, Taree 12-14 March 2017
Cr Lyon advised Council:
Simon and I went to the Tourism Conference and spent a few nights there. Firstly, it was cheap because we drove to Taree in the Mayoral car, so good savings there. We attended a dinner on the Saturday night and we were sat with some people from Destination NSW which was lucky and interesting. I had a good chat with someone regarding potential funding for aspects of the Byron line somewhere down the line through Destination NSW but not at the feasibility stage. Once we’ve got the feasibility through and we move into that stage from a tourism point of view there could be some good news there. My main reason for going was I’m very keen for us to build a coalition of Councils to look at implementing a bed tax and getting enough people on board to build pressure on State government, so I had quite a few conversations with possible partners. The response was somewhat underwhelming and this will be harder than I thought to do. Other Councils have a lot of different issues that they’re concerned about and this isn’t even close on their radar, so to get up enough people we’ll have to really pick and choose the key coastal councils that will be interested in that idea. Very much a work in progress.
The Mayor further advised:
I will just add that the tourism conference, I had a chat with Keith Rhoades – the head of LGNSW – about trying to get a meeting with either the Minister or the head of Destination NSW. He has offered to try to organise this and get it together as I alerted him to we’re looking to develop a regional alliance of Councils who aren’t getting any sort of buck, certainly compared to the bang we’re having in the tourist sectors. He was very supportive of that. We both also received some wonderful little virtual reality glasses, me and my children have been using them awesomely. Tourism ones would really bring heritage to life and Mullumbimby in particular should look into this. It’s an Opportunity for people to really get into heritage and sort of make it pop again.
2. Rail corridor meeting
Cr Richardson advised Council:
It was really good to work through the design brief and get RDA’s input into the type of language and focus we should be looking at – jobs, growth, etc., to help us so that when we get to the point of when we get the outcome of the consultants report and then look for funding if its shown to be viable that we actually are effective.
Staff Reports - Sustainable Environment and Economy
URGENCY MOTION
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Procedural Motion
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Resolved that Cr Coorey be granted a two minute extension to her speech. (Richardson/Hackett) The motion was put to the vote and declared carried. |
The motion (Coorey/Hackett) was put to the vote and declared lost.
Crs Martin, Lyon, Ndiaye, Richardson, Cameron and Hunter voted against the motion.
There being no further business the meeting concluded at 5.45pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 20 April 2017.
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