Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

 

Ordinary Meeting

 

 Thursday, 20 April 2017

 

 

 


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes

20 April 2017

 

 

INDEX OF ITEMS DISCUSSED

 

The following items are listed in the order in which they were dealt with.

 

Report No. 11.1       Byron Shire Council Current Grant Applications as at 29 March 2017. 5

Report No. 13.1       Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves - Commerical Sub-Licence Fees. 6

Report No. 13.2       Section 355 Committee - Resignations and Appointment of new members. 6

Report No. 13.4       Council Investments March 2017. 7

Report No. 13.8       Report of the Planning Review Committee Meeting held on 21 March, 2017. 7

Report No. 13.11     PLANNING - 10.2016.273.1 Multi Dwelling development plus Strata Subdivision, 21 Ballina Road Bangalow.. 7

Report No. 14.2       Report of the Local Traffic Committee Meeting held on 21 March 2017. 7

6.2         Events - ullum2Bruns Paddle - 28 May 2017 - Road One Way. 8

6.3         Regulatory Signage - Wilfred St 2 - No Stopping - Emergency Services. 9

7.1         Event - Byron St, Bangalow - Road Closure - Bangalow Billy Cart Derby 21 May 2017  9

7.2         Traffic - Events - Byron Bay Triathlon 13 May 2017 - Road Closures. 10

7.3         Traffic - Events - Byron Bay Blues Festival 13 to 17 April 2017. 11

8.1         DA - Splendour in the Grass, 21-23 July 2017. 11

Report No. 16.1          CONFIDENTIAL - Belongil Creek Bridge Pile Repairs and Corrosion Protection Works  12

Notice of Motion No. 9.3          Brunswick Heads Caravan Parks. 12

Notice of Motion No. 9.6          Review of Tyagarah Airstrip Planning Proposal 13

Report No. 13.6          Integrated Planning and Reporting - Public Exhibition 2017. 14

Report No. 13.10       PLANNING - Submissions Report - 26.2015.1.1 - Planning Proposal to permit a heliport and amend the minimum lot size at Tyagarah Airfield. 15

Report No. 13.12       Update West Byron Development Control Plan - Advice from the Minister for Planning  15

Report No. 13.13       Rural Land Use Strategy Implementation Plan. 16

Report No. 13.14       Erosion at Clarkes Beach, Byron Bay. 16

Mayoral Minute No. 8.1            Review of Natural Disaster Response Protocols. 17

Notice of Motion No. 9.1          Mayor's Discretionary Allowance. 18

Notice of Motion No. 9.2          All Abilities Beach Access Report 18

Notice of Motion No. 9.4          Withdrawal of Draft Coastal Zone Management Plan 2016. 19

Notice of Motion No. 9.5          Online Road Register 19

Report No. 13.3          National General Assembly of Local Government 2017. 20

Report No. 13.5          Landowners consent to Coastal Panel development applications for repair to existing rock protection at Belongil. 21

Report No. 13.7          Public Exhibition - Draft 2017/2018 Statement of Revenue Policy. 21

Report No. 13.9          Regulatory Impact Statement - Draft Biosecurity Regulations 2016. 22

Report No. 13.15       Multi Use of Rail Corridor Within Byron Shire. 22

Report No. 14.1          Report of the Water, Waste and Sewer Advisory Committee Meeting held on 2 March 2017  22

Question With Notice No. 15.1.. Unauthorised Short Term Holiday Accommodation. 23

Urgency Motion No. 1.... Upcoming conference attendance............................................................ 24

Urgency Motion No. 2.... Adani’s Carmichael Mine........................................................................... 25

Urgency Motion No. 3 ... Mullumbimby Hospital site......................................................................... 26


BYRON SHIRE COUNCIL

Ordinary Meeting Minutes                                                                               20 April 2017

 

 

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 20 April 2017 COMMENCING AT 9.05AM AND CONCLUDING AT 5.08PM

I2017/479

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:   Ken Gainger (General Manager)

            Mark Arnold (Director Corporate and Community Services)

            Phil Holloway (Director Infrastructure Services)

            Shannon Burt (Director Sustainable Environment and Economy)

            Mila Jones (Minute Taker)

 

The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.

 

 

Public Access

 

Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:

 

9.3       Brunswick Heads Caravan Parks

 

Leigh Rees, representing the Brunswick Heads Progress Association, and Patricia Warren, representing the Foreshore Protection Group, addressed Council in favour of the recommendation.

 

9.6       Review of Tyagarah Airstrip Planning Proposal

 

Matthew O'Reilly addressed Council in favour of the recommendation.

 

13.10   PLANNING - Submissions Report - 26.2015.1.1 - Planning Proposal to permit a heliport and amend the minimum lot size at Tyagarah Airfield

 

Matthew O'Reilly addressed Council against the recommendation.

 

11.1     Byron Shire Council Current Grant Applications

 

Matthew O'Reilly addressed Council against the recommendation.

 

13.6     Integrated Planning and Reporting - Public Exhibition 2017

 

Matthew O'Reilly addressed Council against the recommendation.

 

13.11   PLANNING - 10.2016.273.1 Multi Dwelling development plus Strata Subdivision, 21 Ballina Road Bangalow

 

Dwayne Roberts, representing Ardill Payne and Partners,  addressed Council in favour of the recommendation.

13.12   Update West Byron Development Control Plan - Advice from the Minister for Planning

 

Jo Faith addressed Council against the recommendation.

 

13.13   Rural Land Use Strategy Implementation Plan

 

Matthew O’Reilly addressed Council in favour of the recommendation.

Judith MacDonald, representing the Main Arm Rural Residents Association, addressed Council against the recommendation.

 

Procedural Motion

17-102

Resolved that Public Access be extended to 10.30am.                                     (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

 

13.14   Erosion at Clarkes Beach, Byron Bay

 

Gerard Braithwaite addressed Council against the recommendation.

 

Submission No. 1 DA 10.2017.78.1

Glenn Fox, representing the residents of Dandaloo Way Ocean Shores, made a submission to Council regarding Development Application 10.2017.78.1.

 

Question No. 1 Tyagarah Airfield

 

Matthew O’Reilly asked the following question:

 

Why is Council conducting environmental assessment for the three stages of vegetation removal at Tyagarah Airfield separately rather than in their entirety and why is the council not allowing public comment or oversight on these operations and the review of environmental factors that were prepared and why has council failed to obtain Development Applications for this vegetation removal despite councils own legal advice telling them a DA is required?

 

The Director Sustainable Environment and Economy took the question on notice.

 

The meeting adjourned at 10.30am and reconvened at 11.06am.

 

 

Apologies

There were no apologies.

 

 

Requests for Leave of Absence

 

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

 

17-103

Resolved that the minutes of the Ordinary Meeting held 20 April 2017 be confirmed.

(Coorey/Richardson)

The motion was put to the vote and declared carried.

 

 

Reservation of Items for Debate and Order of Business

 

The Mayor suspended standing orders to allow for items to be reserved for debate, being:

 

Staff Reports 

 

Corporate and Community Services

Report No. 13.3       National General Assembly of Local Government 2017

Report No. 13.5       Landowners consent to Coastal Panel development applications for repair to existing rock protection at Belongil.

Report No. 13.6       Integrated Planning and Reporting - Public Exhibition 2017

Report No. 13.7       Public Exhibition - Draft 2017/2018 Statement of Revenue Policy

 

Sustainable Environment and Economy

Report No. 13.9       Regulatory Impact Statement - Draft Biosecurity Regulations 2016

Report No. 13.10     PLANNING - Submissions Report - 26.2015.1.1 - Planning Proposal to permit a heliport and amend the minimum lot size at Tyagarah Airfield

Report No. 13.12     Update West Byron Development Control Plan - Advice from the Minister for Planning

Report No. 13.13     Rural Land Use Strategy Implementation Plan  

 

Infrastructure Services

Report No. 13.14     Erosion at Clarkes Beach, Byron Bay

Report No. 13.15     Multi Use of Rail Corridor Within Byron Shire  

 

Reports of Committees

 

Infrastructure Services

Report No. 14.1       Report of the Water, Waste and Sewer Advisory Committee Meeting held on 2 March 2017

 

The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Cameron. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 17-104 and concluding with Resolution No. 17-118.

 

 

SUBMISSIONS AND GRANTS

 

Report No. 11.1           Byron Shire Council Current Grant Applications as at 29 March 2017

File No:                        I2017/410

 

17-104

Resolved that Councillors note the report.                                                      (Richardson/Cameron)

 


 

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves - Commercial Sub-Licence Fees

File No:                        I2017/223

 

17-105

Resolved:

1.    That the  2017/2018 fees and charges be set for the following sub-licence fees for Class 2 commercial activities as follows:

 

·     Commercial surf schools $5,000 pa increase by CPI annually;

·     Personalised surf schools $2,270 pa increase by CPI annually;

·     Stand up Paddle Board schools $960 pa increase by CPI annually; and

·     Sea kayaks $25,000 pa increase by CPI annually.

 

2.    That Council adopts the 2017/2018 fees and charges for Class 2 commercial activities, and places the draft fees and charges on public exhibition for a period of 28 days; and

a)    should no submission be received, then adopt the fees and charges for the 2017/2018 financial year; or

b)    should any submissions be received that the submission be reported to Council.

(Richardson/Cameron)

 

 

 

Report No. 13.2           Section 355 Committee - Resignations and Appointment of new members

File No:                        I2017/329

 

17-106

Resolved:

1.    That the Cook Pioneer Centre Mullumbimby continue to receive assistance to find new members for the Management Committee.

 

2.    That Anthony Reardon be thanked for his work with the Cook Pioneer Centre Mullumbimby Committee and the Mullumbimby Civic Hall Board of Management.                                       

 

3.    That Shelagh Pepper, Noel Hart and Jay Pearse be thanked for their work with the Lone Goat Gallery Board of Management.

 

4.    That Dianne Pymble-Ward and Helen Graveson be thanked for their work with the Ocean Shores Community Centre Management Committee.  

 

5.    That Christine Willmott be appointed to the Senior Citizens Hall Byron Bay Management Committee.

 

6.    That Michelle Clark be thanked for her work on the South Golden Beach Community Centre Management Committee over a number of years and that Tony Horrigan be appointed to the South Golden Beach Community Centre Management Committee.

 

7.    That Council note that work is continuing with the Heritage House Bangalow Management Committee previous members to reactivate this committee or find alternative management solutions.                                                                                                   (Richardson/Cameron)

 

 

 

Report No. 13.4           Council Investments March 2017

File No:                        I2017/413

 

17-107

Resolved that the report listing Council’s investments and overall cash position as at 31 March 2017 be noted.                                                                                                 (Richardson/Cameron)

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.8           Report of the Planning Review Committee Meeting held on 21 March, 2017

File No:                        I2017/354

 

17-108

Resolved that Council note the report.                                                           (Richardson/Cameron)

 

 

Report No. 13.11         PLANNING - 10.2016.273.1 Multi Dwelling development plus Strata Subdivision, 21 Ballina Road Bangalow

File No:                        I2017/359

 

17-109

Resolved that, pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, development application 10.2016.273.1 for the subdivision of land and the construction of a multi-dwelling residential development (including staged strata subdivision), be granted approval subject to the conditions listed in Attachment 3 (#E2017/21284).                               (Richardson/Cameron)

The motion 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.

 

 

COMMITTEE Reports - Infrastructure Services

 

Report No. 14.2           Report of the Local Traffic Committee Meeting held on 21 March 2017

File No:                        I2017/445

 

17-110

Resolved that Council note the minutes of the Local Traffic Committee Meeting held on 21 March 2017.                                                                                                                (Richardson/Cameron)

 

17-111

Resolved that Council adopt the following Committee Recommendations:

Report No. 6.1 Traffic - Events - Anzac Day 2017 - Road Closures in Byron, Mullumbimby, Brunswick Heads, Bangalow

File No: I2017/154

 

Committee Recommendation 6.1.1

1.    That Council approve the Traffic Management Plan for the four ANZAC Day Marches for 25 April 2017 for the Return Services League sub branches of Byron Bay, Mullumbimby, Bangalow and Brunswick Heads / Billinudgel.

 

2.    That the approval provided in Part 1 is subject to:

 

a)    separate approvals by NSW Police and RMS being obtained, noting that the Bangalow event is on a state road or may impact the state road network

b)    implementation of the approved Traffic Management Plan and Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation

c)    that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

d)    the event be notified on Council’s webpage

e)    the event organiser:

i.     undertake consultation with community and affected businesses including adequate response / action to any raised concerns

ii.     undertake consultation with emergency services and any identified issues addressed

iii.    holding $20m public liability insurance cover which is valid for the event

iv.   paying Council’s Road Event Application Fee prior to the event

v.    that a debrief be held within two weeks of the event involving staff, Police (if they had incidents) and traffic controllers

 

3.    That Council:

 

a)    assists where requested with implementing the necessary temporary road closures and detours

b)    places a public notice advertisements in a local weekly newspaper which is circulated prior to the event and a copy of which is placed on Council’s web site

c)    write to the applicants, RSL sub-branches at Byron Bay, Bangalow, Brunswick Heads and Mullumbimby asking them to have their requests for their 2018 events to Council by 08 January 2018.

 

4.    That the approvals provided above are subject to NSW Police approval being obtained and that each event is undertaken either under Police escort and/or traffic control and/or Council’s implemented traffic control.                                                                      (Richardson/Cameron)

 

17-112

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 6.2    Events - Mullum2Bruns Paddle - 28 May 2017 - Road One Way

File No: I2017/156

 

Committee Recommendation 6.2.1

1.    That Council approve the Traffic Management Plan for the Mullum2Bruns Paddle 2017 to be held Sunday 28 May 2017, that includes the temporary road closure below:

 

a)    Brunswick Terrace, Mullumbimby between Tincogan Street and Gordon Street One Way), between 06:30am and 10:00am on Sunday 28 May 2017.

 

2.    That the approval provided in Part 1 is subject to:

 

a)    separate approvals by NSW Police and RMS being obtained

b)    implementation of the approved Traffic Management Plan and Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation;

c)    that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

d)    the event be notified on Council’s webpage.

e)    the event organiser:

i.   undertake consultation with community and affected businesses including adequate response/action to any raised concerns.

ii.  undertake consultation with emergency services and any identified issues addressed.

iii.  holding $20m public liability insurance cover which is valid for the event.

iv. paying Council’s Road Event Application Fee prior to the event.

 

3.    That a debrief be held within two weeks of the event involving staff, Police (if they had incidents) and traffic controllers.                                                              (Richardson/Cameron)

 

17-113

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 6.3    Regulatory Signage - Wilfred St 2 - No Stopping - Emergency Services

File No: I2017/300

 

Committee Recommendation 6.3.1

1.    That Council approve the installation of No Stopping signs and lines at the Billinudgel Ocean Shores Rural Fire Brigade Station at 2 Wilfred St, Billinudgel

 

2.    That Council approve funding for the works                                            (Richardson/Cameron)

 

17-114

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 7.1    Event - Byron St, Bangalow - Road Closure - Bangalow Billy Cart Derby 21 May 2017

File No: I2017/151

 

Committee Recommendation 7.1.1

1.    That Council approve the Traffic Management Plan for the Bangalow Billy Cart Derby to be held on Sunday 21 May 2017, that includes the temporary road closure below:

 

a)    Byron Street, Bangalow between Ashton Street and Granuaille Road, between 6am and 4pm on Sunday 21 May 2017.

 

2.    That the approval provided in Part 1 is subject to:

 

a)    separate approvals by NSW Police and RMS being obtained, noting that the event is on a state road or may impact the state road network

b)    implementation of the approved Traffic Management Plan and Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation

c)    that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

d)    the event be notified on Council’s webpage

e)    the event organiser:

i.     undertake consultation with community and affected businesses including adequate response/action to any raised concerns

ii.     undertake consultation with emergency services and any identified issues addressed

iii.    holding $20m public liability insurance cover which is valid for the event

iv.   paying Council’s Road Event Application Fee prior to the event

 

3.    That a debrief be held within two weeks of the event involving staff, Police (if they had incidents) and traffic controllers.                                                              (Richardson/Cameron)

 

17-115

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 7.2    Traffic - Events - Byron Bay Triathlon 13 May 2017 - Road Closures

File No: I2017/160

 

Committee Recommendation 7.2.1

1.    That Council approve the Traffic Management Plan for the Byron Bay Triathlon to be held Saturday 13 May 2017, that includes the temporary road closure below:

 

a)    Lawson Street (Middleton Street to Massinger St), between 11:30am and 3:30pm on Saturday 13 May 2017

b)    Marvell Street, Middleton Street , Bay Street (Fletcher St to Middleton St), Bay Ln (Fletcher St to Middleton St), Marvell St (Middleton St to Tennyson St), Tennyson St, between 12:00pm and 3:30pm on Saturday 13 May 2017

c)    Bangalow Road (Browning St to Broken Head Rd), between 12:25pm and 3:30pm on Saturday 13 May 2017

d)    Broken Head Road (Bangalow Rd to Ross Lane), between 1:00pm and 3:30pm on Saturday 13 May 2017

 

2.    That the approval provided in Part 1 is subject to:

 

a)    separate approvals by NSW Police and RMS being obtained, noting that the event is on a state road or may impact the state road network

b)    implementation of the approved Traffic Management Plan and Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation

c)    that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

d)    the event be notified on Council’s webpage

e)    the event organiser:

i.   undertake consultation with community and affected businesses including adequate response/action to any raised concerns.

ii.  undertake consultation with emergency services and any identified issues addressed.

iii.  holding $20m public liability insurance cover which is valid for the event.

iv. paying Council’s Road Event Application Fee prior to the event.

 

3.    That a debrief be held within two weeks of the event involving staff, Police (if they had incidents) and traffic controllers.                                                              (Richardson/Cameron)

 


 

 

17-116

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 7.3    Traffic - Events - Byron Bay Blues Festival 13 to 17 April 2017

File No: I2017/162

 

Committee Recommendation 7.3.1

1.    That Council approve the Traffic Management Plan for the Byron Bay Bluesfest 2017 to be held on Thursday 13 April 2017 to Monday 17 April 2017, that includes the including the installation and enforcement of No Camping and No Stopping signs between 6am and 6pm, subject to conditions at:

 

a)    Gulgan Road, from Mullumbimby Road intersection to the Pacific Highway interchange at Tyagarah

b)    Foxs Lane, Tyagarah

c)    Tanner Lane and Yarin Lane, Tyagarah and

d)    Grays Lane, Tyagarah

 

2.    That the approval provided in Part 1 is subject to:

 

a)    separate approvals by NSW Police and RMS being obtained, noting that the event is on a state road or may impact the state road network

b)    implementation of the approved Traffic Management Plan and Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation

c)    that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

d)    the event be notified on Council’s webpage

e)    the event organiser:

i.     undertake consultation with community and affected businesses including adequate response/action to any raised concerns

ii.     undertake consultation with emergency services and any identified issues addressed

iii.    hold $20m public liability insurance cover which is valid for the event

iv.   pay Council’s Road Event Application Fee prior to the event

 

3.    That a debrief be held within two weeks of the event involving staff, Police (if they had incidents) and traffic controllers.                                                              (Richardson/Cameron)

 

17-117

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 8.1    DA - Splendour in the Grass, 21-23 July 2017

File No: I2017/301

 

Committee Recommendation 8.1.1

1.    That Council approve the Traffic Management Plan for Splendour in the Grass 2017, to be held Friday 21 July 2017 to Sunday 23 July 2017, that includes including the installation and enforcement of No Camping and No Stopping signs between 6am and 6pm, subject to conditions at Tweed Valley Way, Brunswick Valley Way and Yelgun Road.

 

2.    That the approval provided in Part 1 is subject to:

a)    separate approvals by NSW Police and RMS being obtained, noting that the event is on a state road or may impact the state road network

b)    implementation of the approved Traffic Management Plan and Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation

c)    that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

d)    the event be notified on Council’s webpage

e)    the event organiser:

i.   undertake consultation with community and affected businesses including adequate response/action to any raised concerns

ii.  undertake consultation with emergency services and any identified issues addressed

iii.  holding $20m public liability insurance cover which is valid for the event

iv. paying Council’s Road Event Application Fee prior to the event

v.  the holding of an event debrief within a month following the festival which includes but not limited to Council, RMS and Police

 

3.    Council’s Parking Enforcement be invited to assist the event in compliance of no stopping areas within the Road Reserve

 

4.    That a debrief be held within two weeks of the event involving staff, Police (if they had incidents) and traffic controllers                                                               (Richardson/Cameron)

 

 

CONFIDENTIAL Reports - Infrastructure Services

 

Report No. 16.1           Confidential - Belongil Creek Bridge Pile Repairs and Corrosion Protection Works

File No:                        I2017/357

 

17-118

Resolved that Council award the fixed price tender to Marine and Civil Maintenance P/L for $408,761.00 and allocate a budget of $560,000 for the project funded from the grant and the balance from the Infrastructure Renewal Fund.                                              (Richardson/Cameron)

 

 

Procedural Motion

 

17-119

Resolved that Council change the order of business to deal with Reports 9.3, 9.6, 13.6, 13.10, 13.12, 13.13 and 13.14 next on the Agenda.                                                       (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

 

 

Notices of Motion

 

Notice of Motion No. 9.3     Brunswick Heads Caravan Parks

File No:                                  I2017/426

 

17-120

Resolved:

1.    That Council reiterate its non-negotiable position that any license approvals will be only granted to NSWCHPT if the following are ensured:

·      full and wide access along all of the foreshores by meeting or exceeding legal requirements for setbacks;

·      commit to removal of encroachments from the foreshore open spaces;

·      formalised improved access to the boat ramps long enjoyed by locals;

·      public use of lot 7005 in Massey Greene;

 

2.    That due to the recognition of the historical and community significance of the Cypress Pines in the Terrace; and the commitment to the protection of the memorial Cypress Pines in the Terrace, there is to be no short term camping or permanent residency permitted in the southern end of Terrace Park.                                                                     (Coorey/Richardson)

 

The motion was put to the vote and declared carried.

Cr Hunter voted against the motion.

 

 

 

Notice of Motion No. 9.6     Review of Tyagarah Airstrip Planning Proposal

File No:                                  I2017/443

 

 

Moved:

 

1.    That Council note the inconsistency between the wording of the’ Intent’ and’ Objectives’ of the Tyagarah Airstrip Planning Proposal as endorsed by Council in Resolution 15-659 in December 2015 compared with the version of the Tyagarah Airstrip Planning Proposal that was put on public exhibition in May 2016 and forwarded through the Gateway process of the Department of Planning.

2.    That Council note the difference between ‘heliport’ and ‘helipad’ as defined in the Byron Shire LEP (2014):


helipad means a place not open to the public used for the taking off and landing of helicopters

 

heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes: (a) a terminal building, or (b) facilities for the parking, storage or repair of helicopters.

 

3.    That Council not progress the Tyagarah Airstrip Planning Proposal until clarity of meaning is agreed upon by resolution of Council and the following have been completed:

 

a)    Council commissions a Social Impact Assessment (SIA) associated with any expansion and intensification of commercial uses at the Tyagarah Airfield;

b)    An assessment of noise impacts impacts associated with any expansion and intensification of commercial uses at the Tyagarah Airfield

c)    Council provides a full income and expenditure and profit and loss statement for the Tyagarah Airfield since 2010 including council staff time and resources and all consultancies, legal opinions and contracts tendered;

d)    Council adopts the recommendation of the Office of Environmental and Heritage (OEH) and prepares a strategic floodplain risk management plan for the future management of the Simpsons Creek floodplain, and

 

4.    That Council reassesses its support for Tyagarah Airfield subject to a report on the cumulative ecological impacts of all tree clearing required for the airfield.

 

5.    That Council not clear any more vegetation from the site or any other works until the actions described in 1. are completed.

6.    That a detailed financial projection of any future proposal be provided to Council.

 

7.    That Councillors hold a workshop to consider other uses for the site that do not involve increased aircraft activity.

 

8.    That any future use of the site involves genuine community consultation to include all affected stakeholders.                                                                                                (Coorey/Richardson)

 

AMENDMENT

 

17-121

Resolved:

1.    That Council considers progressing the Tyagarah Airstrip Planning Proposal after the following have been completed:

 

a)    a Social Impact Assessment (SIA) associated with any expansion and intensification of commercial uses at the Tyagarah Airfield;

b)    an assessment of noise impacts associated with any expansion and intensification of commercial uses at the Tyagarah Airfield

c)    a strategic floodplain risk management plan for the future management of the Simpsons Creek floodplain, as per advice from the Office of Environment and Heritage

d)    a Councillor workshop to consider other uses for the site that do not involve increased aircraft activity.

e)    community consultation to include all affected stakeholders.

f)     a report on the cumulative ecological impacts of tree clearing required for the airfield and in the interim cease any tree clearing not associated with current airstrip safety.

 

2.    The Council does not support, and thus, removes any reference to commercial helicopter operations or activities operating at Tyagarah Airfield, including construction of a heliport. 

(Richardson/Lyon)

 

 

Procedural Motion

 

17-122

Resolved that Cr Coorey be granted a two minute extension to her speech.                                                                                                                          (Richardson/Cameron)

The motion was put to the vote and declared carried.

 

The amendment (Richardson/Lyon) was put to the vote and declared carried.

Cr Hunter voted against the amendment.

 

The amendment upon becoming the substantive motion was put to the vote and declared

Cr Hunter voted against the motion.

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.6           Integrated Planning and Reporting - Public Exhibition 2017

File No:                        I2017/436

 

17-123

Resolved:

1.    That the following draft Integrated Planning and Reporting documents be placed on public exhibition for a period of 28 days:

a)    Community Strategic Plan 2027

b)    Delivery Program 2017-2021 and Operational Plan 2017-2018

 

2.    That, should there be no submissions received for 1b) , the documents be adopted, however if submissions are received, a further report will be brought to Council on 22 June 2017 reporting on the submissions and a revised set of documents where necessary.

 

3.    That a full review of our Community Strategic Plan 2017-2027 will be undertaken in the new financial year, and the process will include a comprehensive engagement strategy.

(Richardson/Spooner)

The motion was put to the vote and declared carried.

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.10         PLANNING - Submissions Report - 26.2015.1.1 - Planning Proposal to permit a heliport and amend the minimum lot size at Tyagarah Airfield

File No:                        I2017/322

 

17-124

Resolved that Council note the report.                                                               (Coorey/Richardson)

The motion 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.

 

 

 

Report No. 13.12         Update West Byron Development Control Plan - Advice from the Minister for Planning

File No:                        I2017/430

 

17-125

Resolved that Council:

1.    Write to the Minister acknowledging and sharing Council’s concern of the time taken in completing the West Byron DCP, and include within the letter to the Minister:

a)    an acknowledgement of the importance of this site as an identified housing growth area as recently outlined in the State Government North Coast Regional Plan and that, as such, the community and council wish to ensure it follows best practice and rigorous planning processes in order to facilitate more effective development of the site

b)    the peer review process is intended to be completed within 2 months and as such, should not be seen as an onerous impediment to proper planning processes

 

2.    As requested by the Minister of Planning, respond in writing prior to 27 April 2017 stating Council’s desire for the best possible sustainable DCP for this site, outlining:

a)    the reasons for the peer review lay in the deficiencies and lack of public confidence in the original studies, namely:

i)     differing previous studies and advice on the DCP’s ability to maintain and enhance populations of Koalas

ii)    further clarity needed to maintain and enhance populations of Wallum Sedge Frogs and Wallum Froglets

iii)    the requirement of an independent traffic expert to provide advice to address: the potential effect of traffic generated by West Byron and its effect on the level of service at intersections on Ewingsdale Road, Shirley Street and the town centre, the adequacy of and potential for public transport, and the required provision of on street and off street carparking within the development.

 

3.    Immediately commence with the engagement of peer review consultations with funds sourced from the unallocated General Fund.                                              (Richardson/Coorey)

 

The motion was put to the vote and declared carried.

Cr Hunter voted against the motion.

 

The meeting adjourned at 12.26pm for lunch and reconvened at 1.15pm.

 

 

 

Report No. 13.13         Rural Land Use Strategy Implementation Plan

File No:                        I2017/444

 

17-126

Resolved that Council:

1.    Exhibit for further community feedback and discussion the draft Rural Land Use Strategy, supporting 'Policy Directions Paper', 'Site Suitability Criteria and Mapping Methodology' and the draft 'Rural Land Use Strategy Implementation Plan' for 28 days.

 

2.    As part of the exhibition process encourage guidance from the community on priorities for the 'Rural, Land Use Strategy Implementation Plan'.

 

3.    That Council commence actioning priorities confirmed following the exhibition process prior to the winter recess.

 

4.    That a public communication and engagement strategy be created in consultation with the Communications Panel to guide the exhibition process.                          (Cameron/Richardson)

 

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.14         Erosion at Clarkes Beach, Byron Bay

File No:                        I2017/411

 

17-127

Resolved that Council: 

1.    note the report outlining some of the issues contributing to unacceptable erosion at the eastern stormwater outlet at Clarkes Beach caravan park. 

 

2.    acknowledge that the catchment contributing stormwater to the outlet extends beyond the park and includes Council-managed areas and stormwater infrastructure. 

 

3.    note that Council staff will be working with NSWCHPT, NPWS and Consultant Ardill Payne and Partners to prepare the most efficient engineering design available that maintains the beauty of the eroded area, while protecting it from erosion in the long term. 

 

4.    note that agreement was reached on Wednesday 8 March for NSWCHPT and Council to immediately implement corrective action at the eastern stormwater outlet to protect the midden currently being exposed. 

 

5.    note that Council staff and NSWCHPT met on Friday 10 March to initiate the approval process for both the short term and medium term work required for this area, to outline stakeholder responsibilities and to commence the project.  NSWCHPT are leading the project and commissioning the design/s for the short term and longer terms works identified. 

 

6.    receive a report on the engineering design/s and planning pathway (including any approvals required) resulting from that project. 

 

7.    receive electronic copies of the following reports, as cited in Report 13.14: 

“Concept Design Options for Stormwater management and Site Rehabilitation Clarkes Beach Reserve” (Ardill Payne and Partners, June 2016) 

Technical Report, “Stormwater Management and Gully Rehabilitation Clarkes Beach, Byron Bay” (Report No 2016/4 prepared September 2016).

 

8.    in consultation with the Coastal Estuary Catchment Panel, explore what options it has to mitigate its contribution to the water flowing into the catchment of the stormwater outlet at the eastern end of the North Coast Holiday Park at Clarke's Beach for example redirection of run off from Lighthouse Road and Captain Cook Car Park, the exploration of use of porous pavements, paving stones or other water sensitive design initiatives that will help prevent excessive run off.   Council invite NSWCHPT, Office of Environment and Heritage, Angus Gordon and the Arakwal Corporation to attend and/or comment.

(Ndiaye/Richardson)

 

The meeting adjourned at 2.00pm to open the Byron Shire Reserve Trust Committee Meeting.  The Ordinary Meeting reconvened at 2.15pm. Resolutions 17-128 and 17-129 were used during the Committee meeting.

 

The motion (Ndiaye/Richardson) was put to the vote and declared carried.

 

 

mayoral minute

 

Mayoral Minute No. 8.1       Review of Natural Disaster Response Protocols

File No:                                  I2017/448

 

17-130

Resolved that a Natural Disaster report be brought to Council prior to the Winter that:

1.    Reviews and reports on Council extreme weather and disaster communication protocols, including:

a)    Investigation on the use of SMS messaging to update, inform and alert residents at times of extreme weather events

b)    Liaising with other high subscriber media outlets to provide as broad coverage as possible

c)    Considering regularity of community updates that may include updates at least four times daily that include

i)   status updates on Council controlled assets (including sporting centres, libraries and pools)

ii)  infrastructure (including roads, bridges, causeways, parks and cycleways)

iii) updates provided by external organisations and essential and emergency service providers

d)    Contracting extra temporary communication staff to support the work of permanent communication staff

e)    Consideration of a register of residents located in close proximity to critical points be listed as a community contact

 

2.    Reviews and reports on any successes, failings or inefficiencies of Council operated or maintained infrastructure during the recent natural disaster, including:

a)    Causeways, bridges, sewerage treatment plants and flood pump stations

b)    Flexibility of increasing opening hours at the Myocum Resource and Recovery Centre within Environment Protection Agency operation licence

c)    Optimising sub contractors and external specialists or support workers in order to undertake and conclude clean up and green waste clearing as soon as possible and the resultant financial implications

d)    Establishing protocols for utilising or providing regional support

e)    Improving access to and accuracy of meteorological and river height data

 

3.    Reviews and reports on Council community support protocols, including:

a)    Acknowledging the benefit of a volunteer Byron Shire ‘Mud Army’ and instigating the creation of a database of residents to establish a coordinated volunteer response to assist with the clean up and support for disaster affected residents.

b)    Establishing procedures to be established to ensure the Byron Shire Mud Army is managed effectively and as soon as practicable to support formal clean up and resident support organisations

c)    Council’s role in liaising with emergency and social services in gathering data and information and facilitating donations, relief and fund raising and for submitting grant or disaster relief support funding applications

 

4.    Review organisational preparedness including:

a) training and event scenarios be arranged for staff and councillors,

b) diverse disaster response protocols

c) regional processes and coordination

 

5.    That a debrief be provided to Councillors at a Strategic Planning Workshop when information is available.                                                                                                                (Richardson)

 

The motion was put to the vote and declared carried.

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Mayor's Discretionary Allowance

File No:                                  I2017/414

 

17-131

Resolved:

1.    That Council confirm the following donations from the Mayor’s Discretionary Allowance 2016/17:

a)    $500 – 2017 Northern Rivers Science and Engineering Challenge & Discovery Day

b)    $600 – International Council for Local Environmental Initiatives

 

2.    That Council advertise the donations in accordance with Section 356 of the Local Government Act 1993.                                                                                 (Richardson/Ndiaye)

 

The motion was put to the vote and declared carried.

 

 

 

Notice of Motion No. 9.2     All Abilities Beach Access Report

File No:                                  I2017/424

 

17-132

Resolved that Council:

1.    Provide a report on:

a)    The different options for providing beach access to Byron Shire beaches, including temporary options such as Mobility Matting

b)    Costs of providing and maintaining all ability beach access on Byron Shire’s beaches

c)    A preferred priority list of four locations to ensure at least all ability access point at each beach

d)    Possible funding sources

 

2.    Liaise with relevant stakeholders, including Marine Parks Authority, the Arakwal Corporation, Access Consultative Working Group (ACWG), NPWS and Disabled Surfers Association, Far North Coast to provide information on matters arising from point 1.

 

3.    Ensure this report informs Councils current Disability Inclusion Action Planning (DIAP) which is required by the NSW Disability Inclusion Act 2014 (The Act).

 

4.    Write to local State and Federal Members and relevant Ministers seeking support in providing this essential infrastructure                                                                           (Richardson/Ndiaye)

 

The motion was put to the vote and declared carried.

 

 

 

Notice of Motion No. 9.4     Withdrawal of Draft Coastal Zone Management Plan 2016

File No:                                  I2017/441

 

17-133

Resolved:

1.    That Council acknowledges the draft CZMP does not have the endorsement or backing of the Byron Shire community and council does not have the financial capability to implement the plan as currently proposed.

 

2.    That Council note that a previous Council once asked a Minister to stop considering a draft CZMP and that the Minister agreed.

 

3.    That Council immediately ask the current Minister to:

a)    Stop considering the current draft CZMP for certification; and

b)    Return it to Council for further consideration under either previous or current legislation

(Hackett/Spooner)

 

 

Procedural MotionS

 

17-134

Resolved that Cr Hackett be granted a two minute extension to her speech.   (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

 

17-135

Resolved that Cr Hackett be granted a one minute extension to her speech. (Richardson/Coorey)

The motion was put to the vote and declared carried.

 

The motion (Hackett/Spooner) was put to the vote and declared carried.

Cr Hunter voted against the motion.

 

 

 

Notice of Motion No. 9.5     Online Road Register

File No:                                  I2017/442

 

17-136

Resolved that Council prepare and maintain a list or list/s on the Council website of roads that are currently underway or in the schedule of works, including new builds, upgrades and repairs, that:

1.    is prepared monthly on a rolling 4-year cycle of works including anticipated start date of repairs/upgrades to each road

2.    shows the current status of each road with respect to any funding contingencies

3.    links with the budget for roads

4.    enables feedback from residents with respect to any road on the list or any road that it is felt should be on the list that isn’t on the list

5.    is/are live by 1 July 2017                                                                                        (Lyon/Ndiaye)

 

The motion was put to the vote and declared carried.

 

 

Petitions

There were no petitions tabled.

 

 

Delegates' Reports

There were no delegates reports.

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.3           National General Assembly of Local Government 2017

File No:                        I2017/409

 

17-137

Resolved:

1.    That Council authorise Crs Ndiaye and Lyon 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 Cr Ndiaye will be the voting delegate.

 

3.    That the following resolution be sent to ALGA for consideration at the General Assembly:

 

       That this National General Assembly call on the Federal Government to enact the recommendations within the Productivity Commission report: Natural Disaster Funding, as presented to the government on 17 December 2014 and publicly released on 1 May 2015, namely:

·      The Australian Government post-disaster support to state and territory governments (states) should be reduced, and support for mitigation increased. 

·      Greater budget transparency

·      The Australian Government should provide a base level of support to states commensurate with relative fiscal capacity and the original 'safety-net' objective of disaster recovery funding, with the option for states to purchase 'top-up' fiscal support.

·      Australian Government mitigation funding to states should increase to $200 million a year and be matched by the states

·      Greater state and local governments autonomy in how they pursue disaster recovery and mitigation. This greater autonomy should be supported by performance and process based accountability mechanisms that embed good risk management            (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.5           Landowners consent to Coastal Panel development applications for repair to existing rock protection at Belongil.

File No:                        I2017/435

 

17-138

Resolved:

1.    That Council note that:

 

a)    the giving of land owner’s consent to a development application does not impinge upon a consent authority’s statutory obligation to assess the application under the provisions of applicable legislation.

 

b)    the giving of landowner consent has one purpose which is to enable the consent authority to lawfully determine and dispose of the development application in accordance with the provisions of applicable legislation.

 

2.    That Council give landowners consent to lodge Development Applications to the Coastal Panel for repair of existing coastal protection works at, on or adjacent (as the case may be) to  the properties:

 

28 and 28A Childe Street Byron Bay

44 Childe Street Byron Bay

48 Childe Street Byron Bay

Unit 1, 1 Don Street Byron Bay

Unit 2, 1 Don Street Byron Bay

1A Don Street Byron Bay

6B Childe Street Byron Bay                                                                         (Coorey/Richardson)

 

The motion was put to the vote and declared carried.

 

 

 

Report No. 13.7           Public Exhibition - Draft 2017/2018 Statement of Revenue Policy

File No:                        I2017/459

 

17-139

Resolved:

1.    That Council adopt for exhibition the Draft 2017/2018 Statement of Revenue Policy, comprising Budget Estimates, Rates and Charges, Borrowings and Fees and Charges.

 

2.    That the Draft 2017/2018 Statement of Revenue Policy, comprising of the Budget Estimates, Rates and Charges, Borrowings and Fees and Charges be placed on public exhibition for a period of 28 Days.                                                                                            (Spooner/Hackett)

 

 

Procedural Motion

 

17-140

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.

 

The motion (Spooner/Hackett) was put to the vote and declared carried.


 

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.9           Regulatory Impact Statement - Draft Biosecurity Regulations 2016

File No:                        I2017/294

 

17-141

Resolved that Council note:

1.       The information contained in this report on the draft Biosecurity Regulation 2016.

 

2.       That Council staff are undertaking an internal peer review of the draft Integrated Weed Strategy March 2016.

 

3.       That Council staff are developing a Directions Document to provide a continued direction for reducing the use of pesticide on Council land in the long term.

 

4.       The potential for the 'Small Steps to Healthy Rural Roadsides' measures to reduce chemical use and improve biodiversity on rural roadsides.                                          (Cameron/Ndiaye)

 

The motion was put to the vote and declared carried.

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.15         Multi Use of Rail Corridor Within Byron Shire

File No:                        I2017/453

 

17-142

Resolved:

1.       That Council review Attachment 1 – Request for Tender – Multi Use Rail Corridor, E2017/25060 prepared by Council staff, and endorse proceeding to Tender utilising this document, following refinement and completion of the tender documents by staff, the Mayor and Deputy Mayor.

 

2.       That Council allocate a budget of $200,000 from the Infrastructure Renewal Reserve to undertake the works identified in the Request for Tender.                    (Cameron/Richardson)

 

The motion was put to the vote and declared carried.

Crs Spooner and Hunter voted against the motion.

  

 

Reports of Committees - Infrastructure Services

 

Report No. 14.1           Report of the Water, Waste and Sewer Advisory Committee Meeting held on 2 March 2017

File No:                        I2017/346

 

17-143

Resolved that Council note the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 2 March 2017.                                                                              (Lyon/Richardson)

The motion was put to the vote and declared carried.

 


 

 

17-144

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.1    Resource Recovery Current State of Play

File No: I2016/1256

 

Committee Recommendation 4.1.1

That Council notes the Water, Waste and Sewer Advisory Committee was provided with a presentation on current and recent Resource Recovery projects.                         (Lyon/Richardson)

The motion was put to the vote and declared carried.

 

17-145

Resolved that Council does not adopt recommendation 4.2.1 no 1 and instead notes the report.

Report No. 4.2    Ocean Shores to Brunswick Valley STP Transfer Feasibility Study

File No: I2017/244

 

Committee Recommendation 4.2.1

1.    That Council notes the report., including risks associated with Option 4 in Section 13 recommendations and that Council investigate the operational risks (as described under Item 5).

 

2.    That the Water, Waste and Sewer Advisory Committee meet again prior to the scheduled meeting in June 2017.                                                                                      (Lyon/Richardson)

The motion was put to the vote and declared carried.

 

17-146

Resolved that Council adopt the following Committee Recommendations:

Report No. 4.3    Water and Sewer Strategic Business Plan Workshop

File No: I2017/246

 

Committee Recommendation 4.3.1

That at the next meeting of the Water, Waste and Sewer Committee the following expenditure items be considered for addition to a revised Water and Sewer Strategic Business Plan:

 

1.    overcome fundamental problems in the sewer connections and lines in Mullumbimby, Brunswick Heads and Byron Bay

2.    make reuse (e.g. agricultural irrigation) the primary means of disposal ahead of discharge to waterways

3.    bring in full-spectrum testing and treatment (including alkyl-phenols) of sewage

4.    consider minimising energy usage and the use of renewable energy            (Lyon/Richardson)

 

The motion was put to the vote and declared carried.

 

 

Questions With Notice

 

Question With Notice No. 15.1     Unauthorised Short Term Holiday Accommodation

File No:                                           I2017/368

 

 

At Council’s Ordinary Meetings held on 27 October 2016 and 2 February 2017, Mr David Wallace asked the following questions during Public Notice both of which were taken on notice:

Question on Notice Council meeting 27 October 2016 –

A condition for approval of a secondary dwelling is that they are not holiday let. How many legal secondary dwellings are there in the Shire and how many are illegally holiday let or lived in by the owner(s) whilst they illegally let their principal home?

Response Director Sustainable Environment and Economy:

Council has approved some 512 ‘secondary dwellings’ – as of 28 November 2016.  Council has no specific records as to how many may be ‘holiday let’ and or how many may be lived in by the owner of the property, however a random survey of 50 secondary dwellings in the urban coastal areas of Byron Shire found 18% (9) appear to be available for ‘holiday let’ purposes from data available on various web site platforms (e.g. Stayz, Air Bnb, Byron Bay Holiday Rentals etc.) or have had complaints lodged in relation to possible holiday let of the secondary or principle dwelling.

Question on Notice Council meeting 2 February 2017 –

What were the other legal actions undertaken in the LEC against illegal holiday letting and what ongoing legal action has been undertaken to recover the $300,000?

Response Director Sustainable Environment and Economy:

Staff have investigated this matter and have not been able to locate a case within the timeframe where Council has prosecuted for ‘illegal holiday letting’; apart from one which is the matter of BSC v. Blaney.

In this matter, the costs incurred by Council were around $60,000. The court awarded costs to Council. The case was run by Council’s external lawyers, who were negotiating a position that Council would accept $1,800 per month for 24 months (totalling $43,200).  This offer was not responded to. Contact with Blaney was lost. Council has instructed its lawyers to further pursue efforts to recover costs.

Staff have investigated numerous other instances of alleged ‘unauthorised tourist and visitor accommodation’ in the period, which have not had an LEC prosecution outcome. The staff time involved in such investigations and the time involved in taking statements and issuing Notices and Orders and, in some cases seeking external legal advice, have all contributed to the overall costs associated with enforcement of unauthorised tourist and visitor accommodation. This expenditure is not recoverable.

  

 

URGENCY MOTIONS   

 

Procedural Motion

 

17-147

Resolved that the matter of the following conferences be discussed as a matter urgency. The urgency being that all conferences are either occurring prior to the next Council meeting or early bird pricing will expire.                                                                                        (Richardson/Hackett)

 

The motion was put to the vote and declared carried.

 


 

 

 

No. 1 Matter of Urgency - Upcoming Conference Attendance

 

17-148

Resolved that Council  authorise the following Councillors to attend the following conferences:

 

·           Australian Affordable Housing Conference, Sydney, 19-20 July 2017-  Cr Ndiaye

·           Ecocity World Summit, Melbourne, 12-14 July 2017 - Cr Richardson, Cr Lyon

·           Australian Coastal Councils Conference, Redcliffe, Queensland, 3-5 May 2017 - Cr Hackett, Cr Coorey                                                                                                     (Richardson/Ndiaye)

 

The motion was put to the vote and declared carried.

 

 

Procedural Motion

17-149

Resolved that the matter of Adani’s Carmichael Mine be discussed as a matter of urgency, the urgency being a decision on this matter is imminent.                                             (Lyon/Richardson)

The motion was put to the vote and declared carried.

Crs Cameron, Spooner and Hunter voted against the motion.

 

 

No. 2 Matter of Urgency - Adani's Carmichael Mine

 

17-150

Resolved:

1.    That Council officially states that as a part of its vision for a Zero Emissions shire and a sustainable global future, it vehemently opposes the realization of Adani’s Carmichael mine and any support by the Australian government for its development.

2.    That Council, divests all funds currently held with Westpac at the first opportunity that would not lead to any financial disadvantage to ratepayers and refrain from any future investments with Westpac and other financial institutions and their subsidiaries until they publicly rule out any financing of Adani’s Carmichael mine. This includes over $70 million of investments maturing in 2017 that would potentially be available for reinvestment.

3.    That Council represents to the other North Coast Councils with whom we joint tender our banking facilities, that when these services come up for tender next year, we will not consider Westpac or its subsidiaries during this process.

4.    That Council writes to the following advising them of Council’s stance on this issue:

a)    The CEO and Board of Directors of Westpac informing them of Council’s divestment and urging them to rule out funding Adani’s Carmichael mine.

b)    The Prime Minister, Federal Minister for Environment and Energy, Federal Minister for Agriculture and Water Resources, Federal Minister for Indigenous Affairs and the Queensland Premier, expressing extreme disappointment with the decisions to not only approve, but spend $1 billion of taxpayers’ money on this devastating project.

c)    The Leader of the Opposition, Shadow Minister for Climate Change and Energy, Shadow Minister for Environment and Water and Federal Member for Richmond urging them to publicly commit to opposing the Adani mine and withdrawing any Commonwealth funds that support this project in any way (in the event they form government at the next election). The letter should also request they advocate to their Queensland Labor colleagues to reconsider their decision to approve the mine.

d)    The NSW Premier, Treasurer, Minister for Environment, and the Minister for Resources and Energy & Utilities urging them to publicly commit to opposing the Carmichael mine and introduce a ban to all new coal mines in New South Wales.

e)    Local Greens, Nationals and ALP groups seeking their stance on Adani and support for this divestment initiative.

f)     NSW councils – addressed to mayors and councillors                            (Lyon/Richardson)

 

AMENDMENT

Moved that Council:

1.    Request information from Westpac regarding whether it has been approached to lend funds to the Adani Carmichael mine project and the outcome of such a request.

2.    Request feedback from Westpac regarding how its operations support Council's objectives regarding Environmental and Socially Responsible Investments.                                     (Spooner/Hackett)

The amendment was put to the vote and declared lost.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson and Cameron voted against the amendment.

 

The motion was put to the vote and declared carried.

Crs Spooner and Hunter voted against the motion.

 

 

 

Procedural Motion

 

17-151

Resolved that the matter of the Mullumbimby Hospital site be discussed as a matter of urgency, the urgency being that demolition of the hospital buildings is scheduled for the end of April by Property NSW and the neighbouring residents have received no notification of the action.

(Martin/Ndiaye)

The motion was put to the vote and declared carried.

 

 

No. 3 Matter of Urgency - Mullumbimby Hospital site

 

17-152

Resolved:

1.    That the NSW Minister for Health and the NSW Minister for Property NSW be requested to immediately postpone the demolition of Mullumbimby Hospital buildings for 6 months.

 

2.    That a meeting be arranged between NSW Dept. of Health, Byron Shire Council, Mullumbimby Hospital Action Group (MHAG) and invited Mullumbimby community leaders within 2 months to explore options for the site that offer the greatest benefit to the community.

 

3.   That the Asbestos removal report relating to all the existing buildings on the hospital site be forwarded to Byron Shire Council and made accessible to the public immediately.

4.    That Council supports the 'Save the Mullumbimby Hospital Site' rally on Sunday 23 April.

(Martin/Cameron)

The motion was put to the vote and declared carried.

 

 

Procedural Motion

 

17-153

Resolved that Cr Martin be granted a two minute extension to her speech.

(Richardson/Cameron)

The motion was put to the vote and declared carried.

 


 

 

 

There being no further business the meeting concluded at 5.08pm.

 

 

 

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary Meeting on 25 May 2017.

 

 

 

….…………………………

Mayor Simon Richardson