Ordinary Meeting
Minutes
26 October 2017
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday, 26 October 2017 COMMENCING
AT 9.04AM AND
CONCLUDING AT 6.15PM
I2017/1561
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 (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Michael
Matthews (Manager Open Spaces and Resource Recovery – item 9.2)
Peter
Rees (Manager Utilities – item 9.6)
Rob
Van Iersel (Major Projects Planner – item 13.18)
David
Royston Jennings/Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that
the meeting is being held on Arakwal Country and that we pay our respects to
the elders past and present and extend our respect to the Bundjalung clans
whose lands and waters are part of the Shire.
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:
9.2 Clothes
Optional Tyagarah Beach
Gyan Moyes and Colleen Graham addressed Council in favour
of the recommendation.
Chris Dobney and David Dixon aka Oscar Redmond,
representing naturist users of Tyagarah Beach, addressed Council against the
recommendation.
Ann Reed addressed Council on the item.
9.3 Refunding
Council’s Feral Animal Management Program
Matthew O’Reilly addressed Council in favour of the
recommendation.
9.6 Current
and future capacity of Bangalow STP - Assessment of capacity of the Bangalow
sewerage system to handle sewage from DA No:10.2016.283.1 'Rural Industries
Food Precinct 201 Lismore Rd Bangalow 2479
Jenny Coman and Ean Jones addressed Council in favour of
the recommendation.
13.4 Review
of Mullumbimby Outside of School Hours Care Services
David Lees, Principal of Mullumbimby Public School and
Abelia Hissink, member of the Mullumbimby Public School P&C, addressed
Council in favour of the recommendation.
13.17 PLANNING
- Rural Land Use Strategy - Submissions Report and Finalisation
Matthew O’Reilly, representing Community
Associations Byron Shire, and Robert Janson addressed Council in favour of the
recommendation.
Judy Macdonald, representing Main Arm Residents
Association and Lindsay Wootten addressed Council against the recommendation.
13.18 PLANNING - 26.2016.6.1 - Existing Land Uses at
The Farm, Ewingsdale Road, Ewingsdale
Johnson Hunter,
representing The Farm, addressed Council in favour of the recommendation.
Matthew O’Reilly,
representing Community Associations Byron Shire, addressed Council against the
recommendation.
13.19 PLANNING
- 10.2017.198.1 Mixed Use Development for Three (3) Commercial Tenancies (for
use as Shop, Restaurant or Cafe or Office Premises) and Six (6) Shop Top
Housing Dwellings at 9 Station Street Bangalow
Don Osborne, Jenny Bird, representing Bangalow Progress
Association and Drew Paice addressed Council against the recommendation.
Micheala McNamara, representing Northern Rivers Land
Solutions, addressed Council in favour of the recommendation.
13.20 Response
to DPE Short Term Holiday Letting Options Paper
David Wallace addressed Council in favour of the
recommendation.
13.25 Heritage
and Environmental Assessment Reports - Coastal Cypress Pines at Terrace Reserve
Brunswick Heads
John Dunn, representing the Brunswick Heads Progress
Association, addressed Council in favour of the recommendation.
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Procedural Motion
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17-443
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Resolved that
Public Access be extended to 11.00am. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
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13.26 Manfred Street - Update Reclassification Planning
Proposal
John Vaughan addressed Council against the
recommendation.
Submission
No. 1 Works in Protected Areas
Matthew O’Reilly made a submission to Council
regarding Council Resolution 12-560, concerning works in protected areas.
Submission
No. 2 Land Acquisition for Bayshore Drive
Ann Reed made a submission to Council regarding Council
Resolution 17-426, concerning land acquisition for Bayshore Drive roundabout.
Submission
No. 3 Mafeking Road, Goonengerry issues
Patrick Morrissey made a submission to Council regarding issues
with Mafeking Road, Goonengerry.
Question
No. 1 Lot 2 DP 445771 coopers Lane West
Duncan Dey asked the following question:
“Has the current owner and has a prospective buyer of
this property been given an indication that the two unapproved dwellings (for
which an Order to Demolish was issued in June 2017 for execution in July) need
now not be demolished and, if so, why?”
The Director Sustainable Environment and Economy took the
question on notice.
Question No. 2 Sand Quarry
Matthew O’Reilly asked
the following question:
“Why has Byron Council
failed to take enforcement action, impose significant fines and make an order
to undertake full rehabilitation over the illegal unauthorised Sand Quarry at
150 Tandy’s lane, beyond gaining an undertaking from the developer that
they will not take any more sand from the quarry in the future and what are the
circumstances by which Council has allowed this sand obtained illegally for
substantial commercial benefit to remain on the Myocum site and not have
it returned to the Tandy’s lane quarry site where it was illegally
obtained.”
The Director Infrastructure
Services took the question on notice.
Question
No. 3 Dangerous Dogs
Angela Dunlop asked the following question:
“Given
that council’s compliance priority program identifies dangerous dogs as a
very high priority and given the recent spate of reported dog attacks in our
shire why do compliance staff not have the common courtesy to acknowledge victims
of attacks or indeed provide an update of punitive actions taken regarding dogs
and their owners in response to the attacks. I am referring to actual, not
alleged, incidents where photographic evidence was supplied to staff and where
a dog owner admitted that his dog had indeed been involved in menacing a
person. In fact, I have been attacked in three separate incidents in the past
six months in South Golden Beach and New Brighton. Does one have to be
hospitalised before these aggressive dogs are taken off our streets, parks and
beaches? I am aware of many attacks that have gone unreported to council and is
it any wonder, as many people do not have the faith that staff will follow
through on their mandate to protect residents of our shire. One only has to
cross our shire’s boundaries into Tweed and Ballina shires to see that
unleashed and roaming dogs are a rarity, as they are, in most developed
countries throughout the world, yet in Byron shire they abound. Why is that so?
Surely, it’s time that all breaches of the Companion Animals Act were
seriously enforced. A firm message needs to be sent to those who routinely and
flagrantly breach these regulations. When will uncontrolled and aggressive dogs
finally be given the highest of compliance priorities so that our community can
rightfully and fearlessly reclaim our streets, parks and beaches?”
The Director Sustainable Environment and Economy took the
question on notice.
Question
No. 4 Byron Bypass
John Anderson asked the following question:
“Given the stringent conditions attached to the
Court’s approval of the wetlands portion of the Byron Bypass;
i.
What
is Council’s latest estimate of the total cost of the project and the
timeline for completion;
ii.
What
processes must Council follow in assessing the Butler Street portion of the
Bypass in terms of a Part V Application? (SEPP); and,
iii.
Who
is to prepare the application and take the final determination?”
The Director Infrastructure Services took the question on
notice.
The meeting adjourned at 10.54am and resumed at 11.13am.
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
Cr Hunter declared a not significant, non-pecuniary interest
in Report 13.17. The nature of the interest being that he owns a property in a
rural area of the Shire. Cr Hunter elected to remain in the Chamber and
will participate in discussion and the vote.
Cr Lyon declared a not significant, non-pecuniary interest
in Report 13.18. The nature of the interest being that he is the manager of a
competing business. Cr Lyon elected to remain in the Chamber and will
participate in discussion and the vote.
Cr Richardson declared a not-significant, non-pecuniary
interest in Report 13.19. The nature of the interest being that five years ago
his wife completed a design brief for the proponents private house
landscape. Cr Richardson elected to remain in the Chamber and will
participate in discussion and the vote.
Cr Spooner declared a pecuniary interest in Report 13.31.
The nature of the interest being that his employer (Byron Bay Community
Association) has a lease over the Byron Community Cabin. Cr Spooner elected to
leave the Chamber and will not participate in discussion and the vote.
Tabling of Pecuniary Interest
Returns
In accordance with the Local Government Act 1993 Section
450A(2), Section 449(1) Returns were tabled for designated staff and
Councillors.
Adoption
of Minutes from Previous Meetings
17-444
|
Resolved that the minutes of the following meetings be
confirmed:
· Byron
Shire Reserve Trust Committee held 21 September 2017
· Ordinary
Meeting held 21 September 2017 (Hunter/Spooner)
The motion
was put to the vote and declared carried.
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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. 13.1 Local
Government NSW Annual Conference 2017
Report No. 13.3 Appointment
of new alternate Councillor representative to Richmond Tweed Regional Library
Committee
Report No. 13.4 Review
of Mullumbimby Outside of School Hours Care Services
Report No. 13.6 Council
Investments September 2017
Report No. 13.11 Selection
of Councillors for Mullumbimby Hospital Site Project Reference Group
Sustainable Environment and Economy
Report No. 13.13 PLANNING
- Review of further subdivision potential in the Ewingsdale and Mullumbimby 'R5
Large Lot Residential Zone'
Report No. 13.17 PLANNING -
Rural Land Use Strategy - Submissions Report and Finalisation
Report No. 13.18 PLANNING -
26.2016.6.1 - Existing Land Uses at The Farm, Ewingsdale Road, Ewingsdale
Report No. 13.19 PLANNING -
10.2017.198.1 Mixed Use Development for Three (3) Commercial Tenancies (for use
as Shop, Restaurant or Cafe or Office Premises) and Six (6) Shop Top Housing
Dwellings at 9 Station Street Bangalow
Report No. 13.21 Update
Council Resolution 17-191 Secondary Dwelling Conditions
Report No. 13.22 Update on
Resolution 17-263 Short Term Rental Accommodation Enforcement Options
Report No. 13.23 Update Draft
Coastal Zone Management Plan - Byron Bay Embayment
Report No. 13.25 Heritage
and Environmental Assessment Reports - Coastal Cypress Pines at Terrace Reserve
Brunswick Heads
Report No. 13.26 Manfred Street
- Update Reclassification Planning Proposal
Report No. 13.27 Proposed
Strategic Business Panel
Report No. 13.28 Update on
Resolution 17-283 Innovative Business Incubation Program
Infrastructure Services
Report No. 13.30 Settlement
Road Proposed Actions
Reports of Committees
Infrastructure Services
Report No.
14.3 Local Traffic Committee Meeting held on 19
September 2017
7.1 Shared
Zone - Seven Mile Beach Road, Broken Head
Confidential Reports
Corporate and Community Services
Report No. 16.1 Confidential - Grant 6-year
sub-licences for Surf Schools, Personalised Surf Schools, Sea Kayaks and Stand
Up Paddleboards as Preferred Tenderers
Infrastructure Services
Report No. 16.2 Confidential - Council Tender for the
Multi Use of Byron Shire Rail Corridor
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. 17-445 and concluding
with Resolution No. 17-497.
Staff
Reports - Corporate and Community Services
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Report No. 13.2 Public
Exhibition of Draft Policy - Supporting Partnerships Policy
File No: I2017/1148
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17-445
|
Resolved that
Council:
1. Adopt the Supporting Partnerships Policy as detailed
in Attachment 1 (E2017/62241).
2. Note that supporting guidelines and assessment
frameworks are being developed.
(Richardson/Cameron)
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Report No. 13.5 Section
355 Management Committee matters
File No: I2017/1353
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17-446
|
Resolved:
1. That in regards to
the Brunswick Heads Memorial Hall:
a) the
resignation from Linda Hibbard be accepted and a letter of thanks be
provided.
b) staff
work with the Committee on alternative solutions to managing the Hall considering
the difficulty in recruiting active members on the management committee.
2. That
the resignation from Richard Willan from the South Golden Beach Community
Centre Management Committee be accepted and that a letter of thanks be
provided.
3. That
the resignation from Heika Braha be accepted from the Lone Goat Gallery Board
of Management and that a letter of thanks be provided.
4. That
Denise Curran and Wendy Smith be appointed to the Ocean Shores Community
Centre Management Committee.
5. Council
note the Capacity Building Projects and ‘Love Byron Halls’
project currently underway with a view to community halls being the central
hub of a locality, by providing opportunities for community connections and
strengthening social cohesion. (Richardson/Cameron)
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Report No. 13.7 Public
Art Panel - minutes of meeting 28 September 2017
File No: I2017/1451
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17-447
|
Resolved:
1. That
Council note that in principal support is provided to the Brunswick Nature
Sculpture Walk event proposed for October long weekend in 2018, and request a
formal application from BNSW to developing a partnership.
2. That
Council:
a) Note
the resignation from Rebecca Townsend and provide a letter of thanks for her
participation in the Public Art Panel;
b) Seek
a youth representative for the Panel via advertising and social media;
c) Note
the change of nominee for the Public Art Panel from the Bundjalung of Byron
Bay (Arakwal) Corporation Pty Ltd, being Sharon Sloane, Acting General Manager.
(Richardson/Cameron)
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Report No. 13.8 2017-2018
Financial Assistance Grant
File No: I2017/1463
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17-448
|
Resolved that the
report be received and noted. (Richardson/Cameron)
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Report No. 13.9 Draft
2016/2017 Financial Statements
File No: I2017/1464
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17-449
|
Resolved:
1. That
Council suspend standing orders to allow for a presentation from
Council’s External Auditor.
2. That
Council adopt the Draft 2016/2017 Financial Statements incorporating the
General Purpose Financial Statements, Special Purpose Financial Statements
and Special Schedules.
3. That
Council approve the signing of the “Statement by Councillors and
Management” in accordance with Section 413(2)(c) of the Local
Government Act 1993 and Clause 215 of the Local Government (General)
Regulation 2005 in relation to the 2016/2017 Draft Financial Statements.
4. That
Council exhibit the Financial Statements and Auditor’s Report and call
for public submissions on those documents with submissions closing on 30
November 2017 in accordance with Section 420 of the Local Government Act
1993.
5. That
the Audited Financial Statements and Auditors Report be presented to the
public at the Ordinary Meeting of Council scheduled for 23 November 2017 in
accordance with Section 418(1) of the Local Government Act 1993. (Richardson/Cameron)
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Report
No. 13.10 Draft 2016-2017
Annual Report
File No: I2017/1472
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17-450
|
Resolved that Council note the draft 2016/2017 Annual Report
(#E2017/97181), included as Attachment 1 to this report, and its submission
to the Minister for Local Government.
(Richardson/Cameron
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Staff Reports - Sustainable
Environment and Economy
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Report No. 13.12 PLANNING
- S96 10.2009.314.11 Tallowwood
File No: I2017/971
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17-451
|
Resolved that, pursuant
to Section 96 of the Environmental Planning & Assessment Act 1979,
Application No. 10.2009.314.11, to amend approved Land Use Plan 2.1B to
increase areas designated for Conservation and clarify areas for Managed
Conservation, be approved by modifying Development Consent number 10.2009.314.1
as indicated in Attachment 1 (E2017/84647).
(Richardson/Cameron)
No Councillors voted against the motion.
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Report No. 13.14 Local
Heritage Places Grants 2017--18
File No: I2017/1320
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17-452
|
Resolved that Council receive the information in the report on Local Heritage Places
Grants 2017-18 and endorse the funding recommendations made by the Heritage
Advisor and staff.
(Richardson/Cameron)
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Report No. 13.15 Submissions
Report on the Draft Byron Shire Flying-fox Camp Management Plan
File No: I2017/1332
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17-453
|
Resolved that Council note this report with the following
recommendations:
1. adopt the Byron Shire Flying-fox Camp Management
Plan (Attachment 1) (E2017/93262) that includes changes following public
exhibition as outlined in Table 1 of this report.
2. consider an allocation of:
a) $20,000 in the 2018-19 annual budget to leverage
1:1 funding from the Flying-foxes Grants Program to fund specific management
actions
b) $35,000 in the 2018-19 budget to appoint a part
time Flying-fox Project Officer, to organise and facilitate the initial
stages of the Plan implementation where a high level community engagement and
development of protocols and procedure will be required.
3. note that funding commitment is required
annually and long term beyond the five year life of the Plan.
4. seek the Office of Environment & Heritage
endorsement of the Byron Shire Flying-fox Camp Management Plan. (Richardson/Cameron)
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Report No. 13.16 Mobile
Food Venders
File No: I2017/1341
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17-454
|
Resolved:
1. That one Council policy incorporates the
commercial use of road reserves authorised under the Roads Act;
2. That the policy incorporates all
licenced/approved activities on those areas as authorised under the Roads Act
i.e. mobile food vendors, mobile product vendors, footpath dining and goods
and chattels;
3. That the policy works in conjunction with
Council’s policy “Road Airspace”; and
4. That
the policy works in conjunction with Council’s policy 5.52
“Commercial Activities on Coastal and Riparian Crown Reserves”. (Richardson/Cameron)
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Report No. 13.20 Response
to DPE Short Term Holiday Letting Options Paper
File No: I2017/1440
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17-455
|
Resolved:
1. That Council support the preparation of a
submission to the ‘Options Paper for Short Term Holiday Letting in
NSW’ by staff that recommends a multi faceted framework response
including greater industry self-regulation, registration / licensing of
operators, changes to strata laws and regulation through the planning system,
acceptable and appropriate to the Byron Shire for the purposes of regulating
short term holiday letting.
2. That Council seek an undertaking by the NSW State
Government that further engagement with local government will occur
subsequent to this consultation, to ensure that the legislative changes and
industry reform needed to deliver the preferred local regulation framework
sought by Council and the Byron community can be progressed expeditiously.
(Richardson/Cameron)
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Report No. 13.24 Report
of the Planning Review Committee Meeting held on 28 September, 2017
File No: I2017/1459
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17-456
|
Resolved that Council note the report. (Richardson/Cameron)
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Staff Reports - Infrastructure
Services
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Report No. 13.29 Status
Report on Road Safety Funding Applications 2014-2017 (Black Spot)
File No: I2017/1283
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17-457
|
Resolved that Council note the report in relation to the road safety funding applications made to the NSW Roads
and Maritime Services (RMS), between 2014 and 2017 (inclusive). (Richardson/Cameron)
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Report No. 13.31 Draft
Plan Of Management - Byron Bay Recreation Grounds
File No: I2017/1330
|
17-458
|
Resolved that
in relation to the draft Plan of
Management for Byron Bay Recreation Ground:
a) It
be advertised for 28 days and if any submissions are received be brought back
to Council for further consideration
b) That
if no submissions are received, that the Plan of Management be adopted as
exhibited.
(Richardson/Cameron)
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Report No. 13.32 Proposed
Installation of Telecommunications Equipment for Telstra Corporation Limited
Bangalow Sportsground Lot 5 DP 1039596
File No: I2017/1429
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This report was withdrawn at
Telstra’s request.
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Report No. 13.33 Vallances
Road Management Plan
File No: I2017/1473
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17-459
|
Resolved:
1. That
the Draft Vallances Road Plan of Management be adopted subject to:
a) Being
renamed “Brunswick Valley Sustainability Centre Management Plan”;
and
b) References
in the document referring to “POM” or “Plan of
Management” be modified to “MP” or “Management
Plan” respectively.
2. That
Council approve the initiation of a Community consultation programme for the
area identified for possible Affordable Housing / Community Gardens / Eco
tourism / Educational.
3. That
Council endorse the commencement of the procurement process for the
designated solar farms on the site. (Richardson/Cameron)
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COMMITTEE Reports - Corporate and
Community Services
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Report No. 14.1 Report
of the Audit, Risk and Improvement Committee Meeting held on 12 October 2017
File No: I2017/1509
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17-460
|
Resolved that Council note the minutes of the Audit, Risk
and Improvement Committee Meeting held on 12 October 2017. (Richardson/Cameron)
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17-461
|
Resolved that Council move the next meeting of the Audit,
Risk and Improvement Committee from 16 November 2017 to 30 November 2017. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-462
|
Resolved that Council adopt the following Committee Recommendation(s):
Report
No. 4.1 Draft
2016/2017 Financial Statements
File No:
I2017/1475
Committee Recommendation 1.
That the Audit,
Risk and Improvement Committee recommend to Council:
1. That
Council approve the signing of the “Statement by Councillors and
Management” in accordance with Section 413(2)(c) of the Local
Government Act 1993 and Regulation 215 of the Local Government (General)
Regulation 2005 in relation to the 2016/2017 Draft Financial Statements.
2. That
Council exhibit the Financial Statements and Auditor’s Report and call
for public submissions on those documents with submissions closing on 30
November 2017 in accordance with Section 420 of the Local Government Act
1993.
3. That
the Audited Financial Statements and Auditors Report be presented to the
public at the Ordinary Meeting of Council scheduled for 23 November 2017 in
accordance with Section 418(1) of the Local Government Act 1993. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-463
|
Resolved that Council adopt the following Committee Recommendation(s):
Report
No. 4.2 Audit,
Risk & Improvement Delivery Program and Strategy for 2017 - 2021
File No:
I2017/1345
Committee Recommendation
2.
That the
Audit, Risk and Improvement Committee:
1. Endorse
the 2017-2021 Internal Audit Plan with minor amendments to the terms of
reference for the Buildings and Property Management audit review and Fraud
and Corruption Control audit review, noting that the reviews for year two
onwards will be presented to the Audit, Risk and Improvement Committee at the
commencement of each audit year.
2. Note
the 2017/18 audit program will include:
a) Corporate
Compliance and Policy Management
b) Buildings
and Property Management
c) Fraud
and Corruption Control
d) IT
User Access (Richardson/Cameron)
The motion was put to the vote and declared carried.
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Report No. 14.2 Report
of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on
22 September 2017
File No: I2017/1436
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17-464
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Resolved that Council note the minutes of the Arakwal
Memorandum of Understanding Advisory Committee Meeting held on 22 September
2017. (Richardson/Cameron)
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17-465
|
Resolved that
Council adopt the following Committee Recommendation :
Report No. 4.1 Byron
Shire Aboriginal Stakeholder Consultation Document
File No:
I2017/1251
Committee Recommendation 4.1.1
That the Arakwal Memorandum of
Understanding Advisory Committee reviews the “Byron Shire Council and
Indigenous Stakeholders” document (E2016/98166) and that Council seek
feedback from the Bundjalung of Byron Bay, Arakwal Corporation. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-466
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Resolved that Council adopt the following Committee Recommendation:
Report No. 4.2 Ti
Tree Lake PoM
File No:
I2017/1233
Committee Recommendation
4.2.1
1. That
the Arakwal Memorandum of Understanding Advisory Committee note the progress
of this project.
2. That
the Arakwal Memorandum of Understanding Advisory Committee seek comment on
the closure of a section of Taylors Lake Road and the establishment of an
easement, to protect the Aboriginal Cultural Principles of the Aboriginal
Area and Aboriginal Place of the lake precinct, from the National Parks and
Wildlife Service.
3. That
the Arakwal Memorandum of Understanding Advisory Committee refer the schedule
of water quality testing and the erection of signage to the National Parks
and Wildlife Service for their recommendation under the terms of the Ti Tree
Lake PoM. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-467
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.3 Broken
Head Beach Caravan Park signage
File No:
I2017/1256
Committee Recommendation
4.3.1
1. That the Broken
Head Beach Caravan Park sign be replaced with option A as outlined in the
report and that Council fund the first $2,000, with the balance being funded
by the Broken Head Caravan Park.
2. That the erection
of new Welcome to Country signage be taken back to the board of the Arakwal
Corporation and reported to the next meeting of the Arakwal MoU.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-468
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.4 Ironbark
Housing Revegetation
File No:
I2017/1241
Committee Recommendation
4.4.1
1. That
the Arakwal Memorandum of Understanding Advisory Committee consider the
request from the Bundjalung of Byron Bay, Arakwal Corporation regarding
revegetation and works to restrict public access at the Ironbark Avenue
Housing Development.
2. That
Council’s Infrastructure Planning Staff and Manager Open Space and
Resource Recovery liaise with relevant Arakwal members to investigate and
cost options for consideration. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-469
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.5 Australia
Day Report
File No:
I2017/1223
Committee Recommendation
4.5.1
1. That
the Arakwal Memorandum of Understanding Advisory Committee support further discussion about the possible change of
date for 2019 Australia Day events and seek further consultation on changing
the date with the Arakwal Corporation.
2. That the Arakwal Memorandum of Understanding Advisory
Committee invite input from the Sisters for Reconciliation Group and the
Cavanbah Reconciliation Group.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-470
|
Resolved that
Council adopt the following Committee Recommendation:
Report No. 4.6 Brunswick
River Foreshore Midden System Protection
File No:
I2017/1255
Committee Recommendation 4.6.1
That Council write to Crown
Lands as a matter of urgency with regards to requesting that a barrier be
erected to protect the aboriginal cultural heritage site in the precinct
(maps to be provided) with letters of support sought from Brunswick Valley
Landcare, Tweed-Byron Land Council and the Arakwal Corporation. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-471
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.7 Bangalow
and Mullumbimby Master Plan Guidance Group Cultural Heritage
File No:
I2017/1224
Committee Recommendation 4.7.1
1. That the
Arakwal Memorandum of Understanding Advisory Committee note the Bangalow and
Mullumbimby Master Plan guidance presentation and provide feedback on the
consultation process to Council.
2. That the Arakwal
Memorandum of Understanding Advisory Committee demand that Council projects
engage consultation with aboriginal stakeholders from the commencement of the
project. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-472
|
Resolved that
Council adopt the following Committee Recommendation:
Report No. 4.8 Byron
Shire Aboriginal Cultural Heritage Study - Stage 1 Progress Report
File No:
I2017/1239
Committee Recommendation 4.8.1
That the representatives of the
Bundajung of Byron Bay Aboriginal Corporation (Arakwal) note that the Draft
Study is being reviewed in consultation with Aboriginal Stakeholders.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-473
|
Resolved that
Council adopt the following Committee Recommendation:
Report No. 4.9 Aboriginal
Services in the Byron Shire
File No:
I2017/1240
Committee Recommendation
4.9.1
1. That
the Arakwal Memorandum of Understanding Advisory Committee note the
development of this project and employment of a worker to continue to develop
this project.
2. That
Council commend the work in progress on this project. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
COMMITTEE
Reports - Infrastructure Services
|
Report No. 14.3 Report
of the Local Traffic Committee Meeting held on 19 September 2017
File No: I2017/1434
|
17-474
|
Resolved that Council note the minutes of the Local Traffic
Committee Meeting held on 19 September 2017. (Richardson/Cameron)
|
17-475
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 6.1 Event
Road Closures - Mullum2Bruns Paddle 2018
File No:
I2017/1036
Committee Recommendation 6.1.1
1. That
Council approve the Traffic Management Plan and Traffic Control Plans for the
Mullum2Bruns Paddle 2018 to be held Sunday 27 May 2018, that includes the
temporary road closure below:
a) Brunswick
Terrace, Mullumbimby, between Tincogan Street and Tyagarah Street (to become
one-way traffic), between 06:00am and 10:00am on Sunday 27 May 2018.
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)
The motion was put to the vote and declared carried.
|
17-476
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 6.2 Event
Road Closures - Falls Festival 2017/18
File No:
I2017/1146
Committee
Recommendation 6.2.1
That Council approve
the Traffic Management Plan, which includes Traffic Control Plans, for the
Falls Festival 2017/18 to be held at the North Byron Parklands site, Yelgun
Sunday 31 December 2017 to Tuesday 2 January 2018 inclusive, subject to the
following conditions:
a) Separate
approvals by NSW Police and RMS being obtained;
b) Implementation
of the approved Traffic Management Plan and Traffic Control Plan by those
with appropriate RMS accreditation and the holding of current and appropriate
levels of insurance and liability cover;
c) The
approved event size being sufficient (20,000 patrons) to trigger use of the
south car park as per the DA Condition for its use;
d) The
temporary ‘No Stopping’ where applied, including on Brunswick
Valley Way (between Shara Boulevard and Tweed Valley Way) and on Tweed Valley
Way (between Brunswick Valley Way and the Shire boundary), is implemented
prior to the event and in accordance with relevant state requirements and
Australian Standards;
e) A
communications protocol be developed and maintained by those involved in the
implementation of traffic management including monitoring and ability to
implement contingency plans as and when directed;
f) Monitoring
of vehicle volumes that arrive and depart the festival site and on the local
road network;
g) The
holding of an event debrief within the month following the festival which
includes but not limited to Council, RMS and Police;
h) As
a committee, request council to consider additional rangers patrol the Yelgun
Rest Area during the Falls Event.
i) The
event organiser:
i) advertising
the impact of the event via a notice in the local weekly paper a minimum of
one week prior to the operational impacts taking effect, noting it must
include the event name, specifics of any traffic impacts or road closures and
times, alternative route arrangements, event organiser, a personal contact
name and a telephone number for all event related enquiries or complaints;
ii) providing
a copy of the advert for Council's web page;
iii) give
consideration of any submissions received;
iv) informing
community and businesses that are directly impacted (e.g. adjacent to the
event) via written information which is delivered to the property in a timely
manner so as to document, consider and respond to any concerns raised;
v) arranging
for private property access and egress affected by the event;
vi) liaising
with bus and taxi operators and ensuring arrangements are made for provision
of services during conduct of the event;
vii) consulting
with emergency services and any identified issues be addressed;
viii) holding
$20m public liability insurance cover which is valid for the event.
ix) paying
of Council’s Road Event Application Fee prior to the event.
x) That the event
organiser be required to install a VMS board at the Yelgun Rest Area with
appropriate message restricting or prohibiting parking in the rest area, such
as “No Special Event Parking”. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-477
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 6.3 Capital
Works - Coolamon Scenic Drive (South Mullumbimby) - Regulatory Signage and
Line Marking
File No:
I2017/1236
Committee Recommendation 6.3.1
That Council approve the use of
curve and advisory speed signs, chevron alignment markers, unidirectional
hazard markers and a white double barrier line marking along Coolamon Scenic
Drive from Azalea Street to Hinterland Way as required. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-478
|
Resolved that Council adopt the following
Committee Recommendation(s):
Report No. 6.4 Event
Road Closures - 50th Anniversary NSW National Parks and Wildlife Service
File No:
I2017/1244
Committee Recommendation 6.4.1
1. That
Council endorse the Traffic Management Plan for the 50th
Anniversary of the NSW National Parks and Wildlife Service to be held on
Sunday 8 October 2017 that includes:
a) the
temporary road closure of Lighthouse Road (between Palm Valley Drive and the
Cape Byron Lighthouse) between 5:00am and 4:00pm;
b) the
use of the Clarkes Beach bus stop for the operation of the free shuttle bus
service.
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) Due
to the event being held at the end of the school holidays, the applicant be
required to supply a VMS board notifying of the road closures for the event
on Sunday 8 October. VMS board to be placed on the corner Tallows Beach Drive
from 9am Friday the 6th October advising of the road closure;
e) the
event be notified on Council’s webpage;
f) 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) paying
Council’s Road Event Application Fee prior to the event.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-479
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 6.5 Event
Road Closures - Bangalow Christmas Eve Carnival 2017
File No:
I2017/1245
Committee Recommendation 6.5.1
1. That
Council approve the Traffic Management Plan (TMP) and Traffic Control Plan
(TCP) for the Bangalow Christmas Eve Carnival 2017 to be held Sunday 24
December 2017, that includes the temporary road closure below:
a) Byron
Street, Bangalow between Ashton Street and Granuaille, between 3:30pm and
10:00pm.
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 address any identified issues;
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.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-480
|
Resolved that Council adopt the following Committee Recommendations:
Report No. 6.6 Event
Road Closures - Brunswick Woodchop Twilight Markets 2017
File No:
I2017/1246
Committee Recommendation 6.6.1
1. That
the Twilight Markets to be held on Wednesday 13 December 2017, which includes
the temporary road closure/s below, be endorsed between these times:
a) Mullumbimbi
Street Brunswick Heads, between The Terrace and Park Street on Wednesday 13
December 2017, as per the following:
i) Closure
of the area bounded by the nose-in parking and centre parking bay from 7:00am
until 11:00pm. This is the u-shaped provision for parking that is adjacent
Banner Park in the vicinity of the children's play area;
ii) Two
(2) temporary designated ‘Disability Parking’ spaces be created outside
of the hotel during the morning, with signage to be installed by
appropriately accredited persons in conjunction with the implementation of
the TCP. The existing 2 spots will have been closed off;
iii) Closure
of the remaining section of ‘through road’ between The Terrace
and Park Street from 12:00noon until 11:00pm.
b) Opening
of Memorial Park for parking on Wednesday, 13 December 2017 from 12:00noon to
allow stallholders to get their vehicles off the street before the markets
start at 3:00pm.
c) The
event organisers ensure clear access to the river is maintained at all times
for Emergency Services through the temporary parking areas.
2. That
the Fireworks Night to be held on Saturday 13 January 2018, which includes
the opening of Memorial Park for parking from 6:00pm be endorsed.
3. That
the approval provided in Part 1 and Part 2 is subject to:
a) separate
approvals by NSW Police and RMS being obtained;
b) implementation
of the approved Traffic Management Plan and Traffic Control Plan by those
with appropriate RMS accreditation and the holding of current and appropriate
levels of insurance and liability cover;
c) the
impact of the event be advertised, and charged at cost to the organisers, 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 organisers ensure clear access to the river is maintained at all times
for Emergency Services through the temporary parking areas.
e) the
event be notified on Council’s web page;
f) the
event organiser:
i) informing
community and businesses that are directly impacted (eg adjacent to the
event) via written information which is delivered to the property in a timely
manner so as to document, consider and respond to any concerns raised;
ii) arranging
for private property access and egress affected by the event;
iii) liaising
with bus and taxi operators and ensuring arrangements are made for provision
of services during conduct of the event;
iv) consulting
with emergency services and any identified issues be addressed;
v) holding
$20m public liability insurance cover which is valid for the event;
vi) paying
of Council’s Road Event Application Fee prior to the event.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-481
|
Resolved that Council adopt the following
Committee Recommendation(s):
Report No. 6.7 Event
Road Closures - Byron Lighthouse Run 2017
File No:
I2017/1250
Committee Recommendation 6.7.1
1. That
the Traffic Management Plan and Traffic Control Plan/s that relate to the
Byron Lighthouse Run 2017, to be held Sunday 22 October 2017, which includes
the temporary road closures below, be endorsed between these times:
a) Lawson
Street, between Massinger Street and Lighthouse Road, between 6:30am and
10:00am;
b) Tallow
Beach Road, between Lighthouse Road and Tallow Beach Car Park, between 6:30am
and 10:00am;
c) Lighthouse
Road, between Lawson Street and the Cape Byron Lighthouse, between 6:30am and
10:00am; and
d) Brooke
Drive, between Lighthouse Road and the Pass, between 6:30am and 10:00am.
2. That
the approval provided in Part 1 is subject to:
a) separate
approvals by NSW Police, RMS and Cape Byron Headland Trust being obtained;
b) implementation
of the approved Traffic Management Plan and Traffic Control Plan/s by those
with appropriate RMS accreditation and the holding of current and appropriate
levels of insurance and liability cover; and
c) The
event organiser:
i) advertising
the impact of the event via a notice in the local weekly paper a minimum of
one week prior to the operational impacts taking effect, noting it must
include the event name, specifics of any traffic impacts or road closures and
times, alternative route arrangements, event organiser, a personal contact
name and a telephone number for all event related enquiries or complaints;
ii) providing
copy of the advert for Council's web page;
iii) informing
community and businesses that are directly impacted (e.g. adjacent to the
event), including the Beach Byron Bay Café and North Coast Holiday
Park Clarkes Beach, via written information which is delivered to the
property in a timely manner so as to document, consider and respond to any
concerns raised;
iv) arranging
for private property access and egress affected by the event;
v) liaising
with bus and taxi operators and ensuring arrangements are made for provision
of services during conduct of the event;
vi) consulting
with emergency services with any identified issues being addressed;
vii) holding
$20m public liability insurance cover which is valid for the event; and
viii) payment
of Council’s Road Event application fee prior to the event.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-482
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 6.8 Event
Road Closures - Mullumbimby Music Festival 2017
File No:
I2017/1267
Committee Recommendation 6.8.1
1. That
the Traffic Management Plan and Traffic Control Plan/s as relates to the
Mullumbimby Music Festival 2017, to be held between Thursday 16 November 2017
and Monday 20 November 2017, which includes the temporary road closures
below, be endorsed between these times:
a) Dalley
Street, between Tincogan Street and Burringbar Street, between 11:00am and
12:00noon on Sunday 19 November 2017 - Street Parade;
b) Burringbar
Street, between Station Street and Dalley Street, effective between 10:45am
and 11:15am on Sunday 19 November 2017 - Street Parade;
c) Cenotaph
Lane, between Dalley Street and east of the fire station driveway and Murphys
Lane, effective from 4:00pm Thursday 16 November 2017 through to 8am Monday
20 November 2017; and
d) Murphys
Lane, between Cenotaph Lane and Tincogan Street, effective from 4:00pm
Thursday 16 November 2017 through to 8am Monday 20 November 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/s by those
with appropriate RMS accreditation and the holding of current and appropriate
levels of insurance and liability cover;
c) that
each temporary bus stop, as required by the event, be established in
accordance with the accredited Traffic Control Plan/s;
d) the
event organiser:
i) advertising
the impact of the event via a notice in the local weekly paper a minimum of
one week prior to the operational impacts taking effect, noting it must
include the event name, specifics of any traffic impacts or road closures and
times, alternative route arrangements, event organiser, a personal contact
name and a telephone number for all event related enquiries or complaints;
ii) providing
a copy of the advert for Council's web page;
iii) the
written concurrence of the Fire Stations on both Gordon Street and Dalley
Street, be obtained and copies provided to Council;
iv) informing
community and businesses that are directly impacted (eg adjacent to the
event) via written information which is delivered to the property in a timely
manner so as to document, consider and respond to any concerns raised;
v) arranging
for private property access and egress affected by the event;
vi) liaising
with bus and taxi operators and ensuring arrangements are made for provision
of services during conduct of the event;
vii) consulting
with emergency services and any identified issues be addressed;
viii) holding
$20m public liability insurance cover which is valid for the event;
ix) paying
of Council’s Road Event Application Fee prior to the event.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-483
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 6.9 Event
Road Closures - Chincogan Charge 2017 (out of session)
File No:
I2017/794
Committee Recommendation 6.9.1
1. That
Council note that the Local Traffic Committee reviewed the Traffic Management
Plan and Traffic Control Plan for the Chincogan Charge 2017 out of session
and concur with the event road closures.
2. That
Council note the Committee comments regarding the timelines for submission of
applications for on-road events, and provides advice (including on
Council’s website) to event organisers that submissions of applications
with less than four month’s notice cannot guarantee approval. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-484
|
Resolved that
Council adopt the following Committee Recommendation:
Report No. 7.2 Event
Road Closures - Byron Bay Triathlon 2018 (for comment only)
File No:
I2017/1248
Committee Recommendation 7.2.1
That the comments from the Local
Traffic Committee, as relates to the proposed options for the Byron Bay
Triathlon 2018, be provided to the event organisers. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-485
|
Resolved that
Council adopt the following Committee Recommendation:
Report No. 8.1 DA
10.2016.632.1 - Subdivision of One Lot into Two Lots - 103 Paterson Street,
Byron Bay
File No:
I2017/1147
Committee Recommendation 8.1.1
That the Local Traffic
Committee’s comments relating to DA 10.2016.632.1 be provided to the
Council Planning Team. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
Report No. 14.4 Report
of the Water, Waste and Sewer Advisory Committee Meeting held on 14 September
2017
File No: I2017/1456
|
17-486
|
Resolved that Council note the minutes of the Water, Waste
and Sewer Advisory Committee Meeting held on 14 September 2017. (Richardson/Cameron)
|
17-487
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.1 Water
and Sewer Strategic Business Plan
File No:
I2017/679
Committee Recommendation 4.1.1
1. That
Council note:
a) the
report on the Water and Sewer Strategic Business Plan;
b) that
while the original design for Brunswick Valley Sewerage Treatment Plant included
effluent storage to enable reuse, it did not include storage of untreated
sewerage.
2. That
the business plan be amended so that construction of a storage for untreated
sewerage at Brunswick Valley Sewerage Treatment Plant not proceed until inflow/infiltration
options have been considered.
3. That
Council map its sewer pump station catchments in Mullumbimby and list the
number of connections versus dry weather flow and then peak daily wet weather
flow, so that worst areas can be identified for inflow/infiltration. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-488
|
Resolved that Council
adopt the following Committee Recommendation(s):
Report No. 4.2 Urban
Recycled Water Commercial Connections Policy
File No:
I2017/841
Committee Recommendation 4.2.1
That Council note the Water,
Waste and Sewer Advisory Committee considered the draft Urban Recycled Water
Commercial Connections Policy. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-489
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.3 Water
and Sewer Equivalent Tenement Policy Review
File No: I2017/1232
Committee Recommendation 4.3.1
1. That
Council note the report on the Water and Sewer
Equivalent Tenement Policy Review.
2. That
the reduction amount for waterless composting toilets, in the table under
section 4.4 of Attachment 1 to the Water and Sewer Equivalent Tenement Policy
Review report, be changed from 16% to 25%.
3. That
the Draft Water and Sewer Equivalent Policy 2017 be placed on public
exhibition.
4. That Council receive a report
investigating whether local effects give water and sewer Equivalent Tenement
rates different from those listed under sections 6 and 9 in Appendix A of
Attachment 1 to the Water and Sewer Equivalent
Tenement Policy Review report.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-490
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.6 Update
on the Container Deposit Legislation
File No:
I2017/1254
Committee Recommendation 4.6.1
1. That
Council note the report on the update of the Container Deposit Legislation
and the legislative limitations for Council to nominate the number and
location of collection points.
2. That
Council receive a report with options for the allocation of revenue received
from the Materials Recycling Facility for eligible containers collected
within the kerbside recycling stream, including options for litter reduction
or other resource recovery programs.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
Report No. 14.5 Report
of the Water, Waste and Sewer Advisory Committee Meeting held on 10 October
2017
File No: I2017/1500
|
17-491
|
Resolved that Council note the minutes of the Water, Waste
and Sewer Advisory Committee Meeting held on 10 October 2017. (Richardson/Cameron)
|
17-492
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.1 State
Government Water and Sewerage Performance Reports
File No:
I2017/1234
Committee Recommendation 4.1.1
1. The
Water Waste and Sewer Advisory Committee recommends that Council notes the
continuing improving performance in both cost and service delivery for the
Water and Sewer services.
2. That
a report comes to one of the next committee meetings on options to reduce
odour sewage Pump Station number 3001 and 3023. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-493
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.2 Byron
Shire Effluent Management Strategy (Draft)
File No:
I2017/1235
Committee Recommendation 4.2.1
1. The
Water Waste and Sewer Advisory Committee notes the draft of the Byron Shire
Effluent Management Strategy.
2. That
Committee members provide feedback within 2 weeks including questions and
information concerning the effectiveness and performance of the current reuse
practices at Byron Bay Golf Course.
3. That
the earlier report on Urban and Rural Water Reuse (circa 2003) prepared by
John Murtagh be distributed to committee members. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-494
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.3 Vallances
Road Plan of Management
File No:
I2017/1259
Committee Recommendation 4.3.1
The Water Waste and Sewer
Advisory Committee recommends that Council notes the Vallances Road Plan of
Management. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-495
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.4 Update
on the review of Council's Integrated Waste Management and Resource Recovery
Strategy
File No:
I2017/1262
Committee Recommendation 4.4.1
That the update of the review of
Council’s Integrated Waste Management and Resource Recovery Strategy be
noted. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-496
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.5 Response
to Alan Dickens Questions
File No:
I2017/1268
Committee Recommendation 4.5.1
That the Water Waste and Sewer
Advisory Committee notes the report. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-497
|
Resolved that Council adopt the following Recommendation(s):
Report No. 4.6 Items
For the Committee Requested by Duncan Dey
File No:
I2017/1269
Committee Recommendation 4.6.1
That Council notes that report
number 4.6 Items For the Committee Requested by Duncan Dey, was not
discussed and has been referred to the next committee meeting. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
Procedural Motion
|
17-498
|
Resolved that
Council change the order of business to deal with Reports 9.2, 9.3, 9.6,
13.4, 13.17, 13.18, 13.19, 13.21, 13.25 and 13.26 next on the Agenda. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
The Mayor, in accordance
with Part 1 of Council Resolution 17-449 suspended standing orders to allow for
a presentation on the Draft 2016/2017 Financial Statements from Council’s External Auditor, Reiky Jiang of the NSW Audit
Office.
Council resumed standing
orders following the presentation.
Mayoral
Minute
There was no Mayoral Minute.
Notices
of Motion
|
Notice of Motion No. 9.2 Clothes
Optional Tyagarah Beach
File No: I2017/1448
|
|
Moved that Council:
1. Revoke
its declaration of 27 October 1998 declaring a part of the Tyagarah Beach as
clothes optional (Resolution 8147)
2. Allow
the use of all Byron Shire Beaches for nude bathing except for the following
beaches (or part thereof):
i. Broken
Head and Suffolk Park (approx. 11km) – from the Byron Shire boundary on
Seven Mile Beach through to the Scott Street walking track on Tyagarah Beach
ii. Wategos
Beach (0.8km) – from Little Wategos to the end of Wategos
iii. Clarkes
and Main Beach Byron Bay (2km) – from The Pass to the beginning of the
Cavanbah Reserve Beach
iv. Belongil
Beach (2.5km) – from Kendall Street to the beginning of the Tyagarah
Nature Reserve
v. Brunswick
Heads Beach (1km) – from the Brunswick breakwall south to the beginning
of the Tyagarah Nature Reserve
vi. Torakina
Beach (0.3km) – all of Torakina Beach
vii. New
Brighton Beach (1km) – from North Head Road through to Ocean Avenue
viii. South
Golden Beach (1km) – from South Golden Beach Community Centre north for
1 km.
3. Subject
to the consent of the person who owns or controls the land, erect notices
allowing the use of the places not excluded by i) above for the purposes of
nude bathing.
4. Advise
relevant state agencies, including National Parks and Wildlife Service,
Department of Primary Industry and NSW Police, of its Resolution; and
5. Distribute
a media release advising the general public of the Resolution.
6. That
Council conduct a review of this resolution within a 12 month period. (Spooner/Hackett)
|
AMENDMENT
17-499
|
Resolved that
Council:
1. Erect
signs within two weeks declaring Tyagarah Beach a clothes optional beach
(nude bathing permitted) 200 metres south of Grays Lane for a distance of 800
metres.
2. Work
with NPWS, beach users, police and community safety committee to enhance
safety at Tyagarah Beach or identify more suitable locations.
3. Support
police action to deter inappropriate behaviour at Tyagarah Beach.
4. That
a report be brought back to Council after three months to detail the results
of the enhanced stakeholder safety initiatives.
5. That
this resolution rescinds Council resolution 8147. (Cameron/Coorey)
|
The amendment was put to the vote and declared carried.
Crs Richardson, Hackett, Spooner and Hunter voted against
the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Richardson, Hackett, Spooner and Hunter voted against
the motion.
The meeting adjourned at 12.34pm for lunch and reconvened
at 1.23pm.
|
Notice of Motion No. 9.3 Refunding
Council’s Feral Animal Management Program
File No: I2017/1460
|
17-500
|
Resolved:
1. That Council reinstates the Feral Animal
Management Programme by allocating $10,000 to assist meeting the costs of a
trapper from January to June 2018 and a further $20,000 be allocated in the
18/19 and subsequent financial years.
2. That
the program commence after consultation between Council and landholders,
Landcare, Local Land Services, NPWS and other relevant agencies to quantify
the numbers and areas of feral animals and wild dogs to develop a targeted
approach to controls; and that this consultation be completed prior to March
2018. (Hunter/Lyon)
|
|
Procedural
Motion
|
17-501
|
Resolved that
the motion be put. (Hunter)
The motion was put to the vote and declared carried.
|
The motion (Hunter/Lyon) was put to the vote and declared
carried.
|
Notice of Motion No. 9.6 Current
and future capacity of Bangalow STP - Assessment of capacity of the Bangalow
sewerage system to handle sewage from DA No:10.2016.283.1 'Rural Industries
Food Precinct 201 Lismore Rd Bangalow 2479.
File No: I2017/1496
|
17-502
|
Resolved that Council receive as a matter of urgency a report that assesses
the various capacities of the Bangalow sewerage system in the longer term and
provides a basis to consider the feasibility or otherwise of connecting the
proposed 'Rural Industries Food Precinct' (DA No:10.2016.283.1; 201
Lismore Rd Bangalow) as an alternative to its current proposal for on-site
wastewater management. Assessments to include:
1.
Flow and composition of sewage that could be
generated as proposed in DA No:10.2016.283.1 or as expanded over the years by its tenants.
2. Current loading and
treatment capacity of the Bangalow STP in both dry and wet weather, and in
terms of both flow and pollutant loads.
3. Projected
utilisation of the Bangalow STP taking into consideration the following:
· Previous assessments
of allocations to the Bangalow sewerage system
· Byron Shire Council LEP (2014)
· Byron Shire Council Preliminary Draft Residential Strategy (Aug
2016)
· Bangalow Settlement Strategy (2003)
4. Upgrade
and augmentation works which would be required to accommodate treatment of
the wastewater loads generated by both the above mentioned Development
Application and other projected sewage loads through to a 20 year horizon,
including but not limited to:
· Sewerage network
infrastructure
· Dry weather flow
balancing
· Inlet works
· Secondary treatment
· Disinfection
· Biosolids processing and
management
· Odour control works (both
network and STP)
· Whole-of-life costs
associated with development, operation, and maintenance.
5. Impact on
the receiving environment (Byron Creek and Wilsons River) of additional flow
and its content as would come to the system from the proposal.
6. Not approve any application to
connect the proposal to Bangalow's sewerage system, including any additional flow
or load (sewage content) that would be sent to the receiving environment
unless the report shows conclusively that the STP has the capacity to handle
the extra load from this development without compromising existing standards
and expectations of future use.
7. That a report be presented to
Council at its December meeting. (Cameron/Ndiaye)
The motion was put to the vote and declared carried.
|
Staff
Reports - Corporate and Community Services
|
Report No. 13.4 Review
of Mullumbimby Outside of School Hours Care Services
File No: I2017/1351
|
17-503
|
Resolved:
1. That Council note the current
facility constraints, low enrolment numbers, child protection provisions and
requirements to meet National Quality Standards at the Mullumbimby OSHC
service.
2. That Council note the
commitment and support from the Principal of Mullumbimby Public School and
the Parents and Citizens Association of Mullumbimby Public School to overcome
the current facility constraints and low enrolment numbers.
3. That Council renew its Department of
Education Licence for a period of 12 months from 23 December 2017, and work
intensively with Mullumbimby Public School to grow enrolment numbers to at
least an average of 9 per day by the end of term 1 in 2018 to an improved
facility.
4. The service to be reviewed
again at the end of the current financial year. (Hunter/Spooner)
The motion was put to the vote and declared carried.
|
Staff Reports - Sustainable
Environment and Economy
|
Report No. 13.17 PLANNING
- Rural Land Use Strategy - Submissions Report and Finalisation
File No: I2017/1344
The mayor suspended standing orders to
allow for public access on this matter.
Lewis Haigh addressed Council against the
recommendation.
|
17-504
|
Resolved that Council:
1. Note
the update on priority actions progressed to date as contained in Table 1 of
this report;
2. Adopt
the proposed amendments to the draft Rural Land Use Strategy (RLUS) and
supporting documents, as contained in Table 2 and Table 3 of this report, to
enable submission to Department of Planning & Environment;
3. Delegate
authority to the Director Sustainable Environment & Economy to amend the
draft Rural Land Use Strategy in relation to any consequential (non-policy)
and/or other minor editorial amendments required for clarity or accuracy,
prior to submitting to Department of Planning & Environment for final
endorsement; and
4. Receive a
report at the meeting on 23 November 2017 regarding site specific planning
proposals being considered as part of the RLUS including at 74 Charltons
Road, Federal.
(Richardson/Ndiaye)
|
AMENDMENT
Moved that Council:
1. Note
the update on priority actions progressed to date as contained in Table 1 of
this report;
2. Adopt
the proposed amendments to the draft Rural Land Use Strategy (RLUS) and
supporting documents, as contained in Table 2 and Table 3 of this report, to
enable submission to Department of Planning & Environment;
3. Delegate
authority to the Director Sustainable Environment & Economy to amend the
draft Rural Land Use Strategy in relation to any consequential (non-policy)
and/or other minor editorial amendments required for clarity or accuracy, prior
to submitting to Department of Planning & Environment for final endorsement;
and
4. Does not proceed with the Planning Proposal (ref # 26.2014.10) to
allow multiple occupancy development with consent at 74 Charltons Road,
Federal, as it does not satisfy the draft RLUS criteria for future rural
lifestyle living opportunities and the State/regional policy framework (namely
the North Coast Regional Plan and s117 Ministerial Direction 5.3).
(Cameron/Hackett)
The meeting adjourned at 2.07pm to open the
Byron Shire Reserve Trust Committee Meeting. Resolution numbers 17-504
and 17-505 were used during that meeting.
The Ordinary meeting reconvened at 2.17pm.
The amendment (Cameron/Hackett) was put to the vote and
declared lost.
Crs Coorey, Cameron and Hackett voted in favour of the
amendment.
Crs Martin, Lyon, Ndiaye, Richardson, Spooner and Hunter
voted against the amendment.
The motion (Richardson/Ndiaye) 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. 13.18 PLANNING
- 26.2016.6.1 - Existing Land Uses at The Farm, Ewingsdale Road, Ewingsdale
File No: I2017/1431
|
|
Moved:
1. That
Council support the application for a Planning Proposal and authorise the
Director SEE to negotiate with the applicant to facilitate the preparation of
a Planning Proposal at the applicant’s cost.
2. That
Council’s support of the Planning Proposal is withdrawn in the event
that a costs agreement for the processing of the Planning Proposal not be
executed within 28 days of the date of this resolution ie close of business
23 November 2017.
3. That
the Planning Proposal deal only with the following uses on the site:
- Wholesale
Bakery
- Agricultural
training/education facilities
- Administration
offices
- Small-scale
information centre
and that it be reported back to
Council at the meeting of December 2017 for further deliberation prior to it
being forwarded to the NSW Dept of Planning and Environment for a Gateway
Determination.
4. That
in the event that Council becomes aware of uses of the property beyond those
set out in 3 above those unauthorised uses be investigated and actioned in
accordance with Council’s Enforcement Policy. (Lyon/Hackett)
|
|
Procedural
MotionS
|
17-506
|
Resolved that Cr Lyon be granted a two minute
extension to his speech. (Richardson/Martin)
The motion was put to the vote and declared carried.
|
17-507
|
Resolved that Cr Richardson be granted a two minute
extension to his speech. (Ndiaye/Martin)
The motion was put to the vote and declared carried.
|
AMENDMENT
Moved:
1. That Council support the application
for a Planning Proposal and authorise the Director Sustainable Environment and
Economy to negotiate with the applicant to facilitate the preparation of a
Planning Proposal at the applicants cost.
2. That the Planning Proposal deal only
with existing uses on the site, and that it be reported back to Council at the
meeting of December 2017 for further deliberation prior to it being forwarded
to the NSW Department of Planning and Environment for a Gateway Determination.
(Spooner/Richardson)
|
Procedural
MotionS
|
17-508
|
Resolved that Cr Spooner be granted a two minute
extension to his speech. (Richardson/Hackett)
The motion was put to the vote and declared carried.
|
17-509
|
Resolved that
Cr Ndiaye be granted a two minute extension to her speech. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
17-510
|
Resolved that Cr Hackett
be granted a two minute extension to her speech. (Richardson/Spooner)
The motion was put to the vote and declared carried.
|
17-511
|
Resolved that Cr Cameron be granted a two minute
extension to his speech.
(Richardson/Hackett)
The motion was put to the vote and declared carried.
|
The amendment was put to the vote and declared lost.
Crs Richardson, Ndiaye and Spooner voted in favour of the
amendment.
Crs Coorey, Martin, Lyon, Cameron, Hackett and Hunter
voted against the amendment.
The motion was put to the vote and declared lost.
Crs Martin, Lyon, Cameron and Hackett voted in favour of
the motion.
Crs Coorey, Ndiaye, Richardson, Spooner and Hunter voted
against the motion.
FORESHADOWED MOTION
Moved: That
council not endorse the progression of a Planning Proposal and that the
operations on The Farm be brought into compliance with the conditions of
consent of the original DAs. (Coorey/Hackett)
|
Procedural
Motion
|
17-512
|
Resolved that
the motion be put. (Richardson)
The motion was put to the vote and declared carried.
|
The motion (Coorey/Hackett) was put to the vote and
declared lost.
Crs Coorey, Lyon and Hackett voted in favour of the
motion.
Crs Martin, Ndiaye, Richardson, Cameron, Spooner and Hunter
voted against the motion.
|
FORESHADOWED
Motion
|
17-513
|
Resolved that the motion (Lyon/Hackett) be recommitted. (Spooner/Hackett)
The motion was put to the vote and declared carried.
|
17-514
|
Resolved:
1. That
Council support the application for a Planning Proposal and authorise the
Director SEE to negotiate with the applicant to facilitate the preparation of
a Planning Proposal at the applicant’s cost.
2. That
Council’s support of the Planning Proposal is withdrawn in the event
that a costs agreement for the processing of the Planning Proposal not be
executed within 28 days of the date of this resolution ie close of business
23 November 2017.
3. That
the Planning Proposal deal only with the following uses on the site:
- Wholesale Bakery
- Agricultural
training/education facilities
- Administration offices
- Small-scale information
centre
and that it be reported back to
Council at the meeting of December 2017 for further deliberation prior to it
being forwarded to the NSW Dept of Planning and Environment for a Gateway
Determination.
4. That
in the event that Council becomes aware of uses of the property beyond those
set out in 3 above those unauthorised uses be investigated and actioned in
accordance with Council’s Enforcement Policy. (Lyon/Hackett)
|
AMENDMENT
Moved:
1. That Council support
the application for a Planning Proposal and authorise the Director Sustainable
Environment and Economy to negotiate with the applicant and neighbours to
facilitate the preparation of a Planning Proposal at the applicants cost.
2. That the Planning
Proposal deal only with existing uses on the site, and that it be reported back
to Council at the meeting of December 2017 for further deliberation prior to it
being forwarded to the NSW Department of Planning and Environment for a Gateway
Determination. (Spooner/Richardson)
The amendment was put to the vote and declared lost.
Crs Ndiaye, Richardson, Spooner and Hunter voted in
favour of the amendment.
Crs Coorey, Martin, Lyon, Cameron and Hackett voted
against the amendment.
The motion was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Cameron, Hackett and Hunter
voted in favour of the motion.
Crs Ndiaye, Richardson and Spooner voted against the motion.
The meeting adjourned at 4.25pm and reconvened at 4.35pm.
|
Report No. 13.19 PLANNING
- 10.2017.198.1 Mixed Use Development for Three (3) Commercial Tenancies (for
use as Shop, Restaurant or Cafe or Office Premises) and Six (6) Shop Top
Housing Dwellings at 9 Station Street Bangalow
File No: I2017/1437
|
17-515
|
Resolved that
Council defer consideration of development application 10.2017.198.1:
1. to obtain further
information;
2. to request the
proponent to lodge amended plans to reduce the bulk and scale that does not
require an excessive cut contrary to the DCP 2014; and
3. an independent
review of heritage assessment regarding the site context and sunken
façade of the commercial components and their interface with the
street. (Cameron/Richardson)
The motion was put to the vote and declared carried.
|
|
Procedural Motion
|
17-516
|
Resolved that
Council change the order of business to deal with Reports 13.11, 13.23 and
16.1 next on the Agenda. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
Staff Reports - Corporate and
Community Services
|
Report No. 13.11 Selection
of Councillors for Mullumbimby Hospital Site Project Reference Group
File No: I2017/1484
|
17-517
|
Resolved:
1. That
Crs Martin, Cameron, Richardson and Ndiaye make up the Councillor
representatives for the Mullumbimby Hospital Project Reference Group.
2. That
the constitution be changed to allow for four councillor representatives.
(Martin/Richardson)
The motion
was put to the vote and declared carried.
|
Staff Reports - Sustainable
Environment and Economy
|
Report No. 13.23 Update
Draft Coastal Zone Management Plan - Byron Bay Embayment
File No: I2017/1446
|
|
Moved:
1. That
council note the additional information on report 13.23 (refer memo dated 18
October 2017 E2017/100956).
2. That
as a consequence of point 1, Council prepare a newly formed draft CZMP for
the Eastern Precinct of the Byron Bay Embayment.
3. That
the General Manager be authorised to undertake the actions outlined in this
memo in respect of the development of a CZMP for the Eastern Precinct of the
Byron Bay Embayment. (Hackett/Richardson)
|
|
Procedural
Motion
|
17-518
|
Resolved that this matter rest on the table. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
CONFIDENTIAL Reports - Corporate
and Community Services
|
Report No. 16.1 Confidential - Grant 6-year
sub-licences for Surf Schools, Personalised Surf Schools, Sea Kayaks and
Stand Up Paddleboards as Preferred Tenderers
File No: I2017/1312
|
17-519
|
Resolved:
1. That
Council does not move into confidential session; and
2. That
Council adopt the staff recommendation on the sub-licences as follows:
1. That
Council grant six (6) year commercial activities sub-licences in accordance
with clause 60(b) of Crown Licence RI 564194 for:
a) Surf
Schools
i) Black
Dog Surfing Pty Ltd
ii) Byron
Bay Surf School Pty Ltd (Jayme Edwards)
iii) Style
Surfing School Byron Bay (Gary Morgan & Virginia Hardwick)
iv) Surfing
Byron Bay Pty Ltd (t/a Lets Go Surfing Byron Bay)
b) Personalised
Surf Schools
i) Rusty
Miller Personalised Surfing Byron Bay Holiday Guide
ii) Soul
Surf School Pty Ltd
c) Sea
Kayaks
i) Byron
Sea Kayaks Pty Ltd (t/a Cape Byron Kayaks)
ii) Kurt
Tutt, Go Sea Kayaks Byron Bay Pty Ltd
d) Stand
Up Paddleboard
i) Byron
Bay Surf School Pty Ltd (Jayme Edwards)
ii) Byron
Stand Up Paddle (Ricky Jacobson)
iii) Surfing
Byron Bay Pty Ltd (t/a Lets Go Surfing Byron Bay)
2. That
Council’s seal be affixed to the relevant documents. (Richardson/Lyon)
The motion was put to the vote and declared carried.
|
|
Procedural Motion
|
17-520
|
Resolved that Report No 13.23 be lifted from the table. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
Staff Reports - Sustainable
Environment and Economy
|
Report No. 13.23 Update
Draft Coastal Zone Management Plan - Byron Bay Embayment
File No: I2017/1446
|
17-521
|
Resolved:
1. That
council note the additional information on report 13.23 (refer memo dated 18
October 2017 E2017/99558).
2. That
as a consequence of point 1, Council prepare a newly formed draft CZMP for
the Eastern Precinct of the Byron Bay Embayment.
3. That
the General Manager be authorised to undertake the actions outlined in this
memo in respect of the development of a CZMP for the Eastern Precinct of the
Byron Bay Embayment.
(Hackett/Richardson)
The motion was put to the vote and declared carried.
|
|
Procedural Motion
|
17-522
|
Resolved that Council change the order of business to deal
with items 13.25, 9.8 and 9.9 next on the Agenda. (Richardson/Lyon)
The motion was put to the vote and declared carried.
|
|
Report No. 13.25 Heritage
and Environmental Assessment Reports - Coastal Cypress Pines at Terrace
Reserve Brunswick Heads
File No: I2017/1474
|
17-523
|
Resolved:
1. The area of Coastal Cypress
Pines within the 2014 approved POM for the Terrace Holiday Park be
listed on Byron Shire Council's LEP Schedule 5 under Environmental Heritage.
2. Council pursue the listing of the
significant area in the southern part of the Terrace Holiday Park under
section 25 (2) of the NSW Heritage Act 1977.
3. Council pursue a nomination to
the Heritage Division of the Office of Environment and Heritage (OEH) for
listing of the significant area on the State Heritage Register.
4. Council acknowledge the findings
in the ecologist's report advising that preservation and conversation of the
Coastal Cypress Pines in the southern area of the Terrace Holiday Park is
best managed by removing all existing infrastructure and use of the area and
restricting all activities to the northern area. Council formally
advises NSW Crown Holiday Parks of these findings.
5. Council formally advises NSW
Crown Holiday Parks Trust of the ecologist's recommended tree management
strategies and works with them to achieve this.
6. That Council note the pressing
issue of the Aboriginal cultural heritage issues raised in the recommendation
of the Arakwal Memorandum of Understanding Advisory Committee
meeting of Friday, 22 September 2017:
"That Council write to Crown Lands as a matter of urgency with
regards to requesting that a barrier be erected to protect the aboriginal
cultural heritage site in the precinct (maps to be provided) with letters of
support sought from Brunswick Valley Landcare, Tweed-Byron Land Council and
the Arakwal Corporation.” (Coorey/Spooner)
|
|
Procedural
Motion
|
17-524
|
Resolved that Cr Coorey be granted a two minute extension
to her speech. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
The motion (Coorey/Spooner) was put to the vote and
declared carried.
notices of motion
|
Notice of Motion No. 9.8 Effluent
Pathway as per Bayley Report
File No: I2017/1502
|
17-525
|
Resolved that
Council consider the “Bayley Report” as amended after the Panel
meeting 28 September complete, and use it as the basis for application for
permissions from various authorities (including BSD Union) to introduce a
second drainage path as described by Option 2 of the Report. (Lyon/Ndiaye)
The motion was put to the vote and declared carried.
|
|
Notice of Motion No. 9.9 Drainage
Union Contributions
File No: I2017/1504
|
17-526
|
Resolved that Council estimate a contribution rate it is
likely to pay to the reformed S D Union for use of the Drain as part of the
effluent path from BBSTP, and pay that amount in advance to assist the Union
cover its expenses such as preparing a Management Plan. (Lyon/Hackett)
The motion was put to the vote and declared carried.
|
Staff
Reports - Sustainable Environment and Economy
|
Report No. 13.21 Update
Council Resolution 17-191 Secondary Dwelling Conditions
File No: I2017/1444
|
17-527
|
Resolved that Council note
the report. (Richardson/Ndiaye)
The motion was put to the
vote and declared carried.
|
|
Report No. 13.26 Manfred
Street - Update Reclassification Planning Proposal
File No: I2017/1443
|
17-528
|
Resolved:
1. That
Council not proceed with preparing any Planning Proposal to reclassify any of
the land identified referred to in resolution 15-230.
2. That
it be noted that it is the intent of Council that this resolution is to
replace resolution
15-230.
(Hackett/Lyon)
The
motion was put to the vote and declared carried.
Cr
Hunter voted against the motion.
|
notices of motion
|
Notice of Motion No. 9.1 Mayor's
Discretionary Allowance
File No: I2017/1292
|
17-529
|
Resolved:
1. That
Council confirm the donation to Mullum Cares ($250) from the Mayor’s
Discretionary Allowance 2017/18.
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. 9.4 Commitment
to the Community Charter for Good Planning
File No: I2017/1461
|
17-530
|
Resolved:
1. That
Council reaffirm its commitment to the Community Charter for Good Planning.
2. That
Councillors work with staff to integrate the principles of the Charter into
planning decisions. (Coorey/Richardson)
|
|
Procedural
Motion
|
17-531
|
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/Richardson) was put to the vote and
declared carried.
Cr Hunter voted
against the motion.
|
Procedural
Motion
|
17-532
|
Resolved That the following items be dealt with at an
Extraordinary Meeting to be held on 2 November 2017:
9.5 Affordable Housing
9.7 Supporting community resilience in flood planning
10.1 Petitions
11.1 Byron Shire Council Submissions and Grants as at 27
September 2017
13.3 Appointment of new alternate
Councillor representative to Richmond Tweed Regional Library Committee
13.6 Council Investments September
2017
13.13 PLANNING - Review of further subdivision
potential in the Ewingsdale and Mullumbimby 'R5 Large Lot Residential Zone'
13.22 Update on Resolution 17-263 Short Term Rental
Accommodation Enforcement Options
13.27 Proposed Strategic Business Panel
13.28 Update on Resolution 17-283 Innovative
Business Incubation Program
13.30 Settlement Road Proposed Actions
14.3 Report of the Local Traffic
Committee Meeting held on 19 September 2017
14.3.7.1
Shared Zone - Seven Mile Beach Road, Broken Head
16.2 Confidential
- Council Tender for the Multi Use of Byron Shire Rail Corridor
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
|
Procedural Motion
|
17-533
|
Resolved that Council
change the order of business to deal with Report 13.1 next on the Agenda.
(Richardson/Martin)
The motion was put to the vote and declared carried.
|
Staff
Reports - Corporate and Community Services
|
Report No. 13.1 Local
Government NSW Annual Conference 2017
File No: I2017/641
|
17-534
|
Resolved that Council:
1. Note
the authorisation for Cr Ndiaye to attend the Local
Government NSW Annual Conference as a voting delegate, as per Council
Resolution 17-439, adopted at its Ordinary meeting held on 21 September 2017.
2. Authorise
Crs Hunter and Lyon as additional voting delegates to attend the Local
Government NSW Annual Conference 2017 to be held at the Hyatt Regency, Sydney,
NSW from 4 to 6 December 2017. (Cameron/Ndiaye)
The motion was put to the vote and declared carried.
|
Questions
With Notice
|
Question With Notice No. 15.1 Works
in Protected Areas
File No: I2017/1164
|
|
At Council’s
Ordinary Meeting held on 24 August 2017, Matthew O’Reilly asked the
following question which was taken on notice:
Is Byron Council still implementing motion 12-560
“works in protected areas” and is it still being complied with?
Response Manager Works:
Works in Protected Areas
Res
12-560
1. That where
Council proposes to utilise the provisions of the State Government
Infrastructure SEPP for works located in environmental protection zones,
Council require a report for these matters to Council prior to any approval
with consideration and assessment of Council's geographical information
system High Conservation Value data layers and consultation with Natural
Resource Management staff.
2. That Council
develop a policy/procedure that clearly defines the appropriate measures for
the disposal of vegetation in relation to the works and the awarding of
contracts and that this be reported to Council and to consider:
a) contracts
for tree removal not including ownership of logs; and
b) trees/logs
or other infrastructure eg timber bridges, removed for infrastructure works
on public land be assessed for appropriate use to determine the value of
leaving on site for habitat or to be used for the provision of public
purposes eg outdoor furniture, public art, fencing or for sale with proceeds
returned to Council.
3. That the PRG
consideration of road management be deemed a priority.
Staff do not have an option to utilise or not utilise the
provisions of the SEPP Infrastructure as it applies to works under the
SEPP. The SEPP applies to all types of development listed in the SEPP
and the SEPP will prevail over the provisions of the LEP. The
provisions of the Infrastructure SEPP must be applied to all works unless an
alternate environmental planning instrument (SEPP 14 for example)
prevails.
The SEPP Infrastructure has three categories of
development. Development is defined in the Environmental Planning and
Assessment Act 1979 as follows:
development means:
(a) the use of land, and
(b) the subdivision of land,
and
(c) the erection of a building,
and
(d) the carrying out of a work,
and
(e) the demolition of a
building or work, and
(f) any
other act, matter or thing referred to in section 26 that is controlled by an
environmental planning instrument,
This means that all works are development including road
work.
The three categories of development in the SEPP are:
1 Exempt
development does not require a Review of Environmental Factors (REF) or a
Development Application (DA);
2 Development
without consent ( requires a REF);
3 Development
with consent ( requires a DA);
The current resolution refers to all environmental
protection zones. Clause 8 of LEP 1988 lists the following zones as
environmental protection:
Environmental Protection
Zone No 7
(a)—(Wetlands Zone)—black edging, lettered “7 (a)”
and coloured orange.
Zone No 7
(b)—(Coastal Habitat Zone—black edging, lettered “7
(b)” and coloured orange.
Zone No 7
(c)—(Water Catchment Zone)—black edging, lettered “7
(c)” and coloured orange.
Zone No 7
(d)—(Scenic/Escarpment Zone)—black edging, lettered “7
(d)” and coloured orange.
Zone No 7
(f1)—(Coastal Lands (f1) Zone)—black edging, lettered “7
(f1)” and coloured orange.
Zone No 7
(f2)—(Urban Coastal Lands (f2) Zone)—black edging, lettered
“7 (f2)” and coloured orange.
Zone No 7
(j)—(Scientific Zone)—black edging, lettered “7 (j)”
and coloured orange.
Zone No 7
(k)—(Habitat Zone)—black edging, lettered “7 (k)” and
coloured orange.
Zone No 8
(a)—(National Parks and Nature Reserve Zone)—black edging,
lettered “8 (a)” and uncoloured with dark green edging.
As an example relating only to road maintenance activities
for the Works Section, this resolution as it relates to Clause 97 of the SEPP
is that works such as, pothole patching, bitumen resealing, asphalt resheets,
line marking, replacement of signs and emergency works that do not need a REF
should be reported to Council. This resolution does in fact prevent the
Works Section from undertaking these activities without investigation of Council’s
GIS to assess High Conservation Value data layers,
consultation with Natural Resource Management staff and reporting to
Council.
The following is an example of how this resolution
restricts the operations of the Works Section of the Infrastructure Services
Directorate:
1 Council’s Works Section would not be able to patch
potholes in this section of Coolamon Scenic Drive that is mapped as Zoned 7D
without an REF and report to Council.
This activity is currently exempt development under the SEPP
and does not require an REF and is currently not reported to Council.
Clause 94 of the SEPP relates to road infrastructure
facilities that are permissible without consent. Development without
consent requires a REF. An REF is required by Section 111 of the
Environmental Planning and Assessment Act 1979. Section 111 required an
authority (Council) proposing to carry out an activity to examine and take into account to the
fullest extent possible all matters affecting or likely to affect the
environment by reason of that activity. Road work and work is
considered to be an activity under the terms of the Act. Clause 94
relates to activities that may have an impact on the environment.
REFs are already required for development without
consent. The section 111A of the act and clause 228 of the regulations
set out the factors to be taken into account concerning the impact of an
activity on the environment. These factors, where relevant, must be
incorporated into the REF.
In 2014 Council engaged an experienced environmental
planning consultant to:
· Investigate and review
the current approvals processes used by Council Infrastructure Services staff
(including document the review and interview staff)
· Provide a report of
findings and detail where and how Council can improve and streamline
processes.
· Meet with staff and
train staff on the use of the SEPP Infrastructure, Roads Act, Local
Government Act, Environmental planning and Assessment Act, 1979 and Byron LEP
2014. Help staff to understand when a work is subject to Part 4
of the EPA Act 1979 (a DA is required) and when it is subject to Part 5 of
the EPA Act 1979 (an REF is required) or when it is exempt development (no
assessment is required).
· Prepare draft
templates to enable staff to prepare a Conservation Risk Assessment (CRA) for
small scale projects (that are otherwise exempt development) ; or a Review of
Environmental Factors (REF) for small to medium scale projects that are
assessable pursuant to Part 5 of the EPA Act 1979.
Staff have been implementing this training since this
time. New staff have also been given training and existing staff have had
refresher training.
When preparing an REF staff generally use a consultant
ecologist to assess any vegetation or habitat that will be impacted.
This ensures that threatened species and EEC’s are not impacted without
proper assessment. It is Councils goal to avoid any impacts on
threatened species, EEC’s and native vegetation generally. Where
vegetation impacts are unavoidable then Council applies its Byron
Biodiversity Conservation Strategy (2004) and compensation plantings are
required.
The Aboriginal heritage due diligence approach is applied
to Council works and staff have been trained in accessing the AHIMs web site
to check for sites and places of cultural significance. It is Councils goal
to avoid any impacts on Aboriginal heritage. Council uses its
Aboriginal Project Officer as a point of contact for the Bundjalung of Byron
Bay Aboriginal Corporation (Arakwal ) and Tweed Byron LALC.
Staff are aware of the socio-economic impacts of works in
certain locations and undertake early liaison with affected parties ( e.g.
shop owners, residents or neighbours to a work area) to ensure that works
cause minimal disruption. Works are timed to avoid peak periods (where
possible) such as Easter and Christmas. Where works involve Crown land
or National Park / Nature Reserve / Marine Park then the relevant government
authority is involved. In some projects they become a Determining Authority as
well. In others they are required to issue a licence for the work to take
place.
Staff have the option of using an external consultant to
either prepare or review REFs (budget permitting). All REFs are
internally checked by Sustainable Environment and Economy (SEE) staff as
well. All REFs and CRAs are signed off by a senior staff person as a
final check. The package for roads projects, including approval of the
REF or CRA, is considered and approved by the Director of Infrastructure
Services before any works proceed.
The above comments are provided from a roads perspective
in relation to RES 12-560. Some of the areas impacted will be,
stormwater works and maintenance, water and sewer works, parks and reserves
works and maintenance. There may be other types of work not addressed
above that are caught by this resolution.
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Question With Notice No. 15.2 Expert
Witnesses for Myocum Property Appeal
File No: I2017/1426
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At Council’s
Ordinary Meeting held on 21 September 2017, John Anderson submitted the
following question:
Why did Council spend $31,000 on expert witnesses in the
Butler Street Bypass appeal, but offer no expert witnesses in Cr
Hunter’s appeal over his Myocum property?
Response Director Corporate and Community
Services:
Council engaged experts in three fields, namely:
1. traffic
and safety;
2. drainage,
flooding and effluent disposal; and
3. zone
objectives.
As the judgement shows agreement was reached between the
expert witnesses on many of the points.
The role of the expert witness is to assist the Court.
Their overriding duty is to the Court and not to his or her client. Expert
witnesses must advise their client (or the party engaging them) that their
views may change depending on the information provided to them. Importantly,
the expert witness is not to be an advocate for a party. The expert
witness’ duty is to work cooperatively with other experts and to
endeavour to reach agreement with other experts.
Notwithstanding that there were agreements between the
experts on a number of matters there remained a number of conditions which
were in dispute between the parties. They are summarised below, with the
Court’s findings below in italics:
Transport Terminal
· 12 month operation
period sought to be imposed by Council in condition 1A
The Court imposed 12 month
restriction on operation of the transport terminal (as sought by Council),
unless Roads Act approval is obtained.
· Requirement for consent
of Council in capacity as roads authority to be obtained within 6 months of
approval of modification application
The Applicant’s
conditions were rejected.
Council’s wording of
conditions 1B and 1C were generally accepted (minor change to timing to be
within 6 months of roads act approval being granted, rather than within 6
months of approval to modification application as sought by Council)
Storage Premises
· Wording of
condition 9b which relates to vegetation clearing
Council’s wording
accepted
· Inclusion of
condition 28 which requires the Applicant to keep a weekly record of the
trucks using the facility
Condition 28 imposed, with
additional wording prepared by Court.
Throughout the history of the matter it was reported
monthly to Councillors through the Legal Services Status Reports.
In addition the matter was reported to Council by way of a
confidential report on 3 August 2017. Council resolved as follows:
Resolved:
1.
That the General Manager be authorised to enter into consent orders
or a s34 Conciliation Agreement approving development application
10.2016.486.1, subject to appropriate conditions to be finalised under
delegation.
2.
That the General Manager be authorised to enter into consent orders or a s34
Conciliation Agreement modifying development application 10.2013.559.1,
subject to appropriate conditions to be finalised under
delegation.
Notwithstanding that delegation, the General Manager did
not “settle” the matter as appropriate conditions could not be
agreed upon.
As such, the matter proceeded to a hearing.
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Question With Notice No. 15.3 Butler
Street Bypass Development Application
File No: I2017/1427
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At Council’s
Ordinary Meeting held on 21 September 2017, John Anderson submitted the
following question:
How much did Council pay GHD Pty Ltd for its work in
preparing Council’s DA for the Butler Street Bypass and did Council
seek substantial discounts for the fact that GHD stuffed up its initial DA
and had to redo it, and for the fact that the DA turned out to be 70%
irrelevant and unnecessary as it applied to the Butler Street Road part of
the bypass in terms that Council did not need to lodge a DA for the
modification of an existing road, as later successfully argued by Council in
the Land and Environment Court?
Response Director Infrastructure Services:
The cost for GHD completing investigations, assessments,
EIS and DA is $354,000 (GST exclusive). The work has proved relevant in
all aspects of the project delivery process including the Joint Regional
Planning Panel assessment and approval and the NSW Land Environment Court
(LEC) proceedings.
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Question With Notice No. 15.4 Community
input into expenditure of section 94 monies
File No: I2017/1428
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At Council’s
Ordinary Meeting held on 21 September 2017, Matthew O’Reilly submitted
the following question:
Can Council please advise on the process by which local
communities can establish a mechanism to provide recommendations to Council
on the expenditure of section 94 monies in their community; similar to the
existing process with Suffolk park community?
Response Developer Contributions Officer:
The Byron Developer Contributions Plan 2012 was adopted by
Council after 3 rounds of community consultation. Staff conducted
surveys, public meetings, presentations to Chambers of Commerce and various
ratepayer organisations to gain feedback on the draft plan. The
community was consulted on the type of works and the priorities for
expenditure. The contributions plan has been amended 3 times and some
of the priorities for expenditure and the type of work proposed have been
amended after further community consultation.
A contributions plan should generally require review and
updating every 5 years to match up with the release of the census data.
A review of the contributions plan is scheduled and will be undertaken upon
completion of the Urban Strategy. Community consultation will be
undertaken as part of this process. Consultation during the preparation
of the associated plans that underpin the preparation of a new contributions
plan also afford the community input into the priorities in the plan.
An example of this is the recreation needs study that will form the basis for
an updated open space works schedule in the next iteration of the
contributions plan.
The reason that Suffolk Park has had separate consultation
outside of the scope regular community consultation for plan preparation is
that there was a significant amount of Open Space funds collected under the
terms of previous contributions plans in the Suffolk Park catchment that was
not allocated to a particular project. The plan reserved these funds
for expenditure on open space works in that catchment by creating a specific
line item in the works program under the heading:
“Open Space Embellishment Works in Suffolk Park
Further works to be determined after community consultation. Expenditure
from old plan.”
As a result of line item staff have engaged with the
Suffolk Park community to determine how best to spend these funds held over
from previous contributions plans.
The regulations and the departmental guidelines do not
allow such flexibility when collecting funds for new projects. New
collections must be in accordance with identified projects and cost of works
specified in the contributions plan. Council cannot simply state that
it will collect funds for open space in a given catchment and then leave it
up to the community to determine what it will be spent on. The items
for expenditure need to be identified in the plan.
The appropriate mechanism is for the community to be
consulted on the proposed works schedules for inclusion in the preparation of
the next iteration of the contributions plan as required by the
regulations.
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The meeting closed at 6.15pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Extraordinary Meeting on 2 November 2017.
….…………………………
Mayor Simon Richardson