Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 14 December 2017

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 


Public Access relating to items on this Agenda can be made between 9.00am and 10.30am on the day of the Meeting.  Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.

 

 

 

Ken Gainger

General Manager

 


CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§  The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§  The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a)   the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b)   the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§  If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§  Just because the person is a member of, or is employed by, the Council.

§  Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§  A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§  The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a)   at any time during which the matter is being considered or discussed by the Council or Committee, or

(b)   at any time during which the Council or Committee is voting on any question in relation to  the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with.  Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§  It may be appropriate that no action be taken where the potential for conflict is minimal.  However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§  Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa).  Care needs to be taken when exercising this option.

§  Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§  Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1)   In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a)   including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b)   not including the making of an order under Division 2A of Part 6 of that Act.

(2)   The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3)   For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4)   Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5)   This section extends to a meeting that is closed to the public.

 


BYRON SHIRE COUNCIL

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

5.    Tabling of Pecuniary Interest Returns (s450A Local Government Act 1993)

6.    Adoption of Minutes from Previous Meetings

6.1       Ordinary Meeting held on 23 November 2017

6.2       Extraordinary Meeting held on 28 November 2017

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

8.1       Appointment of Acting General Manager......................................................................... 6

8.2       Railway Square Landscape Concept and Design............................................................ 7

9.    Notices of Motion

9.1       Car Free Sundays in Byron Bay..................................................................................... 15

10.  Petitions

10.1     No Paid Parking in Bangalow.......................................................................................... 17

10.2     Brunswick Parking Management Strategy..................................................................... 20

11.  Submissions and Grants

11.1     Byron Shire Council Submissions and Grants as at 22 November 2017....................... 22

12.  Delegates' Reports  

13.  Staff Reports

Corporate and Community Services

13.1     Council Investments 1 November to 24 November 2017.............................................. 24

Sustainable Environment and Economy

13.2     Byron Shire Council's Emssions Reporting 2015/16 and 2016/17................................. 31

13.3     Update Resolution 17-386 Byron Energy Action Tank .................................................. 42

13.4     Update on the CZMP for the Eastern Precincts of the Byron Bay Embayment and other coastal projects............................................................................................................................ 47

13.5     PLANNING - S96 10.2016.551.2 S96 for Design Amendments to Dwelling House at 70 Kingsley Street Byron Bay............................................................................................................. 53

13.6     Bangalow Village Plan and Our Mullumbimby Masterplan - summary of process outcomes to date......................................................................................................................................... 65

13.7     PLANNING - 26.2016.6.1 - Planning Proposal - The Farm - Additional Permitted Uses 69

13.8     Emissions Reduction Strategy........................................................................................ 77

13.9     Broken Head Reserve and Seven Mile Beach Road Management Issues .................. 83

13.10   Approval to Operate a Caravan and Camping Ground application under section 68 of the Local Government Act 1993 and Regulations 2005 for Ferry Reserve Holiday Park ............ 90

13.11   Update on affordable housing partnership models......................................................... 95

13.12   Approval to Operate application under section 68 of the Local Government Act 1993 and Regulations 2005 for Massy Greene Holiday Park.......................................................................... 100

13.13   PLANNING - S96 10.2013.577.3 Minor Alterations and Additions to Men's Shed at 26 Station Street Bangalow....................................................................................................................... 105

Infrastructure Services

13.14   Byron Bay Pay Parking Time Limit Review................................................................. 112

13.15   Council's Capacity to Influence a Plastic Free Byron................................................... 116

13.16   Current and Future Capacity of Bangalow STP - Response to Resolution 17-502..... 122

13.17   Byron Properties Redevelopment Expression of Interest............................................. 132

13.18   Byron Bay town centre bypass implementation........................................................... 135

13.19   Traffic Signals in Byron Shire Council Area................................................................. 140   

14.  Reports of Committees

Corporate and Community Services

14.1     Report of the Finance Advisory Committee Meeting held on 16 November 2017...... 151

Infrastructure Services

14.2     Report of the Transport and Infrastructure Advisory Committee Meeting held on 16 November 2017....................................................................................................................................... 154  

15Questions With Notice

Nil   

16.  Confidential Reports

Corporate and Community Services

16.1     Confidential - Tender 2017-0005 Tree Works Recommendation........................ 157

Infrastructure Services

16.2     Confidential - Contract 2017-0038 - Purchase and Removal of Scrap Metal form the Byron Resource Recovery Centre and Byron Shire Council Depot....................................... 159

16.3     Confidential - North Byron Floodplain Risk Management Study and Plan - Tender Approval....................................................................................................................................... 161  

 

 

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director prior to the meeting. Any suggested amendments to the recommendations should be provided to Councillor Support prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.

 


BYRON SHIRE COUNCIL

Mayoral Minute                                                                                                                         8.1

 

 

Mayoral Minute

 

Mayoral Minute No. 8.1       Appointment of Acting General Manager

File No:                                  I2017/1963

 

  

 

I move:

 

1.       That the Director – Corporate and Community Services, Mark Arnold, be appointed as Acting General Manager for the period following the retirement of the incumbent General Manager until a new General Manager commences duty with Council following recruitment.

 

2.       That Mr Arnold be granted the same delegated authority as is now being exercised by the current General Manager per Council resolution 17-422.

 

 

 

 

 

Background Notes:

 

Council’s General Manager, Ken Gainger, has recently announced his retirement from local government and his employment as Council’s General Manager effective from 31st January 2018.

 

In accordance with the provisions of the Local Government Act 1993 Council must employ a General Manager and continuity in this position between when Mr Gainger leaves and a new General; Manager is recruited and commences duty is required. Over recent years when Mr Gainger has been on leave or away from Council on business Council’s Director – Corporate and Community Services, Mark Arnold has acted as General Manager. In my experience Mr Arnold has always performed the role effectively and competently and would be a steady hand on the tiller during the intervening period until a new GM is recruited.

 

The Acting General Manager will require the same level of delegated authority that Mr Gainger currently has and I recommend that such level of delegation be conferred on Mr Arnold should Council support his appointment. Current delegations were recently bestowed upon Mr Gainger per Council resolution 17-422.

 

Signed:   Cr Simon Richardson, Mayor

 


BYRON SHIRE COUNCIL

Mayoral Minute                                                                                                                         8.2

 

 

Mayoral Minute No. 8.2       Railway Square Landscape Concept and Design

File No:                                  I2017/1980

 

  

 

I move that Council endorse the Railway Square Landscape Concept Plan.

 

 

Attachments:

 

1        RAILWAY SQUARE LANDSCAPE CONCEPT PLAN 171206 email, E2017/112080

 

Background Notes:

 

Council adopted the Byron Bay Town Centre Masterplan in June 2016.

 

The staged implementation of the priority actions in the Masterplan has been occurring since this time, including development of concept plans for key catalyst sites.

 

Railway Square is a key catalyst site identified in the Masterplan.

 

The Railway Square area has a connection to both the centre of the Town, the Railway Station, the bus stop on Jonson Street, the Information Centre and Community Centre which has meant that the area is both a prominent gateway space within the town centre for visitors and also a valued public space for the local community.

 

Its prominence being one reason why it has been chosen as the first of many Masterplan projects to be progressed.

 

The design has been discussed and is supported by the Byron Bay Town Centre Master Plan Leadership Team.

 

Consultation has also been undertaken with a number of other community organisations and groups including the Arakwal Corporation.  This feedback has informed the development of the concept plan.

 

The intent for the design as proposed is to reinvigorate the Railway Square and its immediate environs to recapture the space as a community meeting place and gathering space for community interaction, connection and recreation.

 

It is imperative for Council to endorse the Railway Square Landscape Concept Plan.  It is the requirement of the NSW Government Tourism Demand Driver Infrastructure program that monies for the first stage of the works be expended by 30 April 2018.  This timing is critical to commence procurement of works for this Stage to comply with the grant agreement conditions.

 

Included as an attachment to the report is the Railway Square Landscape Concept Plan as a total document.  Below is a number of extracts from the Railway Square Landscape Concept Plan document showing the proposed layout and perspectives of the works when complete.

 

Signed:   Cr Simon Richardson


 


 


 


 


 


 


 

  


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Car Free Sundays in Byron Bay

File No:                                  I2017/1902

 

  

 

I move that:

 

1.       Council commence a trial of 'Car Free Sundays' in Byron Bay in 2018;

 

2.       Staff and the Traffic Advisory Committee work together to plan and progress this trial; and 

 

3.       The Car Free Sundays commence by April 2018.

 

 

 

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

 

Nil

 

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

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

 

There are many issues around this proposal that need to be investigated including but not limited to:

 

·   Who is the ultimate approval authority?

·   The roads into Byron Bay are Regional Roads and approval or concurrence from RMS would be required.

·   Where are vehicles stopped from entering Byron Bay

o From the east

§ Pacific Motorway

§ Somewhere else along Ewingsdale Road

o From the south

§ Broken Head Road at Clifford Street

§ Bangalow Road at Browning Street

§ elsewhere

·   Consultation with all stakeholders (Development of a Communications Plan)

o RMS

o Police

o Emergency service providers, Ambulance, SES, Fire & Rescue, Rural Fire Service, Volunteer Rescue Association

o Transport for NSW

o Department of Transport for bus services

o NSW & QLD Tourism organisations

o Businesses

o Residents

o Property owners

o others

·   Traffic control plans.

·   Alternative transport arrangements in lieu of motor vehicles.

·   Council budget

·   Loss of trade for businesses

·   Loss of paid parking income for Council, resulting in less funds for infrastructure renewal and capital projects inn Byron Bay and elsewhere in the Shire.

·   Approval by Local Traffic Committee of the planned road closures.

·   The positive and negative aspects of such a trail to the reputation of Byron Bay.

 

If Council resolves to proceed with this trial then a discussion at a Strategic Planning Workshop in early 2018 may be appropriate.

 

It is not within the domain of the LTC to work with staff to plan and organise such a trail or a permanent arrangement. LTS are a technical committee that makes recommendations on regulatory traffic control facilities.

 

If the proposal is resolved by Council then an option for investigation and implementation would be a Council staff working group that liaises with all stakeholders.

 

Financial/Resource/Legal Implications:

 

A budget is required for this investigation work as Infrastructure Planning staff are project based and must cost their time to funded projects.

 

A budget will also be required to implement the trial initially and then an ongoing budget will be required to implement if it happens regularly or is made permanent.

 

Is the proposal consistent with any Delivery Program tasks?

 

No  


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.1

 

 

Petitions

 

Petition No. 10.1         No Paid Parking in Bangalow

Directorate:                 Infrastructure Services

Report Author:           Joshua Winter, Civil Engineer

File No:                        I2017/1909

Theme:                         Community Infrastructure

                                      Roads and Maritime Services

 

At Council’s Extraordinary meeting held on 28 November 2017 the Mayor tabled a petition containing 2055 signatures which states:

 

We the undersigned, petition the Mayor and Councillors of Byron Shire Council to:

 

1.   Rescind the motion to implement paid parking in Bangalow.

 

2.   Reduce the current time limits for parking and increase enforcement (as recommended by the TPS Parking Management Strategy)”

 

Comments from Infrastructure Services:

 

At its Ordinary Meeting on 23 February 2017, Council resolved as follows regarding the Bangalow Parking Management Strategy:

 

Council Resolution 17-055:

 

1.    That Council support the Bangalow Town Centre Parking Management Strategy (E2016/80882) prepared by Traffic and Parking Systems Group (TPS) as a basis for community engagement.

 

2.    That Council endorse investigation and community consultation with the Bangalow community regarding the possible implementation of a revised parking layout and pay parking scheme in the town centre in conjunction with traffic and movement issues identified in the master plan process.

 

3.    That a budget of $15,000 is allocated from the Pay Parking Reserve to perform the investigation and community consultation with the Bangalow community regarding the possible implementation of a revised parking layout and pay parking scheme in the town centre.

 

4.    That Council consider the results of the investigation and community consultation, along with the recommendation from the Local Traffic Committee at the 22 June 2017 meeting in determining its adoption of a possible revised parking management strategy/pay parking scheme.

 

Following the investigation and community consultation, as noted in point 2 of Council Resolution 17-055, Council received a subsequent report at its 24 August 2017 Ordinary Meeting on the Bangalow Parking Management Strategy.

 

At this meeting, Council resolved as follows:

 

Council Resolution 17-356:

 

1.    That Council endorse the implementation of the changes to the parking time limits in the Bangalow town centre, as depicted in the proposed parking times in Figure 1, being 1P throughout Byron Street and part of Station Street, with 2P in the remainder of Station Street.

 

2.    That Council endorse the introduction of a Bangalow Town Centre Pay Parking Scheme, which is in line with the existing Byron Bay town centre parking scheme.

3.    That the Bangalow Town Centre Pay Parking Scheme:

 

·     applies a unilateral parking charge of $4 per hour; and

·     incorporates annual exemptions in accordance with Council’s approved fees and charges.

 

4.    That a pay parking area be endorsed as depicted in Figure 2, which covers:

a)    Byron Street, from the roundabout crossing Granuaille Road to Market Street; and

b)    Station Street, excluding the all day car park to the south.

 

5.    That Roads and Maritime Services (RMS) concurrence be sought prior to the implementation of the Bangalow Town Centre Pay Parking Scheme.

 

6.    That Council approve a budget of $75,000 to implement the paid parking scheme and revised parking time limits, from the Pay Parking Reserve.

 

7.    That Council receive a report after twelve (12) months of the Bangalow Pay Parking Scheme being in operation, to review:

 

·     operational costs;

·     revenue;

·     effect on the Bangalow Village and locality; and

·     projects funded by the scheme.

 

8.    That Council dedicate all net revenue received from pay parking in Bangalow to infrastructure projects identified by the Bangalow Village Plan Guidance Group and in Council’s asset management plan and that those projects be incorporated into the annual Council budgetary process.

 

9.    That the paid parking scheme commence 1 January 2018 and prior to this commencement Council work alongside Bangalow Guidance Group to identify:

 

a)    projects to be funded from revenues raised, including pedestrian, cycling and mobility improvements as priorities identified in the consultation.

b)    impacts and implications of paid parking on the overall Masterplan of Bangalow including parking outside the town centre.

c)    design and locations of pay stations that acknowledge the heritage nature of the main street.

 

In accordance with Council Resolution 17-356, works have commenced in Bangalow to implement the introduction of the Bangalow Town Centre Pay Parking Scheme, which is in line with the existing Byron Bay Town Centre Parking Scheme. These works include:

 

·      Consultation at community markets commenced.

·      Walk around town centre and speaking to businesses.

·      Ordering of paid parking meters.

·      System set up for additional meters and additional paid parking area.

·      Site survey.

·      Design drawings in progress for signs and other works to rationalise existing parking.

·      Orders placed for manufacture and delivery of signs.

·      Installation of sign posts has commenced.

·      Variable Message Signs ordered.

·      Line marking works scheduled with contractor.

·      Preliminary locations of meters scoped onsite.

·      Concrete footings for meters scheduled with operational staff.

 

 

 

  

 

RECOMMENDATION:

That the petition regarding no paid parking in Bangalow be noted.

 

 

 

 


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.2

 

 

Petition No. 10.2         Brunswick Parking Management Strategy

Directorate:                 Infrastructure Services

Report Author:           Joshua Winter, Civil Engineer

File No:                        I2017/1910

Theme:                         Community Infrastructure

                                      Roads and Maritime Services

 

At Council’s Extraordinary meeting held on 28 November 2017, the Mayor tabled a petition containing 1,828 signatures which states:

 

 

Comments from Infrastructure Services:

 

All of the issues regarding paid parking in Brunswick Heads were included in the report to Council’s Ordinary Meeting on 23 November 2017 titled “Brunswick Heads parking Strategy”.

 

Council Resolved at this meeting as follows:

 

Council Resolution 17-587:

 

1.    That Council endorse the implementation steps recommended in the Brunswick Heads Parking Management Strategy as modified to:

         

a)    Implement revised time limits in the town centre immediately (as per point 2 below);

b)    Closely monitor parking demands, durations and infringements in the Town Centre Area in particular with the objective to continuously quantify the appropriateness of duration limits and to ‘track’ trends in the level of infringement; and

c)    Assess the compliance with the revised time limits and associated infringements in the management of parking turnover, following the implementation of the revised time limits, in conjunction with any future consideration by Council of the implementation of a pay parking scheme in Brunswick Heads.

 

2.    That Council endorse the implementation of the changes to the parking time limits in Brunswick Heads, using the layout provided by the Brunswick Heads Chamber of Commerce shown at Figure 2, incorporating the amendments identified in Table 2.

 

3.    That Council seek Local Traffic Committee (LTC) endorsement of the parking time limit changes. 

 

4.    That Council negotiate any necessary agreement with Crown Lands to implement parking schemes.

 

5.    That prior to the consideration of any Pay Parking Scheme for Brunswick Heads, staff undertake further investigations and consultation and report  to Council in mid 2018 on revised parking arrangements and the cost of infrastructure upgrade requirements in the following areas;

         

a)    Booyun Street, east of Park Street, in order to implement a Kiss and Ride School drop off zone in this area;

b)    Park Street, between Fingal Street and Slessor Lane, to formalise parking whilst maintaining the existing bus zone;

c)    Parking arrangements on South Beach Road, including dedicated parking for up to four (4) Horse floats at the end of South Beach Road; and

d)    Parking arrangements in South Beach Lane

 

6.    That Council approve:

 

a)    an allocation of $115,000 to be funded from Section 94 Car Parking Brunswick Heads to undertake the investigation works in items 5a) to 5d), inclusive; and

 

b)    the allocation of $25,000 for the implementation or revised time limits (including line marking) be funded from the existing signage program.     

 

At an Extraordinary Meeting of Council on 28 November, Council debated an urgency motion in relation to the Brunswick Heads Parking Management Strategy.  Council Resolved at this meeting as follow:

 

Council Resolution 17-636:

 

That in relation to the implementation of the Brunswick Heads Parking Management Strategy, that Council endorse the following time limits subject to Local Traffic Committee approval:

 

1.  General time limits to apply Mon to Sun 9.00am - 5.00pm  

2.  Time Limits at South Beach Road and South Beach Lane be retained as all-day parking.

 

A report on the proposed time limit changes has been prepared for the extra ordinary Local Traffic Committee meeting for 13 December 2017.

 

 

  

 

RECOMMENDATION:

That the petition objecting to Paid Parking in Brunswick Heads be noted.

 

 

  


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Byron Shire Council Submissions and Grants as at 22 November 2017

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2017/1787

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Council have submitted applications for a number of grant programs which, if successful, would provide significant funding to enable the delivery of identified projects.  This report provides an update on these grant submissions.

 

  

 

RECOMMENDATION:

That Council note the report.

 

Attachments:

 

1        November 2017 Grants Report, E2017/106964

 

 


 

Report

 

This report provides an update on grant submissions including funding applications submitted and new potential funding opportunities.

 

Funding Applications – Successful

 

·   3D Mapping Tool, Smart Cities and Suburbs, (Australian Government) - $143,125

·   Shark Smart Alert and Advice System, Shark Management Strategy Program (NSW Government) - $52,218

 

Additionally, NSW Department of Education Strong Start Fund awarded $350,000 to Byron Bay Preschool Centre for the creation of 20 new preschool places through an upgrade of the Council buildings at Suffolk Park.

 

New funding opportunities identified for consideration by staff

 

·   Implementation of projects from the Byron Bay Town Centre Masterplan, Building Better Regions Fund Round 2, (Australian Government)

 

Funding applications submitted in November

 

·   Consolidation of Myocum landfill, Landfill Consolidation and Environmental Improvements (NSW Environmental Protection Authority)

 

Additional information on the grant submissions made and/or pending is provided in Attachment 1 – Grants report as at 22 November 2017

 

Financial Implications

 

If Council is successful in obtaining the identified grants more than $14 million would be achieved which would provide significant funding for Council projects.  Some of the grants require a contribution from Council (either cash or in-kind) and others do not. Council’s contribution is funded. The potential funding and allocation is noted below:

 

Requested funds from funding bodies

14,794,817

Council cash contribution

9,149,932

Council in-kind Contribution

145,530

Other contributions

10,575,562

Funding applications submitted and awaiting notification (total project value)

34,664,841

 

Statutory and Policy Compliance Implications

 

Council is required under Section 409 3(c) of the Local Government Act 1993 to ensure that ‘money that has been received from the Government or from a public authority by way of a specific purpose advance or grant, may not, except with the consent of the Government or public authority, be used otherwise than for that specific purpose’. This legislative requirement governs Council’s administration of grants.     


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Council Investments 1 November to 24 November 2017

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2017/1848

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the period 1 – 24 November 2017 for Council’s information. 

 

This report is prepared to comply with Regulation 212 of the Local Government (General) Regulation 2005.

 

  

 

RECOMMENDATION:

That the report listing Council’s investments and overall cash position as at 24 November 2017 be noted.

 

 

 

 


 

Report

 

In relation to the investment portfolio for the period 1 – 24 November 2017, Council has continued to maintain a diversified portfolio of investments.  At 24 November 2017, the average 90 day bank bill rate (BBSW) for the month of November was unknown.  Based on prior months and there being no events that may have drastically changed the rates, it is estimated the BBSW for the period 1 – 24 November will remain approximately 1.60%.  Council’s performance to 24 November 2017 is 2.50%.  Council’s performance is again higher than the benchmark.  This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits and purchasing floating rate notes with attractive interest rates.

 

The table below identifies the investments held by Council as at 24 November 2017:

 

Schedule of Investments held as at 24 November 2017

 

Purch Date

Principal ($)

Description

CP*

Rating

Maturity Date

No Fossil Fuel  ADI

Type

Interest Rate Per Annum

Current Value

24/03/17

1,000,000

NAB Social Bond (Gender Equality)

N

AA-

24/03/22

N

B

3.44%

1,011,100.17

28/10/16

650,000

Teachers Mutual Bank

P

BBB+

28/10/19

Y

FRN

3.17%

653,642.89

31/03/17

1,000,000

CBA Climate Bond

N

AA-

31/03/22

N

FRN

3.25%

1,000,000.00

16/11/17

750,000

Bank of Queensland

N

BBB+

16/11/21

Y

FRN

2.63%

750,000.00

23/11/17

2,000,000

NAB

P

AA-

23/02/18

N

TD

2.49%

2,000,000.00

06/11/17

2,000,000

NAB

N

AA-

05/02/18

N

TD

2.49%

2,000,000.00

09/10/17

1,000,000

NAB

N

AA-

09/01/18

N

TD

2.51%

1,000,000.00

30/08/17

2,000,000

NAB

N

AA-

30/11/17

N

TD

2.23%

2,000,000.00

08/08/17

2,000,000

Bank of Queensland

P

BBB+

05/02/18

Y

TD

2.60%

2,000,000.00

02/11/17

2,000,000

Police Credit Union

P

NR

02/05/18

U

TD

2.73%

2,000,000.00

08/11/17

2,000,000

ME Bank

P

BBB

02/02/18

Y

TD

2.42%

2,000,000.00

04/07/17

1,000,000

Bananacoast Credit Union

P

NR

04/01/18

Y

TD

2.70%

1,000,000.00

18/09/17

2,000,000

AMP Bank

P

A

18/12/17

N

TD

2.40%

2,000,000.00

08/09/17

2,000,000

NAB

N

AA-

08/12/17

N

TD

2.52%

2,000,000.00

30/08/17

2,000,000

ME Bank

N

BBB

30/11/17

Y

TD

2.45%

2,000,000.00

27/09/17

1,000,000

Bank of Queensland

N

BBB+

27/03/18

Y

TD

2.50%

1,000,000.00

04/10/17

2,000,000

Beyond Bank

P

BBB

21/12/17

Y

TD

2.40%

2,000,000.00

13/10/17

1,000,000

Auswide Bank Ltd

P

BBB-

15/01/18

Y

TD

2.50%

1,000,000.00

05/10/17

1,000,000

Police Credit Union

N

NR

05/04/18

U

TD

2.56%

1,000,000.00

15/08/17

1,000,000

Bank of Queensland

N

BBB+

12/01/18

Y

TD

2.55%

1,000,000.00

06/09/17

1,000,000

Bananacoast Credit Union

N

NR

07/03/18

Y

TD

2.60%

1,000,000.00

23/11/17

1,000,000

The Capricornian Credit Union

P

NR

23/05/18

Y

TD

2.55%

1,000,000.00

30/10/17

2,000,000

Beyond Bank

N

BBB

07/02/18

Y

TD

2.42%

2,000,000.00

04/10/17

2,000,000

Police Credit Union

N

NR

04/04/18

U

TD

2.70%

2,000,000.00

08/11/17

1,500,000

Auswide Bank Ltd

N

BBB-

02/02/18

Y

TD

2.35%

1,500,000.00

02/06/17

1,500,000

ME Bank

N

BBB

04/12/17

Y

TD

2.67%

1,500,000.00

05/06/17

1,000,000

Intech Bank Ltd

P

NR

05/12/17

Y

TD

2.80%

1,000,000.00

08/06/17

2,000,000

ME Bank

N

BBB

08/12/17

Y

TD

2.65%

2,000,000.00

17/10/17

1,000,000

Police Credit Union

N

NR

17/04/18

U

TD

2.55%

1,000,000.00

17/11/17

1,000,000

Police Credit Union

N

NR

17/05/18

U

TD

2.75%

1,000,000.00

30/10/17

2,000,000

ME Bank

N

BBB

30/01/18

Y

TD

2.42%

2,000,000.00

03/11/17

1,000,000

Maitland Mutual Building society

P

NR

02/05/18

Y

TD

2.55%

1,000,000.00

17/11/17

1,000,000

ME Bank

N

BBB

16/02/18

Y

TD

2.50%

1,000,000.00

17/08/17

1,000,000

Bank of Queensland

N

BBB+

19/02/18

Y

TD

2.55%

1,000,000.00

23/11/17

1,000,000

ME Bank

N

BBB

23/02/18

Y

TD

2.40%

1,000,000.00

24/11/17

1,000,000

ME Bank

N

BBB

24/05/18

Y

TD

2.55%

1,000,000.00

30/08/17

1,000,000

ME Bank

N

BBB

28/11/17

Y

TD

2.45%

1,000,000.00

31/08/17

2,000,000

NAB

N

AA-

12/12/17

N

TD

2.50%

2,000,000.00

31/08/17

2,000,000

NAB

N

AA-

18/12/17

N

TD

2.50%

2,000,000.00

01/09/17

1,000,000

NAB

N

AA-

02/01/18

N

TD

2.52%

1,000,000.00

05/09/17

1,000,000

Bananacoast Credit Union

N

NR

06/03/18

Y

TD

2.60%

1,000,000.00

15/09/17

1,000,000

Auswide Bank Ltd

N

BBB-

15/12/17

Y

TD

2.40%

1,000,000.00

15/09/17

1,000,000

Peoples Choice Credit Union

P

NR

15/03/18

Y

TD

2.55%

1,000,000.00

28/09/17

2,000,000

Rural Bank

P

BBB+

29/01/18

Y

TD

2.50%

2,000,000.00

28/09/17

1,000,000

NAB

N

AA-

29/12/17

N

TD

2.51%

1,000,000.00

04/10/17

1,000,000

NAB

N

AA-

05/03/18

N

TD

2.55%

1,000,000.00

04/10/17

1,000,000

NAB

N

AA-

04/01/18

N

TD

2.50%

1,000,000.00

04/10/17

1,000,000

NAB

N

AA-

05/02/18

N

TD

2.52%

1,000,000.00

11/10/17

1,000,000

Auswide Bank Ltd

N

BBB-

11/01/18

Y

TD

2.50%

1,000,000.00

20/10/17

1,000,000

NAB

N

AA-

20/01/18

N

TD

2.48%

1,000,000.00

23/10/17

1,000,000

Bank of Queensland

N

BBB+

23/04/18

Y

TD

2.55%

1,000,000.00

26/10/17

1,000,000

ME Bank

N

BBB

24/01/18

Y

TD

2.42%

1,000,000.00

10/11/17

2,000,000

ME Bank

N

BBB

13/3/18

Y

TD

2.42%

2,000,000.00

15/11/17

1,000,000

The Capricornian Credit Union

P

NR

16/04/18

Y

TD

2.55%

1,000,000.00

15/11/17

1,000,000

The Capricornian Credit Union

N

NR

15/03/18

Y

TD

2.50%

1,000,000.00

17/11/17

1,000,000

Hunter United Employees Credit Union

P

NR

16/02/18

U

TD

2.50%

1,000,000.00

17/11/17

1,000,000

Bank of Queensland

N

BBB+

19/03/18

Y

TD

2.45%

1,000,000.00

N/A

1,567,714

CBA Business Online Saver

N

A

N/A

N

CALL

1.40%

1,567,714.21

Total

76,967,714

 

 

 

 

 

AVG

2.50%

76,982,457.27

 

 

 

Note 1.

CP = Capital protection on maturity

 

N = No Capital Protection

 

Y = Fully covered by Government Guarantee

 

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

 

 

Note 2.

No Fossil Fuel ADI

 

Y = No investment in Fossil Fuels

 

N = Investment in Fossil Fuels

 

U = Unknown Status

 

 

 

Note 3.

Type

Description

 

 

B

Bonds

Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter.

 

FRN

Floating Rate Note

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

 

TD

Term Deposit

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

 

CALL

Call Account

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

 

Environmental and Socially Responsible Investing

 

An additional column has been added to the schedule of Investments above, to identify if the financial institution holding the Council investment, has been assessed as a ‘No Fossil Fuel’ investing institution.  This information has been sourced through www.marketforces.org.au and identifies financial institutions that either invest in fossil fuel related industries or do not.  The graph below highlights the percentage of each classification across Councils total investment portfolio in respect of fossil fuels only.

 

The notion of Environmental and Socially Responsible Investing is much broader than whether a financial institution as rated by ‘marketforces.org.au’ invests in fossil fuels or not.  Council’s current Investment Policy defines Environmental and Socially Responsible Investing at Section 4.1 of the Policy.  Council’s Investment Policy can be found at the following link:

http://www.byron.nsw.gov.au/files/publications/council_investments_policy_2017.pdf

 

In this regard Council has an additional two investments that are with financial institutions that invest in fossil fuels but the purposes of the investments are in accord with the broader definition of Environmentall and Socially Responsible investments as indicated below:

 

1.  $1,000,000 investment with the National Australia Bank maturing on 24 March 2022 known as a Social Bond that promotes Gender Equity.

2.  $1,000,000 investment with Commonwealth Bank maturing on 31 March 2022 known as a Climate Bond.

 

For the period 1 – 24 November 2017, as indicated in the table below, there is a dissection of the investment portfolio by investment type:

 

Dissection of Council Investment Portfolio as at 24 November 2017

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

72,000,000.00

Term Deposits

72,000,000.00

0.00

2,400,000.00

Floating Rate Note

2,403,642.89

3,642.89

1,567,714.21

Business On-Line Saver (At Call)

1,567,714.21

0.00

1,000,000.00

Bonds

1,011,100.17

11,100.17

76,967,714.21

 

76,982,457.27

14,743.06

 

The current value of an investment compared to the principal value (face value or original purchase price) provides an indication of the performance of the investment without reference to the coupon (interest) rate. The current value represents the value received if an investment was sold or traded in the current market, in addition to the interest received.

 

The table below provides a reconciliation of investment purchases and maturities for the period 1 – 24 November 2017 on a current market value basis. 

 

Movement in Investment Portfolio – 1 to 24 November 2017

 

Item

Current Market  Value (at end of month) $

Opening Balance at 31 October 2017

76,732,457.27

Add: New Investments Purchased

22,250,000.00

Add: Call Account Additions

0.00

Add: Interest from Call Account

0.00

Less: Investments Matured

22,000,000.00

Less: Call Account Redemption

0.00

Less: Fair Value Movement for period

0.00

 

Closing Balance at 24 November 2017

76,982,457.27

 

Investments Maturities and Returns – 1 to 24 November 2017

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

2,000,000.00

Police Credit Union

TD

02/11/17

92

2.55%

12,854.79

1,000,000.00

Maitland Mutual Building Society

TD

03/11/17

92

2.50%

6,301.37

1,500,000.00

Hunter United Employees Credit Union

TD

06/11/17

124

2.85%

14,523.29

2,000,000.00

NAB

TD

06/11/17

90

2.45%

12,082.20

2,000,000.00

ME Bank

TD

08/11/17

92

2.45%

12,350.68

1,500,000.00

Auswide Bank Ltd

TD

08/11/17

189

2.68%

20,815.89

1,000,000.00

Auswide Bank Ltd

TD

15/11/17

189

2.70%

13,980.82

1,000,000.00

ME Bank

TD

15/11/17

92

2.45%

6,175.34

2,000,000.00

ME Bank

TD

15/11/17

92

2.45%

12,350.68

1,000,000.00

AMP Bank

TD

17/11/17

92

2.45%

6,175.34

1,000,000.00

ME Bank

TD

17/11/17

92

2.45%

6,175.34

1,000,000.00

Police Credit Union

TD

17/11/17

123

2.65%

8,930.14

1,000,000.00

The Capricornian Ltd

TD

23/11/17

92

2.50%

6,301.37

2,000,000.00

NAB

TD

23/11/17

92

2.47%

12,451.51

1,000,000.00

ME Bank

TD

23/11/17

92

2.45%

6,175.34

1,000,000.00

ME Bank

TD

24/11/17

92

2.45%

6,175.34

22,000,000.00

 

 

 

 

 

163,819.44

         

The overall ‘cash position’ of Council is not only measured by what funds Council has invested but also by what funds Council has retained in its consolidated fund or bank account as well for operational purposes. In this regard, for the period 1 – 24 November 2017 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 24 November 2017

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

72,000,000.00

72,000,000.00

0.00

Floating Rate Note

2,400,000.00

2,403,642.89

3,642.89

Business On-Line Saver (At Call)

1,567,714.21

1,567,714.21

0.00

Bonds

1,000,000.00

1,011,100.17

11,100.17

Total Investment Portfolio

76,967,714.21

76,982,457.27

14,743.06

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

2,980,448.64

2,980,448.64

          0.00

Total Cash at Bank

2,980,448.64

2,980,448.64

          0.00

 

 

 

 

Total Cash Position

79,948,162.85

79,962,905.91

14,743.06

 

Financial Implications

 

Council uses a diversified mix of investments to achieve short, medium and long-term results.

 

Statutory and Policy Compliance Implications

 

In accordance with Regulation 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies Council has invested under section 625 of the Local Government Act 1993.

 

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported.  In this regard, the current Council Meeting cycle does not always allow this to occur, especially when investment valuations required for the preparation of the report, are often received after the deadline for the submission of reports for the meeting.  Endeavours will be made to ensure the required report will be provided to Council and this will for some months require reporting for one or more months.

 

Council’s investments are carried out in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Ministers Order – Forms of Investment, last published in the Government Gazette on 11 February 2011.

 

Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

 

Council at its Ordinary Meeting held 8 October 2015 resolved through resolution 15-515 to insert a new objective into its adopted Investment Policy, which gives a third tier consideration by Council to Environmental and Socially Responsible Investments, when making investment decisions.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.2

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.2           Byron Shire Council's Emssions Reporting 2015/16 and 2016/17

Directorate:                 Sustainable Environment and Economy

Report Author:           Kim Mallee, Sustainability Officer

File No:                        I2017/1544

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

In March 2017 Byron Shire Council adopted a zero net emissions target for its operations which increased its ambition from the previous reduction target of 30%. Council has been actively implementing emission reduction strategies and reporting on emissions since 2004.  This report details a new emissions baseline for the 2015/16 financial year and reports on the emissions profile of Council for the 2016/17 financial year.

 

Using the National Greenhouse and Energy Reporting (NGER) methodology emissions were calculated across Council’s six sectors for scope 1 (eg. direct emissions such as burning diesel or  unleaded fuels) and scope 2 emissions (eg. indirect emissions that come from using electricity produced by the burning of coal at another facility). From 2015/16 to 2016/17 Council experienced a net increase of emissions moving from 25,500 tonnes to 26,300 tonnes of equivalent carbon dioxide (t CO2e).

 

The development of an Emissions Reduction Strategy, which will replace the existing Low Carbon Strategy has commenced and is the subject of another report titled ‘Emissions Reduction Strategy’ to this Council meeting.

 

  

 

RECOMMENDATION:

1.       That Council note this report.

 

2.       That the calculation of sewage treatment plant fugitive emissions be outsourced using Water and Sewer funds to create an excel model using the NGER methodology that can be used for future reporting years.

 

 

 

 


 

Background

 

Byron Shire Council adopted the Low Carbon Strategy in 2014 which had the target of reducing Council emissions by 30% from the 2003-2004 levels by 2020. The Low Carbon Strategy identified ways for Council to pursue opportunities for a low carbon, less oil-reliant future. It contained 87 project actions that covered the following areas of carbon, energy efficiency, transport, staff and community engagement, waste, peak oil and water. 100% of the 35 Year 1 priority actions in the Low Carbon Strategy were completed or in progress. The remaining actions will be considered in the preparation of a new Emissions Reduction Strategy.

 

This report quantifies Council’s emissions profile in order to create a new base line for the 2015/16 financial year to suit the Zero Emissions Target as well as report on the 2016/17 financial year emissions. 

 

Zero Net Emissions Target

 

In March 2017 Council resolved (Res. 17-086 relevant parts):

 

3.       That Council commits to achieving a 100% Net Zero Emissions Target by 2025 in collaboration with Zero Emissions Byron (ZEB).

5.       That Council commit itself to source 100% of its energy through renewable energy within 10 years.

6.       That Council supports the goals of Zero Emission Byron for a Net Zero Emissions Shire in the areas of building, energy, land use, transport and waste.

 

Adoption of baseline and National Greenhouse and Energy Reporting (NGER) methodology

 

To align with the Zero Emission Byron (ZEB) ambition, a base line of 2015/16 and a target year of 2025/26 were assigned for Council’s emissions profile.  To align with a national methodology for monitoring and reporting emissions that provides all relevant calculations and processes for a local government, the “National Greenhouse and Energy Reporting” (NGER) methodology was implemented. Zero Emissions Byron has advised that the NGER methodology will be compatible with their emissions profiling of the Byron Shire community.

 

Scope of Monitoring and Reporting

 

In line with the NGER methodology Council will be monitoring and reporting on Scope 1 and 2 emissions:

 

·   Scope 1 greenhouse gas emissions are the emissions released to the atmosphere as a direct result of an activity at a facility level. Scope 1 emissions are sometimes referred to as direct emissions.  Examples are:

 

a)    emissions from the burning of diesel or unleaded fuel in vehicles

b)    fugitive emissions, such as methane emissions from landfills or sewage treatment plants

 

·   Scope 2 greenhouse gas emissions are the emissions released to the atmosphere from the indirect consumption of an energy commodity. For example, 'indirect emissions' come from the use of electricity produced by the burning of coal in another facility.

 

Apart from scope 1 and 2 emissions, there also exist scope 3 emissions in the running of any business.  Scope 3 emissions come from indirect sources other than electricity.  Some examples include contracted services and flying on a commercial airline by a person from another business. Scope 3 emissions will not be reported as part of Council’s emissions profile due to the significant staff resourcing cost involved in trying to procure the data, and in some instances the lack of data available to report.

 

When Council made its first commitment to reducing greenhouse gas emissions in 2004 the NGER Act 2007 did not exist. Hence emission sectors such as landfill and sewage treatment plant fugitive emissions were not included. Fugitive emissions are emissions of gases or vapours from pressurised equipment due to unintended or irregular releases of gases. Now with greater understanding of how emissions are created, Council has been able to calculate and include fugitive emissions in its profile to more holistically describe its emissions impact. The scope of Council’s emission sectors will be categorised as follows:

 

a)  General Electricity

b)  Streetlights

c)  Fleet

d)  LPG Bottled Gas

e)  Landfill Fugitive Emissions

f)  Sewage Treatment Plant Fugitive Emissions.

 

Emissions Sectors of Byron Shire Council

 

Figures 1 and 2 below show percentage make up of each sector and the total emissions in tonnes for the two reporting years respectively. Together they show the significant contribution to Council’s emissions profile from fugitive emissions escaping from the landfill and sewage treatment plants.

 

 

Figure 1Total Emissions by Sector 2016/17

 

 

Figure 2Byron Shire Council Emissions by Sector

 

From the 2015/16 baseline to 2016/17 Byron Shire Council has experienced a net increase in emissions moving from approximately 25,500 tonnes to 26,300 tonnes of equivalent carbon dioxide (t CO2e).

 

Figure 3 below displays the increase in context to the zero net emissions target. In all instances throughout this report the projections towards the zero net target has been displayed as linear. This is not to say that Council’s journey towards the target will in fact be linear. At this stage it is impossible to accurately project the reduction path without the Emissions Reduction Strategy being written and key major projects defined and time lined. This report does not seek to outline in depth how the target will be reached but will provide the inventory of emissions for the baseline and current emissions profile so that such planning can occur meaningfully.

 

 

Figure 3Byron Shire Council total emissions and zero net target

a)  General Electricity

 

The general electricity sector increased by approximately 137,000 kWh from 2015/16 to 2016/17.  This 115 tonne increase has resulted in being 590 tonnes above the projected target of 4,275 tonnes for 2016/17.  See Figure 4 and Table 1.

 

 

Figure 4 - Byron Shire Council Electricity Emissions

 

Table 1: Electricity Emissions

 

2015-2016

2016-2017

Consumption (kWh)

5,654,481

5,791,542

Cost ($)

$1,155,601

$1,205,135

Base Line Emissions (t CO2e)

4,750

4,750

Target Emissions (t CO2e)

4,750

4,275

Actual Emissions (t CO2e)

4,750

4,865

Trending (t CO2e)

 

+590

 

Table 2 below shows the cost of electricity used across each Council asset type to put into perspective the cost of the emissions.

 

Table 2: Cost of Electricity by Asset Type

Asset Type

2016/17 Cost ($)

% of Total

Wastewater Collection & Treatment

$723,211

60

Administration Building

$108,485

9

Caravan Parks

$76,410

6

Pools

$48,536

4

Sports Fields

$48,444

4

Water Supply

$43,656

4

Libraries

$41,182

3

Community Buildings/Halls

$37,439

3

Other

$77,772

6

 

**NB Costs and consumption are not directly related due to the impact of demand charges and fees. (eg The water pumping infrastructure makes up 4% of Council’s costs but not 4% of its electricity use).

 

Figure 5 below shows the proportion of electricity used from each asset type with the waste water collection and treatment sector using 65% of the total. The significance of the waste waster sector dominates the energy story for Council and increases in this area can engulf savings in other areas rapidly. For example the West Byron Sewage Treatment Plant had a 128,947kWh increase between 2015/16 and 2016/17 from a combination of increased pumping of re-used water to Byron Bay, extra flows and the addition of treating landfill leachate. This increase hides the significant 7,445 kWh savings from the LED lighting retrofit program at the depot.

 

 

Figure 52016/2017 Electricity Use by Asset Type

 

Energy efficiency measures continued to be implemented across Council but it is apparent that savings created in the waste water collection and treatment sector are of high priority.  There will always be a need for large energy consumption in this sector and a move to renewable energy sources will be a necessity to meet the zero net emissions target.

 

A detailed analysis of Council’s available feedstocks for Bio Energy was undertaken in early 2017 which showed there are enough resources to warrant a facility in the Shire.  A pre-feasibility study has been commissioned into the type of technology appropriate for Council’s feedstocks and the projected cost benefit of such a project. The results of the pre-feasibility study are due in early 2018 and will be a critical part of the waste water collection and treatment sectors transition towards zero net emissions.

 

b) Streetlights

The streetlight sector is a significant user of electricity and is highly regulated via a service agreement with Essential Energy.  The 8,200 kWh increase is attributed to a number of streetlights being installed in new subdivisions in Mullumbimby and Bangalow.  As urban areas expand it will be important to ensure the most energy efficient option is chosen wherever possible.

 

Planned reduction measures in this sector include the commitment to a recent offer by Essential Energy to conduct a bulk replacement of streetlights to LED technology for Category P (low traffic residential) areas.  Works are scheduled for November 2018 and will create a substantial energy saving but will not show a decrease in energy use until 2019.

 

Figure 6 and Table 3 show the emissions profile of the streetlight sector.  Council is trending at 63 tonnes above the target emission of 572 tonnes CO2e for the 2016/17 financial year. The slight 1 tonne reduction in actual emissions, despite the increased consumption of kWh, is due to the lowering of the national emissions factor for grid purchased electricity due to more renewable energy being on the national network generally.

 

 

Figure 62016/2017 Byron Shire Council Streetlight Emissions

 

Table 3: Streetlight Emissions

 

2015-2016

2016-2017

Consumption (kWh)

756,699

764,912

Cost ($)

$314,425

$336,809

Base Line Emissions (t CO2e)

636

636

Target Emissions (t CO2e)

636

572

Actual Emissions (t CO2e)

636

635

Trending (t CO2e)

 

+63

 

c)  Fleet

Emissions from Council’s fleet sector includes all diesel and unleaded petrol consumed from both the bulk fuel stores at the depot, quarry and landfill and the fuel used in the passenger vehicles issued via star cards at commercial fuel stations.

 

The emissions attributed to Council’s fleet reduced from 1,279 tonnes to 1,128 tonnes.  This 151 tonne decrease places this sector 23 tonnes ahead of the target projection for the 2016/17 financial year, refer to Figure 7 and Table 4. 

 

When preparing this year’s emissions inventory for the fleet sector, a major flaw in the Authority data capture function was identified for bulk fuel use, which removed the ability to attribute fuel issued to individual plant numbers.  As such, the emissions for the bulk fuel had to be calculated from “delivery purchases” as opposed to “fuel stock issues”.  Unfortunately this has meant that it is impossible to drill down further to ascertain the reason for the reduction in fuel usage.  Avenues are being investigated to rectify this situation and move to a more digital way of issuing fuel at the depot.  This will enable more detailed analysis and tracking of Council’s bulk fuel use in the next reporting year.

 

 

Figure 7 – 2016/2017 Byron Shire Council Fleet Emissions

 

 

Table 4: Fleet Emissions

 

2015-2016

2016-2017

Consumption (kL)

482

427

Cost ($)

$482,922

$438,480

Base Line Emissions (t CO2e)

1,279

1,279

Target Emissions (t CO2e)

1,279

1,151

Actual Emissions (t CO2e)

1,279

1,128

Trending (t CO2e)

 

-23

 

d) LPG Bottled Gas

Byron Shire Council uses LPG bottled gas in both its holiday parks and at Sandhill’s Child Care Centre.  The emissions impact of bottled gas was 41 tonnes in the 2015/16 financial year reducing to 39 tonnes in 2016/17 shown in Figure 8 below. Despite the reduction it was not quite enough to meet the projected target of 37 tonnes for the 2016/17 financial year.  The primary user of bottled gas is the First Sun Holiday Park which accounts for 75% of the total.  Bottled gas is used for boosting the solar hot water system at the amenities block (installed 2014) and as instantaneous gas hot water heating in all the cabins.  Water saving shower heads have already been installed and there is minimal other efficiencies to be gained.

 

For the minimal cost to Council for the gas and the minimal emissions impact of this sector, it is recommend that this sector be offset by the other renewable energy projects Council is pursuing.

 

 

Figure 82016/2017 Byron Shire Council Bottled Gas Emissions

 

Table 5: Bottled Gas Emissions

 

2015-2016

2016-2017

Consumption (L)

26,541

24,905

Cost ($)

$17,913

$14,931

Base Line Emissions (t CO2e)

41

41

Target Emissions (t CO2e)

41

37

Actual Emissions (t CO2e)

41

39

Trending (t CO2e)

 

+2

 

e)  Landfill Fugitive Emissions and Flare

Emissions from Council’s landfill are now being included in Council’s emissions inventory.  The fugitive emissions from the landfill are only the emissions released by the landfill itself. Emissions from running the landfill such as fuel in the heavy plant, or electricity to run pumps and lighting have been attributed to other sectors of the emissions inventory.  The landfill fugitive emissions are significant at over 10,000 tonnes per annum which is greater than the electricity, streetlight, fleet and bottled gas sectors combined.

 

Council’s landfill is not currently operational and has an interim cap applied to the most recently operated Southern Expansion cell (the remainder of the older landfill has had a final cap applied).  Municipal residual waste is currently disposed of outside the Shire by a third party and therefore was not considered inside the definition of “operational control” of Council. The emissions from this waste are not monitored or reported on by Council. The NGER methodology was used to calculate the landfill’s fugitive emissions out to the target year of 2025/26 because the landfill is closed.  This is shown by the orange line in Figure 9.

 

Council operates a landfill gas capture and flare system at the Myocum landfill to minimise odour and reduce emissions. In 2015 Council entered into a Carbon Abatement Contract with the Australian Federal Government through the Carbon Farming Initiative to supply accredited carbon offsets form landfill gas flaring operations.  This was part of the Australian Government’s “direct action” plan to meet the national emission reduction targets of the Paris Climate Agreement. Council entered into a reverse auction contract to supply carbon offsets until 2022.  Council can count the emission reduction made by the flare for the Myocum landfill for its own emissions target so long as it is clearly understood that this reduction is also being attributed to meeting the national target. That is to say, the flare related emission reduction is not additional to the national emissions reduction target, it is part of it. 

 

The primary way of reducing the fugitive emissions is by way of methane capture and flaring. With the flare already installed and no plans to expand the capture system the amount of emissions able to be flared will reduce inline with the reducing fugitive emissions naturally occurring as the landfill ages. Large scale projects either through carbon sequesting tree planting or renewable energy projects will be necessary to offset the emissions from the landfill to achieve a zero net emissions target by 2025/26.

 

 

Figure 92016/2017 Byron Shire Council Landfill Emissions

 

Table 6: Landfill Fugitive Emissions

 

2015-2016

2016-2017

Total fugitive emissions from landfill (t CO2e)

15,931

14,283

Emissions abated from flaring (t CO2e)

5,241

3,539

Base Line Emissions (t CO2e)

10,690

10,690

Target Emissions (t CO2e)

10,690

9,621

Net Emissions (t CO2e)

10,690

10,744

Trending (t CO2e)

 

+1,123

 

f)  Sewage Treatment Plants – Fugitive emissions

Byron Shire Council owns and operates four sewage treatment plants. The treating of waste water is energy intensive as outlined previously in the electricity section of this report. In addition to the energy needed to run the facility, other emissions known as ‘fugitive emissions’ also occur.  These fugitive emissions occur as a result of the organic matter in the waste water decomposing in the ponds as it is being treated.

 

The fugitive emissions of a facility are highly dependent on the volume of flow treated and the treatment methods used.  Table 7 below shows that the fugitive emissions from the sewage treatment plants are almost as significant as the landfill fugitive emissions at over 8,000 tonnes per annum. As outlined earlier, the pre-feasibility study into bio energy potential at Council’s sewage treatment plants will be critical in reducing and offsetting emissions from this sector by 2025/26. Additionally the next planned upgrade of the West Byron Sewage Treatment Plant is in 2025 where it will be upgraded to a covered anaerobic treatment system to capture biogas directly from the plant itself. By capturing the emissions directly from the ponds significant savings can be made.

 

Table 7: Sewage Treatment Fugitive Emissions

 

2015-2016

2016-2017

Total Annual Flow Processed (kL)

3,254,852

3,541,529

Greenhouse Gas Emissions (t CO2e)

8,190

8,955

Base Line Emissions (t CO2e)

8,190

8,190

Target Emissions (t CO2e)

8,190

7,371

Trending (t CO2e)

 

+819

 

Due to resourcing issues, Council’s Utilities Team were unable to complete the emissions calculations using the NGER methodology.  An alternative methodology using IPCC Emissions Factors was used to prepare an indicative estimate of emissions from this sector.  Moving forward it will be necessary to outsource the calculation of Council’s Sewage Treatment Plant fugitive emissions to align with the NGER methodology and accurately set a meaningful baseline for this sector.   

 

Financial Implications

 

Emissions reduction can both cost Council and save Council depending on the project and as such will need to be assessed on a case by case basis as part of the development of Council’s Emissions Reduction Strategy.

 

Statutory and Policy Compliance Implications

 

Council has no statutory obligations to report its emissions inventory.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.3

 

 

Report No. 13.3           Update Resolution 17-386 Byron Energy Action Tank

Directorate:                 Sustainable Environment and Economy

Report Author:           Shannon Burt, Director Sustainable Environment and Economy

File No:                        I2017/1838

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Council considered Report 13.18 Byron Energy Action Tank at the Ordinary Meeting 21 September 2017 and resolved as follows:

 

17-386 Resolved:

 

1. That Council note the report.

 

2. That Council receive a further report once the Council owned land has been assessed for potential to support renewables, and of the implications of this in terms of process, probity

     and finance, should this land be sought by others for this purpose.

 

3. That prior to the consideration of a Council report on these issues, that a Strategic Planning Workshop be conducted to enable more detailed discussion of the propositions articulated in the report.

 

This report presents an update on actions undertaken following that resolution.

 

  

 

RECOMMENDATION:

That Council:

 

1.       Note the report.

 

2.       Enter into further discussions about the BE19 accreditation scheme with Zero Emissions Byron with a mind to developing a Memorandum of Understanding to define how this scheme could apply to Council led projects and the cost and resourcing implications of this scheme to each project.

 

3.       Receive a further report early 2018 once item 2 occurs and a draft Memorandum of Understanding is developed with Zero Emissions Byron on the BE19 accreditation scheme.

 

 

 

 


 

Report

 

Council considered Report 13.18 Byron Energy Action Tank at the Ordinary Meeting 21 September 2017. This report presents an update on actions undertaken following that resolution, as discussed below:

 

1.       That Council note the report.

 

Report noted.

 

2.       That Council receive a further report once the Council owned land has been assessed for potential to support renewables, and of the implications of this in terms of process, probity and finance, should this land be sought by others for this purpose.

 

Throughout 2017 a number of significant energy projects have gained momentum building on years of research and smaller projects strategically undertaken in the Byron Shire. Below is a snapshot of the current leading projects. These and other projects, to be identified in the Emissions Reduction Strategy (report I2017/1824 on this agenda), support Council’s commitment to the two targets of Resolution 17-086:

 

Target 1 – 100% Net Zero Emissions by 2025 in collaboration with Zero Emissions Byron and Target 2 – to source 100% of Council’s energy through renewable energy within 10 years.

 

Project

Description

Bio Energy Pre-Feasibility Study – (Potential locations)

Bio solids from Council’s Sewage Treatment Plants  and organic waste from the curb side green bin collection has been identified as significant enough to run a bio energy facility in the Byron Shire.

 

A pre-feasibility study is currently investigating the possibility of two small facilities at Brunswick Valley STP and West Byron STP, with Bangalow STP has been identified as a feed stock location.

Brunswick Valley – Sustainability Centre

(Valances Road)

A comprehensive management plan has been prepared for the entire Council owned land parcel which includes ground mounted solar and potential for a bio energy facility.

 

Resolution 17-459:

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.

 

A first phase expression of interest is currently under preparation to seek responses from industry on what technology is available that would suit the outcomes sought for this site in terms of sustainability and renewable energy outcomes. This is likely to go out to market early 2018.

Dingo Lane – Large Scale Solar

A site feasibility assessment is underway for a 5 MW ground mounted solar farm on Council owned land in Dingo Lane, Myocum.

 

Mullumbimby EV Charge Station and Solar Covered Car Park

A preliminary cost benefit analysis is underway to construct a solar covered car park adjacent to the administration centre to power the administration centre and two EV charge stations.

Mullumbimby Mini Hydro

COREM in partnership with Council is investigating recommissioning the Mullumbimby micro hydro power station.

 

Local Electricity Trading

Council is currently running a procurement process for renewing its electricity contract in collaboration with Lismore City Council. Included as one element of this process is a request for the prospective retailer to provide Local Electricity Trading between Council assets. This will be a first for local government in Australia if successful. The Cavanbah Centre and West Byron STP have been identified as a potential pilot site for LET to occur.

 

 

Each project above is being progressed by staff having regard to various legislative requirements applicable, resourcing and priority in the capital works program, and Council’s Partnerships Policy.

 

In time further updates on these projects will be reported to Council.

 

3.       That prior to the consideration of a Council report on these issues, that a Strategic Planning Workshop be conducted to enable more detailed discussion of the propositions articulated in the report.

 

At the Strategic Planning Workshop (SPW) 9 November 2017, the Mayor briefed Councillors on the genesis of the Byron Energy Action Tank, and the work by Zero Emissions Byron (ZEB) and other community groups and individuals subsequent to that meeting to establish Byron Energy 19 (BE19).

 

The SPW session included a discussion about a number of community led projects and also the establishment of a governance structure, and a set of Guiding Principles for a local renewable project accreditation scheme - BE19. The various Council led projects in 2 above were also discussed.

 

At this time it is understood that ZEB is likely to launch the BE19 accreditation scheme in December 2017.  ZEB would be the default accreditor and would also monitor annually any BE19 certified projects for ongoing compliance with the standards of the scheme.

 

A draft set of guiding principles for this scheme is provided below – and are being finalised in consultation with Council and other interested parties.

 

A fee for each assessment by ZEB is also proposed in the order of around $1000 per Kw of energy produced for projects seeking accreditation. This however requires further consideration and formalisation by the ZEB group.

 

To obtain accreditation as a BE19 proponent, local renewable energy projects shall commit themselves to the following DRAFT Guiding Principles:

 

Positive Impacts

 

Ensuring any renewable energy projects provide and enhance, long term social, environmental and economic benefits for the Byron Shire:

 

·    Local community social benefits must be at the forefront of proposals 

·    Projects shall have a strategy for ongoing social, cultural and environmental benefits, to be implemented locally and shared globally

·    Projects shall respect the ecological systems in which they are located with ecological benefits to proposals encouraged and identified

·    Projects shall minimise their footprint, and protect the sacred

·    Some profits to be used to ensure equitable access to renewable energy and associated benefits

 

Local Energy for Local People

 

Developing significant, long term economic assets through a thriving renewable energy and regenerative business sector:

 

·    Energy shall be generated within the Byron Shire

·    Projects shall support local employment and demonstrate preference for local suppliers and installers

·    Projects must provide opportunities and strategies for local investment

·    Though initial local investment is preferred, if initial investment is external to the Shire, a clear strategy to transfer it to local investment opportunities shall be outlined

 

Integrity

 

Investment groups/individuals shall satisfy an appropriate ethical investment criteria

 

Transparency

 

Together we are better when we share, learn and evolve together:

 

Projects shall establish thorough community engagement and social licence development, demonstrated by the commitments to the social and environmental criteria

 

Project shall illustrate how stakeholders are to be integrated, open and transparent

 

Urgency

 

Projects shall have obtained approvals and established a clear construction and operation timeframe prior to Sept 1, 2019

 

Accountability

 

Projects shall agree to providing yearly measurements of impacts and emission reduction, conducted and verified by 3rd party bodies and reported publicly to Zero Emissions Byron to ensure monitoring of emission reduction

 

The principles agreed to shall be for the life of the renewable energy generation infrastructure

 

The purpose for the BE19 accreditation scheme is to push for a social and local focus on projects.  The BE19 certification as it is understood would not be a de facto approval by Council or other regulatory authority for any project, but merely a means to establish its environmental credentials for consideration during the assessment process.

 

Discussions have also commenced on pathways for development applications received for BE19 and or other renewables projects as at present the approvals pathways can be complex and lengthy.

 

Given Council’s commitment to Resolution 17-086:

 

Target 1 – 100% Net Zero Emissions by 2025 in collaboration with Zero Emissions Byron and Target 2 – to source 100% of Council’s energy through renewable energy within 10 years.

 

It seems appropriate for Council to consider its support for and participation in the BE19 accreditation scheme for those projects listed above. A further report to Council on this will occur early next year.

 

Financial Implications

 

A fee for each project assessment by ZEB under the BE19 accreditation scheme is proposed in the order of around $1000 per Kw of energy produced. This would need to be considered at the project planning stage and is likely to cost on average between $1000 to $5000 per Council project for the initial certification and each year after.

 

Statutory and Policy Compliance Implications

 

Relevant Planning, Environment and Local Government legislation

Council’s Partnerships Policy


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.4

 

 

Report No. 13.4           Update on the CZMP for the Eastern Precincts of the Byron Bay Embayment and other coastal projects

Directorate:                 Sustainable Environment and Economy

Report Author:           Chloe Dowsett, Coastal and Biodiversity Coordinatior  

File No:                        I2017/1675

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Council at the 26 October 2017 meeting resolved (Res 17-521) to develop a new CZMP for the Eastern Precincts, being Cape Byron to Main Beach. This resolution is based on the Minister’s recommendation to effectively exclude the Belongil spit area from the plan by “splitting” the plan into two precincts, Eastern and Western.

 

The development of the new plan called the Coastal Zone Management Plan for the Eastern Precincts of the Byron Bay Embayment (CZMP Eastern Precincts BBE) has commenced and will be presented to a Strategic Planning Workshop early in 2018.

 

The Ministerial Direction requiring Council to prepare a CZMP for the Byron Bay Embayment still stands as Belongil is still a designated ‘hotspot’. The Minister’s Office has urged Council to begin working on a Coastal Management Program (CMP) for the Belongil precinct under the new CM Act (soon to be enacted). The CMP would effectively cover the western precincts of the BBE which are: Cavvanbah; Belongil Beach; and North Beach.

 

This report provides an update on the progress and timeframes for the new CZMP Eastern Precincts BBE, proposes that Council commence development of a CMP for the Western Precincts of the BBE and provides an update of other coastal projects, including Jonson Street Protection Works and the CMP for the Northern Precincts (New Brighton & South Golden Beach) and their work priority in relation to the two Byron Bay Embayment projects.

 

  

 

RECOMMENDATION:

1.       That Council note the report.

 

2.       That Council acknowledge that the preparation of the CZMP Eastern Precincts BBE is the highest priority project.

 

3.       That Council applies to OEH for a grant to fund 50% of the project costs for the Jonson Street Protection Works pre-construction stage.

 

4.       That Council consider an allocation of $150,000 (50% of the project costs) for the Jonson Street Protection Works pre-construction stage over the 2018/19 and 2019/20 financial years.

 

5.       That a report to Council be prepared in the New Year outlining a project plan to develop a CMP for the Western Precincts of the BBE.

 

6.       That the first stages of the CMP Western Precincts BBE and the CMP Northern Precincts (New Brighton & South Golden Beach) are developed in parallel.

 

Attachments:

 

1        Email to Council from the Ministers Office on the CZMP BBE clarifying letter E2017/93290, E2017/102464

 

 


 

Report

 

This report provides an update on the development of the newly formed Coastal Zone Management Plan for the Eastern Precincts of the Byron Bay Embayment (as per Res 17-521), and other coastal projects being delivered or proposed.

 

In correspondence to Council dated 27 October 2017 (Attachment 1) the Minister confirmed her invitation to re-submit the CZMP for the Bryon Bay Embayment excluding the Belongil Spit Precinct, after addressing relevant comments of the NSW Coastal Panel.

 

This correspondence also outlined that as the plan does not meet the requirements of the Act and the Ministerial Directions requiring Council to prepare a CZMP for the Byron Bay Embayment still stand.

 

Coastal Zone Management Plan for the Eastern Precincts of the Byron Bay Embayment

At the 26 October 2017 meeting Council resolved (Res 17-521) to develop a new CZMP for the Eastern Precincts, being Cape Byron to Main Beach. This resolution is based on the Minister’s recommendation to exclude the Belongil Spit precinct from the plan by effectively “splitting” the plan into two precincts, Eastern and Western.

 

Staff have commenced development of this new plan termed the CZMP for the Eastern Precincts of the Byron Bay Embayment (CZMP Eastern Precincts BBE), which will be presented to a Strategic Planning Workshop early in the New Year.

 

The planning area of the CZMP Eastern Precincts BBE will address four precincts:

 

1.  Wategos/Little Wategos;

2.  The Pass;

3.  Clarkes Beach; and

4.  Main Beach (including Jonson Street protection works).

 

Below is a proposed timetable for the development and submission of the CZMP Eastern Precincts BBE to the Minister within the timeframe for certification under the existing legislation. It is imperative that the CZMP Eastern Precincts BBE is signed within the general savings and transitional period of 6 months post-repeal date of the legislation. Based on the expectation that the current legislation will be repealed prior to the end of the year, staff are working towards having the plan signed and certified prior to 30 June 2018.

 

Table 1: Draft timetable for delivery of CZMP Eastern Precincts BBE

Month

Task/s

December 2017:

Development of the draft plan; meetings with Public Agencies; report to Council (14 Dec) on status of draft plan and other coastal projects

January 2018:

Finalise the draft plan; continue meetings with Public Agencies

February 2018:

Strategic Planning Workshop for Councillors; presentation of draft plan; report to Council to go to Public Exhibition

Feb/March 2018:

Public Exhibition (4-5 wks)

April 2018:

Review submissions and feedback; report to Council on Submissions and Feedback

May 2018:

Finalise plan; submit to Minister for certification

 

Upgrade of the Jonson Street Protection Works

The upgrade of the Jonson Street protection works (JSPW) is Management Action # 1 in the newly formed CZMP Eastern Precincts BBE currently being drafted. The primary reason for attempting to achieve certification of this plan is to allow Council to move forward with the planning, design and approvals for upgrade of this structure. As outlined in the comments from the Coastal Panel, this project is a high priority for implementation.

 

Staff are presently developing a grant application for the NSW Coastal and Estuary Grants Program for the pre-construction stage of works required, being detailed design of the structure, modelling (to clarify engineering parameters required), funding model and distributional analysis (confirmation of funding available for capital works), planning and approvals. This first stage of the project links into the present Master Plan process being delivered for the Byron Bay Town Centre. The design phase will explore options and opportunities for upgrade of the erosion protection structures in line with the Council-endorsed re-design of the works.         .

 

It is intended that the grant application will be tabled at the Strategic Planning Workshop in early 2018.

 

Coastal Management Program for the Western Precincts of the Byron Bay Embayment

Resolving the issues at Belongil for certification of the plan under the existing legislation and within the pending timeframe is considered to be unachievable due to the numerous and complex issues that need to be addressed.

 

The Ministerial Directions requiring Council to prepare a CZMP for the Byron Bay Embayment still stand as Belongil is still a designated ‘hotspot’. A report will be brought to Council in the New Year outlining a project plan to develop a CMP for the Western Precincts of the BBE for Council’s consideration.  

 

Coastal Management Program for the Northern Precincts (New Brighton and South Golden Beach)

Council resolved (Res 13-347) to prepare a CMP for the Shire’s northern coastal precincts (New Brighton and South Golden Beach). This action has been included in Council’s 2017/18 Operational Plan with a target to commence the plan.

 

An application for funding to develop a CMP for the North Byron Shire coastline was lodged through the Coastal and Estuary Grants Program on 27 June 2017. Council has been approved $75,000 (50%) funding for the project through the Grants Program (Office of Environment and Heritage, conditional on a Work Plan being developed by 28 February 2018.

 

Due to the new coastal legislation yet to be enacted, staff are unable to prepare a final Scope of Work for the project, as the project tasks need to be aligned with the final NSW Coastal Manual. For this reason, a consultant is yet to be engaged and a final Work Plan is yet to be developed.

 

Other Coastal Projects

 

New Brighton Beach Scraping Project

Beach scraping works are now complete and revegetation of the dune is presently being implemented. Discussions are being held with the Department of Crown Land and Water regarding fencing of the dune along the heavily used dune area between Strand Ave and the Pacific St beach accessways. A large dune buffer has been created to help combat the effects of storm events and coastal erosion, however, pedestrian and dog access is limiting the ability of vegetation to re-establish on the crest of the dune. Further dune revegetation works and re-building of the beach accessways may be undertaken in the near future.

 

Coastal Zone Management Plan for Brunswick Estuary

On the 4 July 2017 the newly revised Coastal Zone Management Plan for the Brunswick Estuary was sent to the Minister for certification, pending public agency agreement. To date a response from the Minister has not yet been received. Staff have made contact with other public agencies who have made minor feedback and comments.

Due to the new coastal legislation yet to be enacted certification of this CZMP is considered to be achievable. However, this is dependent on comments provided by the Minister which are yet to be received.

 

Coastal Work Program

Given the number of significant projects, delays to some due to pending legislation, and available resources, the following work plan is proposed for the delivery of these coastal projects.

 

Table 2: Proposed Coastal Work Program

Project

Comment

Funds

Staff Recommendation

CZMP Eastern Precincts  BBE

It is critical to have the new CZMP completed and with the Minister for certification prior to the lapsing of the legislations transitional arrangements. It is expected that the legislation will come into effect by the end of this year therefore the new CZMP must be with the Minister by June 2018.

 

This is the highest priority project.

Refer to Table 1 (above) Draft timetable for delivery of CZMP Eastern Precincts BBE.

Funds for exhibition and finalising this plan are available in the existing budget.

That the preparation of the CZMP Eastern Precincts BBE is the highest priority project.

Jonson St Protection Works

This is a high priority project for action due to existing risk.

 

It is proposed that a grant application be lodged with OEH for matching funds for the pre-construction stage.

 

 

Apply to OEH for 50% grant.

 

Seek matching funds in Council’s 2018/19 budget.

That Council applies to OEH for a grant to fund 50% of the project costs for the Jonson Street Protection Works pre-construction stage.

 

That Council consider an allocation of $150,000 (50% of the project costs) for the Jonson Street Protection Works pre-construction stage over the 2018/19 and 2019/20 financial years.

 

CMP Western Precincts BBE

The Ministerial Directions to prepare a CZMP for the Byron Bay Embayment still stands.

 

 

Funds available through the OEH Coastal and Estuary Grants Program (50%)

 

 

Report to Council in the New Year on a project plan to develop a CMP for the Western Precincts of the BBE for Council’s consideration.

 

CMP Northern Precincts (New Brighton and South Golden Beach)

Council resolved to prepare a CZMP for the northern coastal precincts in 2013.

 

Recently completed beach scraping for this beach compartment may have reduced the short term risk to the area and as such this project is considered a lower priority.

 

Although a lower priority the first stage of the CMP process will proceed once a finalised Work Plan can be developed (pending enactment of the new legislation).

Council has been successful in receiving an OEH grant for this project.

Council has matching funds in the existing 2017/18 budget.

That the first stage of the CMP Northern Precincts (New Brighton and South Golden Beach) and the CMP Western Precincts BBE are developed in parallel.

 

It is recommended that Council adopt the above Coastal Work Program.

 

Financial Implications

 

Funds required in next years budget (2018/19) for developing the further stages of a CMP  Western Precincts BBE and CMP Northern Precincts (New Brighton and South Golden Beach), are unknown at this stage until the first stage is complete but may be in the vicinity of approx. $75,000 for each project (Council share).

 

Funds required in next years budget (2018/19) for the pre-construction stage of the Jonson Street Protection Works upgrade are approximately $150,000 (Council share).

 

Statutory and Policy Compliance Implications

 

Repeal of the Coastal Protection Act 1979 and enactment of the Coastal management Act 2016, along with associated finalised Coastal Manual. This is anticipated to occur prior to the end of the year (2017).  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.5

 

 

Report No. 13.5           PLANNING - S96 10.2016.551.2 S96 for Design Amendments to Dwelling House at 70 Kingsley Street Byron Bay

Directorate:                 Sustainable Environment and Economy

Report Author:           Luke  Munro , Planner  

File No:                        I2017/1792

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

Section 96 Application No:

10.2016.551.2

Proposed modification:

S96 For Design Amendments to Dwelling House

Original Development:

Dwelling House and Demolition of Existing Garage /Shed

Type of s96 sought:

 

 

 

 

Property description:

LOT: 11 DP: 778429

70 Kingsley Street BYRON BAY

Parcel No/s:

39330

Applicant:

Mrs D L Ehrenburg

Owner:

Mrs D L Ehrenburg

Zoning:

R2 Low Density Residential

S96 Date received:

11 October 2017

Original DA determination date:

10 November 2016

Integrated Development:

No

Public notification or exhibition:

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

-    Exhibition period: 26 October 2017 to 8 November 2017

-    Submissions received: Two (2)

Delegation to determination:

Council

 

Issues:

·    Located in the Kingsley Street Conservation Area;

 

Summary:

 

A S96 Application has been received for design amendments to the approved dwelling house which includes the modification of a number of windows, changes to the front gable end roof and to delete Condition 14 in relation to painting the dwelling in heritage colours. The modification of the windows and roof form and internal floor plan modifications will not impact on neighbouring dwellings and these changes are considered to comply with the requirements of the Byron LEP 2014 and Byron DCP 2014.

 

The applicant has also requested the deletion of Condition 14 which requires the dwelling be painted in colours which comply with the requirements of Chapter C1 Non Indigenous Heritage of the Byron DCP 2014. The house however has been painted in a bright shade of yellow which is inconsistent with heritage provision of Chapter C1 of the DCP.

 

Historically, a weatherboard dwelling was located upon the property which was painted a similar yellow to the newly constructed dwelling. This dwelling was destroyed by fire and the new house has replaced this building. The proposed amendments have been assessed by Council’s Heritage Advisor and it’s recommended that Condition 14 remain. An alternative colour should be considered that is more sympathetic with the dwellings location within the Kingsley Street Conservation Area. However, it is open to Council to have an alternative view to this and resolve to delete Condition 14.

 

The remainder of the proposal is satisfactory (with the exclusion of the removal of Condition 14) having regard to relevant matters for consideration. The Section 96 Application is recommended for partial approval subject to amended conditions of consent.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

  

 

RECOMMENDATION:

That pursuant to Section 96 of the Environmental Planning & Assessment Act 1979, that Application No. 10.2016.551.2, for S96 for design amendments to dwelling house, be partially approved by modifying Development Consent Number 10.2016.551.1 subject to the conditions listed in Attachment 2 (E2017/108605).

 

Attachments:

 

1        Proposed plans S96 10.2016.551.2 - prepared by Prestige Properties Design & Construction, E2017/108655

2        proposed conditions 10.2016.551.2 - 70 Kingsley Street Byron Bay, E2017/108685

3        Confidential - 10.2016.551.2 submissions received, E2017/108605  

 

 


Assessment:

 

1.   INTRODUCTION

 

1.1.       History/Background

 

This application is for development on an existing residential allotment known as Lot 11 DP778429 registered on the 17.10.1998.

 

DA10.2016.551.1          Dwelling House   Approved 10.11.2016

 

Development Consent 10.2016.551.1 (the subject of this S96 application) provided consent to construct a large home spread over 3 levels at 70 Kingsley Street, Byron Bay. The approved dwelling consists of the following:

 

Garage Floor Level (Basement)

·    Storage Room

·    Double Garage

·    Workshop and attached bathroom

Ground Floor Level

·    Combined Living/Dining/Kitchen with direct access onto a large verandah

·    Two bedrooms (Bed 2 includes en-suite)

·    Separate Powder, Bathroom and Laundry rooms

·    Conservatory

·    Courtyard 

First Floor Level

·    Study

·    Main Bedroom including attached Retreat, Walk in Robe, En-suite and Verandah.

 

Condition 14 requires the dwelling be painted in accordance with the Byron DCP 2014, Chapter C1 were included in the Consent. Condition 14 is replicated below:

 

14)    Building materials and colours

The application for a Construction Certificate is to include plans and specifications that indicate the proposed building colours are in accordance with the colours within the provisions of Section C1.4.5 of Council’s Development Control Plan 2014.  Please note that colours must be non-reflective.

 

1.2.       Description of the proposed development

 

This application seeks approval for a S96 for design amendments to Dwelling House which include the following:

·    Incremental amendments to windows and doors (discussed further below);

·    Minor internal floor plan layout changes;

·    Change in Verandah roof form - gable to hip roof;

·    500mm extension to balcony on eastern elevation; and

·    Removal of Condition 14 relating to Building Materials and Colour

 

The majority of changes are considered minor in this instance and generally in keeping with the original design of the dwelling. These include the changes to windows, roof form and balcony. The proposed changes to the windows are outlined below:

 

 

Approved

Proposed

Windows

No. 2 & 3

Eastern Elevation–Sub floor

600(h) x 600(w)

1200(h) x 600(w)

No. 26 & 27

Western Elevation–Ground floor

1200(h) x 1200(w)

1200(h) x 1500(w)

Bedroom 3 – New Louvre window

Window added

1850(h) x 450(w)

No. 28 & 30

Northern Elevation–Ground floor

-

Deleted

Bathroom-First Floor

Window added

1100(h) x 1100(w)

Floor Plan changes

Sub Floor

Store room wall

 

Removed

Internal Door to spoon drain

 

Removed

External door-northern elevation

 

Removed

Ground Floor

No Changes

 

 

First Floor

Amended room description – swap Bedroom 1 with Retreat

 

Amended room description/s

Balcony to Ensuite- 500mm wider

and timber balustrade

700(w) x 2000(L)

700(w) x 2500(L)

Roof

Glass roof to lantern roof

Metal roof

Glass roof

Skylight-first floor hall

-

Skylight added

Skylight-Stairwell

-

Skylight added

Relocation of Solar HW Panels

-

Solar HW Panels relocated

Verandah roof – change to roof design

Gable Roof

Hipped Roof

Emphasis added to new dimension/s

 

Previous Dwelling destroyed by fire

Newly constructed dwelling

 

 

14)    Building materials and colours

The application for a Construction Certificate is to include plans and specifications that indicate the proposed building colours are in accordance with the colours within the provisions of Section C1.4.5 of Council’s Development Control Plan 2014.  Please note that colours must be non-reflective.

Such plans and specifications must be approved as part of the Construction Certificate.

 

1.3.       Description of the site

 

The subject site is located at 70 Kingsley Street, Byron Bay and is further described as Lot 11 DP778429 and has an area of 599.5m2. The site is located on the south-western corner of Kingsley and Massinger Streets. The site is within the R2 Low Density Residential Zone under Byron Local Environmental Plan 2014 and with a dwelling house under construction onsite generally in accordance with 10.2016.551.1. The previous dwelling house was destroyed by fire.

 

2.  

SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

Having regard for the matters for consideration detailed in Section 79C (1) of the Environmental Planning & Assessment Act 1979, the following is a summary of the evaluation of the issues.

 

2.1.       State/Regional Planning Policies, Instruments, EPA Regulations 2000

 

ENVIRONMENTAL PLANNING AND ASSESSMENT Act 1979

 

Section 96(1A)

Comment:  The proposal is of minimal environmental impact 

Section 96(3)

Comment: Section 79C (1) matters are considered below.

Section 96(4)

Comment: Noted.

Section 96(6)

Comment: Proposal recommended for approval (excluding the removal of Condition 14)

Section 96(8)

Comment: Noted.

 

 

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000

 

Clause 115(1)

Comment:  Requirements for an application for modification of a development consent under section 96(1A) have been achieved.

Clause 115(2)

Comment:  Original application was publically notified and 1 submission was received. The proposed modification was publically notified and 2 submissions were received.

Clause 115(5)

Comment:  Not state significant development

Clause 115(6)

Comment:  Amended BASIX Certificate has been provided

Clause 115(7)

Comment:  Amended BASIX Certificate has been provided

Clause 115(8)

Comment:  The land is not owned by a Local Aboriginal Land Council

Clause 115(10)

Comment:  Not applicable

Clause 116

Comment:  Not applicable

Clause 117(1)

Comment:  Proposal is of minimal environmental impact    

Clause 117(2)

Comment:  Original application was publically notified and 1 submission was received. The proposed modification was publically notified and 2 submissions was received.

Clause 117(3A)

Comment:  Proposal not determined by JRRP

Clause 117(4)

Comment:  Original application was publically notified and 1 submission was received. The proposed modification was publically notified and 2 submissions was received.

Clause 120(1)

Comment:  Not applicable

Clause 120(2)

Comment:       Not applicable

 

 

2.2.       Byron Local Environmental Plan 2014

 

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

 

Part 1

1.1| 1.1AA| 1.2| 1.3| 1.4| Dictionary| 1.5| 1.6| 1.7| 1.8| 1.8A| 1.9| 1.9A

Part 2

2.1| 2.2 | 2.3 |Land Use Table | 2.4 | 2.5 | 2.6 | 2.7 | 2.8

Part 3

3.1| 3.2| 3.3

Part 4

4.1| 4.1A| 4.1AA| 4.1B |4.1C| 4.1D| 4.1E| 4.2| 4.2A| 4.2B| 4.2C| 4.2|4.3|4.4 |4.5 |4.6

Part 5

5.1| 5.2| 5.3| 5.4| 5.5| 5.6| 5.7| 5.8| 5.9| 5.9AA| 5.10| 5.11| 5.12|5.13

Part 6

6.1| 6.2| 6.3| 6.4| 6.5| 6.6| 6.7| 6.8| 6.9

 

In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:

(a)     The proposed development is defined in the LEP 2014 Dictionary as Dwelling House;

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

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

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

 

Zone Objective

Consideration

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

The dwelling will provide a range of housing types in the locality and maintains the existing residential character of the area.

 

To enable other land uses that provide facilities or services to meet the day to day needs of residents

The dwelling will provide a range of housing types in the locality. No non residential land uses are proposed.

 

The remaining underlined clauses have been taken into consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act. The proposed development complies with all clauses of LEP 2014 (in some cases subject to conditions and/or to the satisfaction of other assessing officers).

 

 

Agree or No

Proposed amendments raise no issues under the LEP

Agree

 

 

2.3.       Draft EPI that is or has been placed on public exhibition and details of which have been notified to the consent authority - Issues

 

Draft SEPP (Coastal Management) 2016

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

 

·    coastal wetlands and littoral rainforests area

·    coastal environment area;

·    coastal use area; and

·    coastal vulnerability area.

 

The subject site will be mapped within the coastal use area. The proposed development is not in a wetland, littoral rainforest, coastal environment area or coastal vulnerability area.  The proposed amendments to the consent do not raise any specific issues that apply to the coastal use area provisions under the draft SEPP.

 

 

2.4.       Development Control Plans

 

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

 

Part A

 

Part B Chapters:

B2| B3| B4| B5| B6| B7| B8| B9| B10| B11| B12| B13|

B14

Part C Chapters:

C1| C2| C3| C4

Part D Chapters

D1| D2| D3| D4| D5| D6| D7| D8

Part E Chapters

E1| E2| E3| E4| E5| E6| E7

 

These underlined Parts/Chapters have been taken into consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act. The proposed development complies with all sections of these Parts/Chapters (in some cases subject to conditions and/or to the satisfaction of other assessing officers), except in relation to certain prescriptive measures identified below:

 

 

Agree or No.

Proposed amendments do not generate any additional issues that have not been previously considered.

No - see below

The application has been referred to Councils Heritage Advisor who has provided commends objecting to the proposed removal of Condition 14. Refer to Doc #E2016/94462

 

Chapter C1.4.5 Colours The objectives of Chapter C1.4.5 seek to:

1)      To ensure that the selection of colours for heritage items and components of a Heritage Conservation Area is based on an understanding of the original finishes.

 

2)      To ensure that colours employed in new development are compatible with the significance and character of the heritage item they adjoin or of development in the street or Heritage Conservation Area.

 

3)      To avoid the use of colours that are inappropriate or incompatible with the heritage character of heritage items or Heritage Conservation Areas.

I inspected the building and external colour on Thursday 2 November 2017 and have reviewed the comments provided by Jane Alexander. Whilst the previous dwelling may have been painted in a similar colour, direct replication is not automatic.

This is a new building which has to be assessed in the same way as any other new building within the Conservation Area with regard to the adopted policies which now apply. Accordingly, Council placed a condition requesting a final sample of the colour for prior approval pursuant to its adopted DCP. 

A careful reading of the objectives and performance criteria of C1.4.5 of the DCP, clarifies that traditional heritage colour schemes are not advocated for new development. Colour schemes for new development need to be compatible and harmonious in the streetscape and in the context of Heritage Items (of which there is a group of items in Massinger Street directly opposite). Clause C1.4.5 (6) also clearly states that bold primary colours, black and white must not be used on external surfaces.

Clause C1.4.5 (3) states (in full) that

“Variations to traditional colour schemes may be appropriate for new development provided that the scheme maintains light colours for walls and roof, with dark colours for trims and remains harmonious in the heritage landscape of the locality.” 

The consultant quoted only the first part of this clause, removing the remainder, which includes the key issue- that it maintains light colours or walls etc. and needs to be harmonious with the locality. There are also other errors in statements as the DCP does provide clear direction for heritage colour schemes in the appendix for maintenance colours.

 The yellow colour which has been applied is very vibrant and dominant compared to the surrounding buildings and streetscapes which are predominantly characterised by generally light body colours.

The DCP does not preclude the use of a yellow, however it is recommended that the current colour is modified and ‘toned down’ to be more sympathetic to the setting of the Kingsley Street Conservation Area. Given that it has also attracted objections (prior to approval) this demonstrates that it is not achieving the objectives of the DCP to be harmonious. 

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

 

 

Agree or No (Add comments as required)

Proposed amendments do not generate any impacts that have not been previously considered.

Agree

The dwelling house is substantially the same development as previously approved under 10.2016.551.1 with the exception of the colour the house has been painted in. The colour of the dwelling has been addressed in Section 2.4 above.

 

2.6.       The suitability of the site for the development

 

 

Agree or No. (Add comments as required)

Proposed amendments do not affect the Sites Suitability.

Agree

The site is an existing R2 Residential Low Density lot and is suitable for development of a Dwelling House.

 

3.6     Submissions made in accordance with this Act or the regulations

 

Two Submissions were received raising the following matters

 

Submission

Comment

Yellow Paint Colour (Submission 1)

From our perspective, it is most disturbing that this extensive expanse of conspicuous, unsightly yellow now dominates the view from our house.

 

More importantly however, we believe that the unusually garish paint colour is inappropriate for this beautiful older precinct of Byron Bay.  In our view, the colour is at odds with the preservation and enhancement of the heritage streetscape and this in turn may detrimentally impact community and visitors' perception and appreciation of Byron Bay's history.

 

We strongly believe that a more neutral colour palette would be more appropriate for this important area of Byron Bay for the benefit of all.

 

The existing Consent 10.2016.551.1 contains a condition requiring the proposed building colours are in accordance with the heritage colour provisions of Section C1.4.5 of Council’s Development Control Plan 2014.

 

The bright yellow colour which the house has been painted in does not comply with the Byron DCP 2014 Section C1.4.5 and further Council approval for the colour scheme has not been granted.

 

The developer has stated that the dwelling house is a like for like replacement of the existing dwelling which was destroyed by fire, and that they should be able to replicate what was there originally including the bright yellow that the previous house was painted.

 

It is considered that the dwelling house is significantly larger than the previous dwelling onsite and it is not a like for like replacement of the previous dwelling. The dwelling is considerably larger than the previous dwelling and appears as three (3) storeys from Kingsley Street. Given the increased bulk and scale of the dwelling and significant street presence within the Kingsley Street Conservation Area the bright yellow will have a significantly increased impact on the streetscape and Conservation area. The bright yellow does not comply with the Byron DCP 2014 Chapter C1 and it has been recommended that Condition 14 remain – and that the bright yellow is not supported in this instance.

 

Yellow Paint Colour (Submission 2)

The new building being double storey and built very close to my boundary and being painted in bright yellow is ugly and an incredible eyesore from my property.  I believe the yellow colour is non compliant with the heritage colours and degrades the beauty of this special street in the Heritage Precinct of Byron Bay.

 

Privacy

The new house at 70 Kingsley Street has 2 storeys and with the proposed larger windows in the upper storey (on the neighbours' west side of her house) this will severely encroach on my privacy. 

 

 

The proposed changes in the windows on the western elevation will result in windows 26 and 27 increasing in size from 1200(w) to 1500(w) and a 600mm reduction in the width of the fireplace within the lounge room.

 

The applicant has provided photos from these windows which demonstrate a certain level of vegetation screening between windows 26 and 27 (in the western elevation of the dwelling house) and the adjoining dwelling at 68 Kingsley Street.

 

There is a distance of approximately 8m between the windows of 68 and 70 Kingsley Street. The increased width of the lounge room windows in 70 Kingsley Street by 300mm will not increase substantially any potential overlooking of the neighbouring dwelling. The applicant has also provided photos demonstrating that existing vegetation will provide screening between the two dwellings. It appears from the photo that the lounge room windows in 70 Kingsley Street will be set lower than the adjoining bedroom window in the eastern elevation of 68 Kingsley Street. 

 

 

3.7     Public interest

 

The approval of the bright yellow colour scheme could set a precedent and could provide an indication to residents, applicants and developers that strict compliance with heritage colours in a conservation area is no longer a priority.

 

 

Agree or No Add comments as required

Proposed amendments are unlikely to prejudice or compromise the public interest.

Agree

The dwelling house and minor amendments as requested (excluding the removal of Condition 14) are considered minor and are unlikely to compromise the public interest.

 

4.       DEVELOPER CONTRIBUTIONS/ WATER AND SEWER CHARGES

 

 

Agree or No. (Add comments as required)

There is no nexus to levy additional contributions.

Agree

 

 

 

5.       CONCLUSION

 

The proposal is satisfactory (with the exclusion of the removal of Condition 14) having regard to relevant matters for consideration. The Section 96 application is recommended for partial approval subject to amended conditions of consent.

 

6.   DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

 

Has a Disclosure Statement been received in relation to this application

No

Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.

No

 

Provide Disclosure Statement register details here: Nil

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.6

 

 

Report No. 13.6           Bangalow Village Plan and Our Mullumbimby Masterplan - summary of process outcomes to date

Directorate:                 Sustainable Environment and Economy

Report Author:           Tara McGready, Place Planning Coordinator

File No:                        I2017/1794

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

The Bangalow Village Plan and Our Mullumbimby Masterplan Guidance Groups have been working with Council staff through a series of thematic workshops since April 2017. We are now reaching the end of the workshop process with both Guidance Groups.

 

Ideas and actions for both place plans identified through the workshop process thus far are summarised in Attachments 1 and 2 to this report. An updated indicative project plan for each of the place plans is also provided in this report.

 

  

 

RECOMMENDATION:

1.       That Council note:

 

a)      the summary of ideas and actions identified through the Bangalow Village Plan and the Our Mullumbimby Masterplan Guidance Group workshop process to date contained in Attachments 1 (E2017/106824) and 2 (E2017/107156) to this report.

 

b)      the updated indicative project plans for Bangalow Village Plan and Our Mullumbimby Masterplan tabled in this report.

 

2.       That Council thank and acknowledge both Bangalow Village Plan and Our Mullumbimby Masterplan Guidance Group members for the time, effort and commitment they have given to the place planning process thus far.

 

Attachments:

 

1        Summary of outcomes - Guidance Group workshop process Apr-Nov 2017 - Bangalow Village Plan, E2017/106824

2        Summary of outcomes - Guidance Group workshop process Apr-Nov 2017 - Our Mullumbimby Masterplan, E2017/107156

 

 


 

Report

 

Council adopted indicative project plans for the Our Mullumbimby Masterplan and the Bangalow Village Plan in August and December 2016 respectively. Since this time the Place Planning team have been working with both community Guidance Groups which were set up to work with Council staff in guiding the preparation of the respective plans. 

 

A series of workshops to upskill the Guidance Groups’ knowledge on a range of themes have been held for each town since April 2017. The purpose of these workshops is to consider and share information relating to the different planning and urban design thematic components which contribute to the makeup of a place, from the perspectives of a range of community and Council stakeholders. The place planning workshop process for each plan is drawing to an end with only a couple of workshops left before reporting the draft plans to Council for exhibition approval. The most recent workshop for each place plan was held in September and October 2017 and focused on drawing together ideas for different precincts within each of the towns on a spatially based level.

 

The values, issues, future directions and actions for both Place Plans identified through the workshop process thus far are presented in Attachments 1 and 2 to this report. The attachments have been structured to first give a summary of actions and ideas that apply broadly to the towns, before breaking into maps and summary tables of actions and ideas for spatially based precincts within the towns. Note that actions within the table have not yet been prioritised and in fact some actions presented could be in direct conflict with one another. Part of the next stage of the process for both place plans is to finalise and prioritise actions that have been identified so far.

 

An updated indicative project plan for each of the place plans is provided below in Tables 1 and 2. The drafting of the Bangalow Village Plan is proposed as a priority over the Our Mullumbimby Masterplan as it is critical to a number of other concurrent Bangalow based Council projects, and is planned for reporting to Council in February 2018, with exhibition to commence in March 2018.

 

The draft Mullumbimby Masterplan is proposed for reporting at the August 2018 Council meeting with exhibition in September 2018. The staging of the plans and their exhibition accords with available resource capacity.

 

Table 1: Updated indicative timeline for preparation of ‘Bangalow Village Plan’

 

 

Stages already complete      

 

 

Future stage

 

Stage

2017

2018

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Guidance Group theme based workshops

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Guidance Group Precincts workshop – full day spatially based workshop for both Bangalow and Mullumbimby Place Plans

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bangalow Village Plan - collation of information and preparation of plan

 

 

 

 

 

 

 

 

 

We are here

 

 

 

 

 

Report to Council – update of project status, workshop outcomes both plans.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bangalow Guidance Group workshop – Governance and implementation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bangalow Guidance Group workshop – review of draft Village Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Report to Council seeking public exhibition of Bangalow Village Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public exhibition of Bangalow Village Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Submissions collation and plan modification

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Final workshop of Guidance Group to review draft plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Report to Council seeking adoption of Bangalow Village Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table 2: Updated indicative timeline for preparation of ‘Our Mullumbimby Masterplan’

 

 

Stages already complete      

 

 

Future stage

 

Stage

2017

2018

 

May

Jun

July

Aug

Sep

Oct

Nov

Guidance Group theme based workshops and Precincts workshop – generally full day workshops every 2 weeks for each Bangalow Village Plan and Our Mullumbimby Masterplan.

Workshops complete. GG are aware of revised schedule to recommence in 2018.

 

 

 

 

 

 

 

Our Mullumbimby Masterplan - collation of information and preparation of plan

 

 

 

 

 

 

 

 

Mullumbimby Guidance Group workshop – Governance and implementation

 

 

 

 

 

 

 

 

Report to Council seeking public exhibition of Our Mullumbimby Masterplan

 

 

 

 

 

 

 

 

Public exhibition of Our Mullumbimby Masterplan

 

 

 

 

 

 

 

 

Submissions collation and plan modification

 

 

 

 

 

 

 

 

Final workshop of Guidance Group to review draft plan

 

 

 

 

 

 

 

 

Report to Council seeking adoption of Our Mullumbimby Masterplan

 

 

 

 

 

 

 

 

 

Financial Implications

 

NIL

 

Statutory and Policy Compliance Implications

 

NIL


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.7

 

 

Report No. 13.7           PLANNING - 26.2016.6.1 - Planning Proposal - The Farm - Additional Permitted Uses

Directorate:                 Sustainable Environment and Economy

Report Author:           Rob Van Iersel, Major Projects Planner

File No:                        I2017/1823

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

 

Summary:

 

This report presents a planning proposal for The Farm – Lot 1 DP 780234 & Lot 5 DP 848222, which seeks to amend the Byron LEP 2014 by way of an ‘additional permitted uses’ clause within Schedule 1 of that LEP.

 

The planning proposal follows consideration of the matter at the meeting of 26 October, where Council resolved (17-514):

 

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 i.e. 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.

 

A cost agreement was executed on 23 November 2017, in accordance with the requirements in point 2 above.

 

The purpose of this report is to commence the planning proposal process, by resolving to support the draft planning proposal and forward it to the Department of Planning and Environment for a Gateway Determination.

 

Subject to a successful Gateway Determination, the proponents will be required to provide supporting information addressing a number of issues identified in this report, prior to the public exhibition of the proposal and further consideration by Councillors.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

  

 

RECOMMENDATION:

That Council:

 

1.       Agree to initiate the planning proposal to amend Byron LEP 2014 (Attachment 1 #E2017/103796) for the reasons outlined in this report.

 

2.       Forward the planning proposal to the NSW Department of Planning and Environment for a Gateway determination.

 

3.       Agree that staff can proceed to public exhibition of the planning proposal and government agency consultation based on the Gateway determination issued by the NSW Department of Planning and Environment, and report back to Council as part of post-exhibition reporting.

 

Attachments:

 

1        Draft Planning Proposal The Farm, Pre Gateway Version #1, E2017/103796

 

 


 

Report

 

The Planning Proposal

This planning proposal relates to The Farm at Ewingsdale Road, Ewingsdale, and is prepared in accordance with the previous resolution of Council, (17-514), outlined in the summary to this report.

 

The resolution of Council followed ongoing planning and compliance issues at The Farm.

 

The intention of the planning proposal is to provide a mechanism for the approval of nominated land uses at The Farm.  It proposes an ‘additional permitted uses’ amendment to the LEP to address existing uses, which have commenced and/or expanded without authorisation.

 

While some of the individual uses included in the draft clause may be permissible with consent in the RU1 zone, the provisions of cl. 6.8 of the LEP operate to restrict rural tourism development to a scale which can be managed by the owner of the land.

 

The scale of the existing uses at The Farm currently exceeds that threshold, preventing development consent.

 

The planning proposal, however, does not seek to alter the existing RU1 Primary Production zoning of the site. 

 

The primary production use of the land remains the primary focus of activities at the site, and the planning proposal aims to reinforce that by ensuring that any approved use has an essential association with existing agricultural/ primary production activities, or enables or enhances agricultural production at the site.

 

The additional permitted uses clause, therefore, is the best mechanism to provide for continuation of a number of rural tourism uses of the land, conducted in association with agricultural production at the site, in a manner that maintains the primary production objectives of the zone.

 

The draft planning proposal seeks to amend Byron LEP 2014 by including the following new clause within Schedule 1 Additional Permitted Uses.  The new clause will be supported by a Map, which will identify the site, and identify two land use precincts within the site:

1.    A Farming Precinct – covering the majority of the property, identifying the location of existing and potential future primary production; and

2.    A Rural Activity Precinct – covering the existing cluster of buildings in the south-west of the site.

 

A key aim of the draft additional permitted use clause is to ensure that land uses within the Rural Activity Precinct have, and always maintain, an essential association with existing agricultural/ primary production activities undertaken within the Farming Precinct.

 

The suggested wording of the draft clause is:

 

9.    Use of certain land at Ewingsdale Road, Ewingsdale

(1)   This clause applies to land at Ewingsdale Road, Ewingsdale (known as The Farm) being Lot 1, DP 780234 and Lot 5, DP 848222, and identified as “Area E” on the Additional Permitted Uses Map.

(2)   The purpose of the Rural Activity Precinct shown on the Additional Permitted Uses Map is to provide commercial outlets for farming products grown on site and opportunities for the community to learn about and appreciate farming.

It applies to a cluster of existing buildings in the south-west corner of the property (see Map).

(3)   Within the Rural Activity Precinct shown on the Additional Permitted Uses Map, development for the following purposes is permitted with consent (in addition to uses permitted with consent in the RU1 zone):

(a)   Wholesale Bakery;

(b)   Agricultural training/ education facilities;

(c)   Administration offices;

(d)   Small-scale information centre.

In this clause:

wholesale bakery means an area within an existing building used for the preparation of bread and other bakery goods, provided that a minimum of 70% of the products produced contain ingredients sourced directly from the property.

agricultural training / education facilities means areas within existing buildings utilised for the provision of small group training, where that training is directly related to agriculture or rural industry, excluding training relating to marketing and/ or administration aspects of agriculture.

administration offices means areas within an existing building utilised for the management of agricultural or ancillary business that are conducted on the property.

small scale information centre means a building used for the display of information relating to the property and its uses, or as a gathering point for individuals and groups undertaking training, education or recreational activities at the site.

(4)   Development consent must not be granted for any use within the Rural Activity Precinct unless the consent authority is satisfied that:

(a)   the use has an essential association with existing agricultural/ primary production activities undertaken within the Farming Precinct at the site, or enables or enhances agricultural production on the site;

(b)   the use will not limit the operation and/ or expansion of adjoining and nearby agricultural uses;

(c)   wastewater generated by the proposed use will be within the treatment and disposal capacity of the approved on-site wastewater management system;

(d)   there are no new or additional buildings proposed within the precinct;

(e)   traffic generated by the proposed use will not result in total peak hour trips (i.e. from the site as a whole), exceeding 200 trips outside of school holiday periods or 350 trips during holiday periods;

(f)    individual events undertaken within agricultural training/ education facilities involve a maximum of 30 people, with the exception of school groups, which can have a maximum of 50 students; and

(g)   there will be no more than 1 training/ education event per week within the agricultural training/ education facilities;

(5)   The purpose of the Farming Precinct shown on the Additional Permitted Uses Map is to preserve the bulk of the property for primary production and facilitate innovative community farming models.

(6)   The secondary purpose of the Farming Precinct is to provide opportunities for agricultural education/ appreciation and low-scale recreational activities that are directly related to primary production.

(7)   Within the Farming Precinct shown on the Additional Permitted Uses Map, development for the following purposes is permitted with consent:

(a)   Farm field days and exhibitions;

(b)   Farm tours for educational purposes, including individuals, school groups, and other groups of up to 30 people at a time, or 50 students in the case of a school group;

(8)   Development consent must not be granted for a farm field day or exhibition within the Farming Precinct unless the consent authority is satisfied that:

(a)   there are a maximum of 4 such events in any calendar year;

(b)   there are no more than 100 people attending any individual event;

(c)   events are scheduled such that event traffic avoids morning and afternoon peak hour periods;

(d)   events will not occur concurrently with any use of the agricultural training / education facilities within the Rural Activities Precinct;

(e)   a Noise Management and Monitoring Plan has been prepared for each event, including:

·     details to ensure adequate measures, roles and responsibilities are in place to ensure that event noise remains inaudible above background levels at nearby dwellings; 

·     assessment of expected noise impacts;

·     detailed examination of all feasible and reasonable management practices that will be implemented to minimise noise impacts

·     strategies to promptly deal with and address noise complaints.  This should include any records that should be kept in receiving and responding to any noise complaints;

·     details of performance evaluating procedures (for example, sound checks on amplified music or public address systems);

·     procedures for notifying nearby residents living within 1 kilometre of the property of forthcoming events, times that they are likely to notice noise emanating from the site and the contact details for the onsite manager for complaints and queries to be made, and responded to;

·     operational details about the use of any noise monitoring equipment to record sound pressure levels around the property;

·     name and qualifications of person who prepared the report; and

·     protocols for the monitoring of the event, including a requirement that a report be provided to Council following the event.

(9)   Within the Farming Precinct shown on the Additional Permitted Uses Map, development for the following purposes is permitted without consent:

(a)   Family picnics;

(b)   Individual / small group (up to 10 people) unaccompanied meanders.

 

Key Issues

·    Consistency with RU1 zone objectives;

·    Potential land use conflict

·    Scale of rural activity land use

·    Consistency with relevant strategic plans

 

RU1 Zone Objectives

The site is located at the southern end of an extensive area zoned RU1 Primary Production, which covers land mapped as Regionally Significant Farmland.

 

 

 

The objectives of the RU1 zone are:

 

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

To encourage diversity in primary industry enterprises and systems appropriate for the area.

To minimise the fragmentation and alienation of resource lands.

To minimise conflict between land uses within this zone and land uses within adjoining zones.

To encourage consolidation of lots for the purposes of primary industry production.

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

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

 

The production activities currently being undertaken within the farming precinct of the site are consistent with these zone objectives.  The nature of that use specifically adds to the diversity in primary industry, and provides ‘incubator’ opportunities for a number of small-scale farmers.

 

The key to the rural activity precinct uses is to ensure that they have, and maintain, an essential association with existing agricultural/ primary production activities undertaken within the Farming Precinct.  In that way, those uses will remain consistent with the zone objectives.

 

Land Use Conflict Potential

Land adjoining to the north is actively farmed primarily for macadamias and cattle.  The farmers have expressed concerns that the high levels of visitation at The Farm impact on their ability to continue farming the land, associated with:

·    Noise, particularly from events;

·    Potential for complaints associated with ordinary farming activities, such as spray drift;

·    Potential for run-off from the wastewater disposal fields into their land;

·    Potential to impact on the farmers’ ability to continue to successfully implement their biosecurity management plans actions; and

·    Trespass and unwanted interactions with visitors to The Farm.

 

The potential for conflict arises partly from the scale of the land uses at The Farm and partly because the boundary between the two properties is currently very ‘open’.

 

The proponents at The Farm are preparing a Land Use Conflict Risk Assessment (LUCRA) examining these issues.  The LUCRA is likely to recommend that appropriately planted buffers be established within The Farm property.  These buffers will assist to mitigate many of the current concerns, for example, providing a ‘barrier’ to prevent spray drift crossing into The Farm active areas and minimising wind-borne weed seeds and the like from passing from The Farm site.

 

During the planning proposal process the potential conflict issues will be examined in more detail, to identify practical measures that can be implemented to further protect the adjoining land owners.

 

Scale of Rural Activity Uses

There are existing conditions of approval relating to the restaurant use, which was approved with 90 seats, to limit scale.  The suggested draft additional permitted uses clause (above) contains further provisions aimed at restricting scale.  The primary aim is to ensure that the rural activity uses remain subordinate to the farming uses.

 

Options to Move Forward

There are a number of options open to Council on this matter:

1.    Proceed to a Gateway determination with the attached planning proposal (Attachment 1).

2.    Amend the planning proposal and proceed to a Gateway determination.

3.    Not proceed with the planning proposal.

 

Conclusion

The planning proposal attached to this report is consistent with State policies and directions and the North Coast Regional Plan.  It has sufficient merit to be supported.

 

Supporting the planning proposal at this stage will start the process of detailed assessment and consideration.  As outlined below, that process will include further consultation, including continuation of direct dialogue with neighbours and land owners in the Ewingsdale locality and wider community engagement.

 

Further information and specialist reports will be required and considered prior to exhibition, building on the material previously submitted.  This will include:

·    Economic assessment;

·    Social assessment;

·    Land Use Conflict assessment;

·    Traffic analysis; and

·    Wastewater assessment.

 

Financial Implications

 

In accordance with the previous resolution of Council, the planning proposal is being prepared at the applicants’ expense.  A Cost and Expenses Agreement has been executed and payment has been received for the first stage of this work, which leads up to receipt of the gateway determination.

 

If Council chooses not to proceed, a refund will be provided to the applicants for the costs not spent to date.

 

Statutory and Policy Compliance Implications

 

The relevant policy considerations are addressed above and in the attached planning proposal.

 

Community consultation and engagement Implications

 

As highlighted above, land owner and community engagement will continue to be an important component of this planning proposal process.  Engagement activities to date have included:

·    Site meetings and discussions with The Farm management, with both Councillors and staff;

·    On-site meetings with the adjoining farmers / land owners;

·    Discussions with local Ewingsdale residents.

 

In addition to any consultation requirements that may come with a gateway determination, staff also proposes:

·    Dialogue and meetings with The Farm management and their representatives to ensure that Council’s objectives continue to be clearly communicated and understood;

·    Provision of supporting reports etc. to adjoining farmers and meetings with those land owners (at their farm) to ensure Council continues to understand and respond to their issues of concern;

·    Attendance at meetings of the Ewingsdale Progress Association to keep members informed throughout the process and ensure that Council staff and Councillors remain aware of local issues and concerns; and

·    Wider consultation with the Byron community.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.8

 

 

Report No. 13.8           Emissions Reduction Strategy

Directorate:                 Sustainable Environment and Economy

Report Author:           Sharyn French, Manager Environmental and Economic Planning

File No:                        I2017/1824

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Council resolved (Res. 17-086) to commit to achieving a 100% net Zero Emissions Target by 2025 in collaboration with Zero Emissions Byron and to source 100% of its energy through renewable energy within 10 years.

 

To provide a framework to achieve this target an Emissions Reduction Strategy (Strategy) is being developed. The Strategy will replace the existing Low Carbon Strategy, report on emission reductions actions undertaken in the last year and outline the necessary actions needed to achieve the zero net emissions target by 2025/26.

 

To align with Zero Emission Byron, a base line of 2015/16 and a target year of 2025/26 were assigned for Council’s emissions profile. The National Greenhouse and Energy Reporting (NGER) methodology has been used to monitor and report on Council’s emissions.  Zero Emissions Byron has advised that the NGER methodology will be compatible with their emissions profiling of the Byron Shire community.  This is the subject of another report titled ‘Byron Shire Council’s Emissions Reporting 2015/16 and 2016/17’ to this Council meeting.

 

This report provides an update on the project scope, milestones and dates for the preparation of Council’s Emissions Reduction Strategy.

 

  

 

RECOMMENDATION:

That Council note this report.

 

 

 

 


 

Report

 

Council considered a report at the Ordinary Meeting 23 March 2017 on Council’s Low Carbon Target.  This report provided:

 

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

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

 

The report also acknowledged the need for a further report to Council with regard to a ‘Zero Emissions’ Strategy including a revised target and baseline aspiration aligned with Zero Emissions Byron for Council, with options for community consultation.

 

Council resolved (Res. 17-086) at the 23 March 2017 meeting:

 

1.  That Council note the 2014/15 and 2015/16 greenhouse gas emission status;

 

2.  That Council note the progress of completed actions from the Low Carbon Strategy.

 

3. That Council commits to achieving a 100% net Zero Emissions Target by 2025 in collaboration with Zero Emissions Byron (ZEB).

 

4. That, as such, Council congratulates the community for its efforts thus far to realise the employment, national leadership and sustainability benefits that come from the commitment to a zero emissions future

 

5. That Council commit itself to source 100% of its energy through renewable energy within 10 years.

 

6. That Council supports the goals of Zero Emission Byron for a net zero emissions Shire in the areas of building, energy, land use, transport and waste.

 

7. That, to support the Sustainability Team, a two day a week Emissions Reduction role be established to lead the project and liaise with ZEB.

 

8. That to support the realisation of this goal in these sectors, Council provide for both Council and the community:

 

i.  Within Council’s upcoming Waste Strategy, a waste emissions reduction plan provided

ii. Within Councils upcoming Transport Strategy, a transport emission reduction modelling report be provided

iii. Within Council’s upcoming Rural Land Use Strategy, a land use emission reduction modelling report be provided

iv. a more detailed 100% Renewable Energy Plan be commissioned and provided

v. a Building Emissions Reduction Plan be commissioned and provided 

 

Resolution 17-086 includes two specific targets:

 

Target 1 – 100% Net Zero Emissions by 2025 in collaboration with Zero Emissions Byron.

Target 2 – Council commit itself to source 100% of its energy through renewable energy within 10 years.

Both these targets are ambitious and will require a considerable effort by Council to deliver the target by the due date.

 

In recognition of the above, the Sustainability Team structure and resourcing, has now been reviewed and the Sustainability Emissions Reduction Officer (item 7 of Res. 17-086), which commenced on the 27 November 2017 has been expanded to 5 days a week.

 

Further to Resolution 17-086, a report was presented to the Executive Team at the 2 August 2017 meeting which considered the delivery of the 100% Emissions Reduction Strategy. The Executive Team endorsed the following:

 

1.  NGER is to be used as the methodology for Council’s carbon accounting for achieving the zero emission reduction target.

 

2.  Emissions are capped and that a new reporting method be developed to disclose emissions impact.

 

3.  The Staff Working Group to further consider the issues and actions raised in this report including consideration of resourcing and workload related issues in delivering the preferred outcomes.

 

4.  The Staff Working Group to report progress back to next SIWG meeting.

 

5.  DSEE to be the lead in pursuing and reporting on ZEB initiatives on behalf of Council.

 

National Greenhouse and Energy Reporting (NGER) methodology and capping emissions

 

In relation to items 1 and 2 above , a separate report to this Council meeting titled ‘Byron Shire Council’s Emissions Reporting 2015/16 and 2016/17’  details the NGER methodology and to align with the Zero Emission Byron (ZEB) ambition, a base line of 2015/16 and a target year of 2025/26 has been adopted. 

 

Change to reporting to include Emissions Impact

 

In relation to item 2 above, to prepare for the implementation of a zero net target Council’s Executive Team endorsed a change of format to both internal and Council reports to include an “Emissions Impact” statement. This will enable Council and the Executive Team to understand the positive or negative emissions impact of each decision and design efficiencies or offsets into the outcome and essentially “cap” emissions from growth or expansion of Council services.  Format changes to reports are expected to be implemented in early 2018. 

 

Emissions Reduction Strategy

 

To prepare the Emissions Reduction Strategy as envisaged by Resolution 17-086 a staged project plan has been scoped.

 

The Emissions Reduction Strategy will detail the actions and targets that Council will be committing to in order to reduce the emissions from its operations. It will have a new target which extends the current Low Carbon Strategy from a 30% target to a net zero target by 2025. To do this it will establish a new 2015/16 baseline as detailed in the separate report to this Council meeting.

 

Further the strategy will also acknowledge the need for Council to source 100% of its electricity from renewable energy by 2027. There are a number of project milestones necessary to achieve this, refer to Table 1.

 

Table 1: Emission Reduction Strategy project delivery milestones

Project Stage

Milestone

Status

Project Milestone dates

Next Steps

Stage 1 Recalculation of Baseline Emissions

Update Baseline to include Landfill, STP Fugitive Emissions and Bottled Gas

Planning - Complete

October - December 2017

 

Sewage treatment plant fugitive emission calculations required using the NGER methodology.

This is proposed to be outsourced for use in subsequent reporting years.

Finalisation

14 December 2017 Council Meeting – report titled ‘Byron Shire Council’s Emissions Reporting 2015/16 and 2016/17’ 

Stage 2 Capping Emissions and New Reporting

Cap emissions

Initiation

December 2017

Internal working group SEE and CCS staff to meet.

Develop a new reporting tool that considers emissions impact on each project

Planning

January 2018

Reporting template for carbon calculations and staff user guide to be developed

Finalisation

March 2018

Reporting method roll out and staff training.

Stage 3 Shire Wide Emissions Reduction Strategy

 

Initiation

December 2017

Once the new baseline is established it will be possible to calculate what is needed to meet the Net Zero Emissions target by 2025.

 

Planning

November 2017 – June 2018

New Sustainability Emissions Reduction Officer to progress work on the Strategy - Council actions, projects in consultation with council staff, councillors, ZEB and the community. **

 

Finalisation

June 2018

Strategy adopted by Council.

 

**Council’s new Sustainability Emissions Reduction Officer commenced on 27 November 2017. A more detailed project plan will be developed then and include details of stakeholder engagement.

 

Significant Energy Projects Already Underway (BE19 & SIWG)

 

Council has been implementing a range of emission saving actions for over a decade.  Throughout 2017 a number of significant energy projects have gained momentum building on years of research and smaller projects strategically undertaken in the Byron Shire. Below is a snapshot of the current leading projects. These and other projects, to be identified in the Emissions Reduction Strategy, support Council’s commitment to the two targets: Target 1 – 100% Net Zero Emissions by 2025 in collaboration with Zero Emissions Byron and Target 2to source 100% of Council’s energy through renewable energy within 10 years.

 

Table 2: Current Leading Significant Energy Projects

Project

Description

Bio Energy Pre-Feasibility Study

(Potential locations)

Bio solids from Council’s STP’s and organic waste from the curb side green bin collection has been identified as significant enough to run a bio energy facility in the Byron Shire.

 

A pre-feasibility study is currently investigating the possibility of two small facilities at Brunswick Valley STP and West Byron STP, with Bangalow STP has been identified as a feed stock location.

 

Brunswick Valley – Sustainability Centre

(Valances Road)

A comprehensive management plan has been prepared for the entire Council owned land parcel which includes ground mounted solar and potential for a bio energy facility.

 

Resolution 17-459:

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.

 

A first phase expression of interest is currently under preparation to seek responses from industry on what technology is available that would suit the outcomes sought for this site in terms of sustainability and renewable energy outcomes. This is likely to go out to market early 2018.

 

Dingo Lane – Large Scale Solar

A site feasibility assessment is underway for a 5 MW ground mounted solar farm on Council owned land in Dingo Lane, Myocum.

 

Mullumbimby EV Charge Station and Solar Covered Car Park

A preliminary cost benefit analysis is underway to construct a solar covered car park adjacent to the administration centre to power the administration centre and two EV charge stations.

 

Mullumbimby Mini Hydro

COREM in partnership with Council is investigating recommissioning the Mullumbimby micro hydro power station.

 

Local Electricity Trading

Council is currently running a procurement process for renewing its electricity contract in collaboration with Lismore City Council. Included as one element of this process is a request for the prospective retailer to provide Local Electricity Trading between Council assets. This will be a first for local government in Australia if successful. The Cavanbah Centre and West Byron STP have been identified as a potential pilot site for LET to occur.

 

 

Offsets

 

Council will need to consider the various options for emissions offsetting to reach the zero emissions target by 2025/26. This can be done either via a third party (eg. Carbon Neutral Australia) in Australia or overseas or by Council’s own projects in the Byron Shire. Typical offset projects could be tree planting to sequest carbon or renewable energy projects to offset coal fired energy used from the grid. If carbon sequesting tree plantings are done well they can also have added biodiversity outcomes and renewable energy projects can become an additional source of income. 

 

Current costs of gold standard certified carbon credits from a biodiversity focused project in WA that “Carbon Neutral” offer is approximately $14/tonne. This is a many thousand hectare project in WA in a semi arid climate. The cost of delivering a similar project in Byron Shire’s subtropical environment with high land values and higher rainfall is unknown. The cost of carbon offset varies greatly for renewable energy projects depending on the technology. An indicative cost of purchasing certified Greenpower from the grid is an extra $0.08/kWh on top of the normal charges. At this rate cost of emissions offset is equal to $96/tonne. These are two examples at either end of the spectrum of offset options and costs. Council’s options in this regard will be further detailed in the Emissions Reduction Strategy. 

 

Financial Implications

 

Council has allocated funds in the 2017/18 budget to prepare the Emissions Reduction Strategy.

 

Statutory and Policy Compliance Implications

 

Nil


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.9

 

 

Report No. 13.9           Broken Head Reserve and Seven Mile Beach Road Management Issues

Directorate:                 Sustainable Environment and Economy

Report Author:           Shannon Burt, Director Sustainable Environment and Economy

Phillip Holloway, Director Infrastructure Services

File No:                        I2017/1839

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

The purpose of this report is to advise Council of the current amenity, environment and anti social behaviours like fires and littering impacting the residents and environs of the Broken Head Reserve area and its beaches; and status of a current Action Plan developed by Council, State agencies, Police and resident to address these issues.

 

  

 

RECOMMENDATION:

1.       That Council note the report and the Actions that are currently being implemented by staff, State agencies, Police and residents to address the management issues in the Broken Head Reserve area and its beaches.

 

2.       That Council endorse the Action Plan for wider community consultation.

 

3.       That the provision of a budget of $20,000 for concept infrastructure planning investigations and surveys for road upgrades and investigation of traffic calming options be considered as part of the December 2017 Infrastructure Services Financial Quarterly Review.

 

4.       That a further report is presented to Council early 2018 on this consultation and any other management issues that arise over the summer holiday period.

 

Attachments:

 

1        Various Letters of Support, E2017/109798

 

 


 

Report

 

Active discussions have been occurring since 2016 between the Mayor with Council staff, representatives from the Police, National Parks and Wildlife Service, Rural Fire Service and local residents of Seven Mile Beach about the ongoing traffic congestion, speed and dust nuisance, illegal parking, illegal camping and other anti social behaviours like littering and fires occurring in the Broken Head Reserve area, its beaches and environs.  This weekly occurrence is having an ongoing adverse impact on the amenity of residents.

 

Photos below show typical weekly occurrences -

 

 

 

 

 


 

 

 

Council staff have been proactively attending to these issues for some time. However, there appears to have been a steady increase in incidents reported over the last year particularly weekends and during school holidays. This can be related to the tourism posts on social media and other online platforms recommending this area as an unspoilt tourist destination.

 

In recent weeks following discussions with some of the local residents of Seven Mile Beach, Council installed a number of parking sign restrictions along the road and also placed large rocks at the end of Seven Mile Beach Road to deter and disrupt current behaviours of those visitors that park and camp in areas that they should not. Patrols by Council’s Enforcement staff have also been increased resulting in many infringements being issued. These actions have received mixed responses from residents and community alike; and proven to be only somewhat successful for short periods of time. 

 

https://www.northernstar.com.au/news/132-no-stopping-signs-wipe-out-beachfront-parking/3231807/

 

Staff are finding however, that the undesirable behaviours return not long after a blitz, signs are vandalised or removed, and visitors park and camp illegally irrespective of fines. As such the ongoing need to respond to complaints received from residents is becoming resource intensive for both the Enforcement and Infrastructure Planning teams of Council, exacerbated further by the current state of play with other State agencies and Police resourcing, leaving Council often as the only response available during the busy times.

 

As such, the need for a more strategic approach to how this area is managed to protect resident’s amenity and this highly sensitive biodiverse environment is needed now.

 

As stated earlier an Action Plan was recently agreed to by a working group of Council staff, State agency and Police representatives and local residents to address these issues.

 

The details of the Action Plan are provided below. The status of each of the items in the Action Plan is also recorded.

 

ISSUE – CAR PARKING

 

Map out relevant jurisdictions of Seven Mile Beach Road car parks. Investigate options for future management of the car parks.

 

Action 1: Identify by way of a detailed survey the location of Brays Beach and Whites Beach car parks.

Response: Council has engaged the services of a registered surveyor to carry out a survey and provide Council with a detailed survey plan.

 

Action 2: Investigate various management options for both car parks including closure, limited access or pay parking.

Response: Car park management plan to be drafted after detailed survey plan is received by Council. As of the date of this report Council was yet to receive the plan.

 

Action 3: Seek community and agency feedback on the car park management plan.

Response: Car park management plan to be drafted after detailed survey plan is received by Council. As of the date of this report Council was yet to receive the plan.

 

ISSUE - DELEGATIONS AND FUNCTIONS OF COUNCIL OFFICERS

 

Delegations and functions of Council officers.

 

Action 4: Council to write to NPWS and request delegations for Council officers as honorary rangers under Section 17 of the National Parks and Wildlife Act.

Response: Letter to NPWS was sent on 6 November 2017 as of the date of drafting this report Council had not received a response.

 

Action 5: Council to write to NSW Police and request delegations for Council staff to give move on directions under Section 680A of the Local Government Act.

Response: Letter to NSW Police was sent on 6 November 2017 as of the date of drafting this report Council had not received a response.

 

ISSUE – UNAUTHORISED ACTIVITIES

 

Unauthorised activities at the end of Seven Mile Beach Road including camping, vandalism and lighting of fires.

 

Action 6: Explore the option to install a gate and turning circle about 130 metres north of the existing turning circle at the southern end of Seven Mile Beach Road. This section of Seven Mile Beach Road is located on a Council Managed Crown Reserve. Consider the ability to install and cost of the gate and creating a new turning circle.

Response: The installation of a closed gate across a public road is dealt with under the Roads Act 1993 Division 1 General Powers, clauses 114 and 115 and Division 2 clauses 116, 117,118 and 119. It appears that Council does not have delegation to install a gate and only the RMS has the delegation. There is a process to be undertaken, detailing the reason why Council is proposing the installation, advertisement of the proposal and invitation of submissions to the RMS, who are the ultimate decision makers for the application by Council’s. This request needs to be further investigated by staff in conjunction with our legal staff, RMS and Crown Lands, who have the Crown reserve / road nearby.

 

More investigation and liaison with RMS and Crown Lands is required and more details will be provided in the report to Council in early 2018.

 

Further a review of signage is also to be undertaken to ensure that a clear and consistent message is provided to the visitors about permitted activities and acceptable standards of use of this area.

 

Action 7: Carry out community and agency consultation in relation to the proposal.

Response: This will be subject to a resolution of Council to endorse the approach.

 

ISSUE - SEVEN MILE BEACH ROAD TRAFFIC

 

Seven Mile Beach Road traffic management to reduce immediate traffic risks and control traffic.

 

Action 8: Investigate and prepare a plan for traffic calming along Seven Mile Beach Road, including the installation of pinch points to regulate traffic. Work carried out in accordance with Section 115(2)(d) of the Roads Act, including pinch points and new signage.

Response: Subject to a resolution from Council, staff will prepare options for traffic calming including recommendation that can be considered by the Local Traffic Committee (LTC). A budget is required for this investigation work as Infrastructure Planning staff are project based and must cost their time to funded projects.

 

Seven Mile Beach Road is approximately 5.22km long and is unsealed for 4.8km and there is a small sealed section of 0.42km near house 248. A very approximate cost to upgrade the unsealed 4.8km section would range from $2.4M to $3.1M. This needs to be investigated further by a concept design and cost estimate. If this is something Council could do in stages then detailed design, environmental assessment and site testing would need to be undertaken before construction could commence.

 

A request for speed humps along Seven Mile Rad was considered but not endorsed by the LTC at their meeting on 25 November 2015 and this recommendation was resolved by Council at its meeting on 10 December 2015

 

Council at the meeting on 10 December 2015 did however resolve to install No Stopping signs along the length of Seven Mile Beach Road, from the end of current signage to near entrance #142 where appropriate (eg limited road width and restricted sight lines), ask the Local Traffic Committee to endorse that signage prior to implementation and install advisory signage on Seven Mile Beach Road as appropriate. This effectively restricts no stopping along the full length of this road.

 

Action 9: Draft a road sharing plan of Seven Mile Beach Road in accordance with relevant engineering standards.

Response: The issue of a shared zone had been considered by the Local Traffic Committee at its meeting on 19 September 2017 and was not recommended. The LTC recommendations were resolved by Council at its meeting on 2 November 2017.  The key issue for a shared zone is compliance with the warrants/guidelines and this is problematic in this location. 

 

Traffic counts were undertaken between 4 and 14 March 2017, which is outside NSW and QLD school holidays and Easter 2017. A total of 2,673 vehicles travelled along the road in this period with an average of 410 vehicles each Saturday and Sunday and an average of 165 vehicles each day between Monday to Friday.

 

Further traffic counts are planned from 30 November 2017 to 2 February 2018 to assist in determining an appropriate solution/recommendation.

 

Action 10: Carry out community and agency consultation in relation to the above proposals.

Response: This will be subject to a resolution of Council to endorse the approach.

 

ISSUE – KINGS BEACH CAR PARK (NPWS)

 

Action 11: Plan of management in draft since 2012. Residents and Council to write to the Minister requesting closure of Kings Beach car park and imposing time restrictions in Kings Beach Car Park to be explored in interim.

Response: NPWS has installed new signs at Kings Beach and is following up on the Broken Head Nature Reserve draft plan of management.

 

ISSUE – COMMUNICATIONS STRATEGY

 

Action 12: Creation of a neighbourhood watch program.

Response: Residents to implement this task with Council support for signage.

 

Action 13: Creation of an online process for residents to report unauthorised activities on Seven Mile Beach Road.

Response: The mail box has been created and Council has notified residents accordingly.

 

ISSUE: VANDALISM AND UNAUTHORISED ACTIVITIES ON SEVEN MILE BEACH RAOD

 

Action 14: Installation of covert surveillance cameras to address vandalism of signage and unauthorised activities.

Response: Covert surveillance cameras have been purchased and are being trialled at Seven Mile Beach Road. Council is currently preparing a prosecution case for alleged unauthorised access to the beach by a 4wd vehicle on 22 November 2017.

 

Following on from the most recent working group meeting a number of letters have been received from local residents about the need to be proactive to address the impacts that visitors to the reserve and beaches are having on amenity and environment.  These are attached.

 

The need now exists for this Action Plan to be formally endorsed by Council for wider community and agency consultation.

 

Financial Implications

 

Specific items in the Action Plan need to be costed and if necessary a budget allocation made.

 

To undertake concept infrastructure planning investigations and surveys for road upgrades and investigation of traffic calming options a budget of say $20,000 will be required as Infrastructure Planning staff are project based and must cost their time to funded projects. There are no obvious sources of funds for this budget and its provision should be considered as part of the December 2017 Infrastructure Services Financial Quarterly Review.

 

Residents have made a request for additional Council resources in the form of a full time ‘enforcement officer’ dedicated to patrolling Seven Mile Beach Road only.

 

Wages for a Community Enforcement Officer (not including on costs) are as follows.

 

Full time grade 6/8: $67,953 to $78,734 (not including penalty rates)

 

Part time grade 6/8 (weekends only): $61,157 to $70,861 (including penalty rates).

 

On costs for the above positions are calculated at 32.12% of the overall salary and are not included in the calculations.

 

Penalty rates have not been calculated in the full time position estimate, because this position would need to be incorporated into the existing roster.   

 

In addition to the above estimates Council would require an additional 4wd vehicle, infringement device, body worn camera and communications.

 

If Council were to consider deployment of additional resources at Seven Mile Beach Road it would be more cost effective to employ a full time position to be added to the normal roster and carry out patrols in accordance with a customer service agreement between Council and local residents. 

 

Notwithstanding the above, the enforcement team roster is being proactively managed for the summer period to deal with the many hots spots and issues across the Shire as a whole including the best ways to ensure coverage at the right times and right numbers (WHS) in this locality. 

 

Statutory and Policy Compliance Implications

 

On the 7 November 2017 Council wrote to the Police requesting delegations to give move-on directions under Section 680A of the Local Government Act.

 

On 7 November 2017 Council also wrote to the Office of Environment and Heritage requesting delegations to issue penalty infringement notices under the National Parks and Wildlife Act. Council is yet to receive a response from both authorities.

 

Between 28 November 2015 and 28 November 2016 Council issued 328 penalty infringement notices at Seven Mile Beach Road.

 

Between 28 November 2016 and 28 November 2017 Council issued 747 penalty infringement notices at Seven Mile Beach Road. The statistics for that period are shown in the table below.

 

OFFENCE

 

NUMBER OF FINES

TOTAL VALUE

Disobey No Stopping Sign

406

$23,142

Not Parallel Park In Direction of Travel

177

$19,470

Park So As To Obstruct Vehicle/Pedestrians

135

$14,850

Camping Related Fines (including littering)

29

$3190

Total Fines Issued

747

$60,652

 

In response to complaints from local residents in 2017 there has been a 227% increase in penalty infringement notices issued by Council in comparison with the number of fines issued in the previous 12 month period (28 November 2015 to 28 November 2016).

 

The installation of a closed gate across a public road is dealt with under the Roads Act 1993 Division 1 General Powers, clauses 114 and 115 and Division 2 clauses 116, 117,118 and 119. The process to undertake this needs to be investigated further as the ultimate decision is with the RMS not Council and there may be nearby Crown reserve / road impacted by any proposal.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.10

 

 

Report No. 13.10         Approval to Operate a Caravan and Camping Ground application under section 68 of the Local Government Act 1993 and Regulations 2005 for Ferry Reserve Holiday Park

Directorate:                 Sustainable Environment and Economy

Report Author:           Shannon Burt, Director Sustainable Environment and Economy

Stephen McCarthy, Building Certifier

File No:                        I2017/1889

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

Council considered Notice of Motion 9.1 at the Ordinary meeting of 25 May 2017, and resolved to receive Approval to Operate (ATO) a Caravan and Camping Ground applications under section 68 of the Local Government Act 1993 and Regulations 2005 for Ferry Reserve and Massy Greene Holiday Parks subject to the conditions contained in Resolution 17-184.

 

ATO applications were lodged on 6 November 2017 for each Park respectively and have now been assessed by staff.

 

The ATO application for Ferry Reserve Holiday Park is recommended for approval subject to conditions.

 

  

 

RECOMMENDATION:

That Council grant approval under Chapter 7 of the Local Government Act, 1993 and the Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulations 1995 to operate a caravan park or camping ground on the property known as the Ferry Reserve Holiday park subject to the conditions in the Staff Compliance Assessment Report (Attachment 4 E2017/108747).

 

Attachments:

 

1        Site particulars - Approval to Operate a Caravan & Camping Ground, E2017/110977

2        Community Plan, E2017/110730

3        Proposed Concept Plan - Ferry Reserve Holiday Park, E2017/110692

4        Staff Compliance Assessment Report, E2017/108747

5        Schedule of Compliance Works and Activities, E2017/110961

 

 


 

Report

 

Council considered Notice of Motion 9.1 at the Ordinary meeting of 25 May 2017, and resolved as follows:

 

17-184

Resolved that Council:

 

1.       Notes the following Concept Plans for the purposes of the public exhibition of the Crown Reserve Plans of Management;

 

a)    Revised Concept Plan for Ferry Reserve Holiday Park as shown at Attachment 1.

b)    Revised Concept Plan for Massy Greene Holiday Parks as shown at Attachment 2.

 

2.       a)   Supports NSWCHPT in seeking Ministerial approval to exhibit the proposed changes to the PoM for Ferry Reserve as per 1a hereof and it notes that it shows proposed road layout, formalised public access to the Boat Ramp and 10 meter setback from the Brunswick River.

         

b)    Supports NSWCHPT in seeking Ministerial approval to exhibit the proposed changes to the PoM for Massy Green as per 1b hereof and notes that it shows proposed road layout, formalised public car parking, open public space in lot 7005 including a children's play area and public access to light craft ramp and 10 meter setback from the Brunswick River.

 

3.       a)   Impose a condition on any Approval to Operate issued by Council in respect of the applications in 1a and 1b that the operation of the caravan park/camping ground and any building or work associated with its operation must comply with all applicable standards imposed by the Local Government (Manufacture Home Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2005, and;

 

b)   where there is any non-compliance with the Local Government (Manufacture Home Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2005 NSWCHPT commit to doing all acts and things necessary to resolve the non-compliance issues as part of the development and works programme of the relevant Holiday Park in accordance with the timing schedule and staging plan known as SCHEDULE OF COMPLIANCE WORKS AND ACTIVITIES which will form part of the Approval to Operate.

 

4.       In order to enable the development and works program set out in the SCHEDULE OF COMPLIANCE WORKS AND ACTIVITIES as per 3b and included as a condition in any Approval to Operate, the Approval to Operate  be issued for a period of three (3) years.

 

5.       Defer consideration of the Revised Concept Plan for Terrace Reserve Holiday Park until the June Ordinary meeting and schedule in early June a further workshop with representatives from the NSWCHP Trust, Council, Long Term Park Residents and the Community to consider the two (2) Revised Concept Plan options presented to the Councillor Strategic Planning Workshop on 11 May 2017 and working together to negotiate a suitable park design that:-

 

a)    achieves compliance with the Local Government (Manufacture Home Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2005, and

b)    recognises the historical public significance of cypress pines area

b)   provides a suitable setback of 10 meters from the Brunswick River to allow public access (includes the Trust continuing to negotiate with park residents to achieve the 10 meter setbacks adhered to in other areas of the Brunswick foreshore), and

d)   provides a design which includes a vegetation plan of management which will at protect the foreshore and Cyprus Pines.       

 

Approval to Operate applications under section 68 of the Local Government Act 1993 and Regulations 2005 for Ferry Reserve and Massy Greene Holiday Parks were lodged on 6 November 2017 for each Park respectively, including site particulars, a community map, fire certificate, revised concept plan and compliance schedule.

 

Attachment 4 is the staff compliance assessment report for the Ferry Reserve Holiday Park. This report ensures that the ATO application satisfies the requirements of the resolution and the relevant Act and Regulations for the operation of a caravan park, and where this is not the case proposes suitable conditions of approval for this to occur within a specified time period.

 

The ATO application for Ferry Reserve Holiday Park is recommended for approval subject to conditions.

 

The conditions imposed are those of a standard nature and or those discussed with the NSWHPT.

 

Financial Implications

 

N/A

 

Statutory and Policy Compliance Implications

 

The operation of caravan parks and camping grounds require Approval to Operate (ATO) under Section 68 (Part F2) of the Local Government Act 1993. Applications are lodged by the land owner to continue the operation of caravan park and camping ground activities and application fees are paid in accordance with Councils’ adopted fees and charges.

 

The process of assessing and determining ATO applications is regulated under Chapter 7 Part 1 of the Local Government Act 1993. Part of the consideration of such applications involves the auditing of compliance with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (“the Regulation”).

 

Once it had been determined that the application represented the actual site activities, and satisfies the requirements of the Regulation, then an ATO approval is granted. Once an approval has been issued council may determine to extend or renew an approval (but without changing the terms of the approval) if satisfied there is good cause for doing so.

 

The relevant sections of the Local Government Act have been reproduced below:

 

LOCAL GOVERNMENT ACT 1993

 

72 Determination of applications by the Crown

 

(1)     A council, in respect of an application for approval made by the Crown or a person prescribed by the regulations, must not:

(a)     refuse to grant approval, except with the written consent of the Minister, or

(b)     impose a condition of an approval, except with the written consent of the Minister or the applicant.

 

(2)     If the council proposes to refuse to grant approval or to impose a condition of approval, it must immediately notify the applicant.

 

(3)     After the applicant is so notified, the council must submit to the Minister:

(a)     a copy of the application for approval, and

(b)     details of its proposed determination of the application, and

(c)     the reasons for the proposed determination, and

(d)     any relevant reports of another public authority.

 

(4)     The applicant may refer the application to the Minister whether or not the council complies with subsection (3).

 

(5)     After receiving the application from the council or the applicant, the Minister must notify the council and the applicant of:

(a)     the Minister’s consent to the refusal of approval, or

(b)     the Minister’s consent to the imposition of the council’s proposed conditions, or

(c)     the Minister’s intention not to agree with the council’s proposed refusal and the period within which the council may submit any conditions it wishes to impose as conditions of approval, or

(d)     the Minister’s refusal to agree with the council’s proposed conditions and any conditions to which the Minister’s consent may be assumed.

 

(6)     At the end of the period specified in subsection (5) (c), the Minister must notify the council and the applicant:

(a)     whether the Minister consents to the imposition of any of the conditions submitted by the council during that period and, if so, which conditions, or

(b)     of the conditions to which the Minister’s consent may be assumed.

 

(7)     The Minister must notify the council and the applicant of the reasons for a decision under subsection (5) or (6).

 

(8)     If the council does not determine the application within the period notified by the Minister for the purpose, the council is taken, on the expiration of that period, to have determined the application in accordance with the Minister’s consent.

 

73   Effect of council’s failure to determine Crown application

 

(1)     If the council does not determine an application to which section 72 applies within the relevant period specified in section 105, the council is taken, on the expiration of that period, to have refused the application.

 

(2)     If the application is taken to have been refused, the applicant may refer the application to the Minister for determination.

 

(3)     The Minister may determine an application so referred to the Minister.

 

(4)     The Minister’s determination has effect as if it were a determination of the council.

 

74 Prohibition on appeals concerning Crown applications

No review or appeal lies against a determination that the council is taken to have made under section 72 (8) or a decision or determination of the Minister under section 72 or 73.

 

105 Circumstances in which approval is taken to have been refused

 

(1)     If the council has not determined an application:

(a)     within the period of 40 days after the application is lodged with it, except as provided by paragraph (b), or

 

(b)     within the period of 80 days after the application is lodged with it in the case of an application for which the concurrence of a person or authority is required by or under this Act, the council is, for the purposes only of section 176, taken to have determined the application by refusing approval on the date on which that period expires.

 

(2)     Nothing in subsection (1) prevents the council from determining an application after the expiration of the 40-day or 80-day period, whether on a review under section 100 or otherwise.

 

(3)     A determination under subsection (2) does not prejudice or affect the continuance or determination of an appeal made under section 176 in respect of a determination that is taken under subsection (1) to have been made, subject to subsection (4).

 

(4)     Where a determination under subsection (2) is made by granting approval, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 176 in respect of a determination that is taken by subsection (1) to have been made, withdrawn at any time before the appeal is determined.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Report No. 13.11         Update on affordable housing partnership models

Directorate:                 Corporate and Community Services

Report Author:           Anna Vinfield, Manager Corporate Services

Christopher Soulsby, Development Planning Officer S94 & S64

File No:                        I2017/1896

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

At its extraordinary meeting of 2 November, Council resolved for a report to be tabled at its December meeting providing a framework to support partnerships based on providing affordable housing outcomes (RES 17-535).

 

This report provides an update on potential models being explored to address affordable housing noting that a workshop will be held with councillors in early 2018 on the principles and business analysis.

 

 

  

 

RECOMMENDATION:

That Council:

 

1.       Note the potential frameworks being developed to support affordable housing partnerships.

 

2.       Request a workshop be held in early 2018 to develop key principles for affordable housing models.

 

 

 

 


 

Report

 

At its extraordinary meeting of 2 November, Council received a notice of motion from Cr Ndiaye on affordable housing.  Council resolved for a report to be tabled at its December meeting providing a framework to support partnerships based on providing affordable housing outcomes (RES 17-535):

 

17-535 Resolved that Council:

1.   Tables an affordable housing addendum to its Supporting Partnerships Policy, focused on providing a clear framework to support partnerships based on providing affordable housing outcomes.

2.   Provides a report to Council’s December Ordinary meeting that:

i.    identifies preferred coordinating entities, structures and delivery arrangements which can deliver on Council’s intent in a coordinated way, that is flexible enough to adapt to the varying affordability needs of our community.

ii.    identifies ways to harness a range of community, private and Government resources and ensuring that benefits are retained for the community and that the principles of public accountability, community partnership, affordability in perpetuity and sustainability are embedded in the arrangement

This report provides an update on potential models being explored to address affordable housing noting that a workshop will be held with councillors in early 2018 on the principles and business analysis.

 

From the February 2017 housing summit, officers are working through how to address a number of issues such as:

 

·     homelessness

·     key worker housing

·     land availability

·     housing types and designers

 

Models & Approaches to Affordable Housing

 

The UK and America are leading the way with affordable housing models utilising Community Land Trusts and sophisticated laws that enable the separation of land and buildings and thus provide more affordable housing solutions. 

Across NSW there are various examples of models being used by local governments to address their specific affordable housing needs.  These include:

 

·     City of Port Phillip – Inkerman Oasis is an award-winning example of ‘Council as developer’, utilising a partnership (or PPP model).   However, more recently the City of Port Phillip has moved away from the Council as developer model and has moved into a ‘partnership’ model with Port Phillip Housing Association, as trustee of the Port Phillip Housing Trust. This is underpinned by a 10 year affordable housing strategy, In Our Backyard - Growing Affordable Housing in Port Phillip 2015 – 2025.  The strategy includes facilitating new community housing projects through property and cash contributions to local housing organisations, and advocating for an affordable housing planning mechanism that will incentivise private sector delivery of new affordable housing.

 

·     Waverley City Council - Waverley Affordable Housing Program (WAHP) provides good quality rental apartments at reduced rents. It targets low to moderate income households who are in full or part time work.  Waverley City Council owns the buildings that it rents out – these were predominantly purchased decades ago via S94 contributions.

There are a number of models and approaches that Council can consider when it comes to achieving more affordable housing for residents in the Byron Shire.

Officers are currently reviewing Council’s affordable housing policy and this will seek to provide a long-term strategy that sets out what affordable housing is and what Byron Shire Council’s role is in providing affordable housing, and to which vulnerable groups of people.  This will seek to be outcomes focussed.

It will also acknowledge the market forces that are impacting on Byron Shire’s housing issues, such as growing rates of tourism and the share economy (including AirBnB).

The following affordable housing models/approaches are based on Council’s commitment to retain strategically important Council-owned land. 

1.  Council as housing developer on Council-owned land
This model involves Council fully financing the development itself via grant funding, loans and/or impact investment.  Under this model, properties may be sold or rented at market-value to return recurrent revenue and recoup costs over long-term.

2.  Council entering into a partnership or PPP to build affordable housing
Under this model, Council provides the land, a developer provides the buildings. A deal is arranged regarding ownership and transfer of the properties to Council.  This could be a mixed-use development, enabling Council to rent or sell some properties at market rates.  Under this model, a range of other partnerships with community housing providers could be established. Example: City of Port Phillip created the award-winning Inkerman Oasis development in St Kilda East with a mix of private and integrated affordable housing.

3.  Council setting up and leading a Community Land Trust (CLT) in order to control the outcomes of housing built on council-owned or privately owned (or donated) land.  Council relies on the CLT to source finance or funding to either build affordable housing or work with community housing partners to source existing properties that can be purchased.

4.  Council being part of a CLT – but at arms length
Council as a ‘golden shareholder’ of the CLT.  Council allowing a partner or intermediary to run a housing or development project and deliver agreed affordable housing outcomes with an overseeing role provided to Council (from a risk management perspective).

5.  Council as both developer (either self-funded or via PPP) and then as manager of housing projects, without a CLT or intermediary, retaining full control of the management of affordable housing arrangements.

6.  Council offering a Modified Shared-Equity scheme on Council-owned land (either by developing housing itself or through a partnership).
Shared equity is where different parties share the ownership of the property and any house erected on the land.  In the case of shared equity offered by a private owner, for example a Council, one co-owner is the Council and the other co-owner is the resident. Another option is that a CLT offers modified shared equity, where one co-owner is the CLT and the other co-owner is the Resident.  The CLT might sell a specified portion of the value of the property to the Resident for an agreed price.  For example, a CLT may sell 50 percent of the equity and keep 50 percent.  Or the Resident’s proportion could be higher, or lower.  Each co-owner has the right to dispose of their interest by sale; however, an agreement can restrict terms of the sale so that the CLT has first option to buy, and the extent of capital gain on this.

7.  Long-term leases
Council provides existing or new Council-owned housing stock and develops an affordable housing program by providing a long-term lease to a partner (such as a Community Housing partner).  Providing longer term leases on Council-owned land enables a CLT to provide affordable long-term rental accommodation (because they are essentially renting out the building and not paying for the cost of the land).  An affordable rental model could target key workers, for example.  It could also provide community/social housing.

8.  A combination of any of the above.

While the above models involve retaining strategically important Council-owned land, opportunities may arise whereby the sale of land provides superior funding mechanism that returns a higher cost benefit ratio.  This may allow for increased spending on affordable housing projects and/or infrastructure over a longer time period.

Mechanisms

 

There will be a number of mechanisms needed to facilitate the implementation of the models described above.  These mechanisms will either secure land for affordable housing or defer some the up front capital costs of development.  Some of the mechanisms to be explored are:

 

1.  Value capture of increase in land value from rezoning. 
When land is up zoned, for example from rural to residential there is an unearned windfall gain to the land owner.  There are two ways in which this part of this gain could be captured to provide opportunities for affordable housing projects. 

 

i. A proportion of the total area of land is to be rezoned is to be dedicated to Council for the purposes of provision of affordable housing.  This would be set out in Planning Agreement entered into prior to the rezoning proceeding; or

ii.          A cash contribution to the provision of affordable housing, expressed as a percentage of the increase in land value due to the rezoning.  This would also required a Planning Agreement to be entered into prior to the rezoning proceeding.

 

2.  Deferment of the payment of developer contributions (section 94 and section 64) would be a mechanism to reduce the up front capital cost of setting up affordable housing.  It is not acceptable to simply waive these charges as the demands on the infrastructure created by the new population will still exist.  The current deferral mechanisms are not appropriate as they only allow deferral for a short time period to enable the release of a construction certificate and require security.  A new deferral option to allow for the deferred payment to be amortized over a 20 year time period with the payments made by the governing body of the affordable housing body.  A proportion of the rent or payments to the affordable housing provider by the occupiers are used to pay off the developer contributions. 

 

Supporting partnership guidelines

 

Draft guidelines are under development to provide a framework for Council to administer both unsolicited and solicited proposals. The guidelines will seek to ensure that transparency and accountability is achieved, provide consistency and certainty for proponents, and outline the information that will be made public.  As per Council’s policy, partnerships can only arise through an open market-based process. It is intended that all proposals will be initially assessed against Council’s community strategic plan objectives.  Detailed objectives and principles will be workshopped with Councillors at a future workshop.

 

Next steps

 

A workshop will be held with councillors in early 2018 on:

 

·   the principles for affordable housing

·   business analysis of different models – including cost benefit and potential risks

·   specifications for the financial data to be presented to enable Council to model the proposal

 

Financial Implications

 

There are a number of financial considerations to take into account when developing suitable models.  Officers have developed a business analysis tool which will be workshopped with Councillors at a future strategic planning workshop.

 

Statutory and Policy Compliance Implications

 

Council’s 2016-2020 Delivery Plan includes an action to ‘establish planning for and provision of inclusive and accessible housing that can meet the needs of our community.

 

Council’s 2016/17 Financial Sustainability Plan references the need for collaboration and partnerships and includes a section on development options for key land sites.

 

Council’s Affordable housing on Council Owned Land Policy (2009) is being reviewed.  The 2009 version includes the policy statement ‘When considering the best use of lands owned by Council, as a first option, consideration is given to affordable housing’.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Report No. 13.12         Approval to Operate application under section 68 of the Local Government Act 1993 and Regulations 2005 for Massy Greene Holiday Park

Directorate:                 Sustainable Environment and Economy

Report Author:           Shannon Burt, Director Sustainable Environment and Economy

Stephen McCarthy, Building Certifier

File No:                        I2017/1897

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

Council considered Notice of Motion 9.1 at the Ordinary meeting of 25 May 2017, and resolved to receive Approval to Operate (ATO) a Caravan and Camping Ground applications under section 68 of the Local Government Act 1993 and Regulations 2005 for Ferry Reserve and Massy Greene Holiday Parks subject to the conditions contained in Resolution 17-184.

 

ATO applications were lodged on 6 November 2017 for each Park respectively and have now been assessed by staff.

 

The ATO application for Massy Greene Holiday Park is recommended for approval subject to conditions.

 

  

 

RECOMMENDATION:

That Council grant approval under Chapter 7 of the Local Government Act, 1993 and the Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulations 1995 to operate a caravan park or camping ground on the property known as the Massy Greene Holiday park subject to the conditions in the Staff Compliance Assessment Report (Attachment 4 E2017/108745).

 

Attachments:

 

1        Site particulars - Approval to Operate a Caravan & Camping Ground, E2017/110975

2        Community Plan, E2017/110722

3        Proposed Concept - Plan Massy Green Holiday Park, E2017/110695

4        Staff Compliance Assessment Report, E2017/108745

5        Schedule of Compliance Works and Activities, E2017/110918

 

 


 

Report

 

Council considered Notice of Motion 9.1 at the Ordinary meeting of 25 May 2017, and resolved as follows:

 

Council considered Notice of Motion 9.1 at the Ordinary meeting of 25 May 2017, and resolved as follows:

 

17-184

Resolved that Council:

 

1.       Notes the following Concept Plans for the purposes of the public exhibition of the Crown Reserve Plans of Management;

 

a)    Revised Concept Plan for Ferry Reserve Holiday Park as shown at Attachment 1.

b)    Revised Concept Plan for Massy Greene Holiday Parks as shown at Attachment 2.

 

2.       a)   Supports NSWCHPT in seeking Ministerial approval to exhibit the proposed changes to the PoM for Ferry Reserve as per 1a hereof and it notes that it shows proposed road layout, formalised public access to the Boat Ramp and 10 meter setback from the Brunswick River.

         

b)    Supports NSWCHPT in seeking Ministerial approval to exhibit the proposed changes to the PoM for Massy Green as per 1b hereof and notes that it shows proposed road layout, formalised public car parking, open public space in lot 7005 including a children's play area and public access to light craft ramp and 10 meter setback from the Brunswick River.

 

3.       a)    Impose a condition on any Approval to Operate issued by Council in respect of the applications in 1a and 1b that the operation of the caravan park/camping ground and any building or work associated with its operation must comply with all applicable standards imposed by the Local Government (Manufacture Home Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2005, and;

 

b)    Where there is any non-compliance with the Local Government (Manufacture Home Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2005 NSWCHPT commit to doing all acts and things necessary to resolve the non-compliance issues as part of the development and works programme of the relevant Holiday Park in accordance with the timing schedule and staging plan known as SCHEDULE OF COMPLIANCE WORKS AND ACTIVITIES which will form part of the Approval to Operate.

 

4.       In order to enable the development and works program set out in the SCHEDULE OF COMPLIANCE WORKS AND ACTIVITIES as per 3b and included as a condition in any Approval to Operate, the Approval to Operate  be issued for a period of three (3) years.

 

5.       Defer consideration of the Revised Concept Plan for Terrace Reserve Holiday Park until the June Ordinary meeting and schedule in early June a further workshop with representatives from the NSWCHP Trust, Council, Long Term Park Residents and the Community to consider the two (2) Revised Concept Plan options presented to the Councillor Strategic Planning Workshop on 11 May 2017 and working  together to negotiate a suitable park design that  :-

 

a)    achieves compliance with the Local Government (Manufacture Home Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2005, and

b)   recognises the historical public significance of cypress pines area

b)   provides a suitable setback of 10 meters from the Brunswick River to allow public access (includes the Trust continuing to negotiate with park residents to achieve the 10 meter setbacks adhered to in other areas of the Brunswick foreshore), and

d)   provides a design which includes a vegetation plan of management which will at protect the foreshore foreshore and Cyprus Pines.     

 

Approval to Operate applications under section 68 of the Local Government Act 1993 and Regulations 2005 for Ferry Reserve and Massy Greene Holiday Parks were lodged on 6 November 2017 for each Park respectively, including site particulars, a community map, fire certificate, revised concept plan and compliance schedule.

 

Attachment 4 is the staff compliance assessment report for the Ferry Reserve Holiday Park. This report ensures that the ATO application satisfies the requirements of the resolution and the relevant Act and Regulations for the operation of a caravan park, and where this is not the case proposes suitable conditions of approval for this to occur within a specified time period.

 

The ATO application for Massy Greene Holiday Park is recommended for approval subject to conditions.

 

The conditions imposed are those of a standard nature and or those discussed with the NSWHPT.

 

Financial Implications

 

N/A

 

Statutory and Policy Compliance Implications

 

The operation of caravan parks and camping grounds require Approval to Operate (ATO) under Section 68 (Part F2) of the Local Government Act 1993. Applications are lodged by the land owner to continue the operation of caravan park and camping ground activities and application fees are paid in accordance with Councils’ adopted fees and charges.

 

The process of assessing and determining ATO applications is regulated under Chapter 7 Part 1 of the Local Government Act 1993. Part of the consideration of such applications involves the auditing of compliance with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (“the Regulation”).

 

Once it had been determined that the application represented the actual site activities, and satisfies the requirements of the Regulation, then an ATO approval is granted. Once an approval has been issued council may determine to extend or renew an approval (but without changing the terms of the approval) if satisfied there is good cause for doing so.

 

The relevant sections of the Local Government Act have been reproduced below:

 

LOCAL GOVERNMENT ACT 1993

 

72 Determination of applications by the Crown

 

(1)     A council, in respect of an application for approval made by the Crown or a person prescribed by the regulations, must not:

(a)     refuse to grant approval, except with the written consent of the Minister, or

(b)     impose a condition of an approval, except with the written consent of the Minister or the applicant.

 

(2)     If the council proposes to refuse to grant approval or to impose a condition of approval, it must immediately notify the applicant.

 

(3)     After the applicant is so notified, the council must submit to the Minister:

(a)     a copy of the application for approval, and

(b)     details of its proposed determination of the application, and

(c)     the reasons for the proposed determination, and

(d)     any relevant reports of another public authority.

 

(4)     The applicant may refer the application to the Minister whether or not the council complies with subsection (3).

 

(5)     After receiving the application from the council or the applicant, the Minister must notify the council and the applicant of:

(a)     the Minister’s consent to the refusal of approval, or

(b)     the Minister’s consent to the imposition of the council’s proposed conditions, or

(c)     the Minister’s intention not to agree with the council’s proposed refusal and the period within which the council may submit any conditions it wishes to impose as conditions of approval, or

(d)     the Minister’s refusal to agree with the council’s proposed conditions and any conditions to which the Minister’s consent may be assumed.

 

(6)     At the end of the period specified in subsection (5) (c), the Minister must notify the council and the applicant:

(a)     whether the Minister consents to the imposition of any of the conditions submitted by the council during that period and, if so, which conditions, or

(b)     of the conditions to which the Minister’s consent may be assumed.

 

(7)     The Minister must notify the council and the applicant of the reasons for a decision under subsection (5) or (6).

 

(8)     If the council does not determine the application within the period notified by the Minister for the purpose, the council is taken, on the expiration of that period, to have determined the application in accordance with the Minister’s consent.

 

73   Effect of council’s failure to determine Crown application

 

(1)     If the council does not determine an application to which section 72 applies within the relevant period specified in section 105, the council is taken, on the expiration of that period, to have refused the application.

 

(2)     If the application is taken to have been refused, the applicant may refer the application to the Minister for determination.

 

(3)     The Minister may determine an application so referred to the Minister.

 

(4)     The Minister’s determination has effect as if it were a determination of the council.

 

74 Prohibition on appeals concerning Crown applications

No review or appeal lies against a determination that the council is taken to have made under section 72 (8) or a decision or determination of the Minister under section 72 or 73.

105 Circumstances in which approval is taken to have been refused

 

(1)     If the council has not determined an application:

(a)     within the period of 40 days after the application is lodged with it, except as provided by paragraph (b), or

 

(b)     within the period of 80 days after the application is lodged with it in the case of an application for which the concurrence of a person or authority is required by or under this Act, the council is, for the purposes only of section 176, taken to have determined the application by refusing approval on the date on which that period expires.

 

(2)     Nothing in subsection (1) prevents the council from determining an application after the expiration of the 40-day or 80-day period, whether on a review under section 100 or otherwise.

 

(3)     A determination under subsection (2) does not prejudice or affect the continuance or determination of an appeal made under section 176 in respect of a determination that is taken under subsection (1) to have been made, subject to subsection (4).

 

(4)     Where a determination under subsection (2) is made by granting approval, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 176 in respect of a determination that is taken by subsection (1) to have been made, withdrawn at any time before the appeal is determined.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         PLANNING - S96 10.2013.577.3 Minor Alterations and Additions to Men's Shed at 26 Station Street Bangalow

Directorate:                 Sustainable Environment and Economy

Report Author:           Rob Van Iersel, Major Projects Planner

File No:                        I2017/1908

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

Section 96 Application No:

10.2013.577.3

Proposed modification:

S96 for Minor Alterations and Additions to Men's Shed

Original Development:

Recreation establishment (Men's Shed), car park (26 spaces) and tree removal (9 trees)

Type of s96 sought:

 

 

 

 

Property description:

LOT: 1 DP: 927856

26 Station Street BANGALOW

Parcel No/s:

140990

Applicant:

Bangalow Lions Club

Owner:

Catholic Church Trustees

Zoning:

RU2 Rural Landscape / PART DM Deferred Matter

S96 Date received:

31 October 2017

Original DA determination date:

29/01/2014

Integrated Development:

No

Public notification or exhibition:

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

Delegation to determination:

Council

 

Issues:

·    Boom gates proposed to be erected at car park entry to prevent parking by general public

 

Summary:

An application has been received to S96 for Minor Alterations and Additions to Men's Shed. The main alteration is the addition of a 7m x 7m masonry block extension to the north of the existing shed to increase the internal usable area.  The addition also includes a roof-top area proposed to be used for gardening activities and a plant nursery, accessed via an external staircase on the northern side.

 

Boom-gates are also proposed at either end of the car park. The proposal is satisfactory having regard to relevant matters for consideration including Byron LEP 2104 and Byron DCP 2014. The proposal is considered to be substantially the same development as approved and the Section 96 application is recommended for approval subject to amended conditions of consent.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

  

 

RECOMMENDATION:

That pursuant to Section 96 of the Environmental Planning & Assessment Act 1979, Application No. 10.2013.577.3, for minor alterations and additions to Men's Shed, be approved by modifying Development Consent number 10.2013.577.1 as indicated in Attachment 2 (E2017/110488).

 

Attachments:

 

1        Attachment 1 Development Plans , E2017/110424

2        Attachment 2  Proposed Modified Conditions of Consent 10.2013.577.3, E2017/110488

 

 

 


 

Assessment:

 

1.   INTRODUCTION

 

1.1.       History/Background

 

DA10.2013.577.1 – Men’s Shed and Car Parking area - Approved 27/01/14

DA 10.2013.577.2 – S96 to alter car parking condition to remove requirement for car parking to remain open to the public – Approved 30/05/17.

 

1.2.       Description of the proposed development

 

This application seeks approval to modify aspects of the approved Men's Shed; including:

·    Widening of the verandah along the front of the shed from 1.8m to 2.8m.  See photo below – verandah will cover an existing pathway that is already 2.8m wide (i.e. wider than shown in approved plan).  There is a retaining wall at the edge of this pathway, with existing car parking below.  Covering of verandah will not impact on parking.

·    Deletion of a concrete deck at the southern end of the building and replacing it with a wider paved area – see photo below – construction works commenced.

·    Construction of a 7m x 7m extension to the northern end of the shed, to include a roof-top area for gardening activities.  Roof-top to include railing approx. 1.2m high around the edge, with external stairs at the northern side.  Where the extension joins the existing shed, a 1.0m high parapet is proposed to prevent access onto the roof of the shed.  A 1.2m high railing is proposed on top of the parapet, resulting in a maximum height of 4.9m.

·    Construction of new retaining wall at the northern end of the extension; and

·    Provision of boom gates at car park access points.

 

1.3.       Description of the site

 

The site is owned by the Catholic Church Trustees who also own three adjoining parcels to the west and south of the site.  The land is rectangular in shape and is approximately 1,800m2 in area, stretching from Deacon Street down to Byron Creek, directly adjacent to a public parking area (within southern extension of Station Street). 

 

The property has now been developed with the men’s shed and the associated car park, generally in accordance with the approved plans.

 

Location of proposed verandah

Deck at south end of building

Location of northern extension

 

2.  

SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

Having regard for the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979, the following is a summary of the evaluation of the issues.

 

Section 96 of the EPA Act 1979

 

The proposed development has been submitted as an amendment to the approved development under Section 96(1A) of the EPA Act 1979. The proposed development will in effect add a small extension to the existing shed as approved with an area of 7mx7m. The proposal is considered to be substantially the same development with its use directly relating to the mens shed and the extension raising no additional issues for consideration. The development is satisfactory having regards to the S96 provisions.

 

2.1.       State/Regional Planning Policies, Instruments, EPA Regulations 2000

 

 

Agree or No (add comments as required)

Proposed amendments raise no issues under the relevant SEPPS, Policies or clauses of the EPA Regulations 2000

Agree

 

2.2.       Byron Local Environmental Plan 2014

 

 

Agree or No (add comments as required)

Proposed amendments raise no issues under the LEP