Ordinary Meeting
Minutes
14 December 2017
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary Meeting HELD
ON Thursday,
14 December 2017 COMMENCING
AT 9.07AM AND
CONCLUDING AT 7.11PM
I2017/1993
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter,
Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark
Arnold (Acting General Manager)
James
Brickley (Acting Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
David
Royston Jennings/Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that
the meeting is being held on Arakwal Country and that we pay our respects to
the elders past and present and extend our respect to the Bundjalung clans
whose lands and waters are part of the Shire.
Public
Access
Prior to dealing with the circulated reports and associated
information, a Public Access Session was held and Council was addressed on the
following:
10.1 No
paid parking in Bangalow
Jo Millar, representing the Bangalow Chamber of Commerce,
addressed Council in favour of the recommendation.
13.5 PLANNING
– S96 10.2016.551.2 S96 for Design Amendments to Dwelling House at 70
Kingsley Street Byron Bay
Dinah Hornung addressed Council against the
recommendation.
Donna Ehrenburg addressed
Council in favour of the recommendation.
13.7 PLANNING
– 26.2016.6.1 Planning Proposal – The Farm – Additional
Permitted Uses
Johnston Hunter, representing The Farm, addressed Council
in favour of the recommendation.
Matthew O’Reilly, representing Community
Associations Byron Shire, addressed Council against the recommendation.
13.8 Emissions
Reduction Strategy
Matthew O’Reilly, representing Community
Associations Byron Shire, addressed Council against the recommendation.
13.9 Broken
Head Reserve and Seven Mile Beach Road Management Issues
Johnny Abegg addressed Council against the recommendation.
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
John Dunn, representing the Brunswick Heads Progress
Association, addressed Council against the recommendation.
Greg Asher, Executive Manager of Operations for
Reflections Holiday Parks answered questions from Councillors on the matter.
13.12 Approval
to Operate application under section 68 of the Local Government Act 1993 and Regulations
2005 for Massy Greene Holiday Park
John Dunn, representing the Brunswick Heads Progress
Association, addressed Council against the recommendation.
Greg Asher, Executive Manager of Operations for
Reflections Holiday Parks answered questions from Councillors on the matter.
13.11 Update
on affordable housing partnership models
Matthew O’Reilly, representing Community
Associations Byron Shire, addressed Council against the recommendation.
13.15 Council’s
Capacity to Influence a Plastic Free Byron
Jaiia Cerff addressed Council in favour of the
recommendation.
13.18 Byron
Bay Town Centre Bypass Implementation
John Anderson addressed Council against the
recommendation.
13.19 Traffic
Signals in Byron Shire Council Area
Ann Reed addressed Council against the recommendation.
15 Questions
on Notice
John Anderson addressed Council on this agenda item.
Submission
No. 1 Holiday Letting in Residential Areas
Matthew Hartley made a submission to Council regarding holiday
letting in residential areas.
Submission
No. 2 Saddle Road precinct rezoning Planning Proposal
Matthew O’Reilly made a submission to Council
regarding the Saddle Road precinct rezoning Planning Proposal.
Submission
No. 3 Questions on Notice
Patricia Warren made a submission to Council regarding
Questions on Notice.
Question
No. 1 Tyagarah Aerodrome
Matthew O’Reilly asked the following question:
I can find no record of
Development Consent ever being applied for or granted relating to the operation
of an aerodrome at Tyagarah. As the crown land for the aerodrome was
leased to Byron Council in 1971 and construction of the aerodrome commenced
after that can Council please provide evidence of development consent being
granted to construct the aerodrome. Additionally, I can find no record of
Byron Council ever going through the formal process to convert the Council
owned land and the Crown owned land at Tyagarah aerodrome from Community Land
to Operational Land. Given that the formal conversion from Community Land
to Operational land is a requirement before land can be sub-divided and that if
the land is still Community Land then a Management Plan is required can Council
please provide evidence that both Council and Crown owned land at Tyagarah
Aerodrome is not Community Land.
The question was taken on notice.
Question
No. 2 Brunswick Heads Paid Parking
Kim Rosen asked the following question:
Councils independent TPS Report
recommended that any revised timed parking arrangements that are implemented be
monitored and then reviewed to see how they work. Council agreed to trial
Mullumbimby’s new timed arrangements for a year, yet Bruns is going to be
trialled for only 6 months.
Because of the seasonal nature for
tourists to our village, it is essential that any data be collected over a full
year period. If you only collect it over Bruns busiest periods (summer,
Commonwealth Games and Easter), you run the risk of the data being skewed and
therefore questionable.
The concern about another push for
paid parking in such a short timeframe using dubious data is causing
considerable stress for our business community.
Given all of the above,
wouldn’t it be only fair for the trial period for the new timed parking
arrangements in Brunswick Heads to be extended to one year also? Can Council
please do this?
Cr
Cameron provided a response at the meeting.
Question
No. 3 Byron Bypass
John Anderson asked the following question:
To what extent were you, the Mayor, and/or Shannon McKelvey
involved in the decision to finance the Butler Street Bypass defend to the tune
of well over $500k to date, and, if you weren’t actually involved, to
what extent were you at least aware of the ongoing proposed expenditures after
the appeal was served on Council?
The
question was taken on notice.
Question
No. 4 Brunswick Valley STP
Patricia Warren asked the following question:
What are the daily inflow and
rainfall figures for Brunswick Valley STP at EPA Monitoring Point 5 from
31.5.17 to date and why is this data no longer on line for all STPs?
The Director Infrastructure Services took the question on
notice.
The meeting adjourned at 11.01am and reconvened at
11.25am.
Apologies
There were no apologies.
Requests
for Leave of Absence
There
were no requests for leave of absence.
Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Spooner declared a non-significant, non-pecuniary
interest in Report 8.2. The nature of the interest being that his employer
Byron Bay Community Association has a market license for the Park. Cr
Spooner elected to remain in the Chamber and will participate in discussion and
the vote.
Cr Spooner declared a non-significant, non-pecuniary
interest in Report 8.4. The nature of the interest being that his employer
Byron Bay Community Association has a lease over the Old Girl Guides
Hall. Cr Spooner elected to remain in the Chamber and will participate in
discussion and the vote.
Cr Lyon declared a non-significant, non-pecuniary interest
in Report 13.7. The nature of the interest being that he manages a competing
business. Cr Lyon elected to remain in the Chamber and will participate in
discussion and the vote.
Cr Spooner declared a non-pecuniary interest in the proposed
Local Traffic Committee urgency motion, specifically in relation to the Soul
Street matter. The nature of the interest being that his employer receives
funding for this event. Cr Spooner elected to remain in the Chamber,
participate in discussion and the vote.
Tabling of Pecuniary Interest
Returns
There were no Pecuniary Interest Returns tabled.
Adoption
of Minutes from Previous Meetings
17-637
|
Resolved that the minutes of the following meetings be
confirmed:
· Ordinary
Meeting held 23 November 2017
· Extraordinary
Meeting held 28 November 2017 (Spooner/Hunter)
The motion was put to the vote and declared carried.
|
Reservation
of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be
reserved for debate, being:
Staff Reports
Corporate and Community Services
Sustainable Environment and Economy
Report No. 13.5 PLANNING
- S96 10.2016.551.2 S96 for Design Amendments to Dwelling House at 70 Kingsley
Street Byron Bay
Report No. 13.7 PLANNING
- 26.2016.6.1 - Planning Proposal - The Farm - Additional Permitted Uses
Report No. 13.8 Emissions
Reduction Strategy
Report No. 13.9 Broken
Head Reserve and Seven Mile Beach Road Management Issues
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
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
Infrastructure Services
Report No. 13.14 Byron Bay Pay
Parking Time Limit Review
Report No. 13.15 Council's
Capacity to Influence a Plastic Free Byron
Report No. 13.16 Current and
Future Capacity of Bangalow STP - Response to Resolution 17-502
Report No. 13.17 Byron
Properties Redevelopment Expression of Interest
Report No. 13.18 Byron Bay town
centre bypass implementation
Report No. 13.19 Traffic
Signals in Byron Shire Council Area
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr
Richardson and seconded by Cr Hunter. Each recommendation is recorded with a
separate resolution number commencing at Resolution No. 17-638 and concluding
with Resolution No. 17-658.
Staff Reports - Corporate and
Community Services
|
Report No. 13.1 Council
Investments 1 November to 24 November 2017
File No: I2017/1848
|
17-638
|
Resolved that the report listing Council’s investments
and overall cash position as at 24 November 2017 be noted. (Richardson/Hunter)
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Staff Reports - Sustainable
Environment and Economy
|
Report No. 13.2 Byron
Shire Council's Emissions Reporting 2015/16 and 2016/17
File No: I2017/1544
|
17-639
|
Resolved:
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. (Richardson/Hunter)
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Report No. 13.3 Update
Resolution 17-386 Byron Energy Action Tank
File No: I2017/1838
|
17-640
|
Resolved 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.
(Richardson/Hunter)
|
|
Report No. 13.4 Update
on the CZMP for the Eastern Precincts of the Byron Bay Embayment and other
coastal projects
File No: I2017/1675
|
17-641
|
Resolved:
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. (Richardson/Hunter)
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|
Report No. 13.6 Bangalow
Village Plan and Our Mullumbimby Masterplan - summary of process outcomes to
date
File No: I2017/1794
|
17-642
|
Resolved:
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. (Richardson/Hunter)
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Report No. 13.11 Update
on affordable housing partnership models
File No: I2017/1896
|
17-643
|
Resolved 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. (Richardson/Hunter)
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|
Report No. 13.13 PLANNING
- S96 10.2013.577.3 Minor Alterations and Additions to Men's Shed at 26
Station Street Bangalow
File No: I2017/1908
|
17-644
|
Resolved 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). (Richardson/Hunter)
The motion was put
to the vote and declared carried.
Crs Coorey,
Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted
in favour of the motion.
No Councillors
voted against the motion.
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committee Reports - Corporate and
Community Services
|
Report No. 14.1 Report
of the Finance Advisory Committee Meeting held on 16 November 2017
File No: I2017/1804
|
17-645
|
Resolved that Council note the minutes of the Finance
Advisory Committee Meeting held on 16 November 2017. (Richardson/Hunter)
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17-646
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.1 Notice of Motion -
Distribution of Paid Parking Income for the Benefit of Rural Communities
File No:
I2017/1737
Committee Recommendation 4.1.1
That the Finance Advisory Committee receive a report
detailing expenditure on rural roads (maintenance and capital) over the last
three to five years identifying funding sources to inform the 2018/19 Budget
Estimates. (Richardson/Hunter)
|
17-647
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.2 Draft Financial
Sustainability Plan 2017/2018
File No:
I2017/1719
Committee Recommendation 4.2.1
That Council adopt the Draft
Financial Sustainability Plan 2017/2018 (#E2017/104429) with the following
amendments:
a) remove
the entire dot point reference to Manfred Street, Belongil on page 10
b) remove
the entire second row in the table on page 12 regarding ‘5.2 Manfred
Street’.
(Richardson/Hunter)
|
17-648
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.3 Unrestricted Cash and
Reserves at 30 June 2017
File No:
I2017/1720
Committee Recommendation 4.3.1
1. That
the Reserve Balances as outlined in Attachment 1 (#E2017/103622) at 30 June
2017 be noted.
2. That
the Unrestricted Cash Balance of $1,145,200 as at 30 June 2017 be noted.
(Richardson/Hunter)
|
17-649
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.4 Quarterly Update -
Implementation of Special Rate Variation (SRV)
File No:
I2017/1731
Committee Recommendation 4.4.1
That the Finance
Advisory Committee note the quarterly update on the Special Rate Variation
implementation as at 30 September 2017. (Richardson/Hunter)
|
17-650
|
Resolved that Council adopt the following Committee Recommendation:
Report No. 4.5 Council Budget Review -
1 July 2017 to 30 September 2017
File No:
I2017/1736
Committee Recommendation 4.5.1
1. That
Council note that the itemised budget variations as shown in Attachment 2
(#E2017/104035) which includes the following results in the 30 September 2017
Quarterly Review of the 2017/2018 Budget:
a) General
Fund – $161,900 decrease to the Estimated Unrestricted Cash Result
b) General
Fund - $1,651,500 increase in reserves
c) Water
Fund - $110,000 decrease in reserves
d) Sewerage
Fund - $15,000 decrease in reserves
were
adopted by Council at its Ordinary meeting held on 23 November 2017.
2. That
Council noted that the revised General Fund Estimated Unrestricted Cash
Result of $940,600 for the 2017/2018 financial year as at 30 September 2017
were adopted by Council at its Ordinary meeting held on 23 November 2017.
3. That
the Finance Advisory Committee receive a reconciliation in relation to
projects in Byron Bay (Master Plan/Railway Precinct, etc) reconciling the
drawing on Section 94 funds earmarked and the Infrastructure Renewal Reserve
from the proceeds of Pay Parking revenue. (Richardson/Hunter)
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committee Reports - Infrastructure
Services
|
Report No. 14.2 Report
of the Transport and Infrastructure Advisory Committee Meeting held on 16
November 2017
File No: I2017/1812
|
17-651
|
Resolved that Council note the minutes of the Transport and
Infrastructure Advisory Committee Meeting held on 16 November 2017. (Richardson/Hunter)
|
17-652
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.1 Presentation of draft
Transport Asset Management Plan - Customer Levels of Service
File No:
I2017/1763
Committee Recommendation 4.1.1
1. That
the Committee notes the presentation of the Customer Levels of Service for
Transport Infrastructure.
2. That
the next extraordinary meeting will be held in early 2018 to consider
presentation in further details and draft Communication Strategy.
3. That
the Committee be provided a copy of the draft presentation and committee
members will provide feedback prior to the extraordinary meeting. (Richardson/Hunter)
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17-653
|
Resolved that
Council adopt the following Committee Recommendation(s):
Report No. 4.2 Update on the 2017/18
Local Roads Capital Works Program
File No:
I2017/657
Committee Recommendation 4.2.1
1. That
Council notes the actions taken to implement the 20176/18 Local Roads Capital
Works Program.
2. The
Committee notes that staff review the appropriateness of line marking the
“esses” near Coorabell school. (Richardson/Hunter)
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17-654
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.3 2017/18 - 2020/21 Local
Roads Capital Works Program
File No:
I2017/1140
Committee Recommendation 4.3.1
1. That
the Committee notes the information on the Council website about the approved
2017/18 Local Roads Capital Works Program and the indicative programs for
2018/19 to 2020/21.
2. That
the further advice and comments be sought from the Committee at the first
meeting in 2018. (Richardson/Hunter)
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17-655
|
Resolved that Council adopt the following Committee Recommendation(s):
Report No. 4.4 Pedestrian Crossing -
Lawson Street Byron Bay
File No:
I2017/1550
Committee Recommendation 4.4.1
That the
Committee notes the report. (Richardson/Hunter)
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confidential
Reports - Corporate and Community Services
|
Report No. 16.1 Confidential - Tender 2017-0005 Tree
Works Recommendation
File No: I2017/1785
|
17-656
|
Resolved:
1. That
Council award Tender 2017-0005 Tree Services to the following tenderers:
· Asplundh
Tree Expert
· Byron Bay
Tree Services
· Choppy
Chop Tree Services
· Hart Tree
Lopping
· Powerclear
2. That Council makes public its decision, including the name and
amount of the successful tenderer, in accordance with Clause 179(b) of the
Local Government (General) Regulation 2005. (Richardson/Hunter)
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confidential Reports - infrastructure
Services
|
Report No. 16.2 Confidential - Contract 2017-0038 -
Purchase and Removal of Scrap Metal form the Byron Resource Recovery Centre
and Byron Shire Council Depot
File No: I2017/1790
|
17-657
|
Resolved:
1. That
Council award Tender Purchase and Removal of Scrap Metal form the Byron
Resource Recovery Centre and Byron Shire Council Depot to Liberty OneSteel
Recycling Pty Ltd.
2. That Council makes public its decision, including the name and
amount of the successful tenderer, in accordance with Clause 179(b) of the
Local Government (General) Regulation 2005.
Note: The evaluation of this tender was finalised
prior to the Byron Shire Council Ordinary Meeting, held on Thursday 23
November 2017, where Notice of Motion No 9.2 ‘ Adani Contracts’
was carried. (Richardson/Hunter)
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|
Report No. 16.3 Confidential - North Byron Floodplain
Risk Management Study and Plan - Tender Approval
File No: I2017/1155
|
17-658
|
Resolved:
1. That
Council award Tender North Byron Floodplain Risk Management Study and Plan
(2017-0055) to WMA Water.
2. That
Council’s seal be affixed to the relevant documents.
3. That Council makes public its decision, including the name and
amount of the successful tenderer, in accordance with Clause 179(b) of the
Local Government (General) Regulation 2005. (Richardson/Hunter)
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Procedural
Motion
|
17-659
|
Resolved that
Council change the order of business to deal with Reports 10.1, 13.5, 13.7,
13.8, 13.9, 13.10, 13.12, 13.15 and 13.19 next on the Agenda. (Richardson/Hunter)
The motion was put to the vote and declared carried.
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Petitons
|
Petition No. 10.1 No
Paid Parking in Bangalow
File No: I2017/1909
|
17-660
|
Resolved:
1. That
the petition regarding no paid parking in Bangalow be noted.
2. That Council now resolve on the
local traffic committee advice regarding paid prking in bangalow as follows:
a) In relation to Local
Traffic Committee (LTC) recommendation 6.4 of 31 October 2017 and comments
received from Members at the LTC of 13 December 2017 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 for a
trail period of twelve months and that parking time limits be reviewed on a
needs basis during the trial.
b) Closely monitor parking
demands, durations and infringements in the Bangalow Town Centre area with
the objective to quantify the appropriateness of time limit duration and
track trends in the level of infringement, and
c) Assess compliance with
the revised time limits and associated infringements in the management of
parking turnover in conjunction with any future consideration by Council of
the implementation of a pay parking scheme in bangalow.
d) This resolution rescinds
and replaces Res 17-356
e) That any advice forwarded
to RMS and NSW Police in accordance with the appeal procedures in the
Delegation as a result of this resolution include a notification that the NSW
Police Member was not present at the LTC meeting of 31 October 2017 and
consequently raised objection to the proposal as did the local MP member of
the committee at the LTC meeting of 13 December 2017. (Cameron/Spooner)
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Procedural MotionS
|
17-661
|
Resolved that
Cr Richardson be granted a two minute extension to his speech. (Ndiaye/Lyon)
The motion was put to the vote and declared carried.
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17-662
|
Resolved that
Cr Hunter be granted a two minute extension to his speech.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-663
|
Resolved that
Cr Spooner be granted a two minute extension to his speech. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
17-664
|
Resolved that Cr Cameron be granted a two minute extension
to his speech.
(Richardson/Coorey)
The motion was put to the vote and declared carried.
|
The motion
was put to the vote and declared carried.
Crs Richardson and Ndiaye voted against the motion.
Staff Reports
- Sustainable Environment and Economy
|
Report No. 13.5 PLANNING
- S96 10.2016.551.2 S96 for Design Amendments to Dwelling House at 70
Kingsley Street Byron Bay
File No: I2017/1792
|
17-665
|
Resolved:
1. 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)
with consent condition 14 deleted from the consent conditions.
2. That
Council complete a review on heritage conservation areas or precincts in
Byron Bay.
(Richardson/Ndiaye)
|
AMENDMENT
Moved:
1. 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).
2. That
Council complete a review on heritage conservation areas or precincts in Byron
Bay.
(Hackett/Cameron)
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Procedural MotionS
|
17-666
|
Resolved that
Cr Hackett be granted a two minute extension to her speech. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-667
|
Resolved that
Cr Cameron be granted a two minute extension to his speech. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
The amendment was put to the
vote and declared lost.
Crs Hunter, Hackett and Cameron
voted in favour of the amendment.
Crs Coorey, Martin, Lyon,
Ndiaye, Richardson and Spooner voted against the amendment.
The motion was put to the vote
and declared carried.
Crs Coorey, Martin, Lyon,
Ndiaye, Richardson, Cameron, Spooner and Hunter voted in favour of the motion.
Cr Hackett voted against the
motion.
The meeting adjourned at 12.50pm for lunch and reconvened
at 1.44pm.
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Report No. 13.7 PLANNING
- 26.2016.6.1 - Planning Proposal - The Farm - Additional Permitted Uses
File No: I2017/1823
|
|
In accordance with his earlier declared interest in
this matter Cr Lyon remained in the Chamber and participated in
discussion and the vote.
|
|
Moved 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, augmented by
the addition of a retail outlet and a florist as additional permitted uses,
provided that those outlets sell produce and products from the northern
rivers region only.
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. (Ndiaye/Spooner)
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Procedural
MotionS
|
17-668
|
Resolved that Cr Ndiaye be granted a two minute extension
to her speech. (Richardson/Hunter)
The motion was put to the vote and declared carried.
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17-669
|
Resolved that Cr Hackett be granted a one minute
extension to her speech. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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17-670
|
Resolved that
Cr Hackett be granted a one minute extension to her speech. (Richardson/Cameron)
The motion was put to the vote and declared carried.
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AMENDMENT
17-671
|
Resolved 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. (Lyon/Cameron)
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|
Procedural
MotionS
|
17-672
|
Resolved that Cr Richardson
be granted a two minute extension to his speech. (Ndiaye/Cameron)
The motion was put to the vote and declared carried.
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17-673
|
Resolved that
Cr Spooner be granted a two minute extension to his speech. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
17-674
|
Resolved that Cr Cameron be granted a two minute extension
to his speech. (Lyon/Richardson)
The motion was put to the vote and declared carried.
|
17-675
|
Resolved that Cr Ndiaye be granted a one/two minute
extension to his/her speech.
(Richardson/Coorey)
The motion was put to the vote and declared carried.
|
The amendment was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Cameron and Hackett voted in
favour of the amendment.
Crs Ndiaye, Richardson, Spooner and Hunter voted against
the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Cameron and Hackett voted in
favour of the motion.
Crs Ndiaye, Richardson, Spooner and Hunter voted against
the motion.
|
Report No. 13.8 Emissions
Reduction Strategy
File No: I2017/1824
|
17-676
|
Resolved that Council
note this report. (Ndiaye/Richardson)
The motion was put to the vote and declared carried.
|
|
Report No. 13.9 Broken
Head Reserve and Seven Mile Beach Road Management Issues
File No: I2017/1839
|
17-677
|
Resolved:
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 with
the following adjustments:
Action 2 include
Shire resident permit option and delete consideration of car park closure
Action 6 Immediately
remove the no stopping signs and boulders at the southern end of Seven Mile
Beach Road. Create a proper turning circle and car parking area. Install no
parking from 9.00pm-5.00am signs
Action 9 review
the placement and number of No Stopping signs along the length of the
road.
Action 12 change
‘neighbourhood watch program’ to ‘Broken Head Custodians
Group’
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.
5. That
Council note that responses from both the Police and NPWS requesting support
in these matters, as outlined in Actions 4 and 5 have still not been
forthcoming and that Council write again, requesting an urgent
response. (Spooner/Ndiaye)
|
|
Procedural
Motion
|
17-678
|
Resolved that
Cr Richardson be granted a two minute extension to his speech. (Ndiaye/Martin)
The motion was put to the vote and declared carried.
|
The motion (Spooner/Ndiaye) was put to the vote and
declared carried.
|
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
File No: I2017/1889
|
|
Moved:
1. The application for a three year Approval
to Operate is refused.
2. The applicant is asked to resubmit a
three year application for an Approval to Operate within six months of
receiving approved amended POM for Ferry and that such application is
consistent with Resolution 17-184 of 25 May 2017 wherein it was stated 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."
3. Council advise the applicant of its
intention to issue an Approval to Operate upon receipt of approved amended
POM and schedule of capital works to bring the holiday park into
compliance.
4. Council requests the applicant that in
the interim the existing foreshore setback from the top of the riverbank of
the Brunswick River at Ferry is to be maintained as unfettered public walkways
free of any spill over areas from the caravan parks' clientele. (Coorey/Cameron)
|
|
Procedural
Motion
|
17-679
|
Resolved that
Cr Coorey be granted a two minute extension to her speech. (Richardson/Cameron)
The motion was put to the vote and declared carried.
|
AMENDMENT
17-680
|
Resolved 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). (Ndiaye/Richardson)
|
The amendment was put to the vote and declared carried.
Crs Coorey, Cameron and Hackett voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Coorey and Hackett voted against the motion.
|
Report No. 13.12 Approval
to Operate application under section 68 of the Local Government Act 1993 and
Regulations 2005 for Massey Greene Holiday Park
File No: I2017/1897
|
17-681
|
Resolved 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 Massey Greene Holiday park subject to the conditions in the
Staff Compliance Assessment Report (Attachment 4 E2017/108745). (Ndiaye/Lyon)
The motion was put to the vote and declared carried.
Crs Coorey and Hackett voted against the motion.
|
|
Procedural
Motion
|
17-682
|
Resolved that Council
change the order of business to deal with Report 10.2 next on the Agenda.
(Richardson/Cameron)
The motion was put to the vote and declared carried.
|
PETITION
|
Petition No. 10.2 Brunswick
Parking Management Strategy
File No: I2017/1910
|
|
Moved: That
the petition objecting to Paid
Parking in Brunswick Heads be noted
and that the review period be
extended from 6 months to 9 months. (Richardson/Ndiaye)
|
AMENDMENT
17-683
|
Resolved that the petition objecting to Paid Parking
in Brunswick Heads be noted and that Council endorse the recommendation of
the Local Traffic Committee Meeting held on 13 December 2017 as below:
1. That
the Local Traffic Committee endorse Council Resolutions 17-587 and 17-636,
providing concurrence for:
a) Item
2, which is to implement the changes to the parking time limits in the
Brunswick Heads Town Centre, as depicted in the proposed parking times in
Figure 1 of this report, with the minor amendments identified in Table 1.
2. That
the Local Traffic Committee recommend the proposed parking limits be reviewed
on a needs basis.
3. That
the review period be extended from 6 months to 12 months. (Cameron/Spooner)
|
The amendment was put to the vote and declared carried.
Crs Martin, Lyon, Ndiaye and Richardson voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Martin, Lyon, Ndiaye and Richardson voted against the
motion.
The meeting adjourned at 4.15pm and reconvened at 4.40pm.
Staff
Reports - Infrastructure Services
|
Report No. 13.15 Council's
Capacity to Influence a Plastic Free Byron
File No: I2017/1676
|
17-684
|
Resolved:
1. That
Council implement the following initiatives to achieve the objective of
reduction in single use of plastic bags and packaging with the intent
of implementing a voluntary ban of single use plastic bags and packaging
in the Byron Shire by Plastic Free July 2018:
a) Engage
with Boomerang Alliance to implement the Communities Taking Control program
of education and assistance for businesses and the community to reduce single
use plastic bags and packaging;
b) Develop
and implement a targeted program that creates and promotes more public water
stations across the Shire to reduce the need for single use water bottles;
and
c) Lobby
State and federal politicians via distribution of the attached letter to NSW
Premier Gladys Berejiklian, NSW Environment Minister Gabrielle Upton, NSW MLC
for Ballina, Tamara Smith, NSW Member for the Northern Rivers, Benjamin
Franklin and the Federal Member for Richmond, Justine Elliot.
2. That
the above program is funded via the funding streams identified within this
report.
3. That
Council consider what role the container deposit scheme can have in
furthering this cause and some possible workarounds while the State
government struggle to achieve their outcomes.
4. That
a letter be sent to the State and Federal politicians as listed in 1c)
requesting support for Byron Shire container deposit scheme locations to be
identified and their creation expedited in Byron Shire. (Ndiaye/Lyon)
The motion was put to the
vote and declared carried.
|
|
Report No. 13.19 Traffic
Signals in Byron Shire Council Area
File No: I2017/1891
|
17-685
|
Resolved:
1. That
various traffic control solutions across the Shire be developed using a merit
based approach that considers the relevant constraints and context for each
site.
2. That
a range of technical and other guides be considered as possible guides for
design of intersection and transport infrastructure in order that possible
innovative solutions can be considered.
3. That
an options report be presented to Council, where roundabout or traffic
signals are being considered, which reviews all facets of the design process
for each intersection traffic control measure, including the recommended
solution for the intersection and the reasons why it should be used.
4. That
the planned Ewingsdale Road/Bayshore Drive roundabout project proceed
utilising the available grant funds.
5. That
further investigation be undertaken for alternative solutions to a roundabout
at Clifford Street/Broken Head Road, including traffic lights.
6. That
the modelling for the updated MR545 study include options for traffic signals
and other innovative solutions that may become apparent. (Cameron/Hackett)
The motion was put to the vote and
declared carried.
|
|
Procedural
Motion
|
17-686
|
Resolved that Council
change the order of business to deal with Report 13.18 next on the Agenda.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
|
Report No. 13.18 Byron
Bay town centre bypass implementation
File No: I2017/1789
|
|
Moved:
1. That
work not commence on implementing the Byron Bay town centre bypass.
2. That
Councillors be provided with the answer to the questions regarding costings
posed by John Anderson as referred to in Public Access.
3. That
Councillors be provided with the Land and Environment Court judgement on the
Bypass.
4. That
a full assessment of the nature and costings of work be assessed by a
quantity surveyor.
(Coorey/Hackett)
|
|
Procedural
Motion
|
17-687
|
Resolved that Cr Coorey be granted a two minute extension
to her speech. (Richardson/Hackett)
The motion was put to the vote and declared carried.
|
AMENDMENT
17-688
|
Resolved:
1. That
work commence on implementing the Byron Bay town centre alternative route
based on Option 1 whilst opportunities for the funding gap to complete the
full scope of the project work continue to be progressed.
2. That
the current budget allocation in 2017/18 to be reduced to $2.4M to reflect
anticipated progress for this financial year and that the balance of funding
be transferred to the 2018/19 financial year. (Richardson/Spooner)
|
The amendment was put to the vote and declared carried.
Crs Coorey, Cameron and Hackett voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Coorey, Cameron and Hackett voted against the motion.
Mayoral
Minute
|
Mayoral Minute No. 8.1 Appointment
of Acting General Manager
File No: I2017/1963
|
17-689
|
Resolved:
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. (Richardson)
The motion was put to the vote and declared carried.
|
|
Mayoral Minute No. 8.2 Railway
Square Landscape Concept and Design
File No: I2017/1980
|
|
In accordance with his earlier declared interest in
this matter Cr Spooner remained in the Chamber and participated in
discussion and the vote.
|
17-690
|
Resolved that Council
endorse the Railway Square Landscape Concept Plan. (Richardson)
|
|
Procedural
Motion
|
17-691
|
Resolved that Cr Richardson be granted a one minute
extension to his speech. (Ndiaye/Lyon)
The motion was put to the vote and declared carried.
|
The motion (Richardson) was put to the vote and declared
carried.
|
Mayoral Minute No.
8.3 Byron Bay District Hospital
site
|
17-692
|
Resolved that Council write to NSW Health and Health
Minister to:
1. outline
Council’s interest in working alongside the Byron Bay community to
provide a community focused use of the old Byron Bay hospital site.
2. request
NSW Health to defer any decision on any potential sale of the site for six
months, in order for Council and a partnership with the community to form and
develop a proposal to either purchase the site or pursue a long term lease
arrangement. (Richardson)
The motion was put to the vote and declared carried.
|
|
Mayoral Minute No.
8.4 Plan of Management for the Byron Bay
Memorial Recreation Grounds
|
|
In accordance with his earlier declared interest in
this matter Cr Spooner remained in the Chamber and participated in
discussion and the vote.
|
17-693
|
Resolved that Council:
1. Withdraw
the draft Plan of Management for the Byron Bay Memorial Recreation Grounds
currently on public exhibition.
2. Write
to residents who have already lodged submissions on this draft, informing
them of this decision, thanking them for their engagement and submission and
informing them that their submission will be considered as part of the new
draft to be exhibited in the new year or new submissions will be gratefully
accepted.
3. Consider
the 2015 draft Plan of Management, completed as part of the Byron Bay Town
Centre Masterplan process the preferred document to be exhibited in the new
year for possible adoption.
4. Convene
a council workshop and a workshop with stakeholders to consider and inform
the draft document prior to its exhibition. (Richardson)
The motion was put to the vote and declared carried.
|
Notices
of Motion
|
Notice of Motion No. 9.1 Car Free
Sundays in Byron Bay
File No: I2017/1902
|
17-694
|
Resolved:
1. That
Council supports, in principle, a trial of 'Car Free Sundays' in Byron
Bay;
2. That
the car free day be of similar range and scope to the car free area
designated for Soul Street that occurs on New Year’s Eve;
3. That
the Car Free Sundays occur monthly on days that are not Byron
Market days;
4. That
Council and the community work together to plan and progress this trial; and
5. That
a report on this matter be brought to Council for consideration of Car Free
Sundays before the winter recess.. (Coorey/Cameron)
The motion
was put to the vote and declared carried.
Crs
Spooner and Hunter voted against the motion.
|
Submissions
and Grants
|
Report No. 11.1 Byron
Shire Council Submissions and Grants as at 22 November 2017
File No: I2017/1787
|
17-695
|
Resolved that Council
note the report. (Richardson/Cameron)
Cr Hunter left the meeting at 6.22pm and did not
return.
The motion was put to the vote and declared carried.
Cr Hunter was not present for the vote.
|
Delegates'
Reports
1. LGNSW Annual Conference 4-6 December 2017
Cr Ndiaye advised Council:
The three highlights were unlike probably a few years back,
a motion that we seconded to lobby the state government about plastic bags went
through undiscussed. There was probably 30-odd majority of the more conservative
nature in the voting generally and the lobbying for a bed tax proposal also
went through without any discussion. So these are things that a few years back
I think would have been heavily contested but there seems to be a kind of an
understanding around some of these things especially around waste management.
There was some really interesting discussions around small
business opportunities and some support from the Minister around our business
hub discussions, so that was really positive and it was a great opportunity to
meet other people from other council areas.
We had a big push to reinvestigate coal as an option for
cheaper electricity which got through, just to give you a sense of the other
side of it. So there’s still a way to go.
Cr Lyon also advised:
I wanted to mention that we watched a video from a man from
the UK which talked about the trust deficit and he worked with a lot of local
authorities in England and discussed challenges they’d had with the 25%
cut to their budgets in maintaining servicing. There’s a lot of really
good points in there which I think would be really useful for us in our current
situation, as it’s very relevant with the conversations with our
community. So I’ll get all of the details and the links and encourage
everyone to have a look at that. It’s very relevant for our Council at
this current time.
2. Australian Housing Conference 29 November – 1
December 2017
Cr Spooner advised Council:
I attended the Australian Housing Conference where there was
180 speakers and 36 sessions. There was a lot of talking going on! There was
great discussion and debate around housing policy, everything from homelessness
through to social and affordable housing; housing market, land supply, land use
planning.
We had some well-known people there such as Michael Sukkar,
the Assistant Minister to the Treasurer, gave an interesting key note where he
went through the whole development of the Australian Finance and Investment
Corporation. He talked about tax concessions coming down the line, also
interestingly enough, establishing a commonwealth land register because
they’ve found out they don’t know what they own. So that will be a
good starting point to look at what they could use to get some housing on
there.
There was a lot of talk about build-to-rent going on because
of people not being able to buy and so the whole development-type industry is
moving into that area. We’ve seen that locally - I think I’d
suggest with developments like we discussed at our housing forum back in
February. The Nightingale project down in Melbourne, I’d argue, is
something like habitat here in Sunrise. Those sort of things are seen as very
popular.
There was talk of land trust and I know that’s been
talked a lot about in this area. PWC Australia were there - an auditing firm - and
they’re putting in a submission to the State Government around changing
the R2 zone because they’re arguing that there’s missing middle
housing in Australia at the moment, and especially in NSW, and around having
more town houses in that zone. We’ve got the smaller stuff and the bigger
stuff but it’s the middle stuff that we need to accommodate for and I
think we’ve seen those sort of things, those stresses here in our
community.
All up it was a good experience and I think we’re
certainly involved in some of the key discussions at the moment and I know that
work will continue into the new year. So thanks for the opportunity to attend.
3. Inaugural Tourism Council Advocacy Alliance 4 December
2017
Cr Richardson advised Council:
I attended the inaugural Tourism Council Advocacy Alliance
where we got about 40 attendees either there or on conference calls, so from
Torres Strait Island to West Australia, South Australia, a whole lot of NSW,
Noosa, Blue Mountains, a lot of really key tourism destinations. We’re
very much no longer on our own. There are some that obviously wanted more
tourism and they still acknowledged if we work together we can help them avoid
having to react the way we do or Noosa has to. Whether it be where we put cars
to get into town or what sort of accommodation we provide.
Out of that meeting there was a wholesale appetite for us to
be an advocacy group, an alliance; some of the staffers were kind of keen to
work within other organisations but I think for the elected members it was let’s
“stump up”, let’s create a group, let’s lobby, but also
let’s research the bits that we need as communities.
Over the next few weeks we’ll formalise exactly what
the Alliance will look like but it was a really successful initiative and I
really want to thank staff who did a whole lot of work to make it happen. I
think it was a really great start of hopefully a national voice to address our
needs, whether it be bed tax, AirBnB, congestion, waste infrastructure, etc. So
that was a great event.
|
Procedural
Motion
|
17-696
|
Resolved that
the meeting be extended past 6.30pm to 7.00pm to complete the business on the
agenda. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
|
Staff Reports - Infrastructure
Services
|
Report No. 13.14 Byron
Bay Pay Parking Time Limit Review
File No: I2017/1558
|
17-697
|
Resolved:
1. That
the changes to the parking time limits in the Byron Bay pay parking area as
outlined below be endorsed:
a) Wordsworth Street – modify 2P zone to OP (no
limit) zone.
b) Shirley Street
– modify 4P zone to OP (no limit) zone.
c) Lawson Street North
and South Car Parks – modify from OP (no limit) to 4P.
d) Somerset Street and
Butler Street Reserve – modify to free parking zone.
e) Butler Street
– modify 4P zone to OP (no limit) zone.
f) Byron Street
– modify 2P zone to 1P zone.
g) Fletcher Street
– modify eastern side from 4P to 2P.
h) Jonson Street – modify
Carlyle to Kingsley zone from 1P to 2P.
2. That
a budget of $15,000 be approved from Pay Parking Operations in Byron Bay to
modify the signage.
3. That
a report be prepared for the Local Traffic Committee for concurrence prior to
actioning for items 1a), 1b), 1c), 1e), 1f), 1g) and 1h).
4. That
the modification in item 1d) for Somerset Street and Butler Street Reserve be
implemented as soon as possible.
5. That
staff provide a report with an analysis of resident and non-resident usage
for the different paid parking time zones. (Spooner/Richardson)
The motion was put to the vote and declared carried.
|
|
Report No. 13.16 Current
and Future Capacity of Bangalow STP - Response to Resolution 17-502
File No: I2017/1777
|
17-698
|
Resolved:
1. That
Council note the report.
2. That
Council refers the report for discussion at next Thursday’s Waste Water
and Sewer Committee meeting to consider for further recommendations to
Council. (Lyon/Richardson)
The motion was put to the
vote and declared carried.
|
|
Report No. 13.17 Byron
Properties Redevelopment Expression of Interest
File No: I2017/1786
|
17-699
|
Resolved that Council:
1. Progress
the EOIs for the former South Byron STP and Lot 12 Bayshore Drive sites
as separate EOIs.
2. Adopt
the proposed EOI Vision, Purpose, Aims and Objectives, Council
Requirement and Anticipated Development statements for the former South
Byron STP site.
3. Defer
the issue of the Lot 12 Bayshore Drive EOI until after 30 June 2018 or
following the completion of the former South Byron STP EOI process if it
occurs before this date.
(Spooner/Richardson)
The motion was put to the vote and declared carried.
|
URGENCY MOTIONS
|
Procedural
Motion
|
17-700
|
Resolved that Local Traffic Committee Meeting minutes be discussed
as a matter of urgency. The urgency being that the minutes and
recommendations of the Local Traffic Committee at their meetings on 31
October 2017 and 13 December 2017 contain recommendations on matters that are
required to be actioned before the date of the next Council meeting on 1
February 2018.
(Cameron/Ndiaye)
The Mayor declared the matters to be of great urgency.
The motion was put to the vote and declared carried.
|
|
Urgency Motion No.
1 Local Traffic Committee
Meeting Minutes 31 October 2017
File
No: I2017/1668
|
17-701
|
Resolved that Council note the minutes of the Local Traffic
Committee Meeting held on 31 October 2017. (Cameron/Spooner)
The motion was put to the vote and declared carried.
|
|
Urgency Motion No. 1.6.1 Traffic
- Bangalow Rd 440 - Regulatory Signage - Road Narrows
File No: I2017/955
|
17-702
|
Resolved:
Committee
Recommendation 6.1.1
That Council approve the
installation of line marking and signs as per the 24.2014.62.1 –
Bangalow Rd 440 drawing - Signage, Line marking and Safety Barrier C03 Issue
B.
(Cameron/Spooner)
The motion
was put to the vote and declared carried.
|
|
Urgency Motion No. 1.6.2 Traffic - Station Street
File
No: I2017/1357
|
17-703
|
Resolved:
Committee Recommendation 6.2.1
That Council:
1. Retain
the existing Loading Zone in Station Street.
2. Approve
signage and line marking to facilitate required changes to provide an
accessible parking bay in Station Street, Mullumbimby.
3. Council
prepare a vehicle movement plan to be provided to delivery drivers outlining
new delivery arrangements to be implemented by council . (Cameron/Spooner)
The motion was put to the vote and declared carried.
|
|
Urgency Motion No. 1.6.3 Regulatory Signage &
Linemarking - Pinegroves Road and Tyagarah Road, Myocum RE: 10.2016.486.1 -
Storage Premises
File
No: I2017/1447
|
17-704
|
Resolved:
Committee
Recommendation 6.3.1
That Council approve the use of
the signage and line marking to Pinegroves and Tyagarah Roads in accordance
with the signage and line marking plans prepared by Rob Aungle &
Associates, numbered H-01, H-02 & H-03 and dated 22.09.17. (Cameron/Spooner)
The motion was put to the vote and declared carried.
|
|
Urgency Motion No. 1.6.4 Bangalow Town Centre Pay Parking
Scheme - Endorsement of Council Resolved Time Limits in Bangalow
File
No: I2017/1525
|
17-705
|
Resolved:
Committee
Recommendation 6.4.1
That the Local Traffic Committee
note the proposal to introduce the Bangalow Town Centre Pay Parking Scheme on
1 January 2018 and have no objection to Council Resolution 17-356 detailed
above, providing concurrence for:
a) Item
1, which is to implement 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 with the extension of the metered scheme to
include all of Station St. north.
b) Items
2 and 3, detailing that the pay parking scheme will be in line with the Byron
Bay town centre parking scheme, incorporating annual exemptions in the format
of a resident and business parking permits in line with Council’s
approved fees and charges.
(Cameron/Spooner)
The motion was put to the vote and declared carried.
|
|
Urgency Motion No. 1.6.5 Event Road Closure - Soul Street
New Year's Eve and First Sun New Year's Day, Byron Bay
File
No: I2017/1538
|
|
Cr Spooner declared a non-pecuniary interest in Soul
Street matter as his employer receives funding for this event. Cr
Spooner elected to remain in the chambers and vote.
|
17-706
|
Resolved:
Committee Recommendation 6.5.1
1. That
the Local Traffic Committee supports:
a) Council's
temporary traffic management initiatives for the Soul Street New Year's Eve
event to be held in Byron Bay and approves the temporary road closure of
Jonson Street, between Lawson Street through to the car park entry at Railway
Park (north of Marvell Street), from 6am on Sunday 31 December 2017 and its
removal by no later than 7am on the Monday 1 January 2018.
b) Council’s
temporary traffic management initiatives for the First Sun New Year’s
Day event to be held in Byron Bay and approves the temporary road closure of
Lighthouse Road from Brooke Road (The Pass), from 3am to 8am on Monday 1
January 2018.
2. That
the approval provided in Part 1 remain subject to Council endorsement of the
event prior to implementation and is subject to the following requirements:
a) traffic
control plans are designed and implemented by those with the appropriate NSW
(RMS) accreditation;
b) advertising
is undertaken in accordance with the Roads Act, including the publication of
a map and explanatory notes in a local newspaper and on Council's website;
c) the
letterbox drop of properties adjacent to and prior of the Jonson Street
closure and Bay Street, Marvell Street and Byron Street parking changes; and
d) all
parties involved in Council's NYE events hold, or least covered by,
appropriate and relevant levels of insurance and public liability cover as
required by Council.
e) That
Council should liaise with NSW Police to prepare a confidential
counter-terrorism plan for the event and consider alternate additional
barriers in strategic locations in consultation with NSW Police. (Cameron/Spooner)
The motion was put to the vote and declared carried.
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Urgency Motion No. 1.6.6 DA 10.2017.337.1 - Change of use -
Chicken Processing Facility to mixed uses, including agricultural processing
warehouse and recreation facility - median and signage on Ewingsdale Road at
property en
File
No: I2017/1542
|
17-707
|
Resolved:
Committee
Recommendation 6.6.1
That the Local Traffic
Committee’s comments relating to DA 10.2017.337.1 be provided to the
Council Planning Team. (Cameron/Spooner)
The motion was put to the vote and declared carried.
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|
Urgency Motion No. 1.7.1 DA 10.2017.510.1 - Mixed Use
Development, Jonson and Browning Streets - proposed change to Ruskin Lane and
potential conflicts with Byron Bypass roundabout
File
No: I2017/1507
|
17-708
|
Resolved:
Committee
Recommendation 7.1.1
That the Local Traffic
Committee’s comments relating to DA 10.2017.510.1 be provided to the
Council Planning Team. (Cameron/Spooner)
The motion was put to the vote and declared carried.
|
|
Urgency Motion No. 2 Local
Traffic Committee Meeting Minutes 13 December 2017
File
No: I2017/1982
|
17-709
|
Resolved that Council note the minutes of the Local Traffic
Committee Meeting held on 13 December 2017. (Cameron/Spooner)
The motion was put to the vote and declared carried.
|
|
Urgency Motion No. 2.6.1 Mullumbimby Parking Strategy -
Endorsement of Council Resolved Time Limits in Mullumbimby
File
No: I2017/1900
|
17-710
|
Resolved:
Committee Recommendation 6.1.1
1. That
the Local Traffic Committee endorse the changes to the parking time limits in
the Mullumbimby Town Centre, as depicted in the proposed parking times in
Figure 1, being:
a) 1P
throughout Burringbar Street and the addition of 4P zones at the ends of
Stuart and Dalley Streets and
b) 2P
remaining in place for the remainder of Stuart and Dalley Streets.
2. That
the Local Traffic Committee recommend that the proposed 4hr parking limits be
reviewed during the 12 month period on a needs basis. (Cameron/Spooner)
The motion was put to the vote and declared carried.
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|
Urgency Motion No. 2.6.2 Brunswick Heads Parking Strategy -
Endorsements of Council Resolved Time Limits in Brunswick Heads
File
No: I2017/1901
|
17-711
|
Resolved:
Committee Recommendation 6.2.1
1. That the Local Traffic Committee endorse
Council Resolutions 17-587 and 17-636, providing concurrence for:
a) Item 2, which is to implement the changes to
the parking time limits in the Brunswick Heads Town Centre, as depicted in
the proposed parking times in Figure 1 of this report, with the minor
amendments identified in Table 1.
2. That the Local Traffic committee recommend the
proposed parking limits be reviewed on a needs basis.
3. That the review
period be extended from 6 months to 12 months. (Cameron/Spooner)
The motion was put to the vote and declared carried.
|
|
Urgency Motion No. 2.6.3 Closing Bay Lane for a trial period
during January 2018
File
No: I2017/1961
|
17-712
|
Resolved:
Committee Recommendation 6.3.1
1. That
the Local Traffic Committee does not support the trial closure of Bay Lane
throughout January 2018.
2. The
Local Traffic Committee recommends a detailed investigation of the proposal
for temporary and possible long term closure including safety, access, and
consistency.
(Cameron/Spooner)
The motion was put to the vote and declared carried.
|
|
Urgency Motion No. 2.6.4 U-turn signs at Melaleuca Drive
|
17-713
|
Resolved:
Committee Recommendation 6.4.1
That
“No U-turn” signs be erected at the intersection of Ewingsdale Road
and Melaleuca Drive
controlling
eastbound traffic in Ewingsdale Road. (Cameron/Spooner)
The motion was put to the vote and declared carried.
|
|
Procedural
Motion
|
|
Moved: That the
matter of Saddle Road be discussed as a matter of urgency, the urgency being:
·
The 90 day period for Council to consider this is today.
·
Council Resolution 17-601/2
·
"That Council in relation to the
Saddle Road EOI sites, no further action is to be taken under Res 17-260
(Item 5) until the Planning Proposal assessment for this locality has been
completed and considered by Council in December "
·
As this is the last Council meeting and the expectation
was that this would be dealt with today
·
There are 21 landowners unwillingly caught up in this planning
proposal who expected to have clarity on this today. (Coorey/Cameron)
The Mayor ruled the matter not to be of great urgency.
|
|
Procedural
Motion
|
17-714
|
Resolved that the matter of clothes optional signage at
Tyagarah Beach be discussed as a matter of urgency. The urgency being based
on a previous motion we put through around nude bathing. We requested all the
signage to go at Tyagarah but did not include any signage to stipulate it was
no longer appropriate on other areas of the beach. As summer is approaching
and with it, higher visitor numbers and more beach goers, I think it's
important we back up our previous response with further signage in areas that
previously were perceived as nude bathing areas. (Ndiaye/Lyon)
The Mayor ruled the matter to be of great urgency.
Crs Lyon and Hackett left the meeting at 6.58pm.
The motion was put to the vote and declared carried.
Crs Cameron and Spooner voted against the motion.
Crs Lyon and Hackett were not present for the vote.
Crs Lyon and Hackett returned to the meeting at 7.01pm.
|
|
Urgency Motion No. 3 Clothes
Optional Signage at Tyagarah Beach
|
17-715
|
Resolved that in relation to the
installation of Clothes Optional Signage at Tyagarah Beach that:
1. Subject
to landowner consent, staff install 3 signs in consultation with the Safe
Beach Group (including Police and NPWS) at the southern end (Belongil)
relating to resolution 17-499
2.
That funding of $5,000 be identified in the December review. (Ndiaye/Lyon)
|
|
Procedural
Motion
|
17-716
|
Resolved that
the meeting be extended to 7.15pm to complete this item. (Richardson/Coorey)
The motion was put to the vote and declared carried.
Crs Hackett and Cameron voted against the motion.
|
The motion (Ndiaye/Lyon) was put to the vote and declared
carried.
Crs Hackett and Spooner voted against the motion.
There being no further business the meeting concluded at 7.11pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 1 February 2018.
….…………………………
Mayor Simon Richardson