Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 22 February 2018

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 4.00pm

 

 

 

 

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.

 

 

Mark Arnold

Acting 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       Byron Shire Reserve Trust Committee held on 1 February 2018

6.2       Ordinary Meeting held on 1 February 2018

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

8.1       Future Use of the Surplus Transport for NSW land in Mullumbimby............................... 6

9.    Notices of Motion

9.1       Byron Bay Historical Walk - Stage 2................................................................................. 8

9.2       Design Options for Jonson Street Protection Works...................................................... 10

9.3       Submission: North Byron Parklands .............................................................................. 14

10.  Petitions

10.1     Speed Limits and Signage on The Pocket Road............................................................ 17

11.  Submissions and Grants

11.1     Byron Shire Council Submissions and Grants as at 31 January 2018........................... 18

12.  Delegates' Reports  

13.  Staff Reports

Corporate and Community Services

13.1     Operational Plan 2017-2018 - 6-month progress report to 31 December 2017............. 20

13.2     Council Resolutions Quarterly Review - 1 October 2017 to 31 December 2017........... 23

13.3     Draft Community Strategic Plan and Community Solutions Panel ............................... 26

13.4     Update on Resolution 17-585 regarding Adani and the Carmichael mine...................... 35

13.5     Byron Environment Centre............................................................................................. 41

13.6     Council Budget Review - 1 October 2017 to 31 December 2017.................................. 44

13.7     Bangalow A&I Hall - new fee 'community rate'.............................................................. 54

13.8     Council Investments January 2018................................................................................. 56

13.9     Tender Assessment - Legal Services Contract 2017-0054............................................ 63

13.10   Joint Organisation of Councils........................................................................................ 68


 

Sustainable Environment and Economy

13.11   Update on the CZMP for the Eastern Precincts of the Byron Bay Embayment............ 73

13.12   PLANNING - 24.2017.82.1 'Housekeeping' Amendment - Byron DCP 2014 (Various Chapters)......................................................................................................................................... 78

13.13   Draft Constitutions for new Biodiversity Advisory Committee and Sustainability and Emissions Reduction Advisory Committee...................................................................................... 86

13.14   24.2017.81.1 Amendment to DCP 2014 Chapter E5 - Bayshore Drive (Habitat).......... 90

13.15   PLANNING - Development Application No.10.2017.639.1 dual occupancy (detached), alterations and additions to existing dwelling house and two (2) lot strata subdivision of land at 33 Kallaroo Circuit Ocean Shores................................................................................................................. 97

13.16   PLANNING - 24.2018.6.1 - Car Share Policy and Draft Amendments to Byron Development Control Plan 2014 Chapter B4: Traffic Planning, Vehicle Parking, Circulation and Access..... 120

13.17   PLANNING - 26.2017.3.1 - Update on Planning Proposal for rezoning of land at Saddle and Gulgan Roads between Mullumbimby and Brunswick Heads.................................................. 127

13.18   Cities Power Partnership (CPP) Pledge....................................................................... 136

13.19   PLANNING - Development Application 10.2017.402.1 - Subdivision to create eighteen (18) residential allotments, a public reserve, a drainage reserve, a residual allotment, associated roads, earthworks, landscaping and infrastructure at 77 Tuckeroo Avenue Mullumbimby.... 138

13.20   PLANNING - Development Application 10.2017.364.1 - Boundary adjustment/Subdivision to create two lots at 25 Station Street Mullumbimby.................................................................... 155

13.21   Policy: Commercial use of road reserves..................................................................... 168

13.22   PLANNING - Development Application 10.2017.474.1 Multi Dwelling Housing Consisting of Twenty Five (25) 1 Bedrooms 70 - 90 Station Street Mullumbimby......................................... 170

Infrastructure Services

13.23   Mafeking Road and other requests to enact Council Policy 4.17................................. 209

13.24   Contributions for Secondary Dwellings ........................................................................ 218   

14.  Reports of Committees

Infrastructure Services

14.1     Report of the Local Traffic Committee Meeting held on 16 January 2018.................. 223   

15Questions With Notice

15.1     Bangalow Parking Strategy........................................................................................... 227

15.2     Sewer inspection reports............................................................................................... 228

15.3     General Manager delegations....................................................................................... 230

15.4     Sewer Pump Station 5004............................................................................................ 236

15.5     Crown Recreation Reserve 33876 (Lot 407 DP728640).............................................. 237

15.6     Simpsons Creek............................................................................................................ 238

15.7     Ocean Shores STP and Brunswick Valley STP........................................................... 239

15.8     Drain Clearing at Billinudgel.......................................................................................... 240

15.9     Bangalow Paid Parking and the NSW Heritage Register............................................. 241

15.10   Rural Accommodation Figures..................................................................................... 242

15.11   Byron Bay Bypass......................................................................................................... 244

15.12   Council Compliance regarding Tree Removal ............................................................. 245

15.13   Tyagarah Aerodrome.................................................................................................... 246

15.14   Byron Bypass................................................................................................................ 247

15.15   Brunswick Valley STP................................................................................................... 249

15.16   Byron Bay Ballooning ................................................................................................... 250   

 

 

 

 

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       Future Use of the Surplus Transport for NSW land in Mullumbimby

File No:                                  I2018/206

 

  

 

I move that Council:

 

 

1.    Write to the Minister for Transport, requesting time for Council to develop, through a carefully considered, community focused and design led process, preferred future use options for the surplus railway land in Mullumbimby as identified by Transport for NSW (TfNSW). Council also wishes to seek the deferment of any decision or process involved in offering the land for sale prior to any public tender process, so Council in partnership with the community, form and develop a proposal to either purchase the site or pursue a long term Community Title or lease arrangement. 

 

2.    When considering best use options for this site, Council notes:

 

a)   The strategically important position of the surplus railway land in Mullumbimby;

 

b)   The financially and environmentally detrimental impact unsympathetic development at the town’s entrance would have on its heritage character and tourist appeal;

 

c)   The collaborative and effective work recently undertaken by Council and its resident Guidance Group in considering the masterplan design and functionality of the town, its parking and mobility requirements, the urgent need for more diverse, affordable housing, and the potential to encourage small creative and start-up businesses to locate in the town and redress a significant shortfall in employment opportunities; and

 

d)   The rail corridor (either side of the existing rail line) is non-operational (as opposed to closed) and the corridor cannot and will not be declared surplus.

 

e)   The great opportunity for a partnership between TfNSW, Council and the Byron community to develop a mutually beneficial outcome of value to all.

 

3.    Write to Tamara Smith  MLA and Ben Franklin MLC seeking their support and advocacy within NSW Parliament and with TfNSW.

 

 

 

 

 

Background Notes:

 

It has come to light that land within the rail corridor dissecting Mullumbimby has been deemed surplus to the needs of its owner Transport for NSW and is likely to be put on the open market for sale in the near future. 

 

This parcel of land has long been identified as strategically vita. It Is the most visible a gateway to Mullumbimby and sits either side of rail infrastructure that should be maintained as such. It is large enough to address some of the desirable housing and economic outcomes sought by Council and the community. These include housing affordability and diversity, and creating spaces for small enterprises, work from home opportunities and other similar activities. All could contribute to maintaining a healthy town centre economy as well as help meet the need for housing appropriate for contemporary home buyers and renters of all ages.

 

As a first principle, we should acknowledge the great desire the sites do not to become a legacy of bad planning or create soulless development Council, the community and visitors will have to live with and regret for decades to come. Mullumbimby deserves development sympathetic to its character and heritage but is of its time and looks to the future.

 

The sites offer wonderful potential to be an exciting challenge and opportunity to realise best practice planning and environmentally, socially and economically sustainable development.

 

This Mayoral Minute does not commit Council to purchase the land, it simply seeks to enter into a dialogue with TfNSW in order to ensure time can be made available for Council to work with the community to develop design and use options, consider appropriate planning mechanisms to get the best outcome for the site’s future and, if possible, show that commercial sound outcomes that benefit TfNSW and Council can be identified. This is not something that can be properly done in a matter of weeks or a few months.

 

I believe we can get a group of local architects, town and social planners, and other local exerts, to put their collective minds and talents together. They would be fully briefed and charged with generating a range of options that helps the community identify those most suitable Mullumbimby but creates value for TfNSW. Let’s see if Council can assist with this process, work alongside the community to help facilitate the best outcomes, and ensure best practice design and planning approaches reflect the values and needs of the Mullumbimby community. The desirable end result would be LEP and DCP controls that ensure a superior development outcome on these critically important public land holdings.

 

Key connections to the Community Strategic Plan Include:

 

Community Objective CM3: Effective partnerships with all levels of government 

Community Objective EC1: A diverse inclusive economic base and support for local businesses 

Community Objective SC1: Support communities to achieve equitable access to an appropriate range and level of whole of life services such as healthcare, education and housing. 

SC2.4  Create vibrant liveable places and spaces within towns and villages for people of all ages and abilities. 

Community Objective EN2: Sustainable towns, villages and rural settlements that: respect our natural environment; create an inclusive social environment, and 

integrate harmoniously with the character of local areas; and provide more inclusive social environments 

 

Definition of the project/task:

Seeking  State government support for Council and community supported outcomes on the recently identified surplus Transport for NSW land in Mullumbimby

 

Source of Funds (if applicable):

None required at this stage

 

 

Signed:   Cr Simon Richardson

  


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Byron Bay Historical Walk - Stage 2

File No:                                  I2018/174

 

  

 

I move:

 

That council extend their support to the Byron Bay Historical Society History Trail expressed in Resolution 15-336 and allocate $8,000 plus some additional in-kind costs labour and materials to install QR code points on site.

 

 

Attachments:

 

1        BYRON BAY HISTORICAL SOCIETY FORESHORE HISTORY TRAIL, E2018/9406  

 

 

Signed:   Cr Basil Cameron

 

Councillor’s supporting information:

 

The Byron Bay Historical Society have been working on this project since 2014 and have allocated many hundreds of hours setting up the programming as well as investing several thousand’s in hardware and site development.

 

All the stories and the computer links and software is in place and all that is required now are the read points and posts in place to complete the project.

 

The Council did pass a resolution on the 17 July 2015 Res No 15-336

 

The council endorse the two projects outlined in report No 4.11215/554:

 

A) Foreshore History Trail

B) Byron Bay Whale trail

 

And provide permission for signage to be installed along the Byron Bay foreshore.

 

There was to be in-kind support for the history trail with out defining what the in-kind was to be. However some in kind assistance is continuing to be provided through Open Space staff.

 

This is an important project for residents to acknowledge the area’s history and to inform locals and visitors.

 

It is recommended that the requested funding be allocated from an appropriate tourism program as it is consistent with the aims of the Tourism Management Plan and dovetails with efforts to attract visitors interested in experiential tourism and helps to promote Byron Shire as a place to be enjoyed and respected.

 

A summary of the project and its benefits is attached.

 

Recommended priority relative to other Delivery Plan tasks:

 

As an ongoing joint project of the Byron Bay Historical Society and Council, the priority is considered high with significant benefits for the community.

 

Definition of the project/task:

 

Provide in kind support and funding to complete the Byron Bay History Trail in the form of read points and posts for signage.

 

Source of Funds (if applicable):

 

Crown Parking Reserve (for components on Crown Land managed by Council)

 

Staff comments by Michael Matthews, Manager Open Space and Resource Recovery, Infrastructure Services:

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

 

In-kind support can include:-

·  Dial Before you Dig searches and underground service locations

·  Confirming exact placement in consideration of maintenance, amenity and public safety.

·  Installation

 

The majority of the history trail is within Council managed Crown Land and as such, an appropriate funding source for any Council contribution would be Crown Paid Parking Reserve.

 

Financial/Resource/Legal Implications:

 

Council as the Trustee has authorisation to support and provide funds to enable this project (within land in which it is Trustee) to be delivered.  It is understood that the BB Historical Society have owners consent for elements of the project that are within National Parks and Wildlife Service Estate.

 

Is the proposal consistent with any Delivery Program tasks?

 

No

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Design Options for Jonson Street Protection Works

File No:                                  I2018/192

 

  

 

I move:

 

1.    That further options for the design of Jonson St protection works and Main Beach access be canvassed, evaluated and costed prior to any commencement of work.

 

2.    That OEH be invited to attend a future SPW asap to discuss new ideas and suggestions for a revitalized concept plan for the JSPW that meets their requirements of:

 

i.     protecting public assets

ii.    reducing the constructed footprint on the natural environment

iii.   having a positive impact on adjacent and downdrift beaches (Cavanbah, Belongil) i.e. removing the groynes

iv.   where possible, preferencing soft stabilization and the management of social and natural ecosystems.

 

3.    That Council engage a recognized and innovative coastal engineer, to explore and draw up a range of concept plans that meet OEH requirements and fit in with the Byron Bay Masterplan vision for Main Beach.

 

 

 

 

Signed:   Cr Jan Hackett

 

Councillor’s supporting information:

 

Main Beach, Byron Bay, is an international attraction and yet we must have the ugliest and

most dysfunctional beach frontage on the east coast of Australia.

 

Given the failure of the rock wall and groynes now in place, a reworking of this area, known as

Jonson St protection works, was submitted as part of the 2016 CZMP for the Byron Bay

Embayment - since rejected by the State Government Planning Department.

Minister Gabrielle Upton has invited Council to resubmit the eastern half of the rejected 2016

CZMP, of which the Jonson St protection works and beach access forms a major part.

The 2016 CZMP was decried by the community at large, which had no substantive say in its

design.

 

Rushed through by a committee with vested interests in the outcome for the western half of

the Plan (now delayed and to be designed separately under new CMP legislation), the work

to be done at Jonson St was little more than making a few small half baked adjustments and

alterations - eg. Removal of the groynes, securing the failing rockface in front of the degraded

carpark and adding some concrete steps and vehicular access to the beach itself.

It's hardly a plan to improve or beautify the beachfront and will not add any longevity to

protecting built assets over the coming years.

 

From recent coastal conferences, I have noted that marine engineers are now looking at new

and more innovative ways to to approach protecting beach assets from sea rise and storm

impacts. Somewhere between hard rock revetments (which scour the beach of sand - as we

have seen at Main Beach- and have a high failure rate), and retreat (although even that nasty

is now been considered and costed), there are middle ground options being designed and

proposed as alternative and gentler (but just as effective) ways of extending the life of both

the beach and the commercial & residential assets built on the beachfront itself.

 

Byron Shire calls itself an innovative and 'different' community which protects its environment

and lifestyle options. We need to demonstrate this by seeking innovative as well as cost

effective ways of improving our world famous foreshore and make it something we are truly

proud of.

 

Subsequent to the 8 February SPW, Chloe Dowset has approached the OEH and found they would be open to revisit the JSPW as per the 2016 CZMP and consider new concepts for the upgrade.

 

I move therefore that the OEH be invited to attend a future SPW asap to discuss new ideas and suggestions for a revitalized concept plan for the JSPW that meets their requirements of:

 

·   protecting public assets

·   reducing the constructed footprint on the natural environment

·   having a positive impact on adjacent and downdrift beaches (Cavvanbah, Belongil) i.e. removing the groynes for one

·   where possible, preferencing soft stabilization and the management of social and natural ecosystems.

 

Following the EOH workshop, I move that Council engage a recognized and innovative coastal engineer (similar to Angus Gordon for example), to explore and draw up a range of concept plans that meet OEH requirements and fit in with the BB Masterplan vision for Main Beach.

 

Supporting Images

 

 

 

 

../../My%20Pictures/hackettnom/IMG_0156.JPG../../My%20Pictures/hackettnom/IMG_0157.JPG../../My%20Pictures/hackettnom/IMG_0160.JPG


 

 

Staff comments by Shannon Burt, Director, Sustainable Environment and Economy:

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

 

A Strategic Planning Workshop (SPW) on the draft Coastal Zone Management Plan (CZMP) for the Eastern Precincts of the Byron Bay Embayment was held 8 February.

 

At this SPW, updates on the CZMP delivery, OEH advice and feedback to Council staff to date, proposed management strategies including the Jonson Street protection works (JSPW) were provided to councillors.

 

Councillors expressed concern about the concept plan for JSPW being that tied to the previous resolutions of Council; and asked about the ability to look at alternate options, now that the Masterplan has been adopted.

 

Following the SPW on 8 February, staff had discussions with OEH and they have confirmed:

 

1.    They do not require an adopted concept design for the upgrade of the JSPW for inclusion in the CZMP in order for the CZMP to be certified.

2.    They are supportive of revisiting and reconsidering other concepts for the upgrade of the JSPW.

 

To further discussion with Council, OEH have agreed to attend a future SPW with councillors this is anticipated for 8 March.

 

Noting that any future design for protection works must accord with any legislation applicable and best practice coastal management practice.

 

Financial/Resource/Legal Implications:

 

Unknown until the CZMP is finalised. Grant funding may be available to Council.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes - EN1.3.1 Implement Coastal Zone Management Program


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Submission: North Byron Parklands

File No:                                  I2018/193

 

  

 

I move:

 

1.       Council notes the Final Determination Report (‘determination approval’), Final Concept Approval (‘concept approval’) and Final Project Approvals (‘project approval’) of 24 April 2012 in relation to the Yelgun site (North Byron Parklands).

 

2.       Council notes the statement of the Final Determination Report on page 11 as follows

 

          After the trial period, the Commission considers that a new application should be lodged with Council for events to continue. In considering any future project applications, the Council must take into consideration the performance of events during the trial, the effectiveness of the management plans, the monitoring results of environmental conditions and the completion of Stage 2 works (on-site sewerage and water infrastructure).

 

3.       Council prepares a submission in relation to Cultural Events Site - State Significant Development Application (SSD 8169) (‘the application’) affirming that the environmental and community interests are best served if an application for a permanent events site were to be assessed, considered and determined by Byron Shire Council in accordance with the statement of the Planning Assessment Commission (PAC) set out in 2 above.

 

4.       The submission to PAC note with concern that the application is proceeding without the following conditions of the concept approval being met.

 

          B4(3) The stage 2 works must be completed prior to any outdoor event after 2017. C1(2) The stage 2 works must be completed before any outdoor events are held after 2017

 

Note: Stage 2 works include ‘a water treatment facility’ and  ‘a wastewater treatment facility’.

 

5.       The submission notes the unreasonable difficulties that residents and others including community representatives on the Regulatory Working Group (RWG) have experiences in having concerns addressed by DPE and details issues, complaints and submissions, previously raised by Council, residents, businesses and others regarding the application or otherwise of approval conditions during the trial period.

 

6.       The submission states that the proposed increase in numbers or frequency of events is not currently justified given the lack of stage 2 facilities and impacts on the environment, residents and others in the community.

 

7.       The submission notes that the proponents did not meet with Council staff prior to lodgement of the application and details issues raised by staff in meetings with DPE including, but not limited to the following.

 

a) The current events operations and associated on site and off site impacts at its current approved capacity – and how these events are being monitored and PAC conditions enforced as this is critical to how the site or events could be managed at double or triple the number.

 

b) The large volume of documents to be reviewed and the complexity of the proposal and variations to the existing development requiring time and specialist staff for this review to occur - e.g. ecology, noise, infrastructure water and sewer, road, stormwater, flooding, traffic - and what specialist staff did the DPE have to do this.

 

c) The timing and length of exhibition period given the above and Council meeting cycle, noting a community desire for an independent review of the trail period and application as well as and extended exhibition period until at least 2 March.

 

 

 

 

 

Signed:   Cr Basil Cameron/Cr Cate Coorey

 

Councillor’s supporting information:

 

In 2008 Council approved a trial event at the North Byron Parklands site at Yelgun. This approval

was subsequently quashed by the Land and Environment Court due to the proposal to build a road

through the 7k wetlands environmental zone (equivalent E2 zone under the current LEP). The

Court also noted a ‘place of assembly’ was also not permitted in a 7k zone.

 

Although the environmental sensitivity and importance of the land zoned 7k has not changed, an

application to the Planning Assessment Commission (PAC) nevertheless approved the creation of

an events site for a five year trial in 2012. The PAC approval stated that Council should be the assessment authority for any application after the trial period.

 

As indicated by the wording of the motion a significant number of issues are outstanding and have

not been satisfactorily resolved and have remained the subject of considerable community concern

and debate during the trial period. These include significant issues such as noise, anti social impacts on surrounding communities as well as concerns about effective safety and evacuation measures and environmental monitoring that has not been as robust as intended by the PAC approval.

 

As noted in the motion key infrastructure including a wastewater treatment facility and water treatment facility required to have been constructed and operational prior to any application for a permanent event site have not been undertaken in accordance with conditions of the PAC approval.

 

As such an increase in the numbers of attendees to 50,000 people for large events can not be

supported.

 

The motion also refers to the numbers and complexity of the documentation and concerns raised

by staff in discussions with DPE regarding sufficient time for effective evaluation of the proposal

and outstanding issues. For this reason, the full extent of matters to be covered in a submission

can not be included by the deadline for submission of this Notice of Motion. Therefore it is intention

of the mover and seconder to continue to compile matters into a single document and distributed

to Councillors as soon as possible prior to the meeting on 22 February. It is proposed that the

document will then be referenced in the motion to be put to Councillors at that meeting.

 

Recommended priority relative to other Delivery Plan tasks:

 

High. Submission due by 2 March 2018

 

Definition of the project/task:

 

Prepare submission regarding ‘the application’ incorporating discussion of issues as stated in the

motion.

 

Source of Funds (if applicable):

 

N/A

 

Staff comments by Shannon Burt, Director, Sustainable Environment and Economy:

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

 

A staff meeting was recently held with DPE staff regarding the North Byron Parklands applications advising of Council’s intention to lodge a submission, but difficulties to do so due to the timing and length of the exhibition period.

 

In response the DPE has extended the time for Council to lodge a submission to 2 March to enable

consideration of the applications at the 22 February meeting.

 

Staff will incorporate the issues as stated in the motion in the Council submission.

 

Financial/Resource/Legal Implications:

 

N/A

 

Is the proposal consistent with any Delivery Program tasks?

 

N/A

  


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.1

 

 

Petitions

 

Petition No. 10.1         Speed Limits and Signage on The Pocket Road

Directorate:                 Infrastructure Services

Report Author:           Evan Elford, Team Leader Infrastructure Planning  

File No:                        I2018/107

Theme:                         Community Infrastructure

                                      Roads and Maritime Services

 

At Council’s Ordinary meeting held on 1 February 2018, Cr Richardson tabled a petition containing 16 signatures which states:

 

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

 

·    Traffic travelling along this stretch of The Pocket Road should be restricted to a speed of 60 km/hr

 

·    Clearer signs should be placed along The Pocket Road to indicate the intersections with Moffatts Road and Middle Pocket Road.

 

·    Traffic should be warned about the concealed driveways by appropriate signs.”

 

Comments from Director Infrastructure Services:

 

The petition has been listed as an agenda item for the Local Traffic Committee (LTC) for consideration at its meeting on 20 March 2018

 

  

 

RECOMMENDATION:

1.       That the petition regarding Speed Limits and Signage on The Pocket Road be noted.

 

2.       That the petition be referred to the Director Infrastructure Services.

 

3.       That in accordance with Council Resolution 18-035, Council receive a further report regarding speed limits and signage on The Pocket Road following consideration of the  petition by the Local Traffic Committee.

 

 

 

 

  


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Byron Shire Council Submissions and Grants as at 31 January 2018

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2018/73

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 and Attachment (E2018/6444)

 

 

 

Attachments:

 

1        Byron Shire Council Submissions and Grants as at 31 January 2018, E2018/6444  

 

 


 

Report

 

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

 

Funding Applications – Successful

 

·    Brunswick Heads Boat Harbour Boat Ramp - $500,000

 

Additional information on the grant submissions made and/or pending is provided in Attachment 1 – Submissions and Grants report as at 31 January 2018.

 

Financial Implications

 

If Council is successful in obtaining the identified grants more than $20 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

20,300,170

Council cash contribution

11,127,343

Council in-kind Contribution

394,280

Other contributions

17,329,960

Funding applications submitted and awaiting notification (total project value)

50,388,891

 

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           Operational Plan 2017-2018 - 6-month progress report to 31 December 2017

Directorate:                 Corporate and Community Services

Report Author:           Mila Jones, Corporate Governance Coordinator

File No:                        I2017/1028

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Council’s Operational Plan outlines its projects and activities to achieve the commitments in its four-year Delivery Program.

 

This report summarises the Council’s progress towards achieving the annual activities contained in the 2017-2018 Operational Plan.   This report is the six-month progress report as at 31 December 2017.  More than 36 per cent of activities have been completed, 61 per cent substantially completed and 2 per cent yet to commence.

 

 

  

 

RECOMMENDATION:

That Council note the six-month progress report to 31 December 2017 (Attachment 1 E2018/10208) on the Operational Plan 2017-2018.

 

Attachments:

 

1        Delivery Program 2017-2021 Progress Report 01/07/17 to 31/12/17, E2018/10208  

 

 


 

Report

 

The purpose of this report is to provide Council with the six month progress report on the annual Activities contained in the Operational Plan 2017-2018, as at 31 December 2017.  The Operational Plan 2017-2018 is the annual activities component of the 2017-2021 Delivery Program adopted by Council on 22 June 2017.

 

The Operational Plan progress report contains üAchieved  lSubstantially achieved  ûNot achieved icons for “at a glance” progress status.  It also includes “exception” reporting explanatory notes where progress indicators have a red status.  A comprehensive progress report is provided at Attachment 1, and a summary is set out here:

 

 

36.5%

completed

 

 

61%

substantially
completed

 

 

2.5%

not achieved

 

 

Achievements

 

Notable achievements (grouped by Community Strategic Plan theme) for the six month period include:

·    Corporate management – Total grant funding won $12,061,092 with an application success rate of 75% (projects won - 21 of 29); a crisis management team has been established to develop Council’s approach to business continuity and improvements to disaster recovery planning with community and authorities; A deliberative, participatory planning process is underway with the Mullumbimby Hospital Site Project Reference Group

·    Economy – The Byron Region Food booklet has been produced; business survey resulted in over 1000 responses; the Chincogan Charge was secured as a new event

·    Society and Culture – Rail Park and Rail Corridor catalyst site projects have commenced

·    Environment – the Flying Fox Management Plan and the Rural Land Use Strategy have been adopted

·    Community infrastructure – Masterplan ready for endorsement on 1 February 2018;

21 heritage style enclosures, were removed and replaced with a combination of 28 waste and 26 recycling bins;

32 bins removed from Byron Bay in 2016 were upcycled for use double/triple enclosures in the main streets and at the netball courts;

12 of the removed heritage bins have been reused in the surrounding parks and cemetery;

Completion of Stage 1 of Byron Resource Recovery Collection Masterplan – Mobile Aerated Floor Composting Facility

 

Financial Implications

 

The Council’s financial performance for the reporting period is addressed in the Quarterly Budget Review, which is subject to a separate report.

 

Statutory and Policy Compliance Implications

 

The General Manager is required under Section 404 (5) of the Local Government Act 1993 to provide regular progress reports as to the Council’s progress with respect to the principal activities detailed in the Delivery Program/Operational Plan.  Progress reports must be provided at least every six months.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Report No. 13.2           Council Resolutions Quarterly Review - 1 October 2017 to 31 December 2017

Directorate:                 Corporate and Community Services

Report Author:           David Royston-Jennings, Corporate Governance Officer

File No:                        I2018/3

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

This report provides an update on the status of Council resolutions.

 

Council should note that 104 resolutions were completed during the period 1 October to 31 December 2017, which is an increase from 79 resolutions completed during the previous quarter and 92 resolutions completed during the same period in 2016.

 

There were 131 active resolutions as at 31 December 2017. Of these 131 active resolutions, only 6% had not received any action recorded towards implementation within 30 days as at 31 December 2017.

 

Resolutions could be active or overdue as a result of budget constraints, staff resourcing, extended negotiations with stakeholders, or other reasons.

 

 

  

 

RECOMMENDATION:

1.       That Council receive and note the information provided in this report on active Council Resolutions in Attachment 1 (#E2018/2576).

 

2.       That Council note the completed Resolutions in Attachment 2 (#E2018/1123).

 

3.       That Council close Resolutions 16-530, 17-121, 17-260, 17-369, 17-386, 17-521 and 17-665, due to them being no longer relevant, superseded by subsequent resolutions, or not resourced.

 

 

Attachments:

 

1        Active Council Resolutions as at 31 December 2017, E2018/2576  

2        Completed Council Resolutions 1 October 2017 - 31 December 2017, E2018/1123  

 

 


 

Report

 

This report provides a quarterly update on the status of Council Resolutions to 31 December 2017.

As at 31 December 2017:

 

·   104 resolutions were completed since 1 October

·   131 resolutions remained active

 

The active Council resolutions per Council terms are provided below:

 

·   112 active Council Resolutions from current Council (2016-2020)

·     18 active Council Resolutions from previous Council (2012-2016)

·       1 active Council Resolution from prior Council (2008-2012)

 

It is worth noting when considering the increase in active resolutions during this period that between 1 October and 31 December 2017 Council held three Ordinary meetings and two Extraordinary meetings. These five meetings took place within a 49 day period, meaning that Council met once almost every ten days during this time, resulting in an increase of resolutions.

 

Resolutions completed during this reporting period include adoption of the Supporting Partnerships Policy, endorsement of the 2016/17 Annual Report, a review of Mullumbimby Outside of School Hours Care Services, granting of licences for surf schools, adoption of the 2018 meeting schedule and review of paid parking in Bangalow. 

 

Details of completed resolutions for the period are provided at Attachment 2 (E2018/1123). 

 

Table 1 provides a summary of Council resolutions that are no longer relevant or that have been superseded either by other resolutions, legislative change or other matters.

 

Table 1: Council resolutions that are no longer relevant or that have been superseded by other resolutions:

 

Meeting Date

Resolution No.

Report Title

Staff Comments and Recommendation

16/10/2016

16-530

Review of Policy 15/005 and Procedures for Advertising of Proposed Development and Approvals

Amendments to the NSW Planning Act in effect. New Regulations to be developed to support the changes including requirements for advertising and notification of development applications. A review of Council’s DCP can occur following the release of more  information from DPE.

24/08/2017

17-369

Power Up – Northern Rivers Electric Vehicle Strategy

Strategy has been launched. Follow up work to be incorporated into the Emissions Reduction Strategy program Res 17-639.

21/09/2017

17-386

Byron Energy Action Tank

Superseded by Res 17-640.

26/10/2017

17-521

Update Draft Coastal Zone Management Plan – Byron Bay Embayment

Superseded by Res 17-641.

20/04/2017

17-121

Review of Tyagarah Airstrip Proposal.

Superseded by Res 17-327.

22/06/17

17-260

Byron Affordable Housing Summit Issues Action Plan

Superseded by Res 17-432, Res 17-601 & Res 17 643.

 

Table 2 provides a summary of Council resolutions that cannot be implemented due to resources not being available, allocated, or are allocated to other adopted projects, services, activities or works. Any resulting decisions of Council will be incorporated into the next quarterly review of resolutions.

 

Table 2: Council resolutions that are not resourced

 

Meeting Date

Resolution No.

Report Title

Staff Comments and Recommendation

14/12/2017

17-665

Planning – s96 10.2016.551.2 S96 for Design Amendments to Dwelling House at 70 Kingsley Street

The resolution requires Council to complete a review on heritage conservation areas or precincts in Byron Bay. This project is subject to funding under the Office of Environment and Heritage – NSW Heritage Grants Program which is not open again until late 2018.

 

Financial Implications

 

A number of resolutions note that resource constraints limit completion of action required.

 

Statutory and Policy Compliance Implications

 

·     Council requires a quarterly report be prepared to allow it to consider the six monthly Operational Plan and Quarterly Budget reviews along with a review of Council Resolutions.

·     Implementation of Council Resolutions in accordance with the Local Government Act 1993.

·     This report has been prepared in accordance with Part 3c) of Resolution 14-417.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Draft Community Strategic Plan and Community Solutions Panel

Directorate:                 Corporate and Community Services

Report Author:           Mila Jones, Corporate Governance Coordinator

File No:                        I2017/2082

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

A new Community Strategic Plan has been drafted and is presented to Council for endorsement for public exhibition.

 

Council undertook a significant engagement program in late 2017 to understand the community’s priorities and aspirations for Byron Shire for the next ten years. More than 2000 people provided feedback through various channels including targeted engagement undertaken by the Mullumbimby and District Neighbourhood Centre.

 

A brief summary of engagement outcomes include:

·     Desire for improvements to infrastructure

·     Managing growth and change

·     Addressing affordability

·     Balancing the benefits and impacts of tourism

·     Need for more community-led decision making

·     Lack of trust in Council decision making and in groups or organisations

·     A feeling of inequitable resource allocation across the Shire

·     Ensuring the natural environment is protected

·     Improving transport

·     Support and promotion of arts and cultural programs

·     Concern about lack of community connectedness, access to housing and safety

 

The Community Strategic Plan has been drafted to explicitly address this feedback – it is essential that the plan reflects community priorities and aspirations.  It is a collective document that needs to be owned by the community, Council and other partners.

 

The draft plan sets out an overarching vision for the next ten years.  The vision will be delivered through five key objectives (as outlined below) and supporting strategies:

1.    We have infrastructure, transport and services which meet our expectations

2.    We celebrate our lifestyle, culture and sense of community

3.    We protect and enhance our environment

4.    We manage growth and change responsibly

5.    We have community-led decision making which is open and inclusive

 

Should Council endorse the draft plan, public exhibition will be undertaken during March.

 

As resolved by Council at its 1 February 2018  meeting (resolution 18-027), a Community Solutions Panel will be administered by research foundation newDemocracy, where a group of 28 randomly selected community members prepare recommendations on Council’s infrastructure priorities.

 

This report details the engagement outcomes from consultation undertaken last year, outlines the key components of the draft Community Strategic Plan and summarises proposed engagement activities moving forwards.

 

 

  

 

RECOMMENDATION:

That Council:

1.    Notes the outcomes from community engagement undertaken in late 2017 (Attachment 1 E2018/10080) and that the report be published.

 

2.    Endorses “Our Byron, Our Future” (draft Community Strategic Plan 2028) (Attachment 2 E2018/10708) for public exhibition and seeks feedback specifically on:

a)    Proposed vision

b)    Proposed strategies

c)    Unique characteristics for each village and township (which will be developed in partnership with masterplan and guidance groups)

 

3.    Should there be no submissions received, adopt “Our Byron, Our Future”, however if submissions are received, a further report will be brought to Council reporting on the submissions with a revised Plan where necessary.

 

Attachments:

 

1        Community Strategic Plan 2028 Engagement Outcomes Report, E2018/10080  

2        Draft Community Strategic Plan 2028 - For Public Exhibition, E2018/10708  

 

 


 

Report

 

The new Community Strategic Plan (CSP) has been developed to guide long term future planning to meet the needs and aspirations of the community.  This latest review is an opportunity for a fresh approach to long term strategic planning, driven by community input following a comprehensive engagement program.

 

On 24 August 2017, Council endorsed the CSP review project plan and engagement strategy.  In keeping with the project plan and engagement strategy, a draft CSP has been developed and informed by the outcomes of the community engagement activities to-date. 

 

A sound CSP can be used by councils and other stakeholders in the community as a lobbying tool, to support funding applications and to confirm strategic priorities.

 

Engagement activities and participation

 

The overall phase one engagement objectives were to:

 

·     Inform the community and stakeholders about the development of a new CSP

·     Provide an opportunity from the outset for the community and stakeholders to be involved in the development of the new CSP

·     Seek input on a long-term vision for Byron Shire

·     Gain a better understanding of local community issues and priorities

·     Hear from as many people across the Shire as possible

·     Hear from a diverse range of individuals and groups

·     Provide opportunities for both face to face and online engagement

 

The first phase of engagement commenced on 3 November 2017 and concluded on 19 December 2017.  The total number of people who actively participated in the engagement process was 2,769 people - 265 people attended a workshop, 883 people engaged online and using social media, 420 people attended an interactive pop up activity and 3 people provided a written submission.

 

The engagement program has included 76 hours of face to face engagement supported by other online activities:

 

·     Community, stakeholder, Progress Association, Masterplan and Village Guidance Group, and Community Roundtable workshops

·     Interactive pop-up activities

·     Councillor workshops and briefings

·     Aboriginal Services Coalition meeting

·     Staff workshop, survey and forum

·     Online survey

·     Online 'Big ideas for Byron Shire' activity

·     Online 'Stories of Byron Shire' activity

·     Social media posts, videos and discussion

·     Survey for local businesses

·     Mullumbimby and District Neighbourhood Centre - Harwood community engagement approach

 

In conjunction with the Our Byron Our Future engagement, activities targeting local businesses and ‘hard to reach’ people were carried out. These activities comprised of a business survey which had 895 participants and a Harwood community engagement approach run by the Mullumbimby and District Neighbourhood Centre which directly engaged 303 people living in the post code 2483.

 

Council staff and Councillors were also consulted during a staff workshop and at two Strategic Planning Workshops.

 

Have your say - Our Byron Our Future
(www.yoursaybyronshire.com.au/ourbyron)

 

Engagement outcomes

 

The key themes that emerged commonly across all types of engagement with the community, and which have been used to inform the draft CSP include:

 

·     Desire for improvements to infrastructure, with an emphasis on fixing local roads

·     Managing growth and change while protecting the lifestyle which makes living in Byron Shire unique

·     Providing strategies to ensure living in Byron Shire is affordable for locals and future generations, and to ensure young people don't have to move from the area due to lack of employment or housing options

·     Balancing the benefits and impacts of tourism in a sustainable manner which provides maximum value for the local community

·     Providing opportunities and support for greater levels of community lead involvement and empowerment in local decision making

·     A lack of trust in Council decision making, and a feeling that past feedback has been ignored or not acted upon by elected Councillors and staff

·     A feeling of inequitable resource allocation across the Shire, with a feeling that the Byron Bay town centre receives more resourcing and service than other parts of the Shire

·     Ensuring the natural environment is protected and that Council supports the community to develop climate friendly initiatives

·     Investigating opportunities and strategies to improve transport across the Shire

·     Greater support and promotion of arts and cultural programs across the Shire

 

Comprehensive details can be read in the Community Engagement Outcomes report at Attachment 1 to this report. 

 

Targeted conversations

 

The Mullumbimby and District Neighbourhood Centre Inc. (MDNC) partnered with Council to carry out targeted engagement of people in the post code of 2483. The purpose of this pilot was to hear from people who may not usually engage with Council on a topic such as the CSP, and to take the engagement process out in to the community as opposed to in a Council meeting room.

 

The main concerns raised included lack of community connectedness, access to housing, safety, a lack of trust in groups or organisations and a desire to see action out of engagement.

Development of the CSP

 

Based on the key engagement outcomes a draft CSP has been developed for public exhibition.  It seeks to provide an overarching vision supported by objectives and strategies.  It is important that there is a clear line of sight between community feedback and the proposed objectives and strategies.   

 

Based on the feedback that emerged from the engagement process, a community vision has been identified as:

 

Our community is empowered to be creative, innovative and listened to as we shape the future way of living that we want.

 

While we strongly protect our Shire; its natural environment, lifestyle, diversity and community spirit, we welcome visitors and the contribution they make to our culture.

 

Our future is sustainable, we have the services and infrastructure we need to thrive, and we encourage and support local business and industry.

 

We foster the arts and cultural activities, respect and acknowledge our first peoples and celebrate and embrace diverse thinking and being.

 

Council is seeking feedback on this draft community vision and a final vision, based on further community input, will be decided following the public exhibition period.

 

The CSP has set the following community objectives and supporting strategies to achieve our vision.

 

Community Objective 1:   We have infrastructure, transport and services which meet our expectations

Supporting Strategies:

1.1     Provide a road network which is safe, accessible and maintained to an acceptable level of service

1.2     Provide essential services and reliable infrastructure which meet an acceptable community standard

1.3     Support, through partnership, a network of integrated sustainable transport options

1.4     Provide a regular and acceptable waste and recycling service

1.5     Provide continuous urban water and sewerage services within the Shire

1.6     Manage traffic and parking in an efficient manner

 

Community Objective 2:   We celebrate our lifestyle, culture and sense of community

 

Supporting Strategies:

2.1     Support and encourage our vibrant culture and creativity

2.2     The community is provided with a wide range of services, by Council and other agencies, that contribute to the wellbeing of the Byron Shire community.

2.3     Provide and facilitate access to local community spaces, facilities and activities

2.4     Support a culture of community safety and respect for local values

 

Community Objective 3:      We protect and enhance our natural environment

 

Supporting Strategies:

3.1     Partner to protect and enhance our biodiversity, ecosystems and ecology

3.2     Strive to become a zero emissions community

3.3     Partner to protect and enhance the health of the Shire’s coastlines, estuaries, waterways and catchments

3.4     Support and future proof our local farmers and our food bowl

 

Community Objective 4:      We manage growth and change responsibly

 

Supporting Strategies:

4.1     Manage development to respect the character of our towns and villages 

4.2     Support affordable housing in appropriate locations across the Shire

4.3     Promote and support local business development, education and employment opportunities

4.4     Support tourism and events that reflect our culture and lifestyle

4.5     Work to improve community resilience in our changing environment

 

Community Objective 5:      We manage growth and change responsibly

 

Supporting Strategies:

5.1     Engage and involve community in Council’s decision making process

5.2     Create a culture of trust with the community by being open, genuine and transparent

5.3     Support Councillors to carry out their duties

5.4     Allocate resources in a fair and holistic manner

5.5     Deliver a high level of customer service

5.6     Manage Council’s finances, assets and workforce sustainably

 

The next level of planning and reporting comes in the form of the four year Delivery Program, which describes how the vision and community outcomes outlined in the CSP are to be translated into actions through specific activities and programs.  To arrive at this next level of planning, further steps are required and are discussed below.

 

Next steps

 

The Community Engagement Outcomes report will be made available to the community, and can be read in conjunction with the Strategic Issues Paper which is available on the “your say Byron Shire” website at www.yoursaybyronshire.com.au/30886/documents/68147.

 

Phase two of the engagement activities, which have already commenced and will continue during the public exhibition phase of the draft CSP 2028 includes:

 

a)      Performance and Wellbeing Indicators Framework

 

As part of phase two of the CSP engagement program a series of high level, overarching performance indicators will be determined. These indicators will provide a way of measuring how Council is progressing to achieving the community vision.

 

 

Council is in the process of developing a community wellbeing indicators framework. The community is currently being asked to provide feedback via our “Happy Byron” Survey (available at www.yoursaybyronshire.com.au/happybyron) on elements of this framework, with a view to help improve wellbeing in our area and to develop a baseline of community wellbeing to enable measurements of success in this field. 

 

b)      Community Solutions Panel

 

As resolved by Council at its 1 February 2018 (RES 18-027) meeting, a Community Solutions Panel will be administered by research foundation newDemocracy, where a group of 28 randomly selected community members prepare recommendations on Council’s infrastructure priorities.

 

To engage even more thoroughly with the community about how resources should be allocated over coming years a project is underway to see if a community deliberation can be designed which delivers an informed voice of everyday people. This informed voice will directly consider resourcing issues which will be at the centre of Council's Delivery Plan. nDF’s intent is to:

 

Undertake a bespoke jury-style process – a Community Solutions Panel – so that a group of randomly-selected local residents with time, free access to information, a clear authority and given the starting point of possible solutions (prepared by active interests and Council), can reach a shared, considered judgement, reflecting the views of everyday people and thus assist councillors to make a more widely-trusted public decision.

 

The aim is to provide a transparent, robust and genuine process with a methodology which all interests can see is fair and can therefore accept the results.

 

The following table outlines the proposed activities and timeline for this process:

 

Date

Activity

End January

Email invitation distributed and targeted face-to-face recruitment

Early February

Recruitment period

February

Solicitation of proposed solutions from stakeholders through community workshops and online

End February

Panel randomly selected, notified and confirmed

End February

Briefing Book sent to panellists

Wednesday, 7 March

Introductory meeting of Panel (Council presentation)

Saturday, 10 March

First meeting (engagement with Councillors and exploration of solutions proposed by stakeholders)

Saturday, 17 March

Second meeting of Panel (exploration)

Saturday, 24 March

Third and final meeting of Panel (deliberation and produce recommendations)

 

Council staff then incorporate into draft Delivery Plan in readiness for exhibition

5 April

Panellists present recommendations to Councillors

19 April

Council meeting to refer draft Delivery Program for exhibition

30 April – 27 May

Formal exhibition of Delivery Program

7 June

SPW on exhibition feedback and any issues arising

21 June

Council meeting to adopt Delivery Program (and all other documents)

 

c)      Delivery Program and Operational Plan

 

Cascading out of the ten year strategies of the CSP come the four year actions in our Delivery Program to meet those strategies and then the annual activities in our Operational Plan to meet the four year actions. Phase two of the community engagement program will assist Council and staff to consider priorities and resourcing for the Delivery Program.

 

As indicated in the activity timeline above, it is proposed that once the final CSP has been endorsed in late March and further consultation has taken place, a draft Delivery Program and Operational Plan will be brought to Council on 19 April for public exhibition.

 

Financial Implications

 

The development of the Community Strategic Plan is included in the 2017/18 budget (account 2052.4). Expenditure includes engagement specialists, research fund contribution, documentation preparation, advertising costs and miscellaneous items including staff overtime, equipment and hall hire of approximately. 

 

An adjustment has been included in the December 2017 Quarterly Budget Review to accommodate the Community Solutions Panel project.

 

Statutory and Policy Compliance Implications

 

1.       The Integrated Planning and Reporting Framework is governed by Section 402 of the Local Government Act 1993:

 

402 Community strategic plan

(1)     Each local government area must have a community strategic plan that has been developed and endorsed by the council. A community strategic plan is a plan that identifies the main priorities and aspirations for the future of the local government area covering a period of at least 10 years from when the plan is endorsed.

 

(2)     A community strategic plan is to establish strategic objectives together with strategies for achieving those objectives.

 

(3)     The council must ensure that the community strategic plan:

(a)     addresses civic leadership, social, environmental and economic issues in an integrated manner, and

(b)     is based on social justice principles of equity, access, participation and rights, and

(c)     is adequately informed by relevant information relating to civic leadership, social, environmental and economic issues, and

(d)     is developed having due regard to the State government’s State Plan and other relevant State and regional plans of the State government.

 

(4)     The council must establish and implement a strategy (its community engagement strategy), based on social justice principles, for engagement with the local community when developing the community strategic plan.

 

(5)     Following an ordinary election of councillors, the council must review the community strategic plan before 30 June following the election. The council may endorse the existing plan, endorse amendments to the existing plan or develop and endorse a new community strategic plan, as appropriate to ensure that the area has a community strategic plan covering at least the next 10 years.

 

(6)     A draft community strategic plan or amendment of a community strategic plan must be placed on public exhibition for a period of at least 28 days and submissions received by the council must be considered by the council before the plan or amendment is endorsed by the council.

 

(7)     Within 28 days after a community strategic plan is endorsed, the council must post a copy of the plan on the council’s website and provide a copy to the Departmental Chief Executive. A copy of a community strategic plan may be provided to the Departmental Chief Executive by notifying the Minister of the appropriate URL link to access the plan on the council’s website.

 

2.       The Office of Local Government’s Guidelines list all the mandatory requirements from the Act, the Regulation and the Essential Elements that the Guidelines require that councils follow. Councils must comply with these Essential Elements when planning and reporting to comply with the Local Government Act.

 

With regard to the CSP, the Essential Elements prescribe:

 

What are the general requirements of the Community Strategic Plan?

1.1     The Community Strategic Plan should be developed and delivered as a partnership between the council, state agencies, community groups and individuals. It should address a broad range of issues that are relevant to the whole community.

 

What information must be considered when preparing the Community Strategic Plan?

1.2     Information that identifies key issues and challenges must be presented to the community in an accessible format to assist its participation in the planning process.

1.3     In addition to the legislative requirement to consider State government plans, any relevant State or regional draft plans and strategies that are available at the time of preparing the Community Strategic Plan must also be considered.

1.4     Due consideration must also be given to the expected levels of service expressed by the community when preparing the Community Strategic Plan. Even though the Community Strategic Plan is a high level strategic document, these discussions are important to inform development of this plan and actions within subsequent plans.

 

How should the community be involved in preparing the Community Strategic Plan?

1.5     As a minimum, the Community Engagement Strategy prepared and implemented by the council must identify relevant stakeholder groups within the community and outline methods that will be used to engage each group.

1.6     The council must place the Draft Community Strategic Plan on public exhibition for a period of at least 28 days and comments from the community must be accepted and considered prior to the endorsement of the final Community Strategic Plan.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           Update on Resolution 17-585 regarding Adani and the Carmichael mine

Directorate:                 Corporate and Community Services

Report Author:           Bronwyn Challis, Strategic Procurement Co-ordinator

Tony Nash, Manager Works

File No:                        I2018/30

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

On 23 November 2017, Council resolved (Res 17-585) to implement a range of actions in regards to Adani, the Carmichael mine and Byron Shire Council’s use of contractors who are involved in the construction or operation of the Carmichael mine or otherwise have ties to Adani.

 

This report provides an update to Councillors and the Byron Shire community on the implementation of Resolution 17-585.

 

 

  

 

RECOMMENDATION:

That Council:

 

1.       Notes the work done to date to implement Resolution 17-585.

 

2.       Notes that correspondence received from Downer confirms that they have no intention of pursuing contracts for work on the Carmichael mine and Downer is now listed in the “Who’s Out” section of the Market Forces website Adani list.

 

3.       Resolves to continue Contract 2015-0026 with Downer EDI for the Supply and Delivery of Emulsion.

 

4.       Resolves to continue Contract 2016-0017 with Skilltech Consulting Services (a subsidiary of Downer) for Water Meter Reading.

 

5.      Resolves to continue Contract 2017-0016 NOROC Road Surfacing Services for asphalt supply and lay, pavement stabilisation and bitumen sealing with Downer P/L, RPQ Group and NSW Spray Seal P/L  (a subsidiary of Downer) as panel contractors.

 

6.       Resolves to continue the progressive procurement engagements with GHD for the restoration of landslips funded through the NDRRA Program as detailed in this report.

 

7.      Resolves to continue the existing procurement engagements with GHD for the finalisation of the North Ocean Shores Fire Main Upgrade and Byron STP Odour Control Upgrade Inlet Works Investigation.

 

Attachments:

 

1        Confidential - Council-Downer contract - legal advice, E2018/4709  

2        Downer press release regarding Adani and Carmichael mine, E2018/4369  

3        Letter to Prime Minster regarding procurement with Adani related companies Res 17-585, E2017/114030  

4        Letter to Premier of Queensland regarding procurement with Adani related companies Res 17-585, E2017/114023  

5        PDF version of E2017/113291 Letter to Mayors and Councillors regarding procurement with Adani related companies Res 17-585, E2018/4735  

6        PDF Copy of E2017/109247 Companies that may have ties to Adani - Procurement Toolbox 2017, E2018/5228  

7        Pdf Copy of E2018/4676 Letter (No 2) to Arrium, Cardno, GHD, Komatsu, Price Waterhouse Cooper (PWC), QBE, Skilltech Consulting, SMEC, Worley Parsons and WSP Parsons Brickerhoff re involvement with Adani in construction of the Carmichael mine to advise of, E2018/5244  

8        PDF Copy of E2018/4678 Letter (No 3) to Aracdis and Zurich re involvement with Adani in construction of the Carmichael mine to advise of resolution 17-585 - Aradis and Zurich, E2018/5246  

9        PDR Copy Of E2018/3875 Letter (No 1) to Downer re involvement with Adani in construction of the Carmichael mine to advise of resolution 17-585, E2018/5241  

10      Memo to all staff re Procurement from companies with ties to Adani, e2018/4709  

11      Confidential Attachment for Council Report to 22 February 2018 Meeting regarding an update to Councillors re Adani & Res 17-585., E2018/8683  

12      Downer response to BSC - Feb 2018, E2018/10510  

 

 


 

Report

 

On 23 November 2017, Council resolved (Res 17-585) a range of actions in regards to Adani, the Carmichael mine and Byron Shire Council’s procurement from suppliers who are involved in the construction or operation of the Carmichael mine or otherwise have ties to Adani.

 

Below is an update on the implementation of each part of the resolution:

 

1.   Council note the Stop Adani campaign event in Byron Bay and events around Australia for the National Stop Adani Day of Action on 7 October 2017 to support the farmers directly affected and the wide community’s concerns over this mine.

 

Noted. No other action required.

 

2.   Council resolves not to contract or engage in services under an existing contract with Downer EDI or any of its subsidiaries, including the RPQ Group and NSW Spray Seal, until they publicly withdraw from their agreement with Adani to construct and operate the Carmichael mine and publicly renounce any further involvement with Adani and the Carmichael mine.

 

On 18 December 2017, Downer EDI Limited issued a press release which has been attached to this report announcing that “Adani and Downer have mutually agreed to cancel all Letters of Award relating to the [Carmichael] mine services and related infrastructure. Downer will provide transitional services to Adani until 31 March 2018.”

 

Byron Shire Council currently has three contracts in place with Downer or its subsidiaries for the supply of goods and services:

a)   Contract 2017-0016 NOROC Road Surfacing Services for asphalt supply and lay, pavement stabilisation and bitumen sealing. Downer EDI and NSW Spray Seal are both on the panel of suppliers.

b)   Contract 2015-0026 Supply and Delivery of Emulsion to NOROC Councils with Downer EDI.

c)   Contract 2016-0017 Water Meter Reading with Skilltech Consulting Services who are part of the Spotless Group which is now part of the Downer Group.

 

As Contract 2017-0016 is a panel arrangement, Council are at liberty to use whichever suppliers on the panel they would like. Council staff have stopped engaging NSW Spray Seal under Contract 2017-0016 and were investigating using other suppliers on the panel. However, with the cancellation of the contract to Downer to operate the Carmichael mine, it is recommended that use of Downer EDI or any of its subsidiaries, including the RPQ Group and NSW Spray Seal be allowed.

 

Contract 2015-0026 and Contract 2016-0017 are more problematic as Council has entered into a sole supplier agreement with Downer EDI and Skilltech Consulting Services respectively for the provision of goods/services.

 

Legal advice has been obtained in regard to any possible consequences should Council no longer obtain emulsion from Downer under Contract 2015-0026. The legal advice received is provided in a confidential attachment to this report. It is noted that no longer using 2015-0026 may result in a financial loss to Council.

 

Contract 2015-0026 expires on 31 July 2018 with one twelve-month extension option available.  Since Downer will no longer be involved with the Carmichael mine after March 2018, it is recommended that Council continue to use Contact 2015-0026 to avoid any financial penalties from cancelling the contract.  Both Lismore City and Tweed Shire Councils are continuing to purchase emulsion from Downer under Contract 2015-0026.

 

There is no provision in Contract 2016-0017 for Council to terminate the Contract without cause.  The Contract commits Council to purchase meter reading services from Skilltech Consulting Services for a period of five years from 1 February 2017.  If Council was to terminate the contract early in accordance with Resolution 17-585, Council could be liable to compensate the supplier for the amount which would have ordinarily been payable under the contract.  With four years remaining on the Contract, this could amount to Council paying in excess of $200,000 if it terminated the contract early for no contractual reason.

 

3.   Council investigates further companies to which at present or in the future Council may award contracts that may have any involvement in contracting for the development and operation of the Carmichael mine, or otherwise have ties to Adani.

 

Council’s procurement templates have all been updated to request from proponents information regarding any ties they may have to Adani. This information is used in the evaluation process and any proponent that declares involvement with the Carmichael mine or has ties to Adani will be deemed non-compliant, excluded from further evaluation, and ineligible for a contract with Byron Shire Council.

 

Council staff are also maintaining a list of companies that are known to have ties to Adani that staff can reference when engaging suppliers to provide goods or services to Council. Companies that are listed on the Marketforces website (https://www.marketforces.org.au/info/key-issues/theadanilist/) as already connected to Adani as well as other companies identified as having ties to Adani are listed in the staff document.

 

All Council staff have been advised via an internal memo of resolution 17-585 and the resources that are available to assist them to implement the requirements of the resolution. Copy attached.

 

4.   Council resolves not to award future contracts to those companies identified in point three that are involved with Adani or the construction of the Carmichael mine until they renounce any involvement with Adani and the Carmichael mine.

 

As described in #3 above, resources have been made available to staff to assist them in implementing the requirements of this resolution. However, it must be noted that not awarding future contracts with the identified companies may significantly impact Council’s current and future operations.

 

Currently GHD are providing engineering and other associated services to Council for the restoration of landslips resulting from the weather events and declared natural disasters in June 20165 and March 2017.  These restoration works are funded under the National Disaster Relief and Recovery Arrangements (NDRRA) Program and not funded by Council. There is time limitations associated with these restoration works. GHD have been engaged in a progressive manner after approval by RMS for:-

·    Initial site assessment for public safety

·    Concept designs and estimates

·    Detailed designs and estimates

·    Environmental assessments

·    Preparation of contract documents

·    Contract management

·    Project management

 

The requirements of the NDDRA program is that Council cannot cost its own staff to these projects during normal business hours so it is mandatory that we use contractors and consultants if we want 100% cost recovery from the government for these works.

 

The list of projects where GHD are currently engaged are:

 

June 2016 Flood Damage – 3 Slips – Upper Coopers Creek x 2 and Coolamon Scenic Drive (CSD1)

 

Currently, an extension for works has been lodged with RMS as the works are expected finish after June 2018.  It is imperative that GHD continue to execute the Tender Package and engage contractors to continue the work as without GHD doing so, Council risks completing these works directly from Council funds and without the assistance of NDRRA funding.

 

March 2017 Flood Damage – 3 Slips – Johnsons Road; Coolamon Scenic Drive (CSD2) and Yamble Drive Reservoir

 

Discussions have been made to present the two 2017 slips to contractors tendering for the 2016 works.  To complete and expedite these works, it is necessary to keep GHD to maintain continuity for delivery.

 

Additionally, the close proximity of CSD1 and CSD2 make it possible to conduct the works simultaneously – reducing costs and impact to the community.

 

Byron Bay Town Centre Bypass

 

GHD have provided extensive services in the delivery of this project to date.  The implications of this relationship going forward is still being assessed.

 

North Ocean Shores Fire Main Upgrade

 

GHD have provided extensive contract superintendent services for this project to date. The contract is nearing practical completion.  Services are outstanding to the value of $30,000.

 

Byron STP Odour Control Upgrade Inlet Works Investigation

 

GHD are providing extensive technical investigative services for this project  on a critical component of the treatment plant.  Extensive planning and programming are required for this work.  Services are outstanding to the value of $30,000.

 

         

5.   Council writes to Downer EDI, the RPQ Group, NSW Spray Seal and any other companies identified in point three alerting them to this motion and similar actions in neighbouring Councils, and urging them to reconsider their involvement with Adani and the construction of the Carmichael mine.

 

On 22 January 2018 Council wrote to Downer EDI, the RPQ Group, NSW Spray Seal, Skilltech Consulting Services, GHD, QBE, Arrium Steel, Worley Parsons, Eco Logical, Wagners, WSP Parsons Brinckerhoff, Cardno, Komatsu and Arcadis to alert them to this motion and urge them to reconsider their involvement with Adani and the construction of the Carmichael mine. These are all companies from which Council currently or have in the past purchased goods or services. The letters are provided as an attachment to this report.

On 9 February 2018, Council received a response from Downer regarding their relationship with Adani and the Carmichael mine. The letter is attached to this report and confirms that Downer has no intention of pursuing contracts for work on the Carmichael mine and Downer is now listed in the “Who’s Out” section of the Market Forces website Adani list.

 

 

6.   Council writes to the Prime Minister, the Hon. Mr Malcolm Turnbull and Queensland Premier, the Hon, Annastacia Palaszczuk and to all councils across Australia (addressed to mayors and councillors) to express in the most respectful terms our extreme concern about the Adani mine and alert them to the contents of this motion.

 

Letters were sent as above on 12 December 2017 and are provided as attachments to this report. Responses have been received from the following Councils: Wakefield Regional Council, Council of Lower Eyre Peninsula, City of West Torrens, East Gippsland Shire Council, Brisbane City Council, Colac Otway Shire Council, Whitsunday Regional Council, City of Port Phillip, Shoalhaven City Council, Goulburn Mulwaree Council, City of Randwick, and Isaac  Regional Council.

 

 

Financial Implications

 

The financial implications of implementing resolution 17-585 may be approximately $4M. This includes:

·    Potential costs of not honouring existing contracts for emulsion and meter reading services.

·    Cost of purchasing emulsion from another supplier for the remainder of 2017/18.

·    Cost of purchasing meter reading services from another supplier for the remainder of 2017/18

·    Loss of government funding for restoration of landslips

·    Costs of works for existing engagements for water and sewer works

 

Full details of the calculations are provided as a confidential attachment to this report.

 

It must be noted that there will also likely be additional costs of implementing 17-585 in future years as Council pays more for water meter reading services and road surfacing materials and services.

 

Statutory and Policy Compliance Implications

 

Council has an existing contract (2015-0026) with Downer for the supply and delivery of emulsion. Legal advice received and attached to this report advises that whilst this contract can be cancelled, there may be financial implications to Byron Shire Council.

 

Council also has an existing contract (2016-0017) with Skilltech Consulting Services for water meter reading. There is no provision in the Contract for Council to terminate the contract without cause. It is highly likely that Council would be liable to compensate the supplier should we terminate the Contract early.

 

Council’s Financial Sustainability Plan requires Council to make savings from its procurement activities. Having to use suppliers other than Downer and its subsidiaries for the supply and delivery of emulsion, spray sealing services, and water meter reading services will directly affect the savings Council is able to obtain from its procurement activities for 2017/18. Therefore the required 1% savings may not be achieved this year if Council cancels its existing contracts with Downer and its subsidiaries.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Byron Environment Centre

Directorate:                 Corporate and Community Services

Report Author:           Mark Arnold, Director Corporate and Community Services

File No:                        I2018/57

Theme:                         Community Infrastructure

                                      Open Space and Recreation

 

 

Summary:

 

Council at its Ordinary meeting held on 23 November 2017, following consideration of Report 13.35 – Resolution 17-556 Additional Information on Railway Park, resolved (in part), as follows:-

 

3. Request staff to enter into discussions with the Byron Environment Centre about the future

occupation/location of the rotunda structure and bring a report on the outcome of those

            discussions back to the first Council meeting in 2018.”

 

This Report has been prepared to inform Council of the discussions with representatives of the Byron Environment Centre regarding the future occupation and or location of the Rotunda Structure.

 

  

 

RECOMMENDATION:

1.       That Council receive and note this report.

 

2.       That Council authorise staff to continue the discussions with the Byron Environment Centre about the future occupation/location of the rotunda structure.

 

 

 

 

 

 

 


 

Report

 

Council at its Ordinary meeting held on 23  November 2017, following consideration of Report 13.35Resolution 17-556 Additional Information on Railway Park resolved via Resolution 17-575  as follows:-

 

Resolved that Council:

 

1.   Note the report.

 

2.  Request staff to commence work to include Railway Park in an updated Plan of Management with the aim of completing the process by 30 June 2018.

 

3. Request staff to enter into discussions with the Byron Environment Centre about the future

occupation/location of the rotunda structure and bring a report on the outcome of those discussions back to the first Council meeting in 2018.”

 

In accordance Part 3 of the Resolution a meeting was arranged and took place on 7 December 2017 with representatives of the Byron Environment Centre Management Committee, John Lazarus and Sharon Curry. The meeting was held in the Council Administration Building at Mullumbimby, with the staff representatives being the Director Sustainable Environment and Economy and the Director Corporate and Community Services.

 

In accordance Resolution 17-575 the purpose of the meeting was for staff to enter into discussions with representatives of the Byron Environment Centre (“BEC”) regarding the future occupation and or location of Rotunda structure.

 

The representatives of the BEC made it clear from the commencement of meeting that the BEC did not support or accept the Byron Bay Town Centre Master Plan, or any actions relating to works proposed within Railway Park, not authorised by a Plan of Management for Railway Park.

 

In relation to future occupation and or location of the Rotunda structure the BEC representatives made the following requests to Council:

 

·    That the Rotunda stay in its current position within Railway Park

 

·    That the Railway Park Plan of Management process be the mechanism to determine the location (either the current or another site) and authorise the use and occupation of the Rotunda structure

 

In addition to the discussions on the future occupation and location of the Rotunda structure, the representatives also asked staff to arrange a walk around of Railway Park with the Consultant Landscape Architect preparing the Railway Square Landscape Concept Plan. This request was made in response to an offer extended by the Mayor, during earlier discussions with representatives of the Byron Environment Centre.

 

A walk around was arranged for Monday, 11 December 2017, but was postponed pending consideration by of the Mayoral Minute – Railway Square Landscape Concept and Design at the December Ordinary meeting on 14 December 2017, and the provision to the BEC of scaled drawings from  the latest version of the Concept Plans. T

 

The walk around was rescheduled to Monday, 18 December 2017 and was attended by Dan Plummer of Plummer & Smith Landscape Architects, Director Corporate and Community Services and six representatives of the BEC.

 

While the walk around provided the representatives of the BEC with an opportunity to discuss and ask questions of the Landscape Architect, regarding the Railway Square Landscape Concept and Design Plan adopted by Council on 14 December 2017, it also allowed a more specific discussion of potential locations.

 

The following is a summary of these discussions points relating to the location of the Rotunda location-

 

·   BEC to provide further advice on any other potential site locations for the Rotunda structure in the park. It is understood that the preferred location is the current site, with reasons for this preference being predominately associated with the cost of relocating the Rotunda structure and any works that might be required as a result of the relocation process. The other potential locations identified were a site near or on the location identified for the Art Seat and a site closer to the entry to the park near the pocket park.

 

·   Discussion was had in relation to the relocation process but it was agreed that this discussion was pre-emptive and that future discussions would need to be informed by advice on the structural integrity of the current structure.

 

It was also agreed that in accordance with the intent of Resolution 17-575 that staff would continue discussions with the BEC. That these discussions would allow Council to provide advice on the scope and timing of any works within Railway park that might impact on the use and occupation of the Rotunda structure by the BEC.

 

The above discussions were undertaken on the basis of providing information to the BEC representatives, and noting that nothing that was discussed or requested by the BEC representatives, should be seen or interpreted as the BEC providing support of the works proposed by the adopted  Railway Square Landscape Concept and Design Plan.

 

The notes taken by staff on the other matters discussed during the walk around have been provided to the Consultant Landscape Architect.

 

The above information and any future information provided by the BEC would also be used to inform the preparation of the Plan of Management for Railway Park (refer Part 2 of Resolution 17-575).

 

Financial Implications

 

The costs incurred in relation to the discussions were within existing allocated budgets.

 

Statutory and Policy Compliance Implications

 

Refer  Part 3 of Resolution 17-575 being:

 

3. Request staff to enter into discussions with the Byron Environment Centre about the future

occupation/location of the rotunda structure and bring a report on the outcome of those

            discussions back to the first Council meeting in 2018.”

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Council Budget Review - 1 October 2017 to 31 December 2017

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/66

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report is prepared to comply with Regulation 203 of the Local Government (General) Regulation 2005 and to inform Council and the Community of Council’s estimated financial position for the 2017/2018 financial year, reviewed as at 31 December 2017.

 

This report contains an overview of the proposed budget variations for the General Fund, Water Fund and Sewerage Fund.  The specific details of these proposed variations are included in Attachment 1 and 2 for Council’s consideration and authorisation.

 

Attachment 3 contains the Integrated Planning and Reporting Framework (IP&R) Quarterly Budget Review Statement (QBRS) as outlined by the Division of Local Government in circular 10-32.

 

 

  

 

RECOMMENDATION:

1.   That Council authorise the itemised budget variations as shown in Attachment 2 (#E2018/9537) which includes the following results in the 31 December 2017 Quarterly Review of the 2017/2018 Budget:

 

a)      General Fund – $42,300 decrease to the Estimated Unrestricted Cash Result

b)      General Fund - $14,700 increase in reserves

c)      Water Fund - $106,500 decrease in reserves

d)      Sewerage Fund - $799,300 decrease in reserves

 

  2.     That Council adopt the revised General Fund Estimated Unrestricted Cash Result of $888,300 for the 2017/2018 financial year as at 31 December 2017

 

 

Attachments:

 

1        Budget Variations for General, Water and Sewerage Funds, E2018/9612  

2        Itemised Listing of Budget Variations  for General, Water and Sewerage Funds, E2018/9537  

3        Integrated Planning and Reporting Framework (IP&R) required Quarterly Review Statement, E2018/9550  

 

 


 

Report

 

Council adopted the 2017/2018 budget on 22 June 2017 via Resolution 17-268.  It also considered and adopted the budget carryovers from the 2016/2017 financial year, to be incorporated into the 2017/2018 budget at its Ordinary Meeting held on 24 August 2017 via Resolution 17-322.  Since that date, Council has reviewed the budget taking into consideration the 2016/2017 Financial Statement results and progress through the first half of the 2017/2018 financial year.  This report considers the December 2017 Quarter Budget Review.

 

The details of the budget review for the Consolidated, General, Water and Sewer Funds are included in Attachment 1, with an itemised listing in Attachment 2.  This aims to show the consolidated budget position of Council, as well as a breakdown by Fund and Principal Activity. The document in Attachment 1 is also effectively a publication outlining a review of the budget and is intended to provide Councillors with more detailed information to assist with decision making regarding Council’s finances.

 

Contained in the document at Attachment 1 is the following reporting hierarchy:

 

Consolidated Budget Cash Result

 

 

 


General Fund Cash Result     Water Fund Cash Result        Sewer Cash Result

 

 

 


Principal Activity                     Principal Activity                     Principal Activity

 

 

 


Operating Income       Operating Expenditure    Capital income    Capital Expenditure

 

 

The pages within Attachment 1 are presented (from left to right) by showing the original budget as adopted by Council on 22 June 2017 plus the adopted carryover budgets from 2016/2017 followed by the resolutions between July and September, the September Review, resolutions between October and December and the revote (or adjustment for this review) and then the revised position projected for 30 June 2018 as at 31 December 2017.

 

On the far right of the Principal Activity, there is a column titled “Note”.  If this is populated by a number, it means that there has been an adjustment in the quarterly review.  This number then corresponds to the notes at the end of the Attachment 1 which provides an explanation of the variation.

 

There is also information detailing restricted assets (reserves) to show Council estimated balances as at 30 June 2018 for all Council’s reserves.

 

A summary of Capital Works is also included by Fund and Principal Activity.

 

Office of Local Government Budget Review Guidelines:-

 

The Office of Local Government on 10 December 2010 issued the new Quarterly Budget Review Guidelines via Circular 10-32, with the reporting requirements to apply from 1 July 2011.  This report includes a Quarterly Budget Review Statement (refer Attachment 3) prepared by Council in accordance with the guidelines.

 

The Quarterly Budget Review Guidelines set a minimum standard of disclosure, with these standards being included in the Local Government Code of Accounting Practice and Financial Reporting as mandatory requirements for Council’s to address. 

 

Since the introduction of the new planning and reporting framework for NSW Local Government, it is now a requirement for Councils to provide the following components when submitting a Quarterly Budget Review Statement (QBRS):-

 

·   A signed statement by the Responsible Accounting Officer on Councils financial position at the end of the year based on the information in the QBRS

 

·   Budget review income and expenses statement in one of the following formats:

o Consolidated

o By fund (e.g General, Water, Sewer)

o By function, activity, program etc to align with the management plan/operational plan

 

·   Budget Review Capital Budget

 

·   Budget Review Cash and Investments Position

 

·   Budget Review Key performance indicators

 

·   Budget Review Contracts and Other Expenses

 

The above components are included in Attachment 3:-

 

Income and Expenditure Budget Review Statement by Type – This shows Council’s income and Expenditure by type.  This has been split by Fund.  Adjustments are shown, looking from left to right.  These adjustments are commented on through the last 16 pages of Attachment 1.

 

Capital Budget Review Statement – This statement identifies in summary Council’s capital works program on a consolidated basis and then split by Fund.  It also identifies how the capital works program is funded. 

 

Cash and Investments Budget Review Statement – This statement reconciles Council’s restricted funds (reserves) against available cash and investments.  Council has attempted to indicate an actual position as at 31 December 2017 of each reserve to show a total cash position of reserves with any difference between that position and total cash and investments held as available cash and investments.  It should be recognised that the figure is at a point in time and may vary greatly in future quarterly reviews pending on cash flow movements.

 

Key Performance Indicators (KPI’s) –  At this stage, the KPI’s within this report are:-

 

o Debt Service Ratio - This assesses the impact of loan principal and interest repayments on the discretionary revenue of Council.

 

o Rates and Annual Charges Outstanding Ratio – This assesses the impact of uncollected rates and annual charges on Councils liquidity and the adequacy of recovery efforts

 

o Asset Renewals Ratio – This assesses the rate at which assets are being renewed relative to the rate at which they are depreciating.

 

These may be expanded in future to accommodate any additional KPIs that Council may adopt to use in the Long Term Financial Plan (LTFP.)

Contracts and Other Expenses - This report highlights any contracts Council entered into during the October to December quarter that are greater then $50,000.

 

CONSOLIDATED RESULT

 

The following table provides a summary of the overall Council budget on a consolidated basis inclusive of all Funds budget movements for the 2017/2018 financial year projected to 30 June 2018 but revised as at 31 December 2017.

 

 

2017/2018 Budget Review Statement as at 31 December 2017

Original Estimate (Including Carryovers)

1/7/2017

 

Adjustments to 31 Dec 2017 including Resolutions*

Proposed 31 Dec 2017 Review Revotes

 

Revised Estimate 30/6/2018 at 31/12/2017

 

Operating Revenue

76,828,000

2,530,900

190,600

79,549,500

 

Operating Expenditure

79,542,600

3,252,800

324,500

83,119,900

 

Operating Result – Surplus/Deficit

(2,714,600)

(721,900)

(133,900)

(3,570,400)

 

Add: Capital Revenue

27,790,000

(18,543,700)

143,300

9,389,600

 

Change in Net Assets

25,075,400

(19,265,600)

9,400

5,819,200

 

Add: Non Cash Expenses

12,939,400

0

0

12,939,400

 

Add: Non-Operating Funds Employed

2,160,000

2,516,000

(1,277,000)

3,399,000

 

Subtract: Funds Deployed for Non-Operating Purposes

(64,587,000)

20,099,900

334,200

44,152,900

 

Cash Surplus/(Deficit)

(24,412,200)

3,350,300

(933,400)

(21,995,300)

 

Restricted Funds – Increase / (Decrease)

(24,419,500)

3,572,200

(891,100)

(21,738,400)

 

Forecast Result for the Year – Surplus/(Deficit) – Unrestricted Cash Result

7,300

(221,900)

(42,300)

(256,900)

 

GENERAL FUND

 

In terms of the General Fund projected Unrestricted Cash Result the following table provides a reconciliation of the estimated position as at 31 December 2017:

 

Opening Balance – 1 July 2017

$1,145,200

Plus original budget movement and carryovers

$7,300

Council Resolutions July – September Quarter

($50,000)

September Review – increase/(decrease)

($161,900)

Council Resolutions October – December Quarter

($10.000)

Recommendations within this Review – increase/(decrease)

($42,300)

Forecast Unrestricted Cash Result – Surplus/(Deficit) – 30 June 2018

($256,900)

Estimated Unrestricted Cash Result Closing Balance – 30 June 2018

$888,300

 

The General Fund financial position overall has decreased by $42,300 as a result of this budget review.  The proposed budget changes are detailed in Attachment 1 and summarised further in this report below.

 

Council Resolutions impacting the Budget Result

 

Resolution 17-500 resolved that Council reinstates the Feral Animal Management Program by allocating $10,000 to assist meeting the costs of a trapper from January to June 2018.  There was no suggested funding source for this resolution and at this point no funding source has been identified.

 

Budget Adjustments

 

The budget adjustments identified in Attachments 1 and 2 for the General Fund have been summarised by Budget Directorate in the following table:

 

 

 

 

 

 

Budget Directorate

Revenue Increase/

(Decrease) $

Expenditure Increase/

(Decrease) $

Accumulated Surplus (Working Funds) Increase/ (Decrease) $

General Manager

0

0

0

Corporate & Community Services

182,400

110,000

72,400

Infrastructure Services

(898,000)

(739,900)

(158,100)

Sustainable Environment & Economy

176,300

132,900

43,400

Total Budget Movements

(539,300)

(497,000)

(42,300)

 

Budget Adjustment Comments

 

Within each of the Budget Directorates of the General Fund, are a series of budget adjustments identified in detail at Attachment 1 and 2.  More detailed notes on these are provided in Attachment 1 but in summary the major additional items included are summarised below by Directorate and are included in the overall budget adjustments table above:

 

Corporate and Community Services

 

·   In the General Purpose Revenues Program an additional $73,300 in revenue has been recognised from general rates through the amount of supplementary valuations and levies year to date greater then the budget estimate.

 

·   In the Corporate Services Program it is proposed to increase expenditure by an estimated $100,000 for legal expenses.  This can be funded through the Legal Services reserve.  There is also an additional $60,000 required to cover costs of the consultancies associated in the development of the Council’s new Community Strategic Plan funded from savings in the Strategic Procurement Roadmap budget.

 

Infrastructure Services

 

·   In the Supervision & Administration program, it is proposed to increase expenditure by $40,000 for uniform issues to account for new boots, uniforms and hi-vis work wear for staff that is now required at the Depot for Work Health and Safety reasons.  This is offset by a support services cost adjustment to other budget programs.

 

·   In the Local Roads and Drainage program, there are a number of adjustments outlined under Note 17 in the Budget Variations explanations section of Attachment 1.  Further disclosure is included in the third and fourths page of Attachment 2 under the budget program heading Local Roads and Drainage. 

 

·   In the Open Space and Recreation program, operating income and expenditure increased by $52,000 due to a grant received for a Shark Management Strategy.

 

·   In the Waste & Recycling program it is proposed to increase capital expenditure by $88,000 for Organics Processing Infrastructure – The budget forecasts for this project were approximately $88,000 under actual costs due to unforeseen EPA restrictions on the use of fill for engineering preparation works.  Council had planned to use excavated public road material from infrastructure works projects as general fill, however the EPA did not provide approval and as such Council had to purchase quarry products at a higher cost.

 

·   In the Facilities Management program It is proposed to decrease operating expenditure by $22,100 due to the budget for the contract of Mullumbimby swimming pool being more than the contract.

 

Sustainable Environment and Economy

 

·   In the Development and Certification program, it is proposed to increase income by $80,000 and expenditure by $17,000 to budget for the Information and Technology Service fee.  The expenditure will part fund the Process Improvement Officer position

 

·   In the Planning Policy and Natural Environment Program, It is proposed to increase income and expenditure to accommodate the OEH New Brighton Beach Scraping grant ($56,300), and an increase to the OEH Saving our Species Iconic Koala grant ($40,000).  It is also proposed to allocate $10,000 to the Bangalow village plan and Mullumbimby masterplan to engage a graphic designer for document design and desktop publication for both of these projects.

 

WATER FUND

 

After completion of the 2016/2017 Financial Statements the Water Fund as at 30 June 2017 has a capital works reserve of $4,953,000 and held $6,692,100 in section 64 developer contributions.

 

The estimated Water Fund reserve balances as at 30 June 2018, and forecast in this Quarter Budget Review, are derived as follows:

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2017

$4,953,800

Plus original budget reserve movement

1,539,000

Less reserve funded carryovers from 2016/2017

(124,800)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(40,000)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(56,500)

Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)

1,317,700

Estimated Reserve Balance at 30 June 2018

$6,271,500

 


 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2017

$6,692,100

Plus original budget reserve movement

(1,874,000)

Less reserve funded carryovers from 2016/2017

(2,645,300)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(70,000)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(50,000)

Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)

(4,639,300)

Estimated Reserve Balance at 30 June 2018

$2,052,800

 

Movements for Water Fund can be seen in Attachment 1 with a proposed estimated decrease to reserves (including S64 Contributions) overall of $106,500 from the 31 December 2017 Quarter Budget Review.

 

SEWERAGE FUND

 

After completion of the 2016/2017 Financial Statements the Sewer Fund as at 30 June 2017 has a capital works reserve of $7,372,800 and plant reserve of $827,800. It also held $9,583,600 in section 64 developer contributions.

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2017

$7,372,800

Plus original budget reserve movement

(1,008,100)

Less reserve funded carryovers from 2016/2017

(102,200)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

24,000

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(524,300)

Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)

(1,610,600)

Estimated Reserve Balance at 30 June 2018

$5,762,200

 

Plant Reserve

 

Opening Reserve Balance at 1 July 2017

$827,800

Plus original budget reserve movement

0

Less reserve funded carryovers from 2016/2017

0

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(12,300)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

0

Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)

(12,300)

Estimated Reserve Balance at 30 June 2018

$815,500

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2017

$9,583,600

Plus original budget reserve movement

(188,800)

Less reserve funded carryovers from 2016/2017

(1,949,600)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(26,700)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(275,000)

Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)

(2,440,100)

Estimated Reserve Balance at 30 June 2018

$7,143,500

 

Movements for the Sewerage Fund can be seen in Attachment 1 with a proposed estimated overall decrease to reserves (including S64 Contributions) of $799,300 from the 31 December 2017 Quarter Budget Review.

 

Legal Expenses

 

One of the major financial concerns for Council over previous years has been legal expenses. Not only does this item potentially represent a large expenditure item funded by general revenue, but can also be susceptible to large fluctuations. 

 

The table that follows indicates the allocated budget and actual legal expenditure within Council on

 a fund basis as at 31 December 2017.

 

Total Legal Income & Expenditure as at 31 December 2017

 

 

Program

2017/2018

Budget ($)

 

Actual ($)

Percentage To Revised Budget

Income

 

 

 

Legal Expenses Recovered

0

0

0%

Total Income

0

0

0%

 

 

 

 

Expenditure

 

 

 

General Legal Expenses

201,000

170,320

84.7%

Total Expenditure General Fund

201,000

170,320

84.7%

 

Note: Due to current legal matters, it is estimated that Council may incur costs for legal expenses of approximately $100,000 in addition to the original budget.  In view of this, there is a recommendation in this report to allocate an additional $100,000 to the General Legal Expenses budget, funded from the Legal Services Reserve.  This will leave an estimated Legal Services Reserve balance at 30 June 2018 of $324,500.

 

Byron Railway Precinct Projects

 

The adopted 2017/2018 Budget Estimates currently provides an allocation of $790,800 funded from the Infrastructure Renewal Reserve, TDDI Grant and a Visitor Centre contribution for projects related to the Byron Bay Master Plan – Railway Precinct.

 

A summary of the current projects with funded budgets associated with the Byron Railway Precinct are outlined in the table below:

 

Job No

Project

Proposed Budget 2017/2018 $

Funding from TDDI Grant $

Funding from Infrastructure Renewal Reserve $

Funding from Section 94

$

Funding from Visitor Centre Contribution $ (1)

4835.187

Byron Bay Town Centre Masterplan

239,300

0

239,300

0

0

4835.188

Byron St Connection Upgrade

139,000

69,500

69,500

0

0

4835.189

Railway Park Upgrade

237,500

118,800

118,700

0

0

4835.190

Visitor Centre Refurbishment

130,000

50,000

0

30,000

50,000

4835.191

Visitor Centre Technology Project

45,000

22,500

22,500

0

0

 

Total

790,800

260,800

450,000

30,000

50,000

(1)  This contribution whilst budgeted and invoiced is yet to be paid to Council.

 

With the addition of the TDDI grant revenue to Council’s existing budget allocation of $500,000, there is now $790,800 available towards projects in the Byron Railway Precinct.

 

There are a number of Railway Precinct projects that have been identified and have current expenditure allocated against them but do not have a budget:-

 

Job No

Project

Actual Expenditure to 31 December 2017 (Inc Commitments)

4835.219

Byron Rail Corridor Park (RPP18)

$57,043

4835.222

Conservation Management Strategy (RPP9)

$8,824

4835.223

Market/Comm Relocation/Use DAs (RPP11)

$480

4835.224

Rail Corridor Contam'tion Ass (RPP12)

$32,096

4835.225

Farmers Market Relocation (RPP13)

$21,890

 

Total

$120,334

 

Allocating budgets for these projects will be required by Council at a future point before the end of the 2017/2018 financial year.  These need to be addressed no later than the 31 March 2017 Quarter Budget Review.

 

Financial Implications

 

The 31 December 2017 Quarter Budget Review of the 2017/2018 Budget has decreased the overall budget result by $42,300.  As a result there is a decrease of $42,300 to the estimated unrestricted cash balance attributable to the General Fund, with this becoming an estimated $888,300 at 30 June 2018.  This is below the adopted target of Council of $1,000,000.  It is recommended that Council will need to recover the 2017/2018 budget result to at least a balanced outcome over the remainder of the 2017/2018 financial year and be conscious of this when considering matters with financial implications.

 

Statutory and Policy Compliance Implications

 

In accordance with Regulation 203 of the Local Government (General) Regulation 2005 the Responsible Accounting Officer of a Council must:-

(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

 

(2) A budget review statement must include or be accompanied by:

 

(a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

 

(b) if that position is unsatisfactory, recommendations for remedial action.

 

(3) A budget review statement must also include any information required by the Code to be included in such a statement.

 

Statement by Responsible Accounting Officer

 

This report indicates that the short term financial position of the Council is still satisfactory for the 2017/2018 financial year, having consideration of the original estimate of income and expenditure at the 31 December 2017 Quarter Budget Review.

 

This opinion is based on the estimated General Fund Unrestricted Cash Result position and that the current indicative budget position for 2017/2018 outlined in this Budget Review is recovered during the remainder of the 2017/2018 financial year.  It is most important this occurs and the current projected budget deficit of $256,900 does not deteriorate further.

 

There needs to be an awareness that any modifications proposed for Council’s budget are not approved without consideration of funding if additional expenditure is proposed through either reallocation of existing budgets, additional revenue or available reserves.

 

Whilst not covered in this budget review, Council needs to recognise that the maintenance expenditure budgets in the Local Roads and Drainage Program are under pressure.  Current expenditure trends suggest there is not sufficient funding to support maintenance expenditure up to the end of the financial year.  Urban Road Maintenance and Bridge Maintenance budgets are examples. Any additional expenditure over and above the current budget estimates will of course increase the budget deficit in future quarterly budget reviews if not addressed.

 

The short term financial position of Council may become unsatisfactory if work is not undertaken to address the current budget position and any unfunded expenditure in the remaining two quarterly budget reviews or by separate report to Council.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Bangalow A&I Hall - new fee 'community rate'

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/72

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

It has come to Council’s attention during community consultation in the past few months in Bangalow that the Bangalow A&I Hall fees and charges seem to be precluding many local organisations from using the hall as they historically have. This report outlines new fees under the ‘community rate’ and requests Council to introduce them earlier than the 1st July 2018 to encourage local organisations to use the hall once again.

 

  

 

RECOMMENDATION:

1.       That the new fees for Bangalow A&I Hall outlined below be placed on public           exhibition for 28 days.

 

Bangalow A&I Hall (community rate)

Proposed fee

Per hour

$20

Per session/ half day (4 hours)

$150

Per day

$300

Backstage hire

$100

Balcony (premium seating, per day)

$100

Kitchen hire (per day)

$160

Kitchen hire (per hour – minimum hire 2 hours)

$20

 

2.       That if no submissions are received during the public exhibition period, the new fees be adopted and incorporated into Council’s fees and charges.

 

 

Attachments:

 

1        Bangalow A&I Hall adopted fees & charges 2017-18, E2018/6625  

 

 


 

Report

 

It has come to Council’s attention during community consultation in the past few months in Bangalow that the Bangalow A&I Hall fees and charges seem to be precluding many local organisations from using the hall as they historically have.

 

Following investigations and discussions about the fees and charges for the Bangalow A& I Hall, the Board of Management have recommended the introduction of new fees under the ‘community rate’ to encourage local organisations to use the hall once again. The new rates include an hourly rate, therefore allowing flexibility for community groups to use the hall and kitchen for periods less than the half day rate.

 

Rather than wait to introduce these new fees in the new financial year, Council are requested to adopt these new fees now to allow implementation earlier than 1st July 2018.

 

Bangalow A&I Hall (community rate)

2017/18 fee

Proposed fee

Per hour

N/A

$20

Per session/ half day (4 hours)

$165

$150

Per day

$330

$300

Backstage hire

$110

$100

Balcony (premium seating, per day)

$110

$100

Kitchen hire (per day)

$187

$160

Kitchen hire (per hour – minimum hire 2 hours)

N/A

$20

 

 

Financial Implications

 

As outlined in the report, the new community rate fees represent approximately a 10% reduction. All other fees, eg standard rates and major commercial rates, for Bangalow A&I Hall are proposed to remain unchanged (see Attachment 1).

 

Statutory and Policy Compliance Implications

 

Under section 610F of the Local Government Act 1993, if, after the date on which the operational plan commences the nature or extent of an existing service is changed, Council must give public notice (in accordance with section 705) for at least 28 days of the fee proposed for the new or changed service.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Council Investments January 2018

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/86

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the month of January 2018 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 31 January 2018 be noted.

 

 

 

 

 


 

Report

In relation to the investment portfolio for the month of January 2018, Council has continued to maintain a diversified portfolio of investments.  At 31 January 2018, the average 90 day bank bill rate (BBSW) for the month of January was 1.79%.  Council’s performance to 31 January 2018 is 2.52%. 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 31 January 2018:

 

Schedule of Investments held as at 31 January 2018

 

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)

P

AA-

24/03/22

N

B

3.25%

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

P

AA-

31/03/22

N

FRN

3.25%

1,000,000.00

16/11/17

750,000

Bank of Queensland

P

BBB+

16/11/21

N

FRN

2.63%

750,000.00

08/08/17

2,000,000

Bank of Queensland

N

BBB+

05/02/18

N

TD

2.60%

2,000,000.00

17/08/17

1,000,000

Bank of Queensland

N

BBB+

19/02/18

N

TD

2.55%

1,000,000.00

05/09/17

1,000,000

Bananacoast Credit Union

P

NR

06/03/18

Y

TD

2.60%

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

15/09/17

1,000,000

Peoples Choice Credit Union

P

BBB

15/03/18

Y

TD

2.55%

1,000,000.00

27/09/17

1,000,000

Bank of Queensland

N

BBB+

27/03/18

N

TD

2.50%

1,000,000.00

04/10/17

2,000,000

Police Credit Union

P

NR

04/04/18

Y

TD

2.70%

2,000,000.00

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-

05/02/18

N

TD

2.52%

1,000,000.00

05/10/17

1,000,000

Police Credit Union

N

NR

05/04/18

Y

TD

2.56%

1,000,000.00

17/10/17

1,000,000

Police Credit Union

N

NR

17/04/18

Y

TD

2.55%

1,000,000.00

23/10/17

1,000,000

Bank of Queensland

N

BBB+

23/04/18

N

TD

2.55%

1,000,000.00

30/10/17

2,000,000

Beyond Bank

P

BBB

07/02/18

Y

TD

2.42%

2,000,000.00

02/11/17

2,000,000

Police Credit Union

N

NR

02/05/18

Y

TD

2.73%

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

06/11/17

2,000,000

NAB

N

AA-

05/02/18

N

TD

2.49%

2,000,000.00

08/11/17

2,000,000

ME Bank

P

BBB

07/02/18

Y

TD

2.42%

2,000,000.00

08/11/17

1,500,000

Auswide Bank Ltd

P

BBB-

07/02/18

Y

TD

2.35%

1,500,000.00

10/11/17

2,000,000

ME Bank

N

BBB

13/03/18

Y

TD

2.42%

2,000,000.00

15/11/17

1,000,000

The Capricornian Credit Union

P

NR

16/04/18

U

TD

2.55%

1,000,000.00

15/11/17

1,000,000

The Capricornian Credit Union

N

NR

15/03/18

U

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

N

TD

2.45%

1,000,000.00

17/11/17

1,000,000

Police Credit Union

N

NR

17/05/18

Y

TD

2.75%

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

23/11/17

1,000,000

ME Bank

N

BBB

23/02/18

Y

TD

2.40%

1,000,000.00

23/11/17

2,000,000

NAB

N

AA-

23/02/18

N

TD

2.49%

2,000,000.00

23/11/17

1,000,000

The Capricornian Credit Union

N

NR

23/05/18

U

TD

2.55%

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

28/11/17

1,000,000

Bananacoast Credit Union

N

NR

28/02/18

Y

TD

2.65%

1,000,000.00

28/11/17

1,000,000

ME Bank

N

BBB

28/02/18

Y

TD

2.40%

1,000,000.00

30/11/17

2,000,000

NAB

N

AA-

30/04/18

N

TD

2.49%

2,000,000.00

30/11/17

2,000,000

ME Bank

N

BBB

30/04/18

Y

TD

2.49%

2,000,000.00

01/12/17

1,000,000

Defence Bank

P

BBB

20/03/18

U

TD

2.65%

1,000,000.00

01/12/17

1,000,000

Defence Bank

N

BBB

01/03/18

U

TD

2.50%

1,000,000.00

04/12/17

1,500,000

ME Bank

N

BBB

06/03/18

Y

TD

2.40%

1,500,000.00

06/12/17

1,000,000

Hunter United Employees Credit Union

N

NR

06/04/18

U

TD

2.55%

1,000,000.00

08/12/17

2,000,000

ME Bank

N

BBB

08/06/18

Y

TD

2.55%

2,000,000.00

08/12/17

2,000,000

My State Bank

P

W/D

08/06/18

Y

TD

2.65%

2,000,000.00

15/12/17

1,000,000

Auswide Bank Ltd

N

BBB-

15/03/18

Y

TD

2.40%

1,000,000.00

19/12/17

2,000,000

Credit Union Australia

P

BBB

19/06/18

Y

TD

2.60%

2,000,000.00

19/12/17

2,000,000

Gateway Credit Union

P

NR

19/04/18

Y

TD

2.50%

2,000,000.00

02/01/18

1,000,000

ME Bank

N

BBB

04/04/18

Y

TD

2.40%

1,000,000.00

02/01/18

2,000,000

ME Bank

N

BBB

04/07/18

Y

TD

2.55%

2,000,000.00

09/01/18

1,000,000

Gateway Credit Union

N

NR

11/05/18

Y

TD

2.50%

1,000,000.00

10/01/18

1,000,000

Bankwest

P

AA-

10/04/18

N

TD

2.50%

1,000,000.00

12/01/18

1,000,000

Bank of Queensland

N

BBB+

12/06/18

N

TD

2.55%

1,000,000.00

12/01/18

1,000,000

Bankwest

N

AA-

12/06/18

N

TD

2.55%

1,000,000.00

12/01/18

1,000,000

Bankwest

N

AA-

12/04/18

N

TD

2.50%

1,000,000.00

23/01/18

1,000,000

AMP Bank

P

A

23/07/18

N

TD

2.60%

1,000,000.00

24/01/18

1,000,000

ME Bank

N

BBB

24/07/18

Y

TD

2.60%

1,000,000.00

29/01/18

2,000,000

Rural Bank

P

BBB+

30/07/18

Y

TD

2.60%

2,000,000.00

31/01/18

2,000,000

AMP Bank

N

A

03/08/18

N

TD

2.60%

2,000,000.00

N/A

571,384

 

CBA Business Online Saver

N

A

N/A

N

CALL

1.40%

571,384.37

 

12/01/18

1,001,190

NSW Treasury Corp

N

AAA

N/A

Y

CALL

1.27%

1,001,190.43

Total

75,972,574                                                                                                                                                                             

 

 

 

 

 

AVG

2.52%

75,987,317.86

 

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 Council’s 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 Environmental 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 month of January 2018, as indicated in the table below, there is a dissection of the investment portfolio by investment type:

 

Dissection of Council Investment Portfolio as at 31 January 2018

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

71,000,000.00

Term Deposits

71,000,000.00

0.00

2,400,000.00

Floating Rate Note

2,403,642.89

3,642.89

571,384.37

Business On-Line Saver (At Call)

571,384.37

0.00

1,001,190.43

NSW Treasury Corp (T Corp)

1,001,190.43

0.00

1,000,000.00

Bonds

1,011,100.17

11,100.17

75,972,574.80

 

75,987,317.86

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 month of January 2018 on a current market value basis. 

 

Movement in Investment Portfolio – January 2018

 

Item

Current Market  Value (at end of month) $

Opening Balance at 01 January 2018

74,984,261.21

Add: New Investments Purchased

14,000,000.00

Add: Call Account Additions

0.00

Add: Interest from Call Account

1,866.22

Less: Investments Matured

13,000,000.00

Add: T Corp Additions

1,000,000.00

Add: Interest from T Corp

1,190.43

Less: Call Account Redemption

1,000,000.00

Less: Fair Value Movement for period

0.00

 

Closing Balance at 31 January 2018

75,987,317.86

 

Investments Maturities and Returns – January 2018

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

1,000,000

Banana Coast Credit Union

TD

04/01/18

184

2.70%

13,610.96

1,000,000

National Australia Bank

TD

04/01/18

92

2.50%

6,601.37

1,000,000

National Australia Bank

TD

09/01/18

92

2.51%

6,326.58

1,000,000

National Australia Bank

TD

11/01/18

132

2.52%

8,492.06

1,000,000

Auswide Bank

TD

11/01/18

92

2.50%

6,301.37

1,000,000

Bank of Queensland

TD

12/01/18

150

2.55%

10,479.45

1,000,000

Auswide Bank

TD

15/01/18

94

2.50%

6,438.36

1,000,000

National Australia Bank

TD

20/01/18

92

2.48%

6,250.96

1,000,000

ME Bank

TD

24/01/18

90

2.42%

5,967.12

2,000,000

Rural Bank

TD

29/01/18

123

2.50%

16,849.32

2,000,000

ME Bank

TD

30/01/18

92

2.42%

12,199.45

13,000,000

 

 

 

 

 

99,517.00

         

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 month of January 2018 the table below identifies the overall cash position of Council as follows:

 

 

Dissection of Council Cash Position as at 31 January 2018

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

71,000,000.00

71,000,000.00

0.00

Floating Rate Note

2,400,000.00

2,403,642.89

3,642.89

Business On-Line Saver (At Call)

571,384.37

571,384.37

0.00

NSW Treasury Corp (T Corp)

1,001,190.43

1,001,190.43

0.00

Bonds

1,000,000.00

1,011,100.17

11,100.17

Total Investment Portfolio

75,972,574.80

75,987,317.86

14,743.06

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

1,513,192.85

1,513,192.85

  0.00

Total Cash at Bank

1,513,192.85

1,513,192.85

  0.00

 

 

 

 

Total Cash Position

77,485,767.65

77,500,510.71

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 - Corporate and Community Services                                          13.9

 

 

Report No. 13.9           Tender Assessment - Legal Services Contract 2017-0054

Directorate:                 Corporate and Community Services

Report Author:           Ralph James, Legal Counsel

File No:                        I2018/94

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

On 13 September 2017 the General Manager gave approval for Council to go to tender for Legal Services using the open request for tender process as per Section 55 of the Local Government Act.

 

Tenders have been assessed in accordance with the provisions of the Local Government (General) Regulation 2005. 

 

This report provides an overview of the tender submissions and seeks Council to award the tender as per the recommendation in the attached confidential report.

 

 

  

 

RECOMMENDATION:

That Council award Tender Legal Services Contract 2017-0054 in accordance with the recommendation made in the Evaluation Panel Recommendation Report for the Provision of Legal Services (#E2018/3130).

 

 

Attachments:

 

1        Confidential - Evaluation Panel Recommendation Report-Provision of Legal Services, E2018/3130  

 

 


 

Report

 

On 13 September 2017 the General Manager gave approval for Council to go to tender for Legal Services using the open request for tender process as per Section 55 of the Local Government Act.

 

The proposed contract for legal services subject of this Tender is for a period of three years with the option to extend the contract for two additional periods of one year at Council’s sole discretion.

 

The objective of the tender is to:

•     Provide timely access to qualified legal services.

•     Enable the provision of high quality, cost competitive and consistent legal services to Council.

•     Reduce the administrative effort by Council by engaged lawyers and/or firms through an approved panel arrangement.

 

Tenders were advertised in Tenders Online between 24 October 2017 and 14 November 2017, in the Sydney Morning Herald on 24 October 2017, in the Byron Shire News on 26 October 2017 and on Council’s website between 24 October 2017 and 14 November 2017.

 

The tender was available for download free of charge from Council’s E-Tendering portal.

 

Eleven (11) tenders were received electronically through E-Tendering. The tenderers are listed below. They are listed in order of receipt. This listing does not reflect any ranking assessment.

 

1.       Holding Redlich

2.       Redenbach Lee

3.       Swaab Attorneys

4.       Marsdens Law Group

5.       McInnes Wilson

6.       Moray & Agnew

7.       Lander and Rogers

8.       McCullough Robertson

9.       McCabes

10.     Wiltshire Webb

11.     HWL Ebsworth

 

Tender Evaluation

 

The Tender Assessment Panel comprised three staff members, including the Legal Counsel who is the Council Officer assigned to management of Council’s legal services. The other Panel members were the Manager Corporate Services and the Strategic Procurement Coordinator.

 

Tenders were initially assessed for conformity and all of the tenders received were accepted as conforming with the “Conditions of Tendering”.

 

Tenders were evaluated against three capability selection criteria, which were:

 

Profile and relevant experience

 

This criterion was evaluated on

 

I.    the tenderers business being relevant to what Council is seeking,

II.   that the tenderer has relevant experience, particularly in providing the deliverables and in local government,

III.  a commitment to improving environmental impact, has programs in place to provide employment/training for disadvantaged people.

 

Quality and availability of resources

 

This criterion was evaluated on

 

i.    Clear management structure, that key personnel have relevant qualifications and experience

ii.    Enough staff to do the work and that those staff have relevant skills and experience

iii.   Minimal use of subcontractors that Any subcontractors that are used are well managed to ensure compliance

 

Delivery plan

 

This criterion was evaluated on

 

i.    The tenderer has processes and systems in place to manage the work

ii.    Offers metrics for managing performance

iii.   Clear and realistic information plan that demonstrates understanding of Council’s requirements

iv.  Commitment to purchase supplies/services from NOROC businesses, social enterprise and/or indigenous businesses.

v.   Offers employment for local/disadvantaged people.

vi.  Products offered or used offer sustainability advantages (e.g. Australian made/recyclable et cetera)

 

The Tender Assessment Panel also assessed pricing as per the attached evaluation assessment. A combination of the capability ranking and the pricing brought about a value for money ranking. Overall value for money for each respondent was calculated using the quality: price ratio. The respondent with the highest quality:price ratio offers the best overall value for money.

 

The Tender Assessment Panel considered it would be preferable to have a minimum of two suppliers on the panel to sustain competitiveness and ensure availability.

 

The Evaluation report recommends to Council that it award the tender to the top four ranked tenderers.

 

Council’s resolution should list the successful tenderers in ‘alphabetical order’, as is usually the case where multiple suppliers are appointed to avoid any inference otherwise being drawn as to the commercial-in-confidence information contained in the tender submissions.

 

Financial Implications

 

There are no financial implications from entering into contracts under this Tender because the Request for Tender made it very clear that even if Council appointed a service provider or multiple service providers to a panel, that would not be a guarantee of allocation by Council of legal work.

 

That is, even if Council appoints tenderers under this contract, Council has the right not to consume any legal services at all, in which case there would be no financial implications to Council. However, the reality is that Council will, over the period of the contract, most likely consume some legal services.

 

The amount of legal services Council consumes as a result of taking enforcement and regulatory action, defending decisions made on development, planning and environmental applications, defending third party challenges to other decisions by Council and on obtaining advice and other services, such as conveyancing, varies considerably from year to year.

 

Council always endeavours to minimise expenditure on legal services by undertaking as much of Councils legal work in-house via the professional services of the Legal Services team.

 

Council must manage the cost of legal services within the annual legal budgets it allocates annually.

 

Statutory and Policy Compliance Implications

 

The tendering process has been undertaken in accordance with Council’s procurement policy, and the provisions of the Local Government (General) Regulation 2005.

 

The Local Government (General) Regulations 2005 define the options available to Council.  An extract is provided below. 

 

LOCAL GOVERNMENT (GENERAL) REGULATION 2005

 

178 ACCEPTANCE OF TENDERS

(1)     After considering the tenders submitted for a proposed contract, the council must either:

(a)     accept the tender that, having regard to all the circumstances, appears to it to be the most advantageous, or

(b)     decline to accept any of the tenders.

(1A) Without limiting subclause (1), in considering the tenders submitted for a proposed contract for the performance of domestic or other waste management services, the council must take into account whether or not existing workers (within the meaning of clause 170) will be offered employment or engagement on terms and conditions comparable to those applicable to the workers immediately before the tender was submitted.

(2)     A council must ensure that every contract it enters into as a result of a tender accepted by the council is with the successful tenderer and in accordance with the tender (modified by any variation under clause 176). However, if the successful tender was made by the council (as provided for in section 55 (2A) of the Act), the council is not required to enter into any contract in order to carry out the requirements of the proposed contract.

(3)     A council that decides not to accept any of the tenders for a proposed contract or receives no tenders for the proposed contract must, by resolution, do one of the following:

(a)     postpone or cancel the proposal for the contract,

(b)     invite, in accordance with clause 167, 168 or 169, fresh tenders based on the same or different details,

(c)     invite, in accordance with clause 168, fresh applications from persons interested in tendering for the proposed contract,

(d)     invite, in accordance with clause 169, fresh applications from persons interested in tendering for contracts of the same kind as the proposed contract,

(e)     enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender,

(f)      carry out the requirements of the proposed contract itself.

(4)     If a council resolves to enter into negotiations as referred to in subclause (3) (e), the resolution must state the following:

(a)     the council's reasons for declining to invite fresh tenders or applications as referred to in subclause (3) (b)-(d),

(b)     the council's reasons for determining to enter into negotiations with the person or persons referred to in subclause (3) (e).

 

179 NOTIFICATION OF ACCEPTANCE OF SUCCESSFUL TENDER

As soon as practicable after entering into a contract in accordance with clause 178 or deciding not to accept any of the tenders for a proposed contract, a council must:

(a)     send to all tenderers whose tenders were not accepted notices to the effect that their tenders were unsuccessful or, as the case may be, that none of the tenders for the proposed contract was accepted, and

(b)     display in a conspicuous place that is accessible to members of the public a notice specifying the name of the tenderer whose tender was accepted and the amount of the successful tender or, if none of the tenders was accepted, a notice to that effect.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.10

 

 

Report No. 13.10         Joint Organisation of Councils

Directorate:                 Corporate and Community Services

Report Author:           Ralph James, Legal Counsel

File No:                        I2018/95

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

A report was been prepared and submitted to 1 February Ordinary meeting on this subject. The purpose of the Report being to provide Council with an update on the status of Regional Joint Organisations of Councils, and to allow Council to consider the invitation from the Office of Local Government, issued in its correspondence dated 1 December 2017 (refer Attachment 1), for Council to voluntarily join the Northern Rivers Joint Organisation of Councils.

 

Council following consideration of the Report resolved via Resolution 18-043 as follows:

 

“1. That Council defer consideration of the report for the purposes of a Strategic Planning

Workshop (SPW) to receive details and implications of the proposed legislative and

governance framework for Joint Organisations and how it might change decision making

processes of Council in the future and in particular, participation of the community,

accountability and transparency of decision making.

 

2. That Council, following the SPW, receive a further report at the 22 February meeting.”

 

  

 

RECOMMENDATION:

That, in accordance with Part 7 of Chapter 12 of the Local Government Act 1993 (Act), Council:

 

1.       Inform the Minister for Local Government (Minister) of the Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation in accordance with this resolution.

 

2.       Approve the inclusion of the Council’s area in the Joint Organisation’s area.

 

3.       Request that the Joint Organisation be established to cover the Council’s area and any one or more of the following council areas:

 

a)      Richmond Valley

b)      Lismore City

c)      Ballina Shire

d       Kyogle

e)      Tweed Shire

 

4.       Authorises the General Manager to provide the Minister with a copy of this resolution including the date on which Council made this resolution before 28 February 2018.

 

5.       Authorises the General Manager to, on the expiry of a period of 28 days from the making of this resolution, inform the Minister that this resolution has not been rescinded.

 

Attachments:

 

1        Letter from the Office of Local Government-Joint Organisations, E2018/4097  

2        Joint Organisation Information Pack, E2018/4099  

3        Second Reading speech Mr John Barilaro ( Monaro—Deputy Premier, Minister for Regional New South Wales, Minister for Skills, and Minister for Small Business) , E2018/7877  

 

 


 

Report

 

The Office of Local Government (“OLG”) has written to Councils following the recent passage by the NSW Parliament of the Local Government Amendment (Regional Joint Organisations) Bill 2017. The OLG in its correspondence of 1 December 2017 has stated that this legislation allows for Councils to voluntarily join a new Joint Organisation “to strengthen regional coordination and improve the delivery of important infrastructure and services for communities through strategic planning, collaboration and shared leadership and advocacy”.

 

Council has been invited to establish and nominate to join the Northern Rivers Joint Organisation of Councils.

 

The Office of Local Government in its Joint Organisations – Frequently Asked Questions provides the following information on structure and purpose of a Joint Organisation.

 

 “A Joint Organisation is a new entity under the Local Government Act comprising member councils in regional NSW to provide a stronger voice for the communities they represent.

 

A Joint Organisation will provide a more structured, permanent way for local councils, State agencies and other interested groups to collaborate. Each region will decide its own priorities, working on short and long term projects such as attracting a new industry to the region or improving the health of a river system. By putting their resources together and focusing on the unique challenges and strengths of their whole region, Joint Organisation members can drive better outcomes for local residents.

 

Each Joint Organisation will comprise at least three member councils and align with one of the State’s strategic growth planning regions. One of the member council’s mayors will be elected chairperson and an Executive Officer may be appointed.”

 

Further information on the proposed Joint Organisations and the entire process is available on the Office of Local Government’s website (olg.nsw.gov.au), under the heading of Strengthening Local Government. The following link is provided http://www.olg.nsw.gov.au/content/joint-organisations-strengthen-regional-nsw.

 

Byron Shire currently sits within the North Coast State Planning Region along with Tweed Shire, Ballina Shire, Bellingen Shire, Kyogle, Richmond Valley, Nambucca Shire, Lismore City, Clarence Valley, Kempsey Shire, Coffs Harbour City and Port Macquarie-Hastings Councils.

 

The Office of Local Government  in the information provided to Councils on Joint Organisations and the next steps (Attachment 2), has indicated that a Council should consult with other Councils within their allocated Regional Planning Region, to identify the member Councils for a Joint Organisation.

 

NOROC at a meeting held in November 2016 resolved to endorse the submission to the NSW Government’s Joint Organisations: Getting the Boundaries Right report (16/17:R14).The submission stated that NOROC supported the proposed boundaries for the Northern Rivers Joint , and that NOROC included the Kyogle, Richmond Valley, Tweed, Byron, Lismore and Ballina Local Government areas, and that the alignment of the proposed boundary for the Joint Organisation and the current NOROC boundary would ensure a smoother transition process.

 

Each of the individual Councils within the area of a proposed Joint Organisation needs to pass a resolution establishing the Joint Organisation and its membership, and confirming that the Council wishes to be member of the Joint Organisation.

 

This format and the content of the resolution has been prescribed by the Office of Local Government. The resolution when passed by Council, along with the Council’s nomination to join a Joint Organisation, needs to be submitted to the Office of Local Government prior to 28 February 2018.

 

This report has been prepared to allow Council to consider the invitation from the Office of Local Government, for Council to join the Northern Rivers Joint Organisation of Councils, by passing the required resolution.

 

Financial Implications

 

At this stage there is not anticipated to be any additional resource or financial implications to Council, although this could change over time if the Joint Organisation sought to increase its level of service to the member councils and a higher staff resource was needed. This would only occur in consultation with the member councils.

 

The current contribution to NOROC is approximately $15,500.

 

Initial establishment funding is to be provided by the State Government, with $3.3 million to be allocated to the project. NOROC, or the new Joint Organisation, will look at opportunities to access this funding for projects that may benefit the region.

 

Statutory and Policy Compliance Implications

 

Local Government Act 1993.

 

The legislation provides as follows for joint organisations:

 

(a)     it enables the making of proclamations by the Governor to constitute joint organisations and provides for the area of the joint organisation (a joint organisation area) to consist of at least 2 council areas,

 

(b)     it prohibits a council area from being included in a joint organisation area unless the council has resolved to approve inclusion of the council’s area in the joint organisation area,

 

c)      a joint organisation established under a proclamation is constituted as a body corporate with the powers of an individual both in and outside the State,

 

(d)     the principal functions of a joint organisation are to establish strategic regional priorities, provide regional leadership and identify and take up opportunities for inter-governmental co-operation on regional matters,

 

(e)     joint organisations may also deliver services to or on behalf of councils and provide assistance to councils (including capacity building), subject to any restrictions imposed by the regulations,

 

(f)      a joint organisation is to make decisions through its board, which will contain voting and non-voting representatives. The voting representatives will be the mayor of each council whose area is included in the joint organisation (a member council) as well as one additional representative for each member council if the board determines that additional representatives are to be added,

 

(g)     the role of the board is to direct and control the affairs of the joint organisation. The board is to prepare and adopt a charter for the joint organisation,

 

(h)     the chairperson of the joint organisation is to be elected by the voting representatives from the representatives who are mayors and is to hold office for 2 years and may, if the board

          so determines, be a non-voting chairperson,

 

(i)      regulations may be made to enable alternates to be appointed for voting representatives and may provide that the alternates may only act for limited periods,

 

(j)      a voting representative will cease to hold office when he or she ceases to be the mayor or councillor of a member council, resigns, has a nomination revoked or is removed from office by the Minister and will be suspended for any period of suspension as a mayor or councillor,

 

(k)     a member council may request that the Minister remove the mayor of the council from the board on the ground of exceptional circumstances, with or without the consent of the mayor,

 

(l)      the role of the executive officer of a joint organisation is to conduct the day-to-day management of the joint organisation and to give effect to lawful decisions of the joint organisation,

 

(m)    the functions of the joint organisation may be exercised by means of the representatives, by a committee or by other provision or means, jointly with another person or persons or a member council or by a delegate,

 

(n)     a joint organisation cannot require a member council to delegate a function to it,

 

(o)     if an administrator is appointed for a member council, the administrator may exercise the functions, and has the same number of votes as, all of the voting representatives of that council,

 

(p)     the Governor may make proclamations amending the constitution of, or dissolving, a joint organisation,

 

(q)     provisions enabling savings and transitional provisions to be included in proclamations constituting councils will apply to proclamations made under the proposed Part,

 

(r)      a function of the joint organisation may be delegated to a committee, the executive officer or any other person or body. The executive officer may sub-delegate the function as well as delegate his or her functions. A joint organisation may also sub-delegate to a committee, the executive officer or any other person or body functions delegated to the joint organisation by the Chief Executive of the Office of Local Government or a member council,

 

(s)     the regulations will be able to provide for the making of financial contributions by member councils to a joint organisation and this may include making employees available for the purposes of the joint organisation,

 

(t)      limitations are imposed on the employment of staff pending certain declarations,

 

(u)     provisions of the Local Government Act 1993 that apply to councils are applied to joint organisations as if they were councils, subject to specified exclusions. Regulations may also be made to exclude the application of additional provisions and to apply excluded provisions.

 

The intent of the Government in introducing the legislation and its intended operation of Joint Organisations is set out in the Second Reading Speech of Mr John Barilaro ( Monaro—Deputy Premier, Minister for Regional New South Wales, Minister for Skills, and Minister for Small Business) Attachment 3.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.11         Update on the CZMP for the Eastern Precincts of the Byron Bay Embayment

Directorate:                 Sustainable Environment and Economy

Report Author:           Chloe Dowsett, Coastal and Biodiversity Coordinatior  

File No:                        I2017/2004

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

This report provides an update on the development of the draft Coastal Zone Management Plan (CZMP) for the Eastern Precincts of the Byron Bay Embayment (Cape Byron to Main Beach) for submission to the Minister in June 2018. Also outlined in this report are revised timeframes as previously reported on the delivery of the CZMP to the Minister.

 

The revised timeframes are based on a request from the Office of Environment and Heritage (OEH) to complete a formal review of the CZMP (requiring up to 3 weeks) prior to the CZMP going to public exhibition. This aims to increase the potential for Ministerial certification of the plan prior to the lapsing of the existing legislations transitional arrangements.

 

 

  

 

RECOMMENDATION:

That Council note the report.

 

 

 

 

 

 

 


 

Report

 

Background

Council considered a report at the 26 October 2017 meeting on the Minister’s and NSW Coastal Panel’s advice on the draft Coastal Zone Management Plan for the Byron Bay Embayment, which included amongst other advice excising the Belongil Spit area from the plan and resubmitting for Ministerial certification.  At this meeting Council resolved (Resolution 17-521) to prepare a Coastal Zone Management Plan (CZMP) for the Eastern Precincts of the Byron Bay Embayment (BBE) for Cape Byron to Main Beach, comprising Wategos/Little Wategos, The Pass, Clarkes Beach and Main Beach precincts.

 

It is critical to have the new CZMP completed and with the Minister for certification prior to the lapsing of the existing legislation’s transitional arrangements. It is expected that the legislation will come into effect within the next few months; therefore the new CZMP should ideally be with the Minister by end of June 2018, to leave ample time for review and approval of the plan.

 

Plan Development

The development of a draft CZMP for the Eastern Precincts of the BBE has commenced and is progressing well. The process for developing the plan has been more complex than just simply ‘splitting’ the plan in two, as new coastal issues have emerged within the planning area. As such, early engagement and involvement with public agencies has taken place from the beginning of the process.

 

Management issues and actions presented in the preceding CZMP BBE relating to the Eastern Precincts were not a focus of the Coastal Panel of OEH review in 2016 as the complex issues at Belongil Spit took precedent and overshadowed other precincts (Cape Byron to Main Beach). Hence, actions and strategies proposed in the newly formed CZMP for the Eastern Precincts have been fleshed out in more detail in close consultation with agencies and OEH.

 

A workshop was held on 24 January 2018 with some agencies in attendance and others providing written comments for discussion at the workshop. The workshop was very productive to gain feedback on the proposed actions and strategies, and discuss new issues relevant to the planning area.

 

Agency support for the actions in the plan that pertain to them is critical to the success of the plan and agency agreement in the form of a ‘Letter of Support’ is required to accompany the CZMP document.  

 

Advice, comment and feedback has already been received on the preliminary draft plan by the Office of the Environment and Heritage (OEH) with the main comments provided below and a response as to how these comments have been addressed.

 

#1: The plan needs to be clear, concise and upfront as to how it proposes to manage this section of the coast.

 

The newly formed plan is succinct with the majority of background information on management issues and objectives now in Appendices. The plan is open and transparent and seeks to accord with the guidance of existing Council policy and State legislation. The plans aims to manage this section of the coast based on Councils current planning controls and resolutions

 

#2: The plan needs to be fully furnished prior to submission to the Minister. The plan should be accompanied by letters of support from Public Agencies before being submitted to the Minister. The plan will most likely be reviewed by the NSW Coastal Panel, and time does not allow for the Coastal Panel to request additional information of any kind.

 

To achieve this, the plan will be formally reviewed by OEH (3 weeks required) with comment requested from Public Agencies prior to going to Council for endorsement and Public Exhibition. This aims to ensure agency agreement of the plan and that the plan is 100% certifiable (to the best of our knowledge) by the Minister. The plan needs to be a fully furnished final draft prior to submission with accompanying letters of support from agencies.

 

#3: The upgrade of the Jonson Street Protection Works (JSPW) is a positive strategy and will provide public benefit, amenity and safety. This strategy should be at the forefront of the plan and needs to be outlined in more detail.

 

The highest and most costly priority action to retain coastal protection works at Main Beach (Jonson Street) is now at the forefront of this plan. More detail has been given in the plan as to the justification for the retention and upgrade of the works, the masterplanning process recently completed, the benefits to the community (access, amenity, safety, and protection of the town centre) and actions required to be completed.

 

#4: High priority actions/strategies should ideally be budgeted for and included in Councils IP& R framework. This shows Council commitment and intention to implementing the proposed management strategies. 

 

This report recommends that Council allocate $150,000 (50% of project costs) for the Jonson Street Protection Works pre-construction stage over the 2018/19 and 2019/2020 financial years.

 

OEH have been working closely with council staff in the development of the plan and are committed to assisting council in the delivery of a fully furnished CZMP to the Minister by June 2018. Trying to ensure the success of the CZMP, OEH have requested they complete a formal review of the draft plan prior to the plan being publicly exhibited. This review may take up to 3 weeks.

 

Project Delivery

 

At the 14 December 2017 meeting council considered a report on the delivery timeframes for the CZMP. At this time it was expected that a draft plan would be reported to the 22 February 2018 meeting.  However, due to OEHs request to complete a formal review of the CZMP prior to going to public exhibition, the timeframe for delivery of the plan has been pushed back by one month.

 

Outlined below is the current delivery and timeframes for this project.

 

When

What

Status

December 2017

Commence development of the CZMP for the Eastern Precincts BBE (Cape Byron to Main Beach)

 

Commenced

Report to 14 December Council meeting on status of draft plan and other coastal projects.

 

Plan for the Eastern Precincts acknowledged as highest priority project.

Complete

January 2018

Workshop with Public Agencies (24 Jan) on the draft plan

Complete

February 2018

 

Close consultation with OEH to finalise the draft plan.

 

 

Preliminary review of draft CZMP by OEH and public agencies.

 

 

Workshop for Councillors (8 Feb) - presentation of draft plan and agency comments/feedback.

 

Report to Council (22 Feb) – update on development of plan.

Formal review by OEH (3 weeks)

 

 

Commenced and on-going

 

Complete

 

 

 

Complete

 

 

This report

 

 

Pending

March 2018

 

Report to Council (22 Mar) on draft CZMP. Council approve draft CZMP to go to public exhibition.

 

Community engagement activities.

 

 

Pending

 

 

 

April 2018

Public Exhibition (4-5 weeks).

 

Community engagement activities.

 

Pending

 

 

 

May 2018

 

Review submissions and feedback.

 

Report to Council, finalise plan.

 

Seek letters of support from public agencies.

 

 

Pending

 

 

 

 

June 2018

Submit to Minister for certification.

 

Pending

 

July 2018

Review and approval of the CZMP.

 

Pending

 

 

 

Financial Implications

 

Council resolved that it would consider an allocation of $150,000 (50% of project costs) at the 14 December 2017 meeting (Res 17-641).

 

Statutory and Policy Compliance Implications

 

The Coastal Protection Act 1979 is soon to be repealed by the Coastal Management Act 2016.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Report No. 13.12         PLANNING - 24.2017.82.1 'Housekeeping' Amendment - Byron DCP 2014 (Various Chapters)

Directorate:                 Sustainable Environment and Economy

Report Author:           Steve Daniels, Project Officer - Planning Reforms

File No:                        I2018/10

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

This report presents the public exhibition outcomes for a proposed ‘housekeeping’ amendment to Byron DCP 2014 (various chapters) in accordance with Council Resolution 17-414.  The amendment seeks to resolve a number of anomalies and inconsistencies that create issues when assessing development applications.  An itemised description and rationale for the proposed amendments was provided in report 13.11 to the 21 September 2017 Council Meeting

http://byron.infocouncil.biz/Open/2017/09/OC_21092017_AGN_610_WEB.htm

 

The proposed amendment was placed on public exhibition for a period of 30 days from Thursday 16 November 2017 to Friday 15 December 2017.  Five submissions were received during the exhibition period. 

 

The majority of submissions raise concerns with regard to proposed amendment ‘Item 8’ which seeks changes to Chapter D2: Residential Accommodation and Ancillary Development in Rural Areas.  The remaining issues raised were in relation to proposed amendment ‘Item 3’ which seeks changes to Chapter B3: Services, and amendment ‘Item 11’ which seeks changes to Chapter D8: Public Art.  Submission details and staff responses to each submission are provided in the body of this report. No changes are proposed as a result of the submissions.

 

Item 12 of the draft amendment proposed a new DCP chapter – Chapter D9: Child Care Centres.  Following the introduction of State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017, this chapter is now redundant and it’s recommended that it be removed.

 

Additional changes are also recommended to Item 4, B3.2.1: Provision of Services.  Since the proposed amendment was first reported to Council, the NSW Department of Planning has issued Planning Circular No. PS 17-002 which recommends that consent authorities adopt a model condition of consent for real estate developments.  The condition of consent relates to the provision of telecommunications infrastructure and requires that developers install fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected.  Recommended changes to Item 4, B3.2.1: Provision of Services are detailed in Attachment 1.

 

It should be noted that Item 4 also enables alternative means of telecommunications access for rural subdivision to be considered where the applicant can demonstrate that an NBN service is available.  No changes to this provision are recommended.

 

Item 7 of the draft amendment proposes minor changes to D1.2.2 Setbacks from Boundaries.

An additional amendment is recommended to clarify that in instances where parking provision is not required by the DCP (i.e. visitor parking is not required for a dwelling house); informal parking within the driveway may be provided.  If parking provision is required by the DCP, it must not be provided within setbacks.  Recommended changes to Item 7, D1.2.2 Setbacks from Boundaries are detailed in Attachment 1.

 

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:

 

1.       That Council adopts the exhibited amendments to Byron DCP 2014 with the following changes:

 

a)   removal of Chapter D9: Child Care Centres;

b)   amendment to B3.2.1 Provision of Services as contained in Attachment 1; and

c)   amendment to D1.2.2 Setbacks from Boundaries as contained in Attachment 1.

 

2.       Adopt the Byron DCP 2014 amendment and give public notice of the decision within 28 days.

 

 

Attachments:

 

1        24.2017.82.1 - Schedule of Proposed Amendments to Byron - Amended following public exhibition, E2018/10197  

2        Confidential - 24.2017.82.1 Submissions, E2018/6624  

 

 


 

Report

 

Council resolved to proceed with preparation and public exhibition of the proposed amendments to Byron DCP 2014 (various chapters) on the 21 September 2017 as follows:

 

17-414 Resolved:

 

1.   That Council proceed with preparation and public exhibition of the Byron DCP 2014 amendments proposed in this report, as detailed in Attachment 1 (#E2017/86663) and Attachment 2 (#E2017/85812) as amended below:

 

Item 4 - Chapter B3 Services B3.2.1 Provision of Services

 

3. Telecommunications Infrastructure

 

c)  Alternative means of telecommunications access for rural subdivision may be considered where the applicant can demonstrate that an NBN service is available and is supported by a letter from a recognised telecommunications consultant confirming that each allotment can be serviced by such a system.

 

Approvals for rural subdivisions utilising alternative means of telecommunications access will require restrictions on the title of all new allotments consistent with the concept sought by the developer (e.g. fixed line telephone services not provided).

 

2.   That Council receive a further report for consideration of submissions following the statutory public exhibition period;

 

3.   That should there be no submissions, the amendments to the DCP be adopted as of the close of the statutory public exhibition period date, and notified accordingly.

 

The proposed amendment was placed on public exhibition for a period of 30 days from Thursday 16 November 2017 to Friday 15 December 2017 in accordance with Res 17-414.  Five public submissions were received during the exhibition period and one staff submission has been included in this report. 

 

Submissions

 

Council received five submissions during the exhibition period.  No amendments to the DCP are recommended as a result of the submissions. The table below identifies the key issues raised in the submissions and includes staff comments for Council’s consideration.   

 

The table below should be read with reference to Attachment 1 (Schedule of Proposed Amendments).

 

Issue Raised in Submission

Staff Comment

DCP Amendment Item 3:

·    Council should consider an amendment to the DCP to ensure that acoustic barriers and associated infrastructure are to be contained within the development they are servicing.

 

 

Noted.  This suggestion will be considered for a future amendment to the DCP. 

DCP Amendment Item 8:

·    Given that our Council has invested a great deal of time for affordable housing, it appears at odds with itself to then reduce the number of studios that can be constructed on rural lands.  Rural lots play a vital role in providing a mix of affordable housing and this does not seem to be recognised by Council.

 

 

 

 

This submission reflects the unlawful practice of building rural studios for the purpose of separate habitation, be it in the form of rental accommodation or holiday letting.

 

Existing DCP provisions require that a studio must not be used for separate habitation.  The objective of the controls is to enable construction and use of a detached building where, because of its nature or space requirements, the proposed use of the building is not practical within the confines of the dwelling.  Examples of such uses may include a workshop, art space or home office.

 

Therefore, proposed controls pertaining to rural studios should have no bearing on addressing affordable housing concerns within the Shire.

  

 

·    There are no clear reasons or objectives given for the changes to D2.7.1 Studios.

 

The reasons/objectives stated for all amendments included under ‘Item 8’ are:

 

·    To ensure that the character and amenity of the Shire’s rural zones does not become compromised by over development.

 

·    To ensure that planning controls applicable to rural zones seek to achieve a scale of residential development that is consistent with the objectives of the zone.

 

 

·    Studios should be allowed for each approved dwelling within a rural allotment. Many households have a need for a workspace that is external to the main dwelling building and working from home is becoming more popular with the rollout of the NBN. 

 

 

 

 

 

The proposed controls do not strictly prohibit the construction of more than one rural studio.  The Objectives and Performance Criteria applicable to D2.7.1 Studios enable the construction of a studio where it can be demonstrated that a legitimate need exists for the studio.  Therefore, a development application seeking an additional studio may be considered if the applicant has satisfied this requirement. 

 

 

·    It is logical that if one studio per dwelling is permitted in a multiple occupancy, it should also be permitted in a dual occupancy.

 

 

Both dwellings in a rural dual occupancy development are owned by a single land owner unless later subdivided.  A rural studio may be shared among the residents of the property or an additional studio may be considered if there is a demonstrated need for the studio and it will not result in over development of the land.

 

This scenario is distinctly different from multiple occupancy development whereby the lot is collectively owned.  For a multiple occupancy development, the DCP permits a rural studio for each dwelling in the interest of equity among each of the individual owners of the land.

 

The key objective for Item 8 is to manage the scale of rural residential development and ensure that the rural character and rural environment is not compromised by over development.  In this regard, it should be noted that multiple occupancy development is only permissible in certain mapped locations within the Shire that have been selected based on suitable site characteristics for accommodating this form and scale of rural development.

 

 

·    There is a problem with the proposed amendment and its description because both a primary dwelling and a dual occupancy may be expanded houses and both the primary dwelling and dual occupancy could theoretically have a studio and secondary dwelling as part of their dwelling.

 

 

The submission is correct in stating that both a primary dwelling and a dual occupancy may be expanded houses.  However, where this arrangement constitutes more than six (6) residential buildings, the proposed controls would require applicants to demonstrate that there is a need for more than six (6) buildings and that the rural character and rural environment will not be adversely affected by over development.

 

The submission is incorrect in stating that both the primary dwelling and dual occupancy could theoretically have a secondary dwelling.  A secondary dwelling is quite literally a ‘second dwelling’ on the property and must meet Byron LEP 2014 requirements with regard to gross floor area.  An application for three (3) or more dwellings would be assessed as ‘multi-dwelling housing’ which is not permissible in rural zones.

 

It should be noted that where a development application for a rural studio would result in more than six (6) buildings on the property, the proposed controls would again require the applicant to demonstrate that there is a need for more than six (6) buildings and that the rural character and rural environment will not be adversely affected by over development.

 

 

·    Item 8 does not take into consideration the Affordable Housing SEPP which allows Group Homes (temporary and permanent) in rural zones where a dwelling is permitted.

 

 

For applications where the provisions of a SEPP apply (such as an application seeking approval for a Group Home), the provisions of the SEPP take precedence over any DCP provisions that may obstruct the application of the SEPP.     

 

DCP Amendment Item 11

 

Object to the proposed amendment on the following grounds:

 

1.   The amendment has been proposed at a time when Council’s Public Art Policy and Guidelines are under review.

 

2.   No justification for the proposed amendment has been provided by Council

 

3.   The proposed amendment allows developers to escape commissioning and displaying public art in their development, thereby devaluing public art as an essential component of significant developments

 

4.   The proposed amendment does nothing to address the unfair and regressive nature of the Developer Contribution as it applies to public art

 

5.   No method of valuing the cost of a work/s of public art is outlined, or referred to, in the draft chapter

 

 

This amendment relates to Council Resolution 15-604 which resolved;

 

1.   That Council amend the DCP Chapter D8 ‘Public Art’ to include under ‘Prescriptive Measures’ point 2 “In lieu of providing Public Art, the applicant could enter into a Voluntary Planning Agreement with Council to provide an equivalent financial contribution for the installation of Public Art in a suitable location.”

 

The amendment responds to the fact that not all developments subject to DCP Chapter D8 ‘Public Art’ will provide suitable opportunities for the display of art works in a public setting.  An example of such an occurrence would be a private development with limited street frontage or public exposure. 

 

Where practical opportunities for public art display are limited, the proposed amendment provides a solution by allowing developers to fund ‘off-site’ art works in suitable locations that are accessible to the public.  Entering into a Voluntary Planning Agreement with Council is an appropriate mechanism for developers to provide for public art in such instances.

 

Points 4 and 5 of the submission are noted.  These points will be considered under a comprehensive review of Chapter D8 Public Art.

 

 

Staff Review

 

·    Item 4 of the draft amendment proposed changes to B3.2.1 Provision of Services.  Since the proposed amendment was first reported to Council, the NSW Department of Planning has issued Planning Circular No. PS 17-002 which recommends that consent authorities adopt a model condition of consent for real estate developments.  The condition of consent relates to the provision of telecommunications infrastructure and requires that developers install fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected. 

 

Point b) of Item 4 has been amended to reflect this requirement (see Attachment 1), however certain forms of development are considered exempt, typically where it would be impractical or costly to upgrade existing infrastructure.  The exemptions are required under Commonwealth law. 

 

It should be noted that the condition of consent is not recommended to apply in rural areas. Therefore, no changes are recommended to the exhibited amendment which enables alternative means of telecommunications access for rural subdivision to be considered where the applicant can demonstrate that an NBN service is available.

 

·    Item 7 of the draft amendment proposed minor changes to D1.2.2 Setbacks from Boundaries.

An additional amendment is recommended to clarify that in instances where parking provision is not required by the DCP (i.e. visitor parking is not required for a dwelling house); informal parking within the driveway may be provided.  If parking provision is required by the DCP, it must not be provided within setbacks.  Recommended changes to Item 7, D1.2.2 Setbacks from Boundaries are detailed in Attachment 1.  

                    

·    Item 12 of the draft amendment proposed a new DCP chapter – Chapter D9: Child Care Centres.  Following the introduction of State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017, this chapter is now redundant and it is recommended that it be removed.

 

Financial Implications

As this is a Council initiated DCP amendment, the processing costs will be borne by Council.  If Council chooses not to proceed then the matter does not incur any additional costs.

 

Statutory and Policy Compliance Implications

The amendment of development control plans is governed by Environmental Planning and Assessment Regulation 2000 (Part 3 – Development Control Plans). The amendment process is summarised below:

 

Part 3 of the regulation states that a draft development control plan must be publicly exhibited for at least 28 days and copies of the draft development control plan are to be made publicly available.  After considering any submissions about the draft development control plan that have been duly made, the council:

 

(a)  may approve the plan in the form in which it was publicly exhibited, or

(b)  may approve the plan with such alterations as the council thinks fit, or

(c)  may decide not to proceed with the plan.

 

The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.  Notice of a decision not to proceed with a development control plan must include the council’s reasons for the decision.  A development control plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

 

The relevant policy considerations are addressed above.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         Draft Constitutions for new Biodiversity Advisory Committee and Sustainability and Emissions Reduction Advisory Committee

Directorate:                 Sustainable Environment and Economy

Report Author:           Sharyn French, Manager Environmental and Economic Planning

File No:                        I2018/19

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

At the 28 November 2017 Extraordinary meeting Council resolved (Res 17-611) to reorganise the existing Biodiversity and Sustainability Panel into two new committees:

1.   Biodiversity Advisory Committee, and

2.   Sustainability and Emissions Reduction Advisory Group Committee

 

Council also resolved that the draft Terms of Reference and community membership be developed with the assistance of nominated Councillors.

 

This report tables the draft Terms of Reference, membership and meeting schedule for Council’s consideration.

 

 

  

 

RECOMMENDATION:

1.   That Council nominate up to three councillors for each of the Biodiversity Advisory Committee, and Sustainability and Emissions Reduction Advisory Committee.

 

2.   That Council invite the previous Biodiversity and Sustainability Panel members to nominate for one or both of the committees and extend and invitation to Zero Emissions Byron for their nominated representative to participate in the Sustainability and Emissions Reduction Advisory Committee. 

 

3.   That the draft Terms of Reference for the Biodiversity Advisory Committee (Attachment 1 E2017/2233), and Sustainability and Emissions Reduction Advisory Committee (Attachment 2 E2017/2239) be confirmed at their respective first meetings.

 

4.   That Council adopt the meeting scheduled for both advisory groups as follows:

 

Sustainability and Emissions Reduction Advisory Committee

·    First week of March 2018 subject to nominated councillor availability

·    11.30am 29 March 2018

·    11.30am 28 June 2018

·    11.30am 30 August 2018

·    11.30am 25 October 2018

 

Biodiversity Advisory Committee

·    First week of March 2018 subject to nominated councillor availability

·    2pm 12 April 2018

·    2pm 14 June 2018

·    9am 11 October 2018

·    9am 20 December 2018

 

 

5.   That an amount of $3,000 is considered in the 2018/19 budget to support the committee meetings.

 

 

Attachments:

 

1        Draft Constitution -  Sustainability and Emissions Reduction Advisory Committee, E2018/2239  

2        Draft Constitution - Biodiversity Advisory Committee, E2018/2233  

 

 


 

Report

 

At 28 November Extraordinary meeting Council resolved the following (Resolution 17-611):

 

That Council:

1.       Agree to the overarching concept of a reorganising the Biodiversity Advisory Group and Sustainability and Emissions Reduction Advisory Group.

 

2.       The model and terms of reference and membership be drafted with the nominated Councillors Coorey, Ndiaye, Martin and Hunter.

 

3.       That the two new groups be designated as Committees as opposed to panel.

 

4.       That Council receive a further report to confirm the model and terms of reference and membership of the new Biodiversity Advisory Committee and Sustainability and Emissions Reduction Committee in February 2018.

 

5.       That, given the substantial amount of issues pertaining to Biodiversity and Sustainability in the Shire, and the schedule of meetings be devised that reflects this.

 

6.       That the first meetings of the new Biodiversity Advisory Group and Sustainability and Emissions Reduction Advisory Group occur at the earliest possible opportunity in 2018.       

This report tables the draft Terms of Reference (TOR) and proposed membership which were developed with the assistance of some of the councillors nominated by Resolution 17-611, part 2.

 

 

Draft Terms of Reference

Draft constitutions have been prepared and attached.  See Attachment 1 – Biodiversity Advisory Committee and Attachment 2 - Sustainability and Emissions Reduction Advisory Committee.  It is proposed that the draft TOR be confirmed by each Advisory Group at their first meeting.

 

 

Membership

It is proposed that the former Biodiversity and Sustainability Panel members be invited to nominate for community membership on one or both of the two new committees. Former Panel members are: Samala Heart, Joanna Immig, Luke McConell, Chris Sanderson, Peter Westheimer, and Andy Baker.

 

In addition, Zero Emissions Byron will be invited to nominate a representative on the Sustainability and Emissions Reduction Advisory Committee.

 

It is proposed that Councillor representation on each Advisory Committee be determined by Council at this meeting.

 

 

Meeting Dates

Thursdays are Councils nominated meeting dates. The following are meeting times available on a Thursday:

 

Sustainability and Emissions Reduction Advisory Committee

·    11.30am 29 March 2018

·    11.30am 28 June 2018

·    11.30am 30 August 2018

·    11.30am 25 October 2018

Biodiversity Advisory Committee

·    2pm 12 April 2018

·    2pm 14 June 2018

·    9am 11 October 2018

·    9am 20 December 2018

 

Resolution 17-611 called for meetings as soon as possible. In addition to the above meetings it is proposed that a further meeting be held during the first week of March subject to the nominated councillor’s availability.

 

The first meeting agenda will address item 6 Induction in the draft constitution; confirmation of the draft Terms of Reference; reports on relevant projects and develop a future meeting agenda schedule.

 

Financial Implications

 

Some of the proposed Committee meeting times cover the lunch period and funds are required for catering. Additionally some meetings may engage professionals to present on a particular subject of relevance to the committees and some may use different meeting formats such as field days and workshops. An amount of $3,000 is required, to support the committee meetings.

 

Statutory and Policy Compliance Implications

 

The Local Government (General) Regulation 2005 states:

 

260   Council may establish committees

(1)  A council may, by resolution, establish such committees as it considers necessary.

(2)  A committee is to consist of the mayor and such other councillors as are elected by the councillors or appointed by the council.

(3)  The quorum for a meeting of a committee is to be:

(a)  such number of members as the council decides, or

(b)  if the council has not decided a number—a majority of the members of the committee.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.14

 

 

Report No. 13.14         24.2017.81.1 Amendment to DCP 2014 Chapter E5 - Bayshore Drive (Habitat)

Directorate:                 Sustainable Environment and Economy

Report Author:           Steve Daniels, Project Officer - Planning Reforms

File No:                        I2018/31

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

This report presents the public exhibition outcomes for a proposed amendment to Byron DCP 2014 Chapter E5 – Bayshore Drive (Habitat) in accordance with Council Resolution 17-244.

 

The proposed DCP amendment (Draft DCP) was placed on public exhibition for a period of 30 days from 23 November 2017 to 22 December 2017.  A Development Application for the site was lodged by the applicant and exhibited concurrently with the Draft DCP.  One public submission to the Draft DCP was received during the exhibition period. 

 

The submission highlighted anomalies in the Draft DCP that are generally minor or typographical in nature. Correcting these errors ensure that the Draft DCP and the development concept adopted by Council under Res 17-224 are consistent.  Submission details and staff responses to the public submission are provided in the body of this report.

 

In addition to the public submission, Staff’s review of the draft DCP identified minor amendments generally related to the ecological enhancement components and minor typographical corrections.  These amendments will rectify any anomalies or inconsistencies that may cause problems when assessing development applications.

 

This report recommends that Council approve the exhibited Draft DCP Chapter E5 with changes in accordance with Attachment 1 to this report.

 

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:

 

1.       That Council amend the exhibited Draft Byron DCP 2014 Chapter E5 in accordance with Attachment 1 (E2018/7848) to this report.

 

2.       Adopt the Byron DCP 2014 amendment and give public notice of the decision within 28 days.

 

Attachments:

 

1        24.2017.81.1 [DRAFT] Byron DCP Chapter E5_Proposed Amendments following Public Exhibition, E2018/7848  

2        Confidential - 24.2017.81.1 - Public Submissions, E2018/7068  


 

Report

 

Council received a request from Planners North (the Applicant) to amend Chapter E5 (section 5.5) of Byron Development Control Plan 2014 (DCP 2014) relating to the ‘Habitat’ development (previously known as ‘Bayshore Village’).

 

Council resolved to proceed with preparation and public exhibition of the proposed DCP amendment on 22 June 2017 as follows:

 

17-224 Resolved:

 

1.   That Council support the request from the Applicant (Planners North) to amend Development Control Plan 2014 – Chapter E5.5, as it applies to the Habitat development at LOT 3 DP 1004514, Bayshore Drive BYRON BAY, to reflect the revised ‘Masterplan’ precincts and ‘DCP Amendment Proposal Summary’ contained in Attachment 2 to this report; and

 

2.   That the applicant be requested to lodge a formal Development Application that can be exhibited at the same time as the proposed DCP amendments for this site.

 

The ‘DCP Amendment Proposal Summary’ referenced in the above Council resolution and accessed at: http://byron.infocouncil.biz/RedirectToInvalidFileName.aspx?FileName=OC_22062017_ATT_607.HTM*$PDF3_ATTACHMENT_4080_2 , necessitated consequential amendments to many elements of DCP 2014 Chapter E5.5 in order to maintain a logical consistency with the development concept.    

 

The proposed amendment was placed on public exhibition for a period of 30 days from 23 November 2017 to 22 December 2017 in accordance with Res 17-244.  One public submission was received during the exhibition period (Attachment 2).  The proposed amendment was exhibited at the same time as the Development Application submitted by the applicant in accordance with Res 17-244.

 

Subject Site

 

The subject site is comprised of 6 lots and has an area of 4.921ha. It is located adjacent to and immediately northwest of the Byron Arts and Industry Estate, as illustrated in Figure 1 below.

Figure 1 – Subject Site

 

Background 

 

The site has an extensive history and due to a number of changes, in particular the rezoning of the site to B4 Mixed Use Zone, the applicant submitted a revised development concept consistent with the objectives of the new zone.

 

The revised concept proposal was reported to Council on 22 June 2017.  The proposal responds to the change of zoning by offering a similar style mixed use development, but reconfigured to deliver increased residential and commercial yields across much of the site. 

 

Public Submissions

 

Council received one public submission during the exhibition period.  The proposed amendments are generally minor or typographical in nature, and generally occur where elements of the draft DCP are inconsistent with the concept adopted by Council under Res 17-224.  Table 1 below describes the proposed amendments detailed in the submission and includes staff comments for Council’s consideration.  These amendments have been discussed with the proponent.

 

Table 1 below should be read with reference to Attachment 1 where the proposed amendments are shown in red text

 

Table 1: Public Submissions

Exhibited DCP

(Attachment 1) Page & Section

 

Proposed Amendment

Staff Comment

Page 13

 

E5.5.3.4

Precinct Plan

 

 

Under subheading:

 

2 (c) Precinct 2: Pocket Living

 

Remove reference to “6x three bedroom units”.

Supported.

 

The amendment is consistent with the concept adopted by Council.

Page 14

 

E5.5.4.1

Land Use, Management and Environmental Assessment

 

 

Under  subheading:

 

Prescriptive Measures

1.   Land use and Density

 

Change the maximum number of residential dwellings provided within the site from 140 to 152.

 

Supported.

 

Provision of 152 dwellings is consistent with the concept adopted by Council.

Page 15

 

E5.5.4.1

Land Use, Management and Environmental Assessment

 

Under Table:

 

E5.1 – Land Uses Consistent with Desired Future Character

 

Change the Built Gross Floor Area for Precinct 1 from 6100m2 to 7430m2.

Supported.

 

The 6100m2 figure accounts for the cumulative lot size of the Tired Living component of Precinct 1, not the Built Gross Floor Area.

Page 16

 

E5.5.4.1

Land Use, Management and Environmental Assessment

 

Under Table:

 

E5.2 – Setbacks

 

Include a 4 metre minimum setback to the external property (lot) boundary for Precinct 1.

 

Change the internal roads minimum setback for Precincts 2 & 3 from 3 metres to 0.5 metres.

Supported

 

Inclusion of a 4 metre minimum setback to the external property (lot) boundary for Precinct 1 is consistent with the setback provisions for Precincts 2 & 3.  This inclusion also removes any ambiguities that may create issues for assessment officers.

 

Changing the internal roads minimum setback for Precincts 2 & 3 from 3 metres to 0.5 metres is consistent with the setback provisions for Precinct 1.

 

Page 23

 

E5.5.4.4

Site and Open Space Design

 

Under subheading:

 

Prescriptive Measures

2.   Private Open Space

 

Amend point (c) to require that each ground floor unit has a minimum 49m2 private landscaped area (including terrace) plus additional common area.

  

Supported.

 

The proposed amendment is reflective of the increased residential densities provided across the site under the concept adopted by Council.

Page 29

 

Map E5.3

Habitat Precinct Plan

Amend the map label for Precinct 1 to show an area of 12129m2.

Supported.

 

This amendment corrects a typographical error.

 

Staff Review

 

The issues noted below include minor corrections, generally related to the ecological enhancement components of the Draft DCP.  These amendments will rectify any anomalies or inconsistencies that may cause problems when assessing development applications.  

 

Table 2 below should be read with reference to Attachment 1 where the proposed amendments are shown in red text

 

Table 2: Staff Review

Exhibited DCP

(Attachment 1) Page & Section

 

Proposed Amendment

Page 3 & 4

 

Contents, Maps, Figures and Tables

 

Note: Consequential updates to page numbers may be required should Council choose to adopt amendments proposed in this report.

Page 16

 

E5.5.4.1

Land Use, Management and Environmental Assessment

 

Under Table:

 

E5.1 – Land Uses Consistent with Desired Future Character

 

Change the Consistent Land Uses for Precinct 5 to read “Ecological enhancement, restoration, management and monitoring”.  This change better reflects all the elements of the Council approved Acid Frog Management Plan: Habitat North Beach, Byron Bay by Geolink Environmental Management and Design, Version 4 dated 4/5/17.

 

Page 17

 

E5.5.4.1

Land Use, Management and Environmental Assessment

 

Typographical change to correct numbering error for prescriptive measures ‘Buffering’ and ‘Environmental Assessment’.

 

 

Page 17

 

E5.5.4.1

Land Use, Management and Environmental Assessment

 

Under subheading:

 

Prescriptive Measures

3.   Buffering

 

Remove reference to “Lot 1 DP 1004514” and replace with “Lot 12 DP 1189646”.  This amendment reflects a change to the legal description of the lot after the lot was dedicated to Council.

 

Page 27

 

E5.5.4.7

Ecological Enhancement

 

 

Under subheadings:

 

Performance Criteria; and

Prescriptive Measures

 

Update to include the full title of the Council approved “Acid Frog Management Plan: Habitat North Beach, Byron Bay by Geolink Environmental Management and Design, Version 4 dated 4/5/17”. 

 

Additionally, note that habitat restoration applies both within the site and on adjoining lands.

 

These amendments remove any ambiguities that may cause problems for assessment officers.   

 

Financial Implications

 

The proposed amendments to DCP 2014 will be funded by the Applicant to ensure full cost-recovery.

 

Statutory and Policy Compliance Implications

 

The amendment of development control plans is governed by Environmental Planning and Assessment Regulation 2000 (Part 3 – Development Control Plans). The amendment process is summarised below:

 

Part 3 of the regulation states that a draft development control plan must be publicly exhibited for at least 28 days and copies of the draft development control plan are to be made publicly available.  After considering any submissions about the draft development control plan that have been duly made, the council:

 

(a)  may approve the plan in the form in which it was publicly exhibited, or

(b)  may approve the plan with such alterations as the council thinks fit, or

(c)  may decide not to proceed with the plan.

 

The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.  Notice of a decision not to proceed with a development control plan must include the council’s reasons for the decision.  A development control plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

 

The relevant policy considerations are addressed above.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.15

 

 

Report No. 13.15         PLANNING - Development Application No.10.2017.639.1 dual occupancy (detached), alterations and additions to existing dwelling house and two (2) lot strata subdivision of land at 33 Kallaroo Circuit Ocean Shores

Directorate:                 Sustainable Environment and Economy

Report Author:           Patricia Docherty, Planner

File No:                        I2018/33

Theme:                         Ecology

                                      Development and Approvals

 

 

 

DA No:

10.2017.639.1

Proposal description:

Construction of a new dwelling house to create a dual occupancy (detached), alterations and additions to existing dwelling house and two (2) lot strata subdivision of land

Property description:

LOT: 2083 DP: 808462

33 Kallaroo Circuit OCEAN SHORES

Parcel No/s:

130610

Applicant:

Ardill Payne & Partners

Owner:

Mrs J M Mangleson

Zoning:

R2 Low Density Residential

Date received:

13 November 2017

Integrated Development:

Yes – Bush Fire Safety Authority s.100B Rural Fires Act 1997

Public notification or exhibition:

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

-    Exhibition period: 30/11/17 to 13/12/17

-    Submissions received: One (1) objection

Planning Review Committee:

No

Delegation to determination:

Council

 

Issues:

·    Byron LEP 2014 - Clause 4.1E Minimum lot size (4.9 %variation)

·    Byron LEP 2014 – Clause 4.1Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings (36-37% variation)

·    Byron LEP 2014 - Clause 6.6 Essential Services. Driveway access clearance  doesn’t comply with Australian Standards

·    Byron DCP 2014 – access and parking, landscape principles, privacy fence  on a front boundary; cannot be supported; objectives for private open space; and character

·    Public submission

·    Bushfire prone land

·    Acid sulfate soils class 2

·    Does not address all reasons for previous refusal for same development (10.2016.844.1)

·    Building height plane on the western elevation

·    Suitability of the site for the development as proposed

·    Public interest (undesirable precedent)

 

Summary:

An application has been received to construct a new dwelling to create a dual occupancy (detached), alterations and additions to an existing dwelling and strata title subdivision at 33 Kallaroo Circuit, Ocean Shores.

 

The subject site has an area of 760.7m2, and the development would result in a (4.9%) breach of the 800m2 minimum lot size development standard for dual occupancies under clause 4.1E of Byron LEP 2014.  The proposed strata title subdivision will result in a significant breach of the 600m ² minimum lot size development standard under Clause 4.1 of the Byron LEP (37%). 

 

In addition, the proposal is inconsistent with provisions of Byron LEP 2014 in relation to essential services for driveway access and controls in Byron DCP 2014 in terms of minimum landscaped areas, private open space, car parking, driveway access, character and fencing.

 

For reasons explained further in the attachment to this report, proposed variations to Byron LEP and DCP 2014 are not supported. The inconsistency is symptomatic of a constrained site, which has limited room to accommodate a single storey three bedroom dwelling due to the large footprint and central location of the existing house. It follows that the clause 4.6 request to vary the minimum lot size is also not supported as there is insufficient justification to vary the standard. The site attributes are not conducive to a smaller lot size.

 

The proposal is not considered to represent a good development outcome, particularly given that alternative design options may exist. Approving variations to these standards and controls without sufficient justification may set an undesirable precedent and is not in the public interest.

 

Accordingly, the application is recommended for refusal.

 

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:

Pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application .10.2017.639.1 for construction of a new dwelling house to create a dual occupancy (detached), alterations and additions to existing dwelling house and two (2) lot strata subdivision of land, be Refused for following reasons:

a)      Pursuant to Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with clause 4.1E of Byron Local Environmental Plan 2014, which sets an 800m2 minimum lot size for dual occupancies (detached) in the R2 Low Density Residential Zone.

 

b)      Pursuant to Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with clause 4.1of Byron Local Environmental Plan 2014, which sets a 600m2 minimum lot size for new lots.

 

c)      Pursuant to Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the written request accompanying the proposed development fails to comply with clause 4.6 of Byron Local Environmental Plan 2014. Insufficient justification has been provided to demonstrate that compliance with development standards is unreasonable or unnecessary or that there are sufficient environmental planning grounds to justify contravening the standard’ or that proposed development is in the public interest.

 

d)      Pursuant to Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with clause 6.6 of Byron Local Environmental Plan 2014, which requires development consent must not be granted to a development unless suitable vehicular access has been provided.  The driveway width for the rear dwelling does not meet obstruction clearance requirements in accordance with Australian Standards AS2890.1.

 

e)      Pursuant to Section 79C (1) (a) (iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with Chapter B9 Landscaping of Byron Development Control Plan 2014. The proposal does not comply with the objectives of Part B9.5 Dual Occupancies and Semi Detached Dwellings. Landscape principles to provide a pleasant environment for enjoyment of occupants of each dwelling – lack of deep soil planting in rear yard for use by existing property.

 

f)       Pursuant to Section 79C (1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with Chapter D1 Residential Accommodation in Urban, Village and Special Purpose Zones of Byron Development Control Plan 2014. Private open space for the existing dwelling comprises a minimal sized fenced area (34 m²) bound by a driveway on two sides. Insufficient information has been provided to demonstrate how the proposed development can meet the objectives of Part D1.5.4 Private Open Space, privacy fence on a front boundary cannot be supported under Part D.1.2.5; and Part D1.5.2 DCP Character principles – does not provide adequate private open space – conflicts with proposed rear privacy fence, driveway width and interface with vehicles.

 

g)      Pursuant to Section 79C (1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access of Byron Development Control Plan 2014 in relation to the provision of stacked car parking for both dwellings.  Fails to demonstrate it will not adversely affect the use of private open space and width of driveway not meeting obstruction clearance requirements in accordance with Australian Standards AS2890.1.

 

h)      Pursuant to the provisions of Section 79C (1)(c) of the Environmental Planning and Assessment Act 1979, the site is not considered suitable for the development as proposed, as there is insufficient area to accommodate the proposed three bedroom dwelling and associated vehicle access, resulting in an overdevelopment of the site.

 

i)        Pursuant to the provisions of Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, approval of a development which contravenes Council’s adopted development standards and development controls without sufficient justification may set an undesirable precedent and is not in the public interest. Options for an alternative design may exist to achieve better outcomes in relation to private open space, landscaping, fencing vehicle access, and car parking.

 

 

Attachments:

 

1        DA.10.2017.639.1 Drawings for Council Report, E2018/6666  

2        Confidential - submission received, E2018/7963  

 

 


 

 

Assessment:

 

1.         INTRODUCTION

 

1.1.          History/Background

 

BA 5.1994.2293.1

Dwelling

Approved 18/05/1994

BA 6.1994.2750.1

Additions & alterations to dwelling

Approved 17/11/1994

DA 10.2016.844.1

Construct New Dwelling House to Create Dual Occupancy (Detached), Alterations and Additions to Existing Dwelling House and Strata Subdivision

Refused 04/07/2017

 

Development Application No. 10.2016.844.1 was refused primarily because the site has an area less than the 800m2 minimum area required under clause 4.1E of Byron LEP 2014 for a dual occupancy (attached) and insufficient justification was provided to support a variation to a development standard, particularly due to the multiple constraints including driveway access, stacked parking and private open space. 

 

The proposal to subdivide the lot to create a new strata plan would require a variation to Clause 4.1 Minimum Lot Size in excess of 37% comprising Two (2) new lots of 382 m² and 378.73 m². 

 

Council staff met the applicant and owner on 9th August 2017 to discuss the reasons for refusal of the original DA 10.2016.844.1.

 

In particular:

·    Landscaping did not meet the prescriptive requirements or objectives of the DCP. The new dwelling resulted in a high site coverage and excessive hard surfaces.

·    The private open space for the existing dwelling was poor and did not meet the objectives of the DCP. Due to the central location of the existing dwelling, there would be no backyard, and the proposed courtyard was bound by a driveway on two sides, offering poor privacy, solar access, safety and amenity.

·    The stacked parking situation was undesirable. Although the DCP doesn’t specifically outlaw such a layout - it would have been awkward and could have potentially resulted in future conflict.

·    The above issues were symptomatic of the lot size being too small for the proposed development; hence the clause 4.6 variation was not justified.

 

Options to address these issues were discussed, including:

·    Altering the patio for the existing dwelling – to try and create a private, landscaped courtyard for residents;

·    Altering the size and layout of the new dwelling to increase the separation between dwellings, and provide more landscaping;

·    Other general options such as having a secondary dwelling instead.

 

During the meeting the applicant proposed options such as removing the decks to increase landscaped area. Staff indicated that any changes to improve the design would be viewed positively, but ultimately it would be up to them to come up with a satisfactory design with sufficient merit to warrant approval.

 

The current application is lodged effectively to review that determination.  The review process provided under Section 82A of the Environmental Planning & Assessment Act 1979 is not available in this case, as the proposal is integrated development pursuant to that Act; being a Bush Fire Safety Authority s 100B Rural Fires Act 1997.

 

1.2.          Description of the proposed development

This application seeks approval to construct a new dwelling to create a dual occupancy (detached), plus alterations and additions to an existing dwelling and strata subdivision. In detail, the application proposes the following:

 

1)      New dwelling to create dual occupancy (detached)

a)      96.83 m2, single storey building;

b)      Weathertex external cladding with metal skillion roofs;

c)      3 bedrooms;

d)      Open plan lounge/dining/kitchen;

e)      Laundry, bathroom, WC and separate ensuite for bedroom 1; and

f)       Single carport with additional hardstand space in stacked configuration.

 

2)      Alterations and additions to existing dwelling house

a)      Removal of the existing awning to the eastern elevation of the existing dwelling;

b)      Alterations to internal garage and dwelling floor plan;

c)      Partially demolish double garage and convert to single garage;

d)      Provision of new driveway down eastern boundary to service new dwelling; and

e)      construction of privacy fences, including a front fence to Kallaroo Circuit to provide an extra private open space to the existing dwelling house.

 

3)      Tree removal

a)         Removal of two trees in the rear yard immediately behind the existing house.

 

4)      Strata subdivision

a)      Strata subdivision to create separate strata lots and common property for each dwelling house.

 

Changes made to plans previously refused under 10.2017.639.1 are:

 

·    deletion of the 32.98m 2 paved patio areas that adjoined the master bedroom and the lounge/dining room- to provide increased landscaped open space that will form part of the deep soil zones on the site;

·    reduction in the area of the roof of the proposed dwelling which previously extended over the paved patio area that adjoined the lounge/dining room;

·    provision  of a concept landscaping plan;

·    removal of the awning on the eastern elevation of the existing dwelling house;

·    addition of privacy/amenity fencing surrounding the private open space areas of Residence 1.

 

The new dwelling is provided with approximately 81m 2 of useable landscaped area excluding the area around the car port and under the eaves on the southern boundary containing rainwater tanks and other utilities, falling short of the 90m2 minimum requirement.

 

Private open space for the existing dwelling is provided by way of removal of an existing awning and a fenced area, bound on two sides by a driveway. The applicant has not demonstrated how this area can be configured to comply with the relevant objectives of the development control.

 

Demolition of the existing two car garage will result in tandem parking for both dwellings, which is generally considered to be an undesirable outcome.

 

The minimal width of the driveway access handle combined with the overhanging eaves is also not acceptable providing a minimum clearance of approximately 2.5 metres, failing to meet Australian Standards AS2890.1.

 

Numerous cumulative issues arise from the proposed development:

 

·    Byron LEP 2014 – Non-compliance with minimum subdivision lot size: general (Clause 4.1) and specific to dual occupancies detached (Clause 4.1E).

·    Clause 4.6 Variation of 37% for (Clause 4.1) minimum lot size - subdivision not justified.

·    Clause 4.6 Variation of 4.9 % for (Clause 4.1E) 800 m² minimum lot size for dual occupancies – insufficient merit to justify.

·    Byron LEP 2014 - Clause 6.6 - Essential Services - development consent must not be granted to a development unless suitable vehicular access has been provided (driveway width for the rear dwelling does not meet obstruction clearance requirements - Australian Standards AS2890.1 or DCP 2014.

·    Non-compliance with Part B4.2.2 of Byron DCP 2014 (stacked  parking between both dwellings – fails to demonstrate it will not adversely affect the use of private open space);

·    Non –compliance with DCP 2014 Part B4.2.3 (suitable vehicular access has not been provided - overhanging eaves into the driveway);

·    Non-compliance with Part B9.5 of Byron DCP 2014 (landscape principles and minimum landscaped area to provide a pleasant environment for enjoyment of occupants of each dwelling –  lack of deep soil planting in rear yard for use by existing property);

·    Non-compliance with D.1.2.5 of Byron DCP(privacy fence  on a front boundary cannot be supported;

·    Non compliance with Part D1.5.4 of Byron DCP 2014 (objectives for private open space);

·    Non-compliance with Part D1.5.2 of Byron DCP Character principles – does not provide adequate private open space – conflicts with proposed privacy fence, driveway width and interface with vehicles – refer to Landscape Plan, Drawing 8, Revision a, dated 19/09/2017.

·    Does not address all reasons for previous refusal for same development (10.2016.844.1);

·    Building height plane on the western elevation;

·    Suitability of the site for the development as proposed; and

·    Public interest (undesirable precedent).

 

1.3.          Description of the site

 

Land is legally described as

LOT: 2083 DP: 808462

Property address is

33 Kallaroo Circuit OCEAN SHORES

Land is zoned:

R2 Low Density Residential

Land area is:

760.7m2

Property is constrained by:

Acid Sulfate Soils (Class 2)    

 

Bushfire prone land

 

The property contains a single storey dwelling with brick veneer walls and a brown tiled roof.  The existing dwelling contains four bedrooms and a double garage.  A covered patio is located behind the double garage, which opens up onto a large backyard area with views of the Council reserve to the north.

 

The site is located within an established residential subdivision in north Ocean Shores, surrounded by single storey dwelling houses, which appear to date to the early to mid 1990’s.  Most feature brick veneer walls with tiled roofs.

 

Aerial image and site photos of the proposed development site are illustrated at figure 1 to 5.

 

 

Figure 1: Aerial image of site – 33 Kallaroo Circuit, Ocean Shores (Lot: 2083 DP: 808462)

 

 

Figure 2: Existing dwelling looking north from Kallaroo Circuit (centre frame). The double garage to be reduced to a single garage with stacked car parking and a new driveway down the eastern boundary.

 

Figure 3: Existing dwelling as viewed from the proposed development site in a southerly direction. The white lines indicate the proposed strata subdivision. Yellow line indicates the section of garage to be demolished to accommodate the new driveway (lines are indicative only).

 

 

Figure 4: Existing dwelling viewed from backyard. Covered patio overlooking driveway is the nominated private open space for the existing house.

Figure 5: Proposed dwelling site located behind the existing house. Planted vegetation will be removed. Council reserve adjoins to the north, and residential dwellings adjoin to the east and west.

A similar application for development of the site has previously been refused (Development Application No. 10.2016.844.1).  Whilst Development Application No. 10.2017.639.1 partly addresses some of the reasons for refusal in relation to landscaping and private open space, it is considered that it does not address all reasons for refusal.  

 

The application does not adequately justify variation to development standards for minimum lot size and the development has not been redesigned to address reduce the overall layout and footprint of the dwelling resulting in overdevelopment, minimal landscaped space for the original dwelling the majority of which is in the front set-back.  The layout of the site also results in stacked parking and insufficient driveway access with inadequate clearance widths. 

 

2.         SUMMARY OF REFERRALS

 

Referral

Issue

Development Engineer

Reasons for Refusal

 

Not Supported

The development application is not supported from engineering grounds and should be refused for the following reasons:

 

1.   Essential Services

Suitable Vehicular Access

In accordance with Byron LEP 2014 Section 6.6 development consent must not be granted to a development unless suitable vehicular access has been provided. Suitable vehicular access has not been provided for the following reasons:

 

·    Residence 2 has not provided parked cars with sufficient room to manoeuvre to enter and leave in a forward direction as required by Council’s DCP 2014 Chapter B4.2.3.

·    For Residence 2, if two cars are stacked on site the car parked adjacent to the boundary can not exit without both cars performing complex manoeuvres.

·    For Residence 2, the driveway width for the rear dwelling does not meet AS2890.1 requirements. Where there is an obstruction more than 150mm high adjacent to the driveway 300mm clearance must be provided in accordance with AS2890.1.

·    When a car is stacked in the front dwelling access to the rear dwelling is considered tight and undesirable. This additional concern does not provide sufficient merit to warrant variants on the above concerns.

 

Stormwater Drainage

Pursuant to Section 79C (1)(a)(iii) of the Environmental Planning and Assessment Act 1979 and in accordance with Byron LEP 2014 Section 6.6 development consent must not be granted to a development unless adequate arrangements have been made for stormwater drainage. As insufficient stormwater drainage information has been submitted Council can not have confidence residence 2 can drain to the street in accordance with Council requirements.

 

2.   Stacked Parking

Pursuant to Section 79C (1)(a)(iii) of the Environmental Planning and Assessment Act 1979 and DCP 2014 Chapter B4.2.2 stacked parking is not favoured but may be permitted where the development has merit. Given the significant concerns listed above it is considered the proposed stacked parking does not have sufficient merit. Concerns are exacerbated by the existing double garage being reduced into stacked parking.

 

Section 64  Systems - ET Engineer

This development generates an additional load onto Councils Water, Bulk Water and Sewer System

 

Council requires Payment of Developer Servicing Charges (prior to issue of a construction/subdivision certificate) of:

·    0.6 ET for Water &

·    0.6 ET Bulk Water; and

·    1.0 ET for Sewer.

 

Rural Fire Service