Attachments of Ordinary Meeting

BYRON SHIRE COUNCIL

Ordinary Meeting

Public bsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 22 February 2018

9. Notices of Motion

9.1 Byron Bay Historical Walk - Stage 2

Attachment 1... BYRON BAY HISTORICAL SOCIETY FORESHORE HISTORY TRAIL 5

11. Submissions and Grants

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

Attachment 1... Byron Shire Council Submissions and Grants as at 31 January 2018..... 8

13. Staff Reports

Corporate and Community Services

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

Attachment 1... Delivery Program 2017-2021 Progress Report 01/07/17 to 31/12/17..... 10

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

Attachment 1... Active Council Resolutions as at 31 December 2017............................. 59

Attachment 2... Completed Council Resolutions 1 October 2017 - 31 December 2017 177

13.3 Draft Community Strategic Plan and Community Solutions Panel

Attachment 1... Community Strategic Plan 2028 Engagement Outcomes Report........ 269

Attachment 2... Draft Community Strategic Plan 2028 - For Public Exhibition.............. 504

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

Attachment 2... Downer press release regarding Adani and Carmichael mine.............. 531

Attachment 3... Letter to Prime Minster regarding procurement with Adani related companies Res 17-585.................................................................................................... 532

Attachment 4... Letter to Premier of Queensland regarding procurement with Adani related companies Res 17-585.......................................................................... 534

Attachment 5... PDF version of E2017/113291 Letter to Mayors and Councillors regarding procurement with Adani related companies Res 17-585...................... 536

Attachment 6... PDF Copy of E2017/109247 Companies that may have ties to Adani - Procurement Toolbox 2017......................................................................................... 538

Attachment 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................................................................ 541

Attachment 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.............................................................................................. 543

Attachment 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.... 545

Attachment 10. Memo to all staff re Procurement from companies with ties to Adani.. 547

Attachment 11. Confidential Attachment for Council Report to 22 February 2018 Meeting regarding an update to Councillors re Adani & Res 17-585................................... 549

Attachment 12. Downer response to BSC - Feb 2018.................................................... 550

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

Attachment 1... Budget Variations for General, Water and Sewerage Funds................ 551

Attachment 2... Itemised Listing of Budget Variations for General, Water and Sewerage Funds 615

Attachment 3... Integrated Planning and Reporting Framework (IP&R) required Quarterly Review Statement............................................................................................... 621

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

Attachment 1... Bangalow A&I Hall adopted fees & charges 2017-18........................... 637

13.10 Joint Organisation of Councils

Attachment 1... Letter from the Office of Local Government-Joint Organisations........ 639

Attachment 2... Joint Organisation Information Pack..................................................... 640

Attachment 3... Second Reading speech Mr John Barilaro ( Monaro—Deputy Premier, Minister for Regional New South Wales, Minister for Skills, and Minister for Small Business) ............................................................................................................... 649

Sustainable Environment and Economy

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

Attachment 1... 24.2017.82.1 - Schedule of Proposed Amendments to Byron - Amended following public exhibition...................................................................................... 654

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

Attachment 1... Draft Constitution - Sustainability and Emissions Reduction Advisory Committee............................................................................................................... 669

Attachment 2... Draft Constitution - Biodiversity Advisory Committee........................... 677

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

Attachment 1... 24.2017.81.1 [DRAFT] Byron DCP Chapter E5_Proposed Amendments following Public Exhibition..................................................................................... 684

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

Attachment 1... DA.10.2017.639.1 Drawings for Council Report................................... 730

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.

Attachment 1... Draft Amendments to Byron DCP Chapter B4- Byron Bay Town Centre Maximum Parking Rates........................................................................................ 738

Attachment 2... Research Paper Car Sharing in the Byron Shire.................................. 740

Attachment 3... Draft Car Share Policy - Council meeting 22 Feb 2018........................ 779

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

Attachment 1... Planning Proposal from Planners North & Balanced Advice................ 786

Attachment 2... Letter from Planners North Re: Cultural Heritage Excavations and Planning Proposal Review.................................................................................... 849

Attachment 5... Appendix A of North Coast 2036 Regional Plan 2017.......................... 850

Attachment 6... Special Disclosure of Pecuniary Interest Form..................................... 851

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

Attachment 1... Proposed Plans prepared by CivilTech ................................................ 853

Attachment 2... Conditions of consent............................................................................ 859

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

Attachment 1... Proposed Plan of subdivision prepared by Ardill Payne........................ 873

Attachment 2... conditions of consent ............................................................................ 874

13.21 Policy: Commercial use of road reserves

Attachment 1... Attachment 1 Draft Policy Commercial Use of Road Reserves 22 February 2018............................................................................................................... 882

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

Attachment 1... Proposed Plans NCCH.......................................................................... 905

Attachment 2... Conditions of consent ........................................................................... 929

Attachment 3... Site Waste Minimisation and Management Plan, Lucena Stormwater Assessment and Management .................................................................................. 948

Infrastructure Services

13.23 Mafeking Road and other requests to enact Council Policy 4.17

Attachment 1... Letter received from Patrick Morrisey in regards to road surface deterioration and requesting advice on a solution - 230 Mafeking Road, GOONENGERRY 979

Attachment 2... Letter received from Patrick Morrisey in regards to Sediment Pollution and request Number: 9763 at Mafeking Road, GOONENGERRY.......................... 987

Attachment 3... Cost Estimate for Mafeking Road and Cedar Road Sealing................ 993

Attachment 4... PDF of E2017 32558 24.2015.20.1 Grays Lane Upgrade - 2017 Presentation on options.................................................................................................... 997

Attachment 5... 24.2015.20.1 - Grays Lane Upgrade Option - Works Project Estimate (PDF)............................................................................................................. 1011

Attachment 6... Memo to Councillors from Director Infrastructure Services - Grays Lane Upgrade Update.................................................................................................. 1019

Attachment 7... PDF of I2017 1699 Action Memo Item - Settlement Road Proposed Actions Council 02 11 2017.............................................................................. 1021

Attachment 8... PDF of I2017 1316 Report 02 11 2017 Council Settlement Road Proposed Actions Extraordinary....................................................................................... 1022

Attachment 9... Settlement Road SPW Presentation................................................... 1024

14. Reports of Committees

Infrastructure Services

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

Attachment 1... PDF of I2018 32 Minutes 16 01 2018 Local Traffic Committee........ 1035

15. Questions With Notice

15.2 Sewer inspection reports

Attachment 1... Mullumbimby Inflow Infiltration Spreadsheet of Inspections 2011...... 1058

15.14 Byron Bypass

Attachment 1... Information on Byron Bay Bypass proceedings provided to Councillors and to the Executive Team................................................................................... 1078

Attachment 2... Memorandum to Councillors and Executive Team updating as to bypass litigation............................................................................................................. 1081

Attachment 3... Memorandum to Councillors and Executive Team as to finalisation of the appeal hearing................................................................................................. 1083

15.15 Brunswick Valley STP

Attachment 1... BVSTP Flow Data Requested by Ms Warren..................................... 1087

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.3 - Attachment 1

PDF Creator

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.10 - Attachment 3

Mr JOHN BARILARO ( Monaro—Deputy Premier, Minister for Regional New South Wales, Minister for Skills, and Minister for Small Business) (17:42): I move:

That this bill be now read a second time.

It gives me great pleasure to speak to the Local Government Amendment (Regional Joint Organisations) Bill 2017. Joint organisations [JOs] are a major part of the Government's plan to revitalise regional New South Wales and provide the governance structures and funding that will allow communities across the State to grow to their full potential. The Government has worked with councils and communities across regional New South Wales through the pilot JO period and listened to their feedback. The lessons learnt are reflected in this bill. Passage of the bill is a key plank of the reforms and investment to ensure that regional New South Wales continues to be a great place to live, work and invest, and delivers on the Government's vision of a strengthened model of collaboration for regional council JOs.

This reform is an Australian first that will benefit regional centres, towns and villages across New South Wales. Regional JOs will provide a forum for councils, State Government and other partners to work together on the issues that matter most to regional communities, boosting regional economies, providing more jobs and improving regional transport, community infrastructure and service. It is a once-in-a-generation investment and needs the right organisations in place to ensure effective delivery. The timely passage of this bill is crucial to ensure that flexible, innovative and regionally relevant governance structures are in place and councils have the opportunity, along with the Government and other stakeholders in regional development, to deliver effectively the services, infrastructure, strategies and investments that will support the people of regional New South Wales.

In November last year the Government delivered a new regional development framework to drive investment across the State. That framework sets out a new model of investment that will provide quality services and infrastructure, align efforts to support growing regional centres and activate local economies. The improved regional governance structures can provide, and will facilitate, the effective delivery of this framework. The Government is committed to improving local amenity, supporting growth in regional centres and unlocking potential across the State. The regional development framework, in delivering regional economic development strategies, calls for the right governance structures to be in place to ensure that a truly regional perspective is possible.

Regional joint organisations will deliver that for the people of New South Wales. A period of investment is currently underway in regional New South Wales through the $1.3 billion Regional Growth Fund and long-term investment through Restart and Rebuilding NSW. The Government is in the unique position of simultaneously updating key strategic documents for planning and investment decisions, including regional plans under the Environmental Planning and Assessment Act, the State Infrastructure Strategy and the Future Transport Plan. All these strategies emphasise the importance of taking a regional approach and developing and delivering on the priorities of communities across this State. Councils have freedom to choose. There is no compulsion to join. The JO model proposed in the bill before the House gives councils the flexibility they need to design a JO that works for their region. The Government has listened to what councils have said about the different needs of their communities. Councils want the freedom to choose the membership of their JO and they want the certainty of a long-term commitment by State agencies to regional collaboration.

The Government will assist councils to achieve both outcomes. Councils that choose to take up this option will have a seat at the table in planning infrastructure and investment for their region as well as access to better ways to get things done in partnership with State agencies and other key regional stakeholders. It is about helping councils achieve the best possible value for their local ratepayers. It will be voluntary to join a JO and a matter for each council to determine in consultation with its neighbours. Once a council has become a member of a particular JO it will be bound to that decision so that other members of the JO are not disadvantaged. I am confident that all councils in regional New South Wales will see the great benefits of being involved in a joint organisation. To ensure that local and State governments can work together for the benefit of regional communities, it is the Government's intention that JOs be established only within State regional planning boundaries. Councils are already working within these boundaries and throughout three years of consultation councils have told the Government how important it is for State and local governments to work within a common set of regional boundaries. The Government has made clear its support for a long-term commitment to join organisations and has worked with councils for the past three years to establish the right model.

The Government is reinforcing that commitment with $3.3 million in funding to establish JOs across rural and regional New South Wales. The proposed start date is 1 July 2018. To ensure the best chance of success, the Government will provide hands-on support to participating councils as JOs are established and begin working together. The bill before the House is the product of a long collaborative process of design and consultation with the local government sector. That process began in 2014 when an independent local government review panel advocated new options for local government structures, including regional joint organisations. In response, the Government established a pilot program that explored ways to strengthen regional planning and service delivery. The pilot program was conducted in 2015 across five regions and was an outstanding success. Successful outcomes from the JO pilot program have included the development and delivery of an economic investment strategy focusing on new agricultural export markets in the Namoi region and a regional youth employment strategy in the Illawarra.

An independent evaluation of the JO pilot showed that: 84 per cent of participants across different levels of government believed there was better alignment of State, regional and local priorities through the pilot joint organisations and a stronger focus on outcomes; 82 per cent of participants agreed that the joint organisation pilots improved collaboration between councils and provided better working relationships with State agencies; and 76 per cent of participants agree that joint organisation pilots improve the council's ability as an effective regional leader. There was acknowledgement that the joint organisation pilot increased recognition of the role and value of local government in helping to drive better planning, stronger economies and quality services.

We know that joint organisations will work. Councils have been strongly supportive of the concept and the Government has carefully considered their feedback in refining the model proposed in the bill and how it will be implemented. This model builds on the successes achieved by many voluntary regional organisations of councils. It will allow those groups that choose to boost their joint work program to do so and it will enable regions without a strong history of collaboration to gain the same benefits for their ratepayers.

The Canberra region has a fantastic example of a voluntary JO. Even though the Canberra Region Joint Organisation was not included in the Government's pilot program it has proactively formed its own JO made up of the Bega Valley, Eurobodalla, Hilltops, Goulburn Mulwaree, Queanbeyan-Palerang, Snowy Monaro, Upper Lachlan and Yass local government areas. Last month the Canberra Region Joint Organisation launched a website to leverage growing international interest in south-east New South Wales. The new website reflects and promotes four key tourism destinations within this large and diverse region—city, coast, alpine and tablelands. Promoting what each area within the region has to offer is part of a broader strategy to take advantage of the opportunities in freight and tourism. The joint organisations represent a fresh start that will require new relationships, new ways of working together and a real commitment from everyone involved to change.

I turn now to the details of the bill. The bill establishes a model that will give considerable flexibility to meet the differing needs of each region within a sensible governance framework that is based on the existing legislative provisions under which councils operate. Importantly, the bill ensures that JOs are only established when relevant councils agree to join a joint organisation. Proposed section 400P requires that when the Minister wishes to recommend the proclamation of a JO the Minister must certify the relevant council has passed a resolution approving inclusion of the council's area in the area of the joint organisation. Further, proposed section 400P also requires that the council resolution must have been passed at least 28 days before certification and must not have been rescinded at the time of certification.

The principal functions of a joint organisation are at the heart of the new legislative framework which can be found in proposed section 400R (1). These principal functions focus on effective strategic planning and project delivery across the regions. The bill provides that a joint organisation must not only identify what the region's strategic priorities are but also develop a plan for how to deliver them. The bill also recognises that a JO has an important leadership role. It will perform this role through talking to and consulting with communities in its region as well as other agencies and stakeholders about its priorities and plans. In proposed section 400R (1)(c), a joint organisation must also focus on opportunities available to it for collaborating with other agencies and taking up those opportunities. This proposed joint organisation model will make it easier to deliver important projects across council boundaries to achieve the things that communities need such as jobs, education, transport, secure water supplies, roads, bridges, and other vital services and infrastructure.

In this regard, joint organisations will bring the changes that councils, business and ratepayers across the State have been asking for. To support collaboration that works, the bill will establish links between strategic planning by local councils, joint organisations and State agencies. In proposed section 400R (2) the bill provides that a joint organisation's strategic regional priorities must be set by reference to the relevant strategic plans of member councils and the State Government. The bill does not require consistency between the three areas of strategic planning, but it does ensure that they will not exist in isolation from each other. Proposed section 400S extends the potential role of joint organisations beyond its core strategic planning and regional leadership functions.

With the agreement of member councils, it confers on joint organisations the ability to engage in service delivery to or on behalf of councils, including capacity building for councils. This gives joint organisations the option of providing councils with a more efficient mechanism for shared services where councils choose to assign those services to the joint organisations. This might capture services such as information technology, human resources management, waste services management, library services and community strategic planning. This creates exciting potential for better services as well as efficiencies that will have a positive impact on ratepayers. These are only examples and there will no doubt be other areas in which participating councils can decide to collaborate—including with State agencies—to improve the quality of services and infrastructure in regional communities and to achieve cost savings for ratepayers. Schedule 1 [4] to [7] to the bill will allow a member and neighbouring councils to delegate functions to a joint organisation if agreed to by the joint organisation. This is necessary to facilitate more efficient service delivery and regulation across regions. The bill also provides structural mechanisms to support strong governance and good decision-making by joint organisations.

In proposed section 400T the bill provides that each joint organisation will be governed by a board. Based on extensive public and local government sector consultation, the Government believes that mayoral commitment to JOs is crucial for success. That is why the bill provides that mayors of member councils are all ex officio representatives on the board of their JO. For a joint organisation to be effective, the voting representatives on the board must have authority as local leaders in their communities. Their mayoral status will permit them to focus on the interests of the whole region while still being clear spokespersons for their communities. Proposed section 400T (1) (b) also provides that each joint organisation has the option to include a further councillor on the board from each member council who will each have an additional equal vote. It is not anticipated that this will be used by most JOs but it may be useful in some circumstances. Non-voting representatives of other organisations such as New South Wales and interstate agencies, neighbouring councils and non-government organisations may also be invited to be on the board of a joint organisation.

Each joint organisation will also have a nominee of the Secretary of the Department of Premier and Cabinet as a non-voting representative on the board under proposed section 400T (2) (a) to facilitate whole‑of‑government engagement with the joint organisation and to ensure there is a clear mechanism to support ongoing dialogue and collaboration between the joint organisation and the State Government. Proposed section 400U (3) requires each board of the joint organisations to develop and adopt a charter to guide the governance and operation of the organisation. This charter is intended to be the guiding document for the JO and the communities it serves. In the absence of any more stringent requirements adopted by the board in its charter, decisions of a joint organisation will be determined by a simple majority of voting representatives on the board. Each joint organisation will elect a chairperson under proposed section 400V who must be one of the mayoral voting representatives of the board. The chairperson will have an important role in facilitating the progress of the joint organisation and encouraging collaboration across the region. Importantly, however, the chairperson will not have a casting vote. This is consistent with the general principle underpinning JOs that all communities in the region should have equal representation.

Amendments made to the bill in the other place have clarified that where the position of chairperson of a joint organisation becomes vacant because the mayor of a council is no longer a mayor, and this is due to the council being placed under administration, a fresh election of a chairperson occurs. The new chairperson could be, but does not have to be, the administrator. Further, any replacement chairperson will serve the time remaining of the previous chair's two-year term. Once established by proclamation, joint organisations will be statutory corporations that do not represent the Crown. They will have all the usual powers of bodies corporate so they can operate flexibly and meet the service delivery and regulatory needs of local government in regional areas. To protect the public interest, the bill will generally require joint organisations to meet the standards of conduct and good governance, transparent reporting, accountability and oversight expected of councils, councillors and council staff.

In proposed subsections 400ZH (1) and (2), the bill provides that most provisions in the Local Government Act apply to joint organisations, their office holders and staff in the same way as they apply to local councils. So far as staff is concerned, the Government has made a clear commitment that joint organisations are intended to remain within the New South Wales industrial relations system. To that end, the Government will be seeking the necessary endorsement from the Commonwealth that joint organisations, once established by proclamation, are not national system employers under the Commonwealth Fair Work Act. To provide certainty around the Government's position, proposed section 400ZG prevents joint organisations from employing staff other than their executive officer unless the joint organisation is not a national system employer for the purposes of the Commonwealth Fair Work Act.

Where particular provisions of the Local Government Act that apply to councils are not appropriate to be applied to a joint organisation they are explicitly excluded by propose d section 400ZH (3). There is also a regulation-making power to prescribe further provisions of the Local Government Act as either applying or not applying to joint organisations. This allows for some flexibility if it becomes apparent that further or fewer provisions of the Act should apply, as joint organisations' governance and operations are further developed and become more complex over time. Joint organisations are also intended to operate with minimal cost and red tape. For that reason, there is a broad regulation-making power that will allow adjustments to be made to a range of standard governance requirements, including planning and reporting requirements that would apply to councils. This will help to make sure that joint organisations remain lean and effective. These regulations will be made in close consultation with council stakeholders.

Schedule 2 to the bill inserts references to joint organisations in a range of New South Wales legislation. These changes have been made where it was consequentially necessary to do so because there were existing references to councils and county councils. Schedule 2 is not intended to confer a broader role for, or powers on, joint organisations than is set out in proposed sections 400R and 400S of the bill or that might be acquired through delegations by councils. It makes necessary consequential amendments only, including to privacy, integrity, data management, land management and revenue laws, among others. The bill provides that a joint organisation is established by proclamation and will encompass all of the areas of its member councils. Once councils have advised the Government that they wish to participate in a joint organisation, the intention is to proceed to arrange for the establishment of those joint organisations, so they can be ready to operate from July 2018.

However, the Government's intent is there should be at least three councils wishing to participate i n a JO, and they should all be within an existing regional planning area. The formation of a joint organisation should also not have boundaries that adversely impact other councils or potential joint organisations. At this stage, consultation around joint organisations has not included the Far West, however the option will remain open for those councils to participate. Over coming months the New South Wales Government will work closely with those councils on a model that best suits them. To support the roll - out of joint organisations, the Government will invest funding of $3.3 million. Funding will be available to each region, whether or not they participated in the pilot process to develop the model set out in this bill.

The final allocation of funds to joint organisations will be dependent on the number of joint organisations to be formed and the extent of membership within those regions. The Government will ensure support is available to councils to facilitate these discussions and to support each region through the nomination process. The Government will support joint organisations as they are established. There are a number of State agencies who are ready to work with joint organisations and this will be facilitated through a State Agency Working Group and Regional Leadership Groups across New South Wales. These forums will help new joint organisations connect and collaborate with State agencies, bringing projects and funding opportunities directly to local government.

My thanks go to the many councils across the State that helped to develop this model through their feedback and, in particular, their participation in the pilot process. I also acknowledge those peak bodies and members of the community that provided extremely constructive feedback on the proposal and approach to implementing joint organisations, as well as those members in the other place including the Christian Democratic Party , who have shown strong support for this legislation an d in strengthening regional New South Wales communities. The next step in this process is the development of regulations to support the operation of joint organisations and, importantly, the Government intends to continue to effectively engage with the sector i n developing those regulations.

The Government is commit ted to the bright future of regional New South Wales and to a long-term, collaborative and mutually beneficial relationship with local councils through regional joint organisations. Joint organisations can, and will, make a positive difference for our regional communities. Now it is time to start making it happen. I commend the bill to the House.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.13 - Attachment 1

INFORMATION ABOUT THIS DOCUMENT

(INTERNAL USE ONLY)

Date Adopted by Council		Resolution No.
Responsibility	Director Sustainable Environment and Economy
Review Timeframe
Last Review Date:		Next Scheduled Review Date

Document History

Doc No.	Date Amended	Details Comments eg Resolution No.
E2018/2239	30 January 2018	Draft to be reported to 22 Feb 2018 meeting (see Res 17-611)

Further Document Information and Relationships

Related Legislation

Section 355, Local Government Act (1993)

Related Policies

Code of Conduct 2016
Work Health Safety Policy
Code of Meeting Practice

Guide to Operations – Advisory Committee and Panels (E2016/85075)

Related Procedures/ Protocols, Statements, documents

Table of Contents

1. Preamble. 4

2. Purpose. 4

3. Timeframe for Committee. 4

4. Responsible Directorate. 4

5. Membership. 4

6. Induction. 5

7. Quorum.. 5

8. Confidentiality. 5

9. Election of Chairperson. 5

10. Voting. 5

11. Majority Decision. 6

12. Convening Meetings. 6

13. Agenda Preparation. 6

14. Conduct of Business. 6

15. Records of meetings. 6

16. Absence from Committee Meetings. 7

17. Project Reference Groups. 7

18. Section 377 Delegation. 7

19. Meeting Practice. 7

20. Miscellaneous. 7

1. Preamble

The Sustainability and Emissions Reduction Committee is an advisory committee of the Council and does not have executive power or authority to implement actions.

The role of the committee is to report to Council and provide appropriate advice and recommendations on matters relevant to this Constitution.

2. Purpose

The purpose of the Sustainability and Emissions Reduction Advisory Committee is:

1. To assist Council in the development, implementation and review of relevant sustainability and emissions reduction plans, policies and projects such as: Council’s 100% Emissions Reduction Strategy, renewable energy projects, local network trading and local network charges, carbon reporting, food security initiatives.

2. To support our community’s drive towards zero emissions.

3. To identify and report opportunities or concerns regarding sustainability and emission reduction issues to Council including, but not limited too, funding opportunities, special events, government policy, practice or guidelines.

It is proposed that meetings can target specific issues related to sustainability and emissions reduction and that in order for the Committee to understand the issue and identify opportunities, experts on the subject can be invited to contribute.

It is also proposed that meetings can be held outside the Council building within environments that are relevant to that meeting’s theme. For example, different formats could be used such as field days and workshops.

3. Timeframe for Committee

The lifespan of the Sustainability and Emissions Reduction Advisory Committee is for the term of Council 2016-2020.

4. Responsible Directorate

This committee is administered by the Sustainable Environment and Economy Directorate. The Director or their delegate will attend these meetings and minutes will be taken by a member of their staff.

5. Membership

Council must appoint all advisory committee members. Appointment must take place prior to a member being conferred the responsibilities and rights as set out in this document.

Council may release individual members from the advisory committee at any time by a resolution of council. Council may also appoint any new members to a committee at any time by a resolution of council.

Membership is to include:

· Councillors - as determined by council at the 22 February 2018 meeting

· Eg At least 1 relevantly qualified community representative

· General Manager (or staff member delegate)

Note: Staff members participating on the committee do not have any voting entitlements.

6. Induction

All members will be required to participate in an induction process at the establishment of a new committee, and at any time a replacement voting member joins a committee. The induction will be scheduled prior to the first meeting of the committee and will cover topics such as this Constitution, the Code of Meeting Practice, Conflicts of Interest and Code of Conduct.

Replacement voting members will be inducted by experienced committee members at, or prior to, their first meeting.

7. Quorum

A quorum is to constitute at least half the number of members plus one (resulting half numbers go down), two of which are to be Councillors. The General Manager or delegate, who must be a member of staff, is to attend the Advisory Committee meeting and is not counted in the quorum for the meeting.

8. Confidentiality

Members of the committee will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

9. Election of Chairperson

The position of Chairperson is to be elected from Councillors comprising the committee but only in circumstances where the Mayor elects not to assume the position of Chairperson.

10. Voting

a) Each member of the committee (with the exception of staff members) is to have one vote, with the Chairperson to have a casting vote in addition to a deliberative vote.

b) Members of the committee who are not Councillors may abstain from voting in any circumstances without such abstention being recorded in the negative.

11. Majority Decision

A majority decision of the committee requires a majority of elected members to be present and voting on any item subject to the requirements of a quorum being met at the meeting.

12. Convening Meetings

Meetings will be held as required, generally every quarter. An annual timetable of meetings will be prepared in advance, and adopted by Council every October/November for the following 12 months.

A meeting of the committee may be convened in response to either the direction of the Mayor (or in the Mayor’s absence the Deputy Mayor) in written form to the General Manager; or two Councillors in written form to the General Manager, or by resolution of the Council.

13. Agenda Preparation

It is the responsibility of the chairperson to prepare the agenda in consultation with the relevant Director, setting out the terms of business to be considered.

The agenda is an organised list of the business, in order, that will be transacted at the meeting. An agenda for each meeting, containing a brief report on each item, is to be provided to committee members and available on Council’s website at least 7 days prior to the meeting being held.

Each item of business to discuss at the meeting is required to be listed on the agenda and in written form. Verbal reports at the meeting are not an acceptable practice.

For some matters, it will be necessary to attach other relevant information to the agenda to inform and direct discussion. Such information is to be circulated with the agenda.

Committee members may request items for inclusion in future agendas, through the Chair.

14. Conduct of Business

Each item of business is discussed in the order in which it appears on the agenda. No new matters will be introduced at the meeting. New items of business may be included in a future agenda as noted in clause 13 above.

15. Records of meetings

a) The minutes of meetings are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.

b) Minutes of committee meetings will be kept and presented to Council at its next meeting via a report of the committee meeting.

16. Absence from Committee Meetings

All committee members are required to advise the chair when they are unable to attend committee meetings. The absence of committee members from the meeting is to be recorded in the minutes. A committee member (other than the Mayor) ceases to be a member of a committee if the member:

a) Has been absent from three consecutive meetings of the committee without having given reasons acceptable to the committee for the member’s absence, or

b) Has been absent from at least half of the meetings of the committee held during the immediately preceding year without having given to the committee acceptable reasons for the member’s absences.

17. Project Reference Groups

Project Reference Groups may be established by Council at the recommendation of the committee to address issues clearly identified by the committee.

Project Reference Groups operate in accordance with Council’s adopted Constitution template for Project Reference Groups.

18. Section 377 Delegation

The committee does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff.

19. Meeting Practice

Meetings are to be conducted in accordance with this Constitution and, where required, reference to Council’s Code of Meeting Practice.

20. Miscellaneous

a) Insurance: All group members are covered by the public liability policy of Council. This insurance does not preclude the Advisory Committee from due diligence and all Council policies must be adhered to.

b) Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.

c) Pecuniary Interest: Pecuniary Interest may be defined as an interest that a person has in a matter, as a group member or employee of a company or other body, 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. Such other person includes the spouse or de-facto partner or relative of the group member.

Section 446 of the Local Government Act states that “a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests...”

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.

d) Work Health Safety: All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.13 - Attachment 2

INFORMATION ABOUT THIS DOCUMENT

(INTERNAL USE ONLY)

Date Adopted by Council		Resolution No.
Responsibility	Director Sustainable Environment and Economy
Review Timeframe
Last Review Date:		Next Scheduled Review Date

Document History

Doc No.	Date Amended	Details Comments eg Resolution No.
E2018/2233	30 January 2018	Draft to be reported to 22 Feb 2018 meeting (see Res 17-611)

Further Document Information and Relationships

Related Legislation

Section 355, Local Government Act (1993)

Related Policies

Code of Conduct 2016
Work Health Safety Policy
Code of Meeting Practice

Guide to Operations – Advisory Committee and Panels (E2016/85075)

Related Procedures/ Protocols, Statements, documents

Table of Contents

1. Preamble. 4

2. Purpose. 4

3. Timeframe for Committee. 4

4. Responsible Directorate. 4

5. Membership. 5

6. Induction. 5

7. Quorum.. 5

8. Confidentiality. 5

9. Election of Chairperson. 5

10. Voting. 5

11. Majority Decision. 6

12. Convening Meetings. 6

13. Agenda Preparation. 6

14. Conduct of Business. 6

15. Records of meetings. 6

16. Absence from Committee Meetings. 7

17. Project Reference Groups. 7

18. Section 377 Delegation. 7

19. Meeting Practice. 7

20. Miscellaneous. 7

1. Preamble

The Biodiversity Committee is an advisory committee of the Council and does not have executive power or authority to implement actions.

The role of the committee is to report to Council and provide appropriate advice and recommendations on matters relevant to this Constitution.

2. Purpose

The purpose of the Biodiversity Advisory Committee is:

1. To assist Council in the development, implementation and review of relevant biodiversity plans and policies such as: Biodiversity Conservation Strategy, Integrated Pest Management Plan, Flying Fox Management Plan, Koala Plan of Management, Feral Animal Management Plan.

2. To identify and report opportunities or concerns regarding biodiversity issues to Council including, but not limited too, funding opportunities, special events, government policy, practice or guidelines

It is proposed that meetings can target specific issues related to biodiversity and that in order for the Committee to understand the issue and identify opportunities, experts on the subject can be invited to contribute.

3. Timeframe for Committee

The lifespan of the Sustainability and Emissions Reduction Advisory Committee is for the term of Council 2016-2020.

4. Responsible Directorate

This committee is administered by the Sustainable Environment and Economy Directorate. The Director or their delegate will attend these meetings and minutes will be taken by a member of their staff.

5. Membership

Council must appoint all advisory committee members. Appointment must take place prior to a member being conferred the responsibilities and rights as set out in this document.

Membership is to include:

Councillors - · as determined by council at the 22 February 2018 meeting

· Eg At least 1 relevantly qualified community representative

· General Manager (or staff member delegate)

Note: Staff members participating on the committee do not have any voting entitlements.

6. Induction

Replacement voting members will be inducted by experienced committee members at, or prior to, their first meeting.

7. Quorum

8. Confidentiality

Members of the committee will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

9. Election of Chairperson

The position of Chairperson is to be elected from Councillors comprising the committee but only in circumstances where the Mayor elects not to assume the position of Chairperson.

10. Voting

a) Each member of the committee (with the exception of staff members) is to have one vote, with the Chairperson to have a casting vote in addition to a deliberative vote.

b) Members of the committee who are not Councillors may abstain from voting in any circumstances without such abstention being recorded in the negative.

11. Majority Decision

A majority decision of the committee requires a majority of elected members to be present and voting on any item subject to the requirements of a quorum being met at the meeting.

12. Convening Meetings

Meetings will be held as required, generally every quarter. An annual timetable of meetings will be prepared in advance, and adopted by Council every October/November for the following 12 months.

13. Agenda Preparation

It is the responsibility of the chairperson to prepare the agenda in consultation with the relevant Director, setting out the terms of business to be considered.

Each item of business to discuss at the meeting is required to be listed on the agenda and in written form. Verbal reports at the meeting are not an acceptable practice.

For some matters, it will be necessary to attach other relevant information to the agenda to inform and direct discussion. Such information is to be circulated with the agenda.

Committee members may request items for inclusion in future agendas, through the Chair.

14. Conduct of Business

15. Records of meetings

a) The minutes of meetings are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.

b) Minutes of committee meetings will be kept and presented to Council at its next meeting via a report of the committee meeting.

16. Absence from Committee Meetings

a) Has been absent from three consecutive meetings of the committee without having given reasons acceptable to the committee for the member’s absence, or

b) Has been absent from at least half of the meetings of the committee held during the immediately preceding year without having given to the committee acceptable reasons for the member’s absences.

17. Project Reference Groups

Project Reference Groups may be established by Council at the recommendation of the committee to address issues clearly identified by the committee.

Project Reference Groups operate in accordance with Council’s adopted Constitution template for Project Reference Groups.

18. Section 377 Delegation

The committee does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff.

19. Meeting Practice

Meetings are to be conducted in accordance with this Constitution and, where required, reference to Council’s Code of Meeting Practice.

20. Miscellaneous

b) Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.

Section 446 of the Local Government Act states that “a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests...”

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.

d) Work Health Safety: All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.19 - Attachment 2

SCHEDULE 1 CONDITIONS OF CONSENT

Parameters of consent

Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.	Description	Prepared by	Dated:
1002-DA62	Subdivision Layout Plan	CivilTech	23.01.18 Issue C
1002-OSP3	Overall Site Plan & Stage 6 Residue	CivilTech	15.11.17 Issue A
1002-DA63	Bulk Earthworks and Cut / Fill Depth Plan	CivilTech	06.11.17 Issue C
100-DA65	Stormwater Drainage	CivilTech	04.12.17 Issue C
1002-DA66	Lorikeet Lane Long & Typical Section	CivilTech	06.11.17 Issue C
Figure 3	Stage 1 to Stage 6 Catchment Areas	CivilTech	-

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

No tree removal

This development consent does not authorise any native tree to be ringbarked, cut down, lopped, removed or damaged, or caused to be ringbarked, cut down, lopped, removed or damaged in contravention of Byron Development Control Plan 2014 and Development Control Plan 2010 as applicable to the land.

Biodiversity Conservation Management Plan

Works are to be undertaken in accordance with the revised and approved Biodiversity Conservation Management Plan for Lot 94 DP1216681, Tallowood Ridge,Mullumbimby NSW prepared by Wetland care Australia; revised and updated by EnviTE Environment August 2016 with Planting Schedule for Management Zone 5 revised November 2016.

Cultural Heritage

The development is to be undertaken in accordance with the recommendations of the Cultural Heritage Assessment Report dated June 2009 prepared by Everick Heritage Consultants Pty Ltd.

The following conditions are to be complied with prior to issue of a Construction Certificate for subdivision works

Acid Sulfate Soils Management Plan must be submitted to Council for approval

Acid Sulfate Soils Management Plan must be submitted to Council for approval prior to the issue of a Construction Certificate for subdivision works. The ASMP must detail measures to be undertaken to management the disturbance of acid sulfate soils during construction works including:

a) Stormwater Treatment and Detention Basin as shown on Bulk Earthworks Cut / Fill Depth Plan Drawing No. 1002-DA63 Issue C (Sheet 3 of 11) prepared by CivilTech Consulting Engineers dated 06/11/17.

Investigations and management of ASS should be in accordance with the Acid Sulfate Soil Manual (ASSMAC, 1998).

Tree Removal

No trees or vegetation to be cleared or removed until a Construction Certificate has been issued. All trees to be retained and their Tree Protection Zones must be clearly illustrated on all construction plans.

Engineering Construction Plans

Three (3) copies of engineering construction plans and specifications must accompany the construction certificate application demonstrating compliance with Council's standards for the required engineering works. Each set of drawings shall be accompanied by a Certification Report which must be signed by a suitably qualified Civil Engineer or Registered Surveyor. The Certification Report will comprise the certificate and check lists set out in Annexure DQS-A of the Northern Rivers Local Government Development & Design Manuals. The information shown on the drawings shall be logically collected on discrete sheets generally in accordance with Annexure DQS-B and the Sample Drawings of the Northern Rivers Local Government Development & Designs. The drawings are to provide for the following works :

a) Kerb & Gutter, Road Shoulder Construction

Kerb and gutter, road shoulder and associated drainage construction, footpath formation including any necessary relocation of services across the frontage of the subdivision.

b) Full Width Road Construction

Full width road and drainage construction for all proposed roads on the approved plan.

c) Access Track Construction

Minimum 4m wide access track construction for the access track adjacent to the stormwater bio-basin on the approved plan.

d) Access Handle

A three (3) metre wide reinforced concrete driveway (or equivalent), together with all necessary services/service conduits (water, sewer, telephone, power, stormwater) within the access handle of proposed Lot(s) 133 and 134.

e) Stripping and Stockpiling

Stripping and stockpiling of existing topsoil on site, prior to commencement of earthworks, and the subsequent re-spreading of this material together with a sufficient quantity of imported topsoil so as to provide a minimum thickness of 80mm over the allotments and footpaths and public reserves, upon completion of the development works.

f) Stormwater Drainage

Stormwater is to be collected and discharged in accordance with Council’s standards, currently Northern Rivers Local Government Development Design & Construction Manuals. A full and detailed stormwater management plan for the site must be provided for Council's records at the time of lodging detailed engineering plans for construction certificate approval. The drawings and management plan shall be accompanied by a Design Submission Checklist as set out in APPENDIX C of the Northern Rivers Local Government Handbook of Stormwater Drainage Design, which must be signed by a suitably qualified Civil Engineer or Registered Surveyor. The drawings and management plan are to include, but not be limited to, the following items:

a) Catchment plan (included in the drawing set);

b) Hydrological and hydraulic calculations based on the methods outlined in the Queensland Urban Design Manual (QUDM) and Australian Rainfall & Runoff (AR&R) 1987. A summary of the calculations must be included on the drawings consistent with the Sample Drawings of the Northern Rivers Local Government Development & Design Manuals.

c) Stormwater detention/retention, designed so that the peak flow from the proposed development for the 5, 10, 20, 50 and 100 year ARI events, for durations from 5 minutes to 3 hours, does not exceed the existing peak flow from the site i.e. post-development flows must not exceed pre-development flows.

d) Stormwater management structures/facilities that have minimum impact on Council’s maintenance program. All maintenance activities must be specified in a maintenance plan (and associated maintenance inspection forms) to be developed as part of the design procedure and included in the stormwater management plan.

g) Stormwater Outlets

An energy dissipating pit with a suitably installed locked grated outlet to all pipes or any other drainage structures. Grates must be of galvanised weldlock construction.

h) Stormwater Quality

Stormwater quality must be suitable for discharge in accordance with Council's standards, currently Chapter 1: Part N - Stormwater Management of Development Control Plan 2010 and Northern Rivers Local Government Development Design & Construction Manuals. The proposed water quality management devices and treatment train must have minimum impact on Council’s maintenance program. All maintenance activities must be specified in a maintenance plan (and associated maintenance inspection forms) to be developed as part of the design procedure and submitted with the construction certificate documentation.

i) Access to Stormwater Structures

Satisfactory access to all drainage discharge points and filter controls for maintenance purposes.

Erosion and Sedimentation Control Plan

The plans and specifications to accompany the construction certificate application are to include a sediment and erosion control plan to indicate the measures to be employed to control erosion and loss of sediment from the site. The sediment and erosion control plan is to be designed in accordance with the requirements of the NSW Department of Housing Manual (1989), Managing Urban Stormwater, Soils and Construction.

A suitably experienced person must prepare the sediment and erosion control plan. Suitably experienced people include those certified by:

· The Institution of Engineers, Australia, for engineering and hydrology matters.

· The International Erosion Control Association for soil conservation matters.

· The Australian Society of Soil Science for collection or analysis of soil data.

The plan must incorporate (without being limited to) information on general site management, material handling practices, soil stabilisation, water control, sediment control, wind erosion control and access measures.

Traffic Control Plan

The plans and specifications to accompany the construction certificate application are to include a traffic control plan to indicate the measures to be employed to control traffic during construction of the subdivision. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual (1998), Traffic Control at Work Sites, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

10.

Long Service Levy to be paid

Payment of any Long Service Levy in accordance with the requirements of the Long Service Corporation prior to issue of the Construction Certificate. This is a State Government Levy and is subject to change.

These payments may be made online at www.longservice.nsw.gov.au or at Council’s Administration Office, Station Street, Mullumbimby. Where paying to Council, cheques are to be made payable to ‘Byron Shire Council’.

For further information regarding the Long Service payment please refer to the website above.

11.

Sewerage and Water Mains

An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out water supply and sewerage works.

Sewerage and water mains are to be extended to service all residential allotments in the subdivision. All Council gravity sewerage mains are to be a minimum 150 mm diameter and water mains are a minimum 100mm diameter.

Water supply and sewerage works are to comply with Council's latest Standards and Policies including but not limited to:

· Development Design and Construction Manuals, Northern Rivers Local Government, 2009;

· Development Servicing Plan for Water Supply Services, Byron Shire Council, 2011;

· Development Servicing Plan for Sewerage Services, Byron Shire Council, 2011;

· Fire Flow Design Guidelines, Water Directorate, 2011;

· Water and Sewer Equivalent Tenement Policy (13/005), Byron Shire Council, 2013;

· Pressure Sewerage Policy (12/014), Byron Shire Council, 2012.

· Private Sewer Pump Station Policy (12/015), Byron Shire Council, 2012.

12.

Landscaping Plan required

The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of Stage 6 in respect to:

· Street trees within the proposed road reserves and plantings within the proposed ‘shelter belt’.

· The landscaping plan must indicate:

a) proposed location for planted shrubs and trees.

b) botanical name of shrubs and trees to be planted.

c) mature height of trees to be planted.

d) location of grassed and paved areas.

e) location of trees identified for retention in the development application plans.

The plan is to be prepared by a landscape designer, landscape architect or ecologist who has appropriate experience and competence in landscaping.

Such plans and specifications must be prepared to the satisfaction of Council and be approved as part of the Construction Certificate.

The following conditions are to be complied with prior to commencement of subdivision works

13.

Subdivision Work

Subdivision work in accordance with the development consent must not be commenced until a construction certificate has been issued, a principal certifying authority has been appointed and at least 2 days’ written notice for the intention to commence works has been made, in accordance with the requirements of the Environmental Planning and Assessment Act and Regulations. The written notice for the intention to commence works must also include names and contact details of the certifying engineer and principal contractor.

Note.

Subdivision work means any physical activity authorised to be carried out under the conditions of this development consent for the subdivision of land, including earthwork, road work, stormwater drainage work, landscaping work, tree/vegetation removal, erosion and sediment control, traffic control, etc.

14.

Erosion and sediment measures

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

No soil or fill material is to be placed within the dripline of a tree so as to cause changes in surface level by more than 50mm from the existing level and such soil is not to be compacted. Such soil fill must not be finer than that being covered in situ, e.g. clay must not be placed over loam soil.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

15.

Acid sulfate soils management

All treatment and storage facilities associated with the approved Acid Sulfate Soils Management Plan must be in place prior the commencement of subdivision works

The following conditions must be complied with during subdivision works

16.

Vegetation Maintenance

Any pruning should be carried out by an Arborist qualified to a minimum of AQF 3 in Arboriculture and in accordance with the recommendations of the Australian Standard AS 4373-2007 Pruning of amenity trees.

17.

Protection of Native Trees

All trees nominated to be retained by notation or condition as a requirement of the development consent shall be maintained and protected during demolition, excavation and construction on the site in accordance with AS 4970-2009 – Protection of Trees on Development Sites.

18.

Protection of koalas and native wildlife from disturbance

For the protection of Koalas and native wildlife, no earthworks or heavy machinery use is permitted within 15m of remnant vegetation in the RU2 (Rural Landscape) zone, except for minor works expressly permitted by the approved Bulk Earthworks and Cut/Fill Plan number 1002-DA63 Issue C, dated 6.11.17.

19.

Acid sulfate soils management

All soil disturbance and excavation works must be carried out in accordance with the approved Acid Sulfate Soils and Water Management Plan.

20.

Council Specification

All works to be constructed to at least the minimum requirements of the “Northern Rivers Local Government Design and Construction Manual”

21.

Approved Plans to remain on site

A copy of the approved Construction Certificate including plans, details and specifications must remain at the site at all times during the construction of the subdivision.

22.

Construction times

Construction/demolition works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a. Monday to Friday, from 7 am to 6 pm.

b. Saturday, from 8 am to 1 pm.

No construction/demolition work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

23.

Construction Noise

Construction/Demolition noise is to be limited as follows:

a. For construction/demolition periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b. For construction/demolition periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction/demolition site is in operation must not exceed the background level by more than 10 dB(A)

Note: Council may impose on-the-spot fines for non-compliance with this condition.

24.

Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a. stating that unauthorised entry to the work site is prohibited, and

b. showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

25.

Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

26.

Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

27.

Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

The following conditions must be complied with prior to issue of a Subdivision Certificate

28.

Subdivision Certificate application required

An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application.

NOTE: The application must address ALL those conditions of consent required to be complied with “Prior to the issue of a Subdivision Certificate” with a clear explanation how that condition has been complied with, together with supplying ALL the relevant information/documents/certificate and/or plans that is required by that condition.

The application MUST be one complete, concise package, addressing all those conditions. Failure to provide the abovementioned information in one package, will likely result in the application being refused/rejected and returned to you.

29.

Developer Contributions to be paid

Contributions set out in the schedule below are to be paid to Council prior to the release of a subdivision certificate. Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended). The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby. These contributions are to fund public amenities and services as listed in the schedule. Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended).

The contributions as set out in the schedule may either be paid in full or they may be paid in stages on a proportional basis dependent on the number of lots to be released in the subdivision certificate.

The contributions in the schedule are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule.

Note: The local open space and recreation contributions has been reduced to zero due to land previously dedicated in DA 10.2009.314.10 and the works and land dedication specified in DA 10.2009.151.4 Stages 1 and 2.

30.

Plan of Subdivision

The final plan of subdivision must be in accordance with the approved plan/s. A Deposited Plan Administration Sheet (original plus one (1) copy), two (2) copies of the plan of subdivision and any necessary section 88B instrument (original plus one (1) copy) are to be submitted with the application for a subdivision certificate.

An additional copy of the final plan of subdivision is to be submitted showing the location of all buildings and/or other permanent improvements including any fences, internal access driveways/roads, effluent disposal areas and where relevant, the 1 in 100 year flood and flood planning level extents on land within or adjacent to a flood planning area. Where the building/s or improvements are close to boundaries, offset distances are to be included on the additional copy of the plan. This plan must be endorsed by a Registered Surveyor. Any encroachments over new boundaries or on the road reserve must be removed or relocated wholly within the allotment.

31.

Section 88B Instrument

A Section 88B Instrument and one (1) copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for:

a) Dedicated Public Road Access

Dedication of suitable public road accesses to all proposed allotments.

b) Drainage Easements

The creation of easements for drainage of water over all drainage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

c) Drainage Reserve

The dedication of a drainage reserve over the drainage treatment devices and constructed access.

d) Public Reserve

Dedication of the proposed public reserve (Ref: Stage 6 Riparian 2.48 ha).

e) Rights of Carriageway

The creation of suitable rights of carriageway over the access handle(s) of proposed Lot(s) 133 and 134

f) Restricting Development – On-site Stormwater Detention

Restricting residential development of each vacant allotment until the proprietor has constructed or made provision for the construction of an on-site stormwater detention system to the requirements of Byron Shire Council.

g) Dogs to be kept within fenced yard

The creation of a restriction as to use that prohibits the keeping of cats and dogs on the land unless contained inside a dwelling or within a fenced yard that suitably prevents access to or from, in the case of native fauna, native trees in the surrounding area. Evidence is to be provided that a restriction via a Section 88 instrument is in place prior to issue of the subdivision certificate.

32.

Completion of All Works

All subdivision works required by this development consent, and associated Construction Certificate, are to be completed prior to issue of the subdivision certificate. A copy of the final completion letter/s, issued by the Principal Certifying Authority, and final plumbing certificate, issued by the water supply authority, for the relevant subdivision works must be submitted with the application for a subdivision certificate.

33.

Habitat Compensation works to be substantially completed

Plantings and/or restoration works are to be substantially implemented in accordance with the approved Biodiversity Conservation Management Plan prior to issue of the subdivision certificate.

34.

Acid sulfate soils

The works engineer must certify to the Principal Certifying Authority that all works have been carried out in accordance with the approved Acid Sulfate Soils Management Plan.

35.

Works-As-Executed Plans

Following completion of works and prior to issue of the subdivision certificate, Work-as-Executed Drawings, together with a Work-As-Executed Certification Report, in accordance with Council’s requirements are to be submitted to Council. Two categories of Work-as-Executed Drawings are to be submitted to Council, being

Amended Design Work-as-Executed Drawings and Summary Work-as-Executed Drawings.

Amended Design Work-as-Executed Drawings, being certified copies of all approved design plans with as constructed departures, deletions and additions clearly noted and detailed on the plans, are to be submitted to Council in the following formats:-

(a) One (1) paper copy at the same scale and format as the approved design plans, but, marked appropriately for as constructed information and with original signatures; and

(b) An electronic copy of above in PDF format and provided to Council on CD, DVD or via email.

Summary Work-as-Executed Drawings are to be prepared on a background plan of lot layout and kerb lines with a set of separate plans for stormwater drainage, sewerage, water supply and site works. The site works drawing/s shall include the 1 in 100 year flood and flood planning level extents and levels, where relevant. Such drawings are to be submitted to Council in the following formats:-

(a) One (1) paper copy of each drawing with original signatures and in accordance with Council’s requirements.

(b) Electronic copy of the above in AutoCAD DWG or DXF format and provided to Council on CD, DVD or via email. The AutoCAD (DWG or DXF) files are to be spatially referenced to MGA Zone 56.

Note: Council’s requirements are detailed in Council’s adopted engineering specifications, currently the Northern Rivers Local Government Development Design and Construction Manuals, and on Council’s website.

36.

CCTV Inspection and Report

CCTV inspection shall be undertaken on all completed underground pipe systems, including minor sewer main extensions, in accordance with Council’s specification, currently DEVELOPMENT CONSTRUCTION SPECIFICATION, C402 - SEWERAGE SYSTEM (http://www.lismore.nsw.gov.au/cp_themes/default/page.asp?p=DOC-IMY-18-62-12). Both a hardcopy and electronic copy of the report (submitted in CD or DVD medium in a format suitable to Council) of the CCTV inspection shall be provided to Council for consideration prior to the release of the Subdivision Certificate, Occupation Certificate, Final Inspection for Section 68 Approvals, "Off-maintenance" or Release of Security Bond.

37.

Certificate for services within easements

The submission of a certificate from a registered surveyor certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements.

38.

Electricity Supply Certificate

Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

39.

Telephone Supply Certificate

Written evidence from a telephone supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply throughout the subdivision.

40.

Geotechnical Report (Lot Classification)

A certificate from a practicing Geotechnical Engineer must be provided in conjunction with a Lot Classification Report prepared in accordance with Australian Standard AS2870.1. Such certificate must certify that all vacant allotments have a building site of adequate size and shape on each lot that is not subject to slip or subsidence.

41.

Maintenance Bond

A maintenance bond of 5% (minimum bond amount of $1,000.00) of the value of the works constructed is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 6 months in accordance with Council’s current Design & Construction Manuals and will commence from the date of issue of the Subdivision Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

42.

Record of Infrastructure

A record of infrastructure coming into Council ownership, upon registration of the final plan of subdivision, is to be submitted to Council. The information is to be submitted in the form of Council’s Standard Form titled “Asset Creation Record”. This form is available from Council’s Local Approvals Section.

43.

Water service and meter to be connected to each lot

A water service and water meter must be connected to each dwelling in the development using an approved backflow prevention device. It is the applicant’s responsibility to engage a licensed plumber who shall liaise with council during this process.

Each Torrens title lot of land shall have an individual service tapped from the main and extending 300mm inside the lot boundary. Each dwelling/unit/shop capable of being subdivided under the Strata or Community Title Schemes shall have a separate water meter.

44.

Certificate of Compliance – Water Management Act 2000

Water and sewer services are to be provided to the land in accordance with an approval granted under Section 68 of the Local Government Act 1993.

Payment of developer charges to Byron Shire Council for water supply and sewerage.

A copy of the Certificate of Compliance under Section 307 of the Water Management Act 2000 is to be obtained from Byron Shire Council prior to the issue of a Subdivision Certificate.

Application forms are available from Council’s administration building or online at http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf to be submitted for a Certificate of Compliance.

45.

Compliance with bush fire conditions

Documentary evidence from a suitably qualified professional is to be submitted demonstrating that the bush fire conditions issued by the NSW Rural Fire Service as an Integrated Development Approval have been complied with.

SCHEDULE 2 PRESCRIBED CONDITIONS

The prescribed conditions in accordance with Division 8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A Erection of signs

Clause 98B Notification of Home Building Act 1989 requirements

Clause 98E Condition relating to shoring and adequacy of adjoining property

Refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

SCHEDULE 3 INTEGRATED DEVELOPMENT APPROVAL – NSW RURAL FIRE SERVICE

This response is to be deemed a bush fire safety authority as required under section 100B of the 'Rural Fires Act 1997' and is issued subject to the following numbered conditions:

1. The development proposal is to comply with the subdivision layout identified on the drawing titled ‘Subdivision Layout Plan’ prepared by CivilTech, numbered 1002-DA62 (Issue A), dated 3 July 2017, except as modified by the following conditions:

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

2. At the issue of subdivision certificate and in perpetuity, the entire area of all residential lots shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

3. A restriction to the land use pursuant to section 88B of the Conveyancing Act 1919 shall be placed over Lots 128, 129, 133, 134 and 136 to 145 (inclusive) to prohibit the construction of a dwelling or Class 10 building within 10 metres of a dwelling, in the area identified as APZ (asset protection zone) on the plan titled ‘Subdivision Layout Plan’ prepared by CivilTech, numbered 1002-DA62 (Issue A), dated 3 July 2017.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

4. Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

Access

The intent of measures for public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area. To achieve this, the following conditions shall apply:

5. Public road access shall comply with section 4.1.3 (1) of 'Planning for Bush Fire Protection 2006', except that:

• a perimeter road is not required; and

• the dead end road may be greater than 200 metres.

The intent of measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area. To achieve this, the following conditions shall apply:

6. A restriction to the land use pursuant to section 88B of the Conveyancing Act 1919 shall be placed over Lots 128, 133, 134 and 136 to 145 (inclusive) requiring pedestrian access to be maintained to the rear of the lots for fire fighting activities.

Landscaping

7. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

General Advice – consent authority to note

Asset protection zone distance calculations for certain perimeter lots have been based on site specific modelling of potential bush fire impacts provided by Bushfire Certifiers. Some of these lots may not have a building envelope able to meet the deemed-to-satisfy separation distances for BAL 29 under AS

3959-2009. In these circumstances, future proposals for complying development may be affected and any application for development on the land may be required to provided site specific modelling of potential bush fire impacts to demonstrate the ability to comply with ‘Planning for Bush Fire

Protection 2006’.

SCHEDULE 4 NOTES

Water payments under the Water Management Act 2000

Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
(ET Policy No:13/005)

Water	18.2 ET
Bulk Water	N/A
Sewer	18.0 ET

NB: Information regarding Development Servicing charges can be found on the Byron Shire Council website (http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64). These charges will enable you to calculate the total contribution charges payable when you are ready to pay them. Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment.

Schedule of Development Contributions

The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The current contribution rates are available from Council offices during office hours. Payments will only be accepted by cash or bank cheque.

Construction Certificate required:

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing. Application forms are available from the customer services counter or Council’s website www.byron.nsw.gov.au

Principal Certifying Authority:

Work must not commence until the applicant has:-

a. appointed a Principal Certifying Authority (if the Council is not the PCA); and

b. given Council at least two days notice of the intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

c. notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Protection of the Environment Operations Act 1997:

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (“on-the-spot fine”) or prosecution.

Penalties apply for failure to comply with development consents

Failure to comply with conditions of development consent may lead to an on the spot fine (generally $600) being issued pursuant to section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning & Assessment Act 1979.

Plumbing Standards and requirements.

All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications. Any plumbing inspections required under a Section 68 Approval are to occur in accordance with that approval.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.22 - Attachment 2

CONDITIONS OF CONSENT:

Parameters of this Consent

1. Development is to be in accordance with approved plans and documents

The development is to be in accordance with plans listed below:

Plan No.	Description	Prepared by	Dated:
D-S- 01 -	Site Plan	Koho Projects Pty Ltd	January 2018
D-S-05	Site Staging Plan	Koho Projects Pty Ltd	January 2018
D-D-01	Detailed Typical Unit	Koho Projects Pty Ltd	January 2018
D-D- 02	Detailed Lower Level Units 21-25	Koho Projects Pty Ltd	January 2018
D-D- 03	Detailed Unit Section	Koho Projects Pty Ltd	January 2018
D-D- 04	Detailed Unit - Adaptable	Koho Projects Pty Ltd	January 2018
D-D- 05	Pedestrian Entry	Koho Projects Pty Ltd	January 2018
D-E-01	Elevations 1	Koho Projects Pty Ltd	18 December 2017
D-E-02	Elevations 2	Koho Projects Pty Ltd	18 December 2017
D-E-06	Elevations - Building 1	Koho Projects Pty Ltd	28 November 2017
D-E-06	Elevations - Building 5	Koho Projects Pty Ltd	28 November 2017
D-P-01	Lower Floor Plan	Koho Projects Pty Ltd	January 2018
D-P-01	Sub Floor Plan	Koho Projects Pty Ltd	January 2018
-	Site Waste Minimisation and Management Plan	North Coast Community Housing	24.7.17
D-S-01	Site plan and Stormwater	Lucena Civil & Structural Engineers	15 November 2017

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

2. Staged Development

The development is to be carried out in the following stages:

Stage 1: Completion of Carpark, Buildings A, D & E, Stormwater Swale and New Kerb, Footpath and fencing.

Stage 2: Completion of Buildings B & C.

Where conditions are required to be satisfied prior to a particular event, those conditions are the conditions relevant to the works being carried out in the stage.

The relevant conditions are the conditions deemed necessary, by the Principal Certifying Authority (PCA) appointed for the development, or, where pursuant to the issue of a Construction Certificate, the relevant consent authority.

3. Plan of Management

The development is to be undertaken and operated in accordance with the draft Plan of Management prepared by Koho Projects, dated January 2017, V2 as amended from time to time. Any amendments are to be approved by Councils General Manager, or delegate.

4. Residential use

No dwellings within this development to be used as tourist and visitor accommodation, or “holiday let”. A restriction to be registered prior to the issue of the occupation certificate for each stage, against the title of the property, in accordance with section 88E of the Conveyancing Act 1919, noting this requirement.

5. Provision of Affordable Housing

i. From the date of the issue of an Occupation Certificate for Stage 1 of the subject development, four (4) dwellings in Stage 1 are to be used only for the purposes of ‘affordable housing’ (as defined in the Environmental Planning and Assessment Act 1979 and State Environmental Planning Policy [Affordable Rental Housing] 2009), and these dwellings are to be managed by a registered community housing provider (registered community housing provider has the same meaning as in the Housing Act 2001).

ii. From the date of the issue of an Occupation Certificate for Stage 2 of the subject development, two (2) dwellings in Stage 1 are to be used only for the purposes of ‘affordable housing’ (as defined in the Environmental Planning and Assessment Act 1979 and State Environmental Planning Policy [Affordable Rental Housing] 2009), and these dwellings are to be managed by a registered community housing provider (registered community housing provider has the same meaning as in the Housing Act 2001).

A restriction will be registered, before the date of the issue of the occupation certificate for each stage, against the title of the property, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that these requirements of Conditions 4(i) and 4 (ii) are met.

6. Television reception system

A single common television reception system provided with a design to minimise adverse visual impacts whilst enabling high quality reception for each dwelling.

7. External lighting installation

To maintain safe access, adequate lighting must be provided between sunset and 12.00 PM. All external lighting must be installed in accordance with AS4282-1997: Control of the obtrusive effects of outdoor lighting.

8. Signage and Landscape Features

Site identification signage and the hard landscape feature (train bogey and wheel set) which are indicated on the approved plans as being outside of the property boundary, are to be relocated to be wholly within the property boundary. Details are to be shown on the Construction Certificate plans.

9. Provision of a share car on site

At all times a dedicated share car for residents of the site is to be provided. When not in use the car is to be parked on site. The share car is to be made be available to all residents of the subject site who are registered to use the vehicle. The share car is to be available for use by the residents 24hrs a day, 7 days a week with bookings to be made via the internet. The share car is to be maintained in complete working order, registered with the appropriate insurances.

10. No Interference with Amenity of Neighbourhood

The proposed use of the premises shall not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. In particular:

a) The noise level emanating from the use of the premises must comply with the New South Wales Industrial Noise Policy.

b) Only clean and unpolluted water is permitted to be discharged to Councils’ stormwater drainage system or any waters.

The following conditions are to be complied with prior to issue of a Construction Certificate

11. Registration of Title

Prior to issuing a Construction Certificate, the Subdivision Certificate for Stage 1 of development consent 10.2014.404.3 creating proposed Lot 1 in the subdivision of Lot 10 DP 850902 is to be issued and registered with NSW Land and Property Information, and a new title issued.

An approved Subdivision Certificate must be submitted indicating the title of the lot and that water and sewerage infrastructure also service the lot.

12. Materials:

A final schedule of external materials and finishes is to be provided for Council approval, prior to a Construction Certificate for building work being issued.

13. Management of Contaminated Soils

1. The Preliminary Contaminated Land Assessment prepared by Environmental Solutions dated August 2017 submits that composite soil sampling results exceeded the Health Investigation Levels (HIL) fro Lead in accordance with NEPM (2013) Table 1 A (1) Column A – ‘Standard’ Residential with garden/accessible soil (home grown produce <10% fruit and vegetable intake (no poultry), also includes childcare centres, preschools and primary schools.

Assessment of individual soil samples for Lead by way of a Detailed Site Investigation is to be undertaken by a suitably qualified contaminated land specialist in conformance with the NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other statutory requirements.

2. If required as an outcome of the Detailed Site Investigation any Remedial Action Plan (RAP) must be prepared for the management of lead impacted soils in accordance with the following requirements:

i. The RAP must be prepared by a suitably qualified contaminated land specialist in conformance with the NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other statutory requirements.

ii. A Notice of Commencement must be submitted to Council Environmental Services Department no less than 30 days prior to the issue of a construction certificate for subdivision works.

iii. A suitably qualified person with experience in contaminated land remediation must be engaged by the proponent to be responsible for overseeing all works. Contact details of the responsible person must be provided to Council.

14. Boundary fencing

Boundary fencing along the northern, southern and western boundaries is to be of lapped and capped hardwood timber construction. Side fencing is to be a maximum of 1.2 metres high between the front boundary and the building line and thereafter, the height is to be in accordance with the approved plans. Fencing with the Preschool to be at a height of 2.1 metres.

15. Access and facilities for disabled

The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

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

16. Water and Sewerage - Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.

Any new water service and meter will be at the applicants cost.

17. On-site stormwater detention - Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to carry out on-site detention drainage system and connection to a Council approved drainage system.

The plans must be in compliance with the Northern Rivers Local Government Development Design and Construction Manuals, Byron Shire Council Comprehensive Guidelines for Stormwater Management and relevant Australian Standards. Refer to Council’s website for copies of Council documents.

18. Sediment and Erosion Control Management Plan required

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as filter fences and sedimentation basins.

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

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

19. Plans of retaining walls and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage.

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

20. On-site stormwater detention required

The application for a Construction Certificate is to include plans and specifications for stormwater drainage in accordance with the relevant Australian Standard. All stormwater drainage for the development must be conveyed via an on-site stormwater detention system by gravity to a public drainage system.

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

All stormwater drainage systems within the lot and the connection to a public:

(a) comply with any requirements for the disposal of stormwater drainage and on-site stormwater detention contained in Council’s Development Control Plan, Stormwater Guideline and Local Approvals Policy, and

(b) obtain approval under section 68 of the Local Government Act 1993, prior to issue of a Construction Certificate.

Note 1. The relevant Australian Standard is currently AS/NZS 3500.3:2003, Plumbing and drainage, Part 3: Stormwater drainage.

Note 2. A Local Approvals Policy specifies the circumstances (if any) in which a person would be exempt from the necessity to obtain a particular approval of the Council.

21. Overland Stormwater Swale Drain

The application for a Construction Certificate is to include plans, calculations and specifications for the overland stormwater swale drain in accordance with Council’s standards, currently Northern Rivers Local Government Development Design & Construction Manuals. The plans, calculations and specifications are to include, but not be limited to, the following items:

a) Catchment plan (included in the drawing set);

22. Consent required for works within the road reserve (Stage 1)

Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.

Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works:

Driveway

A driveway(s) in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

Footpath

Variable 1.2 - 2m wide foot paving for the full frontage of the site at a crossfall of 1 % or 1:100 (maximum 2.5% or 1 in 40).

Kerb & gutter

Kerb and gutter and footpath formation including any necessary relocation of services as follows:

1. From the Council car park driveway to the kerb inlet pit adjacent to the overland stormwater swale drain.

2. Remove the existing pedestrian crossing at the North West corner of the site and replace with kerb and gutter.

Ramped pedestrian crossing

A ramped pedestrian crossing in accordance with Council’s standard plan – No. 941 at the north west corner of the site and located wholly within the road reserve to tie in with the footpath.

23. Traffic Management Plan

Consent from Council must be obtained for a Traffic Management Plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

“The plan shall incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site”.

The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

24. Car parking layout, vehicle circulation and access plans required (Stage 1).

The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.

The access, parking and manoeuvring for the site is to comply with the requirements of Council’s Development Control Plan 2014, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:

a) pavement description;

b) site conditions affecting the access;

c) existing and design levels;

d) longitudinal section from the road centreline to the car space(s);

e) cross sections every 15 metres;

f) drainage (pipes, pits, on-site detention, etc.);

g) turning paths;

h) linemarking and signage.

i) Sight distances for the fences at the entry onto the lane are to comply with AS 2890.1 clause 3.2.4

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

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

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

25. Flood Planning Level for new buildings

The flood planning level for this development is 4.8m A.H.D. The plans and specifications to accompany the construction certificate application are to indicate a minimum habitable floor level that is at or above the flood planning level.

The plans and specifications to accompany the construction certificate application are to also indicate:

b) a minimum floor level of 4m A.H.D for non-habitable building or room (eg. Shed, carport, garage, laundry, shelter, etc.); and

c) the use of flood compatible materials and services below the flood planning level in accordance with the requirements of Council’s Development Control Plan 2014 – Chapter C2 – Areas Affected by Flood; and

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

26. Bond required to guarantee against damage to public land

A bond of $3000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.

27. Long Service Levy to be paid

A Long Service Levy must be paid to the Long Service Payments Corporation. This is a State Government Levy and is subject to change.

For further information regarding the Long Service Payment please refer to the website above.

28. Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued upon payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.

Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.

Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.

Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081. Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. Payment by Personal or Company Cheque will not be accepted.

29. Compliance with BASIX Certificate requirements

The development is to comply with BASIX Certificate No.846757M, dated 8 August 2017. The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.

The plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the BASIX Certificate.

Minor changes to the energy efficiency measures may be undertaken without the issue of an amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.

Proposed external colours/materials must be consistent with those shown on the approved plans referred to in Condition No.1 of this consent. Such plans and specifications must be approved as part of the Construction Certificate.

30. Landscaping plan required

The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Chapter B9 of Development Control Plan 2014. Species identified in Chapter B9 of Development Control Plan 2014 are to be planted wherever possible. The landscaping plan must indicate:

a) proposed location for planted shrubs and trees, including species that will provide visual screening of the southern fence.

b) botanical name of shrubs and trees to be planted.

c) mature height of trees to be planted.

d) location of grassed and paved areas.

e) location of trees identified for retention in the development application plans.

The plan is to be prepared by a suitably qualified landscape architect / architect /ecologist who has appropriate experience and competence in landscaping.

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

31. Developer Contributions to be paid

Contributions set out in the schedule at the end of this consent are to be paid to Council prior to the release of a construction certificate. Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended).

The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby. These contributions are to fund public amenities and services as listed in the schedule. Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended).

The contributions in the schedule are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule. Payments will only be accepted by cash or bank cheque.

The following conditions are to be complied with prior to commencement of building or construction works

32. A Construction Management Plan must be submitted to Council for approval

All works to be undertaken in accordance with the approved Demolition / Construction Management Plan (DCMP) and Work Safe NSW.

33. Public safety requirements

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development. Council is to be nominated as an interested party on the policy. Council is not held responsible for any negligence caused by the undertaking of the works.

34. Toilet facilities

Toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a standard flushing toilet connected to a public sewer or other approved system.

35. Erosion and Sediment Control Management Plan required

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A summary of these guidelines is attached. A full copy may be downloaded from Council’s web site at www.byron.nsw.gov.au.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

36. Acid Sulfate Soil Management

Acid sulfate soil controls must be in place in accordance with the approved ASS Management Plan (Greg Alderson & Associates, April 2014).

37. Remediation of contaminated land (if required)

Prior to the commencement of any works associated with this development consent, the following is required:

a) A suitably qualified contaminated land specialist with experience in the remediation of contaminated land must be engaged by the proponent to oversee and be responsible for all works associated with the implementation of the Remedial Action Plan and subsequent site and soil validation.

b) A notice of commencement of the remediation work and a copy of the Remedial Action Plan must be provided to Council’s Health and Environment Section prior to commencement of the -work.

c) The notice of commencement must include contact details of the responsible person, including an emergency 24-hour phone number.

If required remedial works must be undertaken in conformance with the approved Remedial Action Plan and NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other applicable standards.

38. Removal of wastes

All wastes associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licensed Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with NSW DECC Waste Classification Guidelines (2014) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf ‎

The following conditions are to be complied with during construction

39. Site Waste Minimisation and Management Plan (SWMMP)

Construction works are to be undertaken in accordance with the approved SWMMP referred to in Condition No.1 of this Development Consent.

40. Construction times

Construction/demolition works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction/demolition noise, when audible from adjoining residential premises, can only occur:

a) Monday to Friday, from 7 am to 6 pm.

b) Saturday, from 8 am to 1 pm.

41. Construction Noise

Construction/demolition noise is to be limited as follows:

a) For construction/demolition periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b) For construction/demolition periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

42. Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

43. Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

44. Heritage

Compliance with the following recommendations of the Statement of Heritage Impact, prepared by Urbis, dated 21 August 2017.

i. Management of Unexpected Finds

In the unlikely occurrence of substantial intact archaeological relics of significance unexpectedly discovered during works, all ground-disturbing activity will cease in the affected area and the site manager will be notified. Depending on the nature of the discovery, additional assessment by a qualified archaeologist may be required prior to the recommencement of excavation in the affected area. If a suspected archaeological evidence is uncovered (see below), an archaeologist is contacted immediately.

ii. Integration of Potential Archaeological Items and Interpretative Devices

If artefactual material associated with the saw mill phase is uncovered during construction works (e.g. rail spikes, tracks, building material or features such as brick footings, ceramics, machinery parts, glass, etc), these to be retained and incorporated into the interpretation strategy of the development. Potential devices include photographs of the finds within signage, in-situ retention (depending on location and integrity of remains), use within new paving, or locally-commissioned artwork.

45. Acid sulfate soils management

Acid sulfate soils must be managed and disposed of in accordance with the approved ASS Management Plan. A copy of this report must be kept on the property at all times during construction and made available to any person.

46. Traffic Management Plan

The approved traffic management plan is to be implemented.

47. Services

Services below the flood planning level must be in accordance with the requirements of Council’s Development Control Plan 2014 – Chapter C2 – Areas Affected by Flood

48. Fill to be retained on the subject land

Fill material must not encroach onto any adjoining land.

49. Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a) stating that unauthorised entry to the work site is prohibited, and

b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

50. Builders rubbish to be contained on site

The following conditions are to be complied with prior to issue of a Final Occupation Certificate

51. Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

52. On-site Stormwater Detention – Certification of works

All stormwater drainage works, including on-site stormwater detention works, for the development shall be constructed in accordance with the approved plans and specification prior to issue of an occupation certificate. Certificate/s of Compliance and Work-As-Executed (WAE) plans for the stormwater works must be submitted to the Principal Certifying Authority prior to the issue of an occupation certificate.

The certificate/s and WAE plans are to be prepared by a suitably qualified engineer and must be in accordance with Council’s Comprehensive Guidelines for Stormwater Management.

53. Access and parking areas to be completed.

The access and parking areas are to be constructed in accordance with the approved plans and Roads Act consent.

54. Floor Levels – Certification for Flooding

Prior to the issue of an Occupation Certificate, a certificate from a registered surveyor must be submitted to the Principle Certifying Authority confirming the height of habitable and non-habitable floors. An Occupation Certificate must not be issued unless the floor levels are at or above the relevant flood planning levels.

55. Access and facilities for persons with disabilities are to be provided

Access and facilities for persons with disabilities are to be provided in accordance with Part D3 of Building Code of Australia and AS 1428 - Design for Access and Mobility.

56. Record of Infrastructure

A record of infrastructure coming into Council ownership is to be submitted to Council. The information is to be submitted in the form of Council’s Standard Form titled “Asset Creation Record”. This form is available from Council’s Local Approvals Section.

57. Water service and meter to be connected to each dwelling

A water service and water meter must be connected to each residential dwelling in the development using an approved backflow prevention device. It is the applicant’s responsibility to engage a licensed plumber who shall liaise with council during this process.

Any new water service and meter will be at the applicants cost.

58. Sewer and water to be connected

A Certificate of Compliance under Section 307 of the Water Management Act 2000 is to be obtained from Byron Shire Council prior to the issue of an Occupation Certificate for works on water and/or sewer mains.

59. Remediation of contaminated land (where required)

A notice of completion must be provided to Council’s Health and Environment Section within 30 days of completion of the remediation work. The notice of completion must be accompanied by a Validation Report prepared by a suitably qualified person with experience in the remediation of contaminated land.

The Validation Report must specify the standard of remediation achieved and certify that the site is suitable for the proposed use. The report must conform to the NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other statutory requirements.

Documentary evidence must be provided confirming the method of disposal and destination of all contaminated soil removed from the site.

Reasons for conditions

· To comply with the provisions of the Local Environmental Planning Instrument.

· To preserve the environment and existing or likely future amenity of the neighbourhood.

· To protect the environment.

· To preserve the amenity of the area.

· To ensure adequacy of services to the development.

· In the interests of public health and safety.

· To ensure compliance with Section 68 of the Local Government Act 1993.

Notes

Construction Certificate required:

Principal Certifying Authority:

Work must not commence until the applicant has:-

a. appointed a Principal Certifying Authority (if the Council is not the PCA); and

b. given Council at least two days notice of the intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

c. notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Protection of the Environment Operations Act 1997:

WorkCover Authority

All works must be undertaken in accordance with the requirements of the WorkCover Authority.

Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

Penalties apply for failure to comply with development consents

Schedule of Development Contributions

The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The current contribution rates are available from Council offices during office hours. Payments will only be accepted by cash or bank cheque.

Stage 1

Stage 2

Heritage Conservation

Regard must be had to the requirements of Clause 5.10 of the Byron Local Environmental Plan 2014. This would highlight the need to apply for any proposed future changes to fabric, finish and appearance. Any future changes of colour schemes of the development which may not be sympathetic to the setting of the Mullumbimby Heritage Conservation Area must first be approved by Byron Shire Council.

Water payments under the Water Management Act 2000

Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
(ET Policy No:13/005)
STAGE 1

	Water	Sewer
DA 10.2014.404.3 ET Entitlements	1	1
Proposed Development ET loading	6.0	7.5
Additional ET loading	5.0	6.5

STAGE 2

	Water	Sewer
Proposed Development ET loading)	4.0	5.0
Additional ET loading	4.0	5.0

Plumbing Standards and requirements.

SCHEDULE 2 PRESCRIBED CONDITIONS

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

Clause 98A Erection of signs

Clause 98B Notification of Home Building Act 1989 requirements

Clause 98E Condition relating to shoring and adequacy of adjoining property

BYRON SHIRE COUNCIL

Questions With Notice 15.14 - Attachment 3

MEMO TO: Councillors & ET

COPY TO:

MEMO FROM: Coordinator Legal Services

SUBJECT: Byron Bay Bypass Appeal

DATE: 2 June 2017

RECORD NO: E2017/60303

The appeal was heard on 17-19 May 2017. Judgement was delivered on 2 June 2017.

This was an objector appeal brought pursuant to s 98(1) of the Environmental Planning and Assessment Act 1979 (NSW) by the Butler Street Community Network Incorporated ('the applicant') against the Northern Region Joint Regional Planning Panel, GHD Pty Ltd and Byron Shire Council (council).

The appeal was against the grant of consent by the JRPP on 22 June 2016 for development application no 10.2016.77.1 lodged by GHD on behalf of council, for the construction of a bypass road and associated works.

The applicant's contentions in seeking that development consent be refused can be summarised as:

• The likely noise impacts from the development are unacceptable, as those noise impacts cannot be effectively mitigated.

• The proposal will have unacceptable heritage impacts.

• The social impacts, as a result of the noise impacts and noise mitigation measures, are unacceptable. The proposal will result in unacceptable social impacts within the local community.

• The proposal is not suitable and not in the public interest, for reasons including its impact on the wetland areas and other areas of the natural environment.

Noise

Council’s acoustic expert gave evidence that the proposed mitigation works include 1.8m fencing, acoustically rated motorised sliding gates, blown-in acoustic insulation in the cavity of dwellings, replacement of or upgrading windows with acoustically rated glass replacement of external doors with solid core doors and acoustic seals, acoustic insulation in the ceiling, sealing of the perimeter under-floor openings under the bearers and the provision of ducted fresh air ventilation.

The height of 1.8m of fencing was chosen as a maximum height in collaboration with the heritage architect to ensure that visual and heritage impacts are minimised. In addition, special façade treatments have been devised for the heritage dwellings to ensure that they do not conflict with heritage requirements.

For the Glen Villa Resort, a 2.4m high noise barrier is proposed on the road alignment to ensure that noise levels at all facades comply with the adopted noise criteria.

Specific treatment is proposed for the non-residential properties, namely, Byron Bay Motor Lodge and Byron Aged Care. No mitigation treatment is recommended for Butler Street Reserve.

In summary, the evidence was that the Bypass had been designed to comply with EPA and RMS guidelines. Noise impacts to sensitive receivers is minimised in accordance with those documents, in particular through recommendations as to reasonable and feasible acoustic measures.

The court found that:

On the basis of the evidence of the acoustic experts, I accept that the predicted increase in noise levels can be effectively mitigated internally for dwellings fronting Butler Street, but that this can only be achieved by carrying out works to increase the acoustic insulation of each individual dwelling and by constructing boundary fences with gated access.

Heritage

Council’s heritage expert gave evidence that the proposed Bypass is an important infrastructure project that achieves the objectives of the well-established strategy for the augmentation of the existing road network in Byron Bay that has been under consideration since the 1980s. It is supported by various local and regional studies and planning policies for the area and is reflected in the zoning and land purchase actions by the council to relieve the existing traffic congestion in the town centre.

The evidence was that the affected building stock in the conservation area is generally of a representative character rather than being outstanding or rare in providing evidence of the evolution of the town. Many of the buildings have been substantially modified and have low levels of integrity.

Appropriate consideration has been given to how the setting of these houses will be treated to achieve acoustic attenuation on the front boundary along the new road alignment. When these treatments are combined with supplementary landscaping the impact will be substantially reduced to an acceptable level.

The two residential heritage items in the conservation area which are affected have been appropriately considered in relation to the alignment of the road, the provision of acoustic attenuation and the treatment of potential acoustic barriers such that they would remain clearly visible and capable of public appreciation following construction of the Bypass.

Impacts on other areas and elements beyond the boundaries of the conservation area have been carefully evaluated by several specialists and found to be acceptable.

The Court preferred the evidence of Council’s expert and said that:

The Byron Bay Bypass road will have some impact on the Burns Street Conservation Area (CA), but as the road is on the edge of the CA it will have less impact than if it passed through the CA and because the Byron Bay Bypass is located in the same position as Butler Street, the level of impact the Bypass will have on the heritage significance of the Burns Street CA will not be so detrimental as to undermine the collective, low level heritage significance of the Burns Street CA as representative of coastal town residential development.

Social Impact

Council’s expert gave evidence that, based on the EIS and supporting material, together with the evidence provided by other Council experts, social impacts experienced by residents in the immediate area (Butler Street) will be outweighed by the overall benefits of the proposed Bypass such as; greater access and amenity (vehicle and pedestrian), increased economic and tourism opportunities and growth, and employment opportunities, to the wider local and regional Byron Bay and Byron Shire community.

The Court accepted the agreed evidence of the social planning experts and said that:

I understand that the Byron Bay Bypass will result in negative amenity impacts for the residents in dwellings fronting Butler Street, caused by the changes to the locality, including increased traffic, increased road noise and changes to the way in which they come and go to their homes and use their homes. These undesirable impacts must be weighed against the fact that the Byron Bay Bypass has been planned since at least the making of LEP 1988 and the benefits to the community as a whole in managing the traffic through the Byron Bay town centre.

Ecology

Council’s expert gave evidence that the information provided in support of the application demonstrates that the project is acceptable on ecological grounds having regard to the assessment required under the EPA Act in respect of the precautionary principle.

The Court found that:

I am satisfied that the assessment together with the imposition of condition 3 on the consent addresses the issue of biodiversity loss for the residual component of the proposal. The applicant's contention regarding ecology is not made out by the evidence.

Town Planning

Council’s expert gave evidence that the Bypass is part of a broad strategy for the augmentation of the road network in the Byron Bay area which has been under consideration since the 1980s. This has led to the preparatory acquisition of land by Council and the zoning of the new section of road 9(a) Proposed Road Reserve Zone. The 9(a) zoning aligns with the proposed Bypass route publicly reflecting the intent to extend Butler Street since 1988. The 9(a) zoning would not align with the "Grab the Rail Bypass" option.

The Bypass is an important part of the planned augmentation to the road network identified by various planning strategies, the approval of the West Byron Urban Release and the Byron Bay CP. It will meet a need of the broader community while the EIS, development consent and further plans have incorporated a number of measures to minimise localised impacts to residents within Butler Street and immediate surrounds.

Specific findings by the Court

I have taken the applicant's case at its highest and considered the likely impacts of the proposal in the locality, including the impacts on the Butler Street community.

I accept and acknowledge that the intensification of the use of Butler Street, as a consequence of the creation of a bypass road to divert traffic from the Byron Bay town centre, will have necessary and undesirable impacts on the Butler Street community, particularly those residents that front Butler Street, and I understand and appreciate their distress in relation to the changes proposed to Butler Street.

The majority of the applicant's case focuses on the impacts arising from the increased traffic along Butler Street, which is the portion of the Byron Bay Bypass that will require approval by the determining authority under Part 5 of the EPA Act. Approval under Part 5 for the road outside of the SEPP 14 Wetland will be a matter for the determining authority. The determining authority will be required, under s111 of the EPA Act, 'Duty to consider environmental impact', to "examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of the activity". The conditions of consent sought by the applicant in this appeal are relevant to the determination under Part 5 of the EPA Act.

The applicant's case also focused on their preference for an alternative route for the Byron Bay Bypass and the argument that feasible alternatives to the Byron Bay Bypass should be wide ranging. I accept Mr Grech's (Council’s Town Planning expert) evidence that alternative options were considered in the early stages of the project and the evidence tendered that demonstrates a number of options have been considered for the railway corridor. I have also had regard to the Byron Bay Bypass justification statement which is included in the EIS (exhibit 5). An alternative route may well be an arguable position; however, I must deal with the application at hand. Merits review of a development application is not about searching for an alternative to justify refusing the proposal.

The Byron Bay Bypass has been planned since at least the making of LEP 1988. Nothing has been raised in the appeal by the applicant that warrants the refusal of the development application for the portion of the Byron Bay Bypass through the SEPP 14 Wetlands. On the basis of all of the evidence before me, I am satisfied that it is appropriate to grant consent to the proposal.

The Court made the following orders:

1. Development Consent is granted to Development Application No.10.2016.77.1 for construction of a road and associated works subject to the conditions of consent at Annexure 'A'.

2. The appeal is otherwise dismissed.

……………………………………

Ralph James

Potential cost of cancelling our emulsion contract (2015-0026) (ie payable to Downer for contractual breach)	$82,000
Cost of purchasing our emulsion from another supplier for the remainder of 2017/18.	$21,000
Cost of terminating meter reading contract	$222,800
Cost of purchasing meter reading services	$25,000
June 2016 Flood Damage Restorations	$1,600,000
March 2017 Flood Damage Restorations including Yamble Drive Reservoir	$2,070,000
North Ocean Shores Fire Main Upgrade	$30,000
Byron STP Odour Control Upgrade Inlet Works Investigation	$30,000
Total Cost of Res 17-585 in 2017/18	$4,080,800.00

Standard	Seal	Shoulder	Verge	Total
Aus Roads (Typical)	6.2-7m	1.5m	1m	11.2-12m
Aus Roads (Extended Design Domain)	6.2-7m	0.85m	1m	9.9-8.7
Northern Rivers Design Standard	7m	1m	Not specified	9m
Proposed Design	7m	0.5m	Nil	8m