Attachments of Ordinary Meeting

BYRON SHIRE COUNCIL

Ordinary Meeting

Public bsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 22 March 2018

9.3 Future of Local Government - 21st Century Community Governance

Attachment 1... Future of Local Government Declaration.................................................. 5

9.5 Water Sensitive Urban Design

Attachment 1... South East QLD Healthy Waterways Partnership, 'Concept Design Guidelines for Water Sensitive Urban Design'.................................................................. 7

Attachment 2... Raingarden Factsheet.............................................................................. 23

Attachment 3... Ballina Shire Council Urban Stormwater Management Plan.................. 27

Attachment 4... Water Sensitive Designs - waterbydesign............................................. 109

11. Submissions and Grants

11.1 Byron Shire Council Submissions and Grants as at 28 February 2018

Attachment 1... Byron Shire Council Submissions and Grants as at 28 February 2018 261

13. Staff Reports

General Manager

13.1 Byron Bay Town Centre Masterplan Leadership Team 2018

Attachment 1... Charter - Byron Masterplan Guidance Group....................................... 263

13.2 Report of the Communications Panel Meeting held on 14 September 2017

Attachment 1... Minutes 14/09/2017 Communications Panel......................................... 271

13.3 Report of the Communications Panel Meeting held on 13 February 2018

Attachment 1... Minutes 13/02/2018 Communications Panel Extraordinary.................. 274

Corporate and Community Services

13.4 Draft Policy: Community Iniaitives Policy (Section 356) following period of public exhibition

Attachment 1... Draft Policy Community Initiatives Program~rating feedback from public exhibition period - attachment to report to Council................................................ 278

13.5 Proposed Amendments to Council's Code of Meeting Practice

Attachment 1... Clause 22 in the form it would appear if all proposed amendments were accepted ............................................................................................................... 287

13.6 A new strategic approach to Public Art - revised Public Art Policy and new Draft Public Art Strategy

Attachment 1... E2018 12472 Draft Public Art Policy - revision considering new draft Public Art Strategy.................................................................................................. 289

Attachment 2... Draft Public Art Strategy March 2018................................................... 297

13.7 Joint Organisation of Councils

Attachment 1... Letter from the Acting Chief Executive, Office of Local Government - Joint Organisations......................................................................................... 358

Attachment 2... Office of Local Government - Joint Organisations - (Our Ref A573399) - JO Information Pack................................................................................... 359

Attachment 3... Final Draft Regulation............................................................................ 364

Attachment 4... OLG Joint Organisation Regulation Guide ........................................... 374

13.9 Stronger Country Communities Fund Round 2

Attachment 1... Stronger Country Communities Fund Round 2 Guidelines................... 395

13.10 Audit of tree removals in Railway Park Byron Bay

Attachment 1... SINC Solutions Final Report Byron Shire Council Tree Removal 9 March 2018 407

13.11 National General Assembly of Local Government 2018

Attachment 1... Memo to Councillors Regarding Call for Motions for 2018 National General Assembly of Local Government (including discussion paper).............. 456

Sustainable Environment and Economy

13.14 PLANNING - Development Application 10.2017.619.1 Staged Development - Stage 1 Strata Subdivision to Create Two (2) Lots , Stage 2 Alterations and Additions to Existing Shed to Create a Detached Dual Occupancy 19 Aloota Crescent Ocean Shores

Attachment 1... Proposed Plans ..................................................................................... 462

Attachment 2... Conditions of Consent ........................................................................... 465

13.15 PLANNING - Update on Environmental Zone review and Planning Proposal implementation process

Attachment 1... Proposed RU6 Transitional zone: rationale and other supporting information 475

Attachment 2... Proposed uses and objectives in E2 and E3 zones - extract from Council website............................................................................................................... 479

Attachment 3... Landowner Letter 1: possible land satisfying E2 - E3 criteria................ 480

Attachment 4... Landowner Letter 2: land not satisfying E2 - E3 criteria....................... 482

Attachment 5... Special Disclosure of Pecuninary Interest............................................. 486

13.16 Easy to do Business Program

Attachment 1... Flyer -outline the SBFC Program.......................................................... 488

Attachment 2... Presentation to NOROC General managers meeting........................... 489

13.17 Byron Shire Bush Fire Prone Land Mapping

Attachment 1... Bush Fire Prone Land Map in accordance with RFS Guide for Bush Fire Prone Land Mapping, Nov 2015 Version 5b.................................................... 502

Attachment 2... Current Bush Fire Prone Land Map, 2006............................................. 503

Attachment 3... Guide for Bush Fire Prone Land Mapping, Version 5b, November 2015, NSW Rural Fire Services.......................................................................................... 504

Attachment 4... Letter to RFS Headquarters Bushfire Prone Vegetation....................... 522

Attachment 5... NSW Rural Fire Services Response regarding Updated Bush Fire Prone Land Map............................................................................................................... 528

13.18 PLANNING - Development Application 10.2017.163.1 for Alterations and Additions to Existing Dwelling House including a Garage, Studio, Roofed Deck and Temporary Storage Shed with Attached Carport to be Decommissioned at the Completion of Construction at 126 Coolamon Scenic Drive Ewingsdale

Attachment 1... Plans prepared by Michael Leung Design dated 28/3/17...................... 529

Attachment 2... Conditions of consent ........................................................................... 542

13.19 PLANNING - Development Application 10.2017.450.1 Dual Occupancy (Detached) and Strata Subdivision at 40 Charlotte Street Bangalow

Attachment 1... proposed plans prepared by Joe Davidson Town Planning.................. 550

Attachment 2... Conditions of consent Dual Occupancy Detached and Strata subdivision 562

13.20 PLANNING - Development Application 10.2017.715.1 Farm Stay Accommodation 252 Middle Pocket Road Middle Pocket

Attachment 1... DA 10.2017.715.1 DA PLANS............................................................... 572

Attachment 2... Proposed conditions............................................................................... 574

Attachment 3... submissions received............................................................................. 578

13.21 PLANNING - Development Application 10.2017.600.1 - Strata Subdivision to create two (2) Strata Lots at 10 Rangal Road, Ocean Shores

Attachment 1... Proposed Plans...................................................................................... 590

Attachment 2... Conditions of consent............................................................................ 592

Attachment 3... submission received.............................................................................. 596

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

Attachment 1... 24.2017.82.1 - Schedule of Proposed Amendments to Byron DCP 2014 - Amended following public exhibition...................................................................... 598

Attachment 2... 24.2017.82.1 - Housing Affordability and Diversity in Rural Zones....... 612

Attachment 3... 24.2017.82.1 submissions...................................................................... 615

13.23 Expressions of Interest for the Multi Use of Byron Shire Rail Corridor

Attachment 1... 2017-0037 - EOI Expressions of Interest - Multi Use Byron Shire Rail Corridor - 22 March 2018............................................................................................ 626

Attachment 2... 2017-0037 - EOI - Expressions of Interest - Multi Use Byron Shire Rail Corridor - Deliverables Framework........................................................................ 680

Infrastructure Services

13.26 Tyagarah Clothes Optional Declaration - results of the enhanced stakeholder safety initiatives of Res 17-499 and Res 17-715

Attachment 2... Tyagarah Clothes Optional Existing and Proposed Sign Locations...... 681

Attachment 3... 2017 November Lifeguard Report Belongil Beach near Elements Resort 682

Attachment 4... Tyagarah Clothes Optional submission from Ms Yuti McLean............. 688

Attachment 5... Tyagarah Clothes Optional Submission from Zephyr Horses Belongil_Tyagrah Nude Beach Proposal............................................................................ 689

Attachment 6... Tyagarah Clothes Optional submission from David Dixon................... 695

Attachment 7... NSW Police Tyagarah Clothes Optional media release 12022018....... 696

Attachment 9... Tyagarah Beach Submission 2018........................................................ 698

Attachment 11. Email from Colin Obrien regarding length of Nudist Section of Tygarah beach 704

Attachment 12. Email from Shane West - Request for Nudist Beach at Tyagarah Be Reopened Fully........................................................................................................ 705

Attachment 13. Email from Jill Huggett regarding Tyagarah Beach length................... 706

13.28 Tyagarah Airfield Plan Management

Attachment 1... Tyagarah Airport Report - Northern Tree Care - February 2018.......... 707

13.29 Water and Sewer Equivalent Tenements Policy

Attachment 1... DRAFT Water and Sewer Equivalent Tenement (ET) Policy 2017...... 710

13.30 Review of Council's Smoke Free Outdoor Areas Policy

Attachment 1... Policy: Smoke-free Outdoor Areas (Adopted 13/1/100 Res 11-801) (Current_Policies) (DM1164551)........................................................... 725

Attachment 2... Proposed Amended Smoke Free Outdoor Areas Policy_2018 (E2017/109512) 732

14. Reports of Committees

Corporate and Community Services

14.1 Report of the Audit, Risk and Improvement Committee Meeting held on 30 November 2017

Attachment 1... Minutes 30/11/2017 Audit, Risk and Improvement Committee............ 738

14.2 Report of the Audit, Risk and Improvement Committee Meeting held on 15 February 2018

Attachment 1... Minutes 15/02/2018 Audit, Risk and Improvement Committee............ 743

Infrastructure Services

14.3 Report of the Transport and Infrastructure Advisory Committee Meeting held on 13 February 2018

Attachment 1... Minutes 13/02/2018 Transport and Infrastructure Advisory Committee Extraordinary......................................................................................... 747

14.4 Report of the Local Traffic Committee Meeting held on 12 February 2018

Attachment 1... Minutes 12/02/2018 Local Traffic Committee Extraordinary................ 295

BYRON SHIRE COUNCIL

Notices of Motion 9.5 - Attachment 3

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BYRON SHIRE COUNCIL

Notices of Motion 9.5 - Attachment 4

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BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.2 - Attachment 1

Minutes of the Communications Panel Meeting held on Thursday, 14 September 2017

File No: Error! Unknown document property name.

PRESENT: Cr C Coorey, Cr J Martin, Cr S Ndiaye

Staff: Annie Lewis (Media Communications Coordinator)

Annie Lewis (Minute Taker)

Amy Phillips (Digital Communications Officer)

Cr Sarah Ndiaye (Chair) opened the meeting at 10:20am and acknowledged that the meeting was being held on Bundjalung Country.

Apologies:

Cr Simon Richardson

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Communications Panel Meeting held on 6 July 2017 be confirmed.

(Ndiaye/Coorey)

The recommendation was put to the vote and declared carried.

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Staff Reports - General Manager

Report No. 4.1 Draft Emergency Communications Plan

File No: I2017/1285

Committee Recommendation:

1. The Communications Panel recommends the following additions be made to the Draft Emergency Communications Plan:

· Signage and the website will reflect any delays in projects due to the emergency event. (p11)

· The Purpose of the document be amended to include. “...; to support and inform the community, to provide reliable information and ensure effective communication channels are established and maintained”. (p.4)

· Change the cover of the Draft Emergency Communications Plan to better reflect the purpose of the document.

· The Mayor and Councillors be added to the key personnel. (p.6)

· Prepare – prior to emergency event – the after-hours phone message to be updated

· Action 1 to include reference to the ABC radio as the Emergency Broadcaster and details of local Emergency Services such as the SES, RFS. (p.7)

· Response – Actions 1 & 2 to include reference to the ABC radio as the Emergency Services broadcaster.

2. That the draft Plan be sent to ET for approval before being discussed again by the Communications Panel.

3. That the draft plan be on the agenda for the October 2017 meeting.

(Ndiaye/Coorey)

The recommendation was put to the vote and declared carried.

There being no further business the meeting concluded at 11:00am.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.3 - Attachment 1

Minutes of the Extraordinary Communications Panel Meeting held on Tuesday, 13 February 2018

File No: Error! Unknown document property name.

PRESENT: Cr C Coorey, Cr J Martin, Cr S Ndiaye, Cr Simon Richardson

Staff: Annie Lewis (Media Communications Coordinator)

Claire McGarry (Place Manager – Byron Bay)

Joanne McMurtry (Community Development Officer)

Rob Van Iersal (Major Projects Planners)

Sharyn French (Manager Environmental and Economic Planning)

Cr Ndiaye opened the meeting at 4:25pm and acknowledged that the meeting was being held on Bundjalung Country.

Apologies:

There were no apologies.

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Communications Panel Meeting held on 14 September 2017 be confirmed.

(Martin/Ndiaye)

The recommendation was put to the vote and declared carried.

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Staff Reports - General Manager

Report No. 4.1 Communication and Engagement Plan - Railway Precinct Projects

File No: I2018/87

Committee Recommendation:

That the Communications Panel note:

1. The Communication and Engagement Plan – Railway Precinct Projects.

2. That the project manager (Claire McGarry) provide fortnightly updates to Councillors on the Railway Precinct projects.

(Richardson/Ndiaye)

The recommendation was put to the vote and declared carried.

Staff Reports - Corporate and Community Services

Report No. 4.2 Mullumbimby Hospital Project Reference Group - Draft Engagement Plan

File No: I2018/69

Committee Recommendation:

That the Communication Panel note the Draft Engagement Plan (#E2017/101939).

(Martin/Coorey)

The recommendation was put to the vote and declared carried.

Staff Reports - Sustainable Environment and Economy

Report No. 4.3 Draft Communication Plans for several Environmental and Economic Planning Projects

File No: I2018/93

Committee Recommendation:

That the Communications Panel consider the following projects Communication Plans:

• Emissions Reduction Strategy

• Byron Bay Town Centre Review of Planning Controls – Pre-Gateway Consultation

The Communications Panel recommends that a strategic planning workshop involving all Councillors be held prior to the Council meeting scheduled for 22 March 2018.

• Rural Event Sites – Pre-Gateway Consultation

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

(Ndiaye/Coorey)

The recommendation was put to the vote and declared carried.

There being no further business the meeting concluded at 6:45pm.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.5 - Attachment 1

22. PUBLIC ACCESS

22.1 The first hour of each meeting will be allocated to Public Access to allow people to speak in favour of or against the recommendation of matters listed on the Agenda for that meeting.

22.2 If, after all scheduled speeches in favour of or against the recommendation of matters listed on the Agenda, time remains within the first hour of the meeting, at the discretion of the Chairperson the meeting can commence or the Public Access session can continue for registered submissions on items that are not on the Agenda or registered questions from members of the public on current agenda items or current issues before Council.

22.3 Requests to address Council during Public Access must be made to the General Manager or the Mayor no later than 12.00pm midday one day prior to the Meeting using the online form available on Councils website, over the phone or in person at Council’s Administration Centre in Mullumbimby. Requests must make clear:

a) whether the speaker is speaking generally in favour of, or against the recommended actions.

b) the subject of any submission.

c) the text of any question

Requests that do not meet the above requirements will not be included in Public Access

22.4 Requests to Address Council during Public Access which are received after the 12.00pm midday deadline the day prior to the Meeting are to be considered at the discretion of the Chairperson.

22.5 People/Organisations wanting to speak in favour of or against items on the Agenda will be listed for Public Access in the same order the items appear on the Agenda.

22.6 A person/organisation is permitted one speech in favour of or against items on the Agenda.

22.7 Five minutes is allocated for speeches in favour of and against items on the Agenda (total ten minutes per agenda item). Should there be more than one speaker addressing Council in favour of or against the recommendation of the same Agenda item, speakers will share the allocated five minutes.

22.8 The Mayor will invite Councillors to ask questions of speakers at the conclusion of their speech in favour of or against an item on the Agenda.

22.9 A person/organisation is permitted to register one submission per meeting on matters that are not on the Agenda.

22.10 Two minutes is allocated for submissions to Councils on matters that are not on the Agenda.

22.11 A person/organisation is permitted to register to ask one question of Council per meeting.

22.12 One minute is allocated per question of Council.

22.13 The Mayor, Councillors or General Manager will provide a response to questions asked of Council at the meeting if possible. That response will be included in the meeting minutes. If a response is unable to be provided the question will be taken on notice, with an answer to be provided to the person/organisation prior to the next Ordinary Meeting and placed on Councils website under the Council Meetings tab.

22.14 In order to be taken on notice, a question must be asked in person by the registered speaker at the meeting. Other enquiries of Council can be made by contacting the General Manager.

22.15 The only exception to point 22.13 is if the Chairperson determines that there is insufficient time on the day of the meeting to accommodate all requests for Public Access and thereby all registered questions will be taken on notice and responded to as per 22.13.

22.16 It is possible that not all requests to speak in favour of or against items on the Agenda, make a submission or ask a question of Council will be able to be accommodated within the Public Access part of the meeting. Members of the public are encouraged to contact their Councillors and/or Council regarding their concerns, questions or opinion before the Council meeting in case there is insufficient time on the day of the meeting to accommodate all requests for Public Access.

22.17 Additional speeches in favour of or against items on the Agenda, submissions on matters not including on the Agenda or questions to be put to Council may be accommodated at the discretion of the Chairperson.

22.18 Motions to extend the Public Access part of the meeting may be considered by Council.

22.19 A motion to extend the Public Access part of the meeting is a Procedural Motion. It must be proposed and need not be seconded.

22.20 Only one Procedural Motion for extension to the Public Access part of the meeting may be considered at a meeting. In circumstances deemed by the Chairperson to be exceptional, additional extensions may be considered.

22.21 The Chairperson shall give precedence to the Procedural Motion.

22.22 No debate or amendments shall be permitted on the Procedural Motion.

22.23 If a Procedural Motion to extend the Public Access part of the meeting is not supported by the majority of Councillors entitled to vote on it then it may not be re-introduced.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.6 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.15 - Attachment 1

LEP 2014: Proposed RU6 Transition Zone

Rationale

Protection of the rural landscape values, including scenic amenity, was one of the key messages expressed by the community in the Rural Land Use Strategy

Discussion Paper. Under BLEP 1988 the 7(d) Scenic Escarpment Zone covers most of the escarpment land in the Shire, as well as other visually important areas. During preparation of the shire wide LEP, areas within the 7(d) zone were proposed to be zoned either E2 Environmental Conservation or E3 Environmental Management in accordance with the Byron Shire LES 2008. This is because there is no equivalent zone provided in the Standard Instrument LEP Template (SI LEP) to accommodate such areas.

All 7(d) areas deferred from LEP 2014 are now being assessed against the State Government’s E zones Review Final Recommendations Report and related criteria for applying E Zones. Under the Final Recommendations Report, councils on the Far North Coast are not permitted to use scenic or aesthetic values as an attribute for the application of an E2 or E3 zone or mapped planning controls. The report also states that “A LEP Map is not to be used for areas of scenic protection or aesthetic values”. Whilst some vegetated areas in the 7(d) Scenic Escarpment Zone meet the criteria for applying E2 Environmental Conservation, other areas do not and will require an alternative rural zone.

The E Zone review and the Rural Land Use Strategy engagement processes have identified a need for a suitable replacement zone to the 7(d) Scenic Escarpment Zone. This is necessary in order to:

· align with community values and Council policy (ie. by ensuring that visually prominent areas are not eroded by inappropriate land uses that are otherwise permitted in the RU1/RU2 zones);

· avoid delays for landowners who have already agreed to an E Zone on part of their land, but cannot proceed without a comparable zone in LEP 2014 for the remaining 7(d) Zone LEP 1988; and

· avoid the prospect of other 7(d) zone land remaining as Deferred Matter due to the absence of a comparable LEP 2014 zone.

Although one of the objectives in the current RU1 Primary Production Zone and RU2 Rural Landscape Zone is ‘To protect significant scenic Landscapes and to minimise impacts on the scenic quality of the locality’, the range of permissible land uses in both zones is much greater than that of the 7(d) zone. This is shown in Table 1 below.

Initial discussions with the Department of Planning and Environment have indicated that the use of the RU6 Transition Zone in this context would appear to be consistent with the intend application of this zone.

Table 1 – Comparison of permissible land uses in the ‘7(d)’, ‘RU1’ and ‘RU2’ zones

ZONE à	7(d) Scenic Escarpment (BLEP 1988)	RU1 Primary Production (BLEP 2014)	RU2 Rural Landscape (BLEP 2014)
2. Permitted without consent	Nil.	Environmental protection works; Extensive agriculture; Home-based child care; Home occupations	Environmental protection works; Extensive agriculture; Home-based child care; Home occupations
3. Permitted with consent	Agriculture; bed and breakfast establishments; bushfire hazard reduction; car parks; clearing of land; drainage; dwelling-houses; environmental facilities; home industries; primitive camping grounds; restaurants; roads; utility installations.	Agriculture; Airstrips; Animal boarding or training establishments; Business identification signs; Camping grounds; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Helipads; Home businesses; Home industries; Industrial retail outlets; Industrial training facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Open cut mining; Places of public worship; Plant nurseries; Recreation areas; Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Tourist and visitor accommodation; Veterinary hospitals	Agricultural produce industries; Agriculture; Airstrips; Animal boarding or training establishments; Business identification signs; Camping grounds; Cemeteries; Centre-based child care facilities; Community facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Extractive industries; Farm buildings; Flood mitigation works; Forestry; Funeral homes; Garden centres; Health consulting rooms; Helipads; Home businesses; Home industries; Hostels; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Livestock processing industries; Neighbourhood shops; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Roadside stalls; Rural supplies; Rural workers’ dwellings; Secondary dwellings; Stock and sale yards; Storage premises; Tourist and visitor accommodation; Transport depots; Truck depots; Veterinary hospitals; Warehouse or distribution centres
4. Prohibited	Any purpose other than a purpose specified in item 2 or 3.	Aquaculture; Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3	Aquaculture; Backpackers’ accommodation; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3

To maintain consistency with the current 7(d) zone provisions and ensure visually prominent areas are not eroded by inappropriate land uses that are otherwise permitted in the RU1/RU2 zones, a new RU6 Transition Zone is proposed as follows.

ZONE RU6 TRANSITION ( ‘grey shading’ = compulsory in SI LEP / ‘blue’ font = additional local provisions proposed)

1 Objectives of zone

• To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.

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

• To encourage development that contributes to the Shire’s rural landscape character and visual qualities

2 Permitted without consent

environmental protection works; home occupations.

3 Permitted with consent

Agriculture; bed and breakfast accommodation; camping grounds; community facilities; dwelling houses; Eco-tourist facilities; Environmental facilities; home businesses; Home industries; restaurants; roads; road side stalls.

Comparison with 7d Scenic Escarpment Zone (LEP 1988):

3 Only with development consent

Agriculture; bed and breakfast establishments; bushfire hazard reduction; car parks; clearing of land; drainage; dwelling-houses; environmental facilities; home industries; primitive camping grounds; restaurants; roads; utility installations.

4 Prohibited

Any other development not specified in item 2 or 3

The proposed RU6 zone recognises that the scenic escarpment is a sensitive landscape experiencing, and likely to continue to experience, increased development pressure. Inappropriate development has the potential to erode the scenic values of these areas and conflict with community values and Council’s policy framework in this regard. The proposed RU6 zone will maintain the existing development framework around suitable land uses in these visually prominent areas and highly valued landscapes (by both residents and visitors).

RU6 Planning Implications

It is noted that the introduction of a new RU6 zone will not be an exact translation of landuses from the 7(d) zone, mainly due differences between LEP 1988 and LEP 2014 landuse definitions. In addition, DCP 2014 (Chp D3 - Visually Prominent Sites, Visually Prominent Development and View Sharing) my need to be amended to included supporting provisions for land affected by the RU6 Zone.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.15 - Attachment 5

Local Government (General) Regulation 2005

Schedule 3A Form of special disclosure of pecuniary interest

(Clause 195A)

Section 451 of the Local Government Act 1993

Form of Special Disclosure of Pecuniary Interest

1 The particulars of this form are to be written in block letters or typed.

2 If any space is insufficient in this form for all the particulars required to complete it, an appendix is to be attached for that purpose which is properly identified and signed by you.

Important information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993. The special disclosure must relate to a pecuniary interest that arises only because of an interest of the councillor in the councillor’s principal place of residence or an interest of another person (whose interests are relevant under section 443 of the Act) in that person’s principal place of residence. You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Civil and Administrative Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

Special disclosure of pecuniary interests

by ____________________________________________________________________________________

[full name of councillor]

in the matter of __________________________________________________________________________

[insert name of environmental planning instrument]

which is to be considered at a meeting of the

______________________________________________________________________________________

[name of council or council committee (as the case requires)]

Report No. __________ to be held on the _________________ day of ________________________ 201

Pecuniary interest

Address of land in which councillor or an associated person, company or body has a proprietary interest (the identified land)¹

Relationship of identified land to councillor

[Tick or cross one box.]

Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

Associated person of councillor has interest in the land.

Associated company or body of councillor has interest in the land.

Matter giving rise to pecuniary interest

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land)²

[Tick or cross one box]

The identified land.

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

Effect of proposed change of zone/planning control on councillor

[Insert one of the following:

“Appreciable financial gain” or

“Appreciable financial loss”]

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]

_____________________________

Councillor’s signature

_____________________________

Date

(This form is to be retained by the Council’s general manager and included in full in the minutes of the meeting.)

1 Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative 4 or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

Section 442 of the Local Government Act 1993 provides that a "pecuniary interest" is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

2 A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest-see section 448 (g) (ii) of the Local Government Act 1993 .

3 "Relative" is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.26 - Attachment 9

20/2/18

Dear Darren,

We are a naturist couple and are frequent users of the Tyagarah clothing-optional beach. We believe the “stakeholder safety initiatives” implemented after Council’s resolution on October 26, 2018 have been extremely successful. There has been a marked decline in anti-social activity as a result of new signs and a systematic police presence. We believe most stakeholders, including local residents, naturists, Council, NPWS, and Police are satisfied with progress and that the Safe Beaches Committee (SBC) provides an institutional framework for maintaining these gains into the future. As such, we believe the trial period should be declared a resounding success and the threat of closure should be lifted.

Beach Use Snapshot

We compiled a statistical snapshot of the Sunrise to Grays Lane section of the beach for a month over summer. The results are in Table 1. Our main conclusions were:

1. The vast majority of nude people on the beach (ie. 95%) were in the designated zone. This suggests that the signage and the police presence have been effective.

2. Couples, small groups and the occasional single female make up a solid majority (ie. 73%) of users in the designated nude zone. The stereotype of the beach being dominated by single men is incorrect. The beach mainly attracts couples.

3. No lewd acts or harassment were witnessed. Only one suspicious incident was observed – a guy standing around on top of the sand dune. Most single males appeared to be nonintrusive – eg. sunbaking, reading.

Police Evidence

Police action is working. Chief Inspector Luke Arthurs has stated publicly that “We are definitely seeing an improvement in attitude and behaviour down there, which is great”.^{^[1]} He also told the Safe Beaches Committee that “Undesirables are choosing different locations”.^{^[2]}

Anecdotal Evidence

Local residents and naturists agree that the tone of the beach has improved over the summer.

Yuti McClean, who initiated a campaign to clean up the beach in 2017, believes the new measures have been successful: “The new signage in the Tyagarah area has been very helpful to clear up the huge sexual problem at Tyagarah Lake, Tyagarah Beach parking area, and Tyagarah Beach. And the presence of the police daily has also highly changed the atmosphere of these places into a safer cleaner feeling. The difference of the atmosphere at the car park area is incredible”.^{^[3]}

Ms McClean also told the Safe Beaches Committee: “The residents of Tyagarah had given up hope. They never imagined they would have this success. It’s beyond what anybody expected. It’s a real step forward. Clean energy”.^{^[4]}

Tyagarah residents confirmed Ms McClean’s assessment in a meeting with Councillor Sarah Ndiaye. One resident named Gwen Gould said: “The police presence and actions have improved things majorly”.^{^[5]}

Debra Conomy from the Byron Naturists group concurs: “On many occasions over the last few months we have witnessed a huge difference in behaviour. Over the Christmas, New Years break I personally spoke to many couples who’d confirmed, yes they now felt safe and many who had no hesitation on bringing their children back to such an ideal location”.^{^[6]}

Naturists Flock Back to Tyagarah

There is anecdotal evidence that naturist couples and some families are returning to the beach. On a sunny weekend it is mainly couples under the umbrellas and beach tents that are strung out along the sand. The atmosphere is convivial and lots of people know each other.

Organised naturist activity is also increasing on the beach. As well as the long-running annual ANZAC Day Nude Cricket Test, the following bona fide groups have regular events:

· Byron Naturists. Eg. Sports and Fun Day December 2017 attended by 40 people.^{^[7]}

· Adam and Eve Social Club.^{^[8]}

· Young Naturists of Australia.

· Byron Nude “Olympics” scheduled for October 2018 by Coast and Valley Naturists.^{^[9]}

The Safe Beaches Committee: A Framework for the Future

The work of the Safe Beaches Committee was not well understood by Council when the Tyagarah issue was considered in October 2017.

I (Oscar) observed my first Safe Beaches Committee meeting on 31/1/18. It was a professional, results-oriented group representing all key stakeholders. Local residents, naturists, Council, NPWS and Police all shared a firm commitment to making the beach a safe and wholesome place. There was also consensus about the rapid progress being made toward that goal.

The Safe Beaches Committee has been a fundamental institution for improving the management of the beach. It is crucial that its work continues in 2018 in order to consolidate the gains already made and to extend them even further. We encourage all parties to remain fully engaged with this process.

Conclusion

Local residents, naturists and Police all agree there has been a substantial change for the better at Tyagarah Beach in the three month trial period set by Council. The number of deviants has decreased and the number of genuine beach-goers has increased. This momentum can be maintained in 2018 as the Safe Beaches Committee continues its stellar work.

Sincerely,

Oscar Redman and Melody Swift

TABLE 1: Sunrise to Grays Lane Beach Nudity Snapshots: December 2017 – January 2018

Recorded by Oscar Redman & Melody Swift

Date	Time	Sunrise-Southern Boundary of Nude Zone	Nude Zone			Northern 200m Buffer Zone	North of Grays Lane	Lewd Or Suspicious Behaviour	Notes
			Couples & Groups	Single Males	Single Females

23/12/17	9-12	?	16	12	0	0	0	1 (M on top of dune)	Saw Duncan who reported that Family Beach Day in December was successful – 40 people, inc 2 families who said the beach felt different and would come back again.
8/1/18	10-12	2 (MM Couple – see note)	8	5	0	0	0	-	Came from Sunrise end of the beach where there is no signage about nude area.
9/1/18	-	-	-	-	-	-	-	-	MF couple staying at BB report positive experience at beach. Debbie said all guests over Christmas-NY have similar experience, including Young Naturists of Australia group.
14/1/18	10-11	?	4	5	0	1 (M)	1 (MF Couple)	-	M in buffer zone only there for a few minutes before moving on.
16/1/18	10-12	0	5	3	1	0	0	-	Single F being left alone.

TOTAL NUDE PEOPLE		2	66	25	1	1	2	1

Sunrise – Grays Lane

People Nude Outside Designated Area: 5%
People In Nude Zone: 95%

Nude Zone

People in Couples & Groups:     72%
Single Males:                                     27%
Single Females:                                1%

Conclusions

1. The vast majority of nude people on the beach were in the designated zone. This suggests that the signage and the police presence have been effective. This concentration enables what Mayor Richardson called “passive surveillance” or looking out for one another in the October Council meeting. Signage at the Sunrise entry to the beach would further improve the situation.

2. Couples, small groups and the occasional single female make up a solid majority of users in the designated nude zone. The stereotype of the beach being dominated by single men is incorrect. The beach mainly attracts couples.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.30 - Attachment 1

Policy 11/010

POLICY TITLE	SMOKE-FREE OUTDOOR AREAS

1. OBJECTIVES

1.1. The objectives of Byron Shire Council in banning smoking in various Council areas are to:

a) Improve the health of community members;

b) Improve public amenity and maintenance of Council property;

c) Raise community awareness of the issues associated with smoking;

d) Provide community leadership in taking measures to protect the health and social wellbeing of the community;

e) Minimise cigarette butt pollution on Council owned beaches, waterways, parks and other open space areas.

2. POLICY STATEMENT

2.1. Smoking is prohibited in the following areas on Council land:

a) within ten (10) metres of all children’s playground equipment;

b) on all playing fields, sporting grounds and facilities (ie swimming pools, outdoor sports fields);

c) at all events run or sponsored by Council;

d) in alfresco dining areas on public land;

e) within ten (10) metres of Council owned or managed buildings including balconies or covered areas of those buildings;

f) within all covered bus stops and taxi ranks;

g) within Council car parks;

And that signage is erected that requests that smoking not take place in the following areas and shows respect and consideration for the amenity of other users of public places on Council owned or managed lands including:

a) patrolled beaches;

b) In all bushland, parks and reserves;

2.2. Further, that this Policy be enforced in any leases, licences or other estates that apply to Council owned and managed lands and properties and that internationally recognised signage be erected to indicate that these areas are smoke-free.

3. PRINCIPLES

3.1. This policy recognises that Council has:

a) An obligation to promote public health outcomes where Council provides assets and services intended to be of benefit to children and other members of the community;

b) A commitment to improve the natural environment and the amenity of the local area by reducing the amount of cigarette butt litter found in outdoor spaces;

c) An understanding that the damaging effects of passive smoking while well documented in regard indoor areas, is also beginning to emerge in regard outdoor areas; and

d) An acknowledgement that the indirect effects of people smoking in an outdoor area can result in children playing with and swallowing discarded cigarette butts; cigarette-derived particles accumulating on clothing and skin; and smoking causing sensory irritations such as eye watering, coughing, difficulty in breathing or asthma.

4. LEGISLATION

4.1. Under the NSW Local Government Act 1993 Council has the power to:

a) Erect suitably worded and strategically placed notices in “public places” (such places including but not limited to public reserves, Crown reserves, public bathing reserves, public baths, public swimming pools, public parks and public roads) within the local government area of Byron Shire prohibiting smoking (see, relevantly, s.632 (1) and (2)(e) of the Act);

b) Serve, by means of an authorised person, a penalty notice upon any person who fails to comply with the terms of any such notice (see, relevantly, s.679 of the Act and cll.5-7 of, and Schedule 1 to, the General Regulation);

c) Demand, by means of an authorised person, the name and address of any person reasonably suspected of failing to comply with the terms of any such notice (see, relevantly, s.680 of the Act);

d) Remove, by means of an authorised person, from community land any person who fails to comply with the terms of any such notice (see, relevantly, s.681 of the Act); and

e) Otherwise prohibit smoking in any place within the local government area of Byron Shire, in respect of which Council is the owner or occupier, as a condition of entry to that place.

5. AUTHORISED PERSONS

5.1. The following Byron Shire Council staff are “authorised persons”:

a) Council Rangers;

b) Environmental Health Officers;

6. SIGNAGE

6.1. The following Council open space areas will be signposted, wherever practicable, to provide smoke-free zones:

Examples:

a) Within 10 (ten) metres of all children’s playgrounds;

b) Around all Council playing fields, sporting grounds and at outdoor sporting facilities;

c) On all land used for alfresco dining (alternatively lease conditions may be used).

d) At all events run or sponsored by Council;

e) Within 10 (ten) metres of Council owned building entrances;

f) At all covered bus stops and taxi ranks.

6.2. Signs will be installed in prominent places in the open space areas listed above. The signs will include the international no-smoking symbol and the wording:

‘WARNING: Heavy Penalty
Regulated under s632 NSW Local Government Act 1993’.

a) patrolled beaches;

b) In all bushland, parks and reserves;

7. LEASES, LICENCES AND OTHER COUNCIL AGREEMENTS

7.1. Council buildings and outdoor dining areas that are leased, licensed or hired by Council will have smoke-free clauses inserted into their agreements for use.

8. ENFORCEMENT OF BAN

8.1. In implementing Council’s Smoke-free Outdoor Areas Policy a program of community education and awareness, specifically targeting residents and day visitors, is to be undertaken.

8.2. Enforcement of this Policy will be supported by persuasion and self-policing, rather than punitive enforcement.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 13.30 - Attachment 2

TABLE OF CONTENTS

1. OBJECTIVES.. 2

2. SCOPE.. 2

3. DEFINITIONS.. 2

4. STATEMENT.. 2

4.1. ... (Sub Heading) 2

4.2. ... (Sub Heading) 2

5. LEGISLATIVE AND STRATEGIC CONTEXT.. 2

5.1. .. (Sub Heading) 2

5.2. .. (Sub Heading) 2

6. SUSTAINABILITY.. 3

7. AUTHORISED PERSONS

8.SIGNAGE

9.LEASES,LICENCES AND OTHER COUNCIL AGREEMENTS

10.ENFORCEMENT OF BAN

1. OBJECTIVES

1.1. The objectives of Byron Shire Council in banning smoking in various Council areas are to:

a) Improve the health of community members;

b) Improve public amenity and maintenance of Council property;

c) Raise community awareness of the issues associated with smoking;

d) Provide community leadership in taking measures to protect the health and social wellbeing of the community;

e) Minimise cigarette butt pollution on Council owned beaches, waterways, parks and other open space areas.

2. SCOPE

2.1. This policy recognises that Council has:

a) An obligation to promote public health outcomes where Council provides assets and services intended to be of benefit to children and other members of the community;

b) A commitment to improve the natural environment and the amenity of the local area by reducing the amount of cigarette butt litter found in outdoor spaces;

c) An understanding that the damaging effects of passive smoking while well documented in regard indoor areas, is also beginning to emerge in regard outdoor areas; and

3. DEFINITIONS

List here all the terms and acronyms used in the Management Policy, and their definitions.

Policy	A governing principle.

4. STATEMENT

4.1. Smoking is prohibited in the following areas on Council/Crown land:

a) within ten (10) metres of all children’s playground equipment;

b) on all playing fields, sporting grounds and facilities (ie swimming pools, outdoor sports fields);

c) at all events run or sponsored by Council;

d) in alfresco dining areas on public land;

e) within ten (10) metres of Council owned or managed buildings including balconies or covered areas of those buildings;

f) within all covered bus stops and taxi ranks;

g) within Council car parks associated with Council buildings;

h) on all beaches;

a) In all bushland, parks and reserves;

4.2. Further, that this Policy be enforced in any leases, licences or other estates that apply to Council owned and managed lands and properties and that internationally recognised signage be erected to indicate that these areas are smoke-free.

5. LEGISLATIVE AND STRATEGIC CONTEXT

5.1. Under the NSW Local Government Act 1993 Council has the power to:

a) Erect suitably worded and strategically placed notices in “public places” (such places including but not limited to public reserves, Crown reserves, patrolled beaches, public bathing reserves, public baths, public swimming pools, public parks and public roads) within the local government area of Byron Shire prohibiting smoking (see, relevantly, s.632 (1) and (2)(e) of the Act);

c) Demand, by means of an authorised person, the name and address of any person reasonably suspected of failing to comply with the terms of any such notice (see, relevantly, s.680 of the Act);

d) Remove, by means of an authorised person, from community land any person who fails to comply with the terms of any such notice (see, relevantly, s.681 of the Act); and

e) Otherwise prohibit smoking in any place within the local government area of Byron Shire, in respect of which Council is the owner or occupier, as a condition of entry to that place.

6. SUSTAINABILITY

The objectives of this Management Policy directly align with Council’s social and environmental sustainability objectives via the provision of community leadership in taking measures to protect the health and social wellbeing of the community and minimising cigarette butt pollution on Council owned beaches, waterways, parks and other open space areas.

7. AUTHORISED PERSONS

7.1. The following Byron Shire Council staff are “authorised persons”:

a) Community Enforcement Officers;

b) Environmental Health Officers;

c) Waste Education and Compliance Officer

8. SIGNAGE

8.1. The following Council open space areas will be signposted, wherever practicable, to provide smoke-free zones:

Examples:

a) Within 10 (ten) metres of all children’s playgrounds;

b) Around all Council playing fields, sporting grounds and at outdoor sporting facilities;

c) On all land used for alfresco dining (alternatively lease conditions may be used).

d) At all events run or sponsored by Council;

e) Within 10 (ten) metres of Council owned building entrances;

f) At all covered bus stops and taxi ranks;

g) At beach access points.

6.2. Signs will be installed in prominent places in the open space areas listed above. The signs will include the international no-smoking symbol and appropriate messaging.

a) In all bushland, parks and reserves;

9. LEASES, LICENCES AND OTHER COUNCIL AGREEMENTS

9.1. Council buildings and outdoor dining areas that are leased, licensed or hired by Council will have smoke-free clauses inserted into their agreements for use.

10. ENFORCEMENT OF BAN

10.1. In implementing Council’s Smoke-free Outdoor Areas Policy a program of community education and awareness, specifically targeting residents and day visitors, is to be undertaken.

10.2. Enforcement of this Policy will be supported by persuasion and self-policing as a priority with subsequent ,punitive enforcement if and when required.

BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services 14.1 - Attachment 1

Minutes of the Audit, Risk and Improvement Committee Meeting held on Thursday, 30 November 2017

File No: Error! Unknown document property name.

PRESENT: Cr B Cameron and Cr A Hunter

Staff: Anna Vinfield (Manager Corporate Services)
Jess Orr (Strategic Risk and Improvement Coordinator)

David Royston-Jennings (Corporate Governance Officer)

Community: Michael Georghiou (Chairperson), Brian Wilkinson, Rae Wills

Auditors: Cathy Blunt (OCM)

Mr Georghiou (Chair) opened the meeting at 2.07pm.

Apologies:

There were apologies from Cr Richardson.

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Audit, Risk and Improvement Committee Meeting held on 17 August 2017 and Extraordinary Audit, Risk and Improvement Committee Meeting held on 12 October 2017 be confirmed. (Georghiou/Wilkinson)

The recommendation was put to the vote and declared carried.

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Procedural Motion

Committee Recommendation:

1. That pursuant to Section 10A(2)(f) of the Local Government Act, 1993, the Committee resolve into Confidential Session to discuss the following reports, namely:

· Update on Disaster Recovery & Business Continuity Planning at Council

· Corporate Compliance and Policy Management Audit Review - November 2017

· Internal audit activity & progress report

2. That the reasons for closing the meeting to the public to consider this item be that the reports contain details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property.

3. That on balance it is considered that receipt and discussion of the matter in open Committee would be contrary to the public interest, as:

disclosure of the confidential information could affect the security of the Council, Councillors, Council staff or Council property. (Georghiou/Wilkinson)

The recommendation was put to the vote and declared carried.

Staff Reports - Corporate and Community Services

Report No. 4.1 Update on Disaster Recovery & Business Continuity Planning at Council

File No: I2017/1806

Committee Recommendation:

1. That the Audit, Risk and Improvement Committee note work undertaken in improving Council’s business continuity and disaster recovery efforts..

2. That future agendas for the Audit, Risk and Improvement Committee contain a standing item on Business Continuity and Disaster Recovery planning. (Georghiou/Wilkinson)

The recommendation was put to the vote and declared carried.

Report No. 4.2 Corporate Compliance and Policy Management Audit Review - November 2017

File No: I2017/1807

Committee Recommendation:

1. That the Audit, Risk and Improvement Committee note the Corporate Compliance and Policy Management internal audit review report.

2. That the Audit, Risk and Improvement Committee request that management implement the recommendations made in the report identified as Attachment 1 (#E2017/108208).

(Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

Report No. 4.3 Internal audit activity & progress report

File No: I2017/1814

Committee Recommendation:

That the Audit, Risk and Improvement Committee note the Internal Audit Activity Report – November 2017. (Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

Procedural Motion

Committee Recommendation:

That the meeting move out of confidential session. (Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

OTHER BUSINESS

Mr Georghiou requested that the next agenda of the Audit, Risk and Improvement Advisory Committee include a report on Council’s Risk Register.

There being no further business the meeting concluded at 3.11pm.

BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services 14.2 - Attachment 1

Minutes of Meeting

bsc_logo_150dpi_rgb

Audit, Risk and Improvement Committee Meeting

Venue	Council Chamber, Station Street, Mullumbimby
Date	Thursday, 15 February 2018
Time	11.30am

Minutes of the Audit, Risk and Improvement Committee Meeting held on Thursday, 15 February 2018

File No: Error! Unknown document property name.

PRESENT: Cr B Cameron and Cr S Richardson

Staff: Mark Arnold (Acting General Manager)
Phil Holloway (Director Infrastructure Services)

James Brickley (Acting Director Corporate and Community Services)

Anna Vinfield (Manager Corporate Services)

Community: Michael Georghiou (Chairperson), Brian Wilkinson, Rae Wills

Auditors: Cathy Blunt (OCM) and Kevin Franey (TNR)

Mr Georghiou (Chair) opened the meeting at 11.36am.

Apologies:

Apologies were received from Cr Hunter.

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Audit, Risk and Improvement Committee Meeting held on 30 November 2017 be confirmed.

(Georghiou/Wilkinson)

The recommendation was put to the vote and declared carried.

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Procedural Motion

1. That pursuant to Section 10A(2)(f) of the Local Government Act, 1993, the Committee resolve into Confidential Session to discuss the following reports, namely:

Update from NSW Audit Office - Performance Report summary

Update on Business Continuity, Disaster Recovery & Risk Management

Internal Audit Activity & Progress Report

Buildings and Property Management Audit Review

2017 Final Year End Audit Management Letter

2. That the reasons for closing the meeting to the public to consider these items be that:

The reports contain details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property.

3. That on balance it is considered that receipt and discussion of these matters in open Committee would be contrary to the public interest, as the matters and information contained in the reports relate to matters affecting the security of the council, councillors, council staff or council property.

(Georghiou/Wilkinson)

The recommendation was put to the vote and declared carried.

Confidential Reports - Corporate and Community Services

Report No. 5.1 Confidential - Update from NSW Audit Office - Performance Report summary

File No: I2018/194

Committee Recommendation:

That the internal audit, risk and improvement committee note the contents and recommendations made in the performance report from NSW Audit Office at Attachment 1.

(Georghiou/Richardson)

The recommendation was put to the vote and declared carried.

Report No. 5.2 Confidential - Update on Business Continuity, Disaster Recovery & Risk Management

File No: I2018/169

Committee Recommendation:

1. That the Audit, Risk and Improvement Committee note ongoing work undertaken in improving Council’s business continuity and disaster recovery efforts across the organisation.

2. That the Audit, Risk and Improvement Committee receive an update on initiatives to work with the community and the SES initiatives regarding community action teams.

(Georghiou/Wilkinson)

The recommendation was put to the vote and declared carried.

Report No. 5.3 Confidential - Internal Audit Activity & Progress Report

File No: I2018/65

Committee Recommendation:

1. That the Audit, Risk and Improvement Committee note the Internal Audit Activity Report – February 2018 (#E2018/9927).

2. That the Audit, Risk and Improvement Committee endorse the suggestion from OCM to close off the two outstanding recommendations in Appendix C of the attached report (#E2018/9927) due to these actions being confirmed as complete, pending verification by OCM.

(Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

Report No. 5.4 Confidential - Buildings and Property Management Audit Review

File No: I2018/64

Committee Recommendation:

1. That the Audit, Risk and Improvement Committee note the Buildings and Property Management internal audit review report.

2. That the Audit, Risk and Improvement Committee request that management implement the recommendations made in the report identified as Attachment 1 (#E2018/10497).

(Georghiou/Wilkinson)

The recommendation was put to the vote and declared carried.

Report No. 5.5 Confidential - 2017 Final Year End Audit Management Letter

File No: I2018/213

Committee Recommendation:

That the comments provided by Management in response to matters raised in the 2017 Final Audit Management Letter as outlined in Attachment 1 (#E2018/10287) be noted by Council.

(Georghiou/Wills)

The recommendation was put to the vote and declared carried.

Procedural Motion

That the meeting move out of confidential session.

(Georghiou/Wilkinson)

The recommendation was put to the vote and declared carried.

There being no further business the meeting concluded at 12.39pm.

BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services 14.3 - Attachment 1

Minutes of Meeting

bsc_logo_150dpi_rgb

Extraordinary Transport and Infrastructure Advisory Committee Meeting

Venue	Council Chamber, Station Street, Mullumbimby
Date	Tuesday, 13 February 2018
Time	11:30 am

Minutes of the Extraordinary Transport and Infrastructure Advisory Committee Meeting held on Tuesday, 13 February 2018

File No: Error! Unknown document property name.

PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr J Martin

Staff: Phil Holloway (Director Infrastructure Services)

Tony Nash (Manager Works)

Phil Warner (Manager Assets and Major Projects)

Blyth Short (Asset Management Coordinator)

Daniel Strzina (Project Engineer)

Christopher Soulsby (Development Planning Officer S94 and S64)

Dominika Tomanek (Minute Taker)

Community Representatives: Sapoty Brook, Graham Hamilton, David Michie, Alex Lewers

Visitors: Hannah Richardson, Aaron Donges

Cr Cameron (Chair) opened the meeting at 11:34 am and acknowledged that the meeting was being held on Bundjalung Country.

Apologies:

Andy Maclean

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 16 November 2017 be confirmed.

(Martin/Hamilton)

The recommendation was put to the vote and declared carried.

Note: The minutes of the meeting held on 16 November 2017 were noted as being adopted by Council, at the Ordinary Meeting held on 14 December 2017.

Business Arising from Previous Minutes

On-site meeting to discuss Options for the northern section of the Byron Bay to Suffolk Park Cycleway was held on for 6 December 2017.

Staff Reports - Infrastructure Services

Report No. 4.1 Transport Asset Management Plan Draft Communication Strategy

File No: I2018/75

Committee Recommendation:

1. That Council note the draft Communication Strategy for Transport Asset Management Plan (TAMP).

2. That a draft Media Release regarding the TAMP Communication Strategy be provided to members of committee if possible before the next committee meeting.

(Cameron/Martin)

The recommendation was put to the vote and declared carried.

Report No. 4.2 Byron Bay (Browning St) to Suffolk Park (Clifford St) Cycleway Investigation

File No: I2018/173

Committee Recommendation:

1. That the Committee review the details within Byron Bay (Browning St) to Suffolk Park (Clifford St) Cycleway Investigation presentation (Attachment 1; E2018/9404) by PSA Consulting and provide final feedback to the consultant at the meeting to assist report finalisation.

2. That the draft final preferred concept design drawings (Attachments 2-5: E2018/9393, E2018/9399, E2018/9400, E2018/9402) and draft final report be finalised by PSA Consulting for reporting to the 15 March 2018 ordinary TIAC meeting, with the intention of further recommending to Council to adopt the recommendations within the final report and place the final report and proposed concept design drawings on public exhibition.

3. That funding report will be brought to 15 March 2018 meeting outlining internal and external grants funding sources for the cycleway.

(Richardson/Cameron)

The recommendation was put to the vote and declared carried.

Cr Martin left the Chambers at 1:02 PM.

There being no further business the meeting concluded at 1:10 pm.

BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services 14.4 - Attachment 1

Report of the Extraordinary local Traffic Committee Meeting held IN February 2018

File No: Error! Unknown document property name.

Meeting Commenced:

The agenda was distributed to the Committee on Tuesday 6 February. Responses were collected via email by 22^nd February 2018.

PRESENT:

Councillor: Cr Basil Cameron

Roads and Maritime Services Representative: Linda Makejev

Police: Snr Constable David Brigg

Tamara Smith MP

Staff: Evan Elford

Apologies:

There were no apologies.

Declarations of Interest

There were no declarations of interest raised.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Local Traffic Committee Meeting held on 16 January 2018 be confirmed at the next ordinary meeting.

(Cameron/Brigg)

The recommendation was put to the vote and declared carried.

Matters Arising

There were no matters arising.

Outstanding Issues/Resolutions

There were no outstanding issues/resolutions.

Regulatory Matters

Report No. 6.1 Traffic - Events - Byron Bay Blues Festival 2018

File No: I2018/96

SUMMARY

Council has received an event Traffic Management Plan (TMP) and Traffic Control Plan (TCP) for Byron Bay Bluesfest 2018 to be held on Thursday 29 March 2018 to Monday 2 April 2018.

OFFICER RECOMMENDATION

That the Local Traffic Committee (LTC) review the event documents and provide comments and the recommendations to the Byron Bay Bluesfest 2018 organisers for the event to be held on Thursday 29 March 2018 to Monday 2 April 2018.

The committee are requested to specifically review the recommendations contained within the 2017 Post Event Traffic Evaluation Report prepared by Greg Alderson and Associates and provide comment in relation to support for the recommendation or otherwise.

To assist the committee members, the recommendations and conclusion contained in the Alderson Report have been reproduced below.

12 Recommendations from this report

Recommendations included in this report are summarised below:

1. Recommend: that the temporary festival delineation of the southbound off-ramp is reviewed for future events. Issues to consider could include:

- that the delineation starts earlier on the off-ramp;

- install different arrangement of signs and devices;

- roadside and signage maintenance works are undertaken to improve sight distance to the

Bluesfest off-ramp;

- A detailed section of the TCP should be included for this small area showing all signs and

devices to be installed;

- Reducing the speed of exiting vehicles to 60km/h or less to reduce exit ramp sight

distance requirements*

*AUSTROADS Guide to Road Design Part 4C: Interchanges, Section 7.3 specifies sight distance requirements for vehicles using exit ramps. In a 110km/h speed zone, the sight distance required to the exit ramp “nose” from the auxiliary lane is 215m. It is estimated that the drivers sight distance to the exit nose of the Bluesfest Off-Ramp is less than this and may be a contributing factor to this issue. For 60km/h a reduced requirement of 120m is required.

2. Recommend: that this driveway access (Access 3) is upgraded in the future to improve efficiency and that the internal driveway from access 3 to Noble Way is sealed.

3. Recommend: Future TCP could include a temporary footway along here (Tanner Lane) with pedestrian barrier/s.

4. Recommend: Traffic Control Manager must be aware of any future queuing along Yarun Road in real time and implement internal measures to ensure queuing is not caused by back up of internal site traffic.

5. Recommend: Retain the new pick-up zone location for future festivals, this was very successful.

6. Recommend: Bluesfest investigate feasibility of a Grays Lane exit

7. Recommend: That Bluesfest continue to improve and increase shuttle bus services for the festival.

8. Recommend: Bluesfest investigate having shuttle buses enter the site at a different location to improve efficiency. Entry from either Grays Lane or the Southbound Exit Ramp should be considered.

BACKGROUND

Bluesfest has lodged documents for the 29^th annual Byron Bay Bluesfest event to be held Thursday 29 March 2018 to Monday 2 April 2018 for consideration by the Local Traffic Committee.

Bluesfest have also provided a copy of the Bluesfest 2017 Post Event Traffic Evaluation Report prepared by Greg Alderson and Associates which amongst other things contains a number of recommendations for changes to be incorporated into future traffic management plans for implementation.

The report concludes “ that the traffic control measures external to the site, were appropriate for the event and were capable of dealing with the patronage and traffic flows.

The main issue observed that must be rectified for the 2018 event is recommendation 1 from Section 12 above.”

The Traffic Management Plan (TMP) and Traffic Control Plans (TCP) are different to those submitted for the 2017 event although it is not possible to assess if all the recommendations contained within the Alderson Report have been incorporated into the plans to be implemented for the 2018 event.

KEY ISSUES

1. Congestion caused by the event will directly affect a RMS controlled asset – Pacific Highway.

2. RMS Traffic Engineering Department requires separate approval of the TMP and TCP.

COUNCIL IMPLICATIONS

§ Budget/Financial

The event organisers to pay the relevant Approval of Road Events fee pursuant to s144 of the Roads Act as per the Fees & Charges 2017/18.

§ Asset Management

Not applicable.

Committee Comments

Linda Makejev, RMS provided the following comments:

M1 Pacific Mwy Traffic Management

· Consultation with the Transport Management Centre (TMC) Transport Operations Room (TOR) at the commencement of the Bump In Traffic – Campers

· Consultation with the TMC TOR during the event daily in regards to day patron increased traffic congestion.

· Consultation with the TMC TOR at the commencement of the Bump Out Traffic – Campers.

· On site Traffic Control Supervisor or Event Traffic Management to update and advise of any delays on the Pacific Hwy.

· Section 5.0 of the TMP does not mention that the event organiser needs to ensure that the supervising traffic engineer monitors the north and southbound off load ramps to ensure that traffic does not impact on the Pacific Motorway.

· Council should ensure that traffic management plans identified in the TMP and associated TCP’s minimise the impact on the no-event community by minimising delays

· The proposed event portable VMS messages on the motorway VMS should not advertise the ‘event traffic access messages’ until the 00:01 hours on the day of the event. Messages on the days leading up to the event should advised travellers/warn drivers of possible delays, for example (BLUES FESTIVE 29 MAR-2 APRIL – POSSIBLE DELAYS). Any event ‘traffic access messages’ should terminate at the end of the event at 22:00 hrs April 2^nd. Messages should then be programmed to advise travellers/warn drivers of possible delays following the event.

· RMS to review all portable VMS messages

Ewingsdale Rd Interchange/Gulgan Rd Interchange

· Ewingsdale interchange off ramp Portable VMS placement?

· Pacific Hwy NBND – Prior to Ewingsdale exit - Portable VMS required?

· Any congestion of significant delays at either interchanges - to be advised to TMC TOR.

Traffic Control Devices

· Installation of No Stopping Signs - How will this be enforced at the various locations?

· Enforcement measures of no stopping area needs to be identified and clarified as to who is responsible for issuing parking infringement notices

· Removal of Event related signage (portable VMS boards) at the completion/ bump-out of the event.

Road Occupancy Licence (ROL)

· Site Specific – Strategic portable VMS placement.

· ROL for contingency Plan TCP?

· RAM Glen Innes to undertake ROL conflict checks in the vicinity (M1 Pacific Mwy)

Contingency Plans

· Emergency Management Plan/ Evacuation Plan – required Police and Emergency Services to be consulted – required.

· Wet Weather Plan – required and the traffic impacts during Bump in/out periods.

· Pedestrian Management Plan – required.

Bus Plan

· Bus Marshalls – patrons setting down/picking up at festival - Patrons boarding buses at the various pick up locations

· Bus Timetable adherence and communication to Festival Management and to the Patrons.

· Delays or breakdowns to be logged and reported.

· Plans for alternate bus company where there are unplanned incidents. At responsibility of the event organiser, pedestrians from the event are not to be found walking along the M1 Pacific Mwy at any time.

· Bus Company liaison required – 24/7 for updates.

· A communication strategy required to communication to festival patron of any delays.

Taxi/ Uber

· Taxi areas and Uber drop off area – pedestrian management.

Paid Parking on site

· Car park entry queue lengths – pre paid parking delays.

· Bus set down areas – queues of buses conflicting with event vehicle ingress.

Bluesfest Playing Schedule

· Peak performance time have not been identified. This will be an effect of day patron event traffic and regular traffic. Will the traffic control management be increased at theses peak times for the ingress and egress daily? Communication to the TMC TOR in regards to changes traffic movement, where there potential for delays.

Camping Bump in on Wednesday 28 March 2018

· Note the bump-in with be immediately prior to the Easter long weekend, local traffic non-event traffic expected to increased.

· Peak traffic periods to be monitored with traffic data collection.

· Unplanned incidents to be reported and end of queue management to be monitor and photographed where/ when possible safely.

· Do we have a breakdown of the patronage postcode origin. Is there an update percentage breakdown in camping numbers and day patronage

Unplanned Incidents

· Festival Traffic management to report unplanned Traffic incidents to Police and TMC TOR where the impact may affect a closure on the M1 Pacific Mwy and the ingress traffic and egress traffic.

· Consider - Consultation with a local towing company, to assist with breakdowns.

Page 12

· RMS – Craig Roberts is no longer the Manager of the Regional Traffic Operations Centre. (for several years now).

Further Conditions

· Any conditions required by Police or Council must be met by the organisers,

· The events must be staged as specified in your Traffic Management Plan,

· The events must be staged in accordance with the Work Health and Safety Act 2013,

· The events must be conducted in compliance with Australian Road Rules and other relevant State legislation,

· Any civilian traffic controllers used to control traffic must be hold appropriate traffic control accreditation,

· Traffic control arrangements must comply with Australian Standard 1742.3 and the Roads and Maritime Traffic Control at Worksites manual,

· Adequate public liability insurance must exist, it is recommended that such insurance be to a minimum value $20,000,000 (twenty million dollars),

· Council should ensure that the event organiser has installed all pedestrian control devices in accordance to the TMP and that all pedestrian control devices meet Australian Standards

· Should significant traffic delays or queues occur as a result of the events then the participants must vacate traffic lanes immediately and normal traffic access be restored

Management Comments

There were no Management Comments

Committee Recommendation:

1. That Council endorse the recommendations of the Local Traffic Committee for the Byron Bay Bluesfest 2018 to be held on Thursday 29 March 2018 to Monday 2 April 2018.

2. That the approval provided in Part 1 is subject to:

a. separate approvals by NSW Police and RMS being obtained, noting that the event is on a state road or may impact the state road network

b. implementation of the Traffic Management Plan and Traffic Control Plan approved by Police and RMS, including the use of signed detours, as designed and implemented by those with appropriate accreditation

c. that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints

d. the event be notified on Council’s webpage

e. the event organiser:

i. Update the Traffic Management and Control Plans to be implemented for the 2018 event to incorporate the recommendations contained within the Greg Alderson & Associates – Bluesfest 2017 Post Event Traffic Evaluation Report in accordance with the committee comments.

ii. Update the Traffic Management and Control Plans to be implemented for the 2018 event in consideration of comments provided by the RMS and to incorporate the requirements outlined in the RMS comments

iii. undertake consultation with community and affected businesses including adequate response/action to any raised concerns

iv undertake consultation with emergency services and any identified issues addressed

v. hold $20m public liability insurance cover which is valid for the event

vi. pay Council’s Road Event Application Fee prior to the event

(Cameron/Brigg)

The recommendation was put to the vote and declared carried unanimously.

There being no further business the meeting concluded at 4:16pm on 23^rd February 2016.

[2] Safe Beaches Committee, Minutes, 31/1/18, Section 1.0.

[4] Safe Beaches Committee, Minutes, 31/1/18, Section 4.0.

Subject:	Signs Needed at Both Entry Points To Nude Beach
Date:	Fri, 3 Nov 2017 16:54:25 +1100
From:	David Dixon <strand@bigpond.com>
To:	simon.richardson@cr.byron.nsw.gov.au, basil.cameron@cr.byron.nsw.gov.au, James, Ralph <Ralph.James@byron.nsw.gov.au>, Sarah.Parkinson@byron.nsw.gov.au, strand@bigpond.com

Date Adopted by Council	13/10/11	Res. No.	11-801
Policy Responsibility	Corporate and Regulatory Services
Review Timeframe	As required
Last Review Date:		Next Scheduled Review Date

Doc No.	Date Amended	Details Comments eg Resolution No.
#1059891	14/4/11	Draft Policy reported to Council Res 11-277
#1085768		Draft for exhibition purposes 19 May to 16 June 2011
#1159223	13/10/11	Adopted Res 11-801
#1164551	9/11/11	Grammatical errors corrected

Date Endorsed by General Manager	13/10/11	Document Reference Number of Endorsement	11-801 & 17-270
Document Owner	Corporate and Regulatory Services
Document Development Officer	Kate Akkerman – Waste Education and Compliance Officer.
Review Timeframe	3 years.
Last Review Date:	22 November 2017	Next Scheduled Review Date	22 November 2020

Doc No.	Date Amended	Details/Comments eg Resolution No.
E2017/106607	22/11/2017	Draft Policy for ET approval
#1059891	14/4/11	Draft Policy reported to Council Res 11-277
#1085768		Draft for exhibition purposes 19 May to 16 June 2011
#1159223	13/10/11	Adopted Res 11-801
#1164551	9/11/11	Grammatical errors corrected

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 14 September 2017
Time	10.00am

Venue	Meeting Room 2, Station Street, Mullumbimby
Date	Tuesday, 13 February 2018
Time	4.00pm