Procedural Motion

18-120

Resolved that Cr Hunter be granted a leave of absence until 12.00pm on 22 March 2018.

(Richardson/Lyon)

The motion was put to the vote and declared carried.

18-121

Resolved that the minutes of the following meetings be confirmed:

·        Ordinary Meeting held 22 February 2018

·        Byron Shire Reserve Trust Committee held 22 February 2018                    (Coorey/Spooner)

The motion was put to the vote and declared carried.

Report No. 11.1           Byron Shire Council Submissions and Grants as at 28 February 2018

File No:                        I2018/338

18-122

Resolved that Council note the report and Attachment (E2018/15209).       (Richardson/Cameron)

Report No. 13.2           Report of the Communications Panel Meeting held on 14 September 2017

File No:                        I2018/271

18-123

Resolved that Council note the minutes of the Communications Panel Meeting held on 14 September 2017.                                                                                             (Richardson/Cameron)

Report No. 13.3           Report of the Communications Panel Meeting held on 13 February 2018

File No:                        I2018/368

18-124

Resolved that Council note the minutes of the Communications Panel Meeting held on 13 February 2018.                                                                                                 (Richardson/Cameron)

Report No. 13.8           Council Investments February 2018

File No:                        I2018/360

18-125

Resolved that the report listing Council’s investments and overall cash position as at 28 February 2018 be noted.                                                                                                 (Richardson/Cameron)

Report No. 13.10         Audit of tree removals in Railway Park Byron Bay

File No:                        I2018/382

18-126

Resolved that Council:

1.    Receive the audit report into the tree removals in Railway Park Byron Bay prepared by independent consultants Sinc Solutions (attachment 1, E2018/19397)

2.    Note the recommendations contained in the report                                 (Richardson/Cameron)

Report No. 13.13         Report of the Planning Review Committee Meeting held on 22 February 2018

File No:                        I2018/24

18-127

Resolved that the report be noted.                                                                  (Richardson/Cameron)

Report No. 13.16         Easy to do Business Program

File No:                        I2018/97

18-128

Resolved that Council:

1.       Approves joining the ‘Easy to do Business’ Program in partnership with Service NSW.

2.       Delegates the General Manager to enter into a Service Partnership Agreement with Service NSW in accordance with the requirements under the Service NSW (One-stop Access to Government Services) Act 2013.

3.       Approves any necessary documents be executed under the Common Seal of Council.

       (Richardson/Cameron)

Report No. 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

File No:                        I2018/252

18-129

Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 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 be granted consent subject to the following conditions in Attachment 2 (#E2018/13678).                             (Richardson/Cameron)

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett and Spooner voted in favour of the motion.

No Councillors voted against the motion.

Cr Hunter was not present for the vote.

Report No. 13.22         PLANNING - 24.2017.82.1 'Housekeeping' Amendment - Byron DCP 2014 (Various Chapters)

File No:                        I2018/356

18-130

Resolved:

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

a)   removal of Chapter D9: Child Care Centres;

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

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

2.       Adopt the Byron DCP 2014 amendment and give public notice of the decision within 28 days.                                                                                                       (Richardson/Cameron)

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett and Spooner voted in favour of the motion.

No Councillors voted against the motion.

Cr Hunter was not present for the vote.

Report No. 13.25         Loan Funding - Eureka Bridge Embankment Repairs and Replacement of Five Bridges

File No:                        I2018/230

18-131

Resolved:

1.       That Council authorise the borrowing of $1,665,000 through an Expression of Interest (EOI) process prior to 30 June 2018 to fund the repairs of the Eureka Bridge Embankment Repairs and replacement of the Five Bridges subject to a Tender Report to the 22 March 2018 Ordinary Meeting.

2.       That Council delegates authority to the General Manager to negotiate with financial institutions to acquire the loan funds required in recommendation 1 above and accept the best offer made available to Council.

3.       That Council authorise the affixing of the Council seal to all documents that may require it, in regards to the loan borrowing.                                                                (Richardson/Cameron)

Report No. 13.27         Interim Parking Permits - fees and charges

File No:                        I2018/263

18-132

Resolved that Council:

1.    Implement an interim parking permit scheme for shire residents and workers  that do not meet the current criteria to obtain a permit under the existing pay parking and residential parking scheme requirements.

2.    Require a resident to prove that they reside within a pay parking or residential parking scheme and that there are no options available for the resident to park within the private property space of their residence in order to obtain an interim permit noting that the permit will specify the location to which the permit will apply.

3.    Require a worker to prove that they work at a business or organisation located within a residential parking scheme and that there are no options available for the worker to park within the private property space of their place of work in order to obtain an interim permit noting that the permit will specify the location to which the permit will apply.

4.    Apply the existing pay parking permit fees of $55 for residents and $110 for workers for interim parking permits until such time as the criteria is reviewed and new fees and charges for the interim permits are adopted.

5.    Restrict the number of permits to one per resident or worker with permits being valid for a maximum period of 12 months noting that a valid permit will require to be displayed within the vehicle and contain the registration number of the vehicle to be valid.

6.    Receive a report within 12 months to review the performance of the interim parking permit scheme.                                                                                                    (Richardson/Cameron)

Report No. 13.28         Tyagarah Airfield Plan Management 

File No:                        I2018/279

18-133

Resolved that Council note this report.                                                          (Richardson/Cameron)

Report No. 13.30         Review of Council's Smoke Free Outdoor Areas Policy

File No:                        I2018/366

18-134

Resolved:

1.       That the current Smoke-Free Outdoor Areas Policy (11/010) is amended to include prohibition of smoking on all beaches in the Shire and the amended policy be placed on public exhibition for a period of 28 days.

2.       That in the event:

a)   that any submissions are received on the amended Smoke-Free Outdoor Areas Policy, that those submissions be reported back to Council prior to the adoption of the policy; and

b)   that no submissions are received on the amended Smoke-Free Outdoor Areas Policy, that the Policy be adopted and incorporated into Council’s Policy Register.

(Richardson/Cameron)

Report No. 13.31         Ewingsdale Road and Sunrise Boulevard Roundabout

File No:                        I2018/367

18-135

Resolved:

1.       That the issues associated with the construction of the Sunrise Boulevard roundabout, the budget adjustments, the debrief and learnings and their application to future projects, especially the Bayshore Drive roundabout be noted.

2.       That the financial adjustments outlined in this report be approved.       (Richardson/Cameron)

Report No. 14.1           Report of the Audit, Risk and Improvement Committee Meeting held on 30 November 2017

File No:                        I2018/269

18-136

Resolved that Council note the minutes of the Audit, Risk and Improvement Committee Meeting held on 30 November 2017.                                                                            (Richardson/Cameron)

18-137

Resolved that Council adopt the following Committee Recommendation(s):

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

File No:                I2017/1806

Committee Recommendation 4.1.1

That the Audit, Risk and Improvement Committee note work undertaken in improving Council’s business continuity and disaster recovery efforts.                                          (Richardson/Cameron)

18-138

Resolved  that Council adopt the following Committee Recommendation(s):

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

File No:                I2017/1807

Committee Recommendation 4.2.1

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).

(Richardson/Cameron)

The motion was put to the vote and declared carried.

18-139

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.3    Internal audit activity and progress report

File No:                I2017/1814

Committee Recommendation 4.3.1

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

Report No. 14.2           Report of the Audit, Risk and Improvement Committee Meeting held on 15 February 2018

File No:                        I2018/270

18-140

Resolved that Council note the minutes of the Audit, Risk and Improvement Committee Meeting held on 15 February 2018.                                                                               (Richardson/Cameron)

18-141

Resolved that Council adopt the following Committee Recommendation(s):

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

File No:                I2018/194

Committee Recommendation 5.1.1

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.   (Richardson/Cameron)

18-142

Resolved that Council adopt the following Committee Recommendation(s):

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

File No:                I2018/169

Committee Recommendation 5.2.1

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.      (Richardson/Cameron) .

18-143

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 5.3    Internal Audit Activity & Progress Report

File No:                I2018/65

Committee Recommendation 5.3.1

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.

(Richardson/Cameron) .

18-144

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 5.4    Buildings and Property Management Audit Review

File No:                I2018/64

Committee Recommendation 5.4.1

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).

                                                                                                                       (Richardson/Cameron) .

18-145

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 5.5    2017 Final Year End Audit Management Letter

File No:                I2018/213

Committee Recommendation 5.5.1

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.

(Richardson/Cameron)

Report No. 14.3           Report of the Transport and Infrastructure Advisory

Committee Meeting held on 13 February 2018

File No:                        I2018/276

18-146

Resolved that Council note the minutes of the Transport and Infrastructure Advisory Committee Meeting held on 13 February 2018.                                                                 (Richardson/Cameron)

18-147

Resolved that Council adopt the following Committee Recommendation(s):

Report No. 4.1    Transport Asset Management Plan Draft Communication Strategy

File No:                I2018/75

Committee Recommendation 4.1.1

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.

(Richardson/Cameron)

The motion was put to the vote and declared carried.

18-148

Resolved that Council adopt the following Committee Recommendation(s):

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

File No:                I2018/173

Committee Recommendation 4.2.1

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) .

Report No. 14.4           Report of the Local Traffic Committee Meeting held on 12 February 2018

File No:                        I2018/353

18-149

Resolved that Council note the minutes of the Extra Local Traffic Committee Meeting held on 12 February 2018.                                                                                                 (Richardson/Cameron)

18-150

Resolved that Council adopt the following Committee Recommendation(s):

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

File No:                I2018/96

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

(Richardson/Cameron)

Report No. 16.2           Confidential - Tender 2017-0053 Replace 5 Bridges Evaluation Recommendation

File No:                        I2018/5

18-151

Resolved:

1.    That Council approves in addition to the combined grant funding a budget allocation of $655,000 for the 2018/2019 financial year funded via loan borrowings undertaken prior to the end of the 2017/2018 financial year.

2.    That Council award Tender 2017-0053 Replace 5 Bridges to SEE Civil Pty Ltd for Alternative Tender for $4,721,173.97 (excluding GST).

3.    That Council makes public its decision, including the name and amount of the successful tenderer, in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.                                                                                                         (Richardson/Cameron)

Report No. 16.3           Confidential - Tender 2017-0011 Suffolk Park Community Hall Upgrade

File No:                        I2018/68

18-152

Resolved:

1.       That Council award Tender Suffolk Park Community Hall Upgrade to “Quadracon Building”.

2.       That Council transfer within the Community Buildings Special Rates program $63,000 from savings achieved at the Bangalow A&I Hall to the Suffolk Park Community Hall Upgrade.

3.       That Council makes public its decision, including the name of the successful tenderer, in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.

                                                                                                                         (Richardson/Cameron)

Report No. 16.4           Confidential - Tender 2017-0014 Construction of Concrete Roundabout and Road Reconstruction at the Intersection of Bayshore Drive and Ewingsdale Road, Byron Bay

File No:                        I2018/208

18-153

Resolved:

1.       That Council award the Lump Sum Price Contract 2017-0014 for the Construction of Concrete Roundabout and Road Reconstruction at the Intersection of Bayshore Drive and Ewingsdale Road, Byron Bay to SEE Civil Pty Ltd for a sum of $3,958,203.56 excluding GST.

2.       That Council allocate in 2018/19 as part of the budget process, the balance of the budget of $3,618,949 required to complete this project, as detailed in this report

3.       That Council makes public its decision, including the name and amount of the successful tenderer, in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.

5.       That the report remains confidential until the contract is finalised.        (Richardson/Cameron)

Report No. 16.5           Confidential - Tender 2017-0064 Blindmouth Creek Crossing Tender Evaluation

File No:                        I2018/264

18-154

Resolved:

1.       That Council award Tender 2017-0064, for Blindmouth Creek Crossing, to G & R Brown & Sons P/L.

2.       That Council select Option 1 – Under Traffic, at a lump sum of $988,772.30 exclusive of GST, so as to cause minimal impact on local residents, school bus services, businesses and emergency services.                                                                                                                

3.       That Council makes public its decision, including the name and amount of the successful tenderer, in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.                                                                                                       (Richardson/Cameron)

Report No. 16.6           Confidential - Tender 2017-0027 Suffolk Beachfront Holiday Park Alterations and Additions to Existing Amenities Building

File No:                        I2018/363

18-155

Resolved:

1.       That Council decline the tender for “Suffolk Beachfront Holiday Park Alterations and Additions to Existing Amenities Building” and not proceed with the proposal for the contract with a further report to be provided to Council on alternative options for the works.

2.     That Council makes public its decision.                                                 (Richardson/Cameron)

Report No. 16.7           Confidential - Acquisition of land for 5 Bridges Replacement Program

File No:                        I2017/2073

18-156

Resolved that Council:

1.    Acquire areas of land from landowners, adjacent Scarrabelottis Bridge and Booyong Bridge for the purposes of road widening, as detailed in Bridge Design Site plans attached.

2.    Acquire the land by agreement with landowners.

3.    Note and accept the agreements made with landowners by way of Consent to Enter documents attached to this report.

4.    Authorise the General Manager to take the necessary steps to proceed with the land acquisition, and extinguishment of easement for water supply including, but not limited to, affixing the Council seal to all necessary documents that effect the acquisitions or easement extinguishment and re-creation.                                                               (Richardson/Cameron)

Report No. 16.8           Confidential - Tender 2017-0066 Landslip Remediation

File No:                        I2018/434

18-157

Resolved:

1.    That Council award the contract (Tender 2017-0066 Landslip Remediation) to PJ Warner Australia Pty Ltd. for a total amount of $ 1,067,010.00 (exclusive of GST).

2.    That Council delegate to the General Manager the authority to administer this contract to the contract value.

3.    That Council authorise the affixing of the Council seal to all documents that may require it, in regards to the Contract.

4.    That Council makes public its decision, including the name and amount of the successful tenderer, in accordance with Clause 179(b) of the Local Government (General) Regulation 2005.

5.    That the report remains confidential until the contract is finalised.          (Richardson/Cameron)

Procedural Motion

18-158

Resolved that Council change the order of business to deal with Reports 9.1, 9.6, 9.7, 13.5, 13.24, 13.26 and 13.20 next on the Agenda.                                                                  (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Notice of Motion No. 9.1     Independent review of Byron Shire Council’s organisation and governance

File No:                                  I2018/217

This notice of motion was withdrawn.

Notice of Motion No. 9.6     Protection and Public Access - Scarabelottis Lookout and Keyes Bridge Reserve

File No:                                  I2018/404

18-159

Resolved:

1.    That Council facilitate a meeting to discuss with residents, interested community groups and adjacent landowners the development of a protection and access plan for Scarabelottis Lookout at Coorabell and Keyes Bridge Reserve at Federal.

2.    That discussions of possible actions include:

a)    Community driven education, signage and social media engagement to inform visitors of the environmental and cultural values of each site.

b)    Increased compliance by rangers to deter illegal camping.

c)    Consideration by Local Traffic Committee of signage to limit roadside parking and ensure public safety.

d)    Restricting vehicular access to the sites.

e)    Not allowing dogs and other domestic animals to be taken onto the sites.

f)     Other.

3.    That no camping signs be placed at Keyes Bridge Reserve and Scarabelottis Lookout prior to Easter and that compliance staff enforce against overnight camping during this period.

(Cameron/Richardson)

The motion was put to the vote and declared carried.

Procedural Motion

18-160

Resolved that Cr Cameron be granted a one minute extension to his speech.                                                                                                                              (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Notice of Motion No. 9.7     Poker Machines in the Byron Shire

File No:                                  I2018/409

18-161

Resolved:

1.    That Council write to the new owners of The Beach Hotel endorsing their deliberate decision to remove poker machines from their venue to improve the wellbeing of the Byron Shire community and set a precedent for other venues across Australia to follow.

2.    That Council write to all remaining poker machine venues in Byron Shire opening a dialogue to gauge their interests in pursuing a similar strategy to divest their poker machines and offering Council support if they wish to investigate alternative business models.

3.    That Council undertake a review of Council’s potential interests and involvements with poker machines by researching:

a)    council investments with regard to the Ethical Investment Policy;

b)    any council or crown land leases that may involve poker machine venues; and

c)    planning controls that may be available (or potentially available) for limiting the use of poker machines within the shire.

4.    That a report be prepared for the May Ordinary Meeting outlining options to develop a comprehensive gambling policy to reduce the harm in the Byron Shire from the use of poker machines.

5.    That Council requests that the State Government refer the proposed amended NSW Legislation in relation to gambling, announced and introduced to parliament on 5 March 2018, to an inquiry for further investigation and consultation with local governments as to the potential impacts on gambling harm in our community.                                   (Spooner/Ndiaye)

The motion was put to the vote and declared carried.

Procedural Motion

18-162

Resolved that Cr Spooner be granted a two minute extension to his speech. (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Report No. 13.5           Proposed Amendments to Council's Code of Meeting Practice

File No:                        I2018/237

18-163

Resolved:

1.    That the draft amendments to Clause 22 and Schedule A of the Code of Meeting Practice be placed on public exhibition for a period of 28 days, with the additional change:

       A person/organisation is permitted two speeches in favour of or against items on the Agenda.

2.    That in the event:

a)    that any submissions are received on the draft amendments to Clause 22 and Schedule A of the Code of Meeting Practice those submissions be reported back to Council prior to the adoption of the amended Code;

b)    that no submissions are received on the draft amendments to Clause 22 and Schedule A of the Code of Meeting Practice the amendments be adopted and incorporated into the Code and that the amended Code be incorporated into Council’s Policy Register.

 (Coorey/Cameron)

The motion was put to the vote and declared carried.

Report No. 13.24         Update - Barrio Eatery and Bar, 1 Porter Street, Byron Bay - Enforcement proceedings

File No:                        I2018/427

Moved that Council:

1.       Note the report.

2.       In respect of the Penalty Infringement Notice, accept the legal advice and take action accordingly.                                                                                                   (Lyon/Richardson)

Procedural Motion

18-164

Resolved that this matter rest on the table.                                                        (Ndiaye/Richardson)

The motion was put to the vote and declared carried.

Report No. 13.26         Tyagarah Clothes Optional Declaration - results of the enhanced stakeholder safety initiatives of Res 17-499 and Res 17-715

File No:                        I2017/2101

18-165

Resolved that Council:

1. Receive a further report after six months following the installation of the signs (as per Res 17-715, except for signs suggested at Brunswick Heads), to report on the results of the enhanced stakeholder safety initiatives of Res 17-499 and Res 17-715.

2. Acknowledges the importance of the stakeholder engagement in the success to date of these initiatives and that future proposals to change the zone be undertaken through consultation with the Safe Beaches Committee.                                                                       (Ndiaye/Richardson)

The motion was put to the vote and declared carried.

Report No. 13.20         PLANNING - Development Application 10.2017.715.1 Farm Stay Accommodation 252 Middle Pocket Road Middle Pocket

File No:                        I2018/268

Moved: That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no.10.2017.715.1 for Farm stay accommodation, be approved subject to the following conditions of consent:

AMENDED CONDITIONS OF CONSENT:

1.         Development is to be in accordance with approved plans

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

          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.         Bushfire Safety Authority

          The development proposal (use of an existing dwelling for farm stay accommodation) is to occur within the existing dwelling that is described in the following referenced plans as a proposed dwelling.

·     The drawing prepared by NCD titled 'Proposed Residence for G.G. & C.V. Patterson at Lot 102 No. 252 Middle Pocket Road, Middle Pocket and dated 27 March 2012.

3.         Use of principal dwelling only for temporary farm stay accommodation

The approval for farm stay accommodation strictly applies to the principal dwelling house within the area outlined in the approved site plan.  At no time must any other structure be used for the purposes of farm stay accommodation or as tourist and visitor accommodation.

4.         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.

5.         On-site sewage management facility upgrade for existing dwelling- Section 68 approval required

          An Approval under Section 68 of the Local Government Act 1993 to upgrade on-site effluent disposal must be obtained from Council prior occupation of the dwelling house for farm stay accommodation. Such approval must be issued after the date of this consent.

The application for Section 68 approval must be accompanied by a report prepared by a suitably qualified professional with demonstrated experience in effluent disposal matters, which addresses the site specific design of sewage management in accordance with the requirements of the NSW Local Government Act, and Approvals Regulation and Guidelines approved by the Director General.

6.         On-site sewage management system must be completed

The on-site sewage management system is to be constructed in accordance with approved plans and in accordance with current specifications and standards. The system is not to be used and/or operated until a Council Officer has inspected the system and authorised its use.

7.         Approval to Operate required

In accordance with the Local Government Act, an Approval to Operate the onsite sewage management system must be obtained from Council. Forms may be downloaded from Council’s website with 'http://www.byron.nsw.gov.au/on-site-sewage'.

8.         Management Plan Complaints, house rules, contact details, and Management of Pets

A Management Plan for the Farm Stay Accommodation to prepared including details on the following

(a)       Complaints Handling Policy:

(b)       Updated House Rules farm dams and providing management measures for guest pets or a prohibition on guests bring pets to the property; and

(c)       Contact details of the land owner and/or appointed property manager.

Note. The contact person(s) must be contactable 24 hours 7 days a week and to be able to respond within 30 minutes to complaints regarding the action of tenants and in particular issues pertaining to noise and amenity.

9.         Signage

A sign with an area of 0.5 m² to be located at the front gate of the subject property and clearly displayed and contain the following information:

(a)       the name and telephone number (including an after hours telephone number) of the owner or property manager using a minimum 40mm high font,

(b)       wording to the effect that the dwelling house is as farm stay accommodation.

10.      Bushfire evacuation plan

A bush fire evacuation plan must be prepared and a copy provided to Council. 

11.      Flood evacuation plan

A flood evacuation plan must be prepared and a copy provided to Council.

12.      Dwelling in Shed

The dwelling in the shed not be occupied as a dwelling within 8 months and is to be rendered non habitable with removal of the WC unless a separate approval is obtained from Council for its use as a form of residential accommodation (eg dual occupancy).

13.      Compliance with Holiday and Short-term Rental Code of Conduct

The use of the dwelling for short term farm stay accommodation must comply with the national Holiday and Short-term Rental Code of Conduct endorsed by NSW Legislative Assembly Committee on Environment and Planning.

14.      Farm stay accommodation secondary to farming

Farm stay accommodation is secondary to the primary purpose of farming the subject land and both must operate concurrently.  Should farming activities cease to operate on the land; the lawful use of the dwelling house for the purposes of farm stay accommodation will cease to operate.

15.      Temporary use – maximum number of days

The dwelling house may be used as farm stay accommodation for a maximum period of 90 days (whether or not consecutive) in any calendar year.

16.      Maximum number of occupants

The maximum number of occupants is ten (10) persons in total.

17.      Maintain registration for ongoing operation of the farm stay accommodation

A register of the farm stay accommodation including duration of all bookings, number of guests aged 5 years and over, pets and any incidents must be maintained and made available to view by Council upon request.

18.      Display of bushfire evacuation plan and flood evacuation plan

The bushfire evacuation plan and flood evacuation plan must be attached to the dwelling in a prominent location and referred to in the house rules.

19.      Vehicle Parking and Access

Car parking must be provided on site in accordance with Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access.

20.      Garbage and recycling

Garbage and recycling bins must be provided that are serviced and managed on a regular basis.

21.      Visitors other than permitted number of occupants

Visitors other than those overnight occupants permitted at the farm stay accommodation must not exceed 6 persons between 8am and 10pm and no visitors are permitted after 10pm.                                                                                                                (Hunter/Hackett)

Procedural Motion

18-166

Resolved that this matter rest on the table.                                                        (Coorey/Richardson)

The motion was put to the vote and declared carried.

Procedural Motion

18-167

Resolved that Report No. 13.20 be lifted from the table.                               (Richardson/Cameron)

The motion was put to the vote and declared carried.

Report No. 13.20         PLANNING - Development Application 10.2017.715.1 Farm Stay Accommodation 252 Middle Pocket Road Middle Pocket

File No:                        I2018/268

continued

Moved: That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no.10.2017.715.1 for Farm stay accommodation, be approved subject to the following conditions of consent:

AMENDED CONDITIONS OF CONSENT:

3.         Development is to be in accordance with approved plans

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

          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.

4.         Bushfire Safety Authority

          The development proposal (use of an existing dwelling for farm stay accommodation) is to occur within the existing dwelling that is described in the following referenced plans as a proposed dwelling.

·     The drawing prepared by NCD titled 'Proposed Residence for G.G. & C.V. Patterson at Lot 102 No. 252 Middle Pocket Road, Middle Pocket and dated 27 March 2012.

22.      Use of principal dwelling only for temporary farm stay accommodation

The approval for farm stay accommodation strictly applies to the principal dwelling house within the area outlined in the approved site plan.  At no time must any other structure be used for the purposes of farm stay accommodation or as tourist and visitor accommodation.

23.      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.

24.      On-site sewage management facility upgrade for existing dwelling- Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to upgrade on-site effluent disposal must be obtained from Council prior occupation of the dwelling house for farm stay accommodation. Such approval must be issued after the date of this consent.

The application for Section 68 approval must be accompanied by a report prepared by a suitably qualified professional with demonstrated experience in effluent disposal matters, which addresses the site specific design of sewage management in accordance with the requirements of the NSW Local Government Act, and Approvals Regulation and Guidelines approved by the Director General.

25.      On-site sewage management system must be completed

The on-site sewage management system is to be constructed in accordance with approved plans and in accordance with current specifications and standards. The system is not to be used and/or operated until a Council Officer has inspected the system and authorised its use.

26.      Approval to Operate required

In accordance with the Local Government Act, an Approval to Operate the onsite sewage management system must be obtained from Council. Forms may be downloaded from Council’s website with 'http://www.byron.nsw.gov.au/on-site-sewage'.

27.      Management Plan Complaints, house rules, contact details, and Management of Pets

A Management Plan for the Farm Stay Accommodation to prepared including details on the following

(d)       Complaints Handling Policy:

(e)       Updated House Rules farm dams and providing management measures for guest pets or a prohibition on guests bring pets to the property; and

(f)        Contact details of the land owner and/or appointed property manager.

Note. The contact person(s) must be contactable 24 hours 7 days a week and to be able to respond within 30 minutes to complaints regarding the action of tenants and in particular issues pertaining to noise and amenity.

28.      Signage

A sign with an area of 0.5 m² to be located at the front gate of the subject property and clearly displayed and contain the following information:

(c)       the name and telephone number (including an after hours telephone number) of the owner or property manager using a minimum 40mm high font,

(d)       wording to the effect that the dwelling house is as farm stay accommodation.

29.      Bushfire evacuation plan

A bush fire evacuation plan must be prepared and a copy provided to Council. 

30.      Flood evacuation plan

A flood evacuation plan must be prepared and a copy provided to Council.

31.      Dwelling in Shed

The dwelling in the shed not be occupied as a dwelling within 8 months and is to be rendered non habitable with removal of the WC unless a separate approval is obtained from Council for its use as a form of residential accommodation (eg dual occupancy).

32.      Compliance with Holiday and Short-term Rental Code of Conduct

The use of the dwelling for short term farm stay accommodation must comply with the national Holiday and Short-term Rental Code of Conduct endorsed by NSW Legislative Assembly Committee on Environment and Planning.

33.      Farm stay accommodation secondary to farming

Farm stay accommodation is secondary to the primary purpose of farming the subject land and both must operate concurrently.  Should farming activities cease to operate on the land; the lawful use of the dwelling house for the purposes of farm stay accommodation will cease to operate.

34.      Temporary use – maximum number of days

The dwelling house may be used as farm stay accommodation for a maximum period of 90 days (whether or not consecutive) in any calendar year.

35.      Maximum number of occupants

The maximum number of occupants is ten (10) persons in total.

36.      Maintain registration for ongoing operation of the farm stay accommodation

A register of the farm stay accommodation including duration of all bookings, number of guests aged 5 years and over, pets and any incidents must be maintained and made available to view by Council upon request.

37.      Display of bushfire evacuation plan and flood evacuation plan

The bushfire evacuation plan and flood evacuation plan must be attached to the dwelling in a prominent location and referred to in the house rules.

38.      Vehicle Parking and Access

Car parking must be provided on site in accordance with Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access.

39.      Garbage and recycling

Garbage and recycling bins must be provided that are serviced and managed on a regular basis.

40.      Visitors other than permitted number of occupants

Visitors other than those overnight occupants permitted at the farm stay accommodation must not exceed 6 persons between 8am and 10pm and no visitors are permitted after 10pm.

(Hunter/Hackett)

18-168

Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no.10.2017.715.1 for Farm stay accommodation, be approved subject to the conditions of consent listed in Attachment 2 (E2018/17602) with the following amendment included as condition 28:

There must be a permanent onsite resident manager to support the ongoing farm operation.

(Richardson/Cameron)

Procedural Motion

18-169

Resolved that Report No. 13.24 be lifted from the table.                               (Richardson/Cameron)

The motion was put to the vote and declared carried.

Report No. 13.24         Update - Barrio Eatery and Bar, 1 Porter Street, Byron Bay - Enforcement proceedings

File No:                        I2018/427

18-170

Resolved: that Council:

1.       Note the report.

2.       In respect of the Penalty Infringement Notice, accept the legal advice and take action accordingly.

3.       be provided a report on compliance with the prevention order and relevant conditions of consent within three months.                                                                         (Lyon/Richardson)

The motion was put to the vote and declared carried.

Mayoral Minute No. 8.1       Mercato

File No:                                  I2018/408

18-171

Resolved that Council amend condition 49 of DA 10.2013.587.1 to extend construction works to Saturday, from 7.00am – 6.00pm.                                                                                   (Richardson)

The motion was put to the vote and declared carried.

Crs Cameron, Hackett and Spooner voted against the motion.

Notice of Motion No. 9.2     Funding for the Implementation of Town Masterplan Projects

File No:                                  I2018/389

18-174

Resolved that Council:

1.       Acknowledge  the important work completed by those involved in the Byron Bay Masterplan and the subsequent work by the Byron Bay Town Centre Master Plan Leadership Group

2.       Acknowledge the importance of ensuring the recommendations and projects identified within the development of masterplans are enacted and implemented

3.       Acknowledge the importance of ensuring recurrent funding is identified and reserved to implement works and recommendations within these masterplans.

4.       Commencing at the beginning of the 2018-2019 Financial Year, ensure that at least 50% of paid parking revenue allocations to Byron Bay are reserved for implementing masterplan projects.                                                                                                      (Richardson/Ndiaye)

Procedural Motion

18-175

Resolved: that Cr Richardson be granted a one minute extension to his speech.

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Notice of Motion No. 9.3     Future of Local Government - 21st Century Community Governance

File No:                                  I2018/400

18-176

Resolved that Council:

1.    Endorse the Future of Local Government Declaration as attached and the following ‘key principles’ to assist Council to ‘play a valued and effective role in a new system of community-based governance’ to meet the needs and challenges of the community in the twenty first century. Councils need to:

·     Have the courage to embrace the future and take informed risks to bring about necessary change

·     Learn how to be community led, making space for communities to take action themselves, and responding positively to local initiatives

·     Deepen their understanding of communities, listening to all their people and engaging with them in new and different ways that reflect community diversity (‘Dadirri’ deep listening, understanding and communication)

·     Empower citizens through participatory and deliberative democracy, including community boards, precinct committees, cooperatives, citizens juries and others

·     Embrace new ways of working to ensure that local needs are met through joined-up planning and services

·     Forge more local and regional partnerships that address issues and drive change at community, state and federal levels

·     Promote local networks, co-production of goods and services, and moves to ‘reclaim the Commons’.

2.    Embed the key principles and ideas in the Declaration into the development and delivery of community engagement and services.

3.    Note the adoption of the Declaration and endorsement of the key principles by the Executive Team as an administrative tool to support operations.                             (Cameron/Richardson)

The motion was put to the vote and declared carried.

Notice of Motion No. 9.4     Public Access - Budget Estimates

File No:                                  I2018/402

18-177

Resolved:

1.       That the Finance Advisory Committee (FAC) conduct a Public Access (Budget Estimates) meeting during the exhibition of the 2018/19 draft budget to allow for questions from members of the public on the draft budget to be addressed by the General Manager and Directors.

2.       That the objectives of the Public Access (Budget Estimates) meeting are:

a)    Promote understanding of the structure and content of Council finances and budget process

b)    Provide opportunity for residents to seek and receive detailed responses to questions on items in the draft budget.

c)    Provide opportunity for staff and Councillors to engage with residents in an informative and open manner.

d)    Encourage submissions on the draft budget during the exhibition period.

3.      That Council adopt the timing and procedure of the meeting in the ‘Proposal’ in the attached Councillor notes as the model for a Public Access (Budget Estimates) meeting.

4.      That a media release, website notice and social media engagement announce the concept of the Public Access (Budget Estimates) and similar measures are utilised with details of the arrangements for the key dates during the budget prior to the meeting at which Council adopts the draft budget for exhibition in the ’Proposal’ as set out in the attached Councillor notes.                                                                                                      (Cameron/Richardson)

The motion was put to the vote and declared carried.

Crs Spooner and Hunter voted against the motion.

Notice of Motion No. 9.5     Water Sensitive Urban Design

File No:                                  I2018/403

18-178

Resolved:

1.       That Council develop a financially sustainable strategy to embed and mainstream Water Sensitive Urban Design (WSUD) into Council's planning instruments and policies.

2.       That formulation of the Strategy consider fundamental changes in various development area ratios to retain pervious areas instead of increasing catchment runoff. 

3.       That the changes made under this strategy on WSUD aim to:

·        reduce flood risk in urban areas

·        improve water quality in streams, waterbodies and groundwater

·        consume less of our water resources

·        reduce the cost of providing and maintaining water and sewer infrastructure

·        protect and restore aquatic and riparian ecosystems and habitats; and

·        protect the scenic, landscape and recreational values of streams and other waterbodies.

4.       That the WSUD Strategy generates changes that:

·        promote and encourage WSUD in urban areas

·        provide guidance and support for businesses and residents to implement WSUD

·        give incentives for the implementation of WSUD in new and existing development

5.       That progress on the WSUD Strategy be reported to each Water, Waste and Sewerage Advisory Committee and the Coastal Estuary Catchment Panel quarterly meeting, starting with their next meetings in June 2018.

6.       That Council allocate $25,000 in its 2018-19 budget for the development of a strategy.

(Coorey/Richardson)

The motion was put to the vote and declared carried.

Cr Hunter voted against the motion.

Report No. 13.1           Byron Bay Town Centre Masterplan Leadership Team 2018

File No:                        I2018/6

18-179

Resolved:

1.    That Council adopt the Draft Charter for the Byron Master Plan Guidance Group.

2.    That all BBTCMP Leadership Team members be thanked for their input over the past 12 months and invited to remain on the Byron Master Plan Guidance Group for its next term.

3.    That additional members be appointed as per the group charter to replace any vacating members.

4.    That the Mayor and Crs Cameron, Spooner and Hackett are nominated as members of the Guidance Group in addition to community members.                                 (Ndiaye/Richardson)

The motion was put to the vote and declared carried.

Report No. 13.4           Draft Policy: Community Initiatives Policy (Section 356) following period of public exhibition

File No:                        I2018/98

18-180

Resolved:

1.    That Council adopt the Policy Community Initiatives Program (Section 356) which incorporates feedback from submissions following the public exhibition period.

2.    That Council commence the call for applications under the new Community Initiatives Program (Section 356) Policy as soon as practicable.

3.    That clause 4.2 Application for Reimbursement of Council Fees be changed to allow for consideration to waive Council fees prior to lodgement.                           (Richardson/Spooner)

The motion was put to the vote and declared carried.

Procedural Motion

18-181

Resolved that the meeting be extended past 6.00pm to conclude at 6.30pm. (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Report No. 13.6           A new strategic approach to Public Art - revised Public Art Policy and new Draft Public Art Strategy

File No:                        I2018/240

18-182

Resolved that Council:

1.       Note the new strategic direction for Public Art in Byron Shire

2.       Endorse the draft Public Art Strategy and revised Public Art Policy and place them on public exhibition for 28 days, with any submissions to be reported back to Council through the Public Art Panel.                                                                                         (Ndiaye/Richardson)

The motion was put to the vote and declared carried.

Report No. 13.7           Joint Organisation of Councils

File No:                        I2018/267

18-183

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

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

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

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

a)      Richmond Valley

b)      Lismore City

c)      Ballina Shire

d        Kyogle

e)      Tweed Shire

4.       Authorises the General Manager to provide the Minister with a copy of this resolution including the date on which Council made this resolution before 23 March 2018.

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

6.       Write a letter of support for the inclusion of Rous County Council as an associate member (non-voting representative) of the Northern Rivers Joint Organisation be sent to the Northern Rivers Joint Organisation on formation.                                                 (Cameron/Richardson)

The motion was put to the vote and declared carried.

Report No. 13.9           Stronger Country Communities Fund Round 2

File No:                        I2018/369

18-184

Resolved that Council:

1.    Endorse the strategic approach to maximise the opportunity for Council and community projects;

2.    Nominate the Broken Head Road Cycleway project from the Byron Bay Town Centre Masterplan to progress for the Stronger Country Communities Fund Round 2 as the Council nominated project;

3.    Allocate $15,000 from the Grants Management Reserve to fund required communications and engagement program to support community ed and delivered projects.                                                                                                                     (Spooner/Richardson)

The motion was put to the vote and declared carried.

Report No. 13.11         National General Assembly of Local Government 2018

File No:                        I2018/384

18-185

Resolved that Council:

1.       Authorise Crs Ndiaye and Lyon to attend the 2017 National General Assembly of Local Government to be held at the National Convention Centre in Canberra from 17 to 20 June 2018 and nominate Cr Lyon as the voting delegate.

2.       Consider endorsement of any motions for submission to the National General Assembly, to be lodged with ALGA no later than Friday 30 March 2018.                       (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Report No. 13.12         Councillor Nomination to Cape Byron Marine Park Advisory Committee

File No:                        I2018/407

18-186

Resolved that Council nominate Cr Cameron as Member and Cr Coorey as the Alternate Member to the Cape Byron Marine Park Advisory Committee.                     (Richardson/Cameron)

The motion was put to the vote and declared carried.

Report No. 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

File No:                        I2018/90

18-187

Resolved:

1.    That this report be deferred to enable staff to consider the implications of the decision in DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 173.

2.    That it be reported to the 19 April 2018 Ordinary Meeting.                                 (Lyon/Cameron)

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in favour of the motion.

No Councillors voted against the motion.

Report No. 13.15         PLANNING - Update on Environmental Zone review and Planning Proposal implementation process

File No:                        I2018/99

18-188

Resolved that Council:

1.       Note that land currently zoned under LEP 2014 (i.e. not Deferred Matter land) where the landowner received an E Zone notification letter but did not request an E Zone designation, will be excluded from further consideration under the E Zone review process.

2.       Prepare Planning Proposal #1: (PP1) reflecting early agreements reached between landowners and Council staff on how environmental zones are to be applied and submit to the Department of Planning & Environment for Gateway determination.

3.      Prepare Planning Proposal #2: (PP2) for:

(i)    Deferred Matter areas that do not meet the criteria for an environmental zoning and will have a suitable rural zone applied (excluding LEP 1988 7(d) zoned land); or

(ii)   Deferred Matter areas that currently have a residential, rural residential, commercial or industrial zoning in  LEP 1988 that will transition to an equivalent LEP 2014 zone; or

(iii)   reflecting further agreements reached between landowner and Council staff on how environmental zones are to be applied; 

and submit to the Department of Planning & Environment for Gateway determination.

4.       Endorse the introduction of a new LEP 2014 zone, RU6 Transition, to be applied to land currently zoned 7(d) Scenic Escarpment  LEP 1988 that does not meet the criteria for an environmental zoning.

5.       Subject to Council’s endorsement of the proposed RU6 Transition Zone, prepare and undertake an informal exhibition of the related RU6 provisions for feedback from affected land owners who have not already agreed to this zone, and report the outcomes back to Council.

6.       Receive a report on draft Planning Proposal #3: (PP3) for:

(i)      Parcels where there is no agreement reached between the landowner and Council staff on proposed environmental zone/s;  or

(ii)      Deferred Matter areas that meet the criteria for an environmental zoning (in part or all) and where there has been no response from the landowner; or

(iii)     remaining LEP 1988 7(d) zoned land to be zoned RU6 Transition (subject to Council endorsement).

as soon as practical after Council’s adoption of Planning Proposal #2.

7.      Note that a further report on the use of mapped overlays as mechanism to protect environmental values will be provided to Council upon finalisation of the E zone Planning Proposals identified in Table 2.

8.       Consider the allocation of $50,000 as part of the forward budget process 2018/19 (alongside other Council program and budget priorities) to support a staged planning proposal program supported by robust community engagement to better inform the final E Zone Planning Proposal/s.                                                                                                            (Coorey/Lyon)

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in favour of the motion.

No Councillors voted against the motion.

Report No. 13.17         Byron Shire Bush Fire Prone Land Mapping

File No:                        I2018/202

18-189

Resolved:

1.    That Council acknowledge that there is a new vegetation category (category 3) grassland in the Guide for Bushfire Prone Land Mapping.

2.    That due to concerns with the one size fits all approach to the mapping of category 3 grassland, Council defers the submission of the new Bushfire Prone Map (Attachment 1 - E2018/16059) to the NSW Rural Fire Service for certification, until such time as a further meeting with Rural Fire Service is held to discuss the issues identified in the report, and a scientific justification provided for the mapping methodology that has been applied to Byron Shire.

3.    That as a result of 2, Council seek ground truthing of the category 3 grassland sites in Byron Shire by the Rural Fire Service to ensure an evidence based Bushfire Prone Map is produced.

4.    That Council receive a further report once 2 and 3 have occurred.            (Ndiaye/Richardson)

The motion was put to the vote and declared carried.

Report No. 13.19         PLANNING - Development Application 10.2017.450.1 Dual Occupancy (Detached) and Strata Subdivision at 40 Charlotte Street Bangalow

File No:                        I2018/259

18-190

Resolved:

1.    That this report be deferred to enable staff to consider the implications of the decision in DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 173.

2.    That it be reported to the 19 April 2018 Ordinary Meeting.                                 (Lyon/Cameron)

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in favour of the motion.

No Councillors voted against the motion.

Report No. 13.21         PLANNING - Development Application 10.2017.600.1 - Strata Subdivision to create two (2) Strata Lots at 10 Rangal Road, Ocean Shores

File No:                        I2018/272

18-191

Resolved:

1.    That this report be deferred to enable staff to consider the implications of the decision in DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 173.

2.    That it be reported to the 19 April 2018 Ordinary Meeting.                                 (Lyon/Cameron)

The motion was put to the vote and declared carried.

Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in favour of the motion.

No Councillors voted against the motion.

Report No. 13.23         Expressions of Interest for the Multi Use of Byron Shire Rail Corridor

File No:                        I2018/381

Moved: That the report be noted and no further action be taken.                          (Spooner/Hackett)

18-192

Resolved:

1.       That Council endorse the Expression of Interest for the Multi Use of Byron Shire Rail Corridor (Bangalow to Yelgun) documents (E2018/17051 & E2018/17429) to be used to advertise for Expressions of Interest to complete the study.

2.       That staff present the Expressions of Interest assessment panel’s report to Council’s 24 May 2018 ordinary meeting to seek Council’s endorsement of proponents to proceed to a selective Request for Tender.                                                                (Richardson/Cameron)

Report No. 13.29         Water and Sewer Equivalent Tenements Policy

File No:                        I2018/355

18-193

Resolved:

1.       That Council adopt the Equivalent Tenement Policy as exhibited (E2017/106070).

2.       That Council notify the adoption of the Equivalent Tenement Policy in the local           newspaper.

3.       That the Equivalent Tenement Policy commence operation from 22 March 2018.

4.       That the report referenced in point 4 of 17-489 be provided to Council before the winter recess.                                                                                                        (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Question With Notice No. 15.1     Agglomerated Data on Dwelling Supply in Byron Shire

File No:                                           I2018/406

Cr Coorey asks the following question:

In view of the upcoming Residential Strategy and to assist in considering future planning decisions, can councillors and the community be advised of changes in residential approvals over the last two terms of Council (and since the operation of the Byron LEP 2014).

Can staff please provide figures for the number of new dwellings, rural tourist accommodation rooms and new lots approved as complying development, council approved development and JRPP approved development in the 2012, 2013, 2014, 2015, 2016 and 2017 calendar years.  Can these figures be divided into:

In rural areas all approvals, including:

·    primary dwellings

·    dual occupancies

·    secondary dwellings

·    workers dwellings

·    studios

·    Rural tourist cabins, farmstay accommodation or eco tourism accommodation (total bedrooms)

In urban areas all approvals including:

·    detached dwellings

·    secondary dwellings

·    dual occupancies approved as strata title or freehold developments

·    multi dwelling housing approved as strata title or freehold developments

·    studios

·    Shop top housing dwellings

and

·    Ancillary caretaker dwellings/Ancillary managers and staff dwellings.

·    Ancillary dwellings in industrial and business zones

·    New lots under 800m2 with dwelling entitlements

·    New lots under 1000m2 with dwelling entitlements

·    New lots over 10002 with dwelling entitlements

NB please count total dwellings, total rooms and total lots, not total approvals as often multiple dwellings are included in a single approval such as multi dwelling housing, dual occupancies or a new house and secondary dwelling.

Rural includes RU1, RU2, RU5, R5 and environmental zones. 

Urban includes all Residential, Business and Industrial Zones.

Response Director Sustainable Environment and Economy:

The question has been taken on notice. A response will be provided in the agenda of Council’s next Ordinary Meeting, to be held on 19 April 2018.

Question With Notice No. 15.2     Byron Bay Bypass

File No:                                           I2018/475

At Council’s Ordinary Meeting held on 22 February 2018, Mr Paul Jones asked the following question which was taken on notice:

“The Land and Environment Court issued its approval for the bypass road within the wetlands portion of the proposed route subject to a significant list of consent conditions. Council must comply with these court orders and not as it suggests “considerations and resolutions of Council in association with the RMS”. The court orders are clear, the project is as approved, the question remains, does the published latest bypass cost estimate 14 December 2017 of $22.5M cover all consent conditions of the development approval and what has been done to date to fulfil the specific consent conditions in relation to the wet lands?”

Response Acting Director Infrastructure Services Phil Warner:

The project estimate at December 2017 of $22.5M covers all requirements of the consent conditions for the approved project.

Work on the Byron Bay Bypass has progressed to the first stage of relocating services. There are no services in the wetland that require relocation.

Procedural Motion

18-194

Resolved that the meeting be extended past 6.30pm to complete the Agenda and urgency motions.                                                                                                               (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Report No. 16.1           Confidential - Development Application 10.2017.474.1 multi-dwelling housing consisting of twenty five (25) 1 bedrooms 70-90 Station Street Mullumbimby

File No:                        I2018/352

18-195

Resolved:

1.       That pursuant to Section 10A(2)(d)i of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Development Application 10.2017.474.1 multidwelling housing consisting of twenty five (25) 1 bedrooms 70-90 Station Street Mullumbimby.

2.       That the reasons for closing the meeting to the public to consider this item be that the report contains:

a)      commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

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

The report and its attachment commercial information of a confidential nature that would, if disclosed:
(i)  prejudice the commercial position of the person who supplied it              (Spooner/Ndiaye)

The motion was put to the vote and declared carried.

18-196

Resolved that Council proceed to finalise the existing contract of sale (ie not accept the NCCH proposal).                                                                                                              (Spooner/Cameron)

The motion was put to the vote and declared carried.

Procedural Motion

18-197

Resolved that the business of providing support for community youth representatives to attend the public hearing into recent police actions in Byron Bay, which is to be held in Sydney, be discussed as a matter of urgency. The urgency being that the hearing is being held prior to the next Ordinary Meeting.                                                                                                              (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Urgency No. 1             Matter of Urgency - Public Hearing into Byron Bay Police Actions

18-198

Resolved:

1. That Council provides $1000 from the Mayoral discretionary fund to the gofundme campaign, “Get Byron Reps to Police Hearing” in order to support community youth representatives to attend the Public Hearing into recent police action in Byron Bay, to be held in Sydney.

2. That Council writes to Louisa Dear, Manager, Community Engagement, the Law Enforcement Conduct Commission, Local member TamaraSmith, and the NSW Police Minister, declaring its strong disappointment that this public hearing was not held in Byron Bay and forward its contention that not holding it in Byron Bay is highly inappropriate.

3. That Council requests The Commission to hold an information session in the Byron Bay area if the report is released publicly.

4. That Council request attendees present a report to Council on the public hearing.

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Cr Spooner voted against the motion.

Procedural Motion

18-199

Resolved that the matter of Bluesfest attendance be discussed as a matter of urgency. The urgency being that the event takes place prior to the next Ordinary Meeting.        (Spooner/Hunter)

The motion was put to the vote and declared carried.

Cr Lyon and Cameron voted against the motion

Urgency No. 2             Matter of Urgency - Bluesfest 2018

18-200

Resolved that the Mayor and any Councillors interested in attending the invitation to the 2018 Bluesfest VIP event be endorsed to attend as a delegate of Council.                     (Spooner/Hunter)

The motion was put to the vote and declared carried.

Cr Cameron voted against the motion.