Minutes
Ordinary Meeting
Thursday, 22 March 2018
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes
22 March 2018
The following items are listed in the order in which they were dealt with.
Report No. 11.1 Byron Shire Council Submissions and Grants as at 28 February 2018
Report No. 13.2 Report of the Communications Panel Meeting held on 14 September 2017
Report No. 13.3 Report of the Communications Panel Meeting held on 13 February 2018
Report No. 13.8 Council Investments February 2018
Report No. 13.10 Audit of tree removals in Railway Park Byron Bay
Report No. 13.13 Report of the Planning Review Committee Meeting held on 22 February 2018
Report No. 13.16 Easy to do Business Program
Report No. 13.25 Loan Funding - Eureka Bridge Embankment Repairs and Replacement of Five Bridges
Report No. 13.27 Interim Parking Permits - fees and charges
Report No. 13.28 Tyagarah Airfield Plan Management
Report No. 13.30 Review of Council's Smoke Free Outdoor Areas Policy
Report No. 13.31 Ewingsdale Road and Sunrise Boulevard Roundabout
Report No. 14.1 Report of the Audit, Risk and Improvement Committee Meeting held on 30 November 2017
Report No. 14.2 Report of the Audit, Risk and Improvement Committee Meeting held on 15 February 2018
Report No. 14.4 Report of the Local Traffic Committee Meeting held on 12 February 2018
Report No. 16.2 CONFIDENTIAL - Tender 2017-0053 Replace 5 Bridges Evaluation Recommendation
Report No. 16.3 CONFIDENTIAL - Tender 2017-0011 Suffolk Park Community Hall Upgrade
Report No. 16.5 CONFIDENTIAL - Tender 2017-0064 Blindmouth Creek Crossing Tender Evaluation
Report No. 16.7 CONFIDENTIAL - Aquisition of land for 5 Bridges Replacement Program
Report No. 16.8 CONFIDENTIAL - Tender 2017-0066 Landslip Remediation
Notice of Motion No. 9.1 Independent review of Byron Shire Council’s organisation and governance
Notice of Motion No. 9.7 Poker Machines in the Byron Shire
Report No. 13.5 Proposed Amendments to Council's Code of Meeting Practice
Mayoral Minute No. 8.1 Mercato
Notice of Motion No. 9.2 Funding for the Implementation of Town Masterplan Projects
Notice of Motion No. 9.3 Future of Local Government - 21st Century Community Governance
Notice of Motion No. 9.4 Public Access - Budget Estimates
Notice of Motion No. 9.5 Water Sensitive Urban Design
Report No. 13.1 Byron Bay Town Centre Masterplan Leadership Team 2018
Report No. 13.7 Joint Organisation of Councils
Report No. 13.9 Stronger Country Communities Fund Round 2
Report No. 13.11 National General Assembly of Local Government 2018
Report No. 13.12 Councillor Nomination to Cape Byron Marine Park Advisory Committee
Report No. 13.17 Byron Shire Bush Fire Prone Land Mapping
Report No. 13.23 Expressions of Interest for the Multi Use of Byron Shire Rail Corridor
Report No. 13.29 Water and Sewer Equivalent Tenements Policy
Question With Notice No. 15.1 Agglomerated Data on Dwelling Supply in Byron Shire.
Question With Notice No. 15.2 Byron Bay Bypass
No. 17.1 Matter of Urgency - Public Hearing into Byron Bay Police Actions
No. 17.2 Matter of Urgency - Bluesfest 2018
BYRON SHIRE COUNCIL
Ordinary Meeting Minutes 22 March 2018
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary Meeting HELD ON Thursday, 22 March 2018 COMMENCING AT 9.04AM AND CONCLUDING AT 6.55PM
I2018/479
PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter (arrived at 11.46am), Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark Arnold (Acting General Manager)
James Brickley (Acting Director Corporate and Community Services)
Phil Warner (Acting Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Counsel)
Chris Larkin (Manager Sustainable Development – item 13.24)
Chris Soulsby (Development Planning Officer s94 and s64 – item 9.2)
Jodi Frawley (Grants Coordinator – item 13.9)
David Royston Jennings/Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
9.1 Independent Review of Byron Shire Council’s Organisation and Governance
John Anderson addressed Council against the recommendation.
9.6 Protection and Public Access – Scarabelottis Lookout and Keyes Bridge Reserve
Luella Copeland-Smith addressed Council in favour of the recommendation.
9.7 Poker Machines in Byron Shire
Alex Andrews addressed Council in favour of the recommendation.
13.5 Proposed Amendments to Council’s Code of Meeting Practice
John Anderson addressed Council against the recommendation.
13.20 PLANNING - Development Application 10.2017.715.1 Farm Stay Accommodation 252 Middle Pocket Road Middle Pocket
Iain Reynolds, representing local residents, and David Wallace, representing Victims of Holiday Letting, addressed Council against the recommendation.
13.24 Update - Barrio Eatery and Bar, 1 Porter Street, Byron Bay - Enforcement proceedings
Brandon Saul and Tristan Grier, representing Barrio Eatery and Bar, addressed Council in favour of the recommendation.
Gael Nash, representing Bayshore Apartments Owners and Residents, and David Dixon addressed Council against the recommendation.
13.26 Tyagarah Clothes Optional Declaration
Debra Conomy addressed Council in favour of the recommendation.
Submission No. 1 Tree House at 77 Massinger Street, Byron Bay
Mel Coppin made a submission to Council regarding Tree House at 77 Massinger Street, Byron Bay
Submission No. 2 Middle Pocket Road Petition
Simon Dods made a submission to Council regarding Middle Pocket Road Petition
Submission No. 3 Delegated Authority
John Anderson made a submission to Council regarding delegated authority.
Question No. 1 West Byron Sewerage Treatment Plant
Patricia Warren asked the following question:
What are the volumes and telemetry generated pump hours for reuse been supplied to Byron Bay Golf Club from West Byron Sewerage Treatment Plant per annum over the last 3 years?
Question No. 2 Brunswick Valley Sewerage Treatment Plant
Sonia Laverty asked the following question:
What are the daily inflows and rainfall at Brunswick Valley Sewerage Treatment Plant 30th January to date at EPA Monitoring Point 5?
Question No. 3 Brunswick Heads STP
Matthew O’Reilly asked the following question:
The Brunswick Heads STP ponds have been filled in and capped with some sort of gravel/sand material but no vegetation planting has occurred but what is alarming is the southern end which slopes to the Byron Marine Park and Simpsons Creek has eroded and the geotextile material used to cover the contaminated fill is already exposed. No community consultation took place regarding the use of contaminated fill and the creek banks have all been fenced off (where the community once walked). The contaminated material appears to already be exposed despite having hardly any rain and this does not appear to be best practice considering the potential to contaminate Cape Byron Marine Park. Can Council please provide details on what its final plans for the Brunswick STP site are and why no consultation has taken place with the Brunswick Heads community regarding the recent remediation program and the use of contaminated fill and what contingencies are in place for the exposure of contaminated material caused by erosion of the capping material?
Question No. 4 Coronial Inquest Barrister
John Anderson asked the following question:
Whose decision was it to engage a barrister Mr Guihot from Sir Owen Dixon chambers in Sydney for the coronial inquest into the death of a swimmer at Island Quarry, held last December, when during the procedures Mr Guihot had nothing to say except that Council wasn’t involved, which any junior local lawyer could have said, and what was the total cost to Council for said lawyer and his assistance, including airfares and 4 days accommodation?
The meeting adjourned at 10.36am and reconvened at 10.55am.
There were no apologies.
There was a request for a leave of absence for Cr Hunter until 12.00pm on 22 March 2018.
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Procedural Motion |
Resolved that Cr Hunter be granted a leave of absence until 12.00pm on 22 March 2018. The motion was put to the vote and declared carried. |
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Lyon declared a non-significant, non-pecuniary interest in Report 16.5. The nature of the interest being that he lives nearby and can be inconvenienced by the potential decision. Cr Lyon elected to remain in the Chamber and will participate in discussion and the vote.
Cr Ndiaye declared a not significant non-pecuniary interest in Report 14.4. The nature of the interest being she works on site at Bluesfest managing photographers. The traffic report has no impact on her pay or role. Cr Ndiaye elected to remain in the Chamber and will not participate in the debate and will not vote.
Cr Cameron declared a special disclosure of non-pecuniary interest under s451 of the Local Government (General) Regulations 2005 in Report 13.15. The nature of the interest being that his property will be affected.
Tabling of Pecuniary Interest Returns
A Pecuniary Interest Return was tabled for Daniel Harper.
Adoption of Minutes from Previous Meetings
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. |
Reservation of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
General Manager
Report No. 13.1 Byron Bay Town Centre Masterplan Leadership Team 2018
Corporate and Community Services
Report No. 13.4 Draft Policy: Community Initiatives Policy (Section 356) following period of public exhibition
Report No. 13.5 Proposed Amendments to Council's Code of Meeting Practice
Report No. 13.6 A new strategic approach to Public Art - revised Public Art Policy and new Draft Public Art Strategy
Report No. 13.7 Joint Organisation of Councils
Report No. 13.9 Stronger Country Communities Fund Round 2
Report No. 13.11 National General Assembly of Local Government 2018
Report No. 13.12 Councillor Nomination to Cape Byron Marine Park Advisory Committee
Sustainable Environment and Economy
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
Report No. 13.15 PLANNING - Update on Environmental Zone review and Planning Proposal implementation process
Report No. 13.17 Byron Shire Bush Fire Prone Land Mapping
Report No. 13.19 PLANNING - Development Application 10.2017.450.1 Dual Occupancy (Detached) and Strata Subdivision at 40 Charlotte Street Bangalow
Report No. 13.20 PLANNING - Development Application 10.2017.715.1 Farm Stay Accommodation 252 Middle Pocket Road Middle Pocket
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
Report No. 13.23 Expressions of Interest for the Multi Use of Byron Shire Rail Corridor
Report No. 13.24 Update - Barrio Eatery and Bar, 1 Porter Street, Byron Bay - Enforcement proceedings
Infrastructure Services
Report No. 13.26 Tyagarah Clothes Optional Declaration - results of the enhanced stakeholder safety initiatives of Res 17-499 and Res 17-715
Report No. 13.29 Water and Sewer Equivalent Tenements Policy
Corporate and Community Services
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
The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Cameron. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 18-122 and concluding with Resolution No. 18-157. Cr Hunter was not present for the vote.
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Report No. 11.1 Byron Shire Council Submissions and Grants as at 28 February 2018 File No: I2018/338
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Resolved that Council note the report and Attachment (E2018/15209). (Richardson/Cameron) |
Staff Reports – GENERAL MANAGER
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
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Report No. 13.13 Report of the Planning Review Committee Meeting held on 22 February 2018 File No: I2018/24
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Staff Reports - Infrastructure Services
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Report No. 13.28 Tyagarah Airfield Plan Management File No: I2018/279
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Resolved that Council note this report. (Richardson/Cameron) |
COMMITTEE Reports - Corporate and Community Services
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Report No. 14.1 Report of the Audit, Risk and Improvement Committee Meeting held on 30 November 2017 File No: I2018/269
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Resolved that Council note the minutes of the Audit, Risk and Improvement Committee Meeting held on 30 November 2017. (Richardson/Cameron) |
COMMITTEE Reports - INFRASTRUCTURE Services
confidential Reports - Infrastructure Services
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Procedural Motion
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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. |
Notices of Motion
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Notice of Motion No. 9.1 Independent review of Byron Shire Council’s organisation and governance File No: I2018/217
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Procedural Motion
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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. |
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Procedural Motion
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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. |
Cr Hunter arrived at 11.46am.
Staff Reports - Corporate and Community Services
Staff Reports - Sustainable Environment and Economy
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Procedural Motion
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Resolved that this matter rest on the table. (Ndiaye/Richardson) The motion was put to the vote and declared carried. |
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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
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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. |
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Report No. 13.20 PLANNING - Development Application 10.2017.715.1 Farm Stay Accommodation 252 Middle Pocket Road Middle Pocket File No: I2018/268
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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: Parameters of the 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.
The following conditions are to be complied with prior to issue of an occupation certificate and operation of the farm stay 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).
The following conditions are to be complied with at all times
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) |
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Procedural Motion
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Resolved that this matter rest on the table. (Coorey/Richardson) The motion was put to the vote and declared carried. |
The meeting adjourned at 12.38pm for lunch and reconvened at 1.42pm.
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Procedural Motion
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Resolved that Report No. 13.20 be lifted from the table. (Richardson/Cameron) The motion was put to the vote and declared carried. |
AMENDMENT
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. |
The amendment was put to the vote and declared carried.
Crs Martin, Lyon, Ndiaye, Richardson, Cameron and Hackett voted in favour of the amendment.
Crs Coorey, Spooner and Hunter voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Crs Martin, Lyon, Ndiaye, Richardson, Cameron and Hackett voted in favour of the motion.
Crs Coorey, Spooner and Hunter voted against the motion.
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Procedural Motion
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Resolved that Report No. 13.24 be lifted from the table. (Richardson/Cameron) The motion was put to the vote and declared carried. |
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Report No. 13.24 Update - Barrio Eatery and Bar, 1 Porter Street, Byron Bay - Enforcement proceedings File No: I2018/427
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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. |
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Mayoral Minute No. 8.1 Mercato File No: I2018/408
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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. |
The meeting adjourned at 2.46pm to open the Byron Shire Reserve Trust Committee Meeting and reconvened at 3.40pm. Resolution numbers 18-172 and 18-173 were used during the Committee Meeting.
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Notice of Motion No. 9.2 Funding for the Implementation of Town Masterplan Projects File No: I2018/389
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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) |
AMENDMENT
Moved:
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. Ensure that all of paid parking revenue allocations of the 2018-2019 Financial Year to Byron Bay are reserved for implementing Byron Bay Town Centre Masterplan projects.
(Spooner/Lyon)
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Procedural Motion
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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. |
The amendment was put to the vote and declared lost.
Crs Coorey, Martin, Ndiaye, Richardson and Cameron voted against the amendment.
The motion (Richardson/Ndiaye) was put to the vote and declared carried.
Crs Cameron, Hackett, Spooner and Hunter voted against the motion.
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Notice of Motion No. 9.3 Future of Local Government - 21st Century Community Governance File No: I2018/400
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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. |
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Notice of Motion No. 9.4 Public Access - Budget Estimates File No: I2018/402
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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. |
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Notice of Motion No. 9.5 Water Sensitive Urban Design File No: I2018/403
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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. The motion was put to the vote and declared carried. Cr Hunter voted against the motion.
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Staff Reports - General Manager
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Report No. 13.1 Byron Bay Town Centre Masterplan Leadership Team 2018 File No: I2018/6
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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. |
1. Middle Pocket Road
The Mayor tabled a petition containing 148 signatures which states:
We, the residents of Middle Pocket Road, wish to bring to your attention again:
The appalling negligence and duty of care of Middle Pocket Road. This has been tolerated for over 45 years or so. We are calling on something to be done about the Road damage, inadequate drainage and potholes upon potholes on Middle Pocket road. The neglect has brought about a vast increase in car maintenance due to abnormal wear and tear on our vehicles. The council have admitted Middle Pocket Road is in need of a new road but constantly waist money adding to the bumps with an inefficient pot hole top up occasionally. This washes away immediately the rain comes because the drains are higher than the road on most occasions and is not being addressed seriously and adequately. The council tick the “Done Box” and we are still left with the damage a week later. The reasons stated from the council is because there are not enough funds so the false economy continues. This is not a good enough excuse, especially when there have been numerous accidents and some near fatal, due to having to avoid large pot holes for miles.
The abhorrent condition of this road is regularly compromised because of flood damage that has not been addressed adequately. We as residents of Middle Pocket Road are now all seriously compromised.
Our plea is to encourage you to fix this road and refund all mechanical bills that we have occurred such as: shock absorbers, suspension rebuild, breaks, tires, realignments and so on…not to mention damage due to falling branches and over hanging trees. The turnaround point at the end of Middle Pocket Road for the garbage truck, the school bus, semi trailers and other large vehicles is a nightmare.
We the rate payers are tired of miss spent, miss managed public money. Byron does not need more Palm Trees and we need to be safe and not be bombarded with an abnormal amount of mechanical fees.
We shall await your feedback, if the council cannot manage its finances to keep its residents safe, then you must appeal to for funding from state and Federal Government as this is a life and death situation.
1. Homelessness Meeting – 14 March 2018
Cr Spooner advised Council:
On the 14 March there was a meeting held in Byron Bay that was called around homelessness, that Council staff attended, police, business community organisations and I was there probably with two hats on. And it happened very quickly and it was because of concerns, and why I raise it today is because of the issues that were raised there. Just to bring attention to it. There were some figures released last week around nationally what’s going on, which were quite disturbing, you might have seen the media commentary. Digging into those figures for Byron Shire, what it actually shows is that one in one hundred people are now considered homeless in Byron Shire. That’s the numbers we’re up to. The raw number is around, I think it was 327, which is quite disturbing because that’s a 17% increase in the last five years. What was identified there, it’s no longer just an issue for charities or volunteer organisations or Council’s, but we need State Government and we need Federal Government support in our community. I’ll give you an example. City of Sydney has probably twice the number of rough sleepers that we have in the centre of Byron and yet the State Government’s pouring two to three million dollars a year into that. Probably because of what happened in Martin Place. We’re being left off the radar. So one of the main things that happened from that meeting is that formal discussions with the State Government, Department of Premier and Cabinet, have started and with the City of Sydney, to pursue useful strategies and available funding options because it is coming back to Council all the time in terms of what we’re doing about it. And we don’t have the resources I’d suggest to actually deal with it at this point, so I’ll just raise it as an issue, as there may be some things suggested coming down the track if we are able to secure some funding from State Government to support us.
Staff Reports - Corporate and Community Services
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Report No. 13.4 Draft Policy: Community Initiatives Policy (Section 356) following period of public exhibition File No: I2018/98
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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. |
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Procedural Motion
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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. |
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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
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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. |
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Report No. 13.7 Joint Organisation of Councils File No: I2018/267
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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. |
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Report No. 13.9 Stronger Country Communities Fund Round 2 File No: I2018/369
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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. |
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Report No. 13.11 National General Assembly of Local Government 2018 File No: I2018/384
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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. |
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Report No. 13.12 Councillor Nomination to Cape Byron Marine Park Advisory Committee File No: I2018/407
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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. |
Staff Reports - Sustainable Environment and Economy
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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
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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.
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Report No. 13.15 PLANNING - Update on Environmental Zone review and Planning Proposal implementation process File No: I2018/99
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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. |
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Report No. 13.17 Byron Shire Bush Fire Prone Land Mapping File No: I2018/202
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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. |
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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
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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. |
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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
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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. |
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Report No. 13.23 Expressions of Interest for the Multi Use of Byron Shire Rail Corridor File No: I2018/381
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Moved: That the report be noted and no further action be taken. (Spooner/Hackett) |
AMENDMENT
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) |
The amendment was put to the vote and declared carried.
Crs Hackett, Spooner and Hunter voted against the amendment.
The amendment upon becoming the substantive motion was put to the vote and declared carried.
Crs Hackett, Spooner and Hunter voted against the motion.
Staff Reports - Infrastructure Services
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Report No. 13.29 Water and Sewer Equivalent Tenements Policy File No: I2018/355
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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. |
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Question With Notice No. 15.1 Agglomerated Data on Dwelling Supply in Byron Shire File No: I2018/406
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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. |
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Question With Notice No. 15.2 Byron Bay Bypass File No: I2018/475
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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. |
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Procedural Motion |
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. |
Confidential Reports - Corporate and Community Services
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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
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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:
The motion was put to the vote and declared carried. |
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. |
urgency motions
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Procedural Motion |
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. |
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Urgency No. 1 Matter of Urgency - Public Hearing into Byron Bay Police Actions
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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. |
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Procedural Motion |
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 |
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Urgency No. 2 Matter of Urgency - Bluesfest 2018
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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. |
There being no further business the meeting concluded at 6.55pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 19 April 2018.
….…………………………
Mayor Simon Richardson