Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

Thursday, 19 April 2018

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

Public Access relating to items on this Agenda can be made between 9.00am and 10.30am on the day of the Meeting.  Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.

 

 

Mark Arnold

Acting General Manager

 


CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§  The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§  The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a)   the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b)   the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§  If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§  Just because the person is a member of, or is employed by, the Council.

§  Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§  A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§  The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a)   at any time during which the matter is being considered or discussed by the Council or Committee, or

(b)   at any time during which the Council or Committee is voting on any question in relation to  the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with.  Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§  It may be appropriate that no action be taken where the potential for conflict is minimal.  However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§  Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa).  Care needs to be taken when exercising this option.

§  Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§  Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1)   In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a)   including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b)   not including the making of an order under Division 2A of Part 6 of that Act.

(2)   The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3)   For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4)   Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5)   This section extends to a meeting that is closed to the public.

 


BYRON SHIRE COUNCIL

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

5.    Tabling of Pecuniary Interest Returns (s450A Local Government Act 1993)

6.    Adoption of Minutes from Previous Meetings

6.1       Byron Shire Reserve Trust Committee held on 22 March 2018

6.2       Ordinary Meeting held on 22 March 2018

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Byron Community Land Limited Foundation Membership............................................... 6

9.2       Lone Goat Gallery .......................................................................................................... 10

9.3       Massinger Street Treehouse........................................................................................... 14

9.4       Support for College of Marine Studies ........................................................................... 20

9.5       Public Endorsement of Byron Bay Skate Park Location................................................ 22

10.  Petitions

10.1     Middle Pocket Road........................................................................................................ 26

11.  Submissions and Grants

11.1     Byron Shire Council Submissions and Grants as at 28 March 2018.............................. 28

12.  Delegates' Reports  

13.  Staff Reports

Corporate and Community Services

13.1     Australia Day PRG Finalisation of the 2018 Group and Commencement of the 2019 Group      30

13.2     Public Art Panel - minutes of meeting 15 February 2018............................................... 34

13.3     Section 355 Management Committees - resignations and appointments...................... 36

13.4     A draft wellbeing indicator framework for Byron Shire................................................... 39

13.5     Investments March 2018................................................................................................. 43

13.6     Stronger Country Communities Fund Round 2.............................................................. 50

 

 

Sustainable Environment and Economy

13.7     PLANNING - Development Application 10.2017.712.1 for Strata Subdivision to create two lots, relocation of and alterations to an existing dwelling at 25 Strand Avenue New Brighton 52

13.8     Compliance – Belongil and Brunswick Dunes ............................................................... 73

13.9     PLANNING - Site Specific Planning Proposal considered as part the Rural Land
Use Strategy Process - 74 Charltons Road, Federal...................................................... 78

13.10   Draft CZMP for the Eastern Precincts of the BBE for Council endorsement for
public exhibition............................................................................................................... 83

13.11   PLANNING - Development Application 10.2017.681.1 alterations and additions to existing amenities building to create a clubhouse for Byron Bay Football Club at 35 Carlyle Street Byron Bay        86

13.12   PLANNING - Development Application 10.2017.429.1 Dual Occupancy (Detached) 31 Charlotte Street , Bangalow ......................................................................................................... 106

13.13   PLANNING - Report update of Council resolution 17-327 Tyagarah Airstrip - 26.2015.1.1         119

13.14   PLANNING - Development Application 10.2017.460.1 - Utility Installation: Telecommunication Tower at 54 Jones Road Wooyung  ........................................................................................ 127

13.15   PLANNING - DA. 10.2017.588.1 - Demolition of cottage; construction of four (4) storey mixed-use building comprising: ground floor commercial, two (2) levels of hotel and motel accommodation with basement parking,roof top swimming pool
with raised roof deck, covered amenties and open bar at 4 Marvell Street Byron Bay 140

13.16   PLANNING - Development Application No. 10.2017.686.1  - Stage 1: Alterations
& Additions to existing dwelling to create two (2) lots strata; Stage 2: two (2) dwellings to create multi-dwelling housing comprising  three (3) dwellings and
strata subdivision at 57 Carlyle Street Byron Bay......................................................... 163

13.17   Report of the Planning Review Committee Meeting held on 15 March, 2018............. 187

13.18   Directions Document and Draft Integrated Pest Management Policy......................... 189

13.19   PLANNING - Update on Council Resolution 18-041 - Planning a new era for the Byron Arts and Industry Estate............................................................................................................... 194

13.20   PLANNING - 26.2017.4.1 - Planning Proposal for Rezoning and Reclassifying
Part Lot 22 DP 1073165 Mullumbimby......................................................................... 200

13.21   PLANNING - DA 10.2017.526,1 Carport and Shed at 1 Lawson Street, Byron Bay... 205

13.22   PLANNING - Development Application 10.2018.10.1 - Use of existing garage
as a bedroom with ensuite and wet bar, construction of new parking space and driveway - 5 Milton Street, Byron Bay ......................................................................................................... 215

13.23   PLANNING - Update on Resolution 18-191 with reference to three DAs for Dual Occupancy and Strata Subdivision deferred at the Ordinary Meeting of 22 March 2018 ..................... 227

13.24   Update - Resolution 17-184 Brunswick Heads Holiday Parks and Resolution
17-523 Heritage and Environmental Assessment Reports - Coastal cypress Pines
at Terrace Reserve Brunswick Heads.......................................................................... 229

Infrastructure Services

13.25   Belongil Beach Parking Management Strategy............................................................ 239

13.26   All Abilities Access Report............................................................................................. 241

13.27   Minutes of Coastal Estuary Catchment Panel Meeting 15 March 2018...................... 253

13.28   Grant Opportunity - Byron Bay Football Club............................................................... 255   

14.  Reports of Committees

Sustainable Environment and Economy

14.1     Report of the Biodiversity Advisory Committee Meeting held on 12 March 2018....... 259

14.2     Report of the Sustainability and Emissions Reduction Advisory Committee
Meeting held on 29 March 2018.................................................................................... 263

Infrastructure Services

14.3     Report of the Local Traffic Committee Meeting held on 20 March 2018..................... 266

14.4     Report of the Water, Waste and Sewer Advisory Committee Meeting held on
1 March 2018................................................................................................................ 274

14.5     Report of the Transport and Infrastructure Advisory Committee Meeting held on
15 March 2018.............................................................................................................. 277

14.6     Report of the Byron Shire Floodplain Risk Management Committee Meeting held
on 14 March 2018......................................................................................................... 281   

No table of contents entries found.

15Questions With Notice

15.1     West Byron Sewerage Treatment Plant....................................................................... 283

15.2     Brunswick Valley Sewerage Treatment Plant.............................................................. 284

15.3     Brunswick Heads STP.................................................................................................. 285

15.4     Coronial Inquest Barrister.............................................................................................. 286

15.5     Agglomerated Data on Dwelling Supply in Byron Shire............................................... 287   

16.  Confidential Reports

Corporate and Community Services

16.1     Confidential - Byron Shire Aboriginal Cultural Heritage Study - Stage One........ 291

Infrastructure Services

16.2     Confidential - 2017-0042 - Bus Shelter Tender - Award....................................... 292  

 

 

 

 

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director prior to the meeting. Any suggested amendments to the recommendations should be provided to Councillor Support prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Byron Community Land Limited Foundation Membership

File No:                                  I2018/626

 

  

 

I move that Byron Shire Council accept the offer to become a Foundation Member of the newly established Byron Community Land Limited.

 

Attachments:

 

1        FOUNDATION MEMBERSHIP DEED - BYRON SHIRE COUNCIL, E2018/28492

2        2017.12.18 Constitution - company limited by guarantee - FINAL VERSION with ACN number, E2018/28491

3        2017.12.18 ASIC company search, E2018/28490

 

 

Signed:   Cr Paul Spooner


 

Councillor’s supporting information:

 

Byron Community Land (BCL) is a public company limited by guarantee that was registered with ASIC on 18 December 2017 following a number of meetings initiated out the Byron Shire Housing Summit held in early 2017.

 

The Principal Purpose for which the Company was established is to acquire land to provide charitable housing in perpetuity for people in need of charitable housing who live or work in the Byron Shire.

 

The activities the Company will undertake include:

 

·   acquiring and holding land in trusteeship to provide for permanent affordable housing by removing the land from the speculative market forever;

·   building homes and using lands in an environmentally sensitive and socially responsible manner by leasing to individuals for housing, production of food, development of enterprises, co-operatives or activities that support community life;

·   developing and exercising responsible and ecological practices that preserve, protect and promote the land’s natural characteristics;

·   preserving the opportunity for individual ownership but protecting the public interest by preventing monopolization, absentee control and speculative gain;

·   serving as a model in land stewardship and community development by providing information, resources and expertise;

·   undertaking such other incidental activities it considers will support the Principal Purpose.

 

Membership of BCL is open to any person who supports the purpose of the company.

 

Foundation membership status is being offered to Byron Shire Council as a special class of membership. This requires no joining fee or annual fees to be paid, as requried by other membership classes.

 

Foundation membership provides a special status to holding a veto power over any constitutional changes proposed for the company. This provides the company with stability of purpose and use of any assets acquired and managed through time to remain soley for the betterment of the principal purpose of providing affordable housing and stewardship of land for Byron Shire residents and workers.

 

In accepting this offer to become a Foundation Member there is no requirement for Byron Shire Council to be actively involved in the affairs and operation of the company. It provides no financial risk and only ensures that Council is able to provide an oversight and influence that will guarantee that affordable housing is delivered by the activities of the company.

 

Foundation membership status has also been offered to and accepted by the Byron Bay Community Association.

 

Staff comments by Ralph James Legal Counsel:

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

 

The Legal Services Team will require additional time to examine and obtain advice on the ‘Foundation Member Agreement’ which Council would need to execute it became a foundation member.

 

The following preliminary comments are provided:

 

·    Each member’s guarantee is only $10, so Council would not be exposed to onerous liabilities.

 

·    This company is set up to acquire land and rent it long term to people. It remains unknown as to how that will work in practice. However, for the moment, Council should proceed to consider the proposal on the basis that Council’s membership of the company won’t trigger any of the land classification requirements under the LGA, because the company would own any land, not the members.

 

·    Beyond that, the other issue is what the expectation is/may be about Council supplying land. It remains unknown as to where the company is going to get the land from if it’s not Council. If so, that will come with a discussion about Council selling public land to a private company.

 

·    Section 358 Local Government Act provides that

 

358   Restrictions on formation of corporations and other entities

(1)  A council must not form or participate in the formation of a corporation or other entity, or acquire a controlling interest in a corporation or other entity, except:

(a)  with the consent of the Minister and subject to such conditions, if any, as the Minister may specify, or

(b)  as provided by this Act.

(2)  This section does not prevent a council from being a member of a co-operative society or a company limited by guarantee and licensed not to use the word “Limited” in its name.

(3)  In applying for the Minister’s consent under subsection (1) (a), the council is required to demonstrate, to the Minister’s satisfaction, that the formation of, or the acquisition of the controlling interest in, the corporation or entity is in the public interest.

(3A)  The regulations may make provision for or with respect to the matters to be taken into account by the Minister in deciding whether to grant consent under this section and the conditions that may or must be specified by the Minister under this section.

(4)  In this section, entity means any partnership, trust, joint venture, syndicate or other body (whether or not incorporated), but does not include any such entity that is of a class prescribed by the regulations as not being within this definition.

 

Council needs to carefully consider the scope of the words “A Council must not form or participate in the formation of a corporation or other entity” in section 358. If Council becomes a member after a company is formed, does that mean it does not need Ministerial approval? The Legal Services team presently read the words more broadly and suggest that the prohibition is about any involvement in a private company without approval.

 

External or OLG advice will be required on what Council needs to do to comply with the section.

 

Financial/Resource/Legal Implications:

 

As above

 

Is the proposal consistent with any Delivery Program tasks?

 

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

 

EN2 Sustainable towns, villages and rural settlements that: respect our natural environment; create an inclusive social environment; integrate harmoniously with the character of local areas; and provide more inclusive social environments.

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Lone Goat Gallery

File No:                                  I2018/627

 

  

 

I move:

 

1.       That Council fund the shortfall in the revenue raised by the Lone Goat Gallery Board of Management to cover the 3 day/week Gallery coordinator’s salary from October 2018 to October 2019. Current figures suggest this would amount to $30,000.

 

2.       That Council, in line with the upcoming NSW Arts and Cultural Policy (as part of its initiative - NSW 2021: A Plan to make NSW Number One), set aside funding to renew its lapsed 2008 Cultural policy and draft a new Arts and Cultural Policy for the Byron Shire. Expected cost: $25,000.

 

 

Attachments:

 

1        LGNSW Submission on the NSW Arts and Cultural Policy Discussion Paper January 2014, E2018/28515

2        Lone Goat Gallery Coordinator report 2018, E2018/28514

3        LGNSW Communities and Culture Research into Arts Culture and Heritage July 2017, E2018/32642

 

 

Signed:   Cr Jan Hackett


 

Councillor’s supporting information:

 

1.    The idea of Byron Bay having an exhibition space for local artists was initiated by the Practicing Arts Network (PAN) in 2012. The resulting Lone Goat Gallery, currently housed in two meeting rooms of the new Byron Shire Library, has, with Council’s administrative support, been in operation since 2013.

 

       The Gallery is managed on a volunteer basis through a Council Section 355 Committee. In 2016 the management committee requested some professional support to ease and improve the gallery’s operational matters.  Council committed to funding a coordinator for 3 days a week on a 12 months trial basis, with the possibility of extending this for a further 12 months. A coordinator began work in October 2016 and funding of his salary has since been extended for the second year until October 2018.

 

       It was hoped that revenue raised from the Gallery’s rental and commissions from sales, together with sponsorship, philanthropy and grants, would be enough to cover both the gallery’s ongoing operational costs and a paid coordinator by October 2018, when the Council’s commitment to pay for the coordinator would end.

 

       Since the appointment of a coordinator, the Gallery has greatly extended its professional profile and popularity and more than covered its operational costs with a current balance of $12,000 in March 2018. This balance is healthy and projections see the annual revenue raised from rent and commission on sales coming in at around $26000 per annum.

 

       However, while the Committee is also seeking sponsorship support, philanthropic donations and preparing to write for grants, none of this kind of funding can be applied to wages for gallery personnel. (See page 4, Coordinator’s 2018 progress report. A financial spread sheet for the 5 years of operation is also attached.).

 

       It is apparent then, that despite a healthy bank balance, a Section 355 Management Committee will be unable to fully fund the coordinator’s salary between October 2018 and October 2019, and therefore requests salary top up support for that period.

 

       A final review and report on the current Strategic Plan 2016-2019 for the Lone Goat Gallery will be presented to Council late in 2019. At the same time a new proposal for the Lone Goat to become the Shire’s official public community gallery, in line with the NSW Arts and Cultural Policy, will be presented to Council for their consideration.

 

2.    The arts, culture and heritage are vital to any community’s sense of identity, inclusion, liveability, reconciliation and survival. But whereas all councils in NSW provide public libraries, which are seen as core services despite their costs, there is often a reluctance to resource the arts to the same level, especially when budgets are stretched.

 

       Yet, as noted in the NSW Arts and Cultural policy currently being progressed at both State and Local Government level, there are economic benefits as well as social benefits, especially in the tourism sector. Arts and culture play a critical role in enriching ratepayers lives. They are the glue that strengthens and keeps a community connected. Not only a social enabler, they are a tourism generator.

 

       The Byron Shire lauds itself as a creative hub and is a world destination for tourism. Yet without its own public art gallery or arts centre, we are letting our community down. The tourist invasion is fragmenting our community rather than strengthening it. We should be supporting growth, diversity and world class cultural activities so that resilience, vibrancy and industriousness return to the Shire.

 

Note, from the LGNSW submission of the NSW Arts and Cultural Policy in 2014:

The Local Government and Shires Associations of NSW ‘Social Policy and Community Services Survey’[1] results demonstrate that between 1999 and 2009:

NSW councils with Performing Arts Centres increased from 16% to 57%.
NSW councils with Museums increased from 35% to 62%.

NSW councils with Art Galleries increased from 27% to 64%.  (80% in 2014)
NSW councils with Community Arts Centres increased from 11% to 36%.

 

With a healthy population of over 30,000, Byron Shire is within the 20% of councils (expected in 2014) that remain without a public art gallery.

Griffith (pop: 25000) and Goulburn (pop: 23000) have long had very successful Regional Galleries. The Lone Goat Gallery aspires to fill this gap, but without official status and run by volunteers, it will continue to struggle.

 

Commercial galleries do not play the same role as a public gallery. They come and go because of high rents, and are seen as part of the commercial invasion, not a community enrichment and support centre.

  

Meanwhile, Byron Shire Council is without a current Arts and Cultural Policy.

 

I believe it is timely, especially with intergovernmental partnerships and Arts and Cultural policy papers nearing completion, for Council to draft a fresh Arts and Cultural Policy, seeking a new vision for arts and culture in our Shire. Such a policy would:

 

·      develop our Shire’s visual identity,

·      celebrate connectedness,

·      celebrate our Indigenous culture

·      champion local heritage and history

·      actively encourage creative learning and experiences,

·      continuously improve Council’s cultural facilities,  

·      foster open communication, partnerships and leadership,

·      value and support our creative industries and cultural economy, and;        

·      communicate our culture locally and globally.

 

Staff comments by Sarah Ford Manager Community Development  

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

 

In response to recommendation 1, Manager Community Development provides the following comments:

 

Community Development team provides support to the Lone Goat Gallery Board to implement the Lone Goat Gallery Strategic Plan (2016-19). It was acknowledged by Council that the LGG Board of volunteers did not have the capacity or resources to fully implement the LGG Strategic Plan and assistance from Council in the appointment of a Gallery Coordinator in October 2016 was to ensure the key strategic priorities of the LGG Strategic Plan were realised.

 

Improvements in key areas have been made as a result of the Gallery Coordinator and include:

·   Development of an Exhibition strategy

·   Develop relationships with the Arts Sector and appropriate community/business groups

·   Undertake audience development

·   Develop a sound financial basis for the future of the Gallery

 

Work in these areas is ongoing, with an emphasis on the financial sustainability of the Gallery into the future. The Gallery Coordinator is key to the ongoing implementation of the Plan.

 

In response to recommendation 2, Manager Community Development provides the following comments:

 

Council has a Cultural Policy last reviewed in 2008. Council has previously had a Cultural Plan (2008-13). Preliminary investigations in relation to Cultural Plans and Policies at other regional Councils has identified a significant staff resourcing and cultural expertise is required.

 

Tweed Shire Council

 

The Cultural Officer Tweed Shire Council spent 3 days per week for 4 months (excluding community consultation), developing their Cultural Plan. The consultation consisted of 5 focus groups plus an ‘ethnic and cultural activities snapshot’.  A booklet was produced for information and people were encouraged to complete a survey. Three hundred and eighty responses were received and this information. The project took approximately one year from start to finish.

 

Great Lakes Shire Council

 

The Manager Cultural Services wrote the Cultural Plan full time for approximately 120 days. The project started with cultural mapping and development of a consultative report and communications strategy. Significant community consultation was undertaken to inform the Plan. Great Lakes cultural staff were utilised throughout the planning process.

 

If Council seeks to undertake a full cultural planning exercise, a further report should be provided by the Community Development team in order to understand the implications for development and implementation. Information will be sought by similar regional Councils in relation to how they address the arts and cultural needs of their communities. Further, any decision to move toward a community gallery model requires consideration and investigation of the model, the location and ongoing financial resourcing.

 

The Community Development team does not have the capacity currently to undertake the development and implementation of a cultural plan without additional resourcing.

 

Financial/Resource/Legal Implications:

 

The Draft 2018/19 Budget has an allowance of $27,100 to December 2018 for the Gallery Coordinator. The current contract is due to terminate 16 October 2018, however an allowance has been made in the draft 2018/19 budget for a transition period for the Gallery Coordinator to 31 December 2018.

 

The cost to fund the Gallery Coordinator to 17 October 2019 will be an additional:

·  $27,100 for 2018/19

·  $13,500 for the 2019/20

 

The total additional budget to extend the Gallery Coordinator contract to 16 October 2019 and based on current contract rates is $40,600. This figure may be offset by the Lone Goat Gallery Board.

 

Is the proposal consistent with any Delivery Program tasks?

 

The proposal is consistent with Delivery Program action SC 2.4.1 Enhance opportunity for interaction with art in public spaces.  


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Massinger Street Treehouse

File No:                                  I2018/629

 

  

 

I move that Council:

 

1.       Remove any notice issued regarding the removal of the Massinger Street Treehouse;         

2.       Provide approval for the Massinger Street Treehouse to remain in place;

 

3.      Request the following of the owner at 77 Massinger Street Byron Bay:

 

a)      to hold Public Liability Insurance coverage to the value of $20 million in regards to the Massinger Street Treehouse;

 

b)      to provide an engineering certificate attesting to the structural integrity of the treehouse;

 

c)      to provide an arborists report attesting to the health of the trees where the treehouse is located;

 

d)      to provide any other report reasonably required by council to allow the treehouse to remain.

 

 

Attachments:

 

1        Letter of 4 August 2017, E2018/29871

2        Roads Act Direction 2 February 2018, E2018/29872

3        Confidential - Legal advice , E2018/28728  

 

 

Signed:   Cr Paul Spooner

 

Councillor’s supporting information:

 

At the 22 March 2018 council meeting local resident Mell Coppin made a submission to council to consider holding off enforcement action in regards to a treehouse constructed on the verge at the front of her residence in Massinger Street Byron Bay.

 

This motion seeks council endorsement for the treehouse to remain.

 

Mell Coppin’s Submission To Council:

 

My necessity to publicly respond to councils request to remove the treehouse, is on the basis of strong neighbourhood support & that it seems to meet with councils own criteria of public art.

The beautiful cubby floating in the gums at the T intersection of Kingsley and Massinger streets has become more than a treehouse. 

Neighbours can attest to the many people who take photos of it, who literally daily pull up their cars to marvel at it.

 

The cubby has encouraged conversations and reminiscences about simple childhood times when many houses had cubbies in long gone backyards. It has been a precious topic of conversation between children and their parents and grandparents.

 

For me it is a romantic gesture – to an era of grass roots, DIY, alternative living; all that made Byron Shire an exciting place to be.

 

Unlike a commissioned piece of artwork that would attempt to symbolise these ideas – the treehouse is ours and it’s REAL. It’s a well-considered thing of beauty that we built, in our street, and it’s THAT authenticity - that people seem to delight in.

 

I find encouragement from British artist Tracey Emin who looks for art that makes us feel better - that makes us stop and slow down in our day.

 

I think, the Massinger Street Treehouse is a glimpse into a bit of real life lived magic and people enjoy participating in that.

 

As the natural custodian of the treehouse at 77 Massinger, I want to let councillors know that my builder has ensured its structural integrity and that my arborist has ensured that good health of the gums.

Furthermore pending a favourable outcome from you, I am willing to foot the expense for council inspections.

FYI the treehouse is physically too low to cause serious injury, yet high enough that most people cannot access it.

I really wish I had photos of all the people’s faces who have shared its pleasure and connection. I hope you’ll take my word for it.

 

The Neighbourhood loves the Treehouse. It has become a piece of art that has encouraged conversations and reminiscences about simple childhood times when many houses had cubbies in long gone backyards. It has been a precious topic of conversation between children and their parents and grandparents.

 

It seems to meet with councils own Public Art Criteria:

       

·    Site specificity – all public art has to be relevant to its site in response to values of identity and place, and of an appropriate scale to its context.

 

·    Meaning – public art must reflect the cultural narratives of the Shire.

 

·    Sustainability – the longevity and robustness of artwork is vital not only to its artistic integrity but also as a means of minimising maintenance.

 

·    Value – ensure public art provides value for money as well as adding value to the community quality of life.

 

·   The treehouse has structural integrity, as supported by my builder: Steve Walsh Bld license no.77283C.

·   The gums are healthy & uncompromised as supported by local Arborist; Paulo Shrimpton.

·   Mell Coppin is willing to foot the bill for upkeep & council inspections, as well as seek to include the artwork into her insurance.

·   The Massinger Street Treehouse is a glimpse into a bit of real life lived magic and people enjoy participating in that.

 

 

Staff comments by Ralph James, Legal Counsel, Corporate and Community Services:

 

It is assumed that the NoM intends that all directions to remove the structure be withdrawn and that approval be granted for the structure to remain BUT THAT those actions take place after all of the matters set out in part 3 of the NoM have occurred.

 

To read the NoM otherwise i.e. sequentially, would mean that directions would be withdrawn and approval granted before, and without, all of the matters in 3 of the NoM being attended to.

 

There is currently no timeframe for the actions in 3 of the NoM to be taken.

 

If directions are to be withdrawn and approval granted Council MUST first be satisfied that:

 

a. evidence is provided that Ms Coppin has effected Public Liability Insurance coverage to the value of $20 million. A Certificate of Currency should be produced. 

b. evidence is provided by way of an engineering certificate attesting to the structural integrity of the structure;

c. evidence is provided by way of an arborist report attesting to the health of the trees where the structure is located;

 


 

To achieve this, a resolution of Council could be in the following form:

 

1.   That by close of business on Thursday, 31 May 2018 Ms Coppin provide Council with the following:

a.   evidence by way of a Certificate of Currency that Public Liability Insurance coverage to the value of $20 million has been effected in respect of the structure.

b.   evidence by way of an engineering certificate attesting to the structural integrity of the structure;

c.   evidence by way of an arborist report attesting to the health of the trees where the structure is located.

 

2.   That on compliance with ALL components of 1 above Council, for a period of 28 days, advertise its intention to grant Ms Coppin a 12 month lease over the unused public road being that part of the public road adjoining the property at 77 Massinger Street Byron Bay at a rental to be determined by an independent market valuation of the unused public road in question.

 

3.   That

a.   in the event that there are no submissions Council delegate to the General Manager authority to enter into the lease referred to in 2 above, or

b.   in the event that submissions are made all submissions received be reported to Council for consideration.

 

4.   That when approval is granted Council withdraw all directions to remove the structure.

 

5.   That enforcement action in respect directions presently issued be stayed until the happening of either 3a or 3b above, whichever shall first occur.

 

Directions given

 

On 4 August 2017 Council wrote to Ms Coppin requesting that she remove the treehouse. A copy of that letter is attachment 1.

 

On 2 February 2018 Council issued Ms Coppin with a direction pursuant to section 107 Roads Act 1993 directing the removal of the tree house. A copy of that direction is attachment 2.

 

Insurance advice

 

Council’s insurer has provided the following information:

 

Essentially, this would be a matter for Council to resolve with the resident, which may require legal advice, especially if the matter is to proceed to the land and environmental court (sic).

 

In terms of liability, should a person become injured, and Council is joined in an action, Statewide would defend Council only, for any liability that Council may have subject to the terms of the Mutual.  If a person is injured, or if property is damaged due to the residents tree house, and Council sought cover from Statewide in defending a claim against Council, we would defend Council, subject to Statewide Liability scheme terms and conditions, and we would seek to subrogate against the homeowner for any losses or damage arising out of the treehouse structure, to the full extent permissible at law.

 

The treehouse owner in all likelihood would not have insurance projection beyond the confines of their allotted property / address.  If they do have Public Liability cover as a homeowner, they may find themselves to be self-insured should a loss arise unless their insurers have specifically agreed to cover the homeowner on Council’s land.

 

From a risk perspective, if Council allows a treehouse to be built on its reserve under a licence/ with an indemnity, this may create a significant increase in applications for such structures on Council land.

 

This is offered in our capacity as insurance advisors to Council and shouldn’t be construed as legal advice.  We suggest consulting with your legal advisors for an opinion if required, including the drafting of any indemnity clauses that you may seek from the homeowner. 

 

Can there be an approval and, if so, what form would it take?

 

Picture 1.

Picture 2

 

Council as a road authority may grant a short-term lease of land comprising a public road to the owner of land adjoining the public road under s153 of the Roads Act 1993 (NSW) only if in Council’s reasonable opinion the road is not being used by the public.  Section 145 Roads Act provides that all public roads (including footpaths) within a local government area are vested in fee simple in the appropriate road authority.  Council is a road authority for all public roads within the shire, s7 Roads Act.

 

Massinger Street including the footpath is a public road under authority of Byron Shire Council.

 

The tree house is constructed on a public road (picture 1) adjacent to a strata unit owned by Ms Coppin.

 

To grant a lease Council must form an opinion that the public road is unused by the public. As there are no formed footpaths on either side of this part of Massinger Street the forming of a reasonable opinion that the public road is unused by the public may be difficult to achieve (picture 2).   

 

If in Council’s opinion the public road is unused then public notice of the proposed lease must be advertised in a local newspaper calling for submissions (Roads Act s154).  Council must duly consider all submissions before considering granting a lease.

 

An independent market rent valuation is required to set rent payable under the lease. Based on rent payable on similar leases granted over small encroachments on public roads in the Byron Shire, market rent could be as high as $1500 per annum exclusive of GST.

 

Legal Implications:

 

The Land and Environment Court have been strong in stating that “there is a need for the upholding of the integrity of the system of planning and development control. This system depends on persons taking steps to obey the law by ascertaining when development consent is required and then obtaining development consent before carrying out development”.

In this matter the treehouse was constructed to completion without contact with Council concerning approvals required, let alone, obtaining those approvals.

Council obtained advice from its external solicitors. A copy of that advice is at confidential attachment 3.

 

Is the proposal consistent with any Delivery Program tasks?

 

N/A


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Support for College of Marine Studies

File No:                                  I2018/630

 

  

 

I move:

 

1.       That Council:

 

a)    acknowledges the support it has provided in the past to College of Marine Studies (COMS), including $5,000 for a scoping study;

b)    acknowledges the role of COMS in initiating the Masterplan process, and

c)    acknowledges the potential value of a maritime education facility for the Shire.

 

2.       That as part of Council’s submission to the Masterplan process, Council gives in principle support to COMS for a not for profit training facility at the Brunswick Heads Boat Harbour;

 

3.       That Council work with stakeholders and Crown Lands to explore a potential location for COMS at the Brunswick Heads Boat Harbour or other location.

 

 

Attachments:

 

1        Brunswick-Heads-Boat-Harbour-introduction-scope-vision-and-objectives, E2018/28539

2        COMS scoping study may 2013 V2 with COMS drawings, E2018/28540

3        The Krawarree Project Feb 2018, E2018/28541

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

 

The College of Marine Studies (COMS) has been working with community groups, Government Agencies, particularly Crown Land, local and neighbouring Councils and Registered Training Organisations interstate.

 

COMS had been working closely with Crown Land for over fourteen (14) years.  A scoping study was created in 2007 for the Brunswick Heads Boat Harbour and the creation of the College of Marine Studies website (www.collegeofmarinestudies.org).

 

The College of Marine Studies was established primarily as a vehicle to restore and maintain the marine precinct on a self-supporting model.  Representatives of COMS believe this can be achieved.

 

The Masterplan that is currently in draft removes the slipway that formed part of the viability of the scoping study. Crown Lands has taken a different position with regard to the uses for the site and COMS has been effectively been sidelined in this process.

 

Byron Shire Council gave $5,000 to contribute towards the scoping study and Council’s Economic Development Officer worked with the committee to help develop the scoping study.

 

Given the possible economic and social benefits that could be derived from an educational facility of this kind, Byron Shire Council should, through the Draft Master Plan process, give in principle support to COMS, subject to its viability.

 

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

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

 

The Draft Master Plan (Plan) for Brunswick Boat Harbour is now on public exhibition. The draft plan outlines proposed future improvement of boating safety and access, infrastructure within the harbour, and for revitalising Crown land along the foreshore.

 

https://www.crownland.nsw.gov.au/crown_lands/coastal-harbours-and-river-entrances/brunswick-heads/harbour-master-plan

 

The Department of Industry (Lands & Water) is responsible for the Plan.

 

Council’s role is limited to that of a submitter, albeit an important one.

 

Staff from the DPI presented to Council staff and to councillors present on the Plan on the 12 April 2018.

 

Council could resolve to have staff make a submission to the Plan promoting the College of Marine Studies (COM), and to have staff continue discussions about a future site location for the COM as well.

 

Financial/Resource/Legal Implications:

 

None known.

 

Is the proposal consistent with any Delivery Program tasks?

 

Not applicable.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.5

 

 

Notice of Motion No. 9.5     Public Endorsement of Byron Bay Skate Park Location

File No:                                  I2018/635

 

  

 

I move that Council:

 

1.   Endorse the Sandhills area as the preferred location for a Byron Bay Skate park.

 

2.   Seek public and user group feedback and ascertain support for this location.

 

3.   Seek support from the Department of Industry-Crown Land for use of this site for a youth focused activity.

 

4.  Provide a report on the feedback provided by stakeholders, the wider community and the Department of Industry-Crown Land.

 

 

 

 

Signed:   Cr Simon Richardson

 

Councillor’s supporting information:

 

When one begins a discussion with locals on the establishment of a skate park in the bay, the first reaction is one of disbelief; a disbelief due to the many false starts and non starts over years and decades.  We would struggle to find a local in the Bay who does not believe we need a skate park or our kids deserve a skatepark.

 

Now is the time and opportunity to bring this project to life. Though its’ gestation period resembles that of an elephant, its’ time has finally come.

 

The three key ingredients for establishment of a skatepark: community support, a agreed upon location and funding confidence are all ready for mixing.

 

At the end of 2017, Councillor Spooner and myself and convened a public meeting to ascertain the level of community support to drive this project.  The support, though a touch guarded, was still evident and clear, and strong.  From this meeting, a facebook group’ Byron Skatepark Planners Group’ was formed to begin the project management process.

 

During the initial ‘Take Off Meeting’, a location became quite clearly identified. Initially, we moved through the options and considered the individual  strengths and weaknesses of each. These can be seen here:

 

Byron Foreshore Precinct

Council Managed Crown Land

Unapproved CZMP -coastal protection infrastructure issues

Many different possible uses and conflicting views-highly contested

 

Sandhills

Owned by the Crown -soon available  to Council

CPTED issues

Few possible uses and marginally contested

 

Byron Rec Grounds

A defined recreation precinct

Size and other stakeholder issues

Many different possible uses and conflicting views-highly contested

 

Butler Street

CPTED issues

Other Uses

 

Cavanbah Centre

The master plan identifies a future skate park SE corner

Out of town

 

From these option, it became very clear that the Sandhills area would be an ideal location. Those present at the meeting were unanimous in pursuing this option.

 

Funding avenues also crystallised and this made the project tangible. Council has already allocated and committed $300,000.  If the community could establish a fund-raising regime and work towards $200,000, this would allow for a $500,000 budget, with the ability to seek matching funding to push the ultimate budget to $1,000,000.

 

Recommended priority relative to other Delivery Plan tasks:

 

This area, dubbed The Sandhills Community Hub within the Byron Bay Town Centre Masterplan, “should be a community destination for all ages, integrated within an eco-friendly setting, linking to the regenerated Sandhills scrub as an ideal place.”  Though not explicitly listed as an activity within the area, a skatepark with accompanying passive recreational and gathering amenities for all ages certainly meets the priorities listed:

 

5.6 SANDHILLS COMMUNITY HUB : Short Term Priorities [2016 - 2021]

 

The Sandhills Community Hub should be established as a community destination that supports the diverse needs of the town centres local community, providing opportunities for the young, elderly and everyone in between.  Located on the edges of the village centre and Sandhills Scrub, the precinct provides a perfect transition between the town centres urban and natural character.

 

Through offering an improved youth and environmental centre, reoriented library, local community gardens, a childrens adventure space and adult learning facilities the Sandhills Community Hub should become a place for all ages to learn about and enjoy Byron Bays unique natural environment.

 

Using this area to create a skatepark also fits within higher order planning as outlined in the masterplan, through its cultural benefits.  With adjacent activities and enters focused on all ages, with a particular focus on early childhood and youth activities, it makes good planning sense to establish a further activity to complement these current uses, as “Establishing community precincts which concentrate complimentary types of facilities ensures regular usage, space activation, a varied demographic and improved integration with the surrounding areas.”  BBTCMP-page 60

 

Lastly, the explicit linking of a skatepark to the town’s youth centre makes sense. This too can be seen through the priority mentioned within the Sandhills Community Hub section within the BBTCMP- “Youth Centre Refurbishment. Refurbish the youth centre to provide improved youth facilities.  To ensure regular use an environmental centre should be integrated within the facility providing strong links to the library and Sandhills Scrub.”

 

A skatepark, part funded by Council, part funded by the community and part funded by external grants can be a community loved and supported and utilised addition to town- bringing the ultimate vision articulated within the BBTCMP to life,

 

Connect the Centre of Byron Bay with the Spirit of its community

 

Definition of the project/task:

Seeking community support for the establishment of a skatepark in the Sandhills area within Byron Bay and reporting to council on the resultant feedback.

 

Source of Funds (if applicable):

Negligible

 

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

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

 

Existing skate parks within the Shire are located at Bangalow, Brunswick Heads, Mullumbimby, South Golden Beach, Suffolk Park and Federal with Byron Bay as an obvious void for this often highly utilised recreational infrastructure. 

 

Skate Parks predominately cater for our youth, however where located with other recreational infrastructure, can provide significant additional intergenerational activation of a space.

 

Skate parks have a relatively high capital cost outlay with minimum maintenance due to durability.

 

These facilities placed in the appropriate environment with ancillary facilities can create an important positive social setting for our youth.

 

From a Crime Prevention perspective it is important that a chosen area is activated and not isolated and it is preferable that the area provides for strong passive surveillance to ensure the safety of our Youth and other users.

 

Local Police have the ability to undertake Crime Prevention Risk Assessment services on appropriate requests from Council that could assist in appropriate Crime Prevention Through Environmental Design (CPTED) principles being identified and adopted within the design (including placement and orientation).

 

Financial/Resource/Legal Implications:

 

A skate park is identified in the developer contributions plan. (Section 94 Plan)

 

The skate park is the next highest priority in the plan for expenditure upon completion of the Byron Bay Town Centre Master plan (BBTCMP). 

 

This is based upon adopted priorities. 

 

The implementation of the BBTCMP is likely to absorb all current contributions held with Council in the 2018/19 financial year. Based upon the cash flows into the plan, the BBTCMP will use all future contributions for the next 5-7 years.  

 

Council does vary the priorities within the plan to meet grant funding requirements. 

 

If Council received a grant then it is open to Council to resolve to redirect money from the BBTCMP to the skate park. The skate park in the works schedule is identified separately to the BBTCMP. 

 

If Council identifies the skate park as a BBTCMP work then it may access this funding but it should then remove the skate park as a separate item from the plan and cease collecting money from developers for this purpose. 

 

Is the proposal consistent with any Delivery Program tasks?

 

No

  


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.1

 

 

Petitions

 

Petition No. 10.1         Middle Pocket Road

Directorate:                 Infrastructure Services

Report Author:           Evan Elford, Team Leader Infrastructure Planning  

File No:                        I2018/496

Theme:                         Community Infrastructure

                                      Local Roads and Drainage

 

At Council’s Ordinary meeting held on 22 March 2018 Cr Richardson 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”.

 

Comments from Director Infrastructure Services:

 

Council understands the frustrations of the community in this regard and has been working on a number of strategies to address maintenance backlog across all community  infrastructure across the shire.

 

The condition of the roads in Byron Shire is a major source of complaint from residents and accordingly, Council has increased spending in this area significantly in recent years.  Council is now approaching its second year of a Special Rate Variation and the allocation of funding of roadworks is undertaken in accordance with Council’s established risk based management procedures.

 

Because the road network was historically underfunded for many years fixing them, whilst a priority, is a long and slow process.

 

Information about roadworks is available on the Council’s website.

 

 

 

RECOMMENDATION:

That the petition regarding Middle Pocket Road be noted.

 

 

 

  


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

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

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2018/527

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Council have submitted applications for a number of grant programs which, if successful, would provide significant funding to enable the delivery of identified projects.  This report provides an update on these grant submissions.

  

 

RECOMMENDATION:

That Council note the report and Attachment (E2018/25251).

 

 

Attachments:

 

1        Byron Shire Council Submissions and Grants as at 28 March 2018, E2018/25251

 

 


 

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

 

Funding Applications – Successful

 

·   Enviro-poles for cigarette litter reform (NSW Environmental Protection Authority – Council Litter Prevention Grants) - $100,000

·   Active Recreation Waterlily Park, Ocean Shores (NSW Stronger Country Communities Fund Round One) - $418,608

·   Extension of Heritage House, Bangalow (NSW Stronger Country Communities Fund Round One) - $320,154

·   Refurbish and Renew Sandhills Early Child Care Centre (NSW Stronger Country Communities Fund Round One) - $255,763

 

Funding Applications – Unsuccessful

 

·   Byron Virtual Reality Walking Tour (NSW Office of Environment – Heritage Near Me – Strategic Projects)

 

Applications Submitted

 

·   Weed Control on Endangered Graminoid Clay Heath at Byron Bay ( NSW Public Reserves Management Fund)

·   Flying Improvements (NSW Office of Environment, Environmental Trust Restoration and Rehabilitation Grants)

·   Multi Cultural Meeting Place (Multicultural NSW Unity Grants)

·   Creative Cultural Connections (Multicultural NSW Celebration Grants)

 

Additional information on the grant submissions made and/or pending is provided in Attachment 1 – Submissions and Grants report as at 28 March 2018.

 

Financial Implications

 

If Council is successful in obtaining the identified grants more than $18 million would be achieved which would provide significant funding for Council projects.  Some of the grants require a contribution from Council (either cash or in-kind) and others do not. Council’s contribution is funded. The potential funding and allocation is noted below:

 

Requested funds from funding bodies

18,933,875

Council cash contribution

10,393,699

Council in-kind Contribution

365,158

Other contributions

17,324,960

Funding applications submitted and awaiting notification (total project value)

47,017,692

 

Statutory and Policy Compliance Implications

 

Council is required under Section 409 3(c) of the Local Government Act 1993 to ensure that ‘money that has been received from the Government or from a public authority by way of a specific purpose advance or grant, may not, except with the consent of the Government or public authority, be used otherwise than for that specific purpose’. This legislative requirement governs Council’s administration of grants.

 

   


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Australia Day PRG Finalisation of the 2018 Group and Commencement of the 2019 Group

Directorate:                 Corporate and Community Services

Report Author:           Deborah Stafford, Community Projects Officer (Generalist)

File No:                        I2018/513

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report provides information on the work completed by the Australia Day 2018 Project Reference Group (PRG). It is recommended that the 2018 PRG be disbanded following the completion of its objectives.

 

This report also recommends that a 2019 PRG be established to coordinate the Australia Day activities for 26 January 2019.

  

 

RECOMMENDATION:

That Council:

1.       Note this report on the Australia Day 2018 activities and disbands the Australia Day Project Reference Group effective 19 April 2018.

 

2.       Write to members of the Australia Day 2018 Project Reference Group advising of this resolution and to thank the participants for their assistance.

 

3.       Participate in the Australia Day Council Ambassador Program for 2019 Australia Day activities.

 

4.       Adopt the Constitution for the Australia Day 2019 Project Reference Group shown in Attachment 1 (E2018/23898).

 

5.       Invite the following organisations to nominate representatives to be a member on the Australia Day 2019 Project Reference Group:

 

·    Byron Bay Rural Fire Brigade, Suffolk Park

·    Rotary Club of Byron Bay

·    Rotary Club of Mullumbimby, representing the Combined Services Clubs of Brunswick Valley

·    Brunswick Mullumbimby Lions Club

·    Ocean Shores Community Association

·    Brunswick Valley Historical Society

·    Sisters for Reconciliation

·    Byron Bay Surf Club representing Australia Day Paddle

·    Bangalow Red Cross

Attachments:

 

1        DRAFT Constitution Australia Day PRG 2019, E2018/23898

 

 

Report

 

Finalisation of Australia Day 2018 PRG

 

In accordance with Resolution 17-065, Council invited organisations to nominate representatives to be a member on the Australia Day 2018 PRG.

 

The PRG met on three occasions prior to Australia Day and held a debrief meeting in February 2018. Additional discussions and correspondence were undertaken as required in order to confirm arrangements for the official ceremony and separate community events.

 

In accordance with resolution 09-680 which states, in part, that the official ceremony is to ‘alternate each year to different locations within the Shire’, the official ceremony for 2018 was held at the Ocean Shores Country Club and coordinated by the Ocean Shores Community Association in conjunction with Council.

 

The Official ceremony was conducted with the assistance of an Auslan interpreter. There were approximately 70 invited guests plus spectators in attendance. The following people and events were included:

 

·   Cr Simon Richardson as MC

·   Welcome to Country by Sonia Woods

·   Musical performance by Ocean Shores Public School students

·   Speech by the Australia Day Address Giver, Frank Mills OAM

·   Speech by Byron Shire’s Australia Day Ambassador, Corey Payne

·   Local Australia Day Awards

·   Citizenship Ceremony

·   Sit down lunch for invited guests

 

Nominations were received for the award categories listed below (with the recipient noted in brackets):

 

·   Citizen of the Year (Barbara Upson-Shaw)

·   Special Mention (Gill and Barry Lomath)

·   Senior Citizen of the Year (Margaret Fisher)

·   Volunteer of the Year (Heather McQuilty)

·   Community Event of the Year (Mullumbimby Music Festival)

 

Other Australia Day events were planned and delivered by the various community groups with the details of these events noted below.

 

·   Brunswick Heads Breakfast in the Park (Rotary Club of Mullumbimby representing the Combined Services Clubs): This event was held at Banner Park.  There were approximately 700 people in attendance for this 30th year of the event. 

·   Byron Bay Breakfast in the Park (Rotary Club of Byron Bay): This event was held in Apex Park with small numbers people attending over the duration of the event and all aspects of the day proceeding well. 

·   Celebration of the Survival of Aboriginal and Torres Strait Islander Peoples and Culture (Sisters for Reconciliation): This event was held at Apex Park and included speakers, dancers and music.  The event was delivered despite difficulties with the location and it was identified that additional volunteers and shade will be required for the 2019 event.   

·   Suffolk Park Fun Afternoon (Byron Bay Rural Fire Brigade, Suffolk Park and Suffolk Park Progress Association): This event was held at Gaggin Park with approximately 200 attendees. All activities proceeded well however there was a noted decrease in numbers from previous years, the cause of which is unknown.

·   Ocean Shores Family Afternoon (Ocean Shores Community Association): This event was held at the Ocean Shores Public School and included the mullet throwing competition and rainforest walk. All activities proceeded well however there was a noted decrease in numbers from previous years (80 last year).

 

Bangalow and Mullumbimby events were not held in 2018.

 

Identified Opportunities for Improvement

 

It was identified that Council would continue to work with the relevant Project Reference Group to streamline administrative and event management processes. Opportunities for supporting community leadership of community-based events and incorporating operational efficiencies will be discussed at the first meeting of the Australia Day 2019 Project Reference Group.

 

Australia Day Project Reference Group Constitution

 

The objectives outlined in the PRG's Constitution have been met – these are generally described as:

1.       Organise Australia Day Events

2.       Australia Day Address – Local Resident

3.       Local Australia Day Awards

4.      Australia Day Ambassador – Participation in Program

 

The PRG thanked Council for all support provided and noted that:

·   The Australia Day Ambassador was well received at all events

·   Council staff preparation of grounds was excellent

·   Provision of bin stations (with three types of bins) and volunteers to assist with appropriate use (where provided) was well received and effective

·   Additional funding would be useful for local events

·   Bangalow Red Cross be invited to lead a Bangalow event

 

Commencement of Australia Day 2019 PRG

 

In previous years, Council's Australia Day PRG has coordinated Australia Day activities throughout the Shire on an annual basis.  As noted in this report, the Australia Day 2018 PRG is recommended to be disbanded. To enable the coordination of Australia Day activities for 26 January 2019, it is recommended that a PRG be established. 

 

No Councillors are required to be appointed to the PRG. Council may appoint a Councillor as a non voting delegate to attend the meetings of the PRG.

 

The invited community organisations, excluding Red Cross Bangalow, were represented on the PRG for events on Australia Day 2018.  Due to the success of previous Australia Day events, it is recommended that the nominated groups be invited to join the Australia Day 2019 PRG. 

 

It is anticipated the first meeting of this PRG will be held in September 2018.

 

Location of the 2019 Australia Day Official Ceremony

 

The location of the 2019 Australia Day Official Ceremony was discussed by the 2018 PRG at its final meeting.  The cycle has returned to Suffolk Park if coordinators are available to host it.  This will be discussed and determined by the Australia Day 2018 PRG at its first meeting.

 

Financial Implications

 

Finalisation of Australia Day 2017 PRG

 

An amount of $13,300 was provided for Australia Day arrangements in the 2017-2018 budget with expenses totalling approximately $13,277 being incurred. 

 

Commencement of Australia Day 2019 PRG

 

The draft 2018-2019 Budget has an allocation of $13,400 for the purpose of Australia Day 2019. This funding is proposed to be used to provide activities throughout the shire as informed by the coordination of previous years with any opportunities for improvement identified and implemented.

 

Statutory and Policy Compliance Implications

 

Finalisation of the Australia Day 2018 PRG

 

In Council’s Delivery Program 2017-2021, SC2.4 states that Council is required to ‘support a range of events that encourage broad community participation and promote social inclusion’.

 

The Constitution for the Australia Day PRG provides nine months to complete its objectives.

 

Commencement of Australia Day 2019 PRG

 

The Australia Day PRG will meet in accordance with its adopted Constitution.

 

PRG structure

As per Council’s procedure on PRG’s, each PRG is to have a specified timeframe to carry out its objectives.  A timeframe of 3 months to 12 months can be elected, with the option of renewal, or as determined by Council in the PRG Constitution. 

At the end of a PRG’s timeframe to carry out its objectives, it will, in most cases, be disbanded whether it has completed the objectives of not.  In some circumstances the timeframe may be extended by Council or an Advisory Committee.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Report No. 13.2           Public Art Panel - minutes of meeting 15 February 2018

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/514

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

A Public Art Panel meeting was held on 15 February 2018. This report provides the minutes of the meeting.

 

The meeting received information about key art projects in the Shire and endorsed the draft Public Art Strategy.

  

 

RECOMMENDATION:

1.       That Council request further investigation of the use and compliance of development           contributions in relation to the YHA youth hostel development in Byron Bay, and the           apparent failure to comply with the presentation that was made to the Public Art Panel           on 28 September 2017.

 

2.       That development contributions accepted for Public Art under the DCP are           quarantined for exclusively for Public Art. Any use that contravenes this request            needs to be presented to the Public Art Panel.

 

3.       That Council:

 

a.   Support the Brunswick Nature Sculpture Walk 2018 event by contributing $10,000 from the public art budget where Panel members will be consulted regarding the acquisition of a permanent sculpture for Brunswick Heads following the event.

 

b.   note that the event will:

 

·   Enable established interstate artists to provide workshops for local sculptors and community

·   Curate sculptures, focusing on local and interstate sculptors whom work with environmental themes

·   Provides a good springboard for emerging artists

·   Was a well run event in 2015

 

4.       That Council develop an MOU with Creative Mullumbimby to develop a mutually           beneficial partnership for public art in Mullumbimby.

 

5.       That considering the adoption of the draft Public Art Strategy and its stated focus           of resources on more permanent and sculptural works for the Shire that are well           managed and require less ongoing maintenance, Council:

 

a.   will support in principle the proposal received for the Byron Gateway Wall, however,

 

b.   do not support the allocation of funds to this project.  

 

 

 

Report

 

A Public Art Panel meeting was held on 15 February 2018. This report provides the minutes of the meeting. The meeting received information about key art projects in the Shire and endorsed the draft Public Art Strategy.

 

The Panel made several recommendations to Council as provided on the first page of this report, and these recommendations are supported by staff.

 

A copy of the Agenda for the Public Art Panel meeting of 15 February 2018 can be found at the following link:  http://byron.infocouncil.biz/Open/2018/02/PAP_15022018_MIN_821_WEB.htm

 

Draft Public Art Strategy

 

Council received a report outlining the new strategic approach to Public Art in the Shire at the 22 March ordinary meeting and adopted the Public Art Panel recommendation below at that meeting:

 

6.       That the Public Art Panel recommend to Council to endorse the draft Public Art Strategy and draft Public Art Policy and place them on public exhibition for 28 days, with any submissions to be reported back to the Public Art Panel.

 

Financial Implications

 

The Public Art budget year-to-date balance for 2017/18 financial year is approximately $33,600.

 

Statutory and Policy Compliance Implications

 

Public Art Policy

Public Art Guidelines and Criteria


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Section 355 Management Committees - resignations and appointments

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/515

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report updates Council on recent resignations and proposed appointments to various committees.

  

 

RECOMMENDATION:

1.       That the resignation from Alice Jarvis from the Marvell Hall Management Committee be accepted and a letter of thanks be provided.

         

2.       That Maureen Lightfoot be appointed to the Marvell Hall Management Committee.

 

3.       That Jennifer Parenteau and John Dorczak be appointed to the Mullumbimby Civic Hall Board of Management.

 

 

Attachments:

 

1        Confidential - Additional community representatives  for Section 355 committees, E2018/23976  

 

 


 

Resignations and Committee appointments

 

This report details resignations and proposed new appointments for Section 355 committees where nominations have been received.

 

Marvell Hall Byron Bay Management Committee

 

Following a period of advertising for more committee members, a nomination has been received for the Marvell Hall Byron Bay Management Committee. Details of nominees can be found in Confidential Attachment 1.

 

A resignation has also been received from Alice Jervis who was treasurer on the committee.

 

Current members of this Management Committee are:

 

Councillors

Cr Cate Coorey

Cr Jan Hackett (alternate)

 

Community Representatives

Jim Beatson (Chair)

Nancy English (Secretary)

Carline Lloyd (Co–bookings)

Jay Pearse

Margaret Robertson (Co- bookings)

Christine Willmot

 

Management Recommendation

That the resignation from Alice Jarvis be accepted and a letter of thanks be provided.

That Maureen Lightfoot be appointed to the Marvell Hall Byron Bay Management Committee.

 

Mullumbimby Civic Hall Board of Management

 

Following a period of advertising for more committee members, nominations have been received for the Mullumbimby Civic Hall Board of Management. Details of nominees can be found in Confidential Attachment 1.

 

Current members on this Management Committee are:

 

Councillors

Cr Basil Cameron

Cr Jeannette Martin (alternate)

 

Community Representatives:

Sam Fell (Secretary)

Maureen Lightfoot (Treasurer)

Judy MacDonald

Glenn Wright (Chair)

 

Management Recommendation: 

That Jennifer Parenteau and John Dorczak be appointed to the Mullumbimby Civic Hall Board of Management.

 

 

Financial Implications

 

Community Members of Section 355 Management Committees are volunteer positions unless otherwise resolved by Council.

 

Statutory and Policy Compliance Implications

 

Management Committees and Boards of Management operate under Guidelines which states:

 

3.2 Committee Membership

Committee membership will number not less than four and not more than nine and each committee will state the actual number in their Terms of Reference unless otherwise decided by Council. The exception will be the Bangalow Parks (Showground) committee which numbers twelve. Council reserves the right to appoint up to two Councillors to each Committee. The total number of members includes office bearer committee members and Councillor members which are appointed by Council. 

 

Whilst no particular qualifications are necessary (not withstanding 3.1.a), a commitment to the activities of the Committee and a willingness to be actively involved in Committee issues is essential. Committees work best when the workload is shared amongst committee members and there is evident goodwill and cooperation amongst members.

 

Further information on the operations and meeting minutes for these Committees and Boards can be found on Council’s web site at https://www.byron.nsw.gov.au/Council/Committees-and-groups/Section-355-Committees-and-Boards-of-Management.  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           A draft wellbeing indicator framework for Byron Shire

Directorate:                 Corporate and Community Services

Report Author:           Deborah Stafford, Community Projects Officer (Generalist)

File No:                        I2018/519

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

A draft wellbeing indicator framework has been developed in order to inform organisational decision-making and embed wellbeing across organisational practice.

 

The wellbeing indicator framework was developed by drawing on the extensive body of highly researched, evidence based national and international best practice in wellbeing indicator frameworks and tailoring a locally appropriate model for the Byron Shire.

 

This report seeks endorsement from Council of the draft wellbeing indicator framework for the Byron Shire.

  

 

RECOMMENDATION:

1.       That Council endorses the draft wellbeing indicator framework.

 

2.       That Council endorses the inclusion of the draft wellbeing indicator framework in the Community Strategic Plan 2018-2028.

 

 

 

 

 


 

Report

 

Information/Background

 

The adopted 2017-2021 Delivery Program and Operational Plan requires Council to develop a wellbeing framework and wellbeing indicators in order to incorporate them within the organisation and inform organisational decision-making.

 

Wellbeing is a concept that is closely related to ‘quality of life’ at both an individual and community level. Rather than referring to a brief feeling of happiness, wellbeing is aligned with a deeper acknowledgement of individual, communal and place based conditions.

 

The purpose of a wellbeing indicator framework is to measure and monitor current levels of wellbeing, track change over time and, importantly, inform planning and decision-making to ensure that the conditions for improved wellbeing in the Byron Shire are maximised.

 

The draft wellbeing indicator framework draws on the extensive body of highly researched, evidence-based national and international best practice in wellbeing indicator frameworks. Within the Australian context, local government has worked towards and within community indicator frameworks to enhance strategic planning and community wellbeing outcomes. While uptake and mechanisms vary, the last decade has seen a growing consensus regarding the value of such indicators and their basic overarching architecture.

 

The draft framework for the Byron Shire draws on best practice for local councils, such as Community Indicators Victoria (CIV), the Australian Centre for Excellence in Local Government (ACELG) in partnership with the Local Government Association of Queensland (LGAQ), and the University of Technology Sydney Centre for Local Government (CLG) and Institute for Sustainable Futures (ISF) in partnership with, respectively, Lane Cove and City of Sydney Councils. While exemplars have informed the draft framework, they have been reviewed and adapted to ensure that local relevance remains at the forefront.

 

At the international level, the framework draws on innovative and holistic approaches, such as the Bhutanese Gross National Happiness (GNH) index. GNH is a holistic wellbeing and sustainability framework that has been conceptualised as ‘development with values’. While the GNH model was developed in Bhutan, it grew from a strong foundation of international research in community indicators. It is important to emphasise that the term ‘happiness’, when used in the GNH model, is akin to the Western understanding of personal and collective wellbeing or quality of life. Aspects of the GNH model have been adapted, as appropriate, to ensure relevance in the local context.

 

The overarching structure of the wellbeing indicator framework consists of four pillars: Society and Culture; Environment; Economy and Civic Leadership. These four pillars or themes are aligned with the areas that make up a Quadruple Bottom Line (QBL) approach. A QBL approach is required within Council’s Integrated Planning and Reporting (IP&R) framework and draft Community Strategic Plan (CSP) objectives. Translation between framework themes can be seen below:

 

Wellbeing framework pillars

IP&R QBL themes

Draft Byron CSP objectives

Society & culture

Society and culture

We celebrate our lifestyle, culture and sense of community

Environment

Environment

We protect and enhance our natural environment

We have infrastructure, transport and services which meet our expectations

Economy

Economy

We manage growth and change responsibly

Civic leadership

Governance/civic leadership

We have community led decision making which is open and inclusive

 

It is useful to acknowledge that many aspects of Council’s work cannot be placed under only one heading in the wellbeing framework, as they are interrelated, and action in one area creates impact across each of the others. Recognising interrelationship is intended to enhance collaboration and highlight otherwise unanticipated consequences of policies, programs and actions.

 

Figure 1. Draft Byron Shire wellbeing framework indicators

SOCIAL AND CULTURAL

ENVIRONMENTAL

Housing affordability

Relative socioeconomic equality

Community services and facilities

Self reported health

Life satisfaction

Safety

Community connectedness

Social support

Cultural diversity

Cultural participation

Recreation

Public art

 

Responsibility for environmental sustainability

Greenhouse gas emissions

Energy use

Waste minimisation

Healthy waterways

Biodiversity

Open space

Road safety

Active and public transport

ECONOMIC

CIVIC LEADERSHIP

Economic diversity and resilience

Early childhood education and care access

Innovation

Work-life balance

Growth and development

Trust

Political participation

Council performance

 

Rather than attempting to identify and measure every aspect of wellbeing, the framework is intended to underpin a practical approach to understanding and enhancing wellbeing.

 

Further work on the framework will consolidate data sources, targets and benchmarks for each indicator. The framework is in its first iteration and will continue to evolve and be refined during the course of the first year of implementation. A concise and straightforward toolkit is being developed alongside the wellbeing indicators to support with translating the framework into practice.

 

Integration with the CSP

It is proposed that the wellbeing indicators be incorporated in the CSP and that measures for each indicator be incorporated in the Delivery Program and Operational Plan. The wellbeing indicators have been checked against draft CSP strategies and are effective and holistic ‘big picture’ measures of progress towards the community outcomes identified in the CSP.

 

Consultation

The recent, extensive community engagement undertaken to develop the draft Community Strategic Plan allowed for deep listening to a broad cross section of the Byron community. The resulting engagement report has been foundational in shaping and ensuring local alignment between the wellbeing framework and local conditions and priorities. The wellbeing indicators themselves are strongly evidence based and, as such, the capacity for external consultation to contribute to the development of new or additional indicators is somewhat limited by requirements for rigour within the data.

 

Several iterations of internal consultation have been conducted with key staff across the organisation during the development of the draft indicators from October 2017 to March 2018. Additional internal consultation will be undertaken to develop and refine data sources and targets for each specific indicator.

 

Next steps

Subsequent to framework endorsement, it is intended that baseline data be collected prior to 30 June 2018.

 

It is proposed that a toolkit and training package be developed and implemented in the 2018-2019 year, including:

•     policy/project screening tool(s)

•     communication tool

•     co-learning workshops

•     online learning and collaboration platform

•     alignment with community grants

•     identification of additional implementation opportunities

 

Financial Implications

 

The available 2017-2018 wellbeing indicator framework budget allocation (#2323.2) is $29,100. This will be used to develop an appropriate survey instrument as well as collect, collate and interpret a baseline data set. Costs will be incurred in relation to indicators where existing or publically available data is not adequate. Detailed costing can be developed upon endorsement of the draft framework.

 

The 2018-2019 draft budget has an allocation of $8,200 for the purpose of continuing with data collection, collation, interpretation and reporting. Additionally, this budget amount will contribute to implementation strategies, including Council and community co-learning workshops and communications strategies.  

 

Statutory and Policy Compliance Implications

 

The adopted 2017-2021 Delivery Program and Operational Plan requires Council to develop a wellbeing framework and wellbeing indicators in order to incorporate them within the organisation and inform organisational decision-making.

 

IP&R legislation requires Council to address Quadruple Bottom Line (QBL) considerations in the CSP as well as report back to the community on CSP progress. The wellbeing indicator framework, if incorporated into the CSP, addresses both of these requirements: it addresses QBL considerations directly and clearly; and monitors progress towards achieving the objectives and strategies outlined in the CSP. Reporting will occur at least once every four years.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Investments March 2018

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/614

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the month of March 2018 for Council’s information. 

 

This report is prepared to comply with Regulation 212 of the Local Government (General) Regulation 2005.

  

 

RECOMMENDATION:

That the report listing Council’s investments and overall cash position as at 31 March 2018 be noted.

 

 

 

 

 


 

Report

 

In relation to the investment portfolio for the month of March 2018, Council has continued to maintain a diversified portfolio of investments.  At 31 March 2018, the average 90 day bank bill rate (BBSW) for the month of March was 1.93%.  Council’s performance to 31 March 2018 is 2.53%. Council’s performance is again higher than the benchmark.  This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits and purchasing floating rate notes with attractive interest rates.

 

The table below identifies the investments held by Council as at 31 March 2018:

 

Schedule of Investments held as at 31 March 2018

 

Purch Date

Principal ($)

Description

CP*

Rating

Maturity Date

No Fossil Fuel  ADI

Type

Interest Rate Per Annum

Current Value

28/10/16

650,000

Teachers Mutual Bank

P

BBB+

28/10/19

Y

FRN

3.17%

653,642.89

 

24/03/17

1,000,000

NAB Social Bond (Gender Equality)

P

AA-

24/03/22

N

B

3.25%

1,011,100.17

31/03/17

1,000,000

CBA Climate Bond

P

AA-

31/03/22

N

FRN

3.25%

1,000,000.00

16/11/17

750,000

Bank of Queensland

P

BBB+

16/11/21

N

FRN

2.63%

750,000.00

04/10/17

2,000,000

Police Credit Union

P

NR

04/04/18

Y

TD

2.70%

2,000,000.00

05/10/17

1,000,000

Police Credit Union

N

NR

05/04/18

Y

TD

2.56%

1,000,000.00

17/10/17

1,000,000

Police Credit Union

N

NR

17/04/18

Y

TD

2.55%

1,000,000.00

23/10/17

1,000,000

Bank of Queensland

N

BBB+

23/04/18

N

TD

2.55%

1,000,000.00

02/11/17

2,000,000

Police Credit Union

N

NR

02/05/18

Y

TD

2.73%

2,000,000.00

03/11/17

1,000,000

Maitland Mutual Building Society

P

NR

02/05/18

Y

TD

2.55%

1,000,000.00

15/11/17

1,000,000

The Capricornian Credit Union

P

NR

16/04/18

U

TD

2.55%

1,000,000.00

17/11/17

1,000,000

Police Credit Union

N

NR

17/05/18

Y

TD

2.75%

1,000,000.00

23/11/17

1,000,000

The Capricornian Credit Union

N

NR

23/05/18

U

TD

2.55%

1,000,000.00

24/11/17

1,000,000

ME Bank

P

BBB

24/05/18

Y

TD

2.55%

1,000,000.00

28/11/17

1,000,000

Bananacoast Credit Union

P

NR

28/05/18

Y

TD

2.65%

1,000,000.00

30/11/17

2,000,000

NAB

N

AA-

30/04/18

N

TD

2.49%

2,000,000.00

30/11/17

2,000,000

ME Bank

N

BBB

30/04/18

Y

TD

2.49%

2,000,000.00

06/12/17

1,000,000

Hunter United Employees Credit Union

P

NR

06/04/18

U

TD

2.55%

1,000,000.00

08/12/17

2,000,000

ME Bank

N

BBB

08/06/18

Y

TD

2.55%

2,000,000.00

08/12/17

2,000,000

My State Bank

P

BBB

08/06/18

Y

TD

2.65%

2,000,000.00

19/12/17

2,000,000

Credit Union Australia

P

BBB

19/06/18

Y

TD

2.60%

2,000,000.00

19/12/17

2,000,000

Gateway Credit Union

P

NR

19/04/18

Y

TD

2.50%

2,000,000.00

02/01/18

1,000,000

ME Bank

N

BBB

04/04/18

Y

TD

2.40%

1,000,000.00

02/01/18

2,000,000

ME Bank

N

BBB

04/07/18

Y

TD

2.55%

2,000,000.00

09/01/18

1,000,000

Gateway Credit Union

N

NR

11/05/18

Y

TD

2.50%

1,000,000.00

10/01/18

1,000,000

Bankwest

P

AA-

10/04/18

N

TD

2.50%

1,000,000.00

12/01/18

1,000,000

Bank of Queensland

N

BBB+

12/06/18

N

TD

2.55%

1,000,000.00

12/01/18

1,000,000

Bankwest

N

AA-

12/06/18

N

TD

2.55%

1,000,000.00

12/01/18

1,000,000

Bankwest

N

AA-

12/04/18

N

TD

2.50%

1,000,000.00

23/01/18

1,000,000

AMP Bank

P

A

23/07/18

N

TD

2.60%

1,000,000.00

24/01/18

1,000,000

ME Bank

N

BBB

24/07/18

Y

TD

2.60%

1,000,000.00

29/01/18

2,000,000

Rural Bank

P

BBB+

30/07/18

Y

TD

2.60%

2,000,000.00

31/01/18

2,000,000

AMP Bank

N

A

03/08/18

N

TD

2.60%

2,000,000.00

02/02/18

1,000,000

Rural Bank

N

BBB+

02/08/18

Y

TD

2.62%

1,000,000.00

05/02/18

2,000,000

NAB

N

AA-

07/05/18

N

TD

2.47%

1,000,000.00

06/02/18

2,000,000

Bankwest

N

AA-

15/05/18

N

TD

2.45%

2,000,000.00

06/02/18

1,000,000

Gateway Credit Union

N

NR

07/05/18

Y

TD

2.55%

1,000,000.00

07/02/18

2,000,000

ME Bank

N

BBB

08/05/18

Y

TD

2.45%

2,000,000.00

07/02/18

2,000,000

Beyond Bank

P

BBB

18/06/18

Y

TD

2.50%

2,000,000.00

08/02/18

1,000,000

AMP

N

A

08/08/18

N

TD

2.60%

2,000,000.00

15/02/18

1,000,000

Bankwest

N

AA-

15/06/18

N

TD

2.50%

1,000,000.00

15/02/18

1,000,000

Police Credit Union Limited (SA)

N

NR

15/08/18

Y

TD

2.61%

1,000,000.00

16/02/18

1,000,000

Hunter United Employees Credit Union

N

NR

17/05/18

U

TD

2.45%

1,000,000.00

16/02/18

1,000,000

Gateway Credit Union

N

NR

18/06/18

Y

TD

2.45%

1,000,000.00

26/02/18

1,000,000

B & E Ltd (Bank of Us)

P

NR

28/05/18

U

TD

2.48%

1,000,000.00

26/02/18

1,000,000

ME Bank

N

BBB

28/05/18

Y

TD

2.38%

1,000,000.00

28/02/18

1,500,000

Defence Bank

P

BBB

29/05/18

U

TD

2.40%

1,500,000.00

28/02/18

1,000,000

ME Bank

N

  BBB

29/05/18

Y

TD

2.35%

1,000,000.00

01/03/18

1,000,000

Defence Bank

N

BBB

01/08/18

U

TD

2.50%

1,000,000.00

05/03/18

1,000,000

NAB

N

AA-

05/06/18

N

TD

2.54%

1,000,000.00

06/03/18

2,000,000

My State Bank

N

BBB

06/09/18

Y

TD

2.65%

2,000,000.00

06/03/18

1,000,000

Bananacoast Credit Union

N

NR

06/09/18

Y

TD

2.60%

1,000,000.00

07/03/18

1,000,000

Beyond Bank

N

BBB

09/07/18

Y

TD

2.50%

1,000,000.00

07/03/18

1,000,000

Bananacoast Credit Union

N

NR

07/08/18

Y

TD

2.55%

1,000,000.00

14/03/18

1,000,000

NAB

N

AA-

16/07/18

N

TD

2.58%

1,000,000.00

15/03/18

1,000,000

Auswide Bank Ltd

P

BBB-

15/06/18

Y

TD

2.51%

1,000,000.00

15/03/18

1,000,000

The Capricornian Credit Union

N

NR

15/06/18

U

TD

2.55%

1,000,000.00

16/03/18

1,000,000

The Capricornian Credit Union

N

NR

17/09/18

U

TD

2.80%

1,000,000.00

28/03/18

1,000,000

Bankwest

N

AA-

26/06/18

N

TD

2.50%

1,000,000.00

N/A

574,357

CBA Business Online Saver

N

A

N/A

N

CALL

1.40%

574,357.30

 

12/01/18

1,003,599

NSW Treasury Corp

N

AAA

N/A

Y

CALL

1.27%

1,003,599.31

Total

76,477,956                                                                                                                                                                             

 

 

 

 

 

AVG

2.53%

76,492,699.67

 

Note 1.

CP = Capital protection on maturity

 

N = No Capital Protection

 

Y = Fully covered by Government Guarantee

 

P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

 

 

Note 2.

No Fossil Fuel ADI

 

Y = No investment in Fossil Fuels

 

N = Investment in Fossil Fuels

 

U = Unknown Status

 

Note 3.

Type

Description

 

 

B

Bonds

Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter.

 

FRN

Floating Rate Note

Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter.

 

TD

Term Deposit

Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term.

 

CALL

Call Account

Principal varies due to cash flow demands from deposits/withdrawals, interest is payable on the daily balance.

 

Environmental and Socially Responsible Investing

 

An additional column has been added to the schedule of Investments above, to identify if the financial institution holding the Council investment, has been assessed as a ‘No Fossil Fuel’ investing institution.  This information has been sourced through www.marketforces.org.au and identifies financial institutions that either invest in fossil fuel related industries or do not.  The graph below highlights the percentage of each classification across Council’s total investment portfolio in respect of fossil fuels only.

 

The notion of Environmental and Socially Responsible Investing is much broader than whether a financial institution as rated by ‘marketforces.org.au’ invests in fossil fuels or not.  Council’s current Investment Policy defines Environmental and Socially Responsible Investing at Section 4.1 of the Policy.  Council’s Investment Policy can be found at the following link:

 

https://www.byron.nsw.gov.au/files/assets/public/hptrim/corporate-management-policies-current/council-investments-policy-2017-current_policies.pdf

 

 

 

In this regard Council has an additional two investments that are with financial institutions that invest in fossil fuels but the purposes of the investments are in accord with the broader definition of Environmental and Socially Responsible investments as indicated below:

 

1.  $1,000,000 investment with the National Australia Bank maturing on 24 March 2022 known as a Social Bond that promotes Gender Equity.

 

2.  $1,000,000 investment with Commonwealth Bank maturing on 31 March 2022 known as a Climate Bond.

 

For the month of March 2018, as indicated in the table below, there is a dissection of the investment portfolio by investment type:

 

Dissection of Council Investment Portfolio as at 31 March 2018

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

71,500,000.00

Term Deposits

71,500,000.00

0.00

2,400,000.00

Floating Rate Note

2,403,642.89

3,642.89

574,357.30

Business On-Line Saver (At Call)

574,357.30

0.00

1,003,599.31

NSW Treasury Corp (T Corp)

1,003,599.31

0.00

1,000,000.00

Bonds

1,011,100.17

11,100.17

76,477,956.61

 

76,492,699.67

14,743.06

 

The current value of an investment compared to the principal value (face value or original purchase price) provides an indication of the performance of the investment without reference to the coupon (interest) rate. The current value represents the value received if an investment was sold or traded in the current market, in addition to the interest received.

 

The table below provides a reconciliation of investment purchases and maturities for month of March 2018 on a current market value basis. 

 

Movement in Investment Portfolio – March 2018

 

Item

Current Market  Value (at end of month) $

Opening Balance at 1 March 2018

77,990,508.24

Add: New Investments Purchased

12,000,000.00

Add: Call Account Additions

0.00

Add: Interest from Call Account

1,256.78

Less: Investments Matured

13,500,000.00

Add: T Corp Additions

0.00

Add: Interest from T Corp

934.65

Less: Call Account Redemption

0.00

Less: Fair Value Movement for period

0.00

 

Closing Balance at 31 March 2018

76,492,699.67

 

Investments Maturities and Returns – March 2018

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

1,000,000

Defence Bank

TD

01/03/18

90

2.50%

6,164.38

1,000,000

NAB

TD

05/03/18

152

2.55%

10,619.18

1,500,000

ME Bank

TD

06/03/18

92

2.40%

9,073.97

1,000,000

Bananacoast Credit Union

TD

06/03/18

182

2.60%

12,964.38

1,000,000

Bananacoast Credit Union

TD

07/03/18

182

2.60%

12,964.38

2,000,000

ME Bank

TD

13/03/18

123

2.42%

16,310.14

1,000,000

Auswide Bank Ltd

TD

15/03/18

90

2.45%

6,041.10

1,000,000

Peoples Choice Credit Union

TD

15/03/18

181

2.55%

12,645.20

1,000,000

The Capricornian

TD

15/03/18

120

2.50%

8,219.18

1,000,000

Bank of Queensland

TD

19/03/18

122

2.45%

8,189.04

1,000,000

Bank of Queensland

TD

27/03/18

181

2.50%

12,397.26

1,000,000

Defence Bank

TD

20/03/18

109

2.50%

7,465.75

13,500,000

 

 

 

 

 

123,053.96

         

The overall ‘cash position’ of Council is not only measured by what funds Council has invested but also by what funds Council has retained in its consolidated fund or bank account as well for operational purposes. In this regard, for the month of March 2018 the table below identifies the overall cash position of Council as follows:

 

 

Dissection of Council Cash Position as at 31 March 2018

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

71,500,000.00

71,500,000.00

0.00

Floating Rate Note

2,400,000.00

2,403,642.89

3,642.89

Business On-Line Saver (At Call)

574,357.30

574,357.30

0.00

NSW Treasury Corp (T Corp)

1,003,599.31

1,003,599.31

0.00

Bonds

1,000,000.00

1,011,100.17

11,100.17

Total Investment Portfolio

76,477,956.61

76,492,699.67

14,743.06

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

1,546,689.17

1,546,689.17

  0.00

Total Cash at Bank

1,546,689.17

1,546,689.17

  0.00

 

 

 

 

Total Cash Position

78,024,645.78

78,039,388.84

14,743.06

 

Financial Implications

 

Council uses a diversified mix of investments to achieve short, medium and long-term results.

 

Statutory and Policy Compliance Implications

 

In accordance with Regulation 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies Council has invested under section 625 of the Local Government Act 1993.

 

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported.  In this regard, the current Council Meeting cycle does not always allow this to occur, especially when investment valuations required for the preparation of the report, are often received after the deadline for the submission of reports for the meeting.  Endeavours will be made to ensure the required report will be provided to Council and this will for some months require reporting for one or more months.

 

Council’s investments are carried out in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Ministers Order – Forms of Investment, last published in the Government Gazette on 11 February 2011.

 

Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

 

Council at its Ordinary Meeting held 8 October 2015 resolved through resolution 15-515 to insert a new objective into its adopted Investment Policy, which gives a third tier consideration by Council to Environmental and Socially Responsible Investments, when making investment decisions.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Stronger Country Communities Fund Round 2

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

Bronwyn Challis, Strategic Procurement Co-ordinator

File No:                        I2018/637

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

The NSW Government opened the second round of the Stronger Country Communities Fund on 12 March 2018, with applications due on 4 May 2018.

 

At its meeting on 22 March 2018, Council resolved (Res 18-184) to support community groups to apply for funding for suitable projects through Council.

 

Following submission of project nominations from the community, a panel will consider the nominations and decide the priority ranking of the projects supported by Council. The panel will consist of nominated Councillors, with the Parliamentary Secretary for the North Coast and the Member for Ballina being invited. Final grant applications are required to be submitted to the funding body by 4 May 2018.

 

Nominations are sought from Councillors who would be interested in being on the panel to consider the applications.

  

 

RECOMMENDATION:

That the following Councillors sit on the panel to review community infrastructure grant applications: Councillor ____________, Councillor ____________, Councillor ____________, and Councillor ____________.

 

 

 

 

 

 


 

Report

 

The NSW Government opened the second round of the Stronger Country Communities Fund on 12 March 2018, with applications due on 4 May 2018.

 

The funding body requires from Council:

 

·   More than one application

·   Equal number of community amenity and sports infrastructure applications

·   Substantial communications and engagement program to support application, including identified community priorities for each project.

 

From previous experience with the SCCF application process for Round One and the extensive documentation required, Council does not have the resources available to complete multiple applications in the required timeframe. 

 

At its meeting on 22 March 2018, Council resolved (Res 18-184) to nominate the Broken Head Road Cycleway project as the Council-nominated projects and encourage community groups to apply for funding for suitable projects through Council.

 

Council has announced this opportunity to the Byron Shire Community and held workshops with interested community groups and members on 6 April and 9 April 2018 to assist them with the grant writing and application process.

 

Project nominations are required to be submitted to Council by 30 April 2018.

 

Following submission of project nominations from the community, a panel will consider the nominations and decide the priority ranking of the projects supported by Council. The panel will consist of nominated Councillors, with the Parliamentary Secretary for the North Coast and the Member for Ballina being invited. Final grant applications are required to be submitted to the funding body by 4 May 2018.

 

Nominations are sought from Councillors who would be interested in being on the panel to consider the nominations.

 

Financial Implications

 

Successful submission of grant applications for community infrastructure may result in projects being funded that may not otherwise have been.

 

Statutory and Policy Compliance Implications

 

Council is required under Section 409 3(c) of the Local Government Act 1993 to ensure that “money that has been received from the Government or from a public authority by way of a specific purpose advance or grant, may not, except with the consent of the Government or public authority, be used otherwise than for that specific purpose.” This legislative requirement governs Council’s administration of grants.

  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.7

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.7           PLANNING - Development Application 10.2017.712.1 for Strata Subdivision to create two lots, relocation of and alterations to an existing dwelling at 25 Strand Avenue New Brighton

Directorate:                 Sustainable Environment and Economy

Report Author:           Rob Van Iersel, Major Projects Planner

File No:                        I2018/463

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

 

Proposal description:

Relocation of and Alterations and Additions to Existing Dwelling House, Tree Removal and Strata Subdivision to create Two (2) Strata Lots

Property description:

LOT: 2 DP: 536175

25 Strand Avenue NEW BRIGHTON

Parcel No/s:

91210

Applicant:

Joe Davidson Town Planning

Owner:

Kratzke Investments Pty Ltd & P & R Lee Holdings Pty Ltd

Zoning:

DM Deferred Matter (7(f2) Urban Coastal Lands under Byron LEP 1988)

Date received:

12 December 2017

Integrated Development:

No

Public notification or exhibition:

-    Level 1 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 28/12/17 to 10/1/18 (re-exhibited due to holiday period: 25/01/18 to 07/02/18)

-    No submissions received

Delegation to determination:

Council

 

Issues:

·    Coastal hazards

·    Suitability of the site

·    Public Interest

 

Summary:

 

The application proposes a strata subdivision of the land, to create two lots of 1,030m2 and 975m2.  Proposed Lot 1 (1,030m2) includes an access-handle 5.3m wide onto Strand Avenue.  It will be vacant.

 

Alterations are proposed to the existing six-bedroom, two-storey dwelling, which will also be repositioned to be wholly within proposed Lot 2 (975m2). 

 

The proposal includes removal of 13 trees, including 2 trees located in the road reserve of Strand Avenue (Council consent as land owner provided).

 

The repositioning of the dwelling involves its rotation from its existing north/south orientation to an east/west orientation, so that it will be contained wholly within proposed Lot 2.  The alterations proposed include demolition of part of the existing structure, internal reconfiguration of rooms, and extension of external decks on the southern elevation of both levels.

 

The site is located within an identified coastal hazard area.  Previous hazard mapping (for Part J DCP 2010) shows the eastern part of the land within Erosion Precinct 1 and the western part, containing the existing dwelling, within Precinct 2.  The reconfigured dwelling would be repositioned to remain in Precinct 2.

 

Updated coastal hazard mapping, adopted for the purpose of an updated Coastline Management Plan (not yet prepared), shows that the property is significantly impacted, with both the ‘best estimate’ 2050 erosion line and the ‘best estimate’ 2100 line located well within the property.

 

The Coastline Hazards Assessment report (September 2013) indicates that continued coastal erosion is inevitable in the New Brighton locality.  A Coastline Management Plan would address how these ongoing hazards are to be managed in the future.  However, work has not yet commenced on the preparation of such a Plan for this part of the coast.

 

In the absence of a Coastline Management Plan, and given the nature and extent of hazard in this locality it is considered that the site is not suitable for further development.

 

The property is subject to the provisions of Byron Local Environmental Plan 1988.  Clause 32 of that LEP restricts the intensity of development in locations subject to these coastal hazards.  In particular, the provisions of that clause prohibit subdivision of land, although an anomaly in the wording allows subdivision to be approved if it is undertaken under the Strata titling provisions.

 

It is suggested that the intent of that provision was to allow for the subdivision of existing lawfully approved buildings, rather than to allow the creation of vacant lots, as it makes no sense why subdivision to create vacant land would be prohibited for one form of titling but acceptable for another.

 

It is accepted, however, that the current words within the clause do not clearly state that intent.  It is recommended, therefore, that a Planning Proposal be prepared to amend the wording of clause 32 of BLEP 1988 to clarify that Strata title subdivision only be permitted in relation to existing lawfully approved buildings (i.e. no vacant lots).  An associated amendment to Part J of Byron Development Control Plan 2010 is also recommended.

 

These amendments would continue to restrict the intensification of land use within high risk areas prior to the development of a Coastal Zone Management Plan.

 

The proposed development is not considered to be suitable in that it would result in intensification of development in an area subject to significant natural hazards (coastal erosion and flooding).  The applicant has also failed to demonstrate that stormwater can be adequately managed in accordance with Council’s standards.  Refusal of the development application is recommended.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

  


 

 

RECOMMENDATION:

1.       That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2017.712.1 for Relocation of and Alterations and Additions to Existing Dwelling House, Tree Removal and Strata Subdivision to create Two (2) Strata Lots be refused for the following reasons:

a)    Pursuant to S79C(1)(c) of the Environmental Planning & Assessment Act 1979, the subject land is not considered suitable for the development as proposed given the nature and extent of coastal hazard;

b)    Pursuant to S79C(1)(e) of the Environmental Planning & Assessment Act 1979, approval of the development is not in the public interest in regard to intensifying development in a location subject to significant coastal hazard and flood hazard.

c)    Pursuant to S79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, approval of the development is not consistent with the provisions of State Environmental Planning Policy No. 71, in that the type, bulk, scale and size of the development is not appropriate to its location.

d)    Pursuant to S79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, approval of the development is not consistent with the aims, objectives and guiding principles of Byron Local Environmental Plan 1988.

e)    Pursuant to S79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, approval of the development is not consistent with the objectives of clause 32 of Byron Local Environmental Plan 1988.

f)     Pursuant to S79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, Council is not satisfied that the proposed subdivision would not restrict the flow characteristics of flood waters, increase the level of flooding on other land in the vicinity or provide satisfactory access during a flood, which compromises clause 24(3) of Byron LEP 1988.

g)    Pursuant to S79C(1)(a)(iii) of the Environmental Planning & Assessment Act 1979, insufficient information has been provided to demonstrate that the proposed stormwater management system for the subdivision could be feasible within the site, as required by Part N2 of DCP 2010.  A lawful point of discharge has not been provided to the development, which compromises Part N3.1 of DCP 2010.

 

2.       That Council:

a)    agree to initiate a Planning Proposal to amend clause 32 of Byron Local Environmental Plan 1988, to clarify that subdivision of land under the Strata Schemes Development Act 2015 is only permitted in relation to existing lawfully approved buildings, and not to create vacant lots.

b)    prepare an amendment to Part J of Byron Development Control Plan 2010 to clarify that subdivision of land under the Strata Schemes Development Act 2015 is only permitted in relation to existing lawfully approved buildings, and not to create vacant lots.

c)    forward the planning proposal to the NSW Department of Planning and Environment for a Gateway determination.

d)    agree that staff can proceed to public exhibition of the planning proposal and the draft DCP amendment and government agency consultation based on the Gateway determination issued by the NSW Department of Planning and Environment, and report back to Council as part of post-exhibition reporting.

 

 

Attachments:

 

1        Attachment A Plans - DA 10.2017.712.1, E2018/24924

 

Assessment:

 

1.         INTRODUCTION

 

1.1.          History/Background

 

DA 5.1987.308.1

Two-storey dwelling

Approved 02/07/87

BA 6.1988.2337.1

Two-storey dwelling

Approved 01/09/88

DA 10.2008.715.1

1.8m front fence

Approved 03/02/09

 

1.2.          Description of the proposed development

 

This application seeks approval for Relocation of and Alterations and Additions to Existing Dwelling House, Tree Removal and Strata Subdivision to create Two (2) Strata Lots.

 

The strata subdivision of the land will create:

·    Lot 1 – 1,030m2; a vacant lot on the northern side of the existing lot, with a 5.3m wide access handle, positioned at the western end of the lot, to Strand Avenue.  The lot will be vacant.

·    Lot 2 – 975m2; on the southern side of the existing lot, to contain the repositioned dwelling.

 

Existing Property:

 

Proposed Strata Subdivision:

 

Alterations are proposed to the existing six-bedroom, two-storey dwelling, which will also be repositioned to be wholly within proposed Lot 2 (i.e. reorientated 900).  The alterations involve:

·     Lower level – demolition of part of a bedroom and rumpus room and removal of a deck; reconfiguration of internal space to provide two bedrooms, a bathroom, laundry and new living area, and extension of external deck, including stairs to upper floor (existing double-garage retained);

·     Upper level – demolition of two bedrooms, a bathroom and deck, and reconfiguration to provide four bedrooms, two with ensuite bathrooms, two additional bedrooms, kitchen, dining, lounge and new external covered deck.

 

The total floor space of the renovated and reoriented dwelling will be approx. 185m2

 

The proposal includes removal of 13 trees, including 2 trees located in the road reserve of Strand Avenue (Council consent as land owner provided).

 

The property is located within a coastal erosion precinct.  The existing dwelling pre-dates the DCP requirement to be removable.  The reorientation of the dwelling will not result in a modular structure that is able to be removed, and the application suggests that, in the circumstances, demolition of the structure would be required if the erosion escarpment condition is triggered in the future.

 

Development on the vacant strata lot would be subject to a separate DA process.

 

1.3.          Description of the site

 

Land is legally described as

LOT: 2 DP: 536175

Property address is

25 Strand Avenue NEW BRIGHTON

Land is zoned:

DM Deferred Matter (7(f2) Urban Coastal Lands under BLEP 1988)

Land area is:

2,023m2

Property is constrained by:

Acid Sulfate Soils Class 3 & 5

 

Coastal Erosion Precinct 1 & 2

 

Updated Coastal Hazard Mapping

(see detailed mapping below)

 

Flood Prone Land (whole site)

 

Threatened flora/fauna

 

The Site – showing proximity to beach and scale of existing development in immediate locality

 

2.         SUMMARY OF REFERRALS

 

Referral

Issue

Development Engineer

Application not supported due to concerns relating to flooding and stormwater – see below.

S64 / Systems Planning Officer

No objections subject to conditions.

S64 levies are payable

S94 / Contributions Officer

No objections subject to conditions.

S94 Contributions are payable

Ecologist

Application is not supported.  See Issues (below)

 

Issues:

Stormwater:

The application includes a concept Stormwater Management Plan, prepared on the basis of a dual occupancy, rather than a land subdivision.  It does not meet with requirements of Council’s DCP in regard to dual occupancies.

 

Insufficient information has been provided to demonstrate that the proposed stormwater management system for the subdivision could be feasible within the site, as required by Part N2 of DCP 2010, particularly regarding existing site elevations relative to existing kerb and gutter.  A lawful point of discharge has not been provided to the development, which compromises Part N3.1 of DCP 2010.

 

Flooding:

The Marshalls Creek Floodplain Management Plan (Paterson Consultants Pty Ltd, November 1997) permits limited filling for driveway works subject to the provision of local drainage patterns not being adversely affected.  The proposed subdivision will likely adversely affect local drainage provisions, and as such Council can not be satisfied that the requirements of clause 24 of BLEP 1988 can be satisfied (see further information below).

 

Vehicle access will be restricted during storm events greater than a Q20 year which provide a reasonable level of service.  Evacuation will be managed by SES in accordance with flood excavation plan developed with SES and available on Council’s web-site if evacuation is required.  The additional allotment requiring evacuation is not a significant economic impact on the community, however the cumulative impact of similar developments should be considered and given the Marshalls Creek Floodplain Management Plan (Paterson Consultants Pty Ltd, November 1997) requires the building footprint to be limited to a single dwelling on any one allotment, Council can not be satisfied that this clause is satisfied.

 

Ecology:

The site contains areas of native vegetation as well as planted non-local natives and exotic species.  The application proposes the removal of 13 trees.  Plans submitted with the application, however, indicate that two additional trees would potentially be impacted by the development works.

 

Council’s Ecologist is not satisfied that the proposed planting is sufficient in terms of species type or number to offset the ecological impacts associated with the tree removal proposed, although this issue could be addressed by way of conditions of consent should approval of the application be recommended.


 

 

3.         SECTION 79BA – BUSH FIRE PRONE LAND

 

Under section 79BA of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land, that the development complies with the document ‘Planning for Bush Fire Protection 2006’.  The site is not bush fire prone land.

 

EFFECT OF 10/50 RULE ON SIGNIFICANT VEGETATION

 

The property is not located in a designated 10/50 vegetation clearing entitlement area.

 

4.         SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

Having regard to the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979 (EP&A Act), the following is a summary of the evaluation of the issues.

 

4.1       State Environmental Planning Instruments

 

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy No 14—Coastal Wetlands

Consideration: There are no SEPP 14 wetlands in the vicinity.

State Environmental Planning Policy No 26—Littoral Rainforests

Consideration: There are no SEPP 26 Littoral Rainforests in the vicinity.

State Environmental Planning Policy No 44—Koala Habitat Protection

Consideration: The site has an area less than 1ha.  Therefore, the development control provisions of this SEPP do not apply.

State Environmental Planning Policy No 55—Remediation of Land

Consideration: The property has been occupied for residential purposes for over three decades.  There is no history of land use that would suggest a potential for soil contamination.

State Environmental Planning Policy No 71—Coastal Protection

Consideration: See further assessment below.

 

SEPP 71 – Coastal Protection

Cl. 8 Matters for Consideration:

 

(a)   the aims of this Policy set out in clause 2:

 

(a)   to protect and manage the natural, cultural, recreational and economic attributes of the New South Wales coast, and

Not directly applicable.

(b)   to protect and improve existing public access to and along coastal foreshores to the extent that this is compatible with the natural attributes of the coastal foreshore, and

The proposed development does not impeded coastal foreshore access in the short term.

(c)   to ensure that new opportunities for public access to and along coastal foreshores are identified and realised to the extent that this is compatible with the natural attributes of the coastal foreshore, and

Not directly applicable.

(d)   to protect and preserve Aboriginal cultural heritage, and Aboriginal places, values, customs, beliefs and traditional knowledge, and

No perceived impacts.

(e)   to ensure that the visual amenity of the coast is protected, and

Minimal impact on visual amenity.

(f)    to protect and preserve beach environments and beach amenity, and

Minimal impact on beach amenity.

(g)   to protect and preserve native coastal vegetation, and

Tree clearing is proposed – see comments in this report.

(h)   to protect and preserve the marine environment of New South Wales, and

Not directly applicable.

(i)    to protect and preserve rock platforms, and

Not directly applicable.

(j)    to manage the coastal zone in accordance with the principles of ecologically sustainable development (within the meaning of section 6 (2) of the Protection of the Environment Administration Act 1991), and

A precautionary approach would suggest that, in the absence of a Management Plan to address known coastal risks/ hazards, approval of further development in the coastal hazard area is not appropriate.

(k)   to ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and

As above – given the nature and extent of the known coastal hazard, further intensification of development should not be undertaken in the absence of an adopted Management Plan that addresses the risks.

(l)    to encourage a strategic approach to coastal management.

As above.

(b)   existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved

The proposed development does not impeded coastal foreshore access.

(c)   opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability

Not directly applicable.

(d)   the suitability of development given its type, location and design and its relationship with the surrounding area

As detailed further in this report, it is considered that the creation of an additional vacant lot is not appropriate in this location given the nature and scale of coastal erosion risks and the fact that Council does not yet have an adopted Management Plan to address the hazard.

(e)   any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore

The development will not result in any significant amenity impacts.

(f)   the scenic qualities of the New South Wales coast, and means to protect and improve these qualities

As above.

(g)   measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats

See ecology comments above.

(h)   measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats

No significant impacts envisaged.

(i)    existing wildlife corridors and the impact of development on these corridors

Not directly applicable.

(j)    the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards

See detailed assessment in this report – the site is located within an identified coastal hazard area.  In the absence of any adopted coastal hazard management options, the development will be impacted by coastal recession/ erosion at some time in the future.

(k)   measures to reduce the potential for conflict between land-based and water-based coastal activities

Not directly applicable.

(l)    measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals

The development will not impact on any known areas of Aboriginal Heritage.

(m) likely impacts of development on the water quality of coastal waterbodies

The development is unlikely to impacts coastal water quality.

(n)   the conservation and preservation of items of heritage, archaeological or historic significance

The development will not impact on any known areas of historic significance.

(o)   only in cases in which a council prepares a draft local environmental plan that applies to land to which this Policy applies, the means to encourage compact towns and cities

Not directly applicable.

(p)   only in cases in which a development application in relation to proposed development is determined:

(i)    the cumulative impacts of the proposed development on the environment, and

(ii)   measures to ensure that water and energy usage by the proposed development is efficient.

The property immediately to the west of the land was subdivided in 2010 to provide 2 vacant strata lots.

Cumulatively, this proposal adds to the intensification of development in this coastal hazard area.

Cl. 13 Flexible zone provisions

Not directly applicable.

Cl. 14 Public access

See above – the proposal does not impede coastal access.

Cl. 15 Effluent disposal

Reticulated sewer is available.

Cl. 16 Stormwater

Stormwater can be adequately managed on site.

 

Coastal Hazards:

The Byron Shire Coastline Hazards Assessment Update (Sept 2013) provides a detailed analysis of the nature and extent of coastal hazards affecting the whole of the Shire.  In relation to New Brighton, the assessment indicates a net shoreline recession equating to 0.1-0.3m/year.  It further notes that factors, such as the beach scraping that has been undertaken in the area, mean that there is some uncertainty in these rates, which could be more than calculated.  It concludes that “there is significant risk of erosion and wave overtopping over-wash to the hind dune areas”, and “the immediate erosion hazard could involve breakthrough to the low land areas behind the dune”.

 

It is noted that no beach scrapping is being undertaken this year.

 

Allowing for the uncertainty, and considering sea level rise predictions, the Assessment has plotted updated Coastal Hazard lines that have a serious impact on the subject property.

 

The “immediate hazard” line is plotted only approx. 12m to the east of the current property boundary.  The “best estimate” of the 2050 erosion line is approx. 20m inside the site, with the 2100 “best estimate” approx. 44m into the property.

 

This hazard assessment clearly shows that the property is significantly affected, raising serious concerns around the suitability of the site for more intensive development.  The hazard assessment is also reflected in the State Government’s draft Coastal Management SEPP, which maps the whole of the land within the Coastal Vulnerability Area (see below).

 

The updated hazard assessment will inform the preparation of a Coastal Zone Management Plan, which will determine how the hazards will be managed into the future.  At this time, however, preparation of the Management Plan is proceeding for Byron Bay, and no work has started on management options for New Brighton.

 

In the absence of management plan work, it is considered that the proposed development is inconsistent with the provisions of SEPP 71, in that it is not suitable for further development.  On this basis, refusal of the development application is recommended.

 

4.2     Byron Local Environmental Plan 1988 (LEP 1988)

 

LEP 1988 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act because it applies to the subject land and the proposed development.

 

In accordance with the LEP clauses 5, 8 and 9:

(a)     The proposed development is defined in the LEP 1988 Dictionary as Dwelling House, and in accordance with the EP&A Act as subdivision of land;

(b)     The land is within the 7(f2) Urban Coastal Lands Zone according to the map under LEP 1988;

(c)     The proposed development is permissible (subject to discussion below); and

(d)     The proposed development is inconsistent with the relevant objectives of the Zone for the following reasons:


 

 

Zone Objective

Consideration

(1)   to identify urban land likely to be influenced by coastal processes,

The land is influenced by coastal process – see further information below.

(2)   to permit urban development within the zone subject to the council having due consideration to the intensity of that development and the likelihood of such development being adversely affected by, or adversely affecting, coastal processes,

While the development is (technically) permissible, the provisions of cl.32 seek to minimise intensification of land uses in the zone. 

It is therefore inconsistent with these zone objectives.

See further discussion below.

(3)   to permit urban development within the zone subject to the council having due consideration to:

(i)    the need to relocate buildings in the long term,

(ii)   the need for development consent to be limited to a particular period,

(iii)   the form, bulk, intensity and nature of the development, and

(iv)  continued safe public access to the site, and

 

(4)   to allow detailed provisions to be made, by means of a development control plan, to set aside specific areas within the zone for different land uses and intensities of development.

 

 

Special Provisions:

 

Cl. 2 Aims, objectives and guiding principles

Guiding Principles:

·     The precautionary principle:  In some circumstances this will mean actions will need to be taken to prevent damage even when it is not certain that damage will occur.

This is directly relevant to the subject application – in the absence of adopted measures to manage the protection of existing development in the face of known coastal hazards/ risks, the precautionary principle is supported by Council’s objectives, expressed in cl. 32 of the LEP, to restrict intensification of development.

The application cannot be supported under the precautionary principle.

 

Cl. 24 Development of flood liable land

Council cannot consent to development on flood prone land unless it is satisfied that:

·     the development would not restrict the flow characteristics of flood waters

The Marshalls Creek Floodplain Management Plan (Paterson Consultants Pty Ltd, November 1997) permits limited filling for driveway works subject to the provision of local drainage patterns not being adversely affected. The proposed subdivision will likely adversely affect local drainage provisions, and as such Council can not be satisfied that this clause is satisfied.


 

·     the development would not increase the level of flooding on other land in the vicinity

The Marshalls Creek Floodplain Management Plan (Paterson Consultants Pty Ltd, November 1997) permits limited filling for driveway works but requires the building footprint to be limited to a single dwelling on any one allotment and as such Council can not be satisfied that this clause is satisfied.

·     the structural characteristics of any building or work the subject of the application are capable of withstanding flooding

The driveway can be constructed to withstand flooding and future highset dwelling construction on the vacant strata lot can be made to comply with this clause.

·     the building is adequately flood proofed

Future highset dwelling construction on the vacant strata lot can be made to comply with this clause by having habitable floors above the flood planning level and flood compatible materials below the flood planning level.

 

Cl. 32 Development within Zone No 7(f2) (Urban Coastal Land Zone)

(3)   Council, in deciding whether to grant consent shall take into consideration:

(a)   the likelihood of the proposed development adversely affecting, or being adversely affected by, coastal processes

See the assessment above.  Based on the recent assessment of coastal hazards (Byron Shire Coastline Hazards Assessment Update, Sept 2013), the whole of the property is located within an area subject to coastal erosion/ recession. 

Both the reoriented existing dwelling and a future dwelling on the proposed vacant lot would be affected by coastal recession within the anticipated lifetime of those buildings.

Council has yet to undertake the work required to address these hazards.  In the absence of an adopted Coastal Zone Management Plan for this section of coast, it is considered that it is inappropriate to approve substantial additional development which will be affected by coastal processes.

(b)   the need to relocate buildings in the long term

Council has a policy of “planned retreat” to manage development in coastal hazard areas, implemented through the provisions of Part J of DCP 2010 (see further detail below).

A key component of this policy is to provide for the relocation/ removal of dwellings/ structures in coastal areas when the erosion escarpment comes within 50m of the building. 

Standard development conditions are implemented on development approvals to implement this policy.  There are, however, known difficulties in implementing the policy and enforcing the conditions of approval and Council does not have unilateral power to remove buildings.

In the event that removal/ demolition is triggered (i.e. when the erosion escarpment comes within 50m of the building), Council would advise the land owner that, in accordance with the terms of the condition, development consent has ceased and the dwelling is to be removed/ demolished.

If no action were taken by the land owner, Council would need to take legal actions for a breach of consent/ condition. 

Conditions of consent can be enforced in two main ways:

·     Council can issue orders under s121B of the Environmental Planning and Assessment Act, but only where the requirements and circumstances set out in s121B are met.  A statutory process must be followed by Council before such an order can be issued.  The recipient of the order has a merit right of appeal to the Land and Environment Court (“Orders pathway”); or

·     civil enforcement proceedings can be brought in the Land and Environment Court seeking orders from the Court to remedy or restrain the alleged breach of the condition of consent (“litigation pathway”).

Restrictions on title, where they exist, could potentially be enforced by proceedings in the Supreme Court.  If Council sought to do this, the affected landowner could raise counter arguments seeking that the restrictions be extinguished, utilising provisions of the Conveyancing Act 1919.

Whether there is an enforcement option open to Council needs to be assessed individually for each landowner, according to the facts and circumstances of each property.

Even if Council could prove that there has been a breach of a consent condition, the Court has discretion as to whether any orders should be made to “remedy” the breach. 

(c)   the need for the development consent to be limited to a particular period

Rather than specify a time limit on approvals, Council’s policy of planned retreat specifies a condition requiring buildings be removed when the erosion escarpment comes within 50m.  See further comments above.

(d)   the form, bulk, intensity and nature of the development

These matters need to be considered in relation to the provisions of parts (4) & (5) below.

Clause 32 is specifically written to limit the intensity of development, prohibiting a range of development, including dual occupancies, and prohibiting the subdivision of land (other than certain cases – discussed further below).

The proposed development would result in an intensification of the use of the site, resulting in two dwellings where there currently is one.  Were it not for the anomaly in the wording of the clause (discussed below), the development as proposed would not be permissible.

(e)   continued safe access to the site

While safe access will be available in the foreseeable future, in the absence of adopted management measures to address coastal recession, continued access cannot be guaranteed in the longer term.

(4)   The council shall not consent to the carrying out of development on land shown edged heavy black and stippled on the map marked “Byron Local Environmental Plan 1988 (Amendment No 66)” for the purpose of clubs, commercial premises, hostels, hotels, motels, residential flat buildings, shops or tourist facilities or for a purpose that would otherwise be permissible with consent under clause 17 (Dual occupancy).

The clear intent of this clause is to restrict the scale and intensity of development in this zone.  In relation to residential development, by specifically prohibiting dual occupancy and residential flat buildings, the intent of the clause is to restrict such development to one dwelling per property.

While the current development does not propose dual occupancy, the end result will be the same – two dwellings on what is currently one parcel of land.

(5)   The Council must not consent to the subdivision of land within Zone No 7 (f2) other than:

(a)   a subdivision under the Strata Schemes (Freehold Development) Act 1973, or

(b)   a subdivision to excise an allotment that is, or that the Council is satisfied is intended to be, used for a public purpose, or

(c)   a subdivision that, in the opinion of the Council, is only a boundary adjustment where no additional lots are created.

There is an anomaly in this clause, particularly when read in conjunction with part (4).  While it is clear why a subdivision for public purposes or a boundary adjustment that does not create additional lots should be acceptable, it is unclear why the creation of one or more vacant lots might be acceptable only under one particular titling system – i.e. strata title, when the clause specifically seeks to restrict the subdivision of land.

It is more likely that the intention of the clause was to allow the strata title subdivision of existing lawfully erected buildings (which is not subdivision of land).

It is acknowledged, however, that the clause is not currently clearly worded to reflect that interpretation. 

The applicant has provided a number of precedent approvals where Council has previously approved vacant strata title lots in the 7(f2) zone.

It is recommended, however, that the wording of this clause of LEP 1988 be amended to clarify the intent, by amending part (a) to read:

a subdivision of an existing lawfully erected building (or buildings) under the Strata Schemes Development Act 2015 (updated legislation) – see Part 6 of this report.

 

Conclusion:

Notwithstanding that the proposed strata subdivision is permissible given the words of the clause, it is considered that the development should not be supported given the resulting form and intensity of development, on a site that is affected by known coastal processes.

 

Cl. 40 Height

The maximum building height within this clause is 9.0m to the topmost part of the building, measured from existing ground level.

 

The plans provided with the application do not provide dimensions or levels to accurately gauge the maximum height of the building.  ‘Scaling’ from the plans indicates that the peak of the roof may be slightly in excess of the 9.0m limit.

 

This could be addressed by a condition if approval is recommended, requiring compliance with the 9.0m limit, to be demonstrated on plans submitted with an application for Construction Certificate.

 

4.3       Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

 

Draft SEPP (Coastal Management) 2016

The Draft Coastal Management State Environmental Planning Policy (SEPP) proposes to establish a new, strategic land use planning framework for coastal management.  It is intended to support the implementation of the management objectives set out in the Coastal Management Act 2016.

 

Once adopted, the Coastal Management SEPP will be the single land use planning policy for coastal development and will bring together and modernise provisions from SEPP 14 (Coastal Wetlands), SEPP 26 (Littoral Rainforests) and SEPP 71 (Coastal Protection).

 

The aim of the Draft SEPP is to promote an integrated and co-ordinated approach to planning in the ‘Coastal Zone’, identifying four coastal management areas:

·    coastal wetlands and littoral rainforests area

·    coastal environment area;

·    coastal use area; and

·    coastal vulnerability area.

 

The whole of the subject site will be mapped within the coastal use area and the coastal vulnerability area.

 

Coastal use area: Similar provisions to SEPP 71, relating to foreshore access and amenity/ overshadowing impacts on the beach.  The application does not raise any issues in this regard.

 

Coastal vulnerability area

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the proposed development:

(a)   if there is an existing beach adjacent to the proposed development – allows for the ambulatory and dynamic nature of the beach and foreshore or provides for beach nourishment, and

As indicated above, in the absence of an adopted Coastal Zone Management Plan for this area, the site will be subject to coastal recession. 

(b)   is not likely to cause increased risk of coastal hazards on that land or other land, and

The development would cause increased risk to the extent that it would provide for an additional dwelling, which will be subject to the identified coastal hazards.

(c)   is not likely to alter coastal processes to the detriment of the natural environment or other land, and

The development is unlikely to alter coastal processes.

(d)   is not likely to reduce the public amenity, access to and use of any beach, foreshore, rock platform or headland adjacent to the proposed development, and

The development will not impact beach access or amenity.

(e)   incorporates appropriate measures to manage risk to life and public safety from coastal hazards.

There are no such measures incorporated into this development, and Council does not have an adopted Management Plan that outlines such measures for this location. 

 

Development consent must not be granted to development on land to which this clause applies unless the consent authority has considered, given anticipated impacts of coastal processes and coastal hazards, whether:

(a)   any proposed buildings or works should be temporary buildings or works, and

See commentary above regarding the removal of the reorientated dwelling.

(b)   whether any use of land should be a temporary use of land.

See comments above.

 

Conclusion:

 

The development as proposed is inconsistent with the provisions of the draft SEPP as they would apply to the Coastal Vulnerability Area.

 

4.4     Byron Shire Development Control Plan 2010 (DCP 2010)

 

DCP 2010 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP& A Act because its purpose is to provide planning strategies and controls for various types of development permissible in accordance with LEP 1988.

 

Part G Vehicular Circulation and Car Parking

Table G2.1 indicates a car parking requirement for a dwelling house with a floor area greater than 100m2 is 2 spaces, plus 1 additional space per 2 bedrooms over 4 bedrooms.

 

In this case, the dwelling has in excess of 100m2 floor area, with 6 bedrooms, requiring the provision of 3 spaces.

 

Only 2 spaces have been provided.  However, there would be sufficient room on the site to accommodate an additional parking space if approval were to be recommended.

 

Part J Coastal Erosion Lands

The eastern part of the property is within Coastal Erosion Precinct 1 – Beach Escarpment to the Immediate Impact Line.   The western part, containing the existing dwelling, is within Precinct 2 – Between the Immediate Impact Line and the 50 year Erosion Line.

 

 

The application states that the reoriented dwelling will remain wholly within Precinct 2. 

 

As outlined above, the most recent erosion study shows different hazard lines, with the immediate impact and best estimate 50 year lines located slightly seaward of the Part J Precinct lines.

 

The more recent lines have not yet been adopted for the purpose of the Development Control Plan, and therefore the Precinct controls in Part J remain applicable.

 

Precinct 2 – Prescriptive Measures:

Development within this precinct will be granted on the understanding that any consent granted will be subject to the proviso that must the erosion escarpment come within 50 metres of any building then the development consent will cease.

A condition to this effect would be imposed on any approval of this application.  See comments above regarding concerns about enforcement of such a condition.

 

If the development consent does cease then the owner of the land will be responsible for the removal of any or all buildings from the site, or, where possible, to a location on the site further than 50 metres from the erosion escarpment.  Prior to lodging an application with Council, the developer of the land must determine whether buildings are to be relocatable or demolished, should the consent cease.

The application proposes that the building would be demolished.

 

Notwithstanding the above, all Class 1 residential buildings (dwelling-houses) must be relocatable. Extensions to existing dwellings may also be required to be demountable, taking into consideration the additional floor space proposed and the likely effect of the extension on the ability of the building to be relocated in an emergency.

The reoriented dwelling, which is a Class 1 building, will not be relocatable.  The application argues that this is not required as it is an existing dwelling.


 

 

4.5       Any Planning Agreement or Draft Planning Agreement?

 

There is not any applicable planning agreement or draft planning agreement relevant to this application.

 

4.6       Environmental Planning & Assessment Regulation 2000 Considerations

 

Clause

This control is applicable to the proposal:

I have considered this control as it relates to the proposal:

If this control is applicable, does the proposal comply?

92 Coastal Policy

Yes (see below)

Yes

Yes

93 Change of Building Use

No

N/A

N/A

94 Rebuilding, enlargement of existing building

Yes

Yes

Yes

94A Temporary structures

No

N/A

N/A

 

The NSW Coastal Policy is the overarching framework for management of the coastal zone.  It is implemented through Coastline Management Planning process and the provisions of SEPP 71.

 

The Coastline Hazards Assessment Update referred to above is the first step in the Coastal Zone Management Process for this locality, having identified the scale and nature of coastal processes and hazards.  The preparation of a Management Plan would be the next step, identifying measures to manage the identified hazards.

 

That work has not yet begun in relation to the New Brighton area.

 

The provisions of SEPP 71 are addressed above.

 

4.7       Any coastal zone management plan?

 

As highlighted above, work has not yet commenced on a Coastal Zone Management Plan for this section of the coast.

 

4.8       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

Impact on:

Likely significant impact/s?

Natural environment

Minimal. The proposal involves tree clearing and therefore will have a some adverse impact on the natural environment of the locality.

Built environment

No.  The proposal will not have a significantly adverse impact on the built environment of the locality.

Social Environment

Yes.  The proposal will have a significant social impact on the locality by providing for a vacant lot that would be developed for additional residential development within a location subject to significant coastal hazard.

Economic impact

Potential.  An increase in the intensity of development in this locality has the potential to increase the future cost of management/ protection works which, ultimately, will be an economic cost to the community.

 

4.9       The suitability of the site for the development

 

As highlighted above, the property is identified as being subject to coastal hazards.  In the absence of management / protection measures, coastal recession will physically impact the land within the lifetime of the proposed dwelling.

 

Council’s policy, as outlined in clause 32 of Byron LEP 1988, is to restrict the intensity of development in locations subject to these coastal hazards.  In particular, the provisions of that clause prohibit subdivision of land, although an anomaly in the wording allows subdivision to be approved if it is undertaken under the Strata titling provisions.

 

It is suggested that the intent of that provision was to allow for the subdivision of existing lawfully approved buildings, rather than to allow the creation of vacant lots, as it makes no sense why the subdivision of land to create vacant lots might be acceptable for one form of titling but not for another.

 

It is accepted, however, that the current words within the clause do not clearly state that intent.

 

Council has not yet started work on a Coastal Zone Management Plan for this section of coast.  Such a Plan would include measures to address the level of risk and clarify the extent to which future development could be supported.

 

In the absence of such a Plan, approval of the current application would provide for additional development that would be subject to coastal recession within its planned lifetime, with no measures in place for Council or the land owner to manage that risk, other than to remove dwellings when the erosion escarpment comes within 50m of the buildings.

 

Legal advice has raised questions regarding the ability for Council to rely on this condition of approval to achieve removal of dwellings.

 

In the circumstances, it is considered that the land is not suitable for the development as proposed.

 

4.10     Submissions made in accordance with this Act or the regulations

 

The development application was publicly exhibited 28/12/17 to 10/1/18; and then re-exhibited due to holiday period from 25/01/18 to 07/02/18.

 

There were no submissions made on the development application.

 

4.11     Public interest

 

The application would result in an intensification of use in this vulnerable area, increasing the burden on Council and the community to protect that development when it is impacted by coastal erosion / recession in the future.

 

In the absence of an adopted Management Plan for this part of the coast, it is considered that intensification of land use is not in the public interest.

 

4.12     Section 5A of the EP&A Act – Significant effect on threatened species

 

Having regard to sections 5A, 5C and 5D of the EP&A Act, there is not likely to be a significant effect on threatened species, populations or ecological communities, or their habitats as a result of the proposed development.


 

 

4.13     Section 5B of the EP&A Act – Have regard to register of critical habitat

 

The NSW Critical Habitat Register does not identify any critical habitat on or adjacent to the site.

 

5.         DEVELOPER CONTRIBUTIONS

 

5.1       Water & Sewer Levies

 

Section 64 levies would be payable if the application were approved.

 

5.2       Section 94 Contributions

 

Section 94 Contributions would be payable if the application were approved.

 

6.         AMENDMENT TO BYRON LEP 1988

 

Byron LEP 1988 will continue to apply to coastal lands identified as being subject to coastal hazard until Council has finalised a review of those lands and determined an appropriate zoning to incorporate into Byron LEP 2014.

 

At this time, the State Government’s Standard LEP Template does not provide a zoning option that is directly equivalent to the 7(f1) or 7(f2) zones.

 

Council is continuing discussions with the State Government in this regard, but it is likely that the situation will take some time to resolve.  In the meantime, it is considered that it worth addressing the anomaly in the clause 32 of the existing clause, to prevent continued pressure to create additional vacant development lots that are subject to coastal hazards.

 

As outlined above, it is suggested that there is an anomaly in the current wording of clause 32 of the LEP, where the subdivision of land is prohibited, apart from subdivision undertaken under the strata titling legislation.

 

Historically, strata title was more or less exclusively used to subdivision existing buildings.  In this context, allowing strata subdivision makes sense, as it is not then the subdivision of land.

 

In more recent time, strata provisions have been used to create vacant allotments, mostly in the case of staged development proposals, where specific building designs have also been approved for the ‘development lot’.

 

It has rarely been used as proposed in this application, to create a vacant allotment not linked to a specified building proposal, as the torrens title (i.e. conventional land subdivision) system is much less cumbersome.

 

Strata subdivision is proposed in this case simply because the words in clause 32(5) are written to allow “a subdivision under the Strata Schemes (Freehold Development) Act 1973” (superseded legislation).

 

It is likely that the intention of the clause was to allow the strata title subdivision of existing lawfully erected buildings.

 

It is acknowledged, however, that the clause does not currently specify that intent, and the applicant has provided a number of precedent approvals where Council has previously approved vacant strata title lots in the 7(f2) zone.  As such, it is not considered appropriate to refuse the current application based on an interpretation of this clause.

 

It is recommended, however, that a Planning Proposal be prepared with the intention of amending the wording of this clause of LEP 1988 to clarify the intent.  It is suggested that clause 32(5)(a) be amended to read:

a subdivision of an existing lawfully erected building (or buildings) under the Strata Schemes Development Act 2015, where no vacant lots result from the subdivision

 

7.         AMENDMENT TO BYRON DCP 2010

 

Part J of the DCP deals with development within identified coastal erosion precincts.  It will continue to apply to deferred areas as long as Byron LEP 1988 is applicable.

 

It is recommended that this part be amended by including the following:

 

J2.6

Element – Subdivision of Land

 

Element Objective

 

Restrict the intensity of development within locations adversely affected by coastal processes.

 

Performance Criteria

 

Development will not be considered where it would result in the creation of vacant land capable of being development for residential purposes.

 

Prescriptive Measures

 

Council will not consent to the subdivision of land within Precincts 1 and 2 other than:

(a)   a subdivision of an existing lawfully erected building (or buildings) under the Strata Schemes Development Act 2015, where no vacant lots result from the subdivision; or

(b)   a subdivision to excise an allotment that is, or that the Council is satisfied is intended to be, used for a public purpose, or

(c)   a subdivision that, in the opinion of the Council, is only a boundary adjustment where no additional lots are created.

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.8

 

 

Report No. 13.8           Compliance – Belongil and Brunswick Dunes

Directorate:                 Sustainable Environment and Economy

Report Author:           Shannon Burt, Director Sustainable Environment and Economy

Andrew Hill, Team Leader Community Enforcement

Sarah Ford, Manager Community Development

File No:                        I2018/71

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Council considered a Report 4.1 Compliance – Belongil and Brunswick Dunes at the Ordinary Meeting 1 December 2017 and resolved as follows:

 

17-614 Resolved in order to minimise illegal visitor use of our dune systems and the corresponding damage it does, that Council:

 

1.   Receives a memorandum by the 14 December meeting detailing current compliance priorities.

 

2.   Receives a memorandum by the 14 December meeting that provides updates on:

 

a)      Actions that have been taken or are planned to be taken to prevent illegal

camping, dumping and other damaging activities at the Belongil sand dunes

following the latest clean-up that occurred on October 24.

b)      Actions that have been taken or are planned to be taken to prevent damage to sand    dunes at Brunswick Heads.

 

3.   Receives a report on current strategies in place for providing assistance to people who are

      homeless that have been or may be impacted by the actions above.

 

The purpose of this report is to update Council on items 1-3 of the resolution.

  

 

RECOMMENDATION:

That Council:

 

1.       Note the report.

 

2.       Support in principle the concept to activate the Belongil area by strategically introducing greater public use through a formal pedestrian/bicycle pathway from Main Beach Car Park to Kendall Street Belongil.

 

3.       Request staff in the Community Enforcement Team to commence preparation of a detailed project plan in consultation with relevant staff in Infrastructure Services and Community Development on item 2.  The project plan will outline the key stages, milestones, stakeholders and a budget outline for the project.

 

 

 

 

 


 

Report

 

1.  Receives a memorandum by the 14 December meeting detailing current compliance priorities.

 

A report was prepared for the 14 December 2017 Council meeting but due to the size of the agenda for that meeting was deferred for 1 February 2018 Council meeting. Links below:

 

Report No. 13.12 Compliance Priorities Program - 2018 File No: I2017/1793

 

http://byron.infocouncil.biz/Open/2018/02/OC_01022018_AGN_758.PDF

 

 

18-032 Resolved:

 

1. That Council note the report.

 

2. That Council adopt the proposed Compliance Priorities Program for 2018 as provided in Attachment 1 (E2017/108374) with the addition of 2 2.2(d) below: 2 2.2(d)Development without consent, or not in accordance with consent, of the nature of Short Term Holiday Letting.

 

 

2. Receives a memorandum by the 14 December meeting that provides updates on:

 

a)      Actions that have been taken or are planned to be taken to prevent illegal

camping, dumping and other damaging activities at the Belongil sand dunes

following the latest clean-up that occurred on October 24.

 

b)      Actions that have been taken or are planned to be taken to prevent damage to sand dunes at Brunswick Heads.

 

CAVANBAH DUNES (Belongil Sand Dunes)

 

Background

 

In 2004 Council obtained a vegetation management plan for the site titled Vegetation Management Plan Cavanbah Dunes (East Belongil) Byron Bay.

 

Since 2004 Council and the community have experienced mixed success in rehabilitating and maintaining the site. However, over time the site has continued to be degraded as a result of unauthorised camping, weed infestation, unmitigated tracks and damage caused by the hail storm in November 2013.

 

The site is experiencing a substantial die-back event, mostly comprising advanced native trees. The die-back event is a result of the 2013 hail storm, which has caused further weed infestations.

 

Unauthorised camping has caused significant impacts on the site including vegetation destruction, rubbish dumping, littering and unmitigated formation of tracks. The vegetation destruction and rubbish dumping by campers has contributed to the rapid growth of invasive weeds including Lantana (Lantana camara), Bitou Bush (Chrysanthemoides monilifera ssp rotundata), Umbrella Tree (Schefflera actinophylla), Ground Asparagus (Asparagus aethiopicus), Glory Lily (Gloriasa superba), Mickey Mouse Bush (Ochna serrulata), Winter Senna (Senna pendula var. glabrata) and Camphor laurel (Cinnamomum camphora).

 

Council’s Community Enforcement Team has been carrying out patrols of the area with assistance of the Police and Council clean up crews.

The subject site is somewhat isolated and the thickets of weeds with discrete access tracks have made the site popular for users of illicit drugs. Used syringes are a common occurrence and care needs to be taken by Council and the Police to avoid needle stick injuries. This situation also poses a significant public health and safety risk.

 

Between December 2016 and August 2017 Council has incurred $11,157 in costs associated with cleaning up the site after illegal camping in the area.

 

Site Description

 

The site commences at the western end of Main Beach car park and extends to the intersection of Kendall Street and Border Street. The site is approximately 800 metres in length and is variable in width up to about 90 metres.

 

Land Status

 

The site that is subject to this report comprises land owned by Council (Red Edge), Crown land managed by Council (Yellow Edge) and road reserve partly maintained by Council (White Shade). Refer to the diagram below.

 

http://gisappserver.byron.nsw.gov.au/Geocortex/Essentials/GXE471_Live/REST/TempFiles/Export.jpg?guid=63c5997a-d48f-4510-a191-76c78b83a9da&contentType=image%2Fjpeg

Diagram A. Land Status - Land owned by Council (Red Edge), Crown land managed by Council (Yellow Edge) and road reserve partly maintained by Council (White Shade). Refer to the diagram below.

 

 

Diagram B. Blue line existing track. Yellow line proposed path.

 

Proposal

 

It is proposed to activate the area by strategically introducing greater public use. It is suggested that a formal pedestrian/bicycle pathway be constructed from Main Beach Car Park to Kendall Street Belongil. The blue line depicted in diagram B above comprises an existing track that previously served an overhead power line. The power line is now redundant. This existing track would only require minor improvement works to be to be suitable for the purpose. The remainder of the proposed pathway may require more substantial work.

 

The introduction of the proposed path would promote passive surveillance and facilitate greater access by Council and the community to maintain the area. 

 

BRUNSWICK HEADS (Brunswick Sand Dunes)

 

The Brunswick Heads dunal area does not have the significant numbers of unauthorised campers as the Belongil area.  The majority of unauthorised campers identified in the Brunswick Heads area are in campervans or vehicles, parked in the streets.  These campers are regularly fined by community enforcement officers during morning patrols.  Local police and Council officers are also aware that a number of unauthorised campers are located on a large area of private land that is set for development, located at the end of Torakina Road.  Police and Council have communicated with the owner of the land in an effort to reduce authorised camping and its associated affects in this area.

 

Community enforcement officers have also identified the presence of unauthorised camping taking place in the bushland/dunes located on Crown Land, South of the Brunswick Heads Surf Life Saving Club.  The numbers of campers appear to be smaller at this time but may have the potential to cause impacts on the Crown Land including vegetation destruction, rubbish dumping, littering and unmitigated formation of tracks.

 

3. Receives a report on current strategies in place for providing assistance to people who are homeless that have been or may be impacted by the actions above.

 

Council’s Community Enforcement Team implement the terms of Council’s Homelessness Policy, particularly in regards to Annexure A, which provides a “Protocol for Dealing with homeless People”. This protocol requires cooperation between Council officers and the NSW Police Service.

 

file://fapmho2/users$/sburt/Downloads/Policy-Homelessness-2015-current_policies.pdf

 

When carrying out patrols of the site Council officers are usually accompanied by Police. Both Police and Council officers are in regular communication with each other. We are familiar with the identity of homeless persons in Byron Bay and we have a good understanding as to who are genuinely homeless.

 

When a homeless person is found in this area Council officers and the Police generally leave them alone, unless there is an issue with that person behaving in a disorderly manner or is a danger to themselves, others or property. Council officers do not have the powers to move people on and therefore we rely on the Police to do so, but only when necessary.

 

Council and the Police always make an effort to ensure homeless people are informed of relevant support services available in Byron Bay. Unfortunately genuine homeless people do not form the majority of campers that use the site. Most campers that use this site are predominantly, tourists backpackers and itinerate workers avoiding the need to pay for accommodation in backpacker hostels or caravan parks/camping grounds.

 

Council’s Community Development Team continues to work with State agencies and local service providers to develop strategies to respond to rough sleeping in the Shire. It is recognised that a multiagency response is required in relation to the complex nature of rough sleeping and the lack of funding and services available for people experiencing chronic homelessness. Community Development plays a key role in collecting data to support improved collaboration and investment in the Shire.  

 

Financial Implications

 

As discussed in the report. There are costs to Council to patrol, monitor activity and clean up the dune areas.

 

Statutory and Policy Compliance Implications

 

Council’ Enforcement Policy and Homelessness Policy

Local Government Act and other related Acts and Regulations

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.9

 

 

Report No. 13.9           PLANNING - Site Specific Planning Proposal considered as part the Rural Land Use Strategy Process - 74 Charltons Road, Federal

Directorate:                 Sustainable Environment and Economy

Report Author:           Alex Caras, Land Use Plannning Coordinator  

File No:                        I2018/76

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

Council at its 26 October 2017 Ordinary Meeting considered a report on the draft Rural Land Use Strategy and resolved (in part) to:

 

“4.     Receive a report at the meeting on 23 November 2017 regarding site specific planning proposals being considered as part of the RLUS including at 74 Charltons Road, Federal”.

 

Council at its 28 November 2017 extra ordinary Meeting resolved (in part) to:

 

“2      Defer consideration of Planning Proposals concerning 74 Charlton’s Road, Federal until site visits have been arranged.”

 

Councillors undertook a site inspection on 17 April 2018.

 

This report presents a summary of the relevant information in response to item ‘2’ of the above resolution, and recommends that the planning proposal not proceed any further.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

  

 

RECOMMENDATION:

That Council:

1.       Resolve not to proceed any further with the Planning Proposal contained in Attachment 1 to this report, as it does not satisfy the Rural Land Use Strategy criteria for future rural lifestyle living opportunities or accord with the State/regional policy framework (namely the North Coast Regional Plan and s117 Ministerial Direction 5.3).

2.       Notify the applicant of Council’s decision not to proceed and their opportunity to request the relevant Planning Panel to review council’s decision within 42 days of being notified.

 

 

Attachments:

 

1        Copy of Planning Proposal 74 Charltons Road Federal, E2017/103100

2        Letter to applicant re Planning Proposal 74 Charltons Road Federal, E2018/22866

3        Form of Special Discloure of Precinary Interest, E2012/2815

 

 


 

Report

 

Council at its 26 October 2017 Ordinary Meeting considered a report on the draft Rural Land Use Strategy and resolved the following:

Resolution 17-504

 

1.       Note the update on priority actions progressed to date as contained in Table 1 of this report;

 

2.       Adopt the proposed amendments to the draft Rural Land Use Strategy (RLUS) and supporting documents, as contained in Table 2 and Table 3 of this report, to enable submission to Department of Planning & Environment;

 

3.       Delegate authority to the Director Sustainable Environment & Economy to amend the draft Rural Land Use Strategy in relation to any consequential (non-policy) and/or other minor editorial amendments required for clarity or accuracy, prior to submitting to Department of Planning & Environment for final endorsement; and

 

4.       Receive a report at the meeting on 23 November 2017 regarding site specific planning proposals being considered as part of the RLUS including at 74 Charltons Road, Federal.

 

Resolution 17-609

 

Council at its 28 November 2017 extra ordinary Meeting resolved (in part) to:

 

 

“2      Defer consideration of Planning Proposals concerning 74 Charlton’s Road, Federal until site visits have been arranged.”

 

Councillors undertook a site inspection of the subject land on 17 April 2018.

 

This report presents a summary of the relevant information in response to item ‘2’ of the above resolution.

 

Background

Council at the 8 August 2013 meeting resolved (Res. 13-388) to include six properties on the Byron LEP 2014 Multiple Occupancy and Community Title Map.  Only one property was supported for inclusion on the Map by the Minister for Planning & Environment’s delegate when the LEP was gazetted.

 

The then Director Environment and Planning wrote to the remaining five property owners to advise them of their options as to how the following properties could progress towards a rural multiple occupancy development.  At the time two options were provided:

 

Ø be considered during preparation of Council’s Rural Land Use Strategy; or

Ø prepare a planning proposal to amend the Byron LEP 2014 ahead of Council completing the Rural Land Use Strategy. 

 

Council subsequently received a planning proposal for Lot 11 DP 1039847, 74 Charlton’s Road, Federal. 


 

The site is shown in Figure 1 below.

 

Figure 1:  Lot 11 DP 1039847, 74 Charlton’s Road, Federal

 

A copy of the planning proposal and supporting information is contained in Attachment 1 (‘Charltons Road’).

 

As the timing of the planning proposal received coincided with preparation of a new Rural Land Use Strategy (RLUS), the applicant was sent a letter advising that the planning proposal would now be considered as part of the strategy process.  Specifically, the area would be “assessed against the site selection criteria being developed as part of this wider land use strategy review. This will determine if the site has merit to be zoned for rural settlement purposes.”  A copy of the letter sent to the applicant is contained in Attachment 2.

This is consistent with Resolution 16-286 relating to other sites considered in Report No 13.11 - Request for an Early Implementation Program to supplement Council’s Rural Lands Strategy Initiative, in which Council resolved:

 

Resolution 16-286

“Resolved that Council not support the “Early Implementation Program to supplement Council’s Rural Land Use Strategy Initiative and instead consider these properties in the Byron Rural Land Use Strategy now under preparation.”

 

Because the applicant was advised that the planning proposal would now be assessed under the RLUS framework, it was not intended at the time to have it separately determined by Council. Instead the more detailed site information contained in the planning proposal would be considered against the RLUS policy directions and site selection criteria, with any final Council decision to coincide with adoption of the RLUS.

 

The applicant took the opportunity to make further submissions during the RLUS exhibition process. 

 


 

Assessment against site selection criteria in Rural Land Use Strategy (as adopted)

                           

Table 1 below shows the relevant criteria applied in assessing the site for ‘future rural lifestyle living opportunities’ in the adopted Rural Land Use Strategy.

 

Table 1 – RLUS criteria for identifying ‘future rural lifestyle living opportunities’

Criteria

74 Charltons Road, Federal

i)    situated west of the Pacific Highway (undeveloped sites only) AND within a 5 km radius of a town with a high school; and

 

 

Ï

 

Outside 5km service catchments of Mullumbimby & Byron Bay

ii)   not identified in a draft or adopted strategy for future urban purposes, or for future village / urban development in this strategy; and

 

 

P

iii)   contains at least 10ha of unconstrained land AND does not require access through constrained land, as identified in Table 1 of the Site Suitability Criteria and Mapping Methodology; and

 

 

Ï

 

No unconstrained land due to the following:

-    regionally significant farmland (entire site)

-    slope > 25% (part of site)

 

iv)  can be adequately serviced by existing or committed road infrastructure at a standard  suitable for the predicted level and type of traffic resulting from development, at no cost to the wider community

 

 

Ï

 

Located outside 5km major service catchment and in an area that cannot be serviced adequately by existing or committed road infrastructure.

 

P= satisfies criteria                 Ï= does not satisfy criteria

 

In summary, the site neither satisfies the RLUS criteria for future rural lifestyle living opportunities nor accords with the State/regional policy framework (namely the North Coast Regional Plan and s117 Ministerial Direction 5.3 - Farmland of State and Regional Significance on the NSW Far North Coast).  It is therefore recommend that the planning proposal not proceed any further.

 

Site visit

 

In accordance with Res 17-609 a councillor site visit was conducted on 17 April 2018.

 

Financial Implications

 

The cost of assessing this planning proposal as part of the Rural Land Use Strategy process has been met by Council.

 

Statutory and Policy Compliance Implications

 

The Rural Land Use Strategy is consistent with the relevant Commonwealth, State and Regional policy frameworks.

Opportunity for Applicant to request a pre-Gateway review

 

The Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) requires councils to notify a proponent when the council decides not to prepare a planning proposal. The proponent then has 42 days from notification to request the relevant Planning Panel to review council’s decision. 

 

Accordingly the applicant should be notified of Council’s decision not to proceed with their respective planning proposal, as recommended in this report. 

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.10

 

 

Report No. 13.10         Draft CZMP for the Eastern Precincts of the BBE for Council endorsement for public exhibition

Directorate:                 Sustainable Environment and Economy

Report Author:           Chloe Dowsett, Coastal and Biodiversity Coordinatior  

File No:                        I2018/239

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

This report presents the draft Coastal Zone Management Plan (CZMP) for the Eastern Precincts of the Byron Bay Embayment (Cape Byron to Main Beach) for Council endorsement to go to public exhibition. Accompanying the draft CZMP, is an Emergency Action Sub Plan (EASP) which details Council’s response to an emergency within the locality of the Eastern Precincts. The EASP forms part of the draft CZMP and is a requirement for Ministerial certification.

 

The draft CZMP has been developed in close consultation with public agencies and the Office of Environment and Heritage (OEH) and is in the final stages of development. Preliminary comments on the draft plan have been provided by some agencies already, however, letters of support are yet to be received.

 

It is critical to have the new CZMP completed and with the Minister for certification prior to the lapsing of the existing legislation’s transitional arrangements. The legislation has now come into effect (3 April 2018); therefore the new CZMP should ideally be with the Minister by end of July 2018, to leave ample time for Ministerial approval of the plan.

 

This report recommends that the draft CZMP is publicly exhibited for a period of 4 weeks. Community and public agency submissions and comments on the draft CZMP will be reviewed during the exhibition period and reported to Council post-exhibition period.

 

Based on the enactment of the legislation timeframes have been further revised as previously reported at the 22 February meeting on the delivery of the CZMP to the Minister and are provided in Table 1 of the report. 

  

 

RECOMMENDATION:

That Council:                                                                                                                                   

 

1.    Publicly exhibit the draft CZMP for the Eastern Precincts of the Byron Bay Embayment (Cape Byron to Main Beach) and the Emergency Action Sub Plan for a period of 4 weeks (Attachment 1 E2018/19317 and Attachment 2  E2018/29660 ).

 

2.    Note the revised timeframes for submission of the draft CZMP to the Minister.

 

 

Attachments:

 

1        Attachment 1 - Draft CZMP for the Eastern Precincts of the BBE and appendices, E2018/19317

2        Attachment 2 - Draft Emergency Action Sub Plan - CZMP for the Eastern Precincts of the BBE, E2018/29660

 


 

Report

 

Background

 

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

 

It is critical to have the new CZMP completed and with the Minister for certification prior to the lapsing of the existing legislation’s transitional arrangements. The legislation has now come into effect (3 April 2018); therefore the new CZMP should ideally be with the Minister by end of July 2018, to leave ample time for Ministerial approval of the plan.

 

Plan Development

The development of the draft CZMP for the Eastern Precincts of the BBE is in the final stages. Early engagement and involvement with public agencies has taken place and staff have worked closely with the Office of Environment and Heritage (OEH) throughout development of the plan. Accompanying the draft CZMP, is an Emergency Action Sub Plan (EASP) which details Council’s response to an emergency (beach erosion due to storm activity) within the locality of the Eastern Precincts. The EASP forms part of the CZMP and is a requirement for Ministerial certification.

 

A workshop was held on 24 January 2018 with some agencies in attendance and others providing written comments for discussion at the workshop. Secondary meetings were also held with public agencies on 5 April 2018 to gain further comment and feedback.

 

Staff have liaised with the following organisations:

 

·   Office of Environment and Heritage

·   NSW State Emergency Services

·   National Parks and Wildlife Service

·   Department of Industry Crown Lands & Water

·   Department of Primary Industries – Fisheries (Cape Byron Marine Park)

·   NSW Crown Holiday Parks Trust

·   Arakwal Corporation

 

Due to the enactment of the new coastal legislation and the pending timeframes for Ministerial certification of the plan, staff propose that Council endorse public exhibition of the draft CZMP for a period of 4 weeks.

 

At this stage, it is proposed that the public exhibition phase commence late April, with the intent of providing a public submissions report to the 21 June 2018 Council meeting. This is an anticipated timeframe and will be dependant on the number and nature of submissions received during the public exhibition period. This is preferable as it will allow maximum time for the plan to be reviewed by the Minister.

 

Project Delivery

At the 14 December 2017 meeting Council considered a report on the delivery timeframes for the CZMP. The timeframe for delivery of the plan has now been revised in accordance with the commencement of the legislation and preferable timeframes for public exhibition and council consideration of submissions. Refer to Table 1.


 

Table 1 – Revised Project Delivery Timeframe

When

What

Status

December 2017

·    Commence development of the CZMP and accompanying EASP for the Eastern Precincts BBE (Cape Byron to Main Beach).

Commenced

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

·    Plan for the Eastern Precincts acknowledged as highest priority project.

Complete

January 2018

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

Complete

February / March 2018

 

·    Close consultation with OEH to finalise the draft plan

·    Preliminary review of draft CZMP by OEH and public agencies

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

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

Complete

April 2018

·    Further comment and feedback on the draft CZMP by agencies.

·    Report to Council (19 Apr) on draft CZMP. Council approve draft CZMP to go to public exhibition. 

·    Commence public exhibition and community engagement activities.

Commenced

 

 

This report

 

 

Pending

May 2018

·    Public Exhibition (4 weeks)

·    Community engagement activities

Pending

May/June 2018

·    Review submissions and feedback.

·    Report to Council at 21 June 2018 meeting, finalise plan

Pending

July 2018

·    Submit to Minister for certification

 

Pending

July 2018

·    Review and approval of the CZMP

 

Pending

 

Financial Implications

Exhibition of the draft CZMP for the Eastern Precinct Byron Bay Embayment will be funded from existing budget.

 

Statutory and Policy Compliance Implications

In accordance with Section 55E of the Coastal Protection Act 1979 a CZMP must be publicly exhibited for a period of not less than 21 days.

 

The Coastal Protection Act 1979 has been repealed by the Coastal Management Act 2016 (3 April 2018).

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Report No. 13.11         PLANNING - Development Application 10.2017.681.1 alterations and additions to existing amenities building to create a clubhouse for Byron Bay Football Club at 35 Carlyle Street Byron Bay

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Manager Sustainable Development

Noreen Scott, EA Sustainable Environment and Economy

File No:                        I2018/246

Theme:                         Ecology

                                      Development and Approvals

 

 

DA No:

10.2017.681.1

Proposal:

Alterations and additions to existing amenities building to create an upper floor clubhouse

Property description:

Lot: 44 Section 28 DP: 758207

35 Carlyle Street BYRON BAY

Byron Recreation Grounds

Parcel No/s:

177670

Applicant:

Byron Bay Football Club

Owner:

Byron Shire Council

Zoning:

Zone No. RE1 Public Recreation

Date received:

30 November 2017

Integrated Development:

No

Public notification or exhibition:

-    Level  2, advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 21 December 2017 to 10 January 2018

-    Submissions: For  = 0      Against = 2  Neutral/Other = 1 (Crown Lands)

Delegation to determination:

 Council

Issues:

·    Hours of operation

·    Use of site for functions, events, etc

·    Traffic and parking

·    Noise from patrons

·    General impacts on surrounding residential development

·    Disabled access

 

Summary:

 

The application proposes alterations to an existing amenities block to create a second storey for part of the building to be used as a clubhouse and administration building. The upper floor will include a large balcony on the eastern and northern side and access will be via an external staircase at the north west corner and an internal staircase in a central location. The ground floor layout will be modified to allow for the internal staircase.  A solar array and club signage will be included on the upper floor.

 

The land is approximately 5.13 hectares in area, bounded by Cowper Street to the east, Tennyson Street to the west, Carlyle Street to the south and the Sandhills Crown land to the north. It is Community Land pursuant to the Local Government Act 1993.

 

The proposed clubhouse is within the RE1 Public Recreation Zone, and Recreation Area is permitted with Council consent. The clubhouse is ancillary to the use of the site for community sporting events and activities

 

The Statement of Environmental Effects accompanying the DA adequately addresses the LEP and DCP requirements and demonstrates that the proposed clubhouse on this site is appropriate, subject to conditions.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

  

 

RECOMMENDATION:

That Pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2017.681.1 for alterations and additions to an existing amenities building to create an upper floor clubhouse be granted consent subject to the conditions listed in Attachment 2 #E2018/16544.

 

Attachments:

 

1        Proposed Plans prepared by John McKay Architects , E2018/13305

2        Conditions of consent , E2018/16544

3        submissions received, E2018/17259

 


 


Assessment:

 

1.       INTRODUCTION 

 

1.1     History/Background

 

The Byron Recreation Grounds were established in 1921 commencing with a War Memorial and then Memorial Gates at the Tennyson Street entrance.

 

The site was progressively developed for sports and community uses including:

·    Fields and courts for active recreation – football (soccer), cricket, rugby union, tennis, croquet, netball, basketball, athletics, school uses and personal training.

·    Playground and shelter;

·    Passive community uses;

·    Buildings such as a scout hall, community cabin (formerly guide hall), croquet club, tennis club, rugby club and football club amenities.

 

The amenities building the subject of this application is the central southern building used by the football club (Figure 1). The northern half of this building was approved in September 2004 (DA 10.2004.245.1) and constructed shortly after that.

 

Subject building air photo

 

 

Figure 1: Existing amenities block that is proposed to be altered to create a clubhouse on an upper floor

 

The land on which the club house is proposed is zoned RE1 Public Recreation under Byron LEP 2014 (Figure 2).  The clubhouse fits with the definition of Recreation Area and is permitted with Council consent. 

 

LEP 2014 zones

Figure 2: The land on which the club house is located is zoned RE1 under Byron LEP 2014

 

1.2     Description of the site

 

The subject land is approximately 5.13 hectare lot (Lot 444 Section 28 DP 758207) located in Byron Bay (Figure 3). It is bounded by Cowper Street to the east, Tennyson Street to the west, Carlyle Street to the south and the Sandhills Crown land to the north. It is Community Land pursuant to the Local Government Act 1993 and is owned by Council.  Surrounding land is generally residential in nature with a mix of one and two storey development.

 

 

Lot 444 air photo

 

Figure 3: The land is a single lot that is a developed sports facility.

 

The site is mostly sports fields and courts, amenities and clubhouses and small areas of passive open space with scattered native shade trees. It includes a popular east/ west shared path. The War Memorial and Memorial Gates are located at its western edge along Tennyson Street.

 

Electricity and telephone are connected to the subject land and it is connected to reticulated water and sewerage. It is supplied with a Council solid waste and recycling service.  The subject land does not contain any native vegetation mapped as ecologically significant. It is affected by flooding in all events from the 10 year ARI through to the probable maximum flood (PMF). Figure 4 shows the area affected in the 100 year ARI event that is the design flood event.

 

 

100 yr ARI flood event

Figure 4: The 100 year ARI event affects that subject land.

 

The land is not listed as a heritage item but is immediately adjacent to a Heritage Conservation Area (HCA) Figure 5.

 

LEP 2014 heritage

 

Figure 5: The land is adjacent to a Heritage Conservation Area

 

The entire Byron Recreation Ground is identified as “unhealthy building land” on Council’s mapping system (Figure 6).  It is not listed on Council’s contaminated land register and is not identified as a site that has received mineral sands tailings. The “unhealthy building land” designation appears to be as a result of historic drainage issues as there is no clear evidence of a past use that would have caused contamination.  Parts of the site have been filled over the years through its use as a sports ground.  The proposed clubhouse will be on land that has been filled.  Minimal ground disturbance is anticipated for the upper floor alterations.

 

image002

 

Figure 6: The entire site is mapped as “unhealthy building land”.

 

Land immediately to the north of the subject land includes vegetation mapped as having a bushfire hazard. The buffer to this vegetation affects the northern part of the site but not the location of the proposed clubhouse.

 

image001

 

Figure 7: The proposed clubhouse if not affected by bushfire hazard (red) or buffer (green)


 

 

1.3     Description of the proposed development 

 

The applicant wants to keep the existing single storey amenities building mostly as is and add a second storey to part of it. The upper floor will yield about 151m2 of enclosed floor space to be used for offices, toilets, storage, a small kitchen and a general purpose club room. It will also include balconies on the north and east side with a combined area of 100 m2.  The existing ground floor will remain as is, other than modifying the existing physio/coaches room into a foyer and stairwell to the upper floor. The upper floor will also have an access from an external stair case at the north west corner of the building. The roof of the clubhouse will include a solar array. Signage for the football club is proposed on the south facing gable end of the upper floor.

 

Although not shown on plans, the applicants have indicated that they intend to install a lift chair in the internal foyer to enable disabled persons to access the upper floor. The upper floor materials will be light weight cladding and a metal roof in earth tones to match the existing structure. The lower floor (existing) is largely brick on concrete slab.

 

Use of the new clubhouse is proposed to be dominated by football club activities such as a supporter viewing area, post-match presentation area, club offices and meetings. All training is generally completed by 9pm. Matches are completed by 9:30 pm with field lighting switched off at 10pm. Club activity will be completed at 11pm each day at the latest.

 

The Football club has stated that it intends to rent out the venue up to 6 times per year to other community groups. No external groups will be allowed to use the facility after 10 pm. Noise will need to comply with industrial noise policy. (Note: this consent does not permit the use of this site for events, etc).

 

The Football club would like to lease the clubhouse and take on maintenance of it as part of that lease process. (Note: this consent does not address maintenance or lease issues).

 

2.       SUMMARY OF GOVERNMENT/EXTERNAL/ INTERNAL REFERRALS

 

 

Summary of Issues

Environmental Health Officer

Supported conditionally. Comments included in relevant report sections.

Principal Engineer - Systems Planning, Utilities

No Objections. The BB FC is able to demonstrate that it can meet the exemption criteria for water and sewer fees in section 2.7 of Council’s DSP as a non profit charitable organisation that makes a significant contribution to the community. There are Council pipelines in proximity to the proposed balcony supports and stairs. Compliance with Council Policy 4.20. Building Over Pipelines and Other Underground Structures is required.

Engineer

No Objections. On the basis that the club house is to be used by the existing football club members then it will not result in additional traffic or car parking. If this development is to be used for external functions, parties, wedding or events this development consent must be amended to account for car parking and traffic requirements that would be generated by such uses.

Building Services Supervisor

No Objections. The proposed works are able to satisfy the BCA. A platform lift for disabled persons is required to access the upper floor. This type of lift is able to satisfy the BCA.

 

The existing building will need to be structurally adequate for future loads.  Engineers to certify as part of Construction Certificate.

 

Dept of Industry (Lands and Forestry)

No Objections. However, development should not encroach on any Crown land or affect Crown land in any way. Note that the nearest Crown Land is Lot 457 DP 1087879 and comprising

Reserve 755695 for Future Public Requirements notified 29 June 2007 (Sandhills); and Public Crown Road (part Cowper Street).

 

3.       SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

Having regard for the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979, the following is a summary of the evaluation of the issues.

 

State/Regional Planning Policies and instruments - Issues

 

3.1.    STATE/REGIONAL PLANNING POLICIES AND INSTRUMENTS

 

Requirement

Requirement

Proposed

Complies

State Environmental Planning Policy 55 – Remediation of Lands

A consent authority must not consent to the carrying out of any development on land unless:

(a)  it has considered whether the land is contaminated, and

(b)  if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c)  if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

 

The Byron Recreation Ground has been used since the1930s as a recreation area.  It is mapped as “unhealthy building land” most likely as a result of it being poorly drained. There is no clear evidence of a past use that would result in contamination.

 

The proposed development is an upper storey addition and minimal ground disturbance is required.

 

As the proposed development is a non-residential use of the land it is suitable for this location.

 

No further investigation is warranted.

 

 

Yes

SEPP 71 Coastal Protection (NSW Coastal Policy 1997)

Clause 7 requires Council to consider certain matters in determining a DA in the coastal zone. These are set out in Clause 8 of the SEPP.  These matters cover the key issues of the NSW Coastal Policy.

The subject land is set back approximately 0.5 km from the high water mark at the nearest beach and it is in the coastal zone.

(a)  the application is consistent with the aims of this Policy,

(b)  the development will not impact existing public access to and along the coastal foreshore for pedestrians or persons with a disability ,

(d)  the development is suitable given its type, location and design and its relationship with the surrounding area given there is a mix of one and two storey dwelling sin the surrounds,

(e)  the development will not have any detrimental impact on the amenity of the coastal foreshore, including  no overshadowing of the coastal foreshore and no significant loss of views from a public place to the coastal foreshore,

(f)  the scenic qualities of the New South Wales coast will remain unchanged by this development,

(g) no threatened fauna (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats will be affected by this development,

(h)  no fish or marine vegetation or their habitat will be affected,

(i)  existing wildlife corridors will not be impacted as no vegetation is to be removed,

(j)  the site is not impacted by coastal processes or coastal hazards,

(k)  measures to reduce the potential for conflict between land-based and water-based coastal activities,

(l)  the development is unlikely to impact the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals,

(m)  the development will not impact  the water quality of coastal waterbodies,

(n)  the development is set back approximately 90 metres from the nearby HCA conservation and mature trees are located in this buffer.  The heritage or historic significance of this locality is unlikely to be impacted by this development,

(o)  the development will not impact on compact towns and cities,

(p)  the cumulative impacts of the proposed development on the environment are minimal given the sporting related use of the subject land.  A solar array for the roof will offset energy usage making the building more energy balanced than it currently is. Water efficient toilets and showers will be installed to reduce water usage.

 

 

Building Code of Australia

Class 9b building

The proposed works are able to satisfy the BCA

Yes

Demolition

A Site Waste Minimisation and Management Plan is required

to assist applicants in planning for sustainable waste management.

 

Demolition on the site will be limited to removing the roof of part of the amenities block and modifications to the ground floor to allow an internal stair well.

A Site Waste Minimisation and Management Plan has not been prepared but will be required as a condition of approval.

Conditions to apply.

Disability Access (DDA)

Access for persons with disabilities and integration into surrounding streetscapes without creating barriers. (Council Res.10-1118)

No disability access to the upper floor has been shown on the plans submitted. In response to an RFI the applicant has indicated they intend to install a lift chair or platform lift on the internal stairwell to enable disabled access to the upper floor.

Conditions to apply.

* Non-complying issues discussed below

 

3.2.    BYRON LOCAL ENVIRONMENTAL PLAN 2014

 

Zone: Zone No. RE1 Public Recreation

 

Definition: Dual occupancy (detached) dwelling

 

LEP Requirement

Summary of Requirement

Proposed

Complies

Meets zone objectives

•  To enable land to be used for public open space or recreational purposes.

•  To provide a range of recreational settings and activities and compatible land uses.

•  To protect and enhance the natural environment for recreational purposes.

 

The development is consistent with the objectives of the RE1 zone because the proposed club house is a building ancillary to the use of the site for recreation purposes (sport). It will not unduly impact on the setting and is compatible with adjacent sporting uses.

It will not impact on the natural environment.

Yes

Permissible use

The clubhouse fits with the definition of Recreation Area and is permitted with Council consent. 

Recreation Area means a place used for outdoor recreation that is normally open to the public, and includes:

(a)  a children’s playground, or

(b)  an area used for community sporting activities, or

(c)  a public park, reserve or garden or the like,

and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

Recreation Area

Yes

4.3   Height of buildings

This clause requires that buildings not exceed the height shown on the Height of Buildings map. In this case the prescribed maximum height is 9 metres.

The building will be a maximum height of 7.5 metres above ground level.

Yes

5.5   Development within the coastal zone

 

This clause duplicates the provisions of the NSW Coastal Policy 1997.

 

Compliance with this clause is covered previously in the section above addressing SEPP 71.

Yes

6.1 Acid Sulfate Soils

This clause requires ASS assessment if ASS are likely to be disturbed on the site.

The subject land that is classified as ASS Class 3. However the land on which the clubhouse is to be located has been filled. Minimal soil disturbance is proposed. It will be limited to post holes for veranda posts and the base of the external stairs.

Yes

6.2   Earthworks

Earthworks that require consent should have minimal impact on environmental functions, neighbouring uses, cultural heritage and surrounding land.

Minimal soil disturbance is proposed. It will be limited to post holes for veranda posts and the base of the external stairs. The small amount of disturbance will not affect the environment or impact on neighbours or surrounding land. All works need to avoid Council pipelines in the vicinity of the amenities.

Yes

6.3 Flood Planning

This clause requires that Council consider a range of issues for any development at or below the flood planning level. The subject land is partly below the flood planning level (1:100 ARI flood event plus 0.5 m freeboard).

 

The clubhouse is an upper level structure that will be well above flood heights for this location. 

The existing lower level amenities building was not built to be entirely above the flood planning level so the upper floor will provide a flood refuge for sporting equipment that may be stored on the site.

 

Yes

6.6   Essential services

The development should have adequate

·    water

·    sewer

·    electricity

·    stormwater

·    vehicle access

The existing building is connected to reticulated water supply, sewerage and electricity and this will also service the upper floor club house. The site also has controlled vehicle access. Stormwater is a problem on this flat site but has been addressed in past approvals. The proposed alteration to create a club house will not significantly exacerbate stormwater issues.

Yes

* Non-complying issues discussed below

 

Byron Local Environmental Plan 2014 - Issues

There are no issues of non-compliance with LEP 2014 that raise any concerns.

 

Draft EPI that is or has been placed on public exhibition and details of which have been notified to the consent authority - Issues

There are no issues that relate to draft LEPs that have been placed on public exhibition.

 

3.3     DEVELOPMENT CONTROL PLANS

 

Development Control Plan 2014

 

Chapter B3 – Services

The purpose of this Chapter is to identify the minimum requirements necessary to adequately service development for water, sewer, stormwater management, on-site effluent disposal and other necessary infrastructure.  The site has reticulated town water supply, sewerage, reticulated power and communications.

 

The site is flat and has a history of poor drainage. However, past filling and stormwater drainage that links to the existing amenities building can be use by the clubhouse on the same footprint.  The application complies with the requirements in this chapter.

 

Council records show that a sewer pipeline and recycled water pipeline are both located in proximity to the proposed club house. It is important that buildings are not constructed over these pipelines and that posts for the proposed verandah are not too close to pipelines or cause damage to them.

 

Chapter B4 – Traffic Planning, Vehicle Parking Circulation and Access

The purpose of this Chapter is to provide guidelines, controls and standards for traffic planning, vehicle access, circulation and parking for developments.  This application provides no dedicated parking for the clubhouse and relies on the surrounding street parking.  The Byron Recreation Ground does not have any dedicated parking area and has always relied on street parking.  A Recreation Area is not listed as a specific land use in the parking schedule in this chapter. 

 

Most clubhouse users will park on the street and walk a short distance into the ground to use the club house for games or training, etc. Delivery vehicles and construction vehicles can access the site via locked gates. Pedestrians and cyclists can easily access the centrally located site. The clubhouse is a relatively minor expansion of usable floor space and is intended to be used by the club members that already use the site anyway. It is therefore not expected to result in an increase in traffic and parking demand.  If its use is confined to the definition of a Recreation Area then it does not need to supply additional parking. It should be noted that Recreation Area does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor). This consent does not cover a function centre which means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.  It also does not include a food and drink premises.

 

This application complies with the parking requirements of the DCP.

 

Chapter B5 – Providing for Cycling

 

This Chapter aims to retain, increase and improve cycling facilities; consistently review cyclist needs; and provide a consistent standard of facilities for cyclists within the area.

The clubhouse is a relatively minor expansion of usable floor space and is intended to be used by the club members that already use the site anyway.  The site already has a cycle rack close to the proposed clubhouse site.  A Recreation Area is not listed as a specific land use in the bicycle parking schedule in Chapter B4. 

 

This application complies with the cycling requirements of the DCP.

 

Chapter B6 – Buffers and Minimising Land Use Conflicts

The purpose of this Chapter is to provide advice and guidance on planning for land use compatibility, avoiding land use conflict and the use of buffers.  The application is located on RE1 zoned land that is surrounded on three sides by R2 Low Density Residential land.  The site has been use for recreation purposes since the 1930s and the clubhouse is consistent with that long term use.

 

The nearest dwellings in Cowper and Carlyle Streets are approximately 120 metres from the proposed club house.   However, sound from the club house upper floor would travel this distance easily, particularly at night when background noise subsides. Management of noise (and lights) at the site needs to be a focus of the Football Club if the impacts on residential neighbours are to be kept reasonable.

 

Operating hours for the club house should be restricted to preserve neighbourhood amenity as follows: Monday to Saturday - 9.30pm and Sunday – 6.30pm.

 

The subject land does not contain vegetation classified as a bushfire hazard and the buffer to vegetation on the adjacent Sandhills site does not affect the proposed clubhouse site. A detailed bushfire hazard assessment is not required.

 

Chapter B8 – Waste Minimisation and Management

 

Council requires a Site Waste Minimisation and Management Plan for this development. No plan has been provided with the statement of environmental effects.  It should be provided as a condition of approval prior to the issue of a construction certificate. 

 

Chapter B9 – Landscaping

 

This Chapter provides advice, guidelines and controls relating to design, construction and maintenance of landscape and vegetation associated with all developments on land to which Byron LEP 2014 applies.  In this case a landscape plan was approved for the original ground floor amenities building. This upper floor extension does not warrant any changes to that plan.

 

Chapter B10 – Signage

 

The purpose of this Chapter is to provide guidelines and controls for signage consistent with the objectives and provisions of Byron Local Environmental Plan 2014 and State Environmental Planning Policy 64 – Advertising and Signage (SEPP).

 

The development plans show a wall sign on the south facing gable end of the upper floor structure depicting the football club logo. This is effectively a building identification sign.  No dimensions or details are provided. This sign faces the HCA and it is reasonable that it be kept to a modest size (2.5 m2 is suggested by the DCP) and not be illuminated.

 

Chapter B11 - Planning For Crime Prevention

 

This Chapter aims to ensure that all development plays a role in enhancing the safety of our communities; to reduce the vulnerability of our community to crime through good urban design; and to

require developers to work with the community and the NSW Police Force to create a safer environment and be active in practical crime prevention.

 

The DCP does not identify this development as one that must be accompanied by a formal Crime Risk Assessment prepared in accordance with NSW Police Force Safer by Design guidelines. The SEE does not address the CPTED principles as required by the DCP.  The four principles that should have been addressed are:

 

Surveillance – The upper floor club house can be easily viewed from all directions including three public streets and the various playing fields around it. It is easily viewed form the busy main shared path that runs east /west across the recreation grounds.  When the club is being used it will be possible to view most of the Recreation Grounds form the balcony and this will increase passive surveillance of the whole sports facility.

 

Access control - This aspect can be improved. The access to the upper floor stairs needs to be gated (as the canteen etc is now) to ensure that it does not become a hiding place after dark. Other than that it is an upper floor addition and access is only by internal stairs or the external stairs.

 

Territorial reinforcement- The clubhouse will be perceived as “belonging” to the Byron Bay FC and this creates a sense of territory that promotes a sense of ownership and pride in the football players that use the space.  This is not to say that Council is giving exclusive use rights to the football club. That matter is not part of this development application.

 

Space management - Strategies relevant to this site include activity coordination (football club events), site cleanliness, rapid repair of vandalism and graffiti ( use of murals) , the replacement of burned out security lighting and the removal or refurbishment of decayed physical elements.

 

The Byron Recreation Ground has been the subject of complaints relating to poor behaviour, homeless camping, backpackers camping in cars on the streets, littering and crowd behaviour at sporting events. These are ongoing site management matters that will not be exacerbated by this development.

 

Chapter B13 – Access and Mobility

 

The Commonwealth Disability Discrimination Act 1992 (DDA) is the primary Australian statute that aims to eliminate discrimination on the grounds of disability. Section 23 of the DDA makes it unlawful to discriminate against people with a disability or their associates in relation to access to and use of premises that the public enter or use.

 

The site is accessed by a concrete path from three directions. This includes access to ground floor toilets and changes rooms. The upper floor will be accessible via an internal chair lift incorporated into the internal stair well. This chair lift is not shown on plans and needs to be included as a condition of approval.  This access must be provided to and within the facilities in accordance with the provisions of the BCA and AS1428.1 – Design for Access and Mobility –General Requirements for Access – New Buildings.

Parking is not being provided however it would be appropriate that a space along Carlyle Street be dedicated as a disabled parking space when this area of parking is formalised.

 

Chapter C1 – Non Indigenous Heritage

The purpose of this Chapter is to set out controls and guidelines that complement Byron LEP 2014 in relation to development to or in the vicinity of heritage items and Heritage Conservation Areas. Any development to or in the vicinity of heritage items or Heritage Conservation Areas will need to be in harmony with the surroundings, both natural and constructed, and enhance the physical context valued by the community and by the Shire's increasing number of visitors.

 

In this case the club house is a simple design that has a neutral impact on the heritage character of the adjacent HCA. It does not compromise the significance and character of the components of the HCA. The club house is set well back from the HCA (about 90 metres) and there are substantive shade trees in the recreation grounds that filter views to the club house from many angles. Signage on the club house building will not impose on the HCA.

 

Chapter C2 – Areas Affected by Flood

 

The purpose of this chapter is to identify development requirements for flood liable lands that are appropriate for the degree of flood hazard on that land.

 

The land on which the club house is proposed is flood affected.  The floor level proposed for the upper level is well above the 3.9 metre AHD that represent the design flood in this location. The upper floor clubhouse is not flood affected.  It will provide an opportunity to store gear upstairs temporarily if a flood is going to inundate the ground floor of the building. This flood free storage area may also be useful for other users of the Byron Recreation Ground in times of flood. 

Flood isolation of the club house is likely to be short duration given that the area is at the edge of the flood affected land and is caused by heavy local rainfall rather than overbank flower from a river with a large catchment. Flood velocity is not an issue in this situation.

 

Chapter C3 - Visually Prominent Sites, Visually Prominent Development and View Sharing

 

Council is committed to ensuring that the Shire’s landscape character and visual quality are maintained and where possible enhanced in the development process.  The visual quality of an area can be strongly influenced and affected by the treatment of visually prominent sites and locations. These include land in the coastal zone, ridgetops and nearby lands, escarpments, environmentally sensitive sites on sloping land and any site where development has the potential to degrade visual amenity.

 

The subject land is in the coastal zone and therefore it meets the definition of a visually prominent site and this chapter applies.

 

A visual impact statement was not supplied by the applicant and is not warranted in this case.

 

The site is not significant when viewed form public places such as the beach or Cape Byron. The proposed clubhouse will not disrupt or impact on neighbours’ views or prominent viewscapes. 

 

Other Development Control Plan/s - Issues

 

The current plan of management for the subject land is the Byron Recreation Ground Plan of Management , 2002. The site of the clubhouse is classified as Sports Ground under this plan. Land in this category is used or proposed to be used primarily for active recreation involving organised sports or the playing of outdoor games. The amenities and proposed clubhouse are ancillary to the playing of football on this site. This is consistent with the Plan of Management (PoM).

 

Many of the actions of this plan of management have been implemented since 2002. Construction of the ground floor amenities block above which the clubhouse is to be built was an action of this PoM. It could be argued that this clubhouse is an extension of the amenities block that embellished the amenities by providing more toilets and showers as well as a covered spectator area (the balconies ) and a general meeting  room and offices.  The PoM does clearly indicate that all new structures should be shared use facilities. This aspect needs to be negotiated between Council and the Byron Bay FC.

 

Three versions of a draft PoM to replace the 2002 version have been prepared for Byron Recreation Grounds over the last few years and none have been finally adopted.

 

On 1st February 2018 Council resolved in relation to the Byron Recreation Grounds to:

 

Confirm that the draft Plan of Management will facilitate only those alternative community or commercial uses that:

a)      are compatible both with the categorisation of the facility and the current sporting uses at the Grounds; and

b)      that do not interfere with the scheduled use of the sporting fields nor degrade fields or facilities utilised by sporting users.

 

The proposed club house is compatible with the current categorisation of the site and the various sporting uses at the site. Other than during construction it will not interfere with the scheduled use of the fields and facilities. It will not degrade the fields or facilities.

 

A further revised draft PoM will be prepared and exhibited in due course. It is difficult to give any weight to previous drafts until they are finalised and adopted.

 

3.4       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

Subject to consent conditions the proposed upper floor clubhouse is not likely to result in any negative impacts on the natural and built environment nor is it likely to negatively impact socially or economically on the locale.

 

3.5     The suitability of the site for the development

 

The site has an adequate size and shape to accommodate the development.  The existing amenities block is a suitable location being central to the recreation grounds and adjacent to the football fields. No  native vegetation needs to be removed to enable the development. The upper floor is not affected by hazards and will not impact significantly on the nearby HCA.  It is suitable for a club house development as proposed.  

 

 

3.6     Submissions made in accordance with this Act or the regulations

 

The application was lodged with letters of support from the Byron Bay Rugby Club, Byron Bay Cricket Club, Byron Bay Netball, 1st Byron Bay Scout Group, RSL Byron Bay Sub Branch, Byron Bay Public School, Byron Community Primary School, Byron Bay High School, and St Finbarr’s Primary School. Although they are not technically submissions they do show that other site users support the development.

 

There were two submissions made on the development application from residents of Carlyle and Cowper streets. The submissions both object to the development and make the following points:

 

1.   The DA intends to have six functions a year and has a stated capacity of 166 persons seated and 332 standing. Object to this being a new function centre

 

Planning Response: This application is for a recreation area with the clubhouse being ancillary to the sporting use of the site by the football club (and potentially other sporting users). It is not being granted consent for a function centre. (A function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres).  It is not being granted consent for a food and drink premises either.

 

2.   Traffic and parking are major issues with this site already and with no parking proposed for this DA it will only get worse.

 

Planning Response: The application is for embellishment of facilities primarily for the Byron Bay FC that already use the site on a regular basis.  If this is the case then there will not be additional parking demand generated.  Although street parking is annoying for neighbours there is minimal opportunity for off street parking in this location (without reducing sports facilities) and sports related use has taken place on this site for many decades based on street parking.  The site is not being given consent to be used as a function centre or a food and drink premises.

 

3.   A two storey building is not in keeping with surrounding buildings.

 

Planning Response: The other buildings on the recreation grounds are all single storey but surrounding residential streets have two storey developments. The proposed building is below the 9 metre height limit and will not impact on views or cause problematic overshadowing to other land. It is consistent with the height of nearby trees.

 

4.   Behaviour of site users and impact of noise, litter etc on surrounding residential land

 

Planning Response: All sporting venues in residential areas experience some problems with user behaviour from time to time. This application is unlikely to exacerbate problems with this site. It is up to the football club and other sports users to control their own members. If laws are broken then it is a matter for the police. Council will need to enforce the conditions of this or any other approvals to ensure that the site is not used other than in accord with its consents. Noise control is a matter that Council in conjunction with the Police can take action about. Compliance with NSW noise laws will be expected at this site and enforced by Council.  Imposition of hours of operation on the clubhouse may assist in reducing noise impacts.  Littering is a matter of concern but requires individuals to be “caught in the act”.


 

 

5.   Building safety and crime prevention

 

Planning Response:  It is agreed that the upper floor balcony needs to be gated to ensure that it is not a late night crime venue or a place to party after hours. This can be imposed as a condition of consent.

 

6.   Hours of operation

 

Planning Response:  It is appropriate for a clubhouse in a residential neighbourhood to have restricted operating hours to preserve neighbourhood amenity as follows: Monday to Saturday - 9.30pm and Sunday – 6.30pm. This can be a condition of approval.

 

7.   Alcohol and security

 

Planning Response:  Alcohol licensing is a matter for the NSW Liquor and Gaming. This consent is not for a Registered Club, Hotel, Pub, Restaurant or other use that typically has a liquor licence. It is not a food and drink premises.  Any application for a temporary liquor licence would be assessed by authorities on merit and breaches of licensing laws are a serious offence. Security is a good idea at larger sporting events if alcohol is served but this is a decision for the club to make based on its own risk assessment.

 

3.7     Public interest

 

This development does raise significant issues of public interest but on balance the proposed clubhouse is an appropriate use of the site and if managed properly will not compromise the wider public interest in the site.

 

4.       DEVELOPER CONTRIBUTIONS

 

4.1     Water & Sewer Levies

 

The proposed upper floor club house will be connected to reticulated water or sewerage.  The ground floor is already connected.  No levies apply because the Byron Bay FC is a not for profit sporting organisation that contributes to the Byron Shire community. This development has met criteria listed in Section 2.7 of Council’s Developer Servicing Plan for water supply and sewerage and is therefore exempt from water and sewerage developer contributions.

 

4.2     Section 94 Contributions

 

The works are an embellishment of an existing recreation area, do not involve dwellings or accommodation of any type and no contributions will be required.

 

6.       DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

 

Has a Disclosure Statement been received in relation to this application

No

Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.

No

 

Provide Disclosure Statement register details here: Nil


 

 

7.       CONCLUSION

 

Council recognises the role of local sporting clubs in arranging organised sport for the Byron Shire community. Council supports uses that are compatible both with the categorisation of the facility and the current sporting uses at the Byron Recreation Grounds; and that do not interfere with the scheduled use of the sporting fields nor degrade fields or facilities utilised by sporting users.

 

It is also important that use of the clubhouse is restricted to sports related matters and does not interfere with the amenity of the neighbourhood.  This consent does not include approval for a function centre which means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres. This consent does not include approval for a food and drink premises of any type, such as a restaurant or café. Appropriate conditions have been recommended in relation to hours of operation.

 

This development meets the Council’s requirements. Conditional approval is appropriate.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Report No. 13.12         PLANNING - Development Application 10.2017.429.1 Dual Occupancy (Detached) 31 Charlotte Street , Bangalow

Directorate:                 Sustainable Environment and Economy

Report Author:           Simone Kenyon, Planner

File No:                        I2018/258

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

 

Proposal description:

Dual Occupancy (Detached),

Property description:

LOT: 42 DP: 1232435

31 Charlotte Street BANGALOW

Parcel No/s:

268781

Applicant:

Mrs N E Dodge & Mr V Tassiello

Owner:

Bodhi Superannuation Pty Ltd & Mrs N E Dodge & Mr V Tassiello

Zoning:

PART R2 Low Density Residential/PART RU1 Primary Production/PART DM Deferred Matter – 1A General Rural Zone

Date received:

11 August 2017

Integrated Development:

No

Public notification or exhibition:

-    Level 1 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 24/8/17 to 6/9/17

-    Submissions received: Nil

Planning Review Committee:

N/A

Delegation to determination:

Council

Issues:

-    30% variation to the minimum site area permissible for dual occupancies within the RU1 Primary Production zone

 

Summary:

 

Development approval is sought for a dual occupancy (detached) at 31 Charlotte Street, Bangalow. The property is zoned Part R2 Low Density Residential/Part RU1 Primary Production/Part DM Deferred Matter – 1A General Rural Zone in accordance with the Byron Local Environment Plans 2014 and 1988 respectively. The battle axe shaped allotment has a total land area of 1227m² and is currently vacant. It is proposed that each dwelling will provide for three bedrooms and double garage.

 

The proposed development is generally consistent with the relevant environmental planning instruments and planning controls applicable to the site including the LEP and DCP provisions for this type of development. However part of the site although a residential allotment is partly zoned RU1 Primary Production and a smaller area is zoned 1(a) General Rural in the north east corner of the property. Councils planning controls establish a minimum lot size for dual occupancy of 4000 m2 in the RU1 Zone. However due to the inherent residential nature of this property, its access to necessary services and its location within a clearly residential area of Bangalow a variation is supported in this instance.

 

It is considered the proposal raises no significant issues in terms of environmental impacts which cannot be managed through reasonable and relevant conditions of approval, and the site is considered suitable for the development. As such the application is recommended for approval subject to conditions of consent.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

  

 

RECOMMENDATION:

That pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, development application no. 10.2017.429.1 for a Dual Occupancy (Detached), be granted consent subject to conditions listed in Attachment E2018/19348.

 

Attachments:

 

1        Plans 10.2017.429.1 31 Charlotte Street, Bangalow , E2018/25319

2        conditions of consent 10.2017.429.1 31 Charlotte Street Bangalow, E2018/19348

 

 

 


Assessment:

 

1.         INTRODUCTION

 

1.1.          History/Background

 

The subject lot was registered 27 January 2017 as a result of Development Application 10.2011.413.1 which granted consent for a 42 lot subdivision. The land is currently vacant.

 

1.2.          Description of the proposed development

 

This application seeks approval for a Dual Occupancy (Detached) comprising three bedrooms, modest living and dining areas with suitable area for car parking landscaping and private opne space. Plan extracts are provided below.

 

 

 

 

1.3.          Description of the site

Land is legally described as Lot 42 DP1232435
Property address is 31 Charlotte Street Bangalow
Land is zoned PART R2 Low Density Residential/PART RU1 Primary Production/PART DM Deferred Matter
Land area is 1227m²
Property is constrained by Flood Liable Land and High Conservation Value     

The site is a battle-axe allotment with a fall of approximately 4 metres from the west to the east. The site is currently vacant and adjoins similarly zoned allotments that are vacant, newly developed or are the subject of development applications currently with Council.

 


 

 

2.         SUMMARY OF REFERRALS

 

Referral

Issue

Development Engineer

No objections subject to conditions. See Doc #  A2017/29006.

Building Surveyor

No objections subject to conditions. See Doc #  A2017/21419.

S64 Systems Planning Officer

No objections subject to conditions. See Doc #  A2017/21422.

S94 Contributions Officer

No objections subject to conditions. See Doc #  A2017/21429.

 

3.         SECTION 79BA – BUSH FIRE PRONE LAND

 

Under section 79BA of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land, that the development complies with the document ‘Planning for Bush Fire Protection 2006’. The site is not bush fire prone land.

 

4.         SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

Having regard to the matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979), the following is a summary of the evaluation of the issues.

 

4.1       State Environmental Planning Instruments

 

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy No 55—Remediation of Land

Consideration: A check of the parcel number against contaminated land, chemical sensitivity, dip site, acid sulfate soils and unhealthy building land was undertaken with no results. No past history to indicate site contamination exists. Any potential site contamination matters were dealt with at the time the estate was subdivided.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Consideration: BASIX Certificate supplied by applicant that is consistent with architectural plans.

State Environmental Planning Policy (Rural Lands) 2008

Consideration: No conflicts between land uses expected given that the intended use of the site is for that of residential purposes and the adjoining lot will be utilised for recreational purposes in the future.

 

4.2A  Byron Local Environmental Plan 2014 (LEP 2014)

 

LEP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act 1979 because it applies to the subject land and the proposed development. The LEP 2014 clauses that are checked below are of relevance to the proposed development:

 

Part 1

1.1| 1.1AA| 1.2| 1.3| 1.4| Dictionary| 1.5| 1.6| 1.7| 1.8| 1.8A| 1.9|

1.9A

Part 2

2.1| 2.2 | 2.3 |Land Use Table | 2.4 | 2.5 | 2.6 | 2.7 | 2.8

Part 3

3.1| 3.2| 3.3

Part 4

4.1| 4.1A| 4.1AA| 4.1B |4.1C| 4.1D| 4.1E| 4.2| 4.2A| 4.2B| 4.2C| 4.2D|4.3|4.4 |4.5 | 4.6

Part 5

5.1| 5.2| 5.3| 5.4| 5.5| 5.6| 5.7| 5.8|5.9| 5.9AA| 5.10| 5.11| 5.12|

5.13

Part 6

6.1| 6.2| 6.3| 6.4| 6.5| 6.6| 6.7| 6.8| 6.9

 

Note: The floor space ratio applies only to the portion of land that is zoned R2 Low Density Residential and the gross floor area of structures within this zone is compliant. It is worth noting that the intent for the site is that of R2 Low Density Residential and the boundary lines are an anomaly in the mapping. As part of general housekeeping amendments to BLEP 2014, the subject site will in the not too distant future will be located in its entirety, within the R2 Low Density Residential zone. As such, a calculation of the proposed gross floor area applied to the total land area indicates that the proposal would still comply with the FSR standard.

 


 

In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:

 

a)      The proposed development is defined in the LEP 2014 Dictionary as Dual Occupancy (Detached),

b)      The land is partly within R2 Low Density Residential/PART RU1 Primary Production/PART DM Deferred Matter – 1A General Rural Zone according to the Land Zoning Map. Given that the proposal is wholly located within the areas mapped R2 Low Density Residential and RU1 Primary Production an assessment against BLEP 2014 is required and BLEP 1988 is not applicable.

 

 

c)      The proposed development is permissible with consent; and

d)      Regard is had for the Zone Objectives as follows:

 

R2 Low Density Residential Zone Objectives

Consideration

To provide for the housing needs of the community within a low density residential environment; and to enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed dual occupancy will meet the day to day needs of the immediate residents.

 

RU1 Primary Production Zone Objective

Consideration

·   To encourage sustainable primary industry production by maintaining and enhancing the natural resource base;

·   To encourage diversity in primary industry enterprises and systems appropriate for the area;

·   To minimise the fragmentation and alienation of resource lands;

·   To minimise conflict between land uses within this zone and land uses within adjoining zones;

·   To encourage consolidation of lots for the purposes of primary industry production;

·   To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality; and

·   To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.

The proposal is unlikely to conflict with existing adjacent rural land uses. The proposal in its current location will not adversely impact on the scenic and environmental qualities of the site.

 

The remaining checked clauses have been taken into consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act 1979. The proposed development complies with all of these clauses (in some cases subject to conditions and/or to the satisfaction of other assessing officers), except in relation to  Development Standard 4.1E which stipulates the following:

 

4.1E Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings

(1) The objective of this clause is to achieve planned residential density in certain zones.

(2) Development consent may be granted to development on a lot in a zone shown in Column 2 of the table to this clause for a purpose shown in Column 1 of the table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the table.

 

 Column 1

Column 2

Column 3

Dual occupancy (attached)

Zone R2 Low Density Residential, Zone R3 Medium Density Residential

800m²

Dual occupancy (attached)

Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU5 Village, Zone R5 Large Lot Residential

4,000 m²

Dual occupancy (detached)

Zone RU1 Primary Production, Zone RU2 Rural Landscape

4,000 m²

Dual occupancy (detached)

Zone R2 Low Density Residential, Zone R3 Medium Density Residential

800 m²

Multi dwelling housing

Zone R2 Low Density Residential

1,000 m²

Multi dwelling housing

Zone R3 Medium Density Residential

800 m²

Residential flat building

Zone R3 Medium Density Residential

800 m²

 

The Applicant has submitted a clause 4.6 variation request (refer to Doc # E2017/90084). The clause 4.6 variation request is considered with reference to relevant matters as follows:

 

1.       Introduction – Summary of proposed development

The development application proposes a dual occupancy (detached) on an allotment within the newly created residential estate on Charlotte Street, Bangalow. The site is dual zoned R2 low Density Residential and RU1 Primary Production.

 

2.       Clause 4.6 Exceptions to Development Standards

LEP 2014 clause 4.6 allows the granting of a development consent, even though the development would contravene a development standard. However Council must first consider a written request from the Applicant that seeks to justify the contravention of the development standard by demonstrating:

a)      That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

b)      That there are sufficient environmental planning grounds to justify contravening the development standard.

 

Council must be satisfied that the Applicant’s written request has adequately addressed the matters required to be demonstrated and that the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out (noting that the concurrence of the Secretary is not required to be obtained in this instance).

 

3.       The Development Standard to be varied

The development standard to be varied is the minimum lot size planning control of 4000m² applicable to this site under LEP 2014 clause 4.1E as described above.

 

The minimum lot size planning control is a development standard in accordance with the applicable definition in section 4 of the Environmental Planning and Assessment Act 1979 because it is a provision of an environmental planning instrument in relation to the carrying out of development, being a provision by or under which requirements are specified or standards are fixed in respect of any aspect of that development, being the area of land.

 

4.       Extent of Variation to the Development Standard

The extent of the variation is 30% as indicated above.

 

5.       Objective of the Development Standard

The objectives of development standard subclause 4.1(E) are is to achieve planned residential density in certain zones. The intent for this particular site was solely for the purpose of Low Density Residential purposes.

 

6.       Objectives of the Zone

The objectives of the R2 Low Density Residential and RU1 Primary Productions Zones are stated and have been addressed in this section of this report above.

 

7.       Assessment – the specific questions to be addressed:

a)      Clause 4.6(3)(a) – Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

The clause 4.6 written request submitted in support of the DA advises as follows in this regard:

‘It is submitted that compliance with the development standard is both unreasonable and unnecessary in the circumstances of this particular case. The proposed development includes land identified as RU1 Primary Production in accordance with the provisions of BLEP14. The approved subdivision of the lot created a land parcel with multiple zones over the land. The subject site is largely zoned R2 Low Density Residential. The strict compliance with the development standard is unreasonable given the approved lot configuration and land use zoning. It is also submitted that strict compliance with development standard is unnecessary in the subject circumstances whereby a residential development is proposed on an approved allotment within an existing urban subdivision and setting’.

 

 

b)      Clause 4.6(3)(b) – Are there sufficient environmental planning grounds to justify contravening the development standard?

The clause 4.6 written request submitted in support of the DA advises as follows in this regard:

‘The environmental planning grounds to justify the development standard relate to the approved allotment and associated land use zoning. The creation of an allotment with part of the land zoned RU1 Primary Production, part zoned R2 Low Density Residential and part zoned 1(a) General Rural has resulted in a proposal which does not strictly comply with the development standard but is consistent with the form and scale of development envisaged by the planning controls’.

 

c)      Clause 4.6(4)(a)(ii) – Is the proposed development in the public interest? Is it consistent with the objectives of the standard and the zone as set out above?

The clause 4.6 written request submitted in support of the DA advises as follows in this regard:

‘The proposed development is consistent with the objectives of the particular development standard. The development standard seeks to ensure that development for the purposes of detached dual occupancy in rural zones is undertaken on allotments with an adequate area to accommodate the proposed development and able to cater for servicing of the land, particularly wastewater management. In the subject case the allotment is connected to Council’s sewerage system and strict compliance with the minimum lot size is not necessary particularly having regard for the partial R2 Low Density Residential zoning of the land’.

 

The proposal produces a better planning outcome than one that strictly complies with the development standard because requiring strict compliance would result in built form that is not in keeping with the approved and establishing built form of this locality. The circumstances of the case warrant a more flexible approach to the application of the minimum lot size development standard, which in this case, is merely due to zoning mapping that is not reflective of the intended use for this site. The Applicant’s variation request is supported and the development application is recommended for approval despite the non-compliance. No public submissions have been received to the exhibition of the development application and the proposed development is considered to be in the public interest.

 

It is further noted that the mapped zoning of the subject site will be amended as part of Council’s housekeeping amendments to the BLEP 2014.

 

4.3       Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

 

1.       Draft State Environmental Planning Policy (Coastal Management) 2016 (CM SEPP). The proposal is unlikely to conflict with this Policy.

 

2.       The Department of Planning and Environment (‘DPE‘) has announced a Draft Remediation of Land SEPP (‘Draft SEPP‘) which will repeal and replace the current State Environmental Planning Policy No 55—Remediation of Land (‘SEPP 55‘). The Explanation of Intended Effect of the Draft SEPP is on exhibition to 31 March 2018. The Draft SEPP will maintain the two categories of remediation work currently in SEPP 55:

·        Category 1 – works that require development consent; and

·        Category 2 – works that may be carried out without development consent.

 

The proposal is unlikely to conflict with this Policy.

 

4.4A  Byron Shire Development Control Plan 2014 (DCP 2014)

 

DCP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP& A Act 1979 because it applies to the land to which LEP 2014 applies. The DCP 2014 Chapters that are detailed below are of relevance to the proposed development:

 

Part A:  Preliminary

The appropriate plans were submitted by the applicant. Public Notification was undertaken as per the requirements of this Chapter.

 

Chapter