Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 24 May 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       Ordinary Meeting held on 19 April 2018

6.2       Extraordinary Meeting held on 17 May 2018

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Letter to Coastal Panel regarding Development Applications for Belongil Beach............ 6

9.2       Increasing Newstart to Reduce Pressure on Council Community Services.................... 8

9.3       Lone Goat Galley s355 Committee Membership........................................................... 10

9.4       Esplanade Laneway, New Brighton................................................................................ 11

9.5       Clay Heath Restoration Project Stakeholder Concerns................................................. 15

10.  Petitions

11.  Submissions and Grants

11.1     Byron Shire Council Grants and Submissions as at 7 May 2018................................... 17

12.  Delegates' Reports  

13.  Staff Reports

Corporate and Community Services

13.1     Council Resolutions Quarterly Review - 1 January 2018 to 31 March 2018................. 20

13.2     Proposed Rural Fire Service Relocation to Cook Pioneer Centre................................. 25

13.3     Section 355 Management Committee matters............................................................... 28

13.4     LGNSW Regional Summit.............................................................................................. 31

13.5     Minutes of Public Art Panel meeting held 26 April 2018................................................. 33

13.6     Investments April 2018.................................................................................................... 36

13.7     Budget Review 1 January 2018 to 31 March 2018........................................................ 44

13.8     Poker Machine Policy investigation ............................................................................... 55

Sustainable Environment and Economy

13.9     PLANNING - State Environmental Planning Policy No. 1 - Variations to development standards - 1 October 2017 to 31 December 2017 ............................................................................. 58

13.10   Minutes of the Heritage Panel Meeting 29 March 2018................................................. 61

13.11   Report of the Planning Review Committee Meeting held on 12 April, 2018.................. 64

13.12   PLANNING - Development Application 10.2017.280.1 Development Application for Alterations and Additions to existing building including, construction of basement car park, Restaurant at ground level (including cellar bar and sandwich bar), and two self contained Motel or Hotel Accommodation units at first floor level at 32-34 Byron Street Bangalow......................................................... 66

13.13   Final Bangalow and Mullumbimby Movement Strategies - for incorporation into Bangalow and Mullumbimby Place Plans............................................................................................... 80

13.14   Update - Resolution 18-266 The Terrace Reserve Holiday Park, Brunswick Heads  .. 83

13.15   PLANNING - Development Application 10.2017.460.1 - Utility Installation: Telecommunication Tower at 54 Jones Road Wooyung  .......................................................................................... 87

13.16   PLANNING - Submissions Report - 26.2017.5.1 - Planning Proposal to activate the Rail Corridor in Byron Town Centre....................................................................................................... 106

13.17   New legislative provisions relating to the Joint
Regional Planning Panels and Sydney Planning Panels.............................................. 114

Infrastructure Services

13.18   Clarkes Beach Stormwater and Gully Rehabilitation Works  - update......................... 118

13.19   Mullumbimby Leagues Club Amenities Facility Section 64 Contribution..................... 124

13.20   Grays Lane Upgrade Status Update............................................................................. 128

13.21   Compulsory acquisition Lot 11 in DP 1239057 Main Arm proposed extension to Main Arm Rural Fire Brigade Station.............................................................................................................. 133

13.22   Tweed Street Master Plan Status Update..................................................................... 136

13.23   Brunswick Valley Sustainability Centre Reforestation Project..................................... 140

13.24   Recycled Water Irrigation Projects Byron Bay............................................................. 142   

14.  Reports of Committees

Sustainable Environment and Economy

14.1     Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 26 April 2018............................................................................................................................... 145

14.2     Report of the Biodiversity Advisory Committee Meeting held on 30 April 2018........... 147

Infrastructure Services

14.3     Report of the Transport and Infrastructure Advisory Committee Meeting held on 20 April 2018 149   

 

15Questions With Notice

15.1     Valances Road Plan of Management........................................................................... 151

15.2     Woolies Car Park.......................................................................................................... 152

15.3     Brunswick Valley STP Monitoring Point 5.................................................................... 154   

16.  Confidential Reports

General Manager

16.1     Confidential - General Manager Recruitment....................................................... 155


 

Corporate and Community Services

16.2     Confidential - Byron Shire Council purchase from Health Administration Corporation         156

Sustainable Environment and Economy

16.3     Confidential - Expression of Interest 2018-0018 - Multi Use of Byron Shire Rail Corridor   158

Infrastructure Services

16.4     Confidential - 2017-0042 - Bus Shelter Tender - Award of Tender...................... 160  

 

 

 

 

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     Letter to Coastal Panel regarding Development Applications for Belongil Beach

File No:                                  I2018/861

 

  

 

I move:

 

1.    That Council acknowledge that formal submissions have been made by Council regarding the following Development Applications to the Coastal Panel:

 

·   Development Application number: CP 17 006

·   Development Application number: CP 17 007

·   Development Application number: CP 17 008

·   Development Application number: CP 17 009

·   Development Application number: CP 17 010

 

2.    That, additional to the submissions, the Mayor and Councillors additionally send a letter to the Coastal Panel expressing the following:

 

a)  the high level of community concern around this issue;

b)  concern at the paucity of advertising for the Development Application,  the difficulty of finding the advertisement in the local paper, and the brevity of the exhibition period;

c)  the difficult of finding the DAs on the Coastal Panel website;

d)  that Council’s position for many years, supported by community and court precedents, has been for the policy of ‘planned retreat’

e)  that Council reaffirms the community majority-held position that does not support engineering of Byron Shire’s beaches, including the replacing of rock walls that were placed there without Council approval.

 

 

 

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

 

The recent re-exhibition of 4 DAs seeking to repair/replace rock walls at Belongil and the addition of a new DA to do the same almost went unnoticed by community members. The advertisements for the 4 were on page 43 of the Byron Echo, whilst the advertisement for fifth, CP17 010, is yet to be found; the Echo didn’t appear to have it when asked.

 

The issue of rock-walling Belongil Beach – or any beaches in Byron Shire is a point on which the majority of the community are in fast agreement. The composition of this Council is largely a reflection of the community on this topic as a touchstone issue in the Shire.

 

A single advertisement for the 4 DAs, effectively buried in the back of the local paper, could not be seen as enough notice of these potentially significant works – which could overturn a more than 30-year policy of ‘planned retreat’.

 

Many residents had difficulty in locating the DAs on the web page as they were not on the Coastal Panel page. One had to find the ‘transitional’ page and then scroll a long way down to a list that had no identifying addresses, only numbers.

 

Whilst there was no deliberate design to discourage people from participating in the submissions process, it was certainly made difficult – if a person even knew that there were DAs on exhibition in the first place.

 

As such, many people did not have the time, the capability or the knowledge of their existence to make submissions on the exhibited DAs. Acknowledging that Council is not the consent authority and the Coastal Panel will assess the applications I believe, nevertheless, that it is Council’s role to convey, on behalf of the community that people did not feel they had proper and fair access to the process and that they would, overwhelmingly, not be in support of the DAs exhibited.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Increasing Newstart to Reduce Pressure on Council Community Services

File No:                                  I2018/849

 

  

 

I move:

 

That Council:

 

1.   Publicly advocate to the relevant Federal Government ministers for the Newstart Allowance to be increased from the current rate of $269, by at least $70 per week.

2.   That copies of the letter be sent to all NSW Federal MHRs and Senators.

 

 

 

 

 

Signed:   Cr Sarah Ndiaye

 

Councillor’s supporting information:

 

The low rate of Newstart is exacerbating poverty and homelessness. To help bring dignity to those in need and to reduce the subsequent increased pressure on communities and Council’s community service resources, it must be raised. Newstart is currently set at only $269 per week. This is $177 per week below the poverty-line. It is less than 41 per cent of the minimum wage, less than 18 per cent of the average wage, and has not been raised in real terms for 24 years. It should be raised to the level of the Henderson Poverty Line - $517 per week.

 

The Business Council of Australia advocated to the government that the low rate of Newstart presents a barrier to employment and risks entrenching poverty.

 

Increasing Newstart would benefit local economies by increasing the spending power of those on low incomes, whose extra funds would circulate through local businesses. It would also reduce the strain on Council community services assisting the growing number of people experiencing hardship, especially due to homelessness and issues created by the high rate price of housing.

 

At least eleven local councils in Australia have added their voices to the chorus of business, union and welfare groups which have called for Newstart to be increased.

 

Staff comments by James Brickley, A/Director Corporate and Community Services, Corporate and Community Services

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

 

Council works in partnership with a range of funded service providers, community groups and agencies to support vulnerable communities, and encourages a collective approach to ensuring the needs of the community are met. This includes working collaboratively to reduce duplication, improve knowledge and data sharing, and identify gaps in service provision. Where gaps are identified, Council advocates with Federal and State government agencies for members of the Byron Shire community, working closely with agencies such as Department of Premier and Cabinet and Families and Community Services to improve the outcomes for the community.

 

It is noted that the allocation/determination of Newstart is a Federal Government issue and falls outside any control of Local Government.  It is understood that a motion was recently put to the Australian Senate on 10 May 2018 to increase the Newstart allowance but this motion was not supported by the Senate at that time.

 

The current Australian Senate decision aside, should Council adopt this Notice of Motion, Council would write to relevant NSW Federal Government MHRs and Senators to advocate for an increase in the Newstart allowance.

 

Financial/Resource/Legal Implications:

 

Minimal financial implications relating to staff time in preparing correspondence.

 

Is the proposal consistent with any Delivery Program tasks?

 

No in respect of the Newstart Allowance itself in isolation as it is outside the control of Byron Shire Council and Local Government being a Commonwealth Government responsibility.

 

However, the Delivery Program though includes (SC 1.1.1) to “Develop and maintain collaborative relationships with government, sector and community” with an action to ‘Undertake strategic advocacy for increased and improved and inclusive service delivery’. 

 

The advocacy in writing to NSW Federal Government representatives could be considered consistent with the action as requested by this Notice of Motion.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Lone Goat Galley s355 Committee Membership

File No:                                  I2018/851

 

  

 

I move that Council advertise for the appointment of three visual arts representative members to The Lone Goat Gallery Board (355 committee), to ensure a balanced representation and a diversity of skills on the governing management committee.

 

 

 

 

 

Signed:   Cr Jan Hackett

 

Councillor’s supporting information:

 

Currently the LGG Board has been reduced in number to 4 active community members.

When the Board was first created, it consisted primarily of Visual Arts representatives and numbered around 6-8. The membership has been very fluid over the past two years and with recent resignations, is left with only 4 active members whose skills lie mostly outside the arts field.

The LGG Board has made great progress since its inception, in developing an exhibition space that markets a high standard of works by artists, local and beyond. However, there is still much to be done before our Shire can boast of having a community or regional gallery of any great significance in NSW.

 

It is therefore imperative to broaden the membership of the LGG Board to include members representative of the visual arts, specifically with experience in (fine) arts administration and gallery management if at all possible.

 

Staff comments by Sarah Ford, Manager Community Development, Corporate and Community Services

 

The Lone Goat Gallery Board has four community members. This presents a risk to the Board should a Board member resign or take a leave of absence. The Manager Community Development supports the recommendation to advertise for additional Board members with specific skills in visual arts, arts administration or community gallery experience.

 

Financial/Resource/Legal Implications:

 

Costs for placing an advertisement in Council Notices is allowed for in the Community Development Section 355 admiration budget.

 

Is the proposal consistent with any Delivery Program tasks?

 

SC 2.1.2 Provide meaningful and inclusive opportunities for volunteers

SC 2.4.1 Enhance opportunities for interaction with art in public spaces.

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Esplanade Laneway, New Brighton

File No:                                  I2018/855

 

  

 

I move:

 

1.  That Council prioritise works to address the 4 main issues presently at play in the Esplanade Laneway, New Brighton in particular:-

 

a.       Reconstruct the street surface with a full width of asphalt to accommodate short term parking if possible, allowing single vehicle access for emergency and garbage collection vehicles and address the drainage issues;

 

b.      Provide local residential traffic unimpeded access into and out of their property;

 

c.       Provide relevant signage limiting parking hours, no parking in driveways, no camping and no dumping of rubbish and green waste in addition to those identified in Res 18-090; and

 

d.      Repair and improve dune fencing to prevent pedestrian trespassing and unapproved access over the dunes to the beach.

 

2.  That Council expedite the installation of regulatory signage as per Res 18-090.

 

 

Attachments:

 

1        Esplanade Laneway NoM Attachment, E2018/38916

 

 

Signed:   Cr Alan Hunter

 

Councillor’s supporting information:

 

Council needs to be able to provide reasonable service for all rate paying residents and this is presently not the case in The Esplanade Lane, New Brighton.

 

Eight of the residents that access the laneway are currently denied the services normally expected in the rest of the shire. These are outlined in a letter to council sent in October 2017 and in part attached to this Motion.

 

It is of concern that Council hasn’t appeared to account for the change in the adjacent companion animal off-leash area that starts from level with Strand Avenue and extends to 500 metres north of the northern break wall of the Brunswick River.  Patrons of this area often can only park in the laneway causing mayhem for residents.

 

On behalf of these residents I ask for your support to provide a better service normally expected of council.   

 


 

Staff comments by Tony Nash, Manager Works, Infrastructure Services Directorate:

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

 

The issue of traffic, parking and access to residential properties in this section of The Esplanade was considered by the Local Traffic Committee at their meeting on 16 January 2018 and their recommendation was considered at the Council meeting on 22 February 2018 with the following resolution:

 

Res 18-090

 

That the Local Traffic Committee recommend to Council to regulate parking in the Southern cul-de-sac end of The Esplanade, New Brighton through the installation of “No Parking” and “Parallel Parking” and other relevant and appropriate signage to improve access for residents and service vehicles.

 

The cost to install the new no parking and parallel parking signs is in the range of $6,000 to $8,000 and is currently unfunded in both the 2017/18 budget and that proposed for 2018/19.

 

The southern section of The Esplanade which is the subject of the LTC report is approximately 200m long and the road pavement and associated assets are either in very poor condition or non-existent. The road reserve has a number of beach accesses, trees, retaining walls, dune fencing, private plantings and there is no area at the end of the road for vehicles to turn around.

 

This NOM is requesting the repair and improvement of dune fencing for beach access and to prevent unapproved access across the dunes; and priorization of civil works to construct road pavement and associated assets to provide unhindered access to residential properties; single vehicle access for emergency vehicles and garbage trucks; provision of short-term parking, if possible, and to address stormwater drainage issues.

 

Additional signage for time-limited parking, no dumping of rubbish and green waste is also requested. The additional sign works would be expected to cost in the range of $1,000 to $2,000.

 

The requested dune fencing and civil works proposed in this NOM need to be investigated to determine what can be done in this space in the road reserve and at what cost. This would include consideration for traffic, on street parking, end of road turnaround for vehicles and driveways to the residential properties, whilst having no or minimal impact on trees, plantings and other existing structures. Preliminary estimates are that these works could be in the range of $200,000 to $300,000.

 

An option is to undertake initial survey, civil design and other investigations to determine the works required and provide a more detailed and known cost estimate with funding of any actual works provided in a future financial year.  An initial budget of $20,000, approximately 10% of total project cost, would be sufficient to undertake the survey design and other investigations.  At present there is no funding in both the 2017/18 budget and that proposed for 2018/19 for these dune and civil works in the southern section of The Esplanade.

 

Financial/Resource/Legal Implications:

 

Council Res 18-111 is applicable;

 

Res 18-111

 

5. That Council reaffirm that no expenditure is to occur without an approved budget backed by resolution of Council.

 

Initial cost estimates for RES 18 - 090 for the new signage and also for the additional signage for no dumping and green waste are in the range of $7,000 to $9,000.

 

An initial budget of $20,000, approximately 10% of total project cost would be sufficient to undertake the survey design and other investigations for the civil works and dune fencing / beach access works.

 

Funding for these investigative works is best considered as part of the discussions on the capital works budgets for 2018/19 FY as it is likely that adjustments to proposed budgets for projects nominated in 2018/19 will be required to provide this funding, as there is no easily identifiable, unallocated funding for these new works.

 

Options for providing the funds in 18/19 are detailed below. As the works proposed in this NOM are new works certain sources of funds are not allowable or not applicable, such as:

 

·   17/18 Special rate variation

·   S94 (not listed in current plans)

 

The allowable sources of funds are:

 

ü Revenue

ü Infrastructure Renewal Reserve (IRR- Non Byron Bay funding)

ü Existing SRV

 

Projects where all or part of the funding could be diverted to this section of The Esplanade are listed in the following table:

 

Project

Location

Type

Total Budget

Budget options for funding The Esplanade

Source of Funds

 

Footpaths, Kerb & Gutter

 

 

 

 

 

Access ramps and footpaths Works

Other

 

Upgrade

62,500

 

44,000

Existing SRV

Replacement of damaged Kerb and Gutter Shire Wide as per inspection Report

Other

Renewal

26,200

23,900

Existing SRV

Replacement of damaged Footpaths Shire Wide as per inspection Report

Other Other

Renewal

123,400

84,300

Existing SRV

Reseals

 

 

 

 

 

Goonengerry Road CH7270-13630

Other

Renewal

220,700

21,500

Existing SRV

Left Bank Road 4850-5500

 

Other

Renewal

28,100

28,100

Existing SRV

Main Arm Road CH9030-9400

Other

Renewal

21,500

21,500

Existing SRV

Myokum Street CH0-274

Other

Renewal

12,100

12,100

Existing SRV

Stuart Street CH980-1140

Other

Renewal

7,400

7,400

Existing SRV

The Manse Road CH20-880

Other

Renewal

51,600

51,600

Existing SRV

Repentance Creek Road CH2620-4695

Other

Renewal

81,300

81,300

Existing SRV

 

Other

 

 

 

 

 

Development of an Integrated Shire-wide Transport Strategy

Other

New

75,000

75,000

IRR

Clifford St / Broken Head Road intersection - initial safety works

Suffolk Park

Renewal

80,000

80,000

IRR

Mafeking Rd - construction & sealing

Other

Upgrade

110,000

110,000

Revenue

Cedar Rd - construction & sealing

Other

Upgrade

27,000

27,000

Revenue

CPTIGS - Bus Shelters

Other

New

60,000

60,000

Revenue

 

 

 

 

727,700

SUBTOTAL

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes

 

Action CI2.3.1 in the 2017/18 Delivery Plan is “Deliver the approved Capital Works Program” by “Implementation of approved and funded capital projects.”. This can be achieved for this NOM with the provision of budgets by Council.

 

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.5

 

 

Notice of Motion No. 9.5     Clay Heath Restoration Project Stakeholder Concerns

File No:                                  I2018/856

 

  

 

I move:

 

1. That Council contact NPWS regarding the Clay Heath Restoration Project on Paterson Hill and request the following:

 

a)    That NPWS cease the clearing of trees in the area for six weeks;

 

b)    That Council hold a meeting of stakeholders including:

 

·      Tamara Smith, MP for Ballina

·      NPWS representatives

·      Andy Baker, ecologist for NPWS and lead of the Clay Heath restoration project

·      Councillors

·      Affected residents

·      Council ecologists.

 

2.  That the stakeholder meeting takes place within a month of this meeting.

 

Attachments:

 

1        Baker 2010 Clay Heath Restoration Management Plan, DM1052376

2        Pacific Vista Drive Planting Proposal, E2018/39568

3        Letter of support Pacific Vista weed control, E2017/11474

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

 

Having met with residents, Tamara Smith and an ecologist on the site, it seems advisable that some clarity and better communication needs to be achieved around the work being undertaken in the National Park area at Paterson Hill. Whilst few would argue with good ecological outcomes, such as the restoration of the Graminoid Clay Heath EEC, residents are very concerned at what is going on around them and, despite querying Council staff and NPWS staff, several residents are confused and do not feel their enquiries are being properly addressed.

 

It should be noted that Council does not necessarily take a position on the works being undertaken but is acting to dissipate community concern and confusion.

 

In light of the confusion felt among residents given inconsistent and apparently conflicting information from Council staff and NPWS regarding: 

 

·   the poisoning of trees in the area – allegedly as past of the Clay Heath EEC restoration project  although some others appear to have been poisoned that are not in the project;

·   the apparent apportioning of grant funding for the project that NPWS has no knowledge of;

·   the canvassing of local residents to contribute to tree clearing costs in front of their homes (by whom and for what?), and,

·   the general dismay at seeing hundreds of trees removed,

·   it is advisable that a meeting of the stakeholders be convened as soon as possible.

 

Staff comments by Clare Manning Biodiversity Officer Sustainable Environment & Economy

 

The Byron Bay Dwarf Graminoid Clay Heath Community (Graminoid Clay Heath) is an Endangered Ecological Community (EEC) consisting of low-growing woody shrubs and grasses.  Graminoid Clay Heath is only found at two locations in Byron and Tweed Shire.  It provides unique habitat to a range of threatened flora and fauna. Graminoid Clay Heath is also a significant cultural landscape for the Bundjalung of Byron Bay Arakwal People who used fire to maintain the heathland as a vital source of bush foods including edible tubers.  In Byron Shire, only 16 ha of this community remain in Byron Bay, occurring in small, disturbed and isolated fragments. 

 

Guided by a detailed restoration management plan (Attachment 1) Council staff and the National Park & Wildlife Service have been working in partnership for almost a decade to restore the Graminoid Clay Heath and the natural processes it relies on to survive. The aim is to restore the structure, function, dynamics and integrity of the Graminoid Clay Heath vegetation and the habitats they support.  This primarily involves:

 

·   Eradication of environmental weeds.

·   Native seed collection, propagation and planting

·   Undertaking ecological burns. Some sites have already had successful ecological burns in 2008, 2009, 2015 and 2018 with the operational support of the National Park & Wildlife Service, Fire & Rescue NSW, NSW Rural Fire Service and Ballina Aviation Services.

·   Control of trees displacing the Graminoid Clay Heath. Trees including native tree shading out the Graminoid Clay Heath are removed or killed in-situ.

 

The work has been undertaken with a combination of funding sources from Council, National Park & Wildlife Service, external funds e.g. from the NSW Environmental Trust and private contributions.

 

Since commencement of restoration works, consultation with all stakeholders including immediately adjoining residents to the Graminoid Clay Heath have been undertaken. This includes consultation with directly affected residents at Pacific Vista Drive to which this matter relates too (Attachment 2). A resident meeting was held on the 21 February 2018 with Council staff and Dr. Andy Baker of Wildsite Ecological Services.  It is noted that while not every resident on Pacific Vista Drive was consulted, those that were directly in the line of the works, were. Council provided a letter of support for restoration works on 16 February 2017 (Attachment 3).

 

Council staff has responded to previous enquiries from Tamara Smith, MP for Ballina on 7 March 2018 on Graminoid Clay Heath restoration works in general and associated works in the area on Pacific Vista Drive.

 

As staff have already engaged with directly affected residents, clarity is required on who are the ‘affected residents’ to invite their attendance to the stakeholder meeting as recommended by this NOM.

 

Financial/Resource/Legal Implications:

 

There will likely be costs associated with the consultant attendance.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes

 

Objective CM2 – Informed and Engaged Community   


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Byron Shire Council Grants and Submissions as at 7 May 2018

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2018/843

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.

 

In March and April, Council sought applications from the community for the Stronger Country Communities Fund (Round 2) to be submitted by Council.  Thirty-one applications were received totalling $8.9M. These are documented in the report.

 

  

 

RECOMMENDATION:

That Council note the report and attachments #E2018/38160 and #E2018/38131

 

 

Attachments:

 

1        BSC Grants and Submissions as at 7 May for 24 May Ordinary Meeting, E2018/38160

2        Stronger Country Communities Fund Round 2 Supplementary Register May 2018, E2018/38131

 

 


 

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

 

In March and April, Council sought applications from the community for the Stronger Country Communities Fund (Round 2) to be submitted by Council.  Thirty-one applications were received from a range of community groups.  The projects totalled $8.9M. These are documented below and in Attachment 2.

 

Successful Applications

 

·    Illegal Dumping and Littering Education and Enforcement Plan, NSW Environmental Protection Authority - $79,400

 

 

Applications Submitted

 

·    Byron Bay Skatepark, Regional Sports Infrastructure Fund (NSW Department of Premier and Cabinet

·    Stronger Country Communities Fund Round 2 (NSW Department of Premier and Cabinet):

A Covered Deck for Coorabell Hall

A New Modern Amenities Building for Mullumbimby Leagues Club and the Local Community

Bangalow Community Children’s Centre Needs a Hug

Byron Bay Surf Club Life Saving Club – Roof Sheeting Replacement & Exterior Painting Works

Byron Shire Flood Warning Network

Community Arts Hub

Community Fitness for Mullumbimby

Connecting Suffolk Park's Cyclists to Byron Bay

Construction of Amenities Building, Toilet/Change Rooms with Associated Infrastructure at the Eureka Public Recreation Reserve

Essential Upgrade to the Heritage-Listed Eureka Hall - Outdoor Landscaping, Disabled Toilets and Kitchen Renovation

Establishing a Community Rainforest Tree Nursery and Planting Scheme in the Byron Shire

Joining The Dots: Revitalising Bangalow Parklands By Building Footpaths and Parking to Connect The Community

Left Bank Road Shared Pedestrian/Bike Pathway - Tuckeroo Ave to Population & Education Hubs

Main Arm Bikeway – Causeway Deck

Make Byron Theatre a Better Experience

Mullumbimby Community Garden Harvest Community Kitchen

Mullumbimby High School Bus Interchange Shelters

Mullumbimby Tennis Club: Two New Hard Courts

Multi-Use Recreational Circuit - Cavanbah Centre

Netball Courts to Facilitate the Growth of the Bangalow Netball Club

New Playground and Native Learning Garden at Main Arm Upper Primary School for The Community and Environs

Refurbish and Upgrade the Ocean Shores Country Club Swimming Pool and Lawn Bowls precincts

Refurbishment and Enhancement to the Drill Hall Building of the Mullumbimby District Cultural Centre

Refurbishment and Equipment Supply for the Lone Goat Community Gallery, Byron Bay – 2018

Refurbishment of Bangalow Lions Club Bar & BBQ Kiosk at Bangalow Showground

Refurbishment of CWA Hall, Brunswick Heads

Refurbishment of Downstairs Kitchen and Undercover Area at Mullumbimby Golf Club

Refurbishment of The Brunswick Valley Historical Society Inc’s (BVHS) Museum Buildings in Mullumbimby

Refurbishment of The Mullumbimby War Widow’s Cottage Bathroom, Laundry and Training Room for Youth Activities

Resurfacing Of Two Synthetic Tennis Courts, Replacement of Four Net Posts at Booyong Recreation Reserve

Shared Cycleways – Connecting Places and Spaces in Ocean Shores

The Mullumbimby Gateway – Repair & Renew

To Expand and Enhance Suffolk Park Recreational Sports Field

Total Refurbishment of the Sub-Standard Torakina Amenities Block in Brunswick Heads

 

Additional information on the grant submissions made and/or pending is provided in Attachment 1 – Submissions and Grants report as at 7 May 2018 and Attachment 2 – Stronger Country Communities Fund Round 2 Supplementary Register.

 

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

18,848,875

Council cash contribution

10,393,699

Council in-kind Contribution

330,158

Other contributions

17,324,960

Funding applications submitted and awaiting notification (total project value)

46,897,692

 

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           Council Resolutions Quarterly Review - 1 January 2018 to 31 March 2018

Directorate:                 Corporate and Community Services

Report Author:           David Royston-Jennings, Corporate Governance Officer

File No:                        I2018/631

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

This report provides an update on the status of Council resolutions.

 

Council should note that 195 resolutions were completed during the period 1 January to 31 March 2018. This is an increase of 143 resolutions compared with the same time period in 2017.

 

There were 121 active resolutions as at 31 March 2018. This is a decrease of 10 resolutions compared with the previous reporting period as at 31 December 2017, on which date there were 131 active resolutions.

 

Resolutions could be active or overdue as a result of budget constraints, staff resourcing, extended negotiations with stakeholders, or other reasons.

 

  

 

RECOMMENDATION:

That Council:

1.       Note the information provided in this report on active Council Resolutions in Attachment 1 (#E2018/28602).

 

2.       Note the completed Resolutions in Attachment 2 (#E2018/36724).

 

3.       Close Resolutions 11-646, 14-096 and 18-193, due to them being no longer relevant, superseded by subsequent resolutions, or not resourced.

 

4.       Alter the reporting requirement determined in Resolution 17-136, regarding Council’s Online Road Register, from monthly to quarterly updates.

 

Attachments:

 

1        Active Resolutions as at 31 March 2018, E2018/28602

2        1 January 2018 - 31 March 2018 Completed Resolutions Report , E2018/36724

 

 


 

Report

 

This report provides a quarterly update on the status of Council Resolutions to 31 March 2018.

As at 31 March 2018:

 

·   195 resolutions were completed since 1 January 2018

·   121 resolutions remained active

 

The active Council resolutions per Council terms are provided below:

 

·   112 active Council Resolutions from current Council (2016-2020)

·   8 active Council Resolutions from previous Council (2012-2016)

·   1 active Council Resolution from prior Council (2008-2012)

 

Resolutions completed during this reporting period include the adoption of the compliance priorities program for 2018, ensuring the correct spelling of Dening on all signage, nominating Cr Richardson as delegate to the LGNSW Tourism Conference and Australian Coastal Councils Conference, adoption of the Commercial Use of Road Reserves Policy, amending time limits to paid parking in Byron Bay, nominated Councillors to the new Biodiversity Advisory Committee and Sustainability and Emissions Reduction Advisory Committee and approving the inclusion of the Council area in the Joint Organisation’s area.

 

Details of completed resolutions for the period are provided at Attachment 2 (E2018/36724). 

 

Table 1 provides a summary of Council resolutions that are no longer relevant or that have been superseded either by other resolutions, legislative change or other matters.

 

Table 1: Council resolutions that are no longer relevant or that have been superseded by other resolutions:

 

Meeting Date

Resolution No.

Report Title

Staff Comments and Recommendation

20 March 2014

14-096

Noise investigation at Suffolk Park Skate Park

 

Final outstanding item is:-

 

c) modifications to the amenities building, with new change rooms and canteen, subject to plans being developed and approved by council's infrastructure services division

and quotes indicating the works can be built within budget, providing funds of $100,000

 

The Open Space Team are currently undertaking community consultation for the Suffolk Park Recreation Grounds master plan and subsequent Plan of Management for this precinct. 

 

Amenities project transferred to Open Space and is to be delivered in line with the future adopted Plan of Management for this precinct.

 

Consultation with the Soccer Club, Suffolk Park Progress association and Staff was undertaken in May 2018 specific to these amenities for project consideration within the Draft Plan of Management for Council Consideration.

 

On the above basis, it is recommended that this resolution be closed as item c) is to be addressed through the development and adoption of a Plan of Management for the Suffolk Park Recreation Grounds. 

25 August 2011

11-676

Commercial Bins in Lawson Street (north) Car Park, Byron Bay

The original report to Council provided the following recommendation to address the historic (over 20 years) issue associated with businesses storing commercial skip bins on the community land parcel in the Lawson Street North car park.

 

RECOMMENDATION:

 

1. That Council proceed with an amendment to the LEP to provide for the reclassification of the Community Land at Lot 4 DP 827049 to Operational Land to permit the leasing of land for the purposes of businesses to operate commercial waste bins upon the land.

 

2.That subject to finalisation of the reclassification processes:

 

(a)  Council requires all land holders / business operators and a licensed waste

disposal company, utilising the Lawson Street (north) car park for the disposal of waste, to enter into a lease arrangement with Council for the commercial use of the public land following the reclassification of the land to operational.

 

(b)  Council include in the lease arrangements a fee to be set on an annual basis and that all costs associated with creating the leases be met by the applicants.

 

(c)  Council require, as part of the lease arrangements, the land holders / business operators and a licensed waste disposal company to fully fund the screening of the garbage bins, with the screen to be designed and erected following approval of Council and at no cost to Council.

 

(d)  the requirements of 2(a), (b) and (c) above be implemented in all operational public areas across the town centres of the Shire, where land holders / business operators utilise public land for the disposal of their garbage as resources permit.

 

3.  That Council compliance officers enforce regulations as they pertain to health and the environment to ensure the areas around the commercial garbage bins in the Lawson Street north car park are maintained and kept clean as an interim measure until the lease arrangements come into effect.

 

Council resolved after consideration of this report:

 

that a further report be furnished regarding other existing commercial uses within Lot 4 DP 827049

 

Since this resolution a number of operational and strategic factors have emerged that have impacted on both the progression and direction of that resolution. These include:

• An organisational restructure

• Shift in staff responsibilities, priorities and resourcing levels

• Commencement of the master planning process

• Similar issues becoming evident in Lawson Street (South) car park and other areas throughout Byron Bay (and the Shire).

• Development of services and programs to enable improved commercial waste management practices (e.g. Plastic Free Alliance Byron project, commencement of a private commercial organics collection service, Bin Trim etc).

 

Responsibility for actioning this resolution has subsequently been transferred to the Resource Recovery Team. Staff have reviewed the original report, conducted preliminary consultation with current key stakeholders and conducted compliance action to address some of the immediate litter and illegal dumping issues.

 

In light of the abovementioned factors, staff plan to provide Council with an updated recommendation report for consideration which will involve a contemporary multi-faceted solution of improved waste management practices, infrastructure, potential leasing arrangements and ongoing surveillance and compliance action if required.

 

As such, it is recommended that resolution 11-646 be closed.

 

Table 2 provides a summary of Council resolutions that cannot be implemented due to resources not being available, allocated, or are allocated to other adopted projects, services, activities or works. Any resulting decisions of Council will be incorporated into the next quarterly review of resolutions.

 

Table 2: Council resolutions that are not resourced

 

Meeting Date

Resolution No.

Report Title

Staff Comments and Recommendation

22 March 2018

18-193

Item 4

Water and Sewer Equivalent Tenements Policy

The policy is written around the Water Directorate Guidelines which are based on state wide data and statistics. It is a significant resourcing issue to separately meter categories of businesses and is beyond the capacity of Council’s trade waste capacity.

 

Table 3 provides a summary of Council resolutions which are complete but require review:

 

Table 3: Council resolutions requiring review

 

Meeting Date

Resolution No.

Report Title

Staff Comments and Recommendation

24 April 2017

17-136

Online Road Register

It is requested that Council consider modifying the requirement from monthly updates to quarterly updates. This will allow for better management and will align with Council’s quarterly budget review processes and reporting to Council. In this way, the updates to the website will be made once Councillors have had the opportunity to receive a report and consider any necessary budget implications associated with proposed program changes.

 

Financial Implications

 

A number of resolutions note that resource constraints limit completion of action required.

 

Statutory and Policy Compliance Implications

 

·     Council requires a quarterly report be prepared to allow it to consider the six monthly Operational Plan and Quarterly Budget reviews along with a review of Council Resolutions.

·     Implementation of Council Resolutions in accordance with the Local Government Act 1993.

·     This report has been prepared in accordance with Part 3c) of Resolution 14-417.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Report No. 13.2           Proposed Rural Fire Service Relocation to Cook Pioneer Centre

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/670

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

Consideration is being given to relocate the Rural Fire Service administration to Cook Pioneer Centre in Mullumbimby. Co-locating the Rural Fire Service in the Mullumbimby civic precinct provides opportunity improve connections with all emergency combat agencies including Police, Ambulance, Courts, Fire as well as the Mullumbimby District Neighbourhood Centre. The proposed location for the RFS administration centre opens opportunities for collaboration with other emergency services and community organisations in the precinct to work together and improve community outcomes.

 

  

 

RECOMMENDATION:

That Council:

1.       Note the report and plans to relocate the Rural Fire Service from Council’s Administration building to a more suitable location at the Cook Pioneer Centre.

 

2.       Terminate from 30 June 2018 the Delegated Authority under Section 377 of the Local Government Act 1993 for a Section 355 Management Committee to manage the Cook Pioneer Centre, Mullumbimby.

 

2.       Formally thank the members of the Section 355 Management Committee for their years of effort and time in contributing to the community by managing the Cook Pioneer Centre.

 

3.       Continue to cover the costs of networking lunches and a small amount for room hire fees up to $1,800 per annum, until the end of the current term of Council (September 2020) at which time this will be reviewed, in recognition of the work of the Mullumbimby Senior Citizens group.

 

 

 

 

 


 

Report

 

Council has been in discussions with the Rural Fire Service (RFS) for a number of months regarding a suitable location for their administration office. Presently they are located in the end of the Mullumbimby Council Administration Centre which has limited customer interface and accessibility.

 

One of the key learnings from the recent impact of ex-tropical cyclone Debbie is that community and combat agencies need to have improved access and connection. Consideration is being given to relocate the Rural Fire Service administration centre to Cook Pioneer Centre in Gordon Street Mullumbimby. Co-locating the Rural Fire Service in the civic precinct provides opportunity improve connections with all combat agencies including Police, Ambulance, Courts, Fire as well as the Mullumbimby District Neighbourhood Centre. The proposed location for the RFS administration centre opens opportunities for collaboration with other emergency services and community organisations in the precinct to work together and improve community outcomes.

 

In natural disaster response planning and implementation, improved outcomes are achieved where ease of access to services and open communication channels are present. The relocation of the Rural Fire Service provides a more prominent and accessible street frontage for the service. Community resilience is improved where members of the public are active in the planning and readiness phase and the new location places the Rural Fire Service near their existing depot and provides for their office to be more accessible to all community members in a dedicated civic space.

 

The Byron and Ballina Shires operate a Service Level Agreement (SLA) under the provisions of the Rural Fires Act 1997 (NSW) which was last entered into on 1st July 2010. The term of the agreement continues until it is terminated pursuant to the provisions of clause 14. Clause 14 provides for a termination of the agreement "upon the expiration of six months notice in writing given by either the Councils or the Commissioner”.

 

Schedule 1 to the agreement identifies the Premises that the Commissioner (hence the Rural Fire Service) will occupy and use in execution of the Service Agreement.  This includes stations, Fire Control centres and radio repeater sites etc.  It also covers State wide common maintenance responsibilities for these premises.

 

The current agreement lists the Station St Council Admin Mullumbimby (Lot 10; DP 850902; Property No 1154820) for purposes of housing the ‘Fire Control Office’. In a letter dated 21 September 2017 to Council, the Deputy Commissioner of the NSW Rural Fire Service acknowledges the proposed “repositioning of the NSW RFS Office to a more central location, that will better support the local Volunteers and community” (S2017/18042). Discussions have been continuing with the local RFS management about a potential relocation to Cook Pioneer Centre.

 

Section 355 Management Committee

 

Council have consulted with the Section 355 Management Committee managing the Cook Pioneer Centre and wish to acknowledge the wonderful contribution the current Section 355 Committee has made to the Hall over many years, including the ongoing care and maintenance if this important asset.

 

The Section 355 Management Committee for Cook Pioneer Centre was first formed in 2002 when the Mullumbimby Senior Citizens Club relinquished their incorporated status. The Mullumbimby Senior Citizens Autumn Club was first formed in 1958 and they financed and built the Centre by setting up a trust, with the facility first opening in 1971. The facility was taken over by Council in 1988 with various management models used between 1988 and 2002.

 

The relocation of the Rural Fire Service will require the current Section 355 Management Committee to be disbanded and all hirers to be informed that the hall will cease to be a hireable space beyond 30 June 2018. In this regard, Council will support a smooth transition and provide assistance to the committee to find hirers alternative spaces for their activities. A number of alternative options for hirers have already been identified.

 

Current use of the hall includes 10 regular weekly/ monthly bookings and approximately 3 – 4 calls per month for ad-hoc bookings. Cook Pioneer Hall is one of a number of halls available for hire in Mullumbimby. Availability of alternative hireable space was a consideration in the proposal.

 

Hire fees for Cook Pioneer hall is comparable to other venues as per below:

 

·   Cook Pioneer Hall - $10 per hour

·   Mullumbimby Civic Hall –front room $15 per hour community rate

·   Drill Hall - $20 per hour

·   CWA Meeting space - $10 per hour

·   Uniting Church Hall - $10 per hour

·   St Johns school hall - $30 per hour with minimum time limits that apply

·   Mullumbimby Primary School hall $30 per hour

·   Wildspace at Mullumbimby Commons - free to not-for-profit groups or $20 per hour

 

In recognition of the work of the Mullumbimby Senior Citizens group, it is recommended continue to cover the costs of networking lunches until the end of the current term of Council (September 2020) at which time this will be reviewed. If required, Council will also consider covering the cost of venue hire for regular Hoy and Mullumbimby Senior Citizens meetings.

 

Financial Implications

 

The total budget available per annum for networking lunches and room hire for Hoy and meetings is $1,800 which will be funded from the Section 355 Committee reserve for Cook Pioneer Centre.

 

The fit out of the Cook Pioneer Centre to facilitate the Rural Fire Service move is estimated at $208,360. Council have applied for a Liquor and Gaming NSW Infrastructure Grant (Clubgrants) for $104,180 towards the cost of the fit out. The outcome of the grant application is expected during May 2018. The Special Rates for Community Buildings budget has an allocation of $104,180 in the 2018/2019 Draft Budget for the project, noting that works to undertake rectification after asbestos removal had already been identified for the building.

 

Statutory and Policy Compliance Implications

 

Section 355 and Section 377 of the Local Government Act 1993.

 

The Byron and Ballina Shires operate a Service Level Agreement (SLA) under the provisions of the Rural Fires Act 1997 (NSW) which was last entered into on 1st July 2010. The term of the agreement continues until it is terminated pursuant to the provisions of clause 14. Clause 14 provides for a termination of the agreement "upon the expiration of six months notice in writing given by either the Councils or the Commissioner”.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Section 355 Management Committee matters

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/702

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 Shanti Des Fours from Lone Goat Gallery Board of Management be accepted and a letter of thanks provided.

         

2.       That the resignations from Sarah Connellan and Ruth Ryan from the Bangalow Parks Trust Management Committee be accepted and that letters of thanks be provided.

 

3.       That the nomination from Murray Hand be accepted for the Bangalow Parks Trust Management Committee.

 

4.       That the resignation from Peter Mortimore from the Bangalow A&I Hall Board of Management be accepted and a letter of thanks provided.

 

Attachments:

 

1        Confidential - Confidential attachment to Council report 24 May 2018 additional community representatives for Section 355 committees, E2018/34397  

 

 


 

Resignations and Committee appointments

 

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

 

Lone Goat Gallery Board of Management

 

A resignation has been received from Shanti Des Fours.

 

Current members of this Management Committee are:

 

Councillors

Cr Jan Hackett

Cr Sarah Ndiaye (alternate)

 

Community Representatives

Margaret White (leave of absence)

Denise Napier (Chair)

Maureen Lightfoot (Treasurer)

Faye Dorczak (Secretary)

 

Management Recommendation

That the resignation from Shanti Des Fours be accepted and a letter of thanks be provided.

 

Bangalow Parks Trust Management Committee

 

A resignation has been received from Sarah Connellan and Ruth Ryan.

 

A nomination has been received for the Bangalow Parks Trust Management Committee. Details of nominees can be found in the confidential attachment.

 

Current members on this Management Committee are:

 

Councillors

Cr Simon Richardson

 

Community Representatives:

Neville Maloney (Treasurer)

Peter James Hill

Ian Grissell

Jan Hulbert (Chair)

Toni Appleton

Troy Delaney (Bookings)

Stephen Jarrett

Michael Omeara

Jed Patterson

 

Management Recommendation: 

That the resignations from Sarah Connellan and Ruth Ryan be accepted and a letter of thanks be provided. That Murray Hand be appointed to the Bangalow Parks Trust Management Committee.

 

Bangalow A&I Hall Board of Management

 

A resignation has been received from Peter Mortimore.

 

Current members on this Board of Management are:

 

Councillors

Cr Cate Coorey

 

Community Representatives:

Tony Heeson (Chair)

Peta Heeson (Treasurer)

Roland Dickson (Vice Chair)

Don Osborne (Secretary)

Damon Lewis

John Hudson

Adrienne Lester

 

Management Recommendation: 

That the resignation from Peter Mortimore be accepted and a letter of thanks be provided.

 

 

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 http://www.byron.nsw.gov.au/section-355-committees.  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           LGNSW Regional Summit

Directorate:                 Corporate and Community Services

Report Author:           David Royston-Jennings, Corporate Governance Officer

File No:                        I2018/787

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

LGNSW will host a series of regional summits in 2018. The closest summit to Byron Shire will be held by Bellingen Shire Council on Thursday 12 July. This report has been prepared as a Councillor has expressed an interest in attending the Summit.

 

  

 

RECOMMENDATION:

That Council authorise Cr _______ to attend the LGNSW Regional Summit held by Bellingen Shire Council on 12 July 2018.

 

 

 

 

 


 

Report

 

LGNSW Members have continued to express a desire for engagement on a regional basis. As such, the LGNSW board have decided to explore the issue as part of the member research which was completed in 2017. In response to a subsequent Board motion to the 2017 Conference, LGNSW is now coordinating a series of 12 Regional Summits in 2018 to be held in various centres across NSW.

 

These summits will provide members with the opportunity to raise matters important to them and their local communities with the President, Board members and senior staff. This will also give Councils the opportunity to discuss and share initiatives and experiences with neighbouring Councils within their region.

 

The closest summit to Byron Shire will be held by Bellingen Shire Council at a venue to be confirmed on Thursday 12 July between 11am and 3pm.

 

Financial Implications

 

There is no registration fee for the Summit and, as the Summit concludes at 3pm and is within reasonable driving distance, it is not anticipated that the Councillor attending will require overnight accommodation.

 

As such, as of April 2018 there is sufficient funding to fund the cost of a delegate attending the proposed summit from this budget.

 

Statutory and Policy Compliance Implications

 

In accordance with Council’s Policy Mayor and Councillors Payment of Expenses and Provision of Facilities “A resolution of Council is required to authorise attendance of Councillors at …d) Any other discretionary conference, seminar or training.”

 

The nominated Councillor will be eligible to claim travel expenses incurred when travelling to the Summit, as per point 8.7 of the above policy, as part of their monthly expense claim.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Minutes of Public Art Panel meeting held 26 April 2018

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/799

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

A Public Art Panel meeting was held on 26 April 2018. This report provides the minutes of the meeting.

  

 

RECOMMENDATION:

1.       That Council:

 

a)      Note the success of the Stone & Wood Bike Rack project which proved to be an excellent collaborative effort between Council and Stone & Wood resulting in a benefit to the Byron Shire community

 

b)      Approve the donation of ‘Happy Hoops’, the winning design, in four locations in Byron Bay as public art sculptural bike racks

 

c)      Note Council is responsible for the installation of the pieces from the ‘Byron Streetscapes Renewal’ budget and the ongoing maintenance of them as for any public art piece owned by Council

 

2.       That Council:

 

a)      Hold a Public Art Panel extra-ordinary meeting from 3.30pm 15 May to enable the discussion of submissions to the draft Public Art Strategy. Note submissions close 30th April

 

b)      Carry forward remaining unspent funds in the public art budget for 2017/18 to the 2018/19 financial year. This meets a recommendation of the draft Public Art Strategy to ‘pool funds’ to create a realistic public art budget for future commissions for quality public art

 

c)      Note that a sub-committee of the following selected Public Art Panel members           will work with staff to progress the commissioning of a public artwork for the           Bayshore Drive Roundabout public art project: Lisa Hochhauser, Matthew           Baird, and Julie Lipsett (Denise Napier alternate). Note Crs Ndiaye and           Hackett will attend where possible.

 

3.       That Council:

 

a)      Adopt the draft Memorandum of Understanding between Council and Creative           Mullumbimby

 

b)      Note the Public Art Panel members selected to work with Creative Mullumbimby           as outlined in the draft MOU are Cr Ndiaye (Cr Hackett alternate), Peter Wood and   Denise Napier

 

c)      Authorises the Manager Community Development to sign the MOU on behalf of           Council.

Attachments:

 

1        Larc Collective - Byron Bike Rack Project winners - Happy Hoops public art proposal, E2018/29659

2        Draft Memorandum of Understanding: Public Art Partnership between Council and Creative Mullumbimby, E2018/29020

 

 


 

Report

 

A Public Art Panel meeting was held on 26 April 2018. This report provides the minutes of the meeting. The meeting received information about art projects in the Shire and began some of the work towards the draft Public Art Strategy tasks.

 

A copy of the Agenda for the Public Art Panel meeting of 26 April 2018 can be found at the following link:  https://byron.infocouncil.biz/Open/2018/04/PAP_26042018_MIN_822_WEB.htm

 

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

 

Regarding 4.1 Byron Bike Rack Project in collaboration with Stone and Wood, the final public art proposal information is provided in attachment 1.

 

Regarding report 4.4 Draft Memorandum of Understanding with Creative Mullumbimby, a copy of the draft MOU is provided in attachment 2.

 

Financial Implications

 

The Public Art budget year-to-date balance for 2017/18 financial year is approximately $23,600. The Public Art Panel did not make any recommendations this meeting to spend any of these funds.

 

The Panel have made a recommendation to carry forward remaining unspent funds in the public art budget to the 2018/19 financial year.

 

Statutory and Policy Compliance Implications

 

Public Art Policy

Draft Public Art Strategy

Public Art Guidelines and Criteria

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Investments April 2018

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/812

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the month of April 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 30 April 2018 be noted.

 

 

 

 


 

Report

 

In relation to the investment portfolio for the month of April 2018, Council has continued to maintain a diversified portfolio of investments.  At 30 April 2018, the average 90 day bank bill rate (BBSW) for the month of March was 2.05%.  Council’s performance to 30 April 2018 is 2.57%. 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 30 April 2018:

 

Schedule of Investments held as at 30 April 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

02/11/17

2,000,000

Police Credit Union

P

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

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

P

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

P

AA-

01/05/17

N

TD

2.49%

2,000,000.00

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

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

P

NR

11/05/18

Y

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

P

AA-

12/06/18

N

TD

2.55%

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

P

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

P

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

P

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

04/04/18

2,000,000

Police Credit Union Limited (SA)

N

NR

03/10/18

Y

TD

2.86%

2,000,000.00

04/04/18

1,000,000

NAB

N

AA-

04/07/18

N

TD

2.57%

1,000,000.00

04/04/18

1,000,000

NAB

N

AA-

04/10//18

N

TD

2.60%

1,000,000.00

05/04/18

1,000,000

AMP

N

A

02/10/18

N

TD

2.60%

1,000,000.00

05/04/18

1,000,000

NAB

N

AA-

05/07/18

N

TD

2.57%

1,000,000.00

05/04/18

1,000,000

Police Credit Union Limited (SA)

N

NR

02/10/18

Y

TD

2.85%

1,000,000.00

06/04/18

1,000,000

Hunter United Employees Credit Union

N

NR

05/07/18

U

TD

2.55%

1,000,000.00

10/04/18

1,000,000

Bankwest

N

AA-

09/07/18

N

TD

2.60%

1,000,000.00

12/04/18

1,000,000

Bankwest

N

AA-

12/07/18

N

TD

2.60%

1,000,000.00

16/04/18

1,000,000

The Capricornian Credit Union

N

NR

17/09/18

U

TD

2.74%

1,000,000.00

17/04/18

1,000,000

Police Credit Union Limited (SA)

N

NR

17/10/18

Y

TD

2.94%

1,000,000.00

23/04/18

1,000,000

NAB

N

AA-

23/07/18

N

TD

2.57%

1,000,000.00

24/04/18

1,000,000

Bankwest

N

AA-

23/07/18

N

TD

2.65%

1,000,000.00

N/A

74,941

CBA Business Online Saver

N

A

N/A

N

CALL

1.40%

74,941.49

 

12/01/18

1,005,345

NSW Treasury Corp

N

AAA

N/A

Y

CALL

1.60%

1,005,345.04

Total

75,980,286                                                                                                                                                                             

 

 

 

 

 

AVG

2.57%

75,995,029.59

 

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 April 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 30 April 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

74,941.49

Business On-Line Saver (At Call)

74,941.49

0.00

1,005,345.04

NSW Treasury Corp (T Corp)

1,005,345.04

0.00

1,000,000.00

Bonds

1,011,100.17

11,100.17

75,980,286.53

 

75,995,029.59

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 April 2018 on a current market value basis. 

 

Movement in Investment Portfolio – April 2018

 

Item

Current Market  Value (at end of month) $

Opening Balance at 1 April 2018

76,492,699.67

Add: New Investments Purchased

14,000,000.00

Add: Call Account Additions

0.00

Add: Interest from Call Account

584.19

Less: Investments Matured

14,000,000.00

Add: T Corp Additions

0.00

Add: Interest from T Corp

1,745.73

Less: Call Account Redemption

500,000.00

Less: Fair Value Movement for period

0.00

 

Closing Balance at 30 April 2018

75,995,029.89

 

Investments Maturities and Returns – April 2018

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

2,000,000

ME Bank

TD

03/04/18

124

2.42%

16,442.74

2,000,000

Police Credit Union

TD

04/04/18

182

2.70%

26,926.03

1,000,000

ME Bank

TD

04/04/18

92

2.40%

6,049.32

1,000,000

Police Credit Union

TD

05/04/18

182

2.56%

12,764.93

1,000,000

Hunter United Employees Credit Union

TD

06/04/18

121

2.55%

8,453.52

1,000,000

Bankwest

TD

10/04/18

90

2.50%

6,164.38

1,000,000

Bankwest

TD

12/04/18

90

2.50%

6,164.38

1,000,000

The Capricornian

TD

16/04/18

152

2.55%

10,619.18

1,000,000

Police Credit Union

TD

17/04/18

182

2.55%

12,715.07

2,000,000

Gateway Credit Union

TD

19/04/08

121

2.50%

16,575.34

1,000,000

Bank of Queensland

TD

23/04/18

182

2.55%

12,715.07

14,000,000

 

 

 

 

 

135,589.96

         

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 April 2018 the table below identifies the overall cash position of Council as follows:

 

 

Dissection of Council Cash Position as at 30 April 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)

74,941.49

74,941.49

0.00

NSW Treasury Corp (T Corp)

1,005,345.04

1,005,345.04

0.00

Bonds

1,000,000.00

1,011,100.17

11,100.17

Total Investment Portfolio

75,980,286.53

75,995,029.59

14,743.06

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

1,842,713.04

1,842,713.04

  0.00

Total Cash at Bank

1,842,713.04

1,842,713.04

  0.00

 

 

 

 

Total Cash Position

77,822,999.57

77,837,742.63

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                                          13.7

 

 

Report No. 13.7           Budget Review 1 January 2018 to 31 March 2018

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/829

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report is prepared to comply with Regulation 203 of the Local Government (General) Regulation 2005 and to inform Council and the Community of Council’s estimated financial position for the 2017/2018 financial year, reviewed as at 31 March 2018.

 

This report contains an overview of the proposed budget variations for the General Fund, Water Fund and Sewerage Fund.  The specific details of these proposed variations are included in Attachment 1 and 2 for Council’s consideration and authorisation.

 

Attachment 3 contains the Integrated Planning and Reporting Framework (IP&R) Quarterly Budget Review Statement (QBRS) as outlined by the Division of Local Government in circular 10-32.

 

  

 

RECOMMENDATION:

1.   That Council authorise the itemised budget variations as shown in Attachment 2 (#E2018/39650) which includes the following results in the 31 March 2018 Quarterly Review of the 2017/2018 Budget:

 

a)      General Fund – $256,900 increase to the Estimated Unrestricted Cash Result

b)      General Fund - $1,734,800 increase in reserves

c)      Water Fund - $1,195,100 increase in reserves

d)      Sewerage Fund - $2,930,600 increase in reserves

 

2.       That Council adopt the revised General Fund Estimated Unrestricted Cash Result of $1,145,200 for the 2017/2018 financial year as at 31 March 2018

 

 

Attachments:

 

1        Budget Variations for General, Water and Sewerage Funds, E2018/39647

2        Itemised Listing of Budget Variations for General, Water and Sewerage Funds, E2018/39650

3        Integrated Planning and Reporting Framework (IP&R) required Quarterly Review Statement, E2018/39648

 

 


 

Report

 

Council adopted the 2017/2018 budget on 22 June 2017 via Resolution 17-268.  It also considered and adopted the budget carryovers from the 2016/2017 financial year, to be incorporated into the 2017/2018 budget at its Ordinary Meeting held on 24 August 2017 via Resolution 17-322.  Since that date, Council has reviewed the budget taking into consideration the 2016/2017 Financial Statement results and progress through the first three quarters of the 2017/2018 financial year.  This report considers the March 2018 Quarter Budget Review.

 

The details of the budget review for the Consolidated, General, Water and Sewer Funds are included in Attachment 1, with an itemised listing in Attachment 2.  This aims to show the consolidated budget position of Council, as well as a breakdown by Fund and Principal Activity. The document in Attachment 1 is also effectively a publication outlining a review of the budget and is intended to provide Councillors with more detailed information to assist with decision making regarding Council’s finances.

 

Contained in the document at Attachment 1 is the following reporting hierarchy:

 

Consolidated Budget Cash Result

 

 

 


General Fund Cash Result     Water Fund Cash Result        Sewer Cash Result

 

 

 


Principal Activity                     Principal Activity                     Principal Activity

 

 

 


Operating Income       Operating Expenditure    Capital income    Capital Expenditure

 

 

The pages within Attachment 1 are presented (from left to right) by showing the original budget as adopted by Council on 22 June 2017 plus the adopted carryover budgets from 2016/2017 followed by the resolutions between July and September, the September Review, resolutions between October and December, the December review, resolutions between January and March and the revote (or adjustment for this review) and then the revised position projected for 30 June 2018 as at 31 March 2018.

 

On the far right of the Principal Activity, there is a column titled “Note”.  If this is populated by a number, it means that there has been an adjustment in the quarterly review.  This number then corresponds to the notes at the end of the Attachment 1 which provides an explanation of the variation.

 

There is also information detailing restricted assets (reserves) to show Council estimated balances as at 30 June 2018 for all Council’s reserves.

 

A summary of Capital Works is also included by Fund and Principal Activity.

 

Office of Local Government Budget Review Guidelines:-

 

The Office of Local Government on 10 December 2010 issued the new Quarterly Budget Review Guidelines via Circular 10-32, with the reporting requirements to apply from 1 July 2011.  This report includes a Quarterly Budget Review Statement (refer Attachment 3) prepared by Council in accordance with the guidelines.

 

The Quarterly Budget Review Guidelines set a minimum standard of disclosure, with these standards being included in the Local Government Code of Accounting Practice and Financial Reporting as mandatory requirements for Council’s to address. 

 

Since the introduction of the new planning and reporting framework for NSW Local Government, it is now a requirement for Councils to provide the following components when submitting a Quarterly Budget Review Statement (QBRS):-

 

·   A signed statement by the Responsible Accounting Officer on Councils financial position at the end of the year based on the information in the QBRS

 

·   Budget review income and expenses statement in one of the following formats:

o Consolidated

o By fund (e.g General, Water, Sewer)

o By function, activity, program etc to align with the management plan/operational plan

 

·   Budget Review Capital Budget

 

·   Budget Review Cash and Investments Position

 

·   Budget Review Key performance indicators

 

·   Budget Review Contracts and Other Expenses

 

The above components are included in Attachment 3:-

 

Income and Expenditure Budget Review Statement by Type – This shows Council’s income and Expenditure by type.  This has been split by Fund.  Adjustments are shown, looking from left to right.  These adjustments are commented on through the last 19 pages of Attachment 1.

 

Capital Budget Review Statement – This statement identifies in summary Council’s capital works program on a consolidated basis and then split by Fund.  It also identifies how the capital works program is funded. 

 

Cash and Investments Budget Review Statement – This statement reconciles Council’s restricted funds (reserves) against available cash and investments.  Council has attempted to indicate an actual position as at 31 March 2018 of each reserve to show a total cash position of reserves with any difference between that position and total cash and investments held as available cash and investments.  It should be recognised that the figure is at a point in time and may vary greatly in future quarterly reviews pending on cash flow movements.

 

Key Performance Indicators (KPI’s) –  At this stage, the KPI’s within this report are:-

 

o Debt Service Ratio - This assesses the impact of loan principal and interest repayments on the discretionary revenue of Council.

 

o Rates and Annual Charges Outstanding Ratio – This assesses the impact of uncollected rates and annual charges on Councils liquidity and the adequacy of recovery efforts

 

o Asset Renewals Ratio – This assesses the rate at which assets are being renewed relative to the rate at which they are depreciating.

 

These may be expanded in future to accommodate any additional KPIs that Council may adopt to use in the Long Term Financial Plan (LTFP.)

Contracts and Other Expenses - This report highlights any contracts Council entered into during the January to March quarter that are greater then $50,000.

 

CONSOLIDATED RESULT

 

The following table provides a summary of the overall Council budget on a consolidated basis inclusive of all Funds budget movements for the 2017/2018 financial year projected to 30 June 2018 but revised as at 31 March 2018.

 

 

2017/2018 Budget Review Statement as at 31 December 2017

Original Estimate (Including Carryovers)

1/7/2017

 

Adjustments to 31 March 2018 including Resolutions*

Proposed 31 March 2018 Review Revotes

 

Revised Estimate 30/6/2018 at 31/03/2018

 

Operating Revenue

76,828,000

2,721,500

2,825,400

82,374,900

 

Operating Expenditure

79,542,600

3,544,300

2,911,200

85,998,100

 

Operating Result – Surplus/Deficit

(2,714,600)

(822,800)

(85,800)

(3,623,200)

 

Add: Capital Revenue

27,790,000

(18,400,400)

(548,900)

8,840,700

 

Change in Net Assets

25,075,400

(19,223,200)

(634,700)

5,217,500

 

Add: Non Cash Expenses

12,939,400

0

0

12,939,400

 

Add: Non-Operating Funds Employed

2,160,000

1,239,000

0

3,399,000

 

Subtract: Funds Deployed for Non-Operating Purposes

(64,587,000)

19,940,100

6,752,100

(37,894,800)

 

Cash Surplus/(Deficit)

(24,412,200)

1,955,900

6,117,400

(16,338,900)

 

Restricted Funds – Increase / (Decrease)

(24,419,500)

2,220,100

5,860,500

16,338,900

 

Forecast Result for the Year – Surplus/(Deficit) – Unrestricted Cash Result

7,300

(264,200)

256,900

0

 

GENERAL FUND

 

In terms of the General Fund projected Unrestricted Cash Result the following table provides a reconciliation of the estimated position as at 31 March 2018:

 

Opening Balance – 1 July 2017

$1,145,200

Plus original budget movement and carryovers

$7,300

Council Resolutions July – September Quarter

($50,000)

September Review – increase/(decrease)

($161,900)

Council Resolutions October – December Quarter

($10.000)

December Review – increase/(decrease)

($42,300)

Council Resolutions January – March Quarter

0

Recommendations within this Review – increase/(decrease)

$256,900

Forecast Unrestricted Cash Result – Surplus/(Deficit) – 30 June 2018

$0

Estimated Unrestricted Cash Result Closing Balance – 30 June 2018

$1,145,200

 

The General Fund financial position overall has increased by $256,900 as a result of this budget review.  The proposed budget changes are detailed in Attachment 1 and summarised further in this report below.

 

Council Resolutions impacting the Budget Result

 

There were no resolutions of Council during the January to March quarter that affected the budget result.

 

Budget Adjustments

 

The budget adjustments identified in Attachments 1 and 2 for the General Fund have been summarised by Budget Directorate in the following table:

 

 

 

 

 

 

Budget Directorate

Revenue Increase/

(Decrease) $

Expenditure Increase/

(Decrease) $

Accumulated Surplus (Working Funds) Increase/ (Decrease) $

General Manager

0

(11,300)

11,300

Corporate & Community Services

364,800

310,700

54,100

Infrastructure Services

1,561,400

1,324,800

236,600

Sustainable Environment & Economy

781,300

826,400

(45,100)

Total Budget Movements

2,707,500

2,450,600

256,900

 

Budget Adjustment Comments

 

Within each of the Budget Directorates of the General Fund, are a series of budget adjustments identified in detail at Attachment 1 and 2.  More detailed notes on these are provided in Attachment 1 but in summary the major additional items included are summarised below by Directorate and are included in the overall budget adjustments table above:

 

General Manager

 

·   In the General Managers program, it is proposed to remove the $30,000 allocated for the Community Satisfaction survey.  This will be completed in the 2018/19 year and is included in the 2018/19 draft budget.  This has no effect on the program as the support service costs reallocated will reduce.

 

·   In the People and Culture program it is proposed to decrease the budget for the General Managers performance Review ($9,800) and the Staff recognition scheme ($1,500).  These savings can be used for the Administration Office refurbishment works in the Facilities Management capital works program.

 

 

 

Corporate and Community Services

 

·   In the General Purpose Revenues Program an additional $47,600 in revenue has been recognised from interest on investments.  This increase adjusts the budget to reflect the estimated actual investment revenue that Council will receive before the end of the financial year.

 

·   In the Corporate Services Program it is proposed to increase expenditure by an additional $40,000 for the Excess on insurance claims.  There has been a significant increase in the number of claims that Council is paying.  This can be funded from the Risk Management reserve.

 

Infrastructure Services

 

·   In the Emergency Service Program it is proposed to increase operating income and expenditure by $62,000 to reflect Rural Fire Service (RFS) income from Donations ($25,000 - redistributed to brigades), Ballina RFS and Tweed RFS ($25,000 and $12,000 respectively - reimbursement of expenses incurred by Byron Shire Council).

 

·   In the Depot Services and Fleet Management program, it is proposed to create a budget for the Gate Upgrade ($131,700) and the upgrade of the administration building ($35,000).  These can be funded through the plant reserve.

 

·   In the Local Roads and Drainage program, there are a number of adjustments outlined under Note 17 in the Budget Variations explanations section of Attachment 1.  Further disclosure is included on pages 6, 7 and 8 of Attachment 2 under the budget program heading Local Roads and Drainage.

 

·   In the Roads and Maritime Services (RMS) program it is proposed to increase income by $835,000 and expenditure by $873,500 to account for the March 2017 Natural Disaster ($700,000) and an increase in the budget for Tinderbox Road Causeway as the existing budget did not cover all costs of the project ($173,500).  This was Council resolution 18-021 to increase the budget, but this budget review addresses the revenue funding portion.

 

·   In the Open Space & Recreation program, there are a number of adjustments outlined under Note 19 in the Budget Variations explanations section of Attachment 1.  Further disclosure is included on pages 8 and 9 of Attachment 2 under the budget program heading Open Space & Recreation.

 

·   In the Waste & Recycling program it is proposed to increase capital expenditure by $166,400 for the Customer Service Foyer renovation contribution ($33,400) and Public Place Bin Network Infrastructure - Projects ($130,000).  This budget increase will allow for Council to expand recycling infrastructure networks in Mullumbimby and Bangalow.  Asset upgrade/enclosure refurbishment will be conducted at the same time as network expansion.  Other adjustments are proposed to bring the income and expenditure budgets into line with actual income and expenditure.  All these movements have no impact on the budget result as they are covered through the Domestic Waste Management Reserve and the Other Waste Management Reserve.

 

·   In the Cavanbah Centre program it is proposed to decrease operating income due to no further income expected for food and beverage sales ($34,200) as the canteen/kitchen has taken on all food and beverage sales and a reduction in expected fees received from sporting clubs for the hire of the sportsfields ($22,000).  This is offset by various other adjustments outlined under Note 21 in the Budget Variations explanations section of Attachment 1 to bring the budgets into line with the actuals.  Further disclosure is included on page 11 of Attachment 2 under the budget program heading Cavanbah Centre.

 

·   In the Holiday Park programs, there are decreases in the capital budgets of $475;000 ($190,000 First Sun and $285,000 Suffolk Park).  These budgets have been adjusted as it was identified that these works would not be completed this financial year.  A breakdown of these works can be seen on pages 11 and 12 of attachment 2.  These are all funded through the Holiday Park reserve.

 

·   In the Facilities Management program it is proposed to decrease operating income by $10,500 due to the Clarkes Beach Café rent being reduced ($38,600 - Funded through the Crown reserve), an increase in the payment received from the insurer relating to the March 2017 flood event ($16,100) and an increase in fees received on Crown reserves ($12,000). It is proposed to decrease operating expenditure due to a decrease in electricity costs at Mullumbimby pool ($20,000) and reductions against various community building costs ($13,800)

 

Sustainable Environment and Economy

 

·   In the Development and Certification program, it is proposed to increase income by $20,000 and expenditure by $20,000 to budget for the Information and Technology Service fee.  It is also proposed to transfer the total Income budget less the total expenditure budget to a newly created Information & Technology Service Fee reserve. It is proposed to increase operating expenditure due to Temporary Resourcing ($50,000) to cover the costs of processing additional DA’s that Council has received and reduce the EHC Exempt and Complying Development ($30,000) as this will not be expended in 2017/18.  This can be moved to the 2018/19 draft budget. It is proposed to increase Developer Contribution income by $400,000 to reflect the actual income received from developers.  This will be transferred to the respective Section 94 reserves.

 

·   In the Planning Policy and Natural Environment Program, there are a number of adjustments outlined under Note 25 in the Budget Variations explanations section of Attachment 1.  Further disclosure is included on page 13 of Attachment 2 under the budget program heading Planning Policy and Natural Environment.

 

·   In the Environment & Compliance program it is proposed to increase operating income due to income being received for the Environment Enforcement Levy ($114,700 – transferred to a new Environment Enforcement Levy reserve), Caravan park inspection fees ($71,400) and various other fees where the actual income is higher than the budget.  These adjustments are outlined under note 26 in the Budget Variations explanations section of attachment 1.  It is proposed to increase operating expenditure by $43,500 to cover costs associated with the Environment Enforcement Levy ($25,500), an increase against licence plate recognition ($14,200) due to the allocated budget not covering the actual cost and an $8,500 increase for investigation consultants.

 

·   In the Economic Development program there are a number of adjustments outlined under Note 27 in the Budget Variations explanations section of Attachment 1.  Further disclosure is included on page 15 of Attachment 2 under the budget program heading Economic Development.

 

WATER FUND

 

After completion of the 2016/2017 Financial Statements the Water Fund as at 30 June 2017 has a capital works reserve of $4,953,000 and held $6,692,100 in section 64 developer contributions.

 

The estimated Water Fund reserve balances as at 30 June 2018, and forecast in this Quarter Budget Review, are derived as follows:

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2017

$4,953,800

Plus original budget reserve movement

1,539,000

Less reserve funded carryovers from 2016/2017

(124,800)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(40,000)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(56,500)

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

11,000

Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)

1,328,700

Estimated Reserve Balance at 30 June 2018

$6,282,500

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2017

$6,692,100

Plus original budget reserve movement

(1,874,000)

Less reserve funded carryovers from 2016/2017

(2,645,300)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(70,000)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(50,000)

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

1,184,100

Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)

(3,455,200)

Estimated Reserve Balance at 30 June 2018

$3,236,900

 

Movements for Water Fund can be seen in Attachment 1 with a proposed estimated increase to reserves (including S64 Contributions) overall of $1,195,100 from the 31 March 2018 Quarter Budget Review.

 

SEWERAGE FUND

 

After completion of the 2016/2017 Financial Statements the Sewer Fund as at 30 June 2017 has a capital works reserve of $7,372,800 and plant reserve of $827,800. It also held $9,583,600 in section 64 developer contributions.

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2017

$7,372,800

Plus original budget reserve movement

(1,008,100)

Less reserve funded carryovers from 2016/2017

(102,200)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

24,000

Resolutions October - December Quarter – increase / (decrease)

(251,000)

December Quarterly Review Adjustments – increase / (decrease)

(524,300)

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

2,647,100

Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)

785,500

Estimated Reserve Balance at 30 June 2018

$8,158,300

 

 

 

Plant Reserve

 

Opening Reserve Balance at 1 July 2017

$827,800

Plus original budget reserve movement

0

Less reserve funded carryovers from 2016/2017

0

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(12,300)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

0

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

0

Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)

(12,300)

Estimated Reserve Balance at 30 June 2018

$815,500

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2017

$9,583,600

Plus original budget reserve movement

(188,800)

Less reserve funded carryovers from 2016/2017

(1,949,600)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(26,700)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(275,000)

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

283,500

Forecast Reserve Movement for 2017/2018 – Increase / (Decrease)

(2,156,600)

Estimated Reserve Balance at 30 June 2018

$7,427,000

 

Movements for the Sewerage Fund can be seen in Attachment 1 with a proposed estimated overall increase to reserves (including S64 Contributions) of $2,930,600 from the 31 March 2018 Quarter Budget Review.

 

Legal Expenses

 

One of the major financial concerns for Council over previous years has been legal expenses. Not only does this item potentially represent a large expenditure item funded by general revenue, but can also be susceptible to large fluctuations. 

 

The table that follows indicates the allocated budget and actual legal expenditure within Council on

 a fund basis as at 31 March 2018.

 

Total Legal Income & Expenditure as at 31 March 2018

 

 

Program

2017/2018

Budget ($)

 

Actual ($)

Percentage To Revised Budget

Income

 

 

 

Legal Expenses Recovered

0

0

0%

Total Income

0

0

0%

 

 

 

 

Expenditure

 

 

 

General Legal Expenses

301,000

178,325

59.24%

Total Expenditure General Fund

301,000

178,325

59.24%

 

Note: Due to current legal matters, it is estimated that Council may incur costs for legal expenses of approximately $100,000 in addition to the original budget.  In view of this an additional $100,000 was allocated at the December 2017 budget review to the General Legal Expenses budget, funded from the Legal Services Reserve.  This will leave an estimated Legal Services Reserve balance at 30 June 2018 of $324,500.

 

Byron Railway Precinct Projects

 

For information, the adopted 2017/2018 Budget Estimates currently provides an allocation of $1,457,500 funded from the Infrastructure Renewal Reserve, TDDI Grant, Visitor Centre contribution and other sources for projects related to the Byron Bay Master Plan – Railway Precinct.

 

A summary of the current projects with funded budgets associated with the Byron Railway Precinct are outlined in the table below with budgets presented prior to any adjustment that may be proposed in this Quarterly Budget Review:

 

Job No

Project No

Project

Current Budget 2017/2018 $

4835.187

0

Byron Bay Town Centre Masterplan

239,300

44283.013

1

Byron Street

200,000

44265.001

1

Byron Street

311,400

4835.188

2

Byron St Connection Upgrade

139,000

4835.189

3

Railway Park Upgrade

237,500

4835.190

4

Visitor Centre Refurbishment

130,000

2306.028

5

Countrylink Building Project Plan

35,000

4835.191

0

Visitor Centre Technology Project

45,000

4835.219

18

Byron Rail Corridor Park

57,000

4835.222

9

Conservation Mgmt Strategy

8,800

4835.223

11

Market/Comm Relocation/DAs

500

4835.224

12

Rail Corridor Contamination Assessment

32,100

4835.225

13

Farmers Market Relocation

21,900

 

 

Total

1,457,500

 

Financial Implications

 

The 31 March 2018 Quarter Budget Review of the 2017/2018 Budget has improved the overall budget result by an estimated $256,900.  As a result there is an increase of $256,900 to the estimated unrestricted cash balance attributable to the General Fund, with this becoming an estimated $1,145,200 at 30 June 2018.  This is above the adopted target of Council of $1,000,000.  Council has recovered the 2017/2018 budget result back to a balanced outcome after the March 2018 Quarter Budget Review. 

 

Statutory and Policy Compliance Implications

 

In accordance with Regulation 203 of the Local Government (General) Regulation 2005 the Responsible Accounting Officer of a Council must:-

(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

 

(2) A budget review statement must include or be accompanied by:

 

(a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

 

(b) if that position is unsatisfactory, recommendations for remedial action.

 

(3) A budget review statement must also include any information required by the Code to be included in such a statement.

 

Statement by Responsible Accounting Officer

 

This report indicates that the short term financial position of the Council is still satisfactory for the 2017/2018 financial year, having consideration of the original estimate of income and expenditure at the 31 March 2018 Quarter Budget Review.

 

This opinion is based on the estimated General Fund Unrestricted Cash Result position and that the current indicative budget position for 2017/2018 remains the same during the remainder of the 2017/2018 financial year.

 

There needs to be an awareness that any modifications proposed for Council’s budget are not approved without consideration of funding if additional expenditure is proposed through either reallocation of existing budgets, additional revenue or available reserves.

 

The short term financial position of Council may become unsatisfactory if work is not undertaken to maintain the current budget position.  It is pleasing that Council has passed resolution 18-111 part 5 at the 22 February 2018 Ordinary Meeting that Council reaffirm that no expenditure is to occur without an approved budget backed by resolution of Council.  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Poker Machine Policy investigation

Directorate:                 Corporate and Community Services

Report Author:           Sarah Ford, Manager Community Development

Allison Rogers, Research Officer

File No:                        I2018/850

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report provides information in relation to the Notice of Motion Poker Machines in the Byron Shire as resolved at the 22 March 2018 Ordinary Meeting (Resolution 18-161).

 

Resolution 18-161 required that staff prepare a report for the May 2018 Ordinary Meeting outlining options to develop a comprehensive gambling policy to reduce the harm in the Byron Shire from the use of poker machines

 

  

 

RECOMMENDATION:

That Council note the report on policy options in relation to Poker Machines.

 

 

 

 

 


 

Report

 

The Notice of Motion Poker Machines in the Byron Shire required that staff prepare a report for the May 2018 Ordinary Meeting outlining options to develop a comprehensive gambling policy to reduce the harm in the Byron Shire from the use of poker machines (Resolution 18-161).

 

Options for a comprehensive gambling policy

 

If Council wishes to develop a Poker Machine or Electronic Gaming Machine (EGM) harm minimisation strategy or policy, there are a range of examples by other Councils, Australia-wide. The effectiveness of Local Council Policy is dependent on relevant State Government regulation. 

 

In NSW, Fairfield City Council is the only LGA with a Poker Machine, or Electronic Gaming Machine (EGM) harm minimisation policy.  Fairfield has the largest number of poker machines and records the biggest gambling losses in the State (and Country).  In addition to Fairfield, Northern Beaches Council has released its Draft Gambling and Poker Machine (EGM) Harm Management Strategy this month (May 2018) for public comment. 

 

While there is currently only one Council in NSW with an endorsed gambling related policy, Victorian Councils have taken a much more proactive role in managing the number of gaming machines and reducing the harm they cause to their communities. This is despite NSW having more than 3 three times as many poker machines as Victoria (NSW has 95,012 while Victoria has 28,860). For the purpose of this report, the two policy/strategy examples from NSW were considered, alongside 23 policies from Victorian Councils.

 

It should be noted that the reason NSW Councils don’t currently have Gambling and EGM Harm Minimisation/Management strategies would appear to be largely the result of State Government regulations – and the perceived lack of “teeth” available for NSW Councils to affect change.

Section 209(3) of the NSW Gaming Machines Act 2001 limits Council’s ability to directly affect the numbers of EGMs in an area as it effectively prevents gambling from being considered in social and economic assessments when carrying out approvals.

 

Restriction or reference to gambling cannot be included in local environment plans, planning proposals or planning schemes. Also, importantly, Council cannot place conditions of consent on developments that prohibit or restrict electronic gambling machines. An exception to this may be on Council controlled land where a lease condition may be applied, but this may be contested in the courts.

 

Victorian Councils, by comparison, have a range of legally permissible planning and regulatory levers to assist them in achieving their policy goals to reduce the harm of EGMs.  They also have a resource working for the Victorian Local Government Association.

 

Despite all of this, NSW Councils, including the Northern Beaches Council, have identified a role for councils and a number of permissible strategies to “educate and regulate, within Council’s powers.”

 

Following an evaluation of the policies/strategies in NSW and Victoria, and taking into consideration the regulatory constraints on NSW Councils, research suggests that NSW Local Government has limited options within Policy development, particularly in relation to Planning controls. Council could consider the following options in relation to its own policy development:

 

1.   Develop a policy on minimising the known harm caused by poker machines.  With so few NSW Councils making a public statement via a strategy or policy on this issue, Byron Shire Council can provide leadership in this area.

2.   Endorse a strong position by joining other Councils from around Australia (such as the City of Yarra) with a statement in their policy/strategy acknowledging: “that rather than seeing poker machines as a legitimate recreational activity that has negative impacts on only a small number of ‘problem gamblers’, that poker machines are created by an industry that deliberately misleads users and results in an unacceptable risk of harm to the whole community.”

 

Other options available to Council to influence positive change in relation to EGMs include:

 

·    Lobbying and advocacy:

That Council lobbies State and Federal Ministers to minimise EGM and other gambling harms. 

That Local Government NSW be approached to lead research and lobbying efforts to minimise the number and associated community harms of EGMs in NSW (in line with the similar function provided by the Victorian Local Government Association).

That NOROC be approached to become involved in research and lobbying efforts and to become aware of the movement of EGMs across local LGA borders

 

·    Establish protocols for Council-run events, so they are ‘pokies-free’.  For example, Council initiated events should be held at venues with no poker machines in the future. 

 

·    Use Council’s web page as an education tool, to provide information about the number of poker machines in the Shire and comparative data

 

·    Initiate dialogue with Clubs NSW in relation to ClubGrants distribution including the establishment of local  ClubGrants committees that work with the local Clubs to ensure fair and equitable (and transparent) distribution of funds to a range of community organisations

 

·    Council assesses the potential harms from gambling when drafting or renewing leases on Council property, and where suitable implement appropriate clauses to the lease to restrict EGMs. 

 

Financial Implications

 

No financial implications to develop a Gambling Policy currently are noted, however staff time and resources will be required to initiate and develop a Policy should Council wish to proceed with the development of such a Policy.

 

Statutory and Policy Compliance Implications

 

Nil.

  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.9

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.9           PLANNING - State Environmental Planning Policy No. 1 - Variations to development standards - 1 October 2017 to 31 December 2017

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Manager Sustainable Development

Noreen Scott, EA Sustainable Environment and Economy

File No:                        I2018/460

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report has been provided as a requirement of the NSW Department of Planning Circular PS-08-014, as amended by agreement to enable the quarterly reporting of all development applications, where SEPP 1 variations have been granted under delegated authority. SEPP 1 only applies to development applications submitted under Byron Local Environmental Plan 1988. The report also provides an update where a variation has been granted under Clause 4.6 of Byron LEP 2014.

 

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 note the report.

 

 

 


 

Report

 

In accordance with the NSW Department of Planning Circular PS-08-014, all development applications where SEPP 1 variations have been granted under delegated authority are to be reported to Council for information. The report also includes development applications where a variation has also been granted to development standards under Clause 4.6 of Byron LEP 2014.

 

The period of reporting is for the 1 October 2017 to 31 December 2017. The following DA’s are outlined below:

 

DA No.

10.2017.270.1

Development

Multi Dwelling Housing Comprising Eight (8) Dwellings and Strata Title Subdivision

Property:

6A Canowindra Court

Ocean Shores

Lot and DP:

11 DP 1225527

Zoning:

R2 Low Density Residential

Development Standard being varied:

The development standard to be varied is the minimum lot size planning control of 600m2 applicable to this site under LEP 2014 Clause 4.1, in relation to the strata lots.

Justification

The underlying objective of the minimum lot size provision is to guide the density of development in particular areas. The floor space ratio, building height plane and minimum lot size provisions for certain forms of development also inform the potential density of residential development in the R2 Low Density Residential Zone. The subject site is consistent with the form and scale of development prescribed in this location. The strict compliance with the provisions of Clause 4.1, will result in no change to the built form on the site and will merely prevent the sale of the individual dwellings on the allotment.

 

Extent of variation

The extent of the variation ranges from 69.1% to 81.4%

Concurrence

Council

Determined Date

28/11/2017

 

DA No.

10.2017.380.1

Development

Multi dwelling housing comprising the existing dwelling and two (2) new dwellings, two (2) swimming pools, tree removal (5 trees) and Strata Title Subdivision

Property:

34 Bangalow Road

Byron Bay

Lot and DP:

Lot 2 DP 7117

Zoning:

R2 Low Density Residential

Development Standard being varied:

The development standard to be varied is the minimum lot size planning control of 600m2 applicable to this site under LEP 2014 clause 4.1

Justification

The underlying objective of the minimum lot size provision is to guide the density of development in particular areas. The floor space ratio, building height plane and minimum lot size provisions for certain forms of development also inform the potential density of residential development in the R2 Low Density Residential Zone. The subject site is consistent with the form and scale of development prescribed in this location. The strict compliance with the provisions of Clause 4.1 will result in no change to the built form on the site and will merely prevent the sale of the individual dwellings on the allotment. Further, the site enjoys a current consent to undertake the construction of 2 additional dwellings on the property and to strata subdivide them.

Extent of variation

The extent of the variation ranges from 35.7% to 41.5%.

Concurrence

Director

Determined Date

2/11/18

 

DA No.

10.2017.101.1

Development

Mixed Use Development Comprising a Child Care Centre, Four (4) Industrial Retail Outlets, Six (6) Light Industry units and Two (2) Take-away Food and Drink Premises, an Ancillary Caretakers Dwelling and Parking Area

Property:

88-94 Centennial Drive

Byron Bay

Lot and DP:

Lot 60 DP 835294

Zoning:

IN2 Light Industrial

Development Standard being varied:

BLEP 2014 Cl.4.3 -  9.0m building height limit

Justification

The proposed building includes a small section, located in the southern edge, that exceeds the 9m height limit by 0.6m.  This is because of the slope of the existing ground at that part of the site, where it falls toward the adjacent drainage reserve.  This part of the site will be filled for the development, which will result in the building being 8.45m above the finished ground level.

Extent of variation

6.60%

Concurrence

Assumed Concurrence

Determined Date

15/11/2017

 

 

Financial Implications

 

Not applicable.

 

Statutory and Policy Compliance Implications

 

The report is provided as a requirement of NSW Department of Planning circular PS-08-014. This circular can be viewed at http://www.planning.nsw.gov.au/planning-system-circulars.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.10

 

 

Report No. 13.10         Minutes of the Heritage Panel Meeting 29 March 2018

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Manager Sustainable Development

Noreen Scott, EA Sustainable Environment and Economy

File No:                        I2018/633

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

This report presents the minutes of the Heritage Panel Meeting of 29 March 2018 for determination by Council.

 

  

 

RECOMMENDATION:

1.       That Council note the minutes of the Heritage Panel meeting held 29 March 2018           whereby the Report 4.1 Update on Heritage Matters was considered; and

 

2.       That Council adopt the following Panel recommendations :

 

Local Places Grants

 

a)  That the report be noted on the Local Places heritage grants, and the Panel have been advised that the next round of grants will be advertised shortly.

 

Review of HAC Areas in Byron Bay

 

b) That Council note that a review of the Heritage Conservation Areas in Byron Bay Resolution (17-665) is dependent on future funding.

 

c)  That Council notes and supports the draft Heritage Fact sheets to be included as part of Council’s heritage information resources.

 

Review Heritage Study

d) That the Heritage Panel receive a report on funding options to review the heritage study, DCP and LEP.

Heritage Promotion

 

e)  That staff consider the following actions as a way to promote heritage during heritage week 2018 as follows:

 

·   A media release promoting heritage

·   Stories in local newspapers engagement with historical societies.

·   Heritage displays in Council’s foyer

 

Saddle Road

 

f)  That the Panel notes the significance of the Saddle Road/McAuleys Lane, Myocum Road precinct and recommends it for inclusion in a future review of the Heritage Study and LEP including Aboriginal and European Heritage; and

 

g) Invite Council’s Heritage Advisor to the next Heritage Panel meeting.

 

Attachments:

 

1        Minutes of Heritage Panel Meeting held 29 March 2018, I2018/503

 

 


 

Report

 

The attachment to this report provides the minutes of the Heritage Panel Meeting of 29 March 2018 for determination by Council, as the recommendations made by the Panel require determination by Council.

 

The agenda for this meeting can be located on Council’s website at:

 

http://byron.infocouncil.biz/Open/2018/03/HER_29032018_AGN_818_AT.PDF

 

Financial Implications

 

As per the Reports listed within the Heritage Panel Meeting of 29 March 2018.

 

Statutory and Policy Compliance Implications

 

As per the Reports listed within the Heritage Panel Meeting of 29 March 2018.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Report No. 13.11         Report of the Planning Review Committee Meeting held on 12 April, 2018

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Manager Sustainable Development

File No:                        I2018/673

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report provides the outcome of the Planning Review Committee Meeting held on 12 April, 2018.

 

 

 

  

RECOMMENDATION:

That Council note the report.

 

 

 


 

 

Report:

 

The meeting commenced at 4.30 and concluded at 5.30pm.

 

Present: Crs Martin, Hunter, Hackett, Cameron, Ndiaye, Richardson

Staff:  Chris Larkin (Manager Sustainable Development).

Apologies: Nil

 

The following development applications were reviewed with the outcome shown in the final column.

 

DA No.

Applicant

Property Address

Proposal

Exhibition

Submission/s

Reason/s

Outcome

10.2018.110.1

Chris Lonergan - Town Planner

1897 Coolamon Scenic Drive MULLUMBIMBY

Tourist and Visitor Accommodation (Twelve (12) Cabins including Use of Existing Structures as Storage and Staff Lunchroom & Construction of Day Spa), Camping Ground (239 Sites), Park Entry Office, Kiosk, New Dwelling and Recreation Facility (Indoors) - Yoga Facility

 

Level 2

 

On exhibition from

22/3/18 to 26/4/18

 

 

The perceived public significance of the application

 

Council

10.2017.471.1

Planners North

30 Fingal Street BRUNSWICK HEADS 

Change of Use to a Restaurant/ Cafe

Level 0

8 submissions received

Under staff delegation

 

Council determined the following original development applications. The Section 96 application to modify these development consents were referred to the Planning Review Committee to decide if the modification applications can be determined under delegated authority.

 

DA No.

Applicant

Property Address

Proposal

Exhibition

Submission/s

Reason/s

Outcome

10.2013.587.4

Global Centres Australia Pty Ltd

108-110 Jonson Street

BYRON BAY 

S96 to Include Roof Top Plant Screen and Provide Workplace Transport Plan, Servicing Arrangement Management Plan and Garbage Storage Area prior to Issue of Construction Certificate for the Relevant Stage

Level 2

 

8/2/18 to 21/2/18

 

No submissions received

Under staff delegation

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Report No. 13.12         PLANNING - Development Application 10.2017.280.1 Development Application for Alterations and Additions to existing building including, construction of basement car park, Restaurant at ground level (including cellar bar and sandwich bar), and two self contained Motel or Hotel Accommodation units at first floor level at 32-34 Byron Street Bangalow

Directorate:                 Sustainable Environment and Economy

Report Author:           Paul Mills, Senior Planner

File No:                        I2018/681

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

 

Proposal description:

Alterations and Additions to existing building including, construction of basement car park, Restaurant at ground level (including cellar bar and sandwich bar), and two self contained Motel or Hotel Accommodation units at first floor level.

Property description:

LOT: 1 DP: 1062312

32-34 Byron Street BANGALOW

Parcel No/s:

239099

Applicant:

Bureau SRH Architects

Owner:

Ms C J Gracanin

Zoning:

B2 Local Centre

Date received:

1 June 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: 22/6/17 to 5/7/17

-    Submissions received: Four (4)

Planning Review Committee:

Considered at the PRC Meeting held 22 February 2018 where it was resolved the application is to be determined by Council.

Delegation to determination:

Meeting of Council

 

Issues:

·    The subject site is as identified within Byron LEP 2014 to be a Heritage Item and is also located within the Bangalow Heritage Conservation Area.

 

·    The proposed development involves a shortfall of nine (9) on-site parking spaces to satisfy DCP 2014 requirements. The Applicant has proposed to enter into a Voluntary Planning Agreement for the payment of a monetary contribution towards the provision of parking within proximity of the Bangalow CBD.

 

 

Summary:

 

The application seeks development consent for Alterations and Additions to existing building including, construction of basement car park, Restaurant at ground level, and two self contained Motel or hotel accommodation units at first floor level.

 

The proposed development seeks to provide nine (9) parking less than required by Council’s DCP 2014 and the application is accompanied by a draft voluntary Planning Agreement (dated 12 September 2017) seeking to make a monetary contribution towards public car parking within (or in close proximity to) the Bangalow CBD. Council’s Developer Contributions Officer has advised that Council may accept a Planning Agreement for the remaining shortfall in on-site car parking. These contributions will be put towards funding peripheral parking as set identified in the access and movement strategy or alternative additional parking in the town centre.

 

The subject site is a listed Heritage Item of local significance and is also located within the Bangalow Conservation Area. The proposal was referred to Council’s Heritage Advisor for comment and realised no objection to the development subject to conditions of consent. The development is positioned behind the existing building fronting Byron Street and is an appropriate response to the site, the planning controls and the characteristics of the area. 

 

In response to the public notification process a total of four (4) submissions were received, the issues raised in the submissions included heritage conservation and insufficient on-site car parking which have been discussed in this report. 

 

The proposed development is considered to accord with the relevant provisions of Council’s LEP and DCP 2014, and relevant State Environmental Planning Policies. The proposed development is considered to have sufficient planning merit to warrant 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 & Assessment Act 1979, Development Application No. 10.2017.280.1 for Alterations and Additions to existing building including, construction of basement car park, Restaurant at ground level (including cellar bar and sandwich bar) and two self contained Hotel or Motel Accommodation units at first floor level, be granted consent subject to the conditions included in Attachment 3 #E2018/38603.

 

 

Attachments:

 

1        Plans prepared by Bureau SRH Architecture, E2018/38591

2        Heritage Assessment dated 18 July 2017 , E2018/38597

3        Proposed conditions of consent 10.2017.280.1, E2018/38603

4        submissions received 10.2017.280.1, E2018/38555

 

 

 

 

 

Assessment:

 

1.         INTRODUCTION

 

1.1.          History/Background

 

10.2002.536.1     Consent granted to Development Application seeking consent for a change the use of the main building on the allotment for use as three (3) independent shops and two (2) consulting rooms.

 

10.2004.367.1     Consent granted to Development Application to convert a 4m x 6m portion at the rear of an existing approved shop to a hairdressing salon.

 

10.2016.235.1     Withdrawn Development Application for Alterations and Additions to Existing Commercial Building Including a Sub Ground Level Carpark, Restaurant and Three (3) One Bedroom Motel Units.

 

This proposal was considered to be inconsistent with the established character of the Bangalow Heritage Conservation Area and to detract from the setting of the subject Heritage Item. Council’s heritage advisor recommended design modifications to make the proposal sympathetic to the heritage significance of the site. The applicant subsequently lodged this proposal adopting the recommendations of Council’s heritage advisor.     

 

View of DA 10.2016.235.1 from Byron Street (former proposal shown in red) the DA was withdrawn following issues with heritage conservation, height and character.

 

1.2.          Description of the proposed development

 

This application seeks development consent for Alterations and Additions to the rear of existing building including, construction of basement car park, Restaurant at ground level, and two self contained Motel or hotel accommodation units at first floor level. The proposal specifically involves:

 

Basement Level

·    Two car parking spaces (including one accessible parking space) and bicycle parking are proposed with gated access to the rear (Deacon Street).

·    Basement is also to contain a vehicle turntable and lift access to ground floor level.

 

Ground Floor

·    The proposal involves minor alterations to the rear of the existing building;

·    Construction of a new restaurant to rear of existing building with 76.25m2 of internal floor space;

·    New outdoor dining area including raised podium level,

·    Sandwich /salad bar;

·    Cellar bar

·    Toilets and separate accessible toilet including nappy change room,

·    Cold store room;

·    New external waste storage area and separate lifts to basement and first floor level.

 

First Floor

·    Erection of two self contained hotel/motel apartments (each with 50m2 of internal floor space) containing single bedroom, lounge, kitchen and bathroom and external balcony

·    Lift and stair access from ground level.

 

Artists impressions of proposed development when viewed from the rear Deacon Street are contained in Figure No.1 and No.2. The roof of the proposed addition does not exceed the height of the existing building when viewed from Byron Street as can be seen in Figure 3 below. This is a significant change to the original concept with the saw tooth roof additions. . 

 

Proposed Planning Agreement

The proposed development is short nine (9) car parking spaces required by Byron DCP 2014. To compensate for this shortfall in parking the proposal includes a draft Voluntary Planning Agreement (dated 12 September 2017) which seeks to make a monetary contribution towards public car parking within (or in close proximity to) the Bangalow CBD. 

 

 

Figure 1 - Artistic impression of proposed development when viewed from Deacon Street

 

Figure 2 - Artistic impression of proposed development when viewed from Deacon Street

 

 

Figure 3 - View of proposed development (shown in red) from Byron Street frontage

 

 

1.3.          Description of the site

 

Land is legally described as

LOT: 1 DP: 1062312

Property address is

32-34 Byron Street BANGALOW

Land is zoned:

B2 Local Centre

Land area is:

607m2

Property is constrained by:

Heritage Item and Heritage Conservation Area

 

Figure 4 – Existing building at 32-34 Byron Street, Bangalow

 

The subject property is identified as a Heritage Item (No. I016 ‘Bangalow House’) within Byron Local Environmental Plan 2014, and is also located within the Bangalow Heritage Conservation Area.

 

2.         SUMMARY OF REFERRALS

 

 

Referral

Issue

Development Engineer

No objection to the proposal subject to Conditions of Consent. Car parking shortfall to be resolved through contributions. 

Building Surveyor

Compliance of the existing and proposed buildings with relevant provisions of the BCA (Clause 94 of the Regulation). No objection to the proposal subject to conditions.

S64 / Systems Planning Officer

Provision of water, bulk water and sewerage services. No issues identified subject to conditions.

S94 / Contributions Officer

No objection to the proposed VPA for payment of monetary contributions to compensate for the shortfall in on-site parking proposed. 

Heritage Advisor

No objection to the proposal subject to conditions. The Heritage Advisor’s comments are attached fro Councils consideration.

 

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 & 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 55—Remediation of Land

Consideration: Following an inspection of the subject site and based on the information available there is no evidence to suggest the site is likely to have been contaminated by a past use. The site was used for residential purposes over 100 years ago. The subject land is considered to be suitable for the proposed restaurant use and motel units subject to conditions requiring the preparation of an Unexpected Findings Protocol.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

Consideration: Not applicable, proposal is not a BASIX affected building.

 

State Environmental Planning Policy (Infrastructure) 2007

 

Consideration: No issues identified.

 

 

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 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| 4.2|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

 

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 Hotel or motel accommodation and Restaurant;

(b)     The land is within the B2 Local Centre according to the Land Zoning Map;

(c)     The proposed development is permissible with consent; and

(d)     Regard is had for the Zone Objectives as follows:

 

B2 Local Centre Zone Objectives

Consideration

•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

•  To encourage employment opportunities in accessible locations.

•  To maximise public transport patronage and encourage walking and cycling.

•  To encourage vibrant centres by allowing residential and tourist and visitor accommodation above commercial premises.

 

The proposed development is considered to be consistent with the objectives of the B2 Local Centre Zone. The proposal seeks to provide a restaurant and motel accommodation which will serve the needs of people who live in, work in and visit the local area. The proposal also encourages a vibrant centre by providing tourist and visitor accommodation above a commercial premises.

 

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. The proposed development complies with all clauses of LEP 2014 (in some cases subject to conditions and/or to the satisfaction of other assessing officers).

 

Clause 4.3 Height of Buildings

 

The proposed additions have a maximum height of 7.5 metres and complies with the 9 metre height limit for Bangalow

 

Clause 4.4 Floor Space Ratio

 

The subject site has a maximum Floor Space ratio of 1.0:1.0 under Byron LEP 2014. The proposal has an FSR of 0.65:1.0 and complies with the LEP provisions.

 

Clause 5.10 Heritage Conservation

 

Clause 5.10(4) states:

 

(4) Effect of proposed development on heritage significance

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

 

Assessment: The subject property is identified as a Heritage Item (No. I016 ‘Bangalow House’) within Byron Local Environmental Plan 2014, and is also located within the Bangalow Heritage Conservation Area.

 

Council’s Heritage Advisor has reviewed the proposed development in the context of the Heritage Item status of the site and in the broader context of the Bangalow Conservation Area. The proposed roof height of the addition does not exceed that of the existing heritage building which substantially restricts views of the development from Byron Street. Following is an extract from the comments from Council’s Heritage Advisor:

 

“The proposed additions are considered sympathetic and are not likely to have an adverse impact upon the significance or setting of the subject heritage item or the setting of the Bangalow Heritage Conservation Area, subject to final colours.”

 

Overall the proposed development is considered to be compatible with the heritage significance of the site and surrounds.

 

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

 

No relevant draft Environmental Planning Instruments have been identified for this proposal.

 

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 because it applies to the land to which LEP 2014 applies. The DCP 2014 Parts/Chapters that are checked below are of relevance to the proposed development:

 

Part A

 

Part B Chapters:

B2| B3| B4| B5| B6| B7| B8| B9| B10| B11| B12| B13 | B14

Part C Chapters:

C1| C2| C3| C4

Part D Chapters

D1| D2| D3| D4| D5| D6| D7| D8

Part E Chapters

E1| E2| E3| E4| E5| E6| E7

 

These checked Parts/Chapters have been taken into consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act. The proposed development is demonstrated to meet the relevant Objectives of all relevant Parts/Chapters (in some cases subject to conditions and/or to the satisfaction of other assessing officers).

 

Chapter C1 Non-Indigenous Heritage

 

The proposal is considered to accord with Section C1.3 (Conservation Guidelines and Requirements -Heritage Items, Heritage Conservation Areas and Development in their Vicinity) for the following reasons:

 

·    The proposal seeks to retain the original front façade of the subject building with all additions located to the rear of the existing building.

 

·    The proposed roof height of the addition does not exceed that of the existing heritage building which substantially restricts views of the development from Byron Street.

 

·    The proposed infill development is compatible in terms of bulk and scale.

 

A heritage assessment prepared by Council’s Heritage Advisor concludes that the proposal would not impact adversely upon the significance of the Heritage Item or the Bangalow Conservation Area.

 

Chapter B4  Car Parking

 

The proposal has been calculated to require a total of 20 parking spaces. The site is considered to have credit for 8.8 spaces, therefore, the site requires a further 11 additional parking spaces. Only two (2) parking spaces are proposed, resulting in a shortfall of 9 spaces. The applicant has proposed to enter into a Voluntary Planning Agreement to make a cash contribution towards the provision of parking within proximity of the Bangalow CBD.  The draft Planning Agreement is the subject of a separate report to Council to determine whether Council is prepared to enter into the submitted draft Planning Agreement.

 

Chapter D4 Commercial and Retail Development

Section D4.2.10  Restaurants, Cafes, Small Bars, Pubs Registered Clubs, Function Centres and other Licensed Premises in the Urban Areas of Byron Shire

 

The restaurant component of the proposal is satisfactory with the DCP controls. A condition has been included in the recommendation to limit the hours of operation of the restaurant to day trading between 7:00am to 6:00pm Monday to Sunday (seven days per week) as discussed with the applicant.

 

Chapter E2 Bangalow

 

The proposed development is considered to be compatible with the historical and architectural significance of its setting. The proposed character, bulk and scale is compatible with the low rise, historical character and scale of Bangalow in accordance with Section E2.1.3 of DCP 2014.

 

4.5       Any Planning Agreement or Draft Planning Agreement?

 

 

Yes

No

Is there any applicable planning agreement or draft planning agreement?

Consideration: The applicant has submitted a draft Planning Agreement seeking to make a monetary contribution towards the provision of additional car parking in Bangalow, it is for the consideration of Council if it wishes to enter into the planning agreement.

 

The proposed plans provide on site car parking for the hotel/motel accommodation units.  This satisfies clause B4.2.10 of the DCP.  Council may accept a VPA for the remaining commercial shortfall in parking.  The current draft VPA requires amendment but is satisfactory to form the basis of an offer under the terms of Section 7.4.  Council’s Developer Contributions officer is satisfied that a condition of consent may be imposed for a planning agreement and that the development application may be approved.  These contributions will be put towards funding peripheral parking as identified in the access and movement strategy or alternative additional parking in the town centre.

 

A condition is recommended requiring a VPA be entered into prior to the construction certificate.

 

 

4.6       Environmental Planning & Assessment Regulation 2000 Considerations

 

Clause 94 Consent Authority may require buildings to be upgraded

The applicant has submitted a BCA Compliance Audit Report prepared by East Coast Certification Group dated 2 April 2018. The report was considered by Council’s Building Certifier who has raised no objection to the proposal subject to compliance with the recommendations of the BCA Audit Report.

 

4.7       Any coastal zone management plan?

 

 

Satisfactory

Unsatisfactory

Not applicable

Is there any applicable coastal zone management plan?

Consideration: Byron embayment CZMP not adopted by the NSW Government at this time.

 

 

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

No. The proposal will not have a significantly 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

No. The proposal will not have a significant social impact on the locality.

Economic impact

No. The proposal will not have a significant economic impact on the locality.

 

4.9       The suitability of the site for the development

 

The subject site is a listed Heritage Item of local significance and is located within the Bangalow Conservation Area. The proposal has been designed following comments from Council’s Heritage Advisor and is considered to be compatible with the heritage significance of the site and area, subject to conditions.

 

4.10     Submissions made in accordance with this Act or the regulations

 

The development application was publicly exhibited. There were four (4) submissions received in response to the development application, following is a summary of the planning matters raised in those submissions.

 

Summary of planning issue

Comment

Character and appearance. This significant original structure and surrounding space essentially defines the characteristic curtilage of Deacon Street with deep rear areas that are typically vegetated and partially used for tenant parking.  There is also a somewhat random collection of garages but certainly no dominant buildings yet occupy these spaces.  It is in this context that this DA is of particular importance because planning decisions may well set a precedent for the entire line of heritage buildings on the southern side of Byron Street.  The distinctive character of the Deacon Street precinct would then be completely compromised.

 

New/Old Building Relationship.  The retention and preservation of the original structure is endorsed.  Although the proposal for the new building emphasises roof line compatibility with the old building and minimal impact from the Byron Street view, it is clear that the clean symmetrical lines of the old building will be diminished by the inconsistent western section of roofing on the new building.

 

Curtilage.  There has been no attempt to respect the curtilage associated with the old building and which is repeated for other buildings along Deacon Street towards St Stephen’s church.  Moreover, by filling this space, various options for improving traffic and pedestrian flow in Deacon Street are removed.

 

Scale.  While scale has been reduced from the previous application, the new building still dominates the available space such that a section of roof line interferes with the Byron Street facade and there is no longer a meaningful view of the old building from Deacon Street. The large footprint also entirely removes the availability of convenient all-day tenant parking.

 

Council’s Heritage Advisor has reviewed the proposed development in the context of Deacon Street and raised no objection. The following comments from the Heritage advisor are pertinent in this regard.

 

“Although the proposed additions are close to the rear of the existing building, the rear of the site is currently developed with a sealed car park and does not display any visible remnants of an earlier relationship with the heritage item such as gardens or early outbuildings. Open space will be created for a proposed garden outdoor eating area on the eastern side which will retain some views to the rear elevation of the heritage item, and the café area also maintains some transparency.”

 

“The proposed additions are considered sympathetic and are not likely to have an adverse impact upon the significance or setting of the subject heritage item or the setting of the Bangalow Heritage Conservation Area, subject to final colours.”

 

The proposal is at a height, bulk and scale sympathetic with development in the Bangalow CBD and complies with the LEP controls having regards to the commercial zoning of the land, and the height and floor space ratio provisions that apply. The proposal has also been considered against heritage provisions in Byron LEP 2014 and DCP 2014 with expertise sought from Councils Heritage advisor. It is considered the development in maintaining the Byron Street character is the main elevation of significance not the rear of the site in this instance. The proposed development is considered acceptable in this instance. .

 

No On-Site Parking. 

Lack of parking puts this issue back on Byron Shire Council.  This adds to the existing parking problem.

 

A planning agreement between BSC and the applicants does nothing to lessen this burden.  “The purpose of the planning agreement is for the developer to pay Council for the provision of public car parking.” 

The proposal seeks to provide two (2) on-site parking spaces in the basement level with access directly from Deacon Street. The shortfall in parking is to be made up by entering into a voluntary planning agreement for the payment of a monetary contribution towards parking in Bangalow. With the payment of the contribution car parking is considered acceptable.

 

 

4.11     Public interest

 

The proposed development is unlikely to prejudice or compromise the public interest or create an undesirable precedent.

 

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 unlikely to be a significant effect on threatened species, populations or ecological communities, or their habitats as a result of the proposed development because the proposal does not involve the removal of any significant vegetation or known threatened species habitat.

 

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 will be payable.

 

5.2       Section 94 Contributions

 

Section 94 Contributions will be payable.

 

6.         CONCLUSION

 

The proposed development is considered to accord with the relevant provisions of Council’s LEP 2014, DCP 2014, and relevant State Environmental Planning Policies, subject to conditions.

 

The proposal is considered to have sufficient planning merit to warrant approval subject to conditions. 

 

7.         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: Not applicable.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         Final Bangalow and Mullumbimby Movement Strategies - for incorporation into Bangalow and Mullumbimby Place Plans

Directorate:                 Sustainable Environment and Economy

Report Author:           Tara McGready, Place Planning Coordinator

File No:                        I2018/689

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

In the preparation of the Bangalow Village Plan and Our Mullumbimby Masterplan, specialist traffic and movement consultants MRCagney were engaged to review movement (walking, cycling and vehicular) around both towns and provide strategies and actions in the form of Movement Strategies for improving movement and place making in both localities.

 

This report presents the completed Bangalow and Mullumbimby Movement Strategies, the strategies and actions of which will be included into both Place Plans which are being prepared currently for each locality.

 

The report also outlines a number of projects within each town that align with the recommended actions of the Movement Strategies which are already being implemented by Council or the State Government.

 

  

 

RECOMMENDATION:

1.       That Council note the final strategies and actions of the Bangalow Movement Strategy including Implementation Plan in Attachment 1 (E2018/38669) will be incorporated into the Bangalow Village Plan.

 

2.       That Council note the final strategies and actions of the Mullumbimby Movement Strategy including Implementation Plan in Attachment 2 (E2018/38573) will be incorporated into the Our Mullumbimby Masterplan.

 

3.       That Council note projects that are currently being implemented by Council that align with the actions of both the Bangalow and Mullumbimby Movement Strategies.

 

 

Attachments:

 

1        Bangalow Movement Strategy & Implementation Plan, E2018/38669

2        Mullumbimby Movement Strategy & Implementation Plan, E2018/38573

 

 


 

Report

 

Background

 

Movement (walking, cycling and vehicular) and parking came up as the most frequently mentioned topics in the initial community “Have your Say” surveys that were conducted at the beginning of both the Bangalow and Mullumbimby place planning processes.

 

As a part of the Place Planning process for both Bangalow and Mullumbimby, a review of how people move around both of the towns was undertaken. Specialist traffic and movement consultants MRCagney were engaged to consider holistically the way people of all ages and abilities move around the village and provide strategies and actions for incorporation into the Bangalow Village Plan and Our Mullumbimby Masterplan for improving the street and pathway networks.

 

Before preparing any strategies or actions, Council and MRCagney held a number of community engagement events in May 2017 to firstly hear the views of local residents about what they consider are the key movement issues in Bangalow and their ideas for improving the street and pathway networks. The Guidance Groups for both Place Plans were also engaged through a number of workshops throughout the preparation of the Movement Strategies.

 

Final copies of the Bangalow and Mullumbimby Movement Strategies and accompanying Implementation Plans have now been produced and are included in Attachment 1 (Bangalow) and Attachment 2 (Mullumbimby) of this report.  The strategies and actions from the Movement Strategies will be incorporated into both draft Place Plans, which will be publicly exhibited before Council considers the plans for adoption.

 

Projects and actions in implementation phase

 

A number of projects which already align with the actions of the Movement Strategies and are currently at some stage of implementation are listed in the tables below.

 

Bangalow

 

Movement Strategy recommended action

Background  information on project already in implementation

Provide a shared path adequate for pedestrians and bike riders on Byron Bay Road from Byron Creek to the Bowlo.

 

Sections of the 400m footpath have been completed between Byron Creek and the Bangalow Bowling Club. Sections may have to be widen to 2.5m to make it a shared path in the future.

Provide a new and suitable bus stop at Rifle Range Road/ Lismore Road intersection.

 

24.2016.37.1 - Rifle Range Rd is currently being designed in consultation with RMS to upgrade the intersection and investigate the feasibility of two bus stops on Lismore Road. This project is expected to start later this year.

 

Provide peripheral off-street parking around Deacon Street and Ashton Street Heritage House site.

 

An old dip site directly South of the Heritage House site is currently being capped and 16 car parking spaces will be provided in this area. There may be future opportunities to increase the number of car park spaces in this area.

 

 

 

 

Mullumbimby

 

Movement Strategy recommended action

Background  information on project already in implementation

Introduction of revised time restrictions for car parking in the town centre 

 

24.2017.94.1 - Mullumbimby Parking Scheme has been implemented with revised 1 hour 2 hour parking time limits as per RES 17-660. The parking time limits are to be reviewed within 12 months of implementation.

 

Develop Shire-wide car share policy

 

A draft shire-wide car share policy has been drafted and reported to Council at 22 Feb 2018 meeting. A resolution was made to exhibit the policy for 28 days (in conjunction with exhibition for amendments to Byron Development Control Plan 2014 Chapter B4: Traffic Planning, Vehicle Parking, Circulation and Access). This is scheduled to occur during May 2018. An expression of interest from car share companies for a pilot project in Byron and Mullumbimby will be advertised in May 2018.

 

On- demand shuttle bus service.

 

Transport for NSW are in the planning stages of trialling an on demand shuttle bus service for this region.

 

Expansion of the regional cycling network using the rail corridor linking Mullumbimby with surrounding regional towns.

 

Expressions of Interest for Multi Use (including rail and active transport options) of Byron Shire Rail Corridor (Bangalow to Yelgun) were advertised in April 2018. Staff are currently assessing tenders and a report will be presented to 24 May 2018 Council meeting to seek endorsement to proceed to a selective Request for Tender.

 

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

Nil

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.14

 

 

Report No. 13.14         Update - Resolution 18-266 The Terrace Reserve Holiday Park, Brunswick Heads 

Directorate:                 Sustainable Environment and Economy

Report Author:           Shannon Burt, Director Sustainable Environment and Economy

File No:                        I2018/797

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

Council considered Report 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 at the ordinary meeting 19 April 2018, and resolved as follows:

 

Resolution 18-266:

 

1. That Council defer this report to the 24 May Ordinary Meeting.

 

2. That Council request an urgent meeting (within 28 days) with NSWCHPT and their consultants, as well as Robert Kooyman and two representatives from the Brunswick Community, with respect to the recommendations made in the Arboricultural Impact Assessment prepared by Arborsafe 2018 (Attachment 1 E2018/30243) as to specific conditions required on site to meet resolution 17-418.                                                                      

 

The purpose of this report is to provide Council with an update of the meeting held 11 May 2018, as per item 2 of the resolution.

 

 

  

 

RECOMMENDATION:

1.   That Council note the report.

 

 

Attachments:

 

1        Arboricultural Impact Assessment prepared by Arborsafe, E2018/30243

2        Ecological considerations of vegetation management Terrace Holiday Park: Southern Precinct, E2018/32644

 

 

 


 

Report

 

A meeting was held 11 May 2018, as per item 2 of Resolution 18-266. The points of discussion and agreed actions are summarised below.

 

Reflections Holiday Parks propose to carry out works within the Coastal Cypress Pine (Callitris columellaris) forest community located in the southern portion of the Terrace Holiday Park, Brunswick Heads. 

 

Coastal Cypress Pine Forest in the NSW North Coast Bioregion is listed as an Endangered Ecological Community (EEC) under the Biodiversity Conservation Act 2016.

 

Two consultant reports discussing proposed works in the Coastal Cypress Pine Forest have been provided to Council by Reflections Holiday Parks, and they are:

 

·    Terrace Holiday Park: Southern Precinct Arboricultural Impact Assessment for the Southern Precinct of Terrace Holiday Park, Brunswick Heads. Prepared by Arborsafe Australia Pty Ltd March 2018. (Attachment 1)

 

·    Ecological Considerations of Vegetation Management Terrace Holiday Park: Southern Precinct. April 2018. (Attachment 2)

 

Council engaged the services of Dr. Robert Kooyman (Ecologist / Botanist) to carry out an ecological assessment of the Coastal Cypress Pine Forest located in the Terrace Holiday Park. Dr. Kooyman’s report was provided to Council in August 2017 and was subsequently submitted to Council at its meeting on 26 October 2017 (Council Report 2017/523). Dr Kooyman has since reviewed both the above consultants’ reports.

 

The Coastal Cypress Pine trees located in the southern portion of the Terrace Holiday Park are subject to Chapter B2 of Council’s Development Control Plan 2014 Preservation of Trees and Other Vegetation) as adopted under clause 26 of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.

 

Chapter B2 of Council’s Development Control Plan 2014 applies to the protection of “Locally indigenous species (of any height) within a vegetation community described as forest, woodland, heath land, scrubland, fernland, saltmarsh, mangrove or wetland.”

 

It is Council’s view that the proposed works to any of the individual Coastal Cypress Pine trees may affect the EEC and as such require development consent.

 

As an alternative to a development application to Council, Reflections Holiday Parks may make an application to the Office of Environment and Heritage for a licence to carry out works or activities within the EEC. This application is made under the Biodiversity Conservation Act 2016.

 

Reflections Holiday Parks confirmed this to be their preferred approval pathway at the meeting. An application for a licence to the Office of Environment and Heritage has not yet been lodged.

 

A difference of opinion was expressed at the meeting between consultants, about the test of significance that would be applied to the licence application and whether ‘significant affect’ would be triggered under the test when applied to the Coastal Cypress Pines community, given the proposed works at the Terrace Holiday Park. The consultants’ reports were silent or unclear on this.

 

This will be a matter for the Office of Environment and Heritage. Extract of Biodiversity Conservation Act 2016 below:

 

7.3   Test for determining whether proposed development or activity likely to significantly affect threatened species or ecological communities, or their habitats

(1)  The following is to be taken into account for the purposes of determining whether a proposed development or activity is likely to significantly affect threatened species or ecological communities, or their habitats:

 

(a)  in the case of a threatened species, whether the proposed development or activity is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction,

 

(b)  in the case of an endangered ecological community or critically endangered ecological community, whether the proposed development or activity:

 

(i)  is likely to have an adverse effect on the extent of the ecological community such that its local occurrence is likely to be placed at risk of extinction, or

(ii)  is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,

 

(c)  in relation to the habitat of a threatened species or ecological community:

 

(i)  the extent to which habitat is likely to be removed or modified as a result of the proposed development or activity, and

(ii)  whether an area of habitat is likely to become fragmented or isolated from other areas of habitat as a result of the proposed development or activity, and

(iii)  the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species or ecological community in the locality,

 

(d)  whether the proposed development or activity is likely to have an adverse effect on any declared area of outstanding biodiversity value (either directly or indirectly),

 

(e)  whether the proposed development or activity is or is part of a key threatening process or is likely to increase the impact of a key threatening process.

 

(2)  The Minister may, by order published in the Gazette with the concurrence of the Minister for Planning, issue guidelines relating to the determination of whether a proposed development or activity is likely to significantly affect threatened species or ecological communities, or their habitats. Any such guidelines may include consideration of the implementation of strategies under the Biodiversity Conservation Program.

 

A number of actions were agreed to by Reflections Holiday Parks to address concerns raised at the meeting, these are:

 

·    To review and update their consultants’ reports to clarify aspects of the works proposed to the EEC and the assessment of impacts provided.

 

·    To engage directly with OEH on the above, and provide that advice back to Council as soon as possible to assist Council in its consideration of the Approval to Operate application pending for Terrace Holiday Park.

 

·    To consider agreeing to conditions on the Approval to Operate for Terrace Holiday Park, for restricting the use of the southern end of the Terrace Holiday Park for ‘camping’ to holiday periods only, allowing a vegetation regeneration period in between times.  

 

A further report to finalise this matter is anticipated for the June ordinary meeting to enable the required information as described above to be submitted by Reflections Holiday Parks in a time appropriate manner for Council’s consideration.

 

Financial Implications

 

N/A

 

Statutory and Policy Compliance Implications

 

Local Government Act 1993

 

Section 68 Approval to Operate

 

The operation of caravan parks and camping grounds require Approval to Operate (ATO) under

Section 68 (Part F2) of the Local Government Act 1993. Applications are lodged by the land owner

to continue the operation of caravan park and camping ground activities and application fees are paid in accordance with Councils’ adopted fees and charges.

 

The process of assessing and determining ATO applications is regulated under Chapter 7 Part 1 of

the Local Government Act 1993. Part of the consideration of such applications involves the

auditing of compliance with the Local Government (Manufactured Home Estates, Caravan Parks,

Camping Grounds and Moveable Dwellings) Regulation 2005 (“the Regulation”).

 

Once it has been determined that the application represents the actual site activities, and satisfies

the requirements of the Regulation, then an ATO approval is granted. Once an approval has been

issued Council may determine to extend or renew an approval (but without changing the terms of

the approval) if satisfied there is good cause for doing so.

Section 105   Circumstances in which approval is taken to have been refused

 

(1)  If the council has not determined an application:

 

(a)  within the period of 40 days after the application is lodged with it, except as provided by paragraph (b), or

(b)  within the period of 80 days after the application is lodged with it in the case of an application for which the concurrence of a person or authority is required by or under this Act,

the council is, for the purposes only of section 176, taken to have determined the application by refusing approval on the date on which that period expires.

 

(2)  Nothing in subsection (1) prevents the council from determining an application after the expiration of the 40-day or 80-day period, whether on a review under section 100 or otherwise.

 

(3)  A determination under subsection (2) does not prejudice or affect the continuance or determination of an appeal made under section 176 in respect of a determination that is taken under subsection (1) to have been made, subject to subsection (4).

 

(4)  Where a determination under subsection (2) is made by granting approval, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 176 in respect of a determination that is taken by subsection (1) to have been made, withdrawn at any time before the appeal is determined.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.15

 

 

Report No. 13.15         PLANNING - Development Application 10.2017.460.1 - Utility Installation: Telecommunication Tower at 54 Jones Road Wooyung 

Directorate:                 Sustainable Environment and Economy

Report Author:           Simone Kenyon, Planner

File No:                        I2018/813

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

Proposal description:

Utility Installation: Telecommunication Tower

Property description:

LOT: 100 DP: 1178907

54 Jones Road WOOYUNG

Parcel No/s:

241928

Applicant:

Optus Mobile Pty Ltd

Owner:

Billinudgel Property Pty Ltd

Zoning:

Part RU1 Primary Production/Part DM Deferred Matter – 7(k) Habitat Zone

Date received:

24 August 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: 14/9/17 to 27/9/17

-    Submissions received: Two (2) submissions received

Planning Review Committee:

N/A

Delegation to determination:

Council

 

Issues:

-    Natural Constraints – Flood, Bushfire, Acid Sulfate Soils – Class 3, High Conservation Value Vegetation and a Cattle Dip Buffer; and

-    Clause 40 – Exceeds 9m height limitation – SEPP 1 Objection

 

Summary:

 

This development application was reported to the 19 April 2018 Ordinary meeting whereby Council deferred making a decision on the application subject to further information being provided for there consideration. This report provides that additional information and is aimed at addressing Council Resolution 18-263 which ‘resolved that this matter be deferred until Council has received a development application, the environmental report and the points within the submissions raised are answered by either staff or the proponents’. Further detail has been included in this report including Councils Ecologists Comments and details as to why the site has been selected.

 

Development approval is sought for a Utility Installation – Telecommunications Tower at 54 Jones Road, Wooyung. The property is zoned Part RU1 Primary Production/Part DM Deferred Matter – 7(k) Habitat Zone in accordance with the Byron Local Environment Plans 2014 and 1988 respectively. However, it is noted that the proposal is wholly located within the portion of the site that is mapped 7(k) Habitat Zone and as such, an assessment against BLEP 1988 and BSDCP 2010 only, has occurred.

 

The fragmented allotment has a total land area of 21.235 hectares and is utilised for a variety of purposes, more specifically the ‘Splendour on the Grass’ festival. The proposal includes one (1) 35m tower with ancillary infrastructure such as dishes, antennae and cabling. The phone tower is to provide improved telecommunication in the Wooyung area and festival goers. It is noted that mobile phone towers are used at present for the festivals.

 

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, excluding Clause 40 of BLEP 1988. The height of the tower is supported as strict compliance with the development standards is not warranted in this instance. In particular a phone tower would be in-effective at 9 metres in height, whilst the proposal is unlikely to have an adverse impact on the visual amenity of the locality.

 

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 discussed in this report. 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. 10.2017.460.1 for a Utility Installation: Telecommunication Tower, be granted consent subject to conditions listed in Attachment 4 #E2018/30097.

 

Attachments:

 

1        Proposed Plans 10.2017.460.1, E2018/28608

2        Site Selection Process, Co-location Opportunities and Alternate Candidates, E2018/37994

3        Confidential - Site Selection Mapping, E2018/40591  

4        Conditions of consent 10.2017.460.1, E2018/30097

5        submissions received 10.2017.460.1, E2018/25091

 

 


 

Assessment:

 

1.         INTRODUCTION

 

1.1.          History/Background

 

The subject allotment was registered 19 September 2012. A search of Council records identifies the following development application history:

 

 

1.2.          Description of the proposed development

 

This application seeks approval for Utility Installation Telecommunication Tower as demonstrated Attachment 1.

 

The proposal includes:

a)      One (1) 35m monopole;

b)      Six (6) panel antennas, each less than 2.8m in length, mounted on the pole in the following configurations:

i.      Three (3) panel antennas mounted on a turret headframe at a centreline height of 36.5m; and

ii.     Three (3) panel antennas mounted on the pole at a centreline height of 31.7m.

c)      One (1) radio-communication dish with a diameter of 1.2m, mounted at 28.7m in height;

d)      One (1) outdoor equipment shelter, with a floor area of 7.5m², mounted at ground level adjacent to the new pole; and

e)      Ancillary equipment associated with operation and safety of the facility, including remote radio units, cabling, safe access methods, earthing, electrical works and air conditioning equipment.

 

The facility will be within an 80m² compound area, enclosed by a 2.4m chain-link security fence. The total height of the facility, including antennas and ancillary equipment, will be no taller than 38.3m above the natural ground level.

 

1.3.          Description of the site

 

Land is legally described as   Lot 100 DP1178907.

Property address is 54 Jones Road, Wooyung.

Land is zoned Part RU1 Primary Production/Part DM Deferred Matter – 7(k) Habitat Zone.

Land area is 21.235ha.

The property has a whole is constrained by Flood, Bushfire, Acid Sulfate Soils Class 3, High Conservation Value Vegetation and a Cattle Dip Buffer.

 

The subject lot is a fragmented allotment that supports numerous festivals including ‘Splendour on the Grass’. The portion of the allotment proposed to support the facility is within a cleared portion of the allotment.  

 

 

2.         SUMMARY OF REFERRALS

 

Referral

Issue

Environmental Health Officer

No objections subject to conditions.

S94 Contributions Officer

No objections subject to conditions.

Consultant Heritage Advisor

No objection. Conditions to apply in relation to cultural heritage 

Ecologist

No objections subject to conditions. See discussion below from Councils Ecologist on ecological values of the site. .

Office of Environment & Heritage – National Parks

Original information submitted was deemed insufficient. Information supplied by the applicant in response to this request is considered to satisfy any concerns raised.

Bundjalung (Arakwal)

Original information submitted was deemed insufficient. Re-referral was undertaken. No objection was received by Council.

Tweed Byron Land Council

Original information submitted was deemed insufficient. Re-referral was undertaken. No objection was received by Council.

 

ECOLOGY SUMMARY

 

Conservation Values

The Jones Road locality contains known high-value habitat for a range of threatened and protected species. The area is within the Endangered Population listing for the Koala (between the Tweed and Brunswick Rivers) and the surrounding area is recognised as containing secondary Koala habitat, with Primary habitat in proximity. 

 

The larger site and the adjacent Billinudgel Nature Reserve contain a mix of significant vegetation types including wetlands, littoral rainforest and wet sclerophyll forests, with grasslands between. The lot occurs within a mapped Regional Wildlife Corridor (Office of Environment and Heritage), which connects Inner Pocket and Billinudgel Nature Reserves and serves as a major hinterland to coast link. Corridor focal species are the Long-nosed Potoroo and Stephens Banded Snake.

 

The subject site contains vegetation mapped as Blackbutt-Mixed Eucalypt-Brush Box (Moist Blackbutt) immediately adjacent; with Pink Bloodwood - Blackbutt - Grey Ironbark shrubby open forest nearby.

 

Proposed Development Impact

 

The original ecological assessment provided with the application was limited in scope and based on one day ‘random meander’ survey only. Likely direct impacts including track widening and provision of underground services were not assessed and indirect impacts were not considered in any depth. Council requested further survey and reporting on specific issues to be undertaken. In response, the footprint of the proposal was reduced and moved slightly to avoid the need for native vegetation removal and further detailed survey and reporting was undertaken. Assessments of Significance were completed for threatened species and expert advice sought with regard to Microchiropteran bat species.

 

1.         Koalas

A Koala habitat assessment and scat survey was undertaken for the proposal. No Koala use was found at the site and no Primary Koala food trees will be affected. The area is within the Endangered Population boundary (north of the Brunswick River) and few Koala records have been found since major fires occurred within the Wooyung Nature Reserve.

 

Figure 1: Approx. location of the Optus mobile phone tower indicated by black arrow.

Koala habitat mapping: Red - Primary habitat, Orange - Secondary A habitat, Yellow- Secondary B habitat. Green shading - Billinudgel Nature Reserve.

 

Applicant response

Koalas were considered to have a good chance of being in the area, based on desktop assessment. None were observed and no evidence of activity was recorded in the area. The consultant ecologist concluded koalas may use the area for foraging occasionally as transients, or when moving between preferred habitats, but do not appear to depend on habitats in the area for their survival – koalas are unlikely to permanently occupy or breed onsite. While trimming of two Black Wattle specimens is needed, this trimming will not reduce local potential foraging resource for koalas, and will have no effect on any koala populations that may be present. No potential impact on breeding or persistence of local koala populations (if present) is expected. The Optus proposal will not isolate koala habitats, restrict movement of koalas or otherwise adversely impact their wellbeing.

 

Assessment

It is unlikely that the monopole would lead to a significant impact on Koalas. No Koala food trees are proposed for removal and the tower will not exacerbate other threats to Koalas such as road deaths, dog attacks or disease.

 

 

Figure 2: Maximum extent of zone of influence arising from the tower

 

2.         Microchiropteran Bats

Of most concern is the likely presence of microchiropteran bat species in the locality and the potential impact of Electro-magnetic Emissions (EME) in relation to microchiropteran bat species. Such species use echo-location to navigate and feed, particularly those catching insects on the wing. It is considered that since little research has been conducted in this area, potential exists to cause impacts, which could be significant. Nine threatened micro-bat species have been recorded from Billinudgel Nature Reserve (see list below).

 

 

 

Table 1: Microchiropteran bat species recorded from Billinudgel nature reserve

 

 

The adverse effects of EME are thought to be inversely proportional to size (Steve Phillips pers.comm. December 2017), thus bigger effects are thought to occur to smaller species. In addition, the micro-bats are flying at or around the height of the emissions from the tower, so there is little or no loss of intensity (such as has been demonstrated for humans on the ground). Finally, it is highly likely that other carriers (Telstra, Vodaphone) who have previously used mobile units during festivals, will wish to add infrastructure to the tower at varying heights, so that total emissions may be high and widespread in terms of the flight paths of various micro-bat species. Council requested additional consideration of potential impacts of Electro-magnetic Emissions (EME) in relation to microchiropteran bat species.

 

Applicant Response

Twelve species of bat were considered to have a good chance of being present in the area, though none were observed. The consultant ecologist found the proposal would have no potential negative impact to these species, given:

·    Some areas of suitable foraging habitat are present in the Optus work area, but no hollow bearing trees or caves  – there is minimal potential for critical life cycle stages to occur in the study area

·    These species would, in any case, be expected to seasonally range across the network of interconnected nature reserves close by, including Billinudgel, according to life cycle stage and prey abundance

·    Given the seasonal movements of the 12 bat species, and the extent of potential habitat within their local range, the Optus work area represents a small amount of potential foraging habitat. Its loss would be highly unlikely to impact overall foraging success of bats, or their ability to raise young.

·    The ecologist found that radiofrequency emissions are unlikely to adversely impact on animals utilizing the reserve or traversing the site – there is no substantive evidence suggesting radiofrequency emissions have adverse impacts on animals in the general environment.

Due to the absence of available roost sites in close proximity to the proposed tower, the tower position within a cleared area and that a number of towers have been approved within National Parks of higher biodiversity values, the extent of harm is likely to be reduced by the fact that roosts and hollows/caves etc used for breeding habitat do not occur nearby. The matter is not likely to cause sufficient harm such that a significant impact is likely.

 

3.         Billinudgel Nature Reserve

The consultant ecological report assessed the likelihood of impacting Billinudgel Nature Reserve, finding that there is a possibility of sediment flow to affect the reserve, however runoff impacts are considered unlikely because of the surrounding vegetation buffer – the only area where sediment runoff is possible is the site access driveway. Optus have proposed sediment controls in response.

4.         Bushfire Risk

The tower is to be located within a flame zone in terms of bushfire risk. While Optus may accept the risk to their property, Council need to be certain that the presence of the tower and associated infrastructure could increase the chance of fire or the significance of fire impact to adjoining significant habitat areas by its presence. Additional information was sought as follows:

 

1.   An assessment by a qualified bushfire consultant as to any risk that the phone tower and associated infrastructure could lead to a bushfire event, or increase the bushfire risk to surrounding natural areas.

 

Applicant Response

The applicant has proposed a redesigned site layout and facilities to avoid clearing for APZ, as well as upgraded the housing unit to Flame Zone standard. The bushfire consultant’s report also satisfactorily demonstrates that the tower itself and associated facilities would not increase bushfire risk to surrounding natural areas. No tree or understorey removal is required to achieve the development footprint.

 

2.   Land swap

As an additional positive outcome, a parcel of land close to the tower that is part of the Billinudgel Nature Reserve but is largely unvegetated (grassed) will be swapped for land of high environmental value to the south of Jones Rd which directly adjoins the NR. The permanent protection of this area of land provides a clear ecological benefit.

 

 

Conclusion

Wolters (Applicants Ecologist) have recommended a number of mitigation measures, including:

·    Boundary of works to be delineated by fencing, with no works to occur outside the boundary.

·    Trimming to be kept to a minimum and restricted to the trees identified in the report

·    Prior to works, a pre-clear fauna check should