Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 21 June 2018

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

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

 

 

 

Mark Arnold

Acting General Manager

 


CONFLICT OF INTERESTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure and participation in meetings

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

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

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

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

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

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

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

Non-pecuniary Interests - Must be disclosed in meetings.

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

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

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

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

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

RECORDING OF VOTING ON PLANNING MATTERS

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

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

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

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

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

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

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

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

 


BYRON SHIRE COUNCIL

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

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

6.    Adoption of Minutes from Previous Meetings

6.1       Byron Shire Reserve Trust Committee held on 24 May 2018

6.2       Ordinary Meeting held on 24 May 2018

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

8.1       Update - Short Term Holiday Let Government Announcement....................................... 6

8.2       General Manager Recruitment......................................................................................... 8

9.    Notices of Motion

9.1       A Zero Waste Target for Byron Shire............................................................................... 9

9.2       Support for the Uluru Statement from the Heart............................................................ 14

9.3       Lots Identified ................................................................................................................. 17

10.  Petitions

11.  Submissions and Grants

11.1     Byron Shire Council Submissions and Grants as at 30 May 2018................................. 19

12.  Delegates' Reports

12.1     Law Enforcement Conduct Commission Hearing Operation Tambora - 26-28 March 2018        21  

13.  Staff Reports

Corporate and Community Services

13.1     Proposed Amendments to Council's Code of Meeting Practice.................................... 22

13.2     Mayor and Councillors Payment of Expenses and Provision of Facilities Policy Review 28

13.3     Temporary suspension of Railway Park artisan markets............................................... 31

13.4     Mayor and Councillor Fees 2018/2019........................................................................... 37

13.5     Community Initiatives Program (Section 356) - 2017/18 funding round applications.... 40

13.6     Public Hearing into Byron Bay Police Actions - outcome............................................... 42

13.7     LGNSW Board Vacancy - Vice President (Rural/Regional Councils)............................ 44

13.8     Investments May 2018.................................................................................................... 47

Sustainable Environment and Economy

13.9     CZMP for the Eastern Precincts of the Byron Bay Embayment (Cape Byron to Main Beach) - Engagement and Public Exhibition Outcome................................................................. 55

13.10   PLANNING - Draft Employment Lands Strategy for Public Exhibition.......................... 61

13.11   PLANNING - 26.2016.4.1 - Rural Function Centres - Results of Community Engagement         69

13.12   Adoption of Constitution for Strategic Business Panel.................................................... 81

13.13   PLANNING - Residential Strategy -  Accessible Housing Project (Housing Summit Action)       83

13.14   Barrio Eatery and Bar - Update on Resolution 18-170................................................... 95

13.15   Report of the Planning Review Committee Meeting held on 15 May 2018................... 98

13.16   Local Development Performance Monitoring and DPE Development Assessment Best Practice Guide............................................................................................................................. 100

13.17   PLANNING - Residential Strategy - Update on responses to relevant state government policy  106

13.18   PLANNING - Status report - Resolution 17-575 - Plan of Management for Railway Park 109

13.19   PLANNING - NSW Planning System Reforms and Community Engagement Obligations for Planning Functions....................................................................................................................... 113

13.20   PLANNING - Exceptions to Development Standards - 1 January 2018 to 31 March 2018         119

13.21   PLANNING - Development Application 10.2018.110.1 Tourist and Visitor Accommodation (Twelve (12) Cabins including Use of Existing Structures as Storage and Staff Lunchroom and Construction of Day Spa), Camping Ground (Two Hundred and Thirty Nine (239) Sites), Park Entry Office/Kiosk, New Dwelling and Recreation Facility (Indoors) - Yoga Facility at 1897 Coolamon Scenic Drive Mullumbimby................................................................................................................. 122

13.22   PLANNING - Development Application 10.2018.25.1 Subdivision  two lots into three lots at 31 Blackwood Crescent and Ballina Road Bangalow........................................................ 142

13.23   Actions from Agriculture and Farm Consultation.......................................................... 155

13.24   Byron Visitor Centre ..................................................................................................... 158

13.25   Development of a Dogs in Public Spaces Strategy...................................................... 162

13.26   BSC ats Dromore Properties Pty Ltd Land and Environment Court Proceedings ...... 167

Infrastructure Services

13.27   Biobanking for Byron Bay Bypass - Dedication Of Land............................................. 175

13.28   Update on MR 545 Transport Studies........................................................................... 179   

14.  Reports of Committees

Corporate and Community Services

14.1     Report of the Finance Advisory Committee Meeting held on 17 May 2018................ 186

14.2     Report of the Audit, Risk and Improvement Committee Meeting held on 17 May 2018 190

14.3     Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 31 May 2018............................................................................................................................... 195

Infrastructure Services

14.4     Report of the Local Traffic Committee Meeting held on 16 May 2018........................ 198

14.5     Report of the Water, Waste and Sewer Advisory Committee Meeting held on 31 May 2018      201

14.6     Report of the Local Traffic Committee Meeting held on 31 May 2018........................ 205   

15Questions With Notice

15.1     Brunswick Valley Sewerage Treatment Plant.............................................................. 208

15.2     Potholes ........................................................................................................................ 210

15.3     Report 13.9 of 24 May 2018 Ordinary Meeting Agenda............................................... 211

15.4     Brunswick Valley STP Overflow................................................................................... 214   

16.  Confidential Reports

Sustainable Environment and Economy

16.1     Confidential - Mullumbimby Administration Building - Solar Installation............... 215

Infrastructure Services

16.2     Confidential - Tender Assessment Report - Belongil Entrance Opening Strategy 216

16.3     Confidential - 2017-0050 EOI: Redevelopment of 1 Broken Head Road, Byron Bay          218

16.4     Confidential - Expression of Interest 20017-0069 Bioenergy Project................... 220  

 

 

 

 

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

Mayoral Minute                                                                                                                         8.1

 

 

Mayoral Minute

 

Mayoral Minute No. 8.1       Update - Short Term Holiday Let Government Announcement

File No:                                  I2018/1096

 

  

 

I move that Council:

 

1.       Acknowledges the legitimate role short term holiday letting can play as part of the suite of visitor accommodation provision;

 

2.       Note the disappointing lack of planning clarity thus far shared via press releases concerning short term holiday letting;

 

3.       Note the disappointing absence of engagement of any form with Byron Shire in the 8 months since the close of the formal consultation period in October 2017;

 

4.       Reinforce that, due to the Byron Shire a blanket approach to planning regulation via a state policy is a major cause for concern;

 

5.       Request support from MP’s Ben Franklin and Tamara Smith to assist in convening a meeting with the Minister for Planning in order for council to seek a deferral of Byron Shire from the new state wide planning policy (pause to implementation).

 

 

 

 

Background Notes:

 

The NSW Government has announced a new a regulatory framework to govern the short-term holiday letting industry on 5 June.

 

The new framework is to include new planning laws, an industry Code of Conduct and new provisions for strata scheme by-laws.

 

The announcement is in response to the short term holiday letting option paper exhibited by the Department of Planning and Environment last year.

 

Council made a submission to this paper advocating strongly for the ability to locally respond to short term holiday let activity through planning regulation, registration and compliance mechanisms. The early indication from the consultation being held was that this would be the case.

 

It was extremely disappointing then for Byron Shire that further direct engagement with local government (and in particular this Council) did not occur subsequent to the consultation close in October 2017 and the Government announcement.

 

In reviewing the limited details on the proposed new state-wide planning controls, it would seem that short-term holiday let is to be enabled via exempt development provisions with or without host for 365 days a year, unless a reduction to 180 days is granted. Other critical details to Council being development standards, registration and or compliance proposals for short term holiday let activity are lacking and needed for an informed consideration and response to be made.

 

Council acknowledges the divergent views on the impacts of short term holiday let in councils across NSW.  However, Byron Shire has experienced rapid growth in the last few years in online holiday rental listing and activity in the Shire as evidenced below. This has resulted in significant adverse impacts on our community in terms of amenity and character, and has reduced the available and affordable rental accommodation for residents and key workers that are needed to support our local tourist economy.

 

At December 2017 Byron Shire had around 2,655 listings of the total Northern Rivers listings 4,256. Listings are up from 1,483 listings in 2016. Byron Shire has a total of 15,645 dwellings. Listings currently represent @17% of part / all dwellings use. Staggering compared to other local government areas in NSW and Australia.

 

As such a blanket approach to planning regulation via a state policy is a major cause for concern.

 

It is noted that the Fair Trading (Short Term Rental Accommodation) Bill has been read in parliament and likely to be enacted shortly.  Reference is made in the transcript to the new state wide planning policy but at the time of writing this no details were available on the Department of Planning web site.

 

Due to the above, I have written to the Minister for Planning to seek a deferral of Byron Shire from the new state wide planning policy (pause to implementation) to enable a full consideration of the impact of the changes to short term holiday let in Byron Shire in terms of environmental, social and economic impacts.  I have also requested an urgent meeting to discuss the situation and circumstance of Byron Shire further.

 

To support this approach as being reasonable, the Minister was advised that Council already permits one bedroom short term holiday lets with host as exempt development.  As such the requested pause on implementation to the state policy would only be to short term holiday lets where no host is present.

 

This I consider to be a reasonable and equitable position for the state government to take for Byron Shire given the need to ensure that what is imposed on our community is both fair and balanced for the community as a whole not just one part.

 

Signed:   Cr Simon Richardson

 


BYRON SHIRE COUNCIL

Mayoral Minute                                                                                                                         8.2

 

 

Mayoral Minute No. 8.2       General Manager Recruitment

File No:                                  I2018/1101

 

   

 

I move that Council note the report at Confidential Attachment 1 (E2018/49761) and appoint Candidate #4 on a 5-year senior staff contract, at the current total remuneration package (TRP), in accordance with the Office of Local Government’s Standard Contract for the Employment of General Managers.

 

 

 

Attachments:

 

1        Confidential - Byron Shire Council recruitment and selection report - General Manager May2018, E2018/49761  

 

 

 

Signed:   Cr Simon Richardson

  


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     A Zero Waste Target for Byron Shire

File No:                                  I2018/1076

 

  

 

I move:

 

1.       Adopts a ‘Zero Waste Target’ across the Shire and includes this objective in our Integrated Waste Strategies and Management Plans.

 

2.       Supports a circular economy model approach to manage its resource recovery, with an expressed a desire for an innovative waste management strategic focus (with zero waste to landfill aspirations).

 

3.       Seeks regional support, through the Northern Rivers Joint Organisation, and other regional waste bodies, to encourage or incentivise businesses that will manufacture or create product from the recycled product in the region and to develop a region wide zero waste target.

 

4.       Support  the Northern Rivers Joint Organisation identified priority in waste management to proceed with and complete a detailed feasibility study for a regional AWT facility.

 

5.       Write to the Relevant Minister, requesting:

 

a)      That the NSW Government investigate further options for reforming the waste levy grant system, including providing greater flexibility in the grant guidelines for waste management projects.

 

b)      That the NSW Government investigate opportunities to enhance the collaborative powers of Regional Organisations of Councils to encourage investment in waste facilities, to be funded by the waste levy.

 

c)      That the NSW Environment Protection Authority provide additional support to local councils and resource recovery organisations to meet recycling targets and manage issues such as stream contamination, bureaucratic barriers, lack of product stewardship, and limited market opportunities.

 

d)      That the NSW Environment Protection Authority urgently investigate, identify and implement alternative solutions to the ban on the importation of recyclable plastics by China

 

e)      That the NSW Environment Protection Authority, in collaboration with stakeholders, investigate opportunities to embed zero waste strategies and the circular economy in New South Wales.

 

6.       Write to Tamara Smith  MLA and Ben Franklin MLC seeking their support and advocacy within NSW Parliament

 

 

 

 

Signed:   Cr Simon Richardson

 

Councillor’s supporting information:

 

Overview

 

We can thank the Chinese for abruptly stirring Australia, and NSW out of its’ responsible waste treatment slumber. The ‘Chinese Sword’ policy will greatly increase the need for local areas to become more responsible for what they consume and more important, what they do with the residual materials.

 

For a shire and region that has vulnerabilities in the provision of landfill security and yet seeks to develop innovative job creation and sustainable practices, this should be seen as a threat, but more importantly, an opportunity.

 

The Chinese Sword policy's greatest impact is/will be on the recycling industry as that was the majority of product that was being exported.  The policy shift will cause a much needed change in the Australian industry to focus on more on-shore processing facilities, leading to opportunities for regional collaboration in this space, particularly if there is sufficient support and drive from the State and Federal Government. NOROC waste officers have already met with the EPA to discuss the implications of the Chinese policy.

 

A Local Approach

 

Aware of the looming problems that would arise from a change in policy by China, or Queensland or both; with an intent to explore the possibilities to be a landfill free shire, and aware of the fantastic employment and sustainability outcomes that could arise from a flourishing and  innovative, circular economy system within the shire, Council ‘Council commissioned the Byron Shire Waste Strategy, completed by Arcadis, in August 2017. This report was the first stage in development of the strategy, not the final strategy. Arcadis have now completed stages 1, 2 and 3 of the strategy project– project inception, the BAU report, and the preliminary future options studies into AWT.  The Integrated Waste Management Strategy (Stage 4 of the strategy project) is nearing completion and this should come to Council in September.  

 

The Arcadis report recommended that some technologies be taken through a more detailed assessment, including: Combustion  (mass burn of residual MSW and C&I Waste with energy recovery in form of electricity) and Gasification (close-coupled form, with electricity generation via a steam turbine) and identified further work to clarify the following:

•        Costs, including capex, opex, benchmark landfill costs and transport/transfer costs within the region for different siting options

•        Plant footprint requirements and preferred site options

•        The materials and energy recovery potential of the technology options as a function of the waste composition

•        Offtake markets for energy products (electricity, heat and fuel), RDF, mixed waste compost, bottom ash and air pollution control residues.

•        Assessment of the carbon impacts of each option, including transfer activities

 

Arcadis also recommended a further workshop with key stakeholders to review the technology options, refine the waste flow projections and gain consensus on the assessment framework and scoring.

 

The ability to grow businesses within our Shire, or to attract businesses to our Shire first starts with the articulated intention to become a Zero Waste  Shire and one focused on a circular economy. 

 

Getting the ‘feedstock’ to cater for new businesses is also crucial, this will only come from looking to the region, as staff recently stated, “There are a lot of new and innovative European alternative waste management technologies that are starting to come to Australia. These require more feedstock waste volume than the Byron Shire can provide so looking to partner with other councils in the region is important when assessing the viability of these facilities. These waste issues highlight the need for continued investment in innovative solutions in processing and in the Byron Shire we have a strong focus on recycling.”

 

The report summarised that, “each of the councils will assess the AWT options against their own benchmark costs for landfill disposal, either in their own landfill or using another regional landfill. In that respect, Tweed seemingly has the lowest benchmark cost which, if correct, is going to make it difficult for that council to justify an AWT commitment. Without Tweed, the volume of residual waste available drops by at least 25%. For other councils, their benchmark costs are broadly in line with preliminary expected costs for the shortlisted AWT solutions, indicating potential financial viability. AWT is not likely to provide significant financial savings in the short term, but it will provide long-term surety of residual waste costs in the face of ever-increasing landfill costs for all councils, but further work is required to verify the benchmark disposal costs, technology costs, transport costs and ongoing fixed landfill costs that councils will incur.”

 

It is worth noting of course that all of us in the Shire have a responsibly in how we collectively deal with our ‘waste.’ Our individual and community initiatives to reduce our plastic use and recycling is to be applauded, but it is crucial we continue and build on these changes. It is vital our community continue our current recycling efforts, as any exploration and implementation of AWT options will compliment kerbside recycling

 

A Regional Approach

 

As articulated, it is only through working collaboratively and aggregating our resource recovery streams that Byron can achieve its goals.  Council’s Integrated Waste Management and Resource Recovery Strategy has noted that many of the proven, available AWT technologies for recovery of residual waste require a larger throughput than what Byron Shire can supply on its own. Hence it is accepted by Council that regional collaboration on an AWT solution will likely be necessary to aggregate sufficient volumes of waste to create a viable project.

 

When first shared with NOROC councils, the Arcadis report was not universally endorsed and a commitment to action not forthcoming. However, the tide has turned and it is now very opportune to seek regional partners once more, as other Northern Rivers council’s have recently committed to similar innovative and sustainable outcomes.

 

On 22 March, 2018,  Tweed Shire Council passed a resolution to aspire to a zero waste target, and this provides an opportunity for the staff of the two council’s to develop more engagement, as the work we have been doing on this front, increasingly aligns with others. This allows us the opportunity to progressing investigations into the feasibility of AWT technologies on a regional scale. Tweed is a critical player in the region due to the volume of feedstock produced.

 

Recent developments within NOROC further enhance the momentum towards regional collaboration. As directed by the State Government, a key deliverable of the soon to be established Northern Rivers Joint Organisation is to adopt a statement of Regional Priorities. The statement of strategic regional priorities (statement) should set out a vision for the region and an overview of the joint organisation’s strategic work program to deliver this vision. Over the last 6 months, NOROC has developed a set of regional priorities. One of which was determined to be Waste Management. The priority will draw from community strategic plans, regional plans and other strategic documents.

 

The Waste Management priority, as currently drafted, identifies three opportunities, to,

1.       Adopt collaborative, innovative approaches to waste management to increase recycling and improve cost effective service delivery to Northern Rivers residents and visitors.

2.       Advocate for changes to NSW waste management regulation including a regulatory intervention to create a market for recycled product and review of the waste levy to facilitate increased funding available for local initiatives.

3.       Conduct a Northern Rivers pilot of innovative waste processing and/or waste to energy technology

 

The draft also identifies success in this priority area as, ‘Agreement between NOROC councils to proceed with and complete a detailed feasibility study for a regional AWT facility. “

 

A State Approach

 

NSW is the second highest per capita producer of waste in the world. A parliamentary inquiry into waste regulations has handed down its recommendations, including investigating options to restructure the NSW EPA. The committee (Portfolio Committee No. 6 - Planning and Environment- ‘Energy from waste' technology), was established on 6 April 2017 to inquire into and report on matters relating to the waste disposal industry in New South Wales, with particular reference to the impact of waste levies,'energy from waste' technology, the role of waste to energy and its impact on the recycling industry, regulatory standards, guidelines and policy statements on this and references to regulations overseas. In addition, it focused on illegal dumping and actions to prevent it, impacts of landfilling, the transport of waste out of the state and the sustainability of the current waste and landfill regime in New South Wales.

 

The final report acknowledged that successive NSW Governments have “failed to effectively leverage levy funds” to support the development of much-needed services and infrastructure, leaving the state dependent on landfill.

 

As identified by the myriad of EPA components within the NoM, the EPA is a crucial authority in the waste management space. Management of waste transport, processing, treatment and landfilling is regulated by the New South Wales Environment Protection Agency under the provision of the Protection of the Environment Operations Act and Regulations. Thus, any changes to waste treatment and processing to achieve a zero waste target must be in line with this legislation.

 

The committee recommended the NSW Government investigate options to restructure the NSW Environment Protection Authority (NSW EPA) to improve its performance and an independent review conducted into the EPA. The full report can be found here https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-details.aspx?pk=2436#tab-reports.

 

So far, the response by the government has been underwhelming at best. Minister Upton announced a support package of up to $47 million to help local government and industry, however, the package is being drawn from funding already allocated under the Waste Less, Recycle More program.  The deck chairs were merely shuffled.

 

In response, LGNSW called for financial assistance to be drawn from funds collected via the waste levy that currently go into consolidated revenue.

 

Nonetheless, the package still provides opportunity for Byron and the Northern Rivers, as it includes a $9.5 million allocation for industry and local government to co-invest in infrastructure projects to:

•        find new uses for recyclable materials

•        improve the quality of recycled products, and

•        reduce the amount of waste sent to landfill at the end of the process.

 

The pursuit and aspiration to create a zero waste region nearly aligns with both the State Government’s priorities of encouraging business investment and accelerating major project delivery and the Premiers articulated priorities of 150,000 new jobs by 2019 (priority 1), keeping our environment clean (priority 10) and Improving  government services (Priority 12.)

 

A Global Approach- the Circular Economy

 

The circular economy moves away from the traditional “take-make- dispose” economic model to one that is regenerative by design. It has also been called the regenerative economy.

 

It is underpinned by a transition to renewable energy sources, building economic, natural and social capital. The goal is to retain as much value as possible from resources, products, parts and materials to create a system that allows for long life, optimal reuse, refurbishment, remanufacturing and recycling.

 

According to  World Business Council For Sustainable Development’s (WBCSD): CEO Guide to the Circular Economy , the circular economy is a $4.5 trillion opportunity by 2030, and up to $. It presents a massive opportunity to accelerate society onto a sustainable path. (http://docs.wbcsd.org/2017/06/CEO_Guide_to_CE.pdf)

 

WBCSD offers, “The opportunities to be found within the new circular economy cannot be overstated, in short, it is nothing short than the biggest opportunity to transform production and consumption since the First Industrial Revolution 250 years ago. By unleashing circular innovation, we can boost the global economy’s resilience, support people and communities around the world and help fulfil the Paris Agreement and the UN Sustainable Development Goals. “

 

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

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

 

This NoM supports Councils strategic direction which includes the aspirational target of zero waste to landfill through best practice in waste avoidance, recovery and treatment.

 

Staff are in discussion with Arcadis about specific targets, timeframes under the strategic focus areas/objectives of enhanced solutions to recover, treat and dispose residual waste (includes AWT options and working with business and tourism sector), education and sustainable procurement.

 

Financial/Resource/Legal Implications:

 

N/A

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes

 

Consistent with the WARR Strategy deliverables.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Support for the Uluru Statement from the Heart

File No:                                  I2018/1086

 

  

 

I move that Council:

 

1.       Supports the Uluru Statement from the Heart.

 

2.       Will be a signatory to the ACOSS statement of support for the Uluru Statement.

 

3.       Acknowledges Aboriginal and Torres Strait Islander people as the Traditional Owners of this country and pay respect their ongoing spiritual and cultural connections with it.

 

4.       Recognises the need for constitutional change that goes beyond the symbolic and the benefits that a treaty offers all Australians.

 

5.       Thanks those who gathered at the 2017 National Constitutional Convention in Uluru for your persistence and patience.

 

 

 

 

Signed:   Cr Simon Richardson

 

Councillor’s supporting information:

 

On Friday 26 May 2017 Delegates of the National Constitutional Convention released the Uluru Statement from the Heart


The statement is a proposal of constitutional reform that would establish a constitutionally enshrined First Nations representative body to advise parliament on policy affecting Indigenous peoples and commit Australia to a process of truth-telling of its colonial history through the establishment of a commission.

 

There are three key elements to the reforms set out in the Uluru Statement. Only one involves a change to the Australian Constitution.

 

1.       The Constitutional Change 

Involves enshrining a First Nations Voice in the Australian Constitution that would empower Aboriginal and Torres Strait Islander people.

 

2.       The Legislative Change

Involves the establishment of a Makarrata Commission. The Makarrata Commission would supervise a process of agreement-making with Australian governments.

 

3.       The Commission

Would also oversee a process of truth-telling about Australia’s history and colonisation.

 

Uluru represents the largest ever consensus of Aboriginal and Torres Strait Islander people on a proposal for substantive recognition. The Uluru Statement was immediately rejected by Prime Minister Turnbull.

 

A Parliamentary Inquiry into the Uluru Statement, co-chaired by Senator Pat Dodson and MP Julian Leeser, is currently open for submissions and due to produce an interim report by 30 July 2018.


A key resolution from Uluru was the rejection of minimalist or symbolic constitutional recognition, in favour of something capable of creating substantive change while maintaining Indigenous sovereignty. The proposed body has no voting rights and will not alter the make-up of the Australian Parliament, but it will, for the first time, give First Nations peoples a voice to Parliament.

 

If the body is not constitutionally enshrined, thus guaranteeing it cannot be unilaterally dismantled like the Aboriginal and Torres Strait Islander Commission was in 2005, it no longer has the support of the Uluru forum.

 

AUSTRALIAN COUNCIL OF SOCIAL SERVICES (ACOSS) STATEMENT OF SUPPORT  www.acoss.org.au/supportfirstnations/

 

“A call to the Prime Minister and Australian Parliament


We support First Nations peoples to have a voice. We call on the Australian Parliament to make this a national priority.

 

We represent non-Indigenous Australians whose hearts and minds were filled with hope as First Nations voices called for acknowledgement in the Constitution and recommended treaties to bring about structural reform for socio-economic improvement.

 

There have been many consultations and reports over many years, with the latest being the Uluru Statement from the Heart.

 

The Uluru Statement from the Heart calls for ‘constitutional reforms to empower our people and take a rightful place in our own country’. It calls for a constitutionally guaranteed advisory body to provide advice to Parliament. The proposed body has no voting rights and will not alter the make-up of the Australian Parliament, but it will, for the first time, give First Nations peoples a voice to Parliament. It also seeks a Makarrata Commission to commence treaty negotiations engaging with all Australian governments and more active steps for ‘truth telling about our history’. 

 

We are concerned about the negative response from the Australian Government to the Uluru Statement from the Heart causes great concern.

  

Many First Nations peoples are again experiencing a governmental rejection of their views. First Nations voices are the only ones who can truly explain and ameliorate the historical intergenerational traumas, the marginalisation, the hurts and all their consequences. This inability to listen and work constructively with First Nations peoples potentially compounds intergenerational traumas and their consequences. Evidence from many studies, here and overseas, shows when First Nations peoples are empowered, the adverse consequences of their marginalisation are more effectively addressed.

 

Governments should support institutional reform to hear to the multiplicity of First Nations voices and allow them to bring a rich and varied range of proposals for constructive change to the table. Many of us have seen the devastatingly negative effects of successive federal, state and territory policies imposed on First Nations peoples; peoples who consistently remind us they are the best able to address the current situation affecting them, their families and communities.

 

We strongly support progressing Australia’s First Nations peoples’ right to a say in the decisions that affect their lives.

 

First Nations peoples make up the first sovereign nations of Australia with evidence of their presence in Australia for over 60,000 years. This sovereignty was ‘never ceded or extinguished and co-exists with the sovereignty of the crown’. However, it is yet to be rightfully acknowledged and First Nations peoples are not mentioned in the Constitution.

 

We agree with the Uluru Statement of the Heart that “With substantial constitutional change and structural reform [our emphasis] this ancient sovereignty can shine through as a fuller expression of Australian nationhood’. Such reforms must empower First Nations peoples and enable individuals, families, and children to flourish and consequently contribute inevitably to a more complete Australian society. 

 

The Australian Government has been seeking support for recognition from both Indigenous and non-Indigenous Australians over many years.

A national survey recently found over 70 per cent of Australians surveyed support First Nations peoples’ constitutional recognition, with 60.7 per cent supporting the Voice to Parliament proposal, and the Uluru Statement from the Heart was ‘endorsed by unprecedented Indigenous consensus’.

 

We urge the Australian Parliament to listen to First Nations peoples’ recommendations in the Uluru Statement, and to back this attempt to improve their circumstances and participate more fully in Australian society.

 

We do not want Australia to continue on a path of policies and associated expenditure on interventions and activities that are proving ineffective in many situations.

 

Giving First Nations peoples a say in the decisions that affect their lives will provide an opportunity for doing things differently and more productively, by simply listening to the advice of people who are affected, and by allowing First Nations peoples to claim their rightful place in the nation.

 

We support First Nations peoples’ Uluru Statement from the Heart. We call on the Australian Parliament to make this a national priority.

 

References:

www.1voiceuluru.org

www.acoss.org.au/supportfirstnations/

www.theguardian.com/australia-news/2018/may/26/a-year-on-the-key-goal-of-uluru-statement-remains-elusive

 

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

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

 

The Manager Community Development supports the recommendations proposed. It is assumed that part five of the recommendation will be fulfilled should Council adopt the Notice of Motion via a resolution given part five will be on the public record as part of the resolution.

 

Financial/Resource/Legal Implications:

 

Nil.

 

Is the proposal consistent with any Delivery Program tasks?

 

SC 3.2 Acknowledge, foster and celebrate Aboriginal culture

SC 3.1.1 Develop strong and productive relationships between the Aboriginal Community and Council.


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Lots Identified

File No:                                  I2018/1089

 

  

 

I move that an amendment to Chapter B14.2 of DCP 2014 be prepared as part of the next House Keeping DCP amendment/s by adding the following clause to the Prescriptive Measure in DCP – Chapter B14 – Excavation and Fill:

 

Lots that are identified as having stability problems either on Councils GIS mapping or through the development assessment process (slopes greater than 15 degrees, land that has historically been used for uncontrolled filling, or land that has is constrained by springs or wet areas etc.) are to adequately address geotechnical constraints through the submission of a detailed geotechnical report prepared by a suitably qualified professional. The development application shall also incorporating preliminary design detail for footings, driveways and storm water management to demonstrate how the risk is can be adequately managed. In certain circumstances the geotechnical constraints will prevent properties from being developed for infill development and applications will not be approved.    

 

 

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

 

Under the DCP 2010, there was a Chapter for South Ocean Shores that was not carried over to the current DCP 2014.

 

Section 2 from 2010 DCP states:

 

“It should be noted that the allotments originally identified as having stability problems were generally made larger than usual in order to provide a stable dwelling site. Council will not approve applications to re-subdivide these lots unless a fully demonstrated merits based case is made to the  satisfaction of the Council’s Community Infrastructure Executive Manager.”

 

Residents were surprised when DA 2018.127.1 (9 Bian Court and 13 Warrambool Rd, Ocean Shores) for a medium density development was lodged.

 

While that DA was withdrawn after consultation between neighbours and the developer, it proposed to remove native trees and double the density of Bian Crt by combining three lots and building 13 dwellings over a wetland and council infrastructure on a steep block.

 

Major issues include stormwater and traffic management, ecological destruction and a lack of consideration to the character of the area. 

 

Strong and clear council policy aimed at protecting resident amenity from development will prevent future litigation between developers and residents and ensure the public trust in planning authorities is maintained.

 

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

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

 

Staff raise no objection to the proposed amendment discussed above. The amendment will provide greater clarity for applicants in terms of how to address constraints on a site as part of the development assessment process, whilst also strengthening the provisions under Chapter B14 which apply Shire wide. It is also recommended that consideration be given to renaming the Chapter, “Earthworks and Geotechnical Controls” to ensure the controls are more readily identified within Byron DCP 2014.    

 

Financial/Resource/Legal Implications:

 

Amendment to DCP must meet requirements of Environmental Planning and Assessment Act 1979.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes - DP 2017-2021 Action 4.5 a) Development and Implement Strategies for our community’s needs   


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Byron Shire Council Submissions and Grants as at 30 May 2018

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2018/1029

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

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

 

  

 

RECOMMENDATION:

That Council note the report and attachment (#E2018/45500) for the Byron Shire Council Submissions and Grants as at 30 May 2018.

 

Attachments:

 

1        BSC Submissions and Grants Register as at 7 May 2018, E2018/45500

 

 


 

Report

 

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

 

Successful Applications

 

·        Social Access Solar Gardens, Australian Renewable Energy Agency, Project lead: UTS - $194,970

·        Coolamon Scenic Drive between Mullumbimby and Goonengery Road, Safer Roads – Safer Local Government Roads, NSW Roads and Maritime Services  - $342,100

·        Jonson St, Byron Bay, Safer Roads – Safer Local Government Roads, NSW Roads and Maritime Services   - $199,000

 

Applications Submitted

 

·        The refurbishment of Byron’s tennis facilities, Infrastructure Grants – sports and recreation stream, NSW Office of Responsible Gambling

 

Applications in Preparation

 

·        The construction of the Byron Bay Bypass Business Case, Growing Local Economies, NSW Regional Growth Fund

·        The upgrade of Brunswick Library Business Case, Regional Cultural Fund, NSW Regional Growth Fund

·        The Byron Bay Skatepark Business Case, Regional Sports Infrastructure Fund, NSW Regional Growth Fund

·        Mobile Wash Station, Community Building Partnerships, NSW Government

 

Additional information on the grant submissions made and/or pending is provided in Attachment 1 – Submissions and Grants report as at 30 May 2018.

 

Financial Implications

 

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

 

Requested funds from funding bodies

18,653,905

Council cash contribution

10,393,699

Council in-kind Contribution

320,158

Other contributions

17,040,000

Funding applications submitted and awaiting notification (total project value)

46,407,762

 

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

Delegates' Reports                                                                                                               12.1

 

 

Delegates' Reports

 

Delegate's Report No. 12.1      Law Enforcement Conduct Commission Hearing Operation Tambora - 26-28 March 2018

File No:                                       I2018/1099

 

  

 

Delegate notes provided by Nicqui Yazdi for the Law Enforcement Conduct Commission Hearing Operation Tambora, held 26-28 March 2018 in Sydney, are included as Attachment 1 to the Report titled “Public Hearing into Byron Bay Police Actions – outcome” in this Agenda.

 

Signed:      Cr Simon Richardson

 

 

 

  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.1           Proposed Amendments to Council's Code of Meeting Practice

Directorate:                 Corporate and Community Services

Report Author:           Ralph James, Legal Counsel

David Royston-Jennings, Corporate Governance Officer

File No:                        I2018/789

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

At the 22 March 2018 Ordinary Meeting, Council resolved to place draft amendments to Clause 22 and Schedule A of Council’s Code of Meeting Practice on public exhibition.

 

During the public exhibition period, two submissions were received.

 

In accordance with resolution 18-163, these submissions are attached to this report for Council to consider prior to any proposed adoption of the amended Code of Meeting Practice.

 

 

  

 

RECOMMENDATION:

That Council:

 

1.    Note the attached submissions received in relation to the draft amendments to Clause 22 and Schedule A of the Code of Meeting Practice (E2018/16039).

 

2.    Adopt the draft amendments to Clause 22 and Schedule A of the Code of Meeting Practice.

 

3.    Incorporate the adopted draft amendments into the Code of Meeting Practice.

 

4.    Update Council’s Corporate Documents Register with the revised Code of Meeting Practice and update the associated procedure (DM804466).

 

Attachments:

 

1        Clause 22 in the form it would appear if all proposed amendments were accepted, E2018/16039

2        Code of Meeting Practice Amendment to Clause 22 and Schedule A - Submission from John Anderson, E2018/34744

3        Code of Meeting Practice Amendment to Clause 22 and Schedule A - Submission from Duncan Dey, E2018/45094

 

 


 

Report

 

At the 22 March 2018 Ordinary Meeting, Council resolved to place draft amendments to Clause 22 and Schedule A of Council’s Code of Meeting Practice on public exhibition.

 

During the public exhibition period, two submissions were received.

 

In accordance with resolution 18-163, these submissions are attached to this report for Council to consider prior to any proposed adoption of the amended Code of Meeting Practice.

The report provided to the 22 March 2018 Ordinary Meeting provided information on the time devoted to public access, questions and submissions. 

 

Staff have examined available data and now provide additional information on the length of Council meeting in general including public access and questions with this information presented below.

Average Meeting Length 2013 - 2017

 

Based on the data from the 2017 Performance Excellence Program report, prepared in collaboration by Local Government Professionals Australia and PricewaterhouseCoopers, for the last 6 meetings in FY17, Byron had the second longest average meeting length (427 minutes) of the 135 participating Councils across Australia and New Zealand.

 

In the FY16 Performance Excellence Program, Byron had the second longest average meeting length (412 minutes). In the three years prior to that Byron had the longest meeting lengths of all participants with averages of 338, 450 and 391 minutes.

2017 Meeting length comparisons

 

For the last six months of the 2017 financial year, considering participating councils with a resident population of between 20,000 to 50,000 residents (16 councils including Byron) the median meeting length was 117mins

Council meetings averages and median – last 6 months of FY2017

 

 

646873959510210211412043143152194209258301427

Numbers shown above are the average length of meetings in minutes for the participating councils.

 

The lines represent the median (or the middle of the range) length of meetings in minutes within this group of councils (yellow) and across all participating councils (red) line.

 

Source: The Australasian LG Performance Excellence Program FY17, which requires the following information to be provided:  The information, statements and statistics are of a general nature and have been prepared from data provided by participating councils. The reliability, accuracy or completeness of this information has not been independently verified. Accordingly, whilst the statements are given in good faith, no one should act without obtaining specific advice and neither LG Professionals, NSW nor PwC accepts any responsibility for the consequences of any person’s use of or reliance on the report (in whole or in part) or any reference to it

 

A review of the websites of the 15 other NSW councils (identified based on their resident population of 20,000 to 50,000) for meeting schedules, Codes of Meeting Practice (where available) and minutes of recent meetings, for 2018 showed that:

 

·   1 council scheduled 10 meetings

·   5 councils scheduled 11 meetings

·   4 councils, including Byron, scheduled 12 meetings

·   The remaining 6 councils scheduled 15, 16, 18, 20 or 22 (2 councils) meetings for 2018.

 

For all but 1 of the 16 councils the above averages include public access and/or public question time.

 

Within the filtered group of councils participating in the LG Performance Excellence Program in 2017, based on averages for the last 6 meetings in FY17:

 

·   9 scheduled fewer meetings than Byron but achieved significantly shorter average meeting lengths (up to 5 hours per meeting shorter).

·   This is even though at least 8 of those councils included public access/questions inside their meetings.

 

Byron’s 2017 data for the full year shows that there were 12 meetings taking a total time of 4,019 minutes (excluding breaks and reserve trust meetings) at an average of 335 minutes.

 

Byron’s 2018 data up to 19 April 2018 shows there have been 4 meetings at a total time of 1,697 minutes at an average of 424 minutes.

2017 Public Access, Submissions and Questions Component of Meetings

 

Of the total meeting time in 2017, public access and question time comprised:

 

·   934 minutes in Ordinary Meetings

·   135 minutes in Extraordinary Meetings.

 

Reviewing minutes of Ordinary Meetings in 2017 shows around 193 people addressed Council during public access, submissions and/or questions.

 

Of them:

 

·   35% of appearances were made by just 4 people, who addressed Council 35, 18, 8 and 7 times during the year.

·   34% of appearances were made by people who only addressed Council once during the year.

·   31% of appearances were made by people who addressed Council up to 4 times during the year (note this includes professional planners appearing on behalf of development application clients).

 

Of the 15 other Councils reviewed, where it could be identified from their website, there were a variety of arrangements for public access, submissions or questions including:

 

·   Max 5 mins each for access and max 30 mins for questions.

·   Max 5 speakers at 3 mins each, i.e. max 15 mins, for access and no question time.

·   Max 3 speakers at 15 mins each, i.e. max 45 mins, for access and max 15 mins for questions

·   Max 6 speakers at 5 mins each for access, i.e. max 30 mins for access, and max 5 people for 2 mins, i.e. max 10 mins for questions,

·   Max 2 people at 5 mins each for access, i.e. max 10 mins, and max 30 mins for questions but all questions must be submitted in writing and they are read out by staff and must be max no more than 5 mins each to read.

Council Strategic Planning Workshop

 

On 8 February 2018 a workshop was held with Councillors in relation to the draft Code of Meeting Practice prepared by the Office of Local Government (OLG), which sought feedback from Councillors in order to prepare a submission to OLG on the draft document.

 

During this workshop, Councillors indicated that staff should consider, and submit to Council, proposed amendments to the provisions of Council’s Code of Meeting Practice dealing with Public Access, including public questions and submissions.

 

Draft amendments to the relevant sections of the Code, Clause 22 and Schedule A, were presented to Council at its Ordinary Meeting on 22 March 2018. Council subsequently resolved as follows:

 

Resolution 18-163:

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

 

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

 

2.    That in the event:

 

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

 

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

 

The draft amendments were placed on public exhibition from 19 April 2018 for a period of 28 days. This was advertised in the Byron Shire News, in the public notices on Council’s website and via social media on Council’s Facebook page.

 

Submissions

 

The following table summarises the submissions received*:

 

*Please note that submissions have been attached to this report in full.

 

Submission Reference

Submission details

Recommendation(s)

E2018/34744

 

I don’t support any of the changes proposed in the staff report.

 

Noted

Changes are not made in good faith.

 

On 8 February 2018 a workshop was held with Councillors.

During this workshop, Councillors indicated that staff should consider, and submit to Council, proposed amendments to the provisions of Council’s Code of Meeting Practice dealing with Public Access, including public questions and submissions.

 

Not designed to reduce meeting length.

 

As above

To reduce the accountability of staff by fiddling with public questions.

 

As above

Staff report is intellectually dishonest in that it tries to engender indignation by Councillors by not comparing the length Eunice of Byron Council meetings with those of other Councils.

 

Material of this nature has been included in the body of this report.

If Council were to hold meetings every 2 to 3 weeks instead of the current 4, then each individual meeting would be hours shorter, even public access would be shorter.

 

The frequency of Ordinary Meetings is a matter for Council.

Proposed changes to public access would on average save 5 or 6 minutes.

 

Proposed changes are in accordance with matters discussed by Councillors at the 8 February 2018 workshop.

The staff report attempts to suggest that a member of the public who is not satisfied with a response provided to a previous question should not be permitted to seek clarification.

 

The staff report does not application being available. Clarification on any matter has always been available via written request to the General Manager.

That a distinction be made between “answer” and “response”.

 

No distinction is required. An answer is reaction to a question. A response to a question is an answer.

 

E2018/45094

Submissions on clauses 22.2, 22.3, 22.4 and 22.10 and 22.17 relate to  grammatical matters.

 

It is a matter for Council as to whether grammatical amendments are made.

Submissions on causes 22.1, 22.5, 22.6, 22.7, 22.8 and 22.16 relate to replacing “speak in favour of or against the recommendation” with “speak on the recommendation”.

Whilst the submission would promote economy of words it is considered necessary that persons who nominate to speak should indicate whether they will be speaking for or against the recommendation. This affords efficiency in the Public Access agenda and assists the chairperson in time allocation. The wording “speak in favour or against the recommendation” is therefore necessary in 22.1 and it is recommended that it be retained in all other clauses purely for consistency.

The submission as to clause 22.8 proposes a limitation on the time allowed to Councillors to ask questions of a speaker. The submission does not propose any time restriction on the length of the answer to the question.

The submission has merit. So too does a restriction on the length of an answer. It is recommended that clause 22.8 be amended as follows

 

22.8 The Mayor will invite Councillors to

ask questions of speakers at the

conclusion of the speeches in favour of or against an item on the Agenda. The

time allowed for Councillors to ask

questions of speakers is limited to a

total of 1 minute per question

Speaker’s responses to  Councillors

Individual questions are limited to 1

minute.

 

 

The submission as to clauses 22.18 to 22.23 relate to the extension of Public Access.

A motion to extend Public Access is a procedural motion and therefore is not required to be seconded. Any motion to extend Public Access will require the vote of a majority of Councillors.

It is recommended that no amendment be made to these clauses.

 

Financial Implications

 

The conduct of Council Meetings is a function of Council and that function is budgeted for.  Any financial implications associated with the proposal concerning Public Access contained in this report would be difficult to ascertain except to allow more time for consideration of the Ordinary Meeting Agenda.

 

Statutory and Policy Compliance Implications

 

The Australasian LG Performance Excellence Program FY17 report stated that:

 

For councillors to make effective and informed decisions on policy settings, as well as council strategy, they require timely and succinct information prior to the meeting, clear agendas, and adequate time devoted to each element of the agenda to enable proper consideration of the issues.

 

The amendments recommended to Public Access are intended to create time to enable Councillors to devote to the items on the agenda whilst the same time preserving the ability of the community to have input into those items and to other issues before Council.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Report No. 13.2           Mayor and Councillors Payment of Expenses and Provision of Facilities Policy Review

Directorate:                 Corporate and Community Services

Report Author:           David Royston-Jennings, Corporate Governance Officer

Mila Jones, Corporate Governance Coordinator

File No:                        I2017/1012

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

This report outlines proposed changes to the Mayor and Councillors Payment of Expenses and Provision of Facilities Policy and recommends it for adoption for public exhibition.

 

On 27 June 2017, the Office of Local Government distributed Circular 17-17 (Attachment 2), which provided a better practice Councillors Expenses and Facilities Policy template, developed for use by all Councils. The Policy template has been provided as the suggested format for councils to be consistent with the Local Government Act 1993 (the Act) and Local Government (General) Regulation 2005 (the Regulation) and the Office of Local Government’s (OLG) Guidelines for the payment of expenses and provision of facilities for mayors and councillors in NSW (the Guidelines).

 

Council staff have realigned the existing Mayor and Councillors Payment of Expenses and Provision of Facilities Policy, as adopted on 27 October 2016, within the structure proposed by the Policy template provided by OLG. This new draft Policy has been attached to this report (Attachment 3) and is recommended for adoption by Council for public exhibition.

 

  

 

RECOMMENDATION:

1.       That in accordance with Section 253 of the Local Government Act 1993, Council adopt the amended Councillor Expenses and Facilities Policy as shown at Attachment 3 (E2018/47331) to be placed on public exhibition for a minimum period of 28 days.

 

2.       That in the event:

 

a)      that any submissions are received on the draft Policy, that those submissions be reported back to Council, prior to the adoption of the Policy. 

 

OR

 

b)      that no submissions are received on the draft Policy, that the Policy be adopted and incorporated into Council’s Policy Register.

 

Attachments:

 

1        Current Policy: Mayor and Councillors Payment of Expenses and Provision of Facilities, E2016/95684

2        OLG Circular 17-17 Councillor Expenses and Facilities Policy - Better Practice Template, E2017/97115

3        DRAFT Policy  Councillor Expenses and Facilities 2018, E2018/47331

4        Proposed amendments to Policy: Mayor and Councillor Payment of Expenses and Provision of Facilities 2018, E2017/90837

 

 


 

 

Report

 

Section 252 of the Local Government Act 1993 (LG Act) requires Council, within the first 12 months of each term of a Council, to adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor and the other councillors in relation to discharging the functions of civic office.

 

A Council must comply with this section when proposing to adopt a policy in accordance with Section 252(1), even if the council proposes to adopt a policy that is the same as its existing policy (s253(5)).

 

At its Ordinary Meeting on 27 October 2016, Council resolved to adopt an amended Mayor and Councillors Payment of Expenses and Provision of Facilities Policy (resolution 16-538) (Attachment 1), in accordance with Section 252(1).

 

On 27 June 2017, the Office of Local Government (OLG) distributed Circular 17-17 (Attachment 2), which provided a better practice Councillors Expenses and Facilities Policy template, developed for use by all councils. The Policy template has been provided as the suggested format for councils to be consistent with the Local Government Act 1993 (the Act) and Local Government (General) Regulation 2005 (the Regulation) and the OLG Guidelines for the payment of expenses and provision of facilities for mayors and councillors in NSW (the Guidelines). It is noted that if there are any inconsistencies, the Act, Regulations and Guidelines take precedence.

 

Following a workshop with Councillors seeking their input, Council staff have realigned the existing Mayor and Councillors Payment of Expenses and Provision of Facilities Policy, as adopted on 27 October 2016, within the general structure proposed by the policy template provided by OLG. The draft Policy has been attached to this report (Attachment 3).

 

In summary the policy makes provision for expenses and facilities such as:

·   Professional development, conferences and seminars

·   ICT equipment, consumables and support services

·   General travel expenses

·   Accommodation and meals

·   Telephone (fixed line/mobile)

·   Councillor Assistance Program

·   Carer expenses

·   Access to facilities in Councillor room

·   Council vehicle and fuel card (Mayor)

·   Support staff

 

It also outlines the process for approval, payment and reimbursements.

 

A list of amendments to the existing Policy is included at Attachment 4 for comparison with the new draft Policy.  Due to the large number of structural changes, it was not helpful to include track changes in the draft Policy as it hindered reading.

 

Given Council has already adopted a Policy subject of this report in accordance with Section 252 of the Local Government Act 1993, the revisions or amendments of the Policy as outlined in the report are proposed to be subject to public exhibition subject to Section 253 of the Local Government Act 1993 before formal adoption by Council.

 

Financial Implications

 

The 2018/2019 Draft Budget contains allocations to fund the requirements of this Policy.

 

In addition, the insurance coverage identified in the Policy for Councillors is covered by other budget allocations for Council’s insurances generally as the coverage for Councillors is included in Council’s general insurance policies.

 

Provision will also need to be made in future Council budgets beyond 2018/2019 to accommodate the requirements of this Policy.

 

Statutory and Policy Compliance Implications

 

The relevant sections of the Local Government Act 1993 are as follows:

 

252    Payment of expenses and provision of facilities

(1)     Within the first 12 months of each term of a council, the council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office.

(2)     The policy may provide for fees payable under this Division to be reduced by an amount representing the private benefit to the mayor or a councillor of a facility provided by the council to the mayor or councillor.

(3)     A council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the mayor, the deputy mayor (if there is one) or a councillor otherwise than in accordance with a policy under this section.

(4)     A council may from time to time amend a policy under this section.

(5)     A policy under this section must comply with the provisions of this Act, the regulations and any relevant guidelines issued under section 23A.

 

253    Requirements before policy concerning expenses and facilities can be adopted or amended

(1)     A council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submissions.

(2)     Before adopting or amending the policy, the council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment.

(3)     Despite subsections (1) and (2), a council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the council is of the opinion that the proposed amendment is not substantial.

(4)     (Repealed)

(5)     A council must comply with this section when proposing to adopt a policy in accordance with section 252 (1) even if the council proposes to adopt a policy that is the same as its existing policy.

 

254 Decision to be made in open meeting

The council or a council committee all the members of which are councillors must not close to the public that part of its meeting at which a policy for the payment of expenses or provision of facilities is adopted or amended, or at which any proposal concerning those matters is discussed or considered.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Temporary suspension of Railway Park artisan markets

Directorate:                 Corporate and Community Services

Report Author:           Paula Telford, Leasing and Licensing Coordinator

Claire McGarry, Place Manager - Byron Bay

File No:                        I2018/684

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

The Byron Bay Community Association Inc (‘BBCA’) operates community, beachside and artisan markets in Byron Bay.    

 

This report outlines implications from the BBCA request to vary its licence to operate artisan markets at Railway Park, alongside implications of Council’s scheduled upgrade to Railway Park. Recommendations are made in line with Council’s Policy 15/007 Sustainable Community Markets (attachment 2) which guides the operation of markets in the Shire.

 

The BBCA holds a current licence to operate artisan markets every Saturday between 3.00pm and 9.00pm at Railway Park Byron Bay. 

 

In April 2018 (see attachment 1) the BBCA sought a variation to the artisan market licence at Railway Park:

 

·        to allow for the markets to be suspended, without payment of rent, between May and September for each remaining year of the licence with an option to restart if desired; and

 

·        to allow for non-payment of rent if a market is cancelled between the months October to April for each remaining year of the licence; and

 

·        to provide for an expanded market licensed area following an upgrade to Railway Park.

 

The proposal should be viewed in the context of the Railway Park upgrade, should construction occur between October 2018 and March 2019, which will impact on the market’s operation.

 

 

  

 

RECOMMENDATION

1.       That Council suspend artisan markets at Railway Park, without payment of rent, during the Railway Park upgrade construction period.

 

2.       That Council consider an expanded market licence area following the upgrade to Railway Park to offset the loss of income to the BBCA during the construction period.

 

3.       That Council approve outside of the Railway Park upgrade schedule, the proposal by the Byron Bay Community Association Inc to:

 

a)      permit suspension of artisan markets at Railway Park, without payment of rent, during cooler months commencing from the first Saturday in May and completing on the last Saturday in September for each remaining year of the licence; and

 

b)      request a variation of the proposed 5 month suspension by the BBCA,  should the BBCA decide to re-start artisan markets at Railway Park before the last Saturday in September but after the first Saturday in May for each remaining year of the licence; and

 

c)      to permit non-payment of rent upon cancellation of an artisan market in Railway Park by the BBCA during the months October to April of each remaining year of the licence, where the cancellation is a result of works or an event outside the control of the BBCA

 

Attachments:

 

1        Correspondence concerning artisan market at Railway Park trading in winter months PDF, E2018/40586

2        Policy: Sustainable Community Markets (Adopted 17/09/15 Res 15-471 replaces Markets within Byron Shire 5.51) (Current_Policies), E2015/33306

 

 


 

Report

 

Request to vary a market licence:

 

The Byron Bay Community Association Inc (‘BBCA’) holds a current licence to operate artisan markets every Saturday between 3.00pm and 9.00pm at Railway Park Byron Bay.  

 

The market licence is for a term of five years and expires on 31 October 2021. The licence approves the BBCA to run 52 artisan markets per year at Railway Park in return for rent of $6,448 per annum.

 

In April 2018 the BBCA contacted Council seeking the following variations to the market licence:

 

i.    to allow for the Railway Park artisan markets to be suspended, without payment of rent, during cooler months commencing from the first Saturday in May and concluding on the last Saturday in September for each remaining year of the licence ; and

 

ii.    to allow for a variation of the proposed 5 month suspension by the BBCA,  should the BBCA decide to re-start artisan markets at Railway Park before the last Saturday in September and after the first Saturday in May for  each remaining year of the licence; and

 

iii.   to allow for non-payment of rent upon cancellation of an artisan market in Railway Park by the BBCA during the months October to April of each remaining year of the licence; and

 

iv.  to provide for an expanded market licensed area following an upgrade to Railway Park.

 

Allied to this issue is Council’s scheduled upgrade of Railway Park. The proposal should be considered in the context of this upgrade, with estimated construction or partial construction between October 2018 and March 2019, which would impact the ability of the markets to operate in this space. Staff have discussed with the BBCA the possibility of a temporary market relocation, but relocation is not considered a viable option due to the layout and operations of the market. If the market cannot be relocated, Council will need to suspend the market licence during the Railway Park construction period.

 

As such, in this instance both parties (Council and the BBCA) are proposing a variation to the market licence agreement.

 

Council’s Market Policy:

 

Policy 15/007 Sustainable Community Markets (‘the Policy’) guides the operation of markets in the Shire and sets the following objectives for markets in the Shire:

 

1.1.    To provide vibrant markets to the community and to make markets attractive for both the community and tourists.

 

1.2.    To incubate local small businesses and artisans by providing them an accessible avenue to sell their goods and/or services.

 

1.3.    To encourage production of local agriculture and to provide an accessible avenue for the sale and purchase of locally grown produce to promote local food security.

 

1.4.    To use the crown reserves in a way which supports local community, businesses and attracts tourism, and whose management and consumer access is both equitable and transparent.

1.5.    To clarify how approval to manage a market can be obtained, ensuring that market organisers are aware of Council requirements so as to assist and encourage the efficient organisation of markets whilst receiving requisite approvals in a timely and orderly manner.

 

1.6.    To ensure the proper and effective maintenance and enhancement of reserves.

 

1.7.    To support local charities and not for profit organisations.

 

1.8.    To provide Council with recurrent income from markets on Council land to support its Community Strategic Plan.

 

1.9.    To acknowledge the community service provided by Markets and to promote the social benefit to community members.

 

1.10.  To enhance consumer choice and fair prices and enable stallholders to make a reasonable living.

 

The Policy requires that a market licence is granted only after a competitive process and that the resulting licence is an agreement to operate a specific type of market at a stipulated location on a stipulated day in return for rent that is set by Council’s fees and charges. Any variation to this agreement must achieve Policy objectives as listed above.

 

Competitive process to grant market licences:

 

In June 2016 Council ran a public request for proposal to operate an artisan market at Railway Park between the hours of 8am to 11pm. The BBCA submitted a proposal to operate a weekly market, every Saturday between 3pm and 9pm. Based on the BBCA submission Council awarded the Railway Park artisan market licence to the BBCA.

 

Consideration of each proposed market licence variations:

 

The proposed variations have been considered in relation to the financial year in which they would be in place, and assessed accordingly.

Variation

Implications 2018-19 Financial Year

Implications 2019-2022 Financial Year

BBCA proposal to allow for the Railway Park artisan markets to be suspended, without payment of rent, during cooler months commencing from the first Saturday in May and concluding on the last Saturday in September for each remaining year of the licence.

 

No market licences provides for non-payment of rent in the case of cancellation of a market.

 

Generally the proposal would not achieve Policy Objective 1.8 – to provide Council with recurrent income from markets on Council land to support its Community Strategic Plan. Loss of income in 2018-19 is $126.00 per market.

 

A requirement to operate the markets through this period may impact both on the reputation of the Market and the support of the market by stallholders due to decreased trade during this period and the walk up nature of the market.

 

Loss of market income based on future year fees and charges.

BBCA proposal for the option to restart markets before the last Saturday in September but after the last Saturday in May for each remaining year of the licence.

The earlier restarting of markets is in line with Policy Objective 1.8 – to provide Council with recurrent income from markets on Council land to support its Community Strategic Plan.

 

As above

BBCA proposal to vary the market licence to allow for non-payment of rent where an artisan market at Railway Park is cancelled between the warmer months October to April in any year of the licence term.

 

Allied to the Council’s scheduled works in Railway Park between October 2018 to March 2019.

 

The scheduled Railway Park upgrade from October 2018 to March 2019 suspension of the artisan markets with non payment of rent is supported at a cost of $3,276.00.

 

 

Following the upgrade to Railway Park in 2019 the proposal for non-payment of rent following a cancellation of market by the BBCA would not achieve Policy Objective 1.8 – to provide Council with recurrent income from markets on Council land to support its Community Strategic Plan. Loss of income is $126.00 per market.

 

Loss of market income based on future year fees and charges

BBCA proposal that the market licence be varied to extend the licenced area for the artisan markets at Railway Park to coincide with the upgrade of Railway Park.

A licence variation to extend the licenced area for artisan markets at Railway Park should be considered by Council following the upgrade of Railway Park to make best use of available space being consistent with Policy Objectives 1.1, 1.2 and 1.3.

 

Additional income is based on future year fees and charges

 

The market licence currently requires the licensee to provide Council with its annual audited financial accounts that includes the number of market stalls per annum reconciled to the audited market income.

 

Financial Implications

 

Market rental income from the artisan markets at Railway Park is currently $6,448.00 per annum inclusive of GST. The rent is calculated by the formula set out in Council fees and charges for the 2017-2018 year and for future years.  Income derived from the rent is general income and used in support of implementation of Council’s Community Strategic Plan.  Market rent is increased annually as part of a review of Council’s fees and charges.

 

Suspension of markets during the scheduled Railway Park upgrade will reduce recurrent income by $3,276.00 inclusive of GST based on proposed 2018-19 fees and charges. 

 

The further proposal for non-payment of rent upon cancellation by the BBCA of an artisan market at Railway Park following the scheduled Railway Park upgrade would further reduce recurrent income available to Council to support implementation of its Community Strategic Plan. Based on proposed 2018-19 fees and charges lost income is $126.00 inclusive of GST per market cancelled.

 

The proposed variation to the market licence to increase the licenced area would have the effect of increasing rent payable by the BBCA.  Market rent is calculated by a formula set out in Council’s fees and charges and based on the number of stalls operating in the licenced area as provided by the BBCA annual audited financial accounts.

 

Statutory and Policy Compliance Implications

 

Local Government Act 1993 (NSW)

 

s47A Leases, Licences and other Estates in respect of Community Land – Terms of 5 Years Or Less.

(1)     This section applies to a lease, licence or other estate in respect of community land granted for a period that (including any period for which the lease, licence or other estate could be renewed by the exercise of an option) does not exceed 5 years, other than a lease, licence or other estate exempted by the regulations.

(2)     If a council proposes to grant a lease, licence or other estate to which this section applies:

(a)     the proposal must be notified and exhibited in the manner prescribed by section 47, and

(b)     the provisions of section 47 (3) and (4) apply to the proposal, and

(c)     on receipt by the council of a written request from the Minister, the proposal is to be referred to the Minister, who is to determine whether or not the provisions of section 47 (5)-(9) are to apply to the proposal.

(3)     If the Minister, under subsection (2) (c), determines that the provisions of section 47 (5)-(9) are to apply to the proposal:

(a)     the council, the Minister and the Director of Planning are to deal with the proposal in accordance with the provisions of section 47 (1)-(8), and

(b)     section 47 (9) has effect with respect to the Minister's consent.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           Mayor and Councillor Fees 2018/2019

Directorate:                 Corporate and Community Services

Report Author:           David Royston-Jennings, Corporate Governance Officer

File No:                        I2018/890

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

The Local Government Remuneration Tribunal has handed down its report and determinations on fees for Councillors and Mayors for the 2018/2019 Financial Year.  This report outlines the Local Government Remuneration Tribunal’s fee range and the proposed Mayor and Councillor fees for 2018/2019.

 

 

  

 

RECOMMENDATION:

1.       That Council fix the fee payable to each Councillor under Section 248 of the Local Government Act 1993 for the period 1 July 2018 to 30 June 2019 at $19,790.

 

2.       That Council fix the fee payable to the Mayor under section 249 of the Local Government Act 1993, for the period from 1 July 2018 to 30 June 2019 at $43,170.

 

3.       That Council in accordance with its current practice not determine a fee payable to the Deputy Mayor.

 

 

Attachments:

 

1        Local Government Remuneration Tribunal Annual Report and Determination 2018, E2018/40896

 

 


 

Report

 

Each year the Local Government Remuneration Tribunal must determine, in each of the categories determined under section 239, the maximum and minimum amounts of fees to be paid during the following year to Councillors and Mayors.

 

The Local Government Remuneration Tribunal has determined the maximum and minimum amounts of fees to be paid during the 2018/2019 financial year.  Byron Shire Council is categorised as a Regional Rural council and the appropriate fee range determined is as follows:

 

Councillor/Member

Annual Fee

Mayor/Chairperson

Additional Fee*

Category

Minimum

Maximum

Minimum

Maximum

Regional Rural

8,970

19,790

19,100

43,170

 

* This fee must be paid in addition to the fee paid to the Mayor/Chairperson as a Councillor/member (s249(2)).

 

Currently the annual fees payable to Councillors and the Mayor for the 2017/2018 financial year are fixed at $19,310 per annum for a Councillor with an additional fee of $42,120 for the Mayor.

The Local Government Remuneration Tribunal has reviewed the criteria that apply to the categories of Councils and the allocation of Councils into those categories. The Local Government Remuneration Tribunal found that there was not a strong case to change the criteria or the allocation of Councils into categories at this time.

 

The Local Government Remuneration Tribunal has determined that the minimum and maximum fees applicable to each category will be increased by 2.5 per cent which is consistent with the NSW State Government policy on wages.

 

A full copy of the Report and Determination of the Local Government Remuneration Tribunal is provided at Attachment 1 to this report and is also available at:

 

https://www.lgnsw.org.au/member-services/nsw-local-government-remuneration-tribunal

 

Financial Implications

 

Councillors and Mayoral fees presently paid

 

          $19,310 each x 9                                  =            $173,790

          Plus Mayor additional fee                     =            $  42,120

 

          Total Paid                                                           $215,910

 

Councillors and Mayoral fees 2018/2019 increased to maximum set by the Tribunal

 

          $19,790 each x 9                                  =            $178,110

          Plus Mayor additional fee                     =            $  43,170

 

          Total Paid                                                           $221,280

 

The Draft 2018/19 Budget will include a total allocation for Councillor Fees and the Mayoral Fee required to meet the maximum fees payable.

 

 

          Fee for Deputy Mayor

 

Section 249(5) of the Local Government Act states that:

 

“A council may pay the deputy Mayor (if there is one) a fee determined by the council for such time as the deputy Mayor acts in the office of the Mayor.  The amount of the fee so paid must be deducted from the Mayor’s annual fee.”

Council is not bound to set a fee for the Deputy Mayor, but if it so chooses must deduct that sum from the amount available under the Mayoral fee.

 

Council’s current practice is that an acting period for Deputy Mayor would apply only in instances where the Mayor has leave of absence endorsed by Council and any pro rata fees would be deducted from the Mayoral allowance where agreed on a case by case basis in accordance with Section 249 of the Local Government Act 1993.

 

Statutory and Policy Compliance Implications

 

Section 248 of the Local Government Act 1993 states:

 

1.       A council must pay each Councillor an annual fee.

2.       A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

3.       The annual fee so fixed must be the same for each Councillor.

4.       A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

 

Section 249 of the Local Government Act also states (in the case of the Mayor)

1.       A council must pay the Mayor an annual fee.

2.       The annual fee must be paid in addition to the fee paid to the Mayor as a Councillor.

3.       A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

4.       A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

5.       A council may pay the Deputy Mayor (if there is one) a fee determined by the council for such time as the deputy Mayor acts in the office of the Mayor.  The amount of the fee so paid must be deducted from the Mayor’s annual fee.

 

Section 250 of the Local Government Act states:

 

Fees payable under this Division by a council are payable monthly in arrears for each month (or part of a month) for which the councillor holds office.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Community Initiatives Program (Section 356) - 2017/18 funding round applications

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/944

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

Following the adoption of the new Community Initiatives Program (Section 356), a call for applications was advertised, with applications closing on 18 May 2018. This report provides the results of the funding round with a recommendation to fund three projects from the unallocated 2017/18 Section 356 funds.

 

  

 

RECOMMENDATION:

1.       That Council provide $5,000 from the unallocated Section 356 budget to each of the projects which met the assessment criteria of the Community Initiatives Program 2017/18 funding round and which are recommended for funding in Confidential Attachment 1 (#E2018/48170).

 

2.       That Council advertise the Section 356 Donations proposed to be made in part 1 if approved by Council.

 

3.       That the 2018/19 funding round of the Community Initiatives Program be advertised as soon as practicable following adoption of the 2018/2019 Budget.

 

4.       That Council note that unsuccessful applicants from this funding round will be provided detailed feedback and staff support to work on more complete applications that meet all criteria in future rounds.

 

5.       That Council staff will continue to work with community groups to support them in submitting high quality applications to future rounds of the program.

 

Attachments:

 

1        Confidential - Applications for Community Initiatives Program (Section 356) 2017-18 recommendations for funding, E2018/48170  

 

 


 

Report

 

Council reviewed, publicly exhibited and adopted the new Community Initiatives Program (Section 356) Policy and Program Guidelines at the 22 March 2018 Ordinary Meeting with the aim of  improving equity, transparency and providing a more strategic approach to community donations with strong community outcomes,

 

A call for applications was advertised during April 2018 with applications closing 18 May 2018. In addition, due to the changes in the Section 356 program, a workshop was held for community members on 2 May 2018 and approximately 35 community members attended.

 

Seven applications were received for the Community Initiatives Program 2017/18, each applying for $5,000 which is the maximum amount available to any one applicant. An internal assessment panel reviewed the applications against the assessment criteria and recommends to Council to fund three of the projects as outlined below.

 

Due to the new application process, the workshop was useful in providing information to community members about the program guidelines and how to write successful grant applications. Not all applicants attended the workshop or spoke to staff prior to submitting an application. As a result, some applications did not meet the criteria and/or did not clearly outline the benefits to the Community or Council of the proposed projects. Council staff will provide detailed feedback and work with applicants to submit a complete application in future rounds.

 

The Community Initiatives Program is an excellent pathway for community groups to develop skills in grant writing which may enable them to apply for state and federal government programs in future.

 

Projects recommended for funding

 

The attached confidential attachment recommends three projects for funding.

 

Financial Implications

 

Council’s budget allocation for Section 356 unallocated funds for 2017/18 is provided in the table below, which also shows the outcome if all three projects recommended for funding are funded.

 

Donations to Community Organisations, Other Groups and Persons

$36,200

Assistance for Festivals and Community Functions

$7,000

Donations to Community Groups – Reimbursement of Council Application Fees

$2,000

Sub-Total

$45,200

Resolution 17-381*

-$3,000

Project 1

-$5,000

Project 2

-$5,000

Project 3

-$5,000

TOTAL remaining unallocated amount for 2017/18

$27,200

 

*Resolution 17-381 in part states: “Allocate $3,000 of Council’s Community Development Program’s unallocated S356 donations in the 2017/18 budget to support international relations”.

 

Statutory and Policy Compliance Implications

 

Section 356 of the Local Government Act 1993

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Public Hearing into Byron Bay Police Actions - outcome

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/1034

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report has been prepared in accordance with Part 4 of Resolution 18-198, to present to Council the Report on the Public Hearing into Byron Bay Police Actions, prepared by the Community Youth Representatives attending the Police Hearing. 

 

A copy of this Report has been included at Attachment 1.

 

 

  

 

RECOMMENDATION:

That Council note the Public Hearing into Byron Bay Police Actions report.

 

 

Attachments:

 

1        Law Enforcement Conduct Commission Hearing - Nicqui Yazdi/James Wright - Attendance Report, E2018/45569

 

 


 

Report

 

At the 22 March 2018 Ordinary Meeting, an urgency motion was considered and Council resolved resolution 18-198 as follows:

 

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

 

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

 

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

 

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

 

All points of the resolution have now been actioned and this report provides to Council the report on the public hearing as per part 4 of the resolution.

 

Financial Implications

 

Nil for this report.

 

Statutory and Policy Compliance Implications

 

Council Resolution 18-198.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           LGNSW Board Vacancy - Vice President (Rural/Regional Councils)

Directorate:                 Corporate and Community Services

Report Author:           David Royston-Jennings, Corporate Governance Officer

File No:                        I2018/1039

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

As a member of LGNSW, Council have been invited to participate in an election to fill a casual vacancy in the office of Vice President (Rural/Regional Councils) on the Board of the Local Government and Shires Association of New South Wales (‘Board’).

 

Council is entitled to nominate three voting delegates for this election, as per the table included in Attachment 2 of this report.

 

 

  

 

RECOMMENDATION:

That Council nominate Cr _________, Cr _________ and Cr _________ as voting delegates in the election to fill the casual vacancy in the office of the Vice President (Rural/Regional Councils) on the Board of the Local Government and Shires Association of New South Wales.

 

Attachments:

 

1        Letter to General Managers_Nomination of voting delegates, E2018/45714

2        Annexure A_Nomination of voting delegates, E2018/45712

 

 


 

Report

 

As a member of LGNSW, Council have been invited to participate in an election to fill a casual vacancy in the office of Vice President (Rural/Regional Councils) on the Board of the Association (‘Board’). This invitation has been included as Attachment 1 to this report.

 

On 6 April 2018 the former Vice President (Rural/Regional Councils) resigned from the Board, which has resulted in the casual vacancy. The Association’s rules require the casual vacancy to be filled by secret postal ballot in accordance with the provisions appropriate to the election for the vacant office.

 

The Registered Organisations Commission (‘ROC’) has approved the election and has instructed the Australian Electoral Commission (‘AEC’) to make arrangements for the election.

 

Council is entitled to nominate three voting delegates for this election, as per the table included in Attachment 2 of this report.

 

Following a resolution of Council, the names and postal addresses of Council’s nominated voting delegate will be provided to LGNSW prior to the deadline stipulated in Attachment 1, being 12 noon (AEST) on Friday 6 July 2018, using the online nomination process provided by LGNSW. No changes to the names of voting delegates will be accepted after this time/date.

 

Following this, on Friday 13 July 2018 the AEC will cause an Election Notice inviting nominations for the office of Vice President (Rural/Regional councils) to be published in the Association’s official journal, the LGNSW Weekly, and sent to each member entitled to vote in the election, by post, on this date.

 

Further details about the election, including the date that nominations close and the date that the ballot opens/closes will be contained in the Election Notice.

 

The Vice President (Regional/Rural Councils) is required to attend Board meetings every two months in Sydney at LGNSW’s office and chair meetings in the event that the President and Vice President (Metropolitan councils) are unavailable. The successful nominee for the casual vacancy will undergo training provided by LGNSW and receive a sitting fee for attending Board meetings. LGNSW also have a Board Expenses Policy which applies to travel expenses incurred attending meetings.

 

Additional information can be sought from the following:

 

·   About members’ voting entitlements and nomination of voting delegates:

Contact Adam Dansie (Senior Manager – Industrial Relations) on (02) 9242 4140 or at adam.dansie@lgnsw.org.au

 

·   About all other matters relating to the election:

Contact Anthony Carey (AEC Returning Officer) on (02) 9375 6361 or at nswelections@aec.gov.au

 

Financial Implications

 

Nil.

 

Statutory and Policy Compliance Implications

 

Voting delegates must be a Councillor of a Council which is an Ordinary Member of the Association in the ‘Rural/Regional Councils’ category or member of the Board in the ‘Rural/Regional Councils’ category under the Association’s rules.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Investments May 2018

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/1041

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

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

 

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

 

  

 

RECOMMENDATION:

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

 

 

 

 


 

Report

 

In relation to the investment portfolio for the month of May 2018, Council has continued to maintain a diversified portfolio of investments.  At 31 May 2018, the average 90 day bank bill rate (BBSW) for the month of May was 1.96%.  Council’s performance to 31 May 2018 is 2.60%. Council’s performance is again higher than the benchmark.  This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits and purchasing floating rate notes with attractive interest rates.

 

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

 

Schedule of Investments held as at 31 May 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

08/12/17

2,000,000

ME Bank

P

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

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

06/02/18

1,000,000

Gateway Credit Union

P

NR

07/08/18

Y

TD

2.55%

1,000,000.00

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%

1,000,000.00

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)

P

NR

15/08/18

Y

TD

2.61%

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

01/03/18

1,000,000

Defence Bank

P

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

P

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

30/04/18

2,000,000

NAB

N

AA-

30/08/18

N

TD

2.64%

2,000,000.00

02/05/18

2,000,000

Police Credit Union Limited (SA)

N

NR

30/10/18

Y

TD

2.83%

2,000,000.00

02/05/18

1,000,000

Maitland Mutual Building Society

P

NR

29/10/18

Y

TD

2.83%

1,000,000.00

07/05/18

2,000,000

NAB

N

AA-

06/08/18

N

TD

2.64%

2,000,000.00

08/05/18

2,000,000

ME Bank

N

BBB

07/08/18

Y

TD

2.60%

2,000,000.00

09/05/18

1,000,000

Coastline Credit Union

P

NR

07/08/18

U

TD

2.80%

1,000,000.00

15/05/18

1,000,000

Maitland Mutual Building Society

N

NR

15/08/18

Y

TD

2.85%

1,000,000.00

15/05/18

1,000,000

Maitland Mutual Building Society

N

NR

15/10/18

Y

TD

2.85%

1,000,000.00

17/05/18

1,000,000

Hunter United Employees Credit Union

N

NR

17/09/18

U

TD

2.80%

1,000,000.00

23/05/18

1,000,000

The Capricornian Credit Union

N

NR

23/11/18

U

TD

2.85%

1,000,000.00

24/05/18

1,000,000

ME Bank

N

BBB

21/09/18

Y

TD

2.60%

1,000,000.00

28/05/18

1,000,000

B & E Ltd (Bank of Us)

P

NR

28/11/18

U

TD

2.85%

1,000,000.00

28/05/18

1,000,000

ME Bank

N

BBB

27/08/18

Y

TD

2.60%

1,000,000.00

30/05/18

1,000,000

Maitland Mutual Building Society

N

NR

20/08/18

Y

TD

2.80%

1,000,000.00

30/05/18

1,000,000

Maitland Mutual Building Society

N

NR

11/09/18

Y

TD

2.80%

1,000,000.00

30/05/18

1,000,000

AMP

N

A

25/02/19

N

TD

2.80%

1,000,000.00

31/05/18

1,000,000

Maitland Mutual Building Society

N

NR

20/08/18

Y

TD

2.80%

1,000,000.00

N/A

575,625

CBA Business Online Saver

N

A

N/A

N

CALL

1.40%

575,625.12

 

12/01/18

1,007,330

NSW Treasury Corp

N

AAA

N/A

Y

CALL

1.60%

1,007,330.27

Total

75,982,955                                                                                                                                                                             

 

 

 

 

 

AVG

2.60%

75,997,698.45

 

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

 

Dissection of Council Investment Portfolio as at 31 May 2018

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

71,000,000.00

Term Deposits

71,000,000.00

0.00

2,400,000.00

Floating Rate Note

2,403,642.89

3,642.89

575,625.12

Business On-Line Saver (At Call)

575,625.12

0.00

1,007,330.27

NSW Treasury Corp (T Corp)

1,007,330.27

0.00

1,000,000.00

Bonds

1,011,100.17

11,100.17

75,982,955.39

 

75,997,698.45

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 May 2018 on a current market value basis. 

 

Movement in Investment Portfolio – May 2018

 

Item

Current Market  Value (at end of month) $

Opening Balance at 1 May 2018

75,995,029.59

Add: New Investments Purchased

19,000,000.00

Add: Call Account Additions

500,000.00

Add: Interest from Call Account

683.63

Less: Investments Matured

19,500,000.00

Add: T Corp Additions

0.00

Add: Interest from T Corp

1,985.23

Less: Call Account Redemption

0.00

Less: Fair Value Movement for period

0.00

 

Closing Balance at 31 May 2018

75,997,698.45

 

Investments Maturities and Returns – May 2018

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

2,000,000

Police Credit Union

TD

02/05/18

181

2.73%

27,075.62

1,000,000

Maitland Mutual Building Society

TD

02/05/18

180

2.55%

12,575.34

2,000,000

NAB

TD

07/05/18

91

2.47%

12,316.17

2,000,000

ME Bank

TD

08/05/18

90

2.45%

12,082.19

1,000,000

Gateway Credit Union

TD

11/05/18

122

2.50%

8,356.16

2,000,000

Bank West

TD

15/05/18

98

2.45%

13,156.16

1,000,000

Hunter United Employees Credit Union

TD

17/05/18

90

2.45%

6,041.10

1,000,000

Police Credit Union

TD

18/05/18

182

2.75%

13,712.33

1,000,000

The Capricornian

TD

23/05/18

181

2.55%

12,645.21

1,000,000

ME Bank

TD

24/05/18

181

2.55%

12,645.21

1,000,000

B & E Ltd (Bank of Us)

TD

28/05/18

91

2.48%

6,108.22

1,000,000

ME Bank

TD

29/05/18

91

2.38%

5,933.70

1,500,000

Defence Bank

TD

29/05/18

90

2.40%

8,876.71

1,000,000

ME Bank

TD

29/05/18

90

2.35%

5,794.52

1,000,000

Bananacoast Credit Union

TD

29/05/18

182

2.65%

13,213.70

19,500,000

 

 

 

 

 

170,532.34

         

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

 

Dissection of Council Cash Position as at 31 May 2018

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

71,000,000.00

71,000,000.00

0.00

Floating Rate Note

2,400,000.00

2,403,642.89

3,642.89

Business On-Line Saver (At Call)

575,625.12

575,625.12

0.00

NSW Treasury Corp (T Corp)

1,007,330.27

1,007,330.27

0.00

Bonds

1,000,000.00

1,011,100.17

11,100.17

Total Investment Portfolio

75,982,955.39

75,997,698.45

14,743.06

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

4,200,004.04

4,200,004.04

  0.00

Total Cash at Bank

4,200,004.04

4,200,004.04

  0.00

 

 

 

 

Total Cash Position

80,182,959.43

80,197,702.49

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 - Sustainable Environment and Economy                                   13.9

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.9           CZMP for the Eastern Precincts of the Byron Bay Embayment (Cape Byron to Main Beach) - Engagement and Public Exhibition Outcome

Directorate:                 Sustainable Environment and Economy

Report Author:           Chloe Dowsett, Coastal and Biodiversity Coordinatior  

File No:                        I2018/632

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

At the 30 October 2017 meeting Council resolved (Res 17-521) to develop a newly formed draft Coastal Zone Management Plan (CZMP) for the Eastern Precincts of the Byron Bay Embayment (Cape Byron to Main Beach). The draft CZMP has been developed in close consultation with public agencies and is in the final stages prior to submission to the Minister.  At the 19 April 2018 meeting Council resolved (Res 18-209) to publicly exhibit the draft CZMP and the accompanying Emergency Action Sub Plan (EASP) for a period of 4 weeks.

 

This report provides an outline of the consultation and engagement activities completed during the development of the draft CZMP and EASP and the submissions received during public exhibition.

 

  

 

RECOMMENDATION:

1.       That, subject to the receipt and consideration of the legal advice referred to in the body of this report, Council adopts the draft CZMP for the Eastern Precincts of the Byron Bay Embayment (Cape Byron to Main Beach) as amended in accordance with the recommendations outlined in Attachment 2 (#E2018/45410) of this report.

 

2.       That the CZMP as adopted be submitted to the Minister for certification.

 

3.       That Council note the timeframes for delivery of the draft CZMP.

 

Attachments:

 

1        Community Engagement Plan - draft CZMP for the Eastern Precincts of the BBE, E2018/46695

2        Response and/or Recommendations to Submissions Received  - draft CZMP for the Eastern Precincts of the BBE, E2018/46725

3        Combined Agency Submissions - draft CZMP for the Eastern Precincts of the BBE - 28 May 2018, E2018/45201

4        Combined Community Submissions - draft CZMP for the Eastern Precincts of the BBE, E2018/46385

 

 


 

Report

 

At the 30 October 2017 meeting Council resolved (Res 17-521) to develop a newly formed draft Coastal Zone Management Plan (CZMP) for the Eastern Precincts of the Byron Bay Embayment (Cape Byron to Main Beach). The draft CZMP has been developed in close consultation with public agencies and is in the final stages prior to submission to the Minister. At the 19 April 2018 meeting Council resolved (Res 18-209) to publicly exhibit the draft CZMP and the accompanying Emergency Action Sub Plan (EASP) for a period of 4 weeks.

 

This report provides an outline of the consultation and engagement activities completed during the development of the draft CZMP and EASP and the submissions received during public exhibition.

 

Community engagement

Extensive consultation was undertaken in 2016 during preparation of the preceding draft CZMP for the Byron Bay Embayment (Cape Byron to South Tyagarah), with further consultation undertaken in 2018 on the newly formed plan for the Eastern Precincts of the BBE (Cape Byron to Main Beach).

 

A Community Engagement Plan guided the engagement activities in 2018 and comprised activities including website updates, media releases, facebook alerts, newspaper advertisements and workshops. A workshop was undertaken with public agencies on 24 January 2018 where feedback and comments were sought on the plan, along with Councillor workshops and updates throughout the development of the CZMP. Attachment 1 provides a description of the activities delivered during the development of the plan.  

 

Exhibition of draft CZMP

The draft CZMP was publicly exhibited under section 55E of the Coastal Protection Act 1979 from 26 April 2018 to 25 May 2018 for a period of 4 weeks.  The statutory advertisement for public exhibition was placed in The Echo on 25 April and 9 May 2018 and the Byron Shire News on 26 April and 10 May 2018.

 

Feedback from public authorities

Section 55C(2)(b) of the Coastal Protection Act 1979 states:

 

(2)     A coastal zone management plan must not include the following:

(b)     proposed actions or activities to be carried out by any public authority or relating to any land or other assets owner or managed by a public authority , unless the public authority has agreed to the inclusion of those proposed actions or activities in the plan.

 

Section 55G(2) of the Coastal Protection Act 1979 states:

 

Before submitting the draft coastal zone management plan to the Minister under subsection (1), the council must consult with other public authorities in the manner specified in the Minister’s guidelines.

 

During the development of the CZMP staff liaised with representatives of the Department of Primary Industries – Fisheries (Marine Parks), Department of Industry – Crown Lands & Water, Office of the Environment and Heritage, NSW Crown Holiday Parks Trust (Reflections Holiday Parks),  Arakwal Corporation, NSW National Parks and Wildlife Service, NSW State Emergency Service (SES), and the NSW Police. During the public exhibition period, staff contacted relevant agencies, seeking their feedback and advice as per section 55C(2)(b).  At the time of preparing this report, the following NSW agency responses had not yet been received:

 

·        Department of Primary Industries – Fisheries (Marine Parks)

·        NSW Police

 

If letters from these agencies are received over the coming days, they will be provided to Council as late attachments to this report.  Where necessary, staff will also provide recommendations to Council concerning further amendments to the draft CZMP if required in response to these submissions. Copies of all submissions received so far from public authorities are provided in Attachment 3.

 

Feedback from public authorities was general in nature and primarily consisted of minor editorial comments (word and figure amendments), and further articulation, description and/or clarification of management actions, agency roles and responsibilities.

 

One agency has suggested a policy change, however this is not supported by staff.  The suggested policy change raised by the NSW Crown Holiday Parks Trust (Reflections Holiday) relates to the Trust seeking to recommend that it be clarified in the plan, that Crown Lands may also apply small scale armouring works (in line with those prescribed in the plan for protection of significant cultural assets, i.e. middens) for the purpose of stabilising the dune toe in areas alongside, east and west of the Aboriginal midden/s, the caravan park and remaining large trees in the dunes. In essence the CZMP does not support or advocate any new ‘hard’ coastal protection works (seawalls) apart from the option for small scale armouring works (such as a cobble berm) for protection of significant cultural assets. 

 

Attachment 2 lists all comments received from public agencies and staff’s response and recommendation.  It is recommended that Council amend the draft CZMP in accordance with the recommended changes in Attachment 2.

 

Feedback from public submissions

Five submissions were received from community members/interest groups, Attachment 4. Public submissions have been considered in accordance with section 55F of the Coastal Protection Act 1979.

 

Attachment 2 lists all public comments received and staff response and recommendation. It is recommended that Council amend the draft CZMP in accordance with the recommended changes in Attachment 2.  The public submission comments that are more significant in nature are drawn out in Table 1 below.

 

 Table 1 – Significant comments raised in public submissions

Community Member/Group

Comment

Response/Recommendation

Wategos Beach Protection Association

Intermittent erosion of Wategos Beach is not considered in the plan.

 

Recommendation:

Amend draft CZMP to further acknowledge the intermittent erosion of Wategos Beach depending on the volume of sand within the bay.

Byron Preservation Association

Council should be making a plan for the whole of the Byron Bay Embayment.

 

 

Given the issues raised, Council’s legal services team is obtaining further legal advice. The advice will be privileged and will be provided to Councillors on a confidential basis as soon as possible prior to the meeting.

Byron Preservation Association

The Jonson Street Protection Works will be enlarged with the addition of many tonnes of rock onto the beach. 

 

As above.

Byron Preservation Association

Council should return to the previous plan for the whole Byron Bay Embayment and achieve compliance with the Minister Direction.

As above.

Byron Preservation Association

We urge Council to pursue an equitable and legal solution for the whole of the embayment, residents are willing to work with Councillors on such a solution.

As above.

Byron Preservation Association

This part of the coastline has already seen an extended period of litigation. There is nothing objectionable about residents litigating these matters.

As above.

Positive Change for Marine Life

Concern regarding the impact of dune reformation/ beach scraping on flora and fauna communities. Mitigation measures to be implemented.

Noted. No change.

 

Any proposed works for beach scraping would require the appropriate approvals and conditions/measures to reduce any impact on flora and fauna communities.

Community Member #1

Whole of Catchment goals and targets should be referenced with more reference to coastal and marine biodiversity issues included.

Noted. No change.

 

The CZMP addresses issues within the coastal zone, to approx., 1km inland, hence, a Whole of Catchment approach has not been goals and targets are not addressed within this plan.

Coastal and marine biodiversity issues and goals are included to a level that does not overlap or replicate Marine Park management plans, such as specific action plans for large mega fauna.

Community Member #2

The plan could consider minor changes including removal of the three spur groynes, but the main thrust of the plan should be to relinquish this artificial structure, using the “planned retreat” approach.

Noted. No change.

 

Refer CZMP Vision (Section 1.4.1):

2) To retain the Jonson Street Protection Works for the future security of the Byron Bay Township, critical public infrastructure and assets, whilst seeking to modify the design of the structure to mitigate coastal hazard risks, improve public safe and amenity, and remove spur groynes.

 

Council has committed recently and over the years (Res 14-66; 16-169; 17-641; 18-104) to protecting the coastal protection works at the Town Centre with the first step in delivery of the project, to refine a concept design in close consultation with the community.

 

The preferred concept design will be based on considering various alternatives and options for the Main Beach foreshore precinct.

 

 

Project delivery

At the 19 April 2018 meeting Council considered the revised timeframes for the delivery of the draft CZMP. These timeframes are still considered appropriate with the next steps in delivery outlined below.

 

1.       Review submission and feedback; report to Council at 21 June 2018 meeting; finalise draft CZMP – Jun 2018

2.       Submit to the Minster for certification – Jul 2018 (pending)

3.       Review and certification of the CZMP by the Minster – Jul/Aug 2018 (pending)

4.       Minister certifies the CZMP - Sep 2018 (pending)

5.       Report to Council to endorse the CZMP to be published in the gazette – Oct 2018 (pending)

 

Financial Implications

 

The financial implications associated with the draft CZMP are detailed in the Implementation Schedule in Section 2.5 of the plan. The main management action at the forefront of this plan is the upgrade of the Jonson Street Protection Works at Main Beach. Considerable funding will be required for implementation of this action.

 

Council has resolved to consider $150,000 in next financial year’s budget for the Implementation of the pre-construction sub-tasks of this action (design, modelling and approvals). Staff will seek appropriate funding sources from relevant grant programs as well.

 

Statutory and Policy Compliance Implications

 

The Coastal Protection Act 1979 was repealed on 3 April 2018, with enactment of the Coastal Management Act 2018. Should the draft CZMP be certified by the Minister it will be required to be transferred over to a Coastal Management Program (CMP) under the new coastal legislation by December 2021. To meet this timeframe Council will need to commence preparation of a new CMP in 2019/20 financial year. A budget bid will be submitted at this time.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.10

 

 

Report No. 13.10         PLANNING - Draft Employment Lands Strategy for Public Exhibition

Directorate:                 Sustainable Environment and Economy

Report Author:           Natalie Hancock, Senior Planner

File No:                        I2018/920

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

 

Summary:

 

Council resolved (Resolution 13-127) to prepare an Employment Land Strategy (Strategy) to provide a strategic framework to guide the future zoning and use of employment land in Byron Shire. The Strategy will inform Council’s decision making toward delivering an adequate and appropriate supply of employment lands to 2036. For purposes of the Strategy, ‘employment land’ is land that is predominantly used for retail, commercial or industrial activities resulting in employment.  Although the Strategy does not directly focus on agricultural land, it nevertheless recognises agriculture to be a valued sector and a key driver of change in the Byron Shire economy and employment land demands.

 

This report presents a draft Employment Land Strategy and Employment Land Strategy Background Report for Council’s consideration for public exhibition. (Attachments 1 & 2)

 

Key highlights of the Strategy include:

 

·        Byron Shire has experienced relatively strong jobs growth in recent years, with some 14,000 jobs as at 2015/16

·        Byron Shire’s economy is growing at a marginally faster rate that the rest of Regional NSW and the Northern Rivers Region

·        Byron Shire businesses are quick to respond to consumer trends in food production, retailing, tourism and workspace /place opportunities

·        some 8 -10  ha of new release land is needed to accommodate future industrial growth ¾ with possible sites at Manns Road, Mullumbimby, southern Gulgan Road/Pacific Highway interchange and Bangalow East

·        the majority of  Business Centres will experience an undersupply of floor space over the next 20 years, with the following options suggested to address this shortfall:

-        increasing in floor space ratios (FSR)

-        introducing an active frontage overlay as an LEP Map to secure ground floor commercial uses.

-        expanding business zoned land in the town centres of Byron Bay, Mullumbimby and Bangalow

·        for Brunswick Heads, investigating a possible rationalisation of the use and allocation of B2 Local Centre zoned land and planning control incentives for live-work arrangements in the B4 Mixed Use Zone around Tweed Street.

 

Preparation of the Strategy has been informed by technical research, a Business Survey and consultation with State Government agencies and initial discussions with landowners of possible new employment precincts.

 

A Community Consultation Engagement Plan was presented to the Communications Panel on 8 May 2018 and noted for exhibition. 

 

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 place the draft Employment Land Strategy, Attachment 1 (#E2018/47136) on public exhibition for a period of 6 weeks and that the exhibition of the Strategy is accompanied by the Employment Land Strategy Background Report, Attachment 2 (#E2018/47137).

 

Attachments:

 

1        Draft Byron Employment Land Strategy 1 June 2018, E2018/47136

2        Byron Employment Land Strategy Background Report 1 June 2018, E2018/47137

3        Attachment to Council report State Government agency advice on possible new Employment Lands 2018, E2018/44574

4        Employment Lands Strategy Engagement Plan 2018, E2018/35765

5        Disclosure of Pecuninary Interest Annexure, E2012/2815

 

 

 


 

Report

 

Background

 

Council resolved (Res13-127) to prepare an Employment Land Strategy (Strategy) to provide a strategic framework to guide the future zoning and use of employment land in Byron Shire. The Strategy will inform Council’s decision making toward delivering an adequate and appropriate supply of employment lands to 2036. For purposes of the Strategy, ‘employment land’ is land that is predominantly used for retail, commercial or industrial activities resulting in employment.  Although the Strategy does not directly focus on agricultural land, it nevertheless recognises agriculture to be a valued sector and a key driver of change in the Byron Shire economy and employment land demands.

 

A draft Employment Land Strategy and accompanying Employment Land Strategy Background Report is presented for Council’s consideration for public exhibition, Attachments 1 & 2.

 

The Strategy focuses on existing and future zoned land for industrial, retail and commercial uses under Byron Local Environmental Plan 2014, as follows:

 

 Business centres

Employment precincts

B1 Neighbourhood Centre

IN1 General Industrial

B2 Local Centre

IN2 Light Industrial

B4 Mixed Use

B7 Business Park

RU5 Village (only Billinudgel)

 

 

Process

 

The Figure 1 below provides an overview of the Strategy preparation process:

 

 

 

Figure 1: Process

 

The strategic directions and actions in the Strategy have been informed by:

 

·        analysis of population and employment profiles within the Byron Shire using ABS Census data and Bureau of Transport data

·        analysis of macro and micro economic trends including emerging industries that may influence the future of employment lands in Byron Shire

·        audit of existing land uses across employment areas to identify the strengths and weaknesses of each area

·        examination of trends in retail demand and implications for future retail floor space demand

·        projection of future employment growth to predict future floor space demand

·        assessment of the future capacity of employment lands to accommodate projected growth

·        targeted consultation with:

-        business community via a Byron Shire Business Survey conducted in late 2017

-        State Government agency employment precinct bus trip and workshop with the Office of Environment and Heritage, Department Transport - Roads and Maritime Services, Department of Primary Industries and Department of Planning and Environment - the later two providing  a written response, refer to Attachment 3

-        early notification and/or initial discussions with landowners of possible new employment precincts. All landowners were sent information and an invitation to attend a meeting on 16 May 2018. Those landowners in attendance indicated their support in principal. Subsequent to this meeting Council has received formal advice from some land owners of their support to be included in the Strategy

 

Key Findings

 

People and Jobs

 

·        Byron Shire had some 14,000 jobs as at 2015/16 representing a 23% increase in employment generation from 2001/2.

·        Byron Shire’s economy is growing at a marginally faster rate that the rest of Regional NSW and the Northern Rivers Region.

·        Byron Shire business are quick to respond to consumer trends in food production, retailing, tourism and workspace /place opportunities such as shared workspace and work/live arrangements.

 

Business Centres overview

 

Business Centre

Key Messages

All centres

Introduce an ‘active frontage overlay’ map in LEP 2014 to secure ground floor commercial uses.

Bangalow Centre

The current undersupply of floor space is forecast to increase and possible options to accommodate future demand include:

·    possible expansion of the centre eastward along Byron Street

·    potential for a larger supermarket than what is currently provided

Suffolk Park Centre

Slight current undersupply, but not significant. An option to accommodate future demand could involve investigating an increase in FSR, from the current 0.5:1 to around 1:1.

Byron Bay Trade Catchment made up of:

·    Byron Bay Centre

·    Sunrise Boulevard Centre

 

(Treated as a single trade catchment in the Strategy due over lapping trade areas.)

 

 

The current oversupply is forecast to reverse to an ‘undersupply’ around 2026 – primarily in the Byron Centre. The strategy notes that there is capacity within the current zoned land to potentially meet this need, but given the propensity to develop tourist accommodation in the town centre it recommends introducing an ‘active frontage overlay’ map in LEP 2014 to secure ground floor commercial uses. Other options to accommodate future demand:

·    investigating increasing FSRs

·    two possible areas for expansion:

-    North of Shirley Street and to the west of Jonson Street

-    east of Middleton Street and south of Lawson Street).

Northern Villages made up of:

·    Brunswick Heads Centre

·    Bayside Brunswick Heads Centre

·    Ocean Shores Centre

·    Billinudgel Village Centre

 

(Treated as a single trade catchment in the Strategy due to over lapping trade areas.)

Current and anticipated oversupply of floorspace within the main trade area and limited need for additional land.

 

In Brunswick Heads to help provide a more identifiable core consideration could be given to:

·    possible rationalisation of the centre (B2 Local Centre Zone)

·    investigating planning control incentives to facilitate live-work opportunities in the ‘Tweed Street’ (B4 Mixed Use Zone).

 

Mullumbimby Centre

Forecast to have a slight undersupply, options to accommodate future demand include:

·    investigating increasing FSRs

·    possible area for expansion south of Tincogan Street using a B2 Local Centre Zone or B4 Mixed Use Zone

·    potential for additional supermarket expansion within the town centre area.

 

Employment Precincts overview

 

It is prudent to provide for an additional supply of land (or contingency) above that projected to ensure greater choice and price competition. Without some level of vacancies upward pressure on land values or rents could undermine further economic growth and investment. A healthy additional supply of land (or contingency level) is considered to range between 20% and 40% above projected demand.

 

Byron Shire currently provides a total of around 64 hectares of land within its employment (industrial) precincts. Of this, around 24.4 hectares is undeveloped and could accommodate the majority of the projected demand for the next 15 years. However, a proportion of this undeveloped land may be unsuitable for development or not on the market for a variety of reasons, including environmental or other development constraints.

 

Analysis to determine the amount of suitable developable land within this undeveloped land indicates that amount of additional vacant zoned land would be in the order of 12 ha in the following locations:

 

 

Vacant sites with capacity to accommodate future industrial space Industrial precinct

Lots

Land area (ha)

Byron Arts and Industry Estate

8

2.9

Manse Road Industrial area

10

1.8

Bangalow Industrial area

2

0.2

Billinudgel Industrial area

5

0.5

West Byron

1

7.5

Total

22

11.9

 

 

The Strategy recommends that in addition to the above vacant zoned land, around 8-10 hectares of additional new industrial land should be provided. Ultimately the amount of new land required will be dependant on employment growth rates and floor space ratios density controls applied to new land.  The Strategy identifies 3 possible locations for new industrial land, being: ‘New Employment Precincts’: east and west of the southern Gulgan Road/Pacific Highway interchange; and Bangalow East; as well as a possible expansion area west side of Manns Road, Mullumbimby. These are shown on Figure 2 below.

 

 

Figure 2: Employment Precinct and Possible Expansion Areas

 

All of the sites shown on Figure 2 will require a more detailed investigation to determine suitability and potential developable area.

 

Public Exhibition

 

An Community Consultation Engagement Plan for exhibition was presented to the Communications Plan on 8 May meeting and noted for exhibition, Attachment 4.  The Plan outlines a considered engagement approach aimed at providing genuine and meaningful opportunities for stakeholder input. The key messages for the Plan are:

·        Planning for employment lands is an important part of managing the Shire’s future growth.

·        Council is keen to hear your thoughts about the Strategy and where our priorities should sit.

·        Feedback from this round of engagement will result in an updated draft Strategy being reported to Council for adoption later this year. 

 

Subject to Council’s adoption of the draft Strategy for public exhibition, there may be subsequent refinements to the Strategy’s language and format to improve legibility prior to being exhibited. Such changes would not affect the draft Strategy policy position or actions as adopted by Council.

Financial Implications

The costs of preparing the Strategy and proposed public exhibition can be met within the current 2017-18 budget.  The timeframe for this project will extend beyond financial 2017-18 financial year and hence its successful completion will require additional budget allocation in the 2018/19 financial year.  A $15,000 budget bid has been included in the 2018/19 Council Budget.

Statutory and Policy Compliance Implications

 

The Employment Land Strategy has been informed by the relevant state, regional and/or local planning framework and best practice planning principles.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Report No. 13.11         PLANNING - 26.2016.4.1 - Rural Function Centres - Results of Community Engagement

Directorate:                 Sustainable Environment and Economy

Report Author:           Rob Van Iersel, Major Projects Planner

File No:                        I2018/798

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

 

Summary:

 

At the meeting of 23 November 2017, Council resolved:

 

(17-594):

That Council, for the purposes of community consultation:

1.    Prepare a draft Planning Proposal to amend Byron Local Environmental Plan 2014 to insert a clause permitting function centres with consent in zones RU1, RU2 and R5 subject to a range of controls which will manage impacts on existing residents.

2.    Conduct information sessions in all rural communities where the proposal may have affect.

3.    Issue a media release and Council website post at least two weeks prior to the first information session to advise the community of the planning proposal with notice of all information sessions.

4.    Following completion of the information sessions and other community consultation, a report be received by Council with a review of the community meetings and consultation.

 

This report provides information in response to this resolution, including a summary and assessment of the community information sessions and online platform feedback.

 

The aim of the community engagement was to obtain input from the community as to how Council should manage the issue of rural function centres, particularly relating to wedding venues.

 

Four meetings were held throughout the Shire.  A “Your Say” page was live for one month, containing background information, a community survey and a forum for comments.

 

While the on-line survey included a question about whether functions centres should be permissible at all in rural areas, the majority of the survey was deliberately aimed at getting feedback about how permissibility could be best managed (i.e. to assist in drafting appropriate and effective controls).

 

This was designed on the basis that the wedding industry is very active and is here to stay – previous compliance / enforcement actions have been effective in some limited cases, but a significant number of unauthorised venues and activities remain.

 

Resolution 17-594 recognised this and provided a direction to proceed to amend the LEP to permit and control rural function centres.

 

171 individual survey responses were received.  In addition, approximately 80 people attended the community information sessions and approximately 20 individual submissions were received. A summary of the responses is included as Attachment 1.

 

The community is divided about whether to permit function centres in the rural zones.  In response to that survey question, 63% of respondents said function centres should be permissible in rural zones, with 37% saying they should remain prohibited. 

 

The concerns expressed as reasons to retain the current prohibition included:

·    the loss of productive farmland and impact on farming;

·    erosion of the rural character and amenity, particularly by disturbance to residents;

·    the commercialisation of rural land; and

·    a lack of trust in the ability for Council to monitor and police compliance with approval conditions.

 

There was general agreement, at least among those who accepted the premise of permitting and controlling rural function centres, that the controls should include provisions that define the suitability of sites as well as controls relating to the management of events.

 

There was widespread agreement that management of noise and traffic was the key to limiting the disturbance to neighbours.

 

There was an acknowledgement of the positive benefits of the wedding industry, in terms of employment and expenditure, and recognition that, on appropriate sites, it is possible for events to be managed to minimise or avoid disturbance to neighbours.

 

Rural function centres also need to be considered in the context of Council’s Rural Land Use Strategy, which establishes a framework that values farming, biodiversity and rural character/ amenity.

 

Based on the results of the community engagement and the framework within the Byron Rural Land Use Strategy, it is recommended that Council proceed with a Planning Proposal to amend the Byron LEP to permit function centres on land zoned RU2 and insert an additional local clause that contains controls to address site suitability and event management.  A draft Planning Proposal is included as Attachment 2.

 

It is recommended that function centres not be permitted within the RU1 Primary Production Zone, to reinforce the commitment of Council, through the adopted Rural Land Use Strategy, to protect, facilitate and enhance farming as a key component of our economy and our community.

 

It is also recommended that function centres not be permitted within the R5 large Lot Residential Zone, recognising that lots are generally smaller than 1ha.  In this zone, adequate separation is unlikely to be available between event locations and neighbouring dwellings.

 

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

That Council:

 

1.       Forward the Planning Proposal at Attachment 2 (#E2018/46690) to the NSW Department of Planning and Environment for a Gateway determination, to amend Byron Local Environmental Plan 2014 to permit function centres in the RU2 Rural Landscape Zone with development consent and subject to appropriate controls relating to site suitability and management.

 

2.       In keeping with the commitment to value, protect and enhance farming in the Shire, not proceed with allowing function centres in the RU1 Primary Produce Zone.

 

4.       Agree that staff can proceed to public exhibition of the Planning Proposal and government agency consultation based on the Gateway determination issued by the NSW Department of Planning and Environment, and report back to Council as part of post-exhibition reporting.

 

5.       Investigate the possibility of implementing a registration system for approved rural function centres, and report back to Council as part of the post-exhibition reporting.

 

Attachments:

 

1        Submissions Overview - survey review, online ideas, online forum, email and letters PDF, rEFER TO separate ATTACHMENTS document

2        26.2016.4.1 Planning Proposal v.1, E2018/46690

3        Form of Special Disclosure of Pecuniary Interest, E2012/2815

 

 


 

Report

 

Background

The report to Council’s November 2017 meeting highlighted that Byron Shire is an extremely popular wedding destination.  The wedding industry in the Shire is large; estimated to support 392 direct full-time and 314 indirect employees.

 

Under the current LEP, a commercial wedding/ event site is defined as a function centre.  Function centres are prohibited within the RU1, RU2 and R5 zones, but permissible with consent in the RU5 Village zone. 

 

Council is aware of a number of unauthorised venues that are or have previously been operating in the rural area.  Fines and notices have been issued in response to complaints in relation to a number of these venues and some have ceased operation in response to that enforcement action.

 

Rural Land Use Strategy

Consideration of functions centres in rural parts of the Shire should be undertaken within the context of the Byron Shire Rural Land Use Strategy, which sets out a 20-year strategic framework to guide future land zoning and use, protection and/ or development of:

Our Rural Environment

Our Rural Economy

Our Rural Community

Our Rural Infrastructure

 

The primary focus of the Strategy in relation to Our Rural Economy is the protection, promotion and facilitation of farming.  The Strategy also recognises, however, that rural tourism activities are an important part of the rural economy of the Shire.

 

In this regard, some of the relevant Policy Directions adopted for the Strategy include:

·     Future rural tourist development will build on and complement our agricultural industry, reinforcing the predominant use of the rural area for agricultural production while maintaining the rural character and take into consideration increased road traffic impacts; and

·     Future rural tourist development will be located and designed to avoid adverse visual or noise impacts.

 

The Rural Land Use Strategy reinforces Council’s commitment to farming, areas of high biodiversity and rural character and amenity.

 

Community Engagement

In response to resolution 17-594, four “drop-in” community information sessions were held across the Shire (Bangalow, Byron Bay, Federal and Mullumbimby).  A media release was issued two weeks prior to the first community session.

 

The community information sessions were also advertised in local newspapers and in rural school newsletters.  Letters were sent to all known unauthorised venues and to wedding planners. 

 

Council’s Major Projects Planner was interviewed on local ABC radio in the lead up to the sessions to outline the project and generate interest in attendance at the sessions.

 

A ‘Your Say’ page was also created, linked to Council’s website, to allow the wider community to participate in the project.  The webpage included an online survey and a forum.

 

While the on-line survey included a question about whether functions centres should be permissible at all in rural areas, the majority of the survey was deliberately aimed at getting input into the formulation of practical and efficient controls to include in an amendment to existing planning controls.

 

Council set out to inform and raise awareness of both the negative impacts that weddings and events have been having on rural areas, and the positive benefit the industry can bring to the wider community, including local employment. 

 

The emphasis was on developing planning controls that would facilitate a balance, allowing the industry to continue on suitable sites, while protecting the rural amenity for existing (and future) residents.

 

Community Input

The community, both industry participants and rural residents, were extremely eager to contribute to this project and find solutions.

 

The on-line survey received 171 contributions.  A further 20 contributions were made via email. 

 

Over the four community information sessions, approximately 90 individuals attended.

 

People associated with the wedding industry were well represented at each of the community information sessions, and it was apparent that industry representatives advocated having supporters complete the online survey.

 

Completing the survey required respondents to leave a name.  However, it was possible for individuals to complete the survey multiple times, using different names.  It is not possible to determine to what extent, if any, that occurred.  The survey also did not gauge from respondents whether they worked in the wedding industry, were rural residents, or both (or neither).

 

Notwithstanding any potential shortcoming of the survey, its results regarding key issues and suggestions for future controls are valid and useful, and are consistent with the discussions from the community at the information sessions.

 

Overall, it is clear that the community is divided about whether to permit function centres in the rural zone.  In response to that survey question, 63% of respondents said function centres should be permissible in rural zones, with 37% saying they should remain prohibited. 

 

A portion of the community is confident that balance can be found and the coherent themes to be included in new planning controls relate to management and respect.

 

The majority of respondents, whether in favour of the potential LEP amendment or not, contributed practical suggestions to be included in potential LEP controls.

 

During the community engagement period, Council staff heard both negative and positive examples of weddings and events operating in the rural areas.  Viewpoints from neighbours, industry workers and landowners were all expressed and listened to.

 

While it is clear that there has been a history of disturbance associated with rural functions, it is also clear that there are a number of venues that operate in a way that does not generate disturbance to nearby residents.  The information sessions were valuable in learning from both the negative and positive cases.

 

The table below provides a breakdown of the main concerns and solutions provided by the community responses.  As shown, noise and traffic were the two most commonly highlighted negative impacts for the rural amenity. 

 

Impacts

Details

Solutions

Noise

 

Respondents agree that uncontrolled noise is an unacceptable impact.

 

91 respondents suggested a curfew.

 

27 respondents believe 10pm is a suitable time for events to end.

 

25 others believe the curfew should be later, while 7 believe it should be earlier

 

Some rural residents have been disrupted in the past from loud music.

 

Noise generated from the guests was also highlighted as a negative impact with shouting, loud singing, etc. being the main issues, especially at the end of events.  Buses playing loud music or idling late at night was also identified as an unacceptable impact.

 

Separation of event sites from neighbouring dwellings is important.  However, setting an appropriate distance is difficult, as topography, vegetation and weather can strongly influence how far noise is ‘carried’.

 

Similarly, controls that rely on measuring and limiting noise levels are difficult.  Topography and weather can significantly influence a decibel reading and the distance noise can travel.  Low frequency sounds (e.g. base) can also travel large distances but is not picked up by a simple decibel reading.

 

Some respondents do not have faith in the ability of the Council to manage/ enforce the issue of noise, noting that a conditional approval based on restricting noise levels would require additional compliance resources.  The majority of participants agreed that more compliance/ enforcement resources are needed.

 

A majority of respondents are in favour of a separation control, with 500m to neighbouring dwellings a common suggestion.

 

The opposing view was that, if events are managed to avoid/ minimise disturbance, physical separation is not an important control.

 

Introducing a curfew for amplified music and for the event itself was the most favoured solution.  Various times were offered, with 10pm being the average for venues to cease operation, and 10:30pm for the guests to leave.  [It was noted that well-managed operators currently apply these curfews and it was reported that these operators are not impacting their neighbours in an unacceptable way.]

 

Suggestions were also made for music to either cease or move indoors prior to this curfew.

 

An on-site event manager, to control aspects of noise, guest behaviour, music and transportation, was suggested and favoured by a majority of participants.

 

It was suggested that each site would need to submit an acoustic report carried out by a professional consultant prior to any approval.  The acoustic assessment would show the potential impacts that noise could have on the neighbours.

 

A number of respondents suggested that fees should be charged for each event, with money raised paying directly for enforcement by Council staff (Note: Council’s ability to do this is limited).

 

Snapshot:

·    Curfew

·    Acoustic Assessment

·    Purpose built space for events or fixed locations for marquees – strategically located to minimise sound

·    Buffers or alternative sound proofing

·    On site event manager

·    No overnight stay for guests, maybe with the exception of the bride and groom only

·    Distance to neighbours should be key consideration

·    Maximum number of guests per venue should be included as a condition of consent

·    Duration of event could be a consideration

Traffic

 

Respondents agree that the current state of roads is a concern for increased traffic

 

118 respondents suggested the use of buses to minimise car trips.

Too many cars coming and going on small rural roads that are already degraded.

 

Too many cars parking on site and also on neighbours’ land/public land which is not aesthetically pleasing, nor safe.

 

Helicopters scaring farm animals.

Ensuring that all guests are transported to and from the site via bus was highly favoured.  

 

It was also suggested that an onsite event manager could ensure buses are neither idling whilst waiting for the guests nor playing music as they depart.

 

Ensuring venues store and have their own equipment to limit the traffic generated by the set-up and pack-down was suggested.  Venues potentially could have their own tables, chairs, marquees, cutlery, etc.

 

Many respondents suggested that Council should capture fees from each venue to contribute to the state of the roads (see note above).

 

Snapshot:

·    Bus for guests

·    On site event manager

·    Encouraging sites to store some equipment on site as to limit the set-up and pack-down

·    Financial contribution to state of roads

·    Driveways should be sealed

·    There should be sufficient on-site parking

·    Increased signs on roads/verges for No Parking

·    Limitations around set up and pack down travel times

·    Number of guests should accord with number of available and realistic parking and capability of access roads

Rural Character

Common concern expressed about the commercialisation of rural land.

 

Many people noted that the main attractor for living in the rural areas was the ‘peace and quiet’.

 

Concern was expressed that providing an approval pathway would lead to a proliferation of event sites across the Shire, resulting in cumulative loss of amenity and character.

 

It was suggested that approval of function centres would detract from viability of local halls.

Some suggested that there should be some parts of the rural hinterland that are ‘off limits’ to events.

 

Snapshot:

·    Weddings should be restricted to rural halls

·    Needs to be some ‘function-free’ areas

·    Visual impacts associated with marquees needs to be considered, with marquees located on suitable sites and not on ridgelines

 

Loss of Agricultural Land

Concern was expressed that too many function centres will be approved and they will not maintain the land/use the land for farming purposes.

 

Concern is held that if a function centre is approved near a working farm, the venue operator may begin complaining about farming activities such as tractor noise, spraying etc.

 

It was also identified that function centres could be a positive way for farmers to diversity and value add for positive financial gain. 

 

Conversely, there was concern that allowing events on RU1 land would lead to an erosion of farming and the eventual loss of active farming.

Suggested that, rather than prohibiting function centres in RU1, an alternate solution may be to restrict the number of allowable events within a calendar year to less than 5.

 

This might allow a rural land owner (farmer) to get some financial benefit, to supplement farming income, while maintaining a financial disincentive to transform totally from farming to function centre.

 

Snapshot:

·    Not in RU1

·    Consider nearby active farms at time of DA assessment

·    Clause to encourage farming as primary land use if events allowed on Regionally Significant Farmland

·    Clause to encourage and recognise Right to Farm

Compliance

Compliance is already difficult to manage and control.  Concern was expressed that current issues will not be resolved if compliance is not available.

 

There is a lack of faith in Council’s ability to monitor and take action against breaches in compliance.

 

Snapshot:

·    Compliance officers should be more available, with costs paid by the function centre. Including parking compliance officers for illegal parking

·    There needs to be a practical protocol for registering complaints

·    Action needs to be taken against non-compliance

·    DA should come with a ‘three strike’ condition, meaning 3 breaches of compliance results in a loss of the DA approval

·    DA should include three year sunset clause

·    Fines should be increased

Environment

Rubbish being left on site and increased levels of waste generation were highlighted as unacceptable impacts.

 

Fireworks and balloon releases were considered to be unacceptable.

 

Concern was raised that floral arrangements could be spreading weed.

 

Concern for sewer and potential run off into creeks was highlighted

Snapshot:

·    There should be a sustainability emphasis

·    No fireworks, balloon releases or offsite decorations

·    Distance to significant flora/fauna should be identified i.e. koala habitat, waterbody, wildlife corridor

·    Garbage disposal, and prevention, should be considered

·    Sufficient toilets, transportable recommended

·    Not allowed on flood prone land

·    Distance to significant bush fire areas

Privacy

Guests crossing neighbour boundaries were identified as unacceptable.

 

Lights from cars, or lasers, shining onto nearby houses also pose as negative issues.

Snapshot:

·    On site event manager at all times

·    Security for high volume events

·    Neighbours to be consulted

Local Economy

The community understands that the industry can bring financial benefit to the Shire but is concerned that this is benefiting those outside the shire or rural area, whilst the rural residents themselves are the ones who are suffering.

Snapshot:

·    Provisions to encourage local employment, not backpacker employment, should be considered

Industry

Concern is held over what exactly an ‘event’ could be.

 

Many respondents suggested that there should be a registration system for approved rural function centres, facilitating an event fee or the like.

Snapshot:

·    Investigate the possibility of a registration and user pays’system

·    All suppliers should be part of association with code of conduct

·    Good management is the underlying key to weddings and events having minimal to no impact on the rural amenity

·    Limitations as to type of ‘events’ permissible should be given

·    Phone numbers of event managers should be given to neighbours

 

Based on the results of the community engagement and the framework within the Byron Rural Land Use Strategy, it is recommended that an approval pathway be provided for function centres in the rural area, but that it be restricted to the RU2 zone and that it contain provisions that characterise the suitability of site and the management requirements that will ensure that disturbance to neighbours can be minimised/ avoided.

 

The table below contains the recommended draft clause and commentary providing explanation/ justification.

 

Recommended Clause

Comments

6.10   Function Centres in RU2 Rural Landscape Zone

It is recommended that function centres not be permitted in the RU1 Primary Production Zone.

This will reinforce Council’s commitment to farming, and ensure that high quality agricultural land in the Shire is maintained for that purpose.

(1)   Development consent must not be granted for a function centre on land zoned RU2 Rural Landscape unless the consent authority is satisfied that:

The controls in this sub-clause are aimed at identifying the key characteristics of a suitable site.

(a)   events will occur in a location that is a minimum of 500m from an existing dwelling house on an adjoining property.  Council will consider a variation to the minimum separation distance, but not less than 250m, only where:

i. existing topography and/or vegetation on the land are such that there is not a clear line of sight between the event site and adjacent dwellings; and

ii.  an acoustic assessment clearly demonstrates that event use will not result in unacceptable noise impacts at the neighbouring dwelling

Noise is clearly the key issue associated with disturbance from functions. 

Distance to nearby dwellings, while important, is not the only determinant of disturbance, as topography and vegetation play a role in how far music can carry.

Generally, however, a distance of 500m is likely to be sufficient in the majority of cases, to minimise disturbance from noise.

Flexibility is recommended, as there are a number of cases where function centres have operated closer than 500m to homes with no noise impacts.

(b)   the proposal is supported by a site specific acoustic assessment, prepared by a suitably qualified person, quantifying existing background noise levels and noise levels predicted for events in relation to all nearby dwellings

Each application will require detailed assessment to understand how noise from functions might impact nearby dwellings.

(c)   the subject site is accessed by way of a sealed road with sufficient capacity for the traffic volume and type generated by the function centre, and that buses are able to access and exit the property in a forward direction.

A suitable site must have capacity for buses and cars associated with functions to park on-site and access the site safely.

The onus will be on the applicant to demonstrate that the access road has sufficient capacity for the intended traffic types and volumes, given road width and standard.

(d)   the use of the site for events will not result in unacceptable adverse impacts on any adjoining land or the amenity of the neighbourhood, particularly in relation to noise and traffic

The key words being “unacceptable adverse impacts”.  This will allow a consideration of the circumstances of each case to determine whether the anticipated outcomes are reasonable in the circumstances of the site.

(e)   the use of the site for events will not result in any land use conflict in relation to adjoining or nearby farming activities

As above – based on Council’s commitment to value farming.

(f)    no tree clearing is required for the function centre

Minimise impacts on rural vegetation.

(2)   Applications for development consent for a function centre must include an Events Management Plan, which contains (as a minimum) provisions that:

The controls below are intended to address key requirements for the management of each event, to minimise/ avoid disturbance.

(a)   ensure that the majority of event attendees will be transported to and from each event by bus; and

Necessity to minimise local traffic.

(b)   require all amplified activities (music, speeches, etc.) to be undertaken within a temporary or permanent structure after 7.00pm; and

Will assist in reducing noise at night.

(c)   ensure that all amplified music will cease no later than 10:00pm; and

See above – community very keen for noise to cease at a reasonable time.  This is supported by the industry.

(d)   ensure that all event attendees will be off-site no later than 10.30pm; and

Ensures that ongoing crowd noise is capped.

(e)   outline measures that will be in place to ensure predicted noise levels are not exceeded at nearby dwellings; and

Links to the site-specific acoustic assessment.

(f)    provide for the monitoring of noise generated at events and six-monthly reporting of results to Council; and

Data will be required, to allow Council to assess the ongoing compliance.

(g)   provide for the notification of nearby residents prior to each event, including contact details for an appropriate management person who must be on-site and contactable during each event; and

Local communication can assist in minimising complaints.

(h)   ensure that adequate arrangements are in place to manage wastewater and general waste for each event; and

 

(i)    manage the potential noise/ amenity impacts associated with any persons staying overnight at the site at the conclusion of the function.

 

(3)   In deciding whether to grant consent for a function centre on land zoned RU2 Rural Landscape, the consent authority must consider:

 

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

In most cases, it would be appropriate for consents to be limited to a three-year period, with an ability to extend that period dependant on the applicant’s ability to demonstrate ongoing compliance.

(b)   the potential loss of farming on land that is mapped as Regionally Significant Farmland;

Will ensure that good quality farmland remains available for farming.

(c)   the potential impacts on areas of high environmental value, whether on the function centre site or on adjacent and nearby land, particularly in relation to known koala habitat

Will minimise disturbance/ impacts on areas of high biodiversity.

(d)   the need to impose a condition specifying that development consent would cease if three substantiate complaints were received in relation to functions at the site.

Numerous people suggested a “three strikes and you’re out” policy for functions.

 

Financial Implications

 

Event Fees:  A number of people suggested that function centres should be charged a fee, on a per-event basis, with money raised used to fund compliance officers and/ or local road upgrades.

 

Council’s ability to raise revenue from development is limited by Developer Contributions under the Environmental Planning and Assessment Act, or “fees for service” under the Local Government Act.

 

Developer contributions would be payable, on a one-off basis, for each development consent.  Section 94A Levies would be imposed, requiring payment based on a small percentage of the development costs.  Given that minimal set-up costs would be expected for most cases, it is unlikely that significant developer contributions would be generated by the function industry.

 

In any case, any contributions carried must be spent on projects outlined in Council’s Developer Contributions Plan.  This would, for example, allow contributions to be uses on rural roads.

 

Local Government Act service fees are limited to the costs of providing necessary services and would have no application to rural functions.

 

Statutory and Policy Compliance Implications

 

This report recommends an amendment to the Byron Local Environmental Plan 2014.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Report No. 13.12         Adoption of Constitution for Strategic Business Panel

Directorate:                 Sustainable Environment and Economy

Report Author:           Sharyn French, Manager Environmental and Economic Planning

File No:                        I2018/835

Theme:                         Economy

                                      Economic Development

 

 

Summary:

 

This report provides the Constitution of the Strategic Business Panel, for adoption by Council.

 

  

 

RECOMMENDATION:

That Council adopt the Constitution of the Strategic Business Panel at Attachment 1 (#E2018/2442).

 

Attachments:

 

1        CONSTITUTION Strategic Business Panel, E2018/2442

 

 


 

Report

 

At the 2 November 2017 meeting it was resolved (17-547) that Council merge the Sustainable Economy Panel into a new Strategic Business Panel.

 

It was also resolved that the model, terms of reference (constitution), and membership be drafted with the existing Sustainable Economy Panel nominated Councillors Richardson, Spooner, Hunter.

Councillors and staff met in late November 2017.

 

The model for the Strategic Business Panel meetings is for different formats for each meeting, such as field days and workshops.  Expert guest speakers, industry leaders and other attendees would be invited to each meeting, relevant to the theme set by the Panel Councillors and staff.

 

Panel meetings have been held around the topics of Innovation Business Incubators (26 March) and Agriculture and Agribusiness (9 May).

 

The upcoming meeting dates for the Strategic Business Panel have been scheduled for:

·    19 September 2018

·    14 November 2018

 

It is recommended that Council adopt the Constitution of the Strategic Business Panel at Attachment 1.

 

Financial Implications

 

Nil.

 

Statutory and Policy Compliance Implications

 

Nil.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         PLANNING - Residential Strategy -  Accessible Housing Project (Housing Summit Action)

Directorate:                 Sustainable Environment and Economy

Report Author:           Natalie Hancock, Senior Planner

File No:                        I2018/889

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

 

Summary:

 

Council resolved in June 2017 (Resolution 17-260) to expedite a number of actions to facilitate improved access to housing, following a Housing Summit in February 2017. One of these actions was to undertake an expression of interest (EOI) inviting landowner proposals to facilitate accessible housing in the Byron Shire, as part of an early implementation program to supplement Council’s Residential Strategy.  For purposes of this program “accessible housing” is a type of housing infrastructure contribution that will be made available to a mix of very low, low and moderate income households (as defined in SEPP 70 – Affordable Housing).   

An EOI process was conducted and the outcomes reported to the 23 November 2017 Council meeting, where it resolved (Resolution 17-601) to support more detailed investigations on certain EOI sites.

This report provides an update on the progress since the 23 November meeting and importantly seeks confirmation from Council on the following matters in order to progress to the next stage in the project:

·    Accessible Housing Principles

·    Accessible Housing Project Objectives

·    Role of Council

·    Project terms and conditions

·    Acceptable form/s and level of contribution

·    Project resourcing

 

Confirmation of Council’s position on the above matters is important to:

·    provide landowners participating in the Accessible Housing Project (AHP) with a level of certainty and confidence in the process, prior to committing resource and funds; and

·    ensure the process is consistent with the outcomes sought in the initial resolution of Council (Res 17-260).

 

As this project proposes the residential rezoning of certain land that is not identified in an adopted residential strategy, staff have written to the Department of Planning and Environment seeking advice on this early implementation initiative.  Councillors will receive an update on the Department’s response when received.

The outcomes of this Council report will be communicated back to the landowners for consideration and to confirm their willingness to proceed. It is anticipated that the entire process from lodgement of a Planning Proposal up to the stage where a LEP amendment is gazetted could take 12+ months.

 

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

That Council:

 

1.       Endorse the accessible housing principles in this report as the overarching framework to guide implementation of the Accessible Housing Project initiative.

 

2.       Endorse the accessible housing objectives in this report to provide the community and landowners with a clear understanding on the housing outcomes being facilitated by the Accessible Housing Project.

 

3.       Confirms its core role as that of a ‘facilitator’ in the Accessible Housing Project.

 

4.       Endorse the Accessible Housing Project terms and conditions outlining the     expectations of proponents as contained in this report.

 

5.       For purposes of the Accessible Housing Project, only accept landowner contributions in the following forms:

(i)      dedication of land

(ii)     dedication of land with constructed housing

(iii)    combination of the above.

 

6.       Endorse a minimum of 30% of developable area is applied to all land dedication made for purposes of the Accessible Housing Project.

 

7.       Endorse, subject to budget allocation in the 2018/19 Budget, the allocation of $50,000 to fund a 6 month planning position to assist with delivery of this and related strategic land use planning projects.

 

Attachments:

 

1        Special Disclosure of Pecuninary Interest Annexure, E2012/2815

 

 


 

Report

 

Background

 

Byron Shire residents are paying an increasingly large proportion of their income to put a roof over their head, and in some cases are simply unable to access local housing. This is clearly illustrated in the Mullumbimby local catchment area, as shown on Figure 1.  With a population of some 3,780 people:

·    there are only 32 social housing households

·    there is a 10 year waiting list for social housing in the 1 – 3 bedroom range

·    at least 50% of these households in private rental arrangements are in housing stress (where housing costs as a proportion of income are greater than 30%),

·    some 20% of those with a mortgage are also in housing stress

·    1 – 2 bedroom dwellings make up only 20% of the housing stock (this includes some 100 secondary dwellings that have been approved since 2011).

(Sources: ABS Census 2016/ FACs as at 30 June  2017/ Council records).

 

 

n

Mullumbimby EOI endorsed accessible housing consideration sites

---

Mullumbimby Local Catchment Area Boundary

 

Figure 1: Mullumbimby Local Catchment Area

 

 

For comparison with the national average in 2015-16, the proportion of gross weekly income that home owners with a mortgage spent on housing costs remained stable at 16%, after having fallen from 18% in 2013–14, while renters were spending 20% of their gross income on housing costs.  (Source: ABS 4130.0 - Housing Occupancy and Costs, 2015-16)

 

Council resolved in June 2017 (Resolution 17-260) to expedite a number of actions to facilitate improved access to housing, following a Housing Summit in February 2017. One of these actions was to undertake an expression of interest (EOI) inviting landowner proposals to facilitate accessible housing in the Byron Shire, as part of an early implementation program to supplement Council’s Residential Strategy.  For purposes of this program “accessible housing” is a type of housing infrastructure contribution that will be made available to a mix of very low, low and moderate income households (as defined in SEPP 70 – Affordable Housing). This local initiative seeks to address housing accessibility as a priority action ahead of completing the draft Residential Strategy.

 

Council staff are making good progress on this action (referred to in this report as the ‘Accessible Housing Project’ (AHP)) with further development of a supporting framework for Council’s endorsement, before moving forward with the next stages.  Staff also held a meeting in May with affected landowners to outline the process going forward.  The information presented at that meeting is the subject of the sections below.

 

This report now seeks confirmation from Council on the following matters in order to progress to the next stage in the project:

·    Accessible Housing Principles

·    Accessible Housing Project Objectives

·    Role of Council

·    Project terms and conditions

·    Acceptable form/s and level of contribution

·    Project resourcing.

 

Confirmation of Council’s position on the above matters is important to:

·    provide landowners participating in the AHP with a level of certainty and confidence in the process, prior to committing resource and funds; and

·    ensure the process is consistent with the outcomes sought in the initial resolution of Council (Res 17-260).

 

Accessible Housing Principles

A set of ‘accessible housing principles’ have been developed to provide the overarching framework around the outcomes being facilitated by the AHP.  The following principles are adapted from SEPP 70 — Affordable Housing.

 

a)   Mixed and balanced communities are created.

b)   Accessible housing is to be created and managed so that a socially diverse residential population representative of all income groups is developed and maintained in a locality.

c)   Accessible housing is to be made available to a mix of very low, low and moderate income households.

d)   Accessible housing is made available for both renters and home buyers.

e)   Accessible rental housing is to be rented to appropriately qualified tenants and at an appropriate rate of gross household income.

 

f)    Rent from accessible housing, after deduction of normal landlord’s expenses (including management and maintenance costs and all rates and taxes payable in connection with the dwellings), is generally to be used for the purpose of improving or replacing accessible housing or for providing additional accessible housing.

g)   Land provided for housing infrastructure is to be used solely for the provision of accessible housing.

h)   Buildings provided for accessible housing are to be managed so as to maintain their continued use for accessible housing.

i)    Accessible housing is to be constructed to a standard that is consistent with other dwellings in the vicinity.

 

To help understand how the households referred in Principle c) are defined - they are households whose gross incomes fall within the target recipient criteria shown in Table 1.  Using the Mullumbimby Local Area Catchment (as identified in Figure 1) as an example, the median household income for this catchment area was $965 per week as at Census 2016 - Australian Bureau of Statistics.

 

Table 1: Target Recipient Household Criteria

Category Level

Criteria

Example using Mullumbimby Local Area Catchment

Very low income household

less than 50%

< $482.50 per week

Low income household

50 or more but less than 80%

$482.50 - $722.00 per week

Moderate income household

80–120%

>$722.00 – $1158.00 per week

 

The above criteria are also derived from SEPP 70 – Affordable Housing.

 

It is noted that the Mullumbimby catchment area contains 4 of the 5 potential AHP sites (the other site is in Bangalow shown in Figure 2 below) and hence is likely to deliver the bulk of accessible housing outcomes under this project.

 

 

Figure 2: Bangalow AHP site location off Rankin Drive

 

RECOMMENDATION:

That Council’s endorses the above principles as the overarching framework to guide implementation of the AHP initiative.

 

 

Accessible Housing Project (AHP) Objectives

Supplementing the above principles are a number local objectives for this project.  These have been developed to provide a clear understanding for the community, landowners and Council on the housing outcomes being facilitated by the AHP.  The project objectives are:

 

a)   Address housing accessibility as a priority action ahead of completing the draft Residential Strategy;

b)   Identify housing delivered from the AHP as a form of critical infrastructure;

c)   Ensure investigation areas are considered in the context of the draft Residential Strategy (in preparation) and not as isolated rezoning requests;

d)   Ensure sufficient infrastructure is provided to support the additional housing resulting from the AHP; and

e)   Enable the delivery of high quality, permanent housing stock.

 

RECOMMENDATION:

That Council endorse the above objectives to provide the community and landowners with a clear understanding on the housing outcomes being facilitated by the AHP.

 

 

Council Role in AHP

Council’s core role in this process is considered to be that of ‘facilitator’, rather than a ‘developer’ of accessible housing in the AHP.  This is because the latter involves taking on greater financial risk and on-going administration of the end product.  As a facilitator, Council’s primary focus is to enable the dedication of land (or land & houses) for the purpose of providing a secure stock of accessible housing.  The responsibility for developing and administering this housing stock would be taken on by a Registered Housing Provider, or an equivalent ‘non-profit’ entity.

 

RECOMMENDATION:

That Council’s confirms its core role as that of a ‘facilitator’ in the AHP.

 

 

Project terms and conditions (for proponents)

Council’s expectations of the proponents that participate in this initiative should be articulated to them as early as possible in the process. In this regard the AHP initiative is premised on the proponent: 

a)   undertaking a landowner initiated planning proposal (referred to here in as a rezoning request) and/or development application to deliver accessible housing;

b)   ensuring coordinated project management (e.g. planning consultant) of their planning proposal;

c)   fully funding all relevant Council fees and charges and the cost of any studies/site investigations required to support a planning proposal or development application;

d)   entering into a voluntary planning agreement as part of any planning proposal; and

e)   understanding that an amendment to Byron Local Environmental Plan 2014 (e. rezoning of the land) cannot occur until a voluntary planning agreement has been executed and registered on the title of the land.

The above terms and conditions were presented and discussed at the meeting with landowners in May.

 

RECOMMENDATION:

That Council endorse the above project terms and conditions outlining the expectations of proponents.

 

Voluntary Planning Agreements

A Voluntary Planning Agreement (VPA) will provide the legal mechanism for securing accessible housing stock.  VPAs are legal agreements between a planning authority (Council) and a landowner/developer that remain on the title of the land. They are a common tool used to secure a public benefit that may be offered by a landowner/developer as part of a rezoning request to change planning controls, or as a part of a development application.  Under the agreement the landowner would agree to provide an infrastructure contribution (eg. dedication of land) for accessible housing. The VPA would articulate the terms and conditions around the timing of transfer as well as the requirement for the land to be used for accessible housing.

Landowners would agree to enter into a voluntary planning agreement as part of any planning proposal.  The draft VPA would be exhibited with the draft rezoning to enable informed public comment. An amendment to Byron Local Environmental Plan 2014 (e. rezoning of the land) cannot occur until the VPA has been executed and registered on the title of the land.

 

Acceptable form/s of contribution

For the purposes of the AHP and to be consistent with Resolution 17-260 it is recommended that landowner contributions are only accepted in the following forms:

 

i.    dedication of land

ii.    dedication of land with constructed housing

iii.   combination of the above.

 

[Note:  acceptance of monetary contributions does not achieve the project objectives outlined above and is therefore not recommended.]

 

RECOMMENDATION:

That Council, for purposes of the Accessible Housing Project, only accept landowner contributions in the forms identified above.

 

 

Acceptable level of contribution

At the meeting of 4 August 2016, Council resolved (among other things) the following in relation to the draft Residential Strategy:

 

Res 16-422 (3) That Council in progressing Resolution 16-292 consider the economic and social benefits of adopting a 30% affordable housing provision into the shire’s planning instruments. Any dwellings identified through these provisions to be managed by a community housing provider to ensure ongoing compliance and support.

 

Consistent with the above resolution, it is recommended that a minimum of 30% of developable area be applied to all land dedication made for purposes of the AHP.

 

RECOMMENDATION:

That a minimum of 30% of developable area is applied to all land dedication made for purposes of the AHP.

 

 

Figure 3 (below) indicates how the two contribution pathways would operate to deliver accessible housing stock.

 

 

 

 

1.   Should the landowner choose to provide land and constructed housing, this would then be transferred to a registered community housing provider, the quantum of the contribution would best determined on merits of the proposal as a landowner in dedicating both land and constructed dwellings for affordable housing may be looking for an agreed building cost recovery cost from a registered community housing provider, who then rents to very low to moderate income households.

2.   Transfer as referred to here may be a change in ownership or a long term lease – the means to be determined at a later stage in the AHP.

 

Figure 3: Contribution pathways to facilitate secure accessible housing stock.

 

Overview of Process to date and going forward

An overview of the process to date and going forward is shown in Figures 4 and 5 below.

 

 

 

 

 

 

Figure 4: Process to date

 

 

Figure 4: Process forward

 

Additional communication and engagement

The outcomes of this Council report will be communicated back to the landowners for consideration and to confirm their willingness to proceed. It is anticipated that the entire process up to the stage where a LEP amendment in gazetted could take 12+ months.

 

As this project proposes the residential rezoning of certain land not identified in an adopted Residential Strategy, staff have written to the Department of Planning and Environment seeking advice on this early implementation initiative.  Council will be provided with an update on the Department’s response once this is received.

 

Financial Implications

 

The AHP is premised on landowner-initiated planning proposals being fully funded by the applicant.  However, progressing Council’s AHP initiative will impact on timetable for other major land use projects.  This is because the same staff currently managing the AHP are also responsible for delivering the following projects:

 

·    Employment Land Strategy,

·    Residential Strategy and

·    E Zones Review. 

 

To ensure the timely delivery of these projects as well as Council’s AHP initiative, an additional budget allocation of $50,000 to fund a 6 month senior planner position is required.  This allocation will enable exhibition of the draft Residential Strategy by late 2018/early 2019 (otherwise not until mid-2019) while keeping the other project timelines on track as follows:

 

·    Employment Land Strategy – adoption by late 2018

·    E Zones Review – Stages 1-3 Planning Proposals submitted for Gateway Determination by second half of 2019

 

 

Statutory and Policy Compliance Implications

 

The proposed process for implementing Council’s AHP initiative is consistent with the relevant Commonwealth, State and Regional policy frameworks, as well as Council’s Supporting Partnership Principles.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.14

 

 

Report No. 13.14         Barrio Eatery and Bar - Update on Resolution 18-170

Directorate:                 Sustainable Environment and Economy

Report Author:           Andrew Hill, Team Leader Community Enforcement

File No:                        I2018/907

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

On 22 March 2018, Council considered report No. 13.24 Update - Barrio Eatery and Bar, 1 Porter Street, Byron Bay - Enforcement proceedings.

 

https://byron.infocouncil.biz/Open/2018/03/OC_22032018_AGN_773_WEB.htm

 

As a result of that report, Council resolved to:

 

18-170 Resolved: 

1        Note the report.

 

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

 

3.       Be provided a report on compliance with the prevention order and relevant conditions of consent within three months.     

 

The purpose of this report is to respond to point 3 of Resolution 18-170 above.

 

 

  

 

RECOMMENDATION:

That Council note the report.

 

Attachments:

 

1        Tim Fitzroy & Associatesfinal Noise Management Report_schedule of action strategies which are attached to this report., E2018/46263

2        Tim Fitzroy & Associates_Final Noise Management Report_schedule of action strategies, E2018/48980

 

 


 

Report

 

On 22 March 2018, Council considered report No. 13.24 Update - Barrio Eatery and Bar, 1 Porter Street, Byron Bay - Enforcement proceedings.

 

https://byron.infocouncil.biz/Open/2018/03/OC_22032018_AGN_773_WEB.htm

 

As a result of that report, Council resolved to:

 

18-170 Resolved: 

1        Note the report.

 

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

 

3.       Be provided a report on compliance with the prevention order and relevant conditions of consent within three months.     

 

The purpose of this report is to respond to point 3 of Resolution 18-170 above.

 

Point 3 Barrio Eatery and Bar - Compliance with the prevention order and relevant conditions of consent

 

On 13 April 2018, consultant Tim Fitzroy & Associates provided Bayshore Development Pty Ltd with a final Noise Management Report.  The report contained a schedule of action strategies which are attached to this report as Attachment 1.

 

On 16 May 2018, consultant Tim Fitzroy & Associates provided Bayshore Development Pty Ltd with a concept plan proposal for a acoustic wall which is attached to this report as Attachment 2.

 

On 16 May 2018, Council issued a second formal Direction to Take Preventive Action to Bayshore Development Pty Ltd, pursuant to section 96 of the Protection of the Environment Operations Act 1997.  The direction stipulated works that would be required to be undertaken to ameliorate adverse noise impacts from the site to achieve compliance with conditions of consent for noise and amenity.

 

The direction requires Bayshore Development Pty Ltd to take the following action:

 

1.   Implement all non-building works 'action strategies' contained with Tim Fitzroy & Associates' final Noise Management Report dated 13 April 2018 (items 1.1, 2.1, 3.1, 3.2, 4.1, 5.3, 5.4, 5.6, 5.7, 6.1, 6.2 and 6.3) on or before 16 June 2018; and

 

2.   Implement all building works 'action strategies' contained with Tim Fitzroy & Associates' final Noise Management Report dated 13 April 2018 (items 5.1,5.2 and 5.5) on or before 16 August 2018. The reference to 'movable acoustic barrier' in item 5.2 is replaced by the proposed acoustic green wall recommended by Tim Fitzroy & Associates on 16 May 2018.

 

Enforcement staff will continue to monitor compliance with the Direction to Take Preventive Action and also any relevant condition of consent for noise and amenity.

 

Financial Implications

 

Cost to Council depends on outcome of enforcement action.

 

Statutory and Policy Compliance Implications

 

Compliance with relevant planning and environment Acts and Regulations.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.15

 

 

Report No. 13.15         Report of the Planning Review Committee Meeting held on 15 May 2018

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Manager Sustainable Development

File No:                        I2018/941

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report provides the outcome of the Planning Review Committee Meeting held on 15 May 2018.

 

 

  

RECOMMENDATION:

That Council note the report of the Planning Review Committee meeting held on 15 May 2018.

 

 

 


 

 

Report:

 

The meeting commenced at 4.40pm and concluded at 4.50pm.

 

Present: Crs Martin, Hunter, Hackett,

Staff:  Chris Larkin (Manager Sustainable Development).

Apologies: Cr Coorey

 

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

10.2018.86.1

Aurecon

Old Pacific Highway

Brunswick Heads

Installation of 30m high Telecommunications Facility and Associated Ancillary Equipment

Level 2

22/3/18 to 4/4/18

 

1 submission

The extent of variation to Council policies proposed  height variation under BLEP 2014

 

Council

 

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

 

DA No.

Applicant

Property Address

Proposal

Exhibition

Submission/s

Reason/s

Outcome

10.2014.753.2

Newton Denny Chapelle

30 Tanner Lane

Tyagarah

Section 4.55 to permit the staged use of the land as an events site

Level 2

19/4/18 to 2/5/18

 

No submission

Under staff delegation

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.16

 

 

Report No. 13.16         Local Development Performance Monitoring and DPE Development Assessment Best Practice Guide

Directorate:                 Sustainable Environment and Economy

Report Author:           Shannon Burt, Director Sustainable Environment and Economy

Kylie Grainey, Project Officer

File No:                        I2018/961

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report provides information on Council’s development assessment performance as published by the NSW Department of Planning and Environment (DPE) in the Local Development Performance Monitoring Report 2015/16, as well as the previous two years, and year to date comparison.

 

It also provides information on the DPE Development Assessment Best Practice Guide issued 2017; and on service delivery initiatives being implemented by Council the result, to get applications processed as quickly as possible.

 

  

 

RECOMMENDATION:

That Council receive and note the report.

 

 

 

 


 

Report

 

Part 1 - Local Development Performance Monitoring Report (LDPM)

 

At the end of each financial year, councils provide information to the DPE regarding their development assessment and determination functions. The DPE analyses the data from each council and provides comprehensive statistical and performance information on the operation of the local development assessment system. This data includes the volume and value of development in NSW, determination times, delegation and staffing, legal appeals and reviews and post-development certificates.

 

The following data is an overview of Council’s performance in development assessment taken from the LDPM Report prepared by the DPE for 2015/16 year, and the previous two years for comparison.

 

Byron is categorised as Group 4, along with Ballina and Lismore. All Council’s are grouped into one of 6 regions based on geographical location of the local government area and former planning region boundaries.

 

The DPE are yet to release the LDPM results submitted August 2017. They have been requested and if they become available prior to the meeting will be provided to Councillors under separate cover.

 

Initial feedback data provided on submission of the data revealed there were 769 DAs determined in the 2016/17 year and the value of these were $185,377,936.

 

Local Byron trends

 

The table below shows that the number of applications assessed by Council has steadily grown since the 2013/14 period, and not surprisingly so has the times taken to assess these DAs. Note ‘planning assessment’ staff numbers changed after 2013/14 due to restructure but have been fairly constant for the period following.

 

 

Local Byron Trends

2015/16

2014/15

2013/14

No of DA’s determined

744

729

634

$ Value of DAs

$188,821,388

$136,162,186

$106,586,753

Average determination time (net days)

47

33

30

Median determination time (net days)

39

26

22

Average determination time (gross days)

75

53

48

Median determination time (gross days)

60

41

36

No of DAs with ‘stop the clock’

199

194

181

No of DAs with referrals

109

99

74

No of complying development certificates (private and council)

75

92

83

Equivalent full time staff *

8

8

8

Average determination per staff position

93

91

79

 

Comparison data

 

The table below provides a comparison between other North Coast councils and the Group 4 average.

 

 

Comparison data

Average (Gross)

determination time

Average determination time per staff member

No of DAs approved

Value of DAs approved

Byron

75

93

735

$188,373,298

Ballina

44

106

681

$136,732,985

Tweed (Gr 5)

66

43

1039

$253,381,126

Lismore

76

39

355

$46,545,220

Group 4 average

54

65

475

$111,564,134

 

This table shows that Byron’s average processing times are higher than neighbouring councils and Group 4.  This can be explained by the higher number of DAs received and environmental complexities and constraints such as bushfire prone land, acid sulfate soils, flood prone land, coastal precincts, etc. applicable.

 

Also a factor, the standard of applications received at times. Once lodged and subject to a more thorough assessment by a planner some applications often fail to adequately address constraints, and or articulate how they satisfy Council’s planning controls resulting in delays to processing and determination of applications outside of the statutory timeframe.

 

Further, Byron does not have the same extent of greenfield development and or complying development that Ballina and Tweed do which again influences the complexity of development and approval pathways available. In particular pressure to develop existing residential properties for infill development such as dual occupancy, medium density housing purposes and secondary dwellings is apparent. Such applications can and do raise objections from neighbours where existing residential amenity is considered to be impacted adversely from development. Also, the need to extend consultation, and or report to Council on contested applications are further factors in overall determination times.

 

Current year July 2017 – May 2018

 

The table below shows that development application numbers are trending high again this year. Also overall processing times are improving. Staff continue to work on business improvements to get applications processed as quickly as possible as discussed in parts 2 and 3 of the report.

 

Comparison data

Received

Determined

DAs

669

594

Average value of development

 

$244,661

Average determination time (net days)

 

46

Median determination time (net days)

 

61

Average determination time (gross days)

 

84

Median determination time (gross days)

 

97

 

Part 2 - Development Assessment Best Practice Guide

 

Guide purpose and principles

 

The Minister for Planning, Housing and Special Minister of State Anthony Roberts released the Development Assessment Best Practice Guide on 21 March 2017.

 

The guide outlines processes and procedures that are being used in some councils already to improve development application (DA) approval times.

 

It focuses on high-level customer service before development application lodgement to create a more efficient assessment process.

 

The premise of the guide is to boost ‘housing supply’ by increasing the efficiency of the development assessment process through process improvement. As such the focus is on ‘housing applications’ only.

 

“The development assessment process is a key link in the housing supply chain and impacts on how efficiently new housing can be delivered to market. In recognition of this the Premier of NSW has set a priority for Faster Housing Approvals, with a target of 90 per cent of housing approvals to be determined within 40 days.”

 

Importantly, the guide acknowledges that assessing officers are capable of achieving the 40 day assessment timeframe only when they manage up to 25 relatively straightforward DAs at any one time.

 

Where officers have more than 25 relatively straightforward DAs, and/or where a significant proportion of the applications are complex, assessment timeframes increase proportionally.

 

The current case load of an individual Byron council officer at the time of writing this report is 35-40 applications. Although this case load fluctuates throughout the year, it does not generally fall below 30. This case load, coupled with the environmental complexities and constraints that apply to land in the Shire, continues to impact on current development assessment times as reported in part 1 of the report.

 

Notwithstanding the above, the guide promotes a number of underlying principles that, if consistently applied throughout the assessment process, will lead to improved determination times.

 

Council has directly responded to these principles through a number of business improvement changes implemented as listed below.

 

DPE Principle

Byron response

Targeted pre DA services

Pre-lodgement advisory service

Pre-lodgement meetings

Online planning controls

Pre DA services for larger/complicated applications

Efficient lodgement and triage practices

Clearing house / gateway planner / development support officers

 

Notification procedures commensurate with impacts

DCP has different notification requirements for development based on impact

 

Corporate accountability for assessment timeframes in the form of key performance indicators

Delivery Program / Operational Plan has KPIS – reported 6/12 monthly to council, annual report to DPE

 

Delegations that support a consistent, targeted and efficient decision making process.

Delegations increased to Manager and Team Leader last FY.

 

Part 3 – Other business improvement initiatives

 

A number of other business improvement initiatives are also being explored and or being rolled out progressively including:

 

·    E lodgement - subject to IT system review next financial year.

·    Online mapping - subject to IT system review next financial year.

·    Customer feedback – one on one sessions with consultants, customer survey and mystery shopper program.

·    Assessment Efficiency Partnership Agreement - recommended by the guide at the start of the development assessment process to define roles and responsibilities. A template agreement has been prepared for council’s use and is under review by staff. This initiative to be rolled out this year as a pilot with select applicants.

·    Priority Biz 'fast track' application service -  To be available for commercial or industrial projects that meet the Council's set requirements. (Note – All applications will still be subject to the standard assessment criteria as set out in the LEP and DCP and Council may either grant consent or refuse the application on its merits.)

·    Design Excellence ‘fast track’ application service – To be available for major projects that meet the Council’s set requirements for building design excellence and sustainability. (Note – All applications will still be subject to the standard assessment criteria as set out in the LEP and DCP and Council may either grant consent or refuse the application on its merits.)

 

Part 4 - Business improvement considerations

 

Limitations on IT systems within Council for the lodgement and assessment of development applications is a hurdle to staff trying to improve the processes for the community, staff and the DPE through reporting. The current program was introduced in 1996, and there has been little improvement. A full program to provide the community with pre-lodgement guidance and online lodgement, staff with improved systems to register applications and provide intuitive processes based on application and development types would provide for greater improvement.

 

The DPE has recently announced it will not be progressing the introduction of online lodgement of development and associated applications through their ePortal. Council was waiting for this implementation to introduce e-lodgement of applications.

 

E-lodgement provides the opportunity for staff to view applications prior to actual lodgement therefore being able to identify issues with the information up front, and put the onus back on to the applicant prior to accepting the application into the assessment phase. This is now something Council needs to fund to keep up with technology and other council’s.

 

In addition, a review of counter-productive and resource inefficient processes impacting the planning service for document management is necessary. This is something that management is currently working to resolve.

 

Financial Implications

 

As per current and forward budget estimates.

 

Statutory and Policy Compliance Implications

 

Council is required to assess applications for development, construction certificates and complying development certificates in accordance with the Environmental Planning and Assessment Act, the State Environmental Planning Policy (Exempt and Complying Development) Code (SEPP) and the standard instrument Local Environmental Plan (LEP).

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.17

 

 

Report No. 13.17         PLANNING - Residential Strategy - Update on responses to relevant state government policy

Directorate:                 Sustainable Environment and Economy

Report Author:           Natalie Hancock, Senior Planner

File No:                        I2018/966

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

 

Summary:

 

Council at its 19 April 2018 ordinary meeting, resolved (part Res 18-217):

 

3.       Request staff to prepare a report for Council outlining the information and process to consider amending SEPP 70, LEP 2014 and the Byron Development Contributions Plan in relation to affordable housing provisions.

 

This report provides an update to this resolution and informs Council that:

 

·        Staff are preparing to seek quotations from appropriately skilled consultants to undertake the detailed analysis of the need for affordable housing stock in Byron Shire, in order to support Council’s submission for inclusion in SEPP 70

·        Recent informal advice from the Department of Planning and Environment suggests they are considering expanding the areas that SEPP 70 applies.

·        A new Low Rise Medium Density Housing Code under the Environmental Planning and Assessment Act 1979 is scheduled to commence on 6 July 2018, and that staff have written to the Minister for Planning requesting to pause its applicability to the Shire pending finalisation of Council’s Residential Strategy.

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

That Council:

 

1.       Formally write to the Department of Planning and Environment to confirm they are considering expanding the areas that SEPP 70 applies and if Council’s detailed submission for inclusion in SEPP 70 is warranted at this time.

 

2.       Note that staff have written to the Department of Planning (as requested) to seek a pause on the application of the Low Rise Medium Density Housing Code to Byron Shire until the Residential Strategy is finalised.

 

 

 

 


 

Report

 

Council at its 19 April 2018 Ordinary Meeting, resolved (part Res 18-217):

 

3.       Request staff to prepare a report for Council outlining the information and process to consider amending SEPP 70, LEP 2014 and the Byron Development Contributions Plan in relation to affordable housing provisions.

This report presents the following information as an update to this resolution.

 

Inclusion in SEPP 70 Affordable Housing

 

Previously the Department of Planning and Environment (DPE) advised that it is happy to discuss Byron Shire’s inclusion in SEPP 70 and that any request would need to be supported by a detailed needs analysis. This was reported to Council at the 19 April 2018 meeting - Report 13.20.

 

Staff are preparing to seek quotations from appropriately skilled consultants to undertake the detailed analysis of the need for affordable housing stock in Byron Shire, in order to support Council’s submission for inclusion in SEPP 70.  This analysis includes:

 

·        the need for affordable housing

·        target residents for affordable housing such as homeless or key workers

·        mechanisms for delivering affordable housing

·        mechanisms to manage the affordable housing portfolio

·        role of Council in the delivery of affordable housing.

 

Subsequently the DPE have informally advised they are reviewing SEPP 70 to consider expanding where it applies.

 

As such, it is recommended that Council formally write to the DPE to seek confirmation of this advice and if Council’s detailed submission for inclusion in SEPP 70 is warranted at this time.

 

Low Rise Medium Density Housing Code (new)

The DPE has prepared a new Low Rise Medium Density Housing Code under the Environmental Planning and Assessment Act 1979 to commence on 6 July 2018. The new Code seeks to provide more housing choice to meet different household needs, and improve housing affordability.

 

This code will allow one and two storey dual occupancies, manor houses and multi-dwelling (terraces) to be carried out under a fast track complying development approval. Low rise medium density housing is only allowed as complying development where the above development types are already permitted under a council’s local environmental plan.

 

For Byron Shire the new code applies to development in the R2 Low Density Residential Zone, R3 Medium Density Residential Zone and RU5 Village Zone in LEP 2014 (or their equivalent zone in LEP 1988). In the RU5 Village Zone this would only apply to an attached dual occupancy.  

 

Council or an accredited certifier can determine if a development application meets the relevant criteria contained in the code. The new Code is supported by Design Criteria that are set out in the Low Rise Medium Density Design Guide. Principle 1 - Context and neighbourhood character of this guide requires consideration of how the development has responded to identified desirable elements of an area’s existing or future character.

 

The issue of character has been a point of contention already for Byron Shire under other State Policies and Codes as they apply to the Shire, with inadequate consideration and or guidance provided by the DPE on how it is defined, and or to be assessed under these instruments to address concerns of community. The fact that the Code will enable private certifiers to make this decision is of further concern.

 

That being said, Council is preparing a residential strategy which will include local area residential character narratives setting out the desirable elements of the area’s existing or future character. Councillors at a 15 June 2017 strategic planning workshop agreed it would be beneficial to undertake more consultation with local communities using Guidance Groups to better inform these narratives.

 

The above concerns of the Code being pre-emptive of the residential strategy and potential character impact were raised with the DPE in May. Council at the Director level has now been invited to submit a formal request to pause the implementation of this Code to Byron Shire until the residential strategy is finished.  To meet the Department’s timeframe staff have already written to DPE requesting this pause.  Having this pause will enable Council to determine the nature and extent of any impacts on its Residential Strategy (in preparation) and supporting planning controls. 

 

Financial Implications

 

Additional funding is required to engage a consultant to prepare the detailed analysis to support the SEPP 70 submission.  Up to $15,000 is required to undertake this work. This matter will be reported back to Council on receipt of the Department’s advice as to whether this body of work is still required.

 

Additional staff resource is required to manage and prepare the SEPP 70 submission and determine the implications of the Low Rise Medium Density Housing Code for the Shire. A separate report on this Meetings Agenda titled ‘Residential Strategy – Accessible Housing Project (Housing Summit Action)’ proposes an additional temporary staff resource.  This position can also manage this work.

 

Statutory and Policy Compliance Implications

 

There are no statutory implications from the actions of staff presented in this report.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.18

 

 

Report No. 13.18         PLANNING - Status report - Resolution 17-575 - Plan of Management for Railway Park

Directorate:                 Sustainable Environment and Economy

Report Author:           Rob Van Iersel, Major Projects Planner

File No:                        I2018/973

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

 

Summary:

 

At the meeting of 23 November 2017, Council resolved (17-575):

 

1.       Note the report.

2.       Request staff to commence work to include Railway Park in an updated Plan of Management with the aim of completing the process by 30 June 2018.

3.       Request staff to enter into discussions with the Byron Environment Centre about the future occupation/location of the rotunda structure and bring a report on the outcome of those discussions back to the first Council meeting in 2018.

 

This report provides an update on progress regarding the Plan of Management.

 

Staff have consulted with representatives of the Byron Environmental Centre (BEC), including a site walk through the park that involved the Landscape Architect engaged by Council to development the detailed design for the endorsed Landscape Concept Plan for the Park.

 

Subsequent discussions with BEC have included a meeting at Council with the Mayor, General Manager, and staff.

 

A preliminary draft Plan of Management has been prepared. It includes a provision authorising the rotunda, either in its current location or an alternate mutually agreeable site, and a provision for an ongoing lease/ licence for BEC to occupy that structure.

 

It is recommended that Councillors and staff workshop the draft Plan of Management prior to proceeding to formal public engagement.

 

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

1.       That a Strategic Planning Workshop be arranged to allow staff to brief Councillors on the recommended Plan of Management and the process for its adoption.

 

2.       That, unless otherwise agreed at that Strategic Planning Workshop, staff arrange for the public exhibition of the draft Plan of Management, in accordance with the requirements of the Local Government Act 1993; including arrangements for an independently chaired Public Hearing at the completion of the exhibition period.

 

3.       That a post-exhibition report be brought to Council, including conclusions and recommendations from the Public Hearing, to allow the adoption of a Plan of Management for Railway Park by the end of the calendar year.

 

 

 

 


 

Report

 

Council considered a report on Railway Park at the meeting of 23 November 2017. The report provided details of the history, basis and conditions under which the Byron Environment Centre (BEC) occupies the Rotunda in Railway Park.

 

The report noted:

In relation to the requested information on the basis and conditions of occupation, it appears that the conversion of the structure was not approved by Council and there is no record of any license, lease or other documented authorisation for occupation for the structure.

 

The report also noted that Railway Park was included within the ‘Generic Plan of Management – Parks’, adopted by Council in 1996, but that it was not included in the updated version of that Plan, adopted in the early 2000’s.

 

In accordance with the latest Council resolution (15-757), a preliminary draft Plan of Management has been prepared for Railway Park, consistent with the requirements of the Local Government Act 1993.

 

The draft Plan of Management categorises the land as General Community Use

 

Pursuant to Section 36I of the LGA, the core objectives for land categorised as general community use are:

to promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:

(a)     in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and

(b)     in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).

 

The draft Plan of Management outlines how Council proposes to achieve these core objectives in relation to Railway Park.

 

The draft Plan acknowledges and authorises, existing leases, licences, and agreements, particularly in relation to the Artisans Market.  It also recommends that a lease/licence be negotiated with the BEC relating to the continued occupation and use of the rotunda, either in its current location or in an alternate mutually agreed location within the park, subject to demonstration of the structural adequacy of the facility.

 

Preliminary Engagement

 

As reported to the Council meeting in February 2018, staff initiated discussions with representatives of BEC, including a meeting at Council and a subsequent site walk at the Park, including Council’s Landscape consultant.

 

Another meeting was held at Council on 23 May 2018 to advise BEC representatives that the preliminary draft Plan of Management has been drafted and that it provides for their continued use of the rotunda.

 

Process for Adoption

 

It is now appropriate to discuss the details of the draft Plan of Management with Councillors at a Strategic Planning Workshop, prior to the public exhibition of the draft document.

Because the draft Plan of Management will categorise the land, which currently does not have a formal categorisation, a Public Hearing will be required prior to adoption of the Plan, pursuant to Section 40A of the Local Government Act 1993.

 

In accordance with that Act, the Hearing will need to be chaired by an independent person, who will then prepare a report with recommendations for Council.

 

Following the exhibition and public hearing, Council will reconsider the Plan of Management for adoption.

 

Financial Implications

 

Council will need to engage an independent chair for the public hearing. Fees for that engagement are likely to be in the order of $5,000.

 

Statutory and Policy Compliance Implications

 

The Plan of Management is required to guide the future management of Railway Park as Community Land. 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.19

 

 

Report No. 13.19         PLANNING - NSW Planning System Reforms and Community Engagement Obligations for Planning Functions