18-347

Resolved:

1. That the minutes of the Ordinary Meeting held 24 May 2018 be confirmed with Part 1 of Resolution 18-298 being amended to read:

‘Forward the revised planning proposal (Attachment 3) to the NSW Department of Planning and Environment to advise of the re-exhibition’.

2. That the minutes of the Byron Shire Reserve Trust Committee meeting held 24 May 2018 be confirmed.                                                                                                            (Hunter/Spooner)

The motion was put to the vote and declared carried.

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

File No:                        I2018/1029

18-348

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

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

File No:                        I2017/1012

18-349

Resolved:

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.                                 (Richardson/Cameron)

Report No. 13.3           Temporary suspension of Railway Park artisan markets

File No:                        I2018/684

Cr Spooner left the Chamber in accordance with his earlier declared pecuniary interest in this matter.

18-350

Resolved:

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                                                                                      (Richardson/Cameron)

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

File No:                        I2018/944

18-351

Resolved:

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.                     (Richardson/Cameron)

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

File No:                        I2018/1034

18-352

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

(Richardson/Cameron)

Report No. 13.8           Investments May 2018

File No:                        I2018/1041

18-353

Resolved that the report listing Council’s investments and overall cash position as at 31 May 2018 be noted.                                                                                                          (Richardson/Cameron)

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

File No:                        I2018/920

18-354

Resolved 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).                                                                                                                           (Richardson/Cameron)

The motion was put to the vote and declared carried.

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

No Councillors voted against the motion.

Report No. 13.15         Report of the Planning Review Committee Meeting held on 15 May 2018

File No:                        I2018/941

18-355

Resolved that Council note the report of the Planning Review Committee meeting held on 15 May 2018.                                                                                                                (Richardson/Cameron)

Report No. 13.16         Local Development Performance Monitoring and DPE Development Assessment Best Practice Guide

File No:                        I2018/961

18-356

Resolved that Council receive and note the report.                                       (Richardson/Cameron)

Report No. 13.17         PLANNING - Residential Strategy - Update on responses to relevant state government policy

File No:                        I2018/966

18-357

Resolved 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.                                                             (Richardson/Cameron)

The motion was put to the vote and declared carried.

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

No Crs voted against the motion.

Report No. 13.19         PLANNING - NSW Planning System Reforms and Community Engagement Obligations for Planning Functions

File No:                        I2018/1035

18-358

Resolved that  Council:

1.       Note that further information will be provided to Councillors to assist with the development of a template for ‘statement of reasons’ for decisions following the release of guidelines from the Department of Planning & Environment. 

2.       Support the commencement of a review of the existing Byron DCP 2010 & 2014 requirements for public exhibition and notification of development applications by staff as part of the preparation of community participation plan; and receive a further report on this prior to or at the December 2018 meeting of Council.

3.       In response to current community concerns about major development notification have staff:

a)      Prepare a draft amendment to Byron DCP 2010 & 2014 requiring developers to consult with members of the community who are affected by proposed ‘major development’ before any development application is made to Council, and exhibit this draft amendment.

b)      Prepare a draft amendment to Byron DCP 2010 & 2014 requiring site notification for development applications subject to Level 2 notification, and exhibit this draft amendment.

4.       Receive a further report on a) and b) above only if submissions are received to the amendments proposed; otherwise upon completion of the notification period approve the amendments to the Development Control Plans as exhibited.              (Richardson/Cameron)

The motion was put to the vote and declared carried.

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

No Crs voted against the motion.

Cr Spooner was not present for the vote.

Report No. 13.20         PLANNING - Exceptions to Development Standards - 1 January 2018 to 31 March 2018

File No:                        I2018/1048

18-359

Resolved that Council note the report on exceptions to development standards for the period 1 January to 31 March 2018.                                                                           (Richardson/Cameron)

The motion was put to the vote and declared carried.

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

No Crs voted against the motion.

Report No. 13.22         PLANNING - Development Application 10.2018.25.1 Subdivision  two lots into three lots at 31 Blackwood Crescent and Ballina Road Bangalow

File No:                        I2018/1058

18-360

Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2018.25.1 for Subdivision of two (2) lots into three (3) lots, be granted consent subject to conditions in Attachment 3 #E2018/47431.                       (Richardson/Cameron)

The motion was put to the vote and declared carried.

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

No Crs voted against the motion.

Report No. 13.24         Byron Visitor Centre

File No:                        I2018/1067

18-361

Resolved:

1.       That Council undertake a consultation process with the Local Area Commander of Police to recommend that Lot 1 DP 827049 being the site of the Byron Visitor Centre be declared an Alcohol Prohibited Area (at all times).

2.       That if no submissions are received from the Local Area Commander of Police during the consultation process, Council declare the Byron Visitor Centre lease site an Alcohol Prohibited Area (at all times).

3.       That if declared an Alcohol Prohibited Area, Council install three (3) Alcohol Prohibited Area signs within the Byron Visitor Centre leased site.

4.       That Council’s Busking Policy 13/002 be amended to include the Byron Visitors Centre leased site as a designated busking area.

5.       That the amended Busking Policy 13/002 be placed on public exhibition for a period of 28 days, and that if no submissions are received the Policy be adopted.  (Richardson/Cameron)

Report No. 13.25         Development of a Dogs in Public Spaces Strategy

File No:                        I2018/1071

18-362

Resolved that Council:

1.       Note the report and support the preparation of a Byron Shire Dogs in Public Spaces Strategy.

2.       Receive a further report on Stage 1 - Byron Shire Dogs in Public Spaces Strategy (Initial information gathering and research) and a Community Engagement Plan once this work is completed.                                                                                              (Richardson/Cameron)

Report No. 13.26         BSC ats Dromore Properties Pty Ltd Land and Environment Court Proceedings

File No:                        I2018/1059

18-363

Resolved that the General Manager be authorised to enter into consent orders or a s34 Conciliation Agreement approving Development Application 10.2017.686.1, subject to appropriate conditions to be finalised under delegation.                                                    (Richardson/Cameron)

Report No. 14.1           Report of the Finance Advisory Committee Meeting held on 17 May 2018

File No:                        I2018/939

18-364

Resolved that Council note the notes of the Finance Advisory Committee Meeting held on 17 May 2018.                                                                                                                (Richardson/Cameron)

18-365

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.1    2017/18 Financial Sustainability Plan - Update on the Action Implementation Plan as at 31 March 2018

File No: I2018/453

Committee Recommendation 4.1.1

That the update report to 31 March 2018 on the 2017/2018 Financial Sustainability Plan Action Implementation Plan (E2018/19525) be received and noted.                         (Richardson/Cameron)

18-366

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.2    Budget Review - 1 January 2018 to 31 March 2018

File No: I2018/868

Committee Recommendation 4.2.1

That Council note :

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

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

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

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

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

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

At its Ordinary meeting held on 24 May 2018.                                                (Richardson/Cameron)

18-367

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.3    Quarterly Update - Implementation of Special Rate Variation

File No: I2018/869

Committee Recommendation 4.3.1

That the Finance Advisory Committee note the quarterly update on the Special Rate Variation Implementation as at 31 March 2018.                                                             (Richardson/Cameron)

18-368

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.4    Funding Options for Railway Square Stage 2

File No: I2018/277

Committee Recommendation 4.4.1

That the Finance Advisory Committee recommend to Council that the funding model and budget estimate for the delivery of Railway Square, Stage 2 as set out in Option 3 of this report be adopted.                                                                                                           (Richardson/Cameron)

Report No. 14.2           Report of the Audit, Risk and Improvement Committee Meeting held on 17 May 2018

File No:                        I2018/1043

18-369

Resolved that Council note the minutes of the Audit, Risk and Improvement Committee Meeting held on 17 May 2018.                                                                                      (Richardson/Cameron)

18-370

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.1    Local Government Performance Excellence Program - Byron Shire Council 2017 Performance Results

File No: I2018/655

Committee Recommendation 4.1.1

That the Internal Audit, Risk and Improvement Committee note the Byron Shire Council LG Performance Excellence Program FY17 Report and that future reports be presented to the Committee.                                                                                                      (Richardson/Cameron)

18-371

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

Report No. 4.2    NSW Audit Office - Local Government 2017 Financial Audit Report

File No: I2018/866

Committee Recommendation 4.2.1

That the Audit, Risk and Improvement Committee note the contents and recommendations made in the Local Government 2017 Financial Audit from the NSW Audit Office at Attachment 1 (#E2018/35811).                                                                                              (Richardson/Cameron)

18-372

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

Report No. 4.3    Internal Activity & Progress Report - May 2018

File No: I2018/862

Committee Recommendation 4.3.1

1.       That the Audit, Risk and Improvement Advisory Committee note the Internal Audit Activity Report – May 2018 (#E2018/39734).

2.       That the Audit, Risk and Improvement Advisory Committee endorse the recommendation to vary the audit program and replace the planned IT User Access Review in Quarter 4 of 2017/2018 year with an audit review of Council’s current systems and processes to ensure/test compliance with Council’s six Environment Protection Licences in the Sewerage, Landfill and Quarry operations.

3.    That the IT User Access review be completed no later than Quarter 2 of 2018/2019 financial year.                                                                                                          (Richardson/Cameron)

18-373

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

Report No. 5.1    2017/2018 External Audit Client Service Plan

File No: I2018/810

Committee Recommendation 5.1.1

1.    That Council note the External Audit Client Service Plan prepared by the Audit Office of New South Wales for the year ended 30 June 2018 as outlined in Attachment 1 (#E2018/36320).

2.    That the report and Attachment 1 of the closed part of the meeting remain confidential.

(Richardson/Cameron)

18-374

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

Report No. 5.2    Risk Management Framework & Business Continuity Update

File No: I2018/683

Committee Recommendation 5.2.1

That the Internal Audit, Risk and Improvement Committee note ongoing work undertaken in improving Council’s risk management approach and business continuity and disaster recovery efforts across the organisation.                                                                        (Richardson/Cameron)

18-375

Resolved:

that Council adopt the following Committee Recommendation(s):

Report No. 5.3    Fraud and Corruption Control Audit Review Report

File No: I2018/654

Committee Recommendation 5.3.1

1.       That the Audit, Risk and Improvement Committee note the Fraud and Corruption Controls internal audit review report.

2.       That the Audit, Risk and Improvement Committee request that management implement the recommendations made in the report identified as Attachment 1 (#E2018/39530), subject to the revaluation of the rating of detailed finding 2.3 – Fraud and Corruption Policy/Framework from Medium to High.

3.       That the report and Attachment 1 of the closed part of the meeting remain confidential.

4.       That an update on fraud and corruption controls be presented at future meetings.

(Richardson/Cameron)

Report No. 14.3           Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 31 May 2018

File No:                        I2018/1078

18-376

Resolved that Council note the minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 31 May 2018.                                                     (Richardson/Cameron)

18-377

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.1      Aboriginal Services Coalition

File No: I2018/821

Committee Recommendation 4.1.1

That the Arakwal Memorandum of Understanding Advisory Committee note the progress of this project and the priorities for 2018.                                                                   (Richardson/Cameron)

18-378

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.2    Byron Shire Pest Management Plan - Consultation

File No: I2018/822

Committee Recommendation 4.2.1

1.    That the Arakwal Memorandum of Understanding Advisory Committee provide feedback on the attached draft Cultural Impact (#E2018/44646). The feedback is as follows:

·     Change the name of the Plan to include the word “Animal” in the title

2.    That feedback on the Plan be sought from the Arakwal Corporation, and received by mid June 2018.                                                                                                (Richardson/Cameron)

18-379

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.3    Illegal Campers at Ironbark Avenue and Vegetation on Council Land

File No: I2018/823

Committee Recommendation 4.3.1

That the Arakwal Memorandum of Understanding Advisory Committee recommend that Council staff conduct a site meeting with Council Engineers (drainage issues) and Arakwal representatives, including discussion on signage, as a matter of priority. The Committee noted there is an allocation in the draft 2018/19 budget for the works.                     (Richardson/Cameron)

18-380

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.4    Byron Town Centre Masterplan - Ongoing Consultation with Arakwal

File No: I2018/824

Committee Recommendation 4.4.1

1.       That the Arakwal Memorandum of Understanding Advisory Committee establish Byron Bay Town Centre Masterplan as a Standing Item on the agenda until the project is implemented.

2.       That Claire McGarry attend an Arakwal Corporation Board meeting, on a date to be determined, to discuss the Masterplan.                                                  (Richardson/Cameron)

18-381

Resolved that Council adopt the following Committee Recommendation:

Report No. 4.5    Master Plan Mullumbimby

File No: I2018/882

Committee Recommendation 4.5.1

That Council staff attend a Special Board Meeting of the Arakwal Corporation to discuss the Masterplans for Mullumbimby, Bangalow, and Byron Bay.                            (Richardson/Cameron)

Report No. 14.4           Report of the Local Traffic Committee Meeting held on 16 May 2018

File No:                        I2018/948

18-382

Resolved that Council note the minutes of the Local Traffic Committee Meeting held on 16 May 2018.                                                                                                                (Richardson/Cameron)

18-383

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

Report No. 7.2    Mercato - Byron Bay Woolworth Site re-development request for variation to traffic management arrangements

File No: I2018/908

RECOMMENDATION:

That Council support the use of Butler Street, Byron Bay for construction access for concrete deliveries until the re-development works are completed or Council commences the construction of the Byron Bay Bypass, which occurs earliest.                                            (Richardson/Cameron)

Report No. 14.5           Report of the Water, Waste and Sewer Advisory Committee Meeting held on 31 May 2018

File No:                        I2018/1079

18-384

Resolved that Council note the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 31 May 2018.                                                                        (Richardson/Cameron)

18-385

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

Report No. 4.1    Sewage Treatment Plant EPA Licence Sites

File No: I2018/619

Committee Recommendation 4.1.1

1.       That the Council note the report.

2.       That the Council note that the Oceans Shores Constructed Wetland is a serpentine channel.                    (Richardson/Cameron)

18-386

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

Report No. 4.2    Mullumbimby Sewerage System Inflow and Infiltration Programme - update

File No: I2018/645

Committee Recommendation 4.2.1

1.    That Council support the Inflow and Infiltration (I/I) Project as outlined in the report (page 17 of the Agenda) and recognising the social impact on dwellings that are invited to participate, including at least that participants will:

(a)   provide space for a sewer pump pod;

(b)   allow connection to the electricity supply;

(c)   run the risk of water logging of their or their neighbours’ yards due to storm water not entering sewers; and

(d)   participate with Council in remediating in water logging.

2.    That Council consider allocating a resource to ensure social and ecological aspects resulting from the project are considered in conjunction with works.                     (Richardson/Cameron)

18-387

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

Report No. 4.3    Recycled Water Strategic Management Strategy

File No: I2018/646

Committee Recommendation 4.3.1

That Council put the Recycled Water Strategic Management Strategy (Rev 3. Attachment #E2018/43453) on public exhibition for 28 days and, if no submissions are received, adopt it or, if submissions are received, send to Council.                                                    (Richardson/Cameron)

18-388

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

Report No. 4.4    Data on bins that have fallen over in rural areas

File No: I2018/647

Committee Recommendation 4.4.1

That Council note the report and the subsequent information that 25 rural bins over 3 years period have fallen over prior to collection.                                                                  (Richardson/Cameron)

18-389

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

Report No. 4.5    Legislation relating to the Domestic Waste Management Charge

File No: I2018/897

Committee Recommendation 4.5.1

That Council note the report.                                                                           (Richardson/Cameron)

18-390

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

Report No. 4.6    Murtagh Wetlands Report

File No: I2018/952

Committee Recommendation 4.6.1

1.    That Council review the state and performance of the West Byron STP Constructed Wetlands and 24 Ha Melaleuca Wetland and advise on future management.

2.    That a report on scoping of water sensitive design and whole of catchment plan to integrate all works involving West Byron STP, Cape Byron Marine Park, Union Drain Trust and the community come to the next meeting WWSAC.

3.    That the WWSAC receive a report on the current status of the old sand mining drain/path and its impact on the Belongil catchment.                                                       (Richardson/Cameron)

Report No. 14.6           Report of the Local Traffic Committee Meeting held on 31 May 2018

File No:                        I2018/1106

18-391

Resolved that Council note the minutes of the Local Traffic Committee Meeting held on 31 May 2018.                                                                                                                (Richardson/Cameron)

18-392

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

Report No. 6.1    Events - Byron Writers Festival 2018 - Road Closure

File No: I2018/906

Committee Recommendation 6.1.1

1.    That Council endorse the Byron Bay Writers Festival to be held on 3-5 August 2018, that includes the installation of temporary regulatory signage including No Stopping, No Parking and Disability Parking Signs between 8am and 6pm, subject to conditions at:-

a.    Bayshore Drive, Byron Bay.

2.    That the approval provided in Part 1 is subject to:-

a.    separate approvals by NSW Police and RMS being obtained;

b.    implementation of the approved Traffic Management Plan and Traffic Control Plan, including the use of signed detours, as designed and implemented by those with appropriate accreditation;

c.    that the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

d.    the event be notified on Council’s webpage;

e.    the event organiser:

i.      undertake consultation with community and affected businesses including adequate response/action to any raised concerns;

ii.     undertake consultation with emergency services and any identified issues addressed; and

iii.     hold $20m public liability insurance cover which is valid for the event.

(Richardson/Cameron)

Report No. 16.1           Confidential - Mullumbimby Administration Building - Solar Installation

File No:                        I2018/530

18-393

Resolved:

1.       That Council support the installation of approximately 100kW solar panelled structure at Council’s Mullumbimby Administration Building car park. 

2.       That Council allocate an estimated project budget of $330,000 inclusive of all costs with funding provided by the Employee Leave Entitlements Reserve.

3.       That any savings generated from electricity costs related to the Mullumbimby Administration Building be reimbursed to the Employee Leave Entitlements Reserve until such time as the capital investment incurred is recovered.

4.       That Council receive a further report on further solar options once the new electricity contract subject to a procurement process has been finalised.

5.       That this report and attachment #E2018/47068 remain confidential.    (Richardson/Cameron)

Report No. 16.2           Confidential - Tender Assessment Report - Belongil Entrance Opening Strategy

File No:                        I2018/932

18-394

Resolved:

1.       That Council award Tender Belongil Creek Entrance Opening Strategy to Alluvium Consulting Australia Pty Ltd.

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

Report No. 16.4           Confidential - Expression of Interest 20017-0069 Bioenergy Project

File No:                        I2018/1052

18-395

Resolved:

1.       That Council shortlist the following companies to participate in a tender for a Bankable Feasibility Study for the Byron Bay Bioenergy Facility:

a)      Aquatec Maxcon

b)      HZ-Inova

c)      Opec Systems

d)      Skala

e)      Stark Group

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

3.       That Council allocate $250,000 from the Sewer Section 64 funds for the Bankable Feasibility Study for the Byron Bay Bioenergy Facility.

4.       That Council prepare grant applications for the construction phase of the Byron Bay Bioenergy Facility.

5.       That Council prepare documents to seek long term contracts to secure Byron Shire’s food waste and fats, oils and grease (grease traps) feedstocks.                   (Richardson/Cameron)

Procedural MotionS

18-396

Resolved that Council change the order of business to deal with items 9.3, 13.1, 13.9, 13.11, 13.13, 13.14, 13.27, 16.3, 8.2 next on the Agenda.                                             (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

18-397

Resolved that the vote on Reservation of Items for Debate be recommitted in order to allow Cr Spooner to leave the Chamber in accordance with his earlier declared pecuniary interest in Report 13.3.                                                                                                         (Richardson/Ndiaye)

Cr Spooner left the Chamber at 11.12am.

The motion was put to the vote and declared carried.

Cr Spooner was not present for the vote.

Cr Spooner returned to the meeting at 11.13am.

Notice of Motion No. 9.3     Lots Identified

File No:                                  I2018/1089

18-398

Resolved 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 Council’s 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.                                                                       (Coorey/Richardson)

The motion was put to the vote and declared carried.

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

File No:                        I2018/789

18-399

Resolved 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 with the following amendments:

-      22.6 A person/organisation is permitted to speak in favour of or against up to 2 items on the agenda.

-      22.8 the mayor will invite councillors to ask questions of speakers at the conclusion of their speech in favour of or against an item on the agenda, or on a submission.

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).                                              (Lyon/Coorey)

The motion was put to the vote and declared carried.

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

File No:                        I2018/632

18-400

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

The motion was put to the vote and declared carried.

Cr Hackett voted against the motion.

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

File No:                        I2018/798

Moved that Council:

1.       Not proceed with the Planning Proposal for the following reasons.

a) The proposal for a wedding function use and other uses are inconsistent with the zoning objectives for the RU2 zone as the proposed uses are not ‘associated with primary production and environmental conservation’.

b) The proposal introduces a range of uses other than wedding functions that are inconsistent with RU2 zone objectives and that these additional uses and impacts have not been adequately addressed in the planning proposal.

c) The draft controls in the proposed clause are unnecessarily qualified with the potential to further erode the amenity of rural residents when standards need to be unambiguous, prescriptive and clearly stated.

d) The proposal for weddings and other functions is an imposition on rural amenity that can not be reasonably ‘balanced’.

e) The proposed controls do not adequately consider impacts on community infrastructure especially roads.

2.       Engage with community and the wedding industry to develop a ‘well managed and sustainable industry for all’ that particularly examines existing facilities in zones with objectives that can accommodate weddings and other functions.              (Cameron/Coorey)

Procedural Motion

18-401

Resolved that Cr Cameron be granted a two minute extension to his speech.  

          (Richardson/Coorey)

The motion was put to the vote and declared carried.

Procedural MotionS

18-402

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

(Ndiaye/Cameron)

The motion was put to the vote and declared carried.

18-403

Resolved that Cr Coorey be granted a two minute extension to her speech.

(Richardson/Hackett)

The motion was put to the vote and declared carried.

18-404

Resolved that Council:

1.       Forward the Planning Proposal at Attachment 2 (#E2018/46690) with the following amendment to 6(10) 2 (c) and (d), 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.

- 6(10) 2 (c) ensure that all amplified music will cease no later than 8.00pm; and

- 6(10) 2 (d) ensure that all event attendees will be off-site no later than 8.30pm; and

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.

3.       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.

4.       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.    (Lyon/Spooner)

The motion (Lyon/Spooner) was put to the vote and declared carried.

Crs Martin, Lyon, Ndiaye, Richardson, Hackett, Spooner and Hunter voted in favour

Crs  Coorey and Cameron voted against the motion.

Procedural Motion

18-405

Resolved that Council change the order of business to deal with Reports 13.14 and 9.2 next on the Agenda.                                                                                                      (Richardson/Cameron)

The motion was put to the vote and declared carried.

Report No. 13.14         Barrio Eatery and Bar - Update on Resolution 18-170

File No:                        I2018/907

18-406

Resolved:

1.    That Council note the report.

2.    That council request further reports from Council staff in another three months and six months to ensure all promised works have been carried out and that sound levels now comply with the NSW Industrial Noise Policy, per the DA .                                         (Lyon/Richardson)

The motion was put to the vote and declared carried.

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

File No:                                  I2018/1086

18-407

Resolved 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, under the guidance of the co-chairs of the referendum Counsel, Ms Pat Anderson AO and Mr Mark Leibler AC. 

6.    Lodge a submission to the Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples.

7.    That Council provide a press release including the Uluru Statement from the Heart and our support for it.                                                                                                 (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Procedural Motion

18-408

Resolved that Report No 13.9 be lifted from the table.                                      (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

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

File No:                        I2018/632

CONTINUED

18-409

Resolved:

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.            (Hackett/Richardson)

The motion was put to the vote and declared carried.

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

File No:                        I2018/889

18-410

Resolved that Council:

1.         Note the report and thank staff for the work to date on the Accessible Housing Project initiative.

2.         Endorse, subject to budget allocation in the 2018/19 Budget, the allocation of $50,000 to fund a 6 month planning position to prioritise the finalisation of the residential strategy by end of year.

3.         Note that staff will further refine and tailor for Byron Shire the accessible housing planning mechanisms (principles/objectives/roles/terms and conditions in the report) as part of the finalisation of the residential strategy in conjunction with experts across relevant fields.

4.    Research the economic, social and construction benefits of adopting a minimum 15-30% of developable area to all land dedications made for the purposes of Accessible Housing provision. 

5.      Notify Accessible Housing Project initiative land owners of 1-3 above. In particular land owners of sites 2 and 5 to be advised of the prerequisites for their land being considered by Council for potential rezoning should they seek to lodge stand alone planning proposals for this land ahead of the residential strategy.                                                                  (Spooner/Lyon)

Procedural Motion

18-411

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

(Richardson/Cameron)

The motion was put to the vote and declared carried.

Report No. 13.27         Biobanking for Byron Bay Bypass - Dedication Of Land

File No:                        I2018/1051

18-412

Resolved that Council dedicates lots:

-    Lot 7, DP 809005

-    Lot 24, DP 845454

-    Lot 46, DP 848543

-    Lot 47, DP 854800

In addition to Lot 66, DP 863772 Lilli Pilli Drive, Byron Bay for the purposes of BioBanking as an offset to the impact of the construction of the Byron Bay Bypass.                              (Coorey/Lyon)

The motion was put to the vote and declared carried.

I

Report No. 16.3           Confidential - 2017-0050 EOI: Redevelopment of 1 Broken Head Road, Byron Bay

File No:                        I2018/867

Moved:

1.    That pursuant to Section 11(3) of the Local Government Act, 1993, resolve that the Annexures to the report, 2017-0050 EOI: Redevelopment of 1 Broken Head Rd, Byron Bay  are to be treated as confidential as they relate to matters specified in s10A(2)(d)i of the Local Government Act 1993.

2.    That Council decline to invite tenders for the Sth Byron STP site

3     That Council begin an engagement process for improved transparency that enables community input into the process

4.    That a report be presented back to Council.                                                   (Coorey/Cameron)

Procedural Motion

18-413

Resolved that Cr Ndiaye be granted a one minute extension to her speech.

(Richardson/Cameron)

The motion was put to the vote and declared carried.

18-414

Resolved:

1.    That pursuant to Section 11(3) of the Local Government Act, 1993, resolve that the Annexures to the report, 2017-0050 EOI: Redevelopment of 1 Broken Head Rd, Byron Bay  are to be treated as confidential as they relate to matters specified in s10A(2)(d)i of the Local Government Act 1993.

2.    That Council short-list the following proponents to participate in the selective request for tender process:

a)    The Living School Byron Bay Pty Ltd

b)    National Affordable Housing Consortium Ltd

c)    Powerwrap Limited (Archiblox Pty Ltd)

d)     The Trustee for Harrison Developments Discretionary Trust (The Village Retirement Group)

3.    That those submissions focused on environmental education and showcasing be invited to work alongside Council to see if this outcome can be achieved at either the West Byron STP or the Vallances Road Sustainability Precinct.                                                 (Spooner/Ndiaye)

Procedural MotionS

18-415

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

The motion was put to the vote and declared carried.

18-416

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

(Ndiaye/Cameron)

The motion was put to the vote and declared carried.

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

File No:                                  I2018/1096

18-417

Resolved 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 disproportionate percentage of dwellings being used for short term holiday letting within 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).                    (Richardson)

The motion was put to the vote and declared carried.

Mayoral Minute No. 8.2       General Manager Recruitment

File No:                                  I2018/1101

Mark Arnold, Acting General Manager, left the meeting in accordance with his earlier declared pecuniary interest in this matter.

18-418

Resolved:

1.    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.

2.    That Attachment 1 become publicly available.                                                         (Richardson)

The motion was put to the vote and declared carried.

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

File No:                                  I2018/1076

18-419

Resolved:

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 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.                                                                             (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

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

Report No. 13.4           Mayor and Councillor Fees 2018/2019

File No:                        I2018/890

18-420

Resolved:

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.

4.       That a letter be sent from Council to the Local Government Remuneration Tribunal requesting that superannuation be included in Mayor and Councillor Fees.

5.       That Council write to Tamara Smith MLA and Ben Franklin MLC requesting advocacy on this matter.                                                                                                            (Ndiaye/Lyon)

The motion was put to the vote and declared carried.

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

File No:                        I2018/1039

18-421

Resolved that Council nominate Crs Ndiaye, Spooner and Cameron 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.

 (Ndiaye/Richardson)

The motion was put to the vote and declared carried.

Report No. 13.12         Adoption of Constitution for Strategic Business Panel

File No:                        I2018/835

18-422

Resolved that Council adopt the Constitution of the Strategic Business Panel at Attachment 1 (#E2018/2442) with the following amendment to 2. Purpose:

The purpose of the Strategic Business Panel is to discuss various themes or strategic topics relevant to the business community in the Byron Shire to generate and sustain employment and business investment that will strengthen the local economy in a sustainable manner by:

A.    Identifying regulatory issues that impede or otherwise restrict the business community.

B.    Developing strategies and policies that could assist local businesses and non performing council owned assets achieve their goals.

Four key areas:

1.  Emerging industries

2.  Public Private Partnerships

3.  Enabling infrastructure

4.  Planning and Design                                                                                     (Hunter/Spooner)

Cr Ndiaye left the meeting at 3.48pm.

The motion was put to the vote and declared carried.

Cr Ndiaye was not present for the vote.

Report No. 13.18         PLANNING - Status report - Resolution 17-575 - Plan of Management for Railway Park

File No:                        I2018/973

18-423

Resolved:

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.

4.    That if Council determines the rotunda remains within Railway Park the Plan of Management to include provision for an Expression of Interest process for use of the rotunda by community groups.                                                                                                               (Spooner/Hunter)

Cr Ndiaye returned to the meeting at 3.54pm.

The motion was put to the vote and declared carried.

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

Cr Cameron voted against the motion.

Report No. 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

File No:                        I2018/1050

Moved: That Council defer consideration of Development Application 10.2018.110.1 until the 2 August 2018 Ordinary Meeting to enable the applicant to amend the application to satisfy current reasons for refusal as listed below:

1)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal conflicts with State Environmental Planning Policy Coastal Management.

2)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposal will not conflict with State Environmental Planning Policy No. 44 – Koala Habitat.

3)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal conflicts with State Environmental Planning Policy Rural Lands (2008).

4)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposal complies with State Environmental Planning Policy No. 55 Remediation of Land.

5)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal plans are inconsistent with the Basix Certificate submitted and therefore does not comply with State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

6)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposal complies with State Environmental Planning Policy – Infrastructure 2007.

7)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposal is a permissible use as stipulated in the land use table and does not achieve the objectives of the 1(a)  zone of the Byron LEP 1988.

8)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, a kiosk is not a permissible use as stipulated in the land use table and does not achieve the objectives of the zone of the Byron LEP 2014.

9)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal fails to satisfy Clause 6.3 Flood Planning and 6.4 Flood Risk Management, Clause 6.2  Earthworks and Clause 6.6 Services of the Byron LEP 2014.

10)    Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal fails to address Clause 5.10 Heritage Conservation of the Byron LEP 2014 in relation to Aboriginal Cultural Heritage

11)    Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal fails to satisfy

12)    Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal fails to satisfy Clause 6.8 Rural and nature Based Tourism of the Byron LEP 2014, having regards to the size and scale of the development.

13)    Pursuant to the provisions of Section 4.15 (1)(a)(iii) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposed development complies with the applicable chapters of the Byron Shire Development Control Plan (BSDCP) 2010.

14)    Pursuant to the provisions of Section 4.15 (1)(a)(iii) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposed development complies or can be reasonably conditioned to comply with Chapter 11 Mullumbimby of the Byron Shire Development Control Plan (BSDCP) 2010.

15)    Pursuant to the provisions of Section 4.15 (1)(a)(iii) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposed development complies or can be conditioned to comply with:

·        Chapter B2 Preservation of Trees and Other Vegetation

·        Chapter B3 Services.

·        Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access

·        Chapter B5 Providing for Cycling

·        Chapter B7 Mosquitoes and Biting Midges

·        Chapter B8 Waste Minimisation and Management

·        Chapter B9 Landscaping

·        Chapter B12 Social Impact Assessment Landscaping

·        Chapter B13 Access and Mobility

·        Chapter B14 Excavation and Fill

·        Chapter D2 Residential Accommodation and Ancillary Development

·        Chapter D3 Tourist Accommodation

·        Chapter D4 Commercial and Retail Development 

·        Chapter E3 Mullumbimby

of the Byron Shire Development Control Plan (BSDCP) 2014.

16)    Pursuant to the provisions of Section 4.15 (1)(b) of the Environmental Planning and Assessment Act 1979, the likely impacts of the development will have an adverse cumulative impact on the intended rural context, setting, streetscape and public domain.

17)    Pursuant to the provisions of Section 4.15 (1)(b) of the Environmental Planning and Assessment Act 1979, the likely impacts of the development on the natural environment.

18)    Pursuant to the provisions of Section 4.15 (1)(c) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that ensures the proposal complies with Management of Contaminated Land Policy.

19)    Pursuant to the provisions of Section 4.15 (1)(c) of the Environmental Planning and Assessment Act 1979, the proposal will not be compatible with the desired streetscape within and adjoining the site, and has failed to adequately address bushfire affecting the site.

20)    Pursuant to the provisions of Section 4.15 (1)(d) of the Environmental Planning and Assessment Act 1979, submissions made in accordance with this Act or the regulations identified issues relevant to the development application that cannot be reasonably conditioned to ensure adverse impacts can be mitigated.

21)    Pursuant to the provisions of Section 4.15 (1)(e) of the Environmental Planning and Assessment Act 1979, in the circumstances of the case, the proposal is an overdevelopment of the site and approval of such would set an undesirable precedent and is therefore not in the public interest.

22)    Pursuant to the provisions of Section 4.12 of the Environmental Planning and Assessment Act 1979, the development is likely to result in a significant affect on the local population of a threatened ecological community.                                                             (Richardson/Hunter)

Cr Ndiaye left the meeting at 4.05pm and did not return.

18-424

Resolved that pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, Development Application no. 10.2018.110.1 for a 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, be recommended for refusal subject to the following reasons:

1)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal conflicts with State Environmental Planning Policy Coastal Management.

2)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposal will not conflict with State Environmental Planning Policy No. 44 – Koala Habitat.

3)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal conflicts with State Environmental Planning Policy Rural Lands (2008).

4)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposal complies with State Environmental Planning Policy No. 55 Remediation of Land.

5)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal plans are inconsistent with the Basix Certificate submitted and therefore does not comply with State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

6)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposal complies with State Environmental Planning Policy – Infrastructure 2007.

7)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposal is a permissible use as stipulated in the land use table and does not achieve the objectives of the 1(a)  zone of the Byron LEP 1988.

8)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, a kiosk is not a permissible use as stipulated in the land use table and does not achieve the objectives of the zone of the Byron LEP 2014.

9)      Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal fails to satisfy Clause 6.3 Flood Planning and 6.4 Flood Risk Management, Clause 6.2  Earthworks and Clause 6.6 Services of the Byron LEP 2014.

10)    Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal fails to address Clause 5.10 Heritage Conservation of the Byron LEP 2014 in relation to Aboriginal Cultural Heritage

11)    Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal fails to satisfy

12)    Pursuant to the provisions of Section 4.15 (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposal fails to satisfy Clause 6.8 Rural and nature Based Tourism of the Byron LEP 2014, having regards to the size and scale of the development.

13)    Pursuant to the provisions of Section 4.15 (1)(a)(iii) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposed development complies with the applicable chapters of the Byron Shire Development Control Plan (BSDCP) 2010.

14)    Pursuant to the provisions of Section 4.15 (1)(a)(iii) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposed development complies or can be reasonably conditioned to comply with Chapter 11 Mullumbimby of the Byron Shire Development Control Plan (BSDCP) 2010.

15)    Pursuant to the provisions of Section 4.15 (1)(a)(iii) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that demonstrates the proposed development complies or can be conditioned to comply with:

·        Chapter B2 Preservation of Trees and Other Vegetation

·        Chapter B3 Services.

·        Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access

·        Chapter B5 Providing for Cycling

·        Chapter B7 Mosquitoes and Biting Midges

·        Chapter B8 Waste Minimisation and Management

·        Chapter B9 Landscaping

·        Chapter B12 Social Impact Assessment Landscaping

·        Chapter B13 Access and Mobility

·        Chapter B14 Excavation and Fill

·        Chapter D2 Residential Accommodation and Ancillary Development

·        Chapter D3 Tourist Accommodation

·        Chapter D4 Commercial and Retail Development 

·        Chapter E3 Mullumbimby

of the Byron Shire Development Control Plan (BSDCP) 2014.

16)    Pursuant to the provisions of Section 4.15 (1)(b) of the Environmental Planning and Assessment Act 1979, the likely impacts of the development will have an adverse cumulative impact on the intended rural context, setting, streetscape and public domain.

17)    Pursuant to the provisions of Section 4.15 (1)(b) of the Environmental Planning and Assessment Act 1979, the likely impacts of the development on the natural environment.

18)    Pursuant to the provisions of Section 4.15 (1)(c) of the Environmental Planning and Assessment Act 1979, insufficient information has been supplied that ensures the proposal complies with Management of Contaminated Land Policy.

19)    Pursuant to the provisions of Section 4.15 (1)(c) of the Environmental Planning and Assessment Act 1979, the proposal will not be compatible with the desired streetscape within and adjoining the site, and has failed to adequately address bushfire affecting the site.

20)    Pursuant to the provisions of Section 4.15 (1)(d) of the Environmental Planning and Assessment Act 1979, submissions made in accordance with this Act or the regulations identified issues relevant to the development application that cannot be reasonably conditioned to ensure adverse impacts can be mitigated.

21)    Pursuant to the provisions of Section 4.15 (1)(e) of the Environmental Planning and Assessment Act 1979, in the circumstances of the case, the proposal is an overdevelopment of the site and approval of such would set an undesirable precedent and is therefore not in the public interest.

22)    Pursuant to the provisions of Section 4.12 of the Environmental Planning and Assessment Act 1979, the development is likely to result in a significant affect on the local population of a threatened ecological community.                                                              (Cameron/Spooner)

Report No. 13.23         Actions from Agriculture and Farm Consultation

File No:                        I2018/1063

18-425

Resolved that Council:

1.       Note the appointment of a Farm Liaison Officer is included in the 2018/19 draft budget and recruitment is progressing.

2.       Endorse the establishment of a Farming Industry Cluster that ensures members are representative of their farming sector and reports through to the Strategic Business Panel.

3.       Note that agricultural specialist planner training will be provided to planning staff to assist with farm specific Development Applications.                                                       (Hunter/Spooner)

The motion was put to the vote and declared carried.

Report No. 13.28         Update on MR 545 Transport Studies

File No:                        I2018/1053

18-426

Resolved:

1.       That Council note the update on MR 545 Transport Studies; and

2.       That Council allocate a budget of $60,000 from the Byron Bay urban roads developer contributions account to undertake design work for fauna fencing and underpasses on Ewingsdale Road section of the MR545.                                                     (Coorey/Cameron)

The motion was put to the vote and declared carried.

Question With Notice No. 15.1     Brunswick Valley Sewerage Treatment Plant

File No:                                           I2018/1036

At Council’s Ordinary Meeting held on 24 May 2018, Patricia Warren tabled the following question which was taken on notice:

What were the design parameters for the successful tender/contract for the construction of the Brunswick Valley Sewerage Treatment Plant with specific reference to:

a)      Average Dry Weather Flow (ADWF) in ML/day and how was this determined?

b)      Design Capacity:-

(i)      ADWF in ML/day

(ii)     buffer in ML/day above ADWF and how was this determined and for what purpose?

(iii)     total design capacity in ML/day

c)      hydraulic design capacity in  volume and velocity (litres/sec) at the head of the plant?

Response Director Infrastructure Services:

a)      Average Dry Weather Flow (ADWF) in ML/day and how was this determined?

The design inflows for the Brunswick Valley STP were based on population and flow projections for the Mullumbimby and Brunswick Heads townships for the year 2025.

The Average Dry Weather Flow (ADWF) calculated on this basis is 3.8 ML/day.

The following table was included in the Tender Documents:

Table 1 Population and flow projections for Mullumbimby-Brunswick Heads STP (MBHSTP)

b)      Design Capacity:-

(i)      ADWF in ML/day

The ADWF is 3.8 ML/day

(ii) buffer in ML/day  above ADWF  and how was this determined and for what purpose?

The design report for the facility states the STP is capable to provide full biological treatment at the maximum sustained flow rate of 22 ML/day (5.8 x ADWF) and the maximum instantaneous flow rate of 27 ML/day (7.1 x ADWF). 

The 5.8 ratio was derived by applying a Peak Wet Weather Flow to Average Dry Weather Flow ratio of 7 x ADWF for the Mullumbimby Catchment and 5 x ADWF for the Brunswick Heads catchment. 

When applied to the differing ADW flows in each catchment an average of 5.8 x ADWF for the combined catchments is obtained.

(iii) total design capacity in ML/day

The design capacity for the Brunswick Valley STP is 3.8 ML/day for Average Dry Weather Flow and a Peak Wet Weather Flow capacity of 22 ML/day (3.8 x 5.8) and an instantaneous flow rate of 27 ML/day (3.8 x 7.1).

Since the Brunswick Valley STP has been in operation the plant has never been hydraulically overloaded and remains comfortably within its design parameters.

Council, however, has been monitoring the flow patterns and has included in its latest business plan a dedicated flow mitigation project for Mullumbimby and other areas in the Shire.  This project has been included in the latest budget which is currently on exhibition.

c)      hydraulic design capacity in volume and velocity (litres/sec) at the head of the plant?

The design report for the facility states hydraulic design capacity for the inlet works in volume and velocity (litres/sec) at the head of the plant is 7.1 x ADWF + 150 l/s for the Return Activated Sludge (RAS).

This is equivalent to 27 ML/day which is equivalent to 314 litres per second plus 150 litres per second for the RAS.

The total design velocity is therefore 464 litres per second.

Question With Notice No. 15.2     Potholes

File No:                                           I2018/1037

At Council’s Ordinary Meeting held on 24 May 2018, Matthew Lambourne asked the following question which was taken on notice:

If a pothole 1 metre long by 1.8 metre wide across the middle of a 4.8m seal is not big enough to be repaired by Council, how much longer does it need to get before Council will repair it?

Response Director Infrastructure Services:

The issue raised in Mr Matthew Lambourne’s question has been investigated and has identified inconsistencies in several processes at Council, both at Mullumbimby office and the depot, as follows:

1.       receipt of hard copy customer request taken at the counter at Mullumbimby office

2.       handover by operational staff when taking leave of completed and uncompleted works

Mr Lambourne lodged hard copy customer request forms at the customer service area at the Mullumbimby office on two separate occasions being, 12 April and 4 May 2018.

After the lodgement of the customer request on 12 April 2018:

·        CRM #59822 was created on 12 April, which was initially actioned by depot staff on 13 April; an inspection undertaken and a defect with a calculated target date for completion entered into the electronic system, Reflect, used to manage the identification and accomplishment of such defects.

·        The formal customer request was not saved into Council’s document management system until 18 April

After the lodgement of the customer request on 4 May 2018:-

·        no additional CRM was raised

·        the formal customer request was saved into the document management system and viewed by depot staff within five days, where it was determined that a defect in Reflect had already been raised and a second defect record was not required.

It is a performance target of the Draft 2018/19 Delivery Plan and Operational Plan to have all separate customer requests entered into the CRM system, even if multiple requests are received from the same person or there are multiple requests about the same matter.

On 21 April 2018, Council’s normal operator of the pothole patching machine commenced leave and there was an incomplete handover to the relief operator, who was unaware that all the potholes on Main Arm Road had not been completed. Unfortunately the relief operator was directed to other roads to fill potholes not knowing that the large pothole on Main Arm Road was uncompleted.

Mr Lambourne was advised on Friday 25 May, the day after the Council meeting, of the two issues that resulted in this pothole being missed. The pothole was filled on Tuesday 29 May 2018.

The investigation of the issues raised has allowed revised procedures to be implemented to stop these problems re-occurring in the future.

Question With Notice No. 15.3     Report 13.9 of 24 May 2018 Ordinary Meeting Agenda

File No:                                           I2018/1038

At Council’s Ordinary Meeting held on 24 May 2018, John Anderson asked the following question which was taken on notice:

Could either Shannon Burt or Ralph James please provide:

a)      An explanation of item 13.9 of today’s agenda in terms of what is meant by “Strict compliance with the provisions of Clause 4.6 will result in no change to the built form on the site and will merely prevent the sale of individual dwellings on the allotment”

b)      A legal precedent for allowing variations to development standards far greater than 10% (i.e. decisions made on upheld by the Land and Environment Court).

c)      Some clue as to the identity of the author of report 13.9.

Response Director Sustainable Environment and Economy:

a)      An explanation of item 13.9 of today’s agenda in terms of what is meant by “Strict compliance with the provisions of Clause 4.6 will result in no change to the built form on the site and will merely prevent the sale of individual dwellings on the allotment”

Clause 4.6 of the Standard Instrument allows a consent authority to grant consent to a proposed development “even though the development would contravene a development standard”. In

circumstances where it applies, clause 4.6 replaces the power previously found in State

Environmental Planning Policy No. 1 – Development Standards.

The consent may only be granted if:

·        the applicant has prepared a written request demonstrating that (clause 4.6(3)):

·        compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

·        there are sufficient environmental planning grounds to justify contravening the development standard; and

·        the consent authority is satisfied that (clause 4.6(4)):

·        the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3), and

·        the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

The development standard as varied is the minimum lot size planning control of 600m2 applicable to this site under LEP 2014 clause 4.1. The development proposal was deemed compliant with all other built form controls for a multi dwelling development, except for this. In the circumstances, following an assessment under clause 4.6, and having regard to the applicable case law at the time, the variation was deemed acceptable. Note that determination of clause 4.6 variations over 10% are made by the council and not staff.

Link below to Department of Planning circular to advise councils of arrangements for when councils may assume the Secretary’s concurrence to vary development standards, and clarify requirements around reporting and record keeping where that concurrence has been assumed.

http://www.planning.nsw.gov.au/~/media/Files/DPE/Circulars/planning-circular-ps-18-003-variations-to-development-standards-2018-02-21.ashx?la=en

b)      A legal precedent for allowing variations to development standards far greater than 10% (ie decisions made on upheld by the Land and Environment Court).

It had been widely assumed that the minimum lot size development standard in clause 4.1 of the Standard Instrument – Principal Local Environmental Plan (‘Standard LEP‘) does not apply to strata subdivision.

However the Land and Environment Court held that this is not the case. Unless the proposed subdivision is of a lot in an existing strata plan or community development scheme, the proposed subdivision will be subject to the minimum lot size standard.

The case of DM & Longbow Pty Ltd v Willoughby City Council [2017] NSWLEC 1358  concerned a development application seeking consent to subdivide an existing two-storey house into two dual occupancy units.  The minimum lot size for the land imposed by clause 4.1 of the Willoughby Local Environmental Plan 2012 (‘WLEP‘) was 650 m².  The proposed subdivision would have resulted in two strata lots each having an area of approximately 300m².

The question for the Court was whether the minimum lot size development standard in clause 4.1 of WLEP applied to the proposed strata subdivision.

Clause 4.1  of WLEP relevantly provided that:

‘(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

…

(4)  This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.’

The Applicant submitted that the minimum lot size development standard contained in clause 4.1(3) of WLEP  was not directed to strata subdivision but rather to the ordinary subdivision of land and that clause 4.1(4) should be read as applying to the proposed strata subdivision thus having the effect of making it exempt from compliance with the minimum lot size development standard.

The Council, on the other hand, argued that because the definition of ‘subdivision of land‘ contained in s4B (2) (b) of the EPA Act includes ‘the procuring of the registration in the office of the Registrar-General… of a strata plan or a strata plan of subdivision‘, it must follow that the words ‘subdivision of any land‘ appearing in cl4.1 (2) of WLEP operated to make the proposed strata subdivision subject to the minimum lot size development standard in clause 4.1(3) of WLEP unless it was exempted by  clause 4.1(4).

Despite some reluctance about the lack of any planning logic to cl4.1(4), Commissioner Dixon agreed with the Council’s interpretation.

The Court held that the exemption in clause 4.1(4) only applies where there is an existing strata plan. A strata plan only comes into existence when the requirements set out in the Strata Schemes Development Act 2015 are satisfied. As there was no existing strata plan in the present case, the proposed strata subdivision did not relevantly involve the subdivision of any individual lot or lots in a strata plan within the meaning of clause 4.1(4) of WLEP.

The decision was affirmed on appeal by Preston CJ in December 2017.

However, the Standard Instrument – Principal Local Environmental Plan (‘Standard Instrument‘) has now been amended to clarify that the minimum lot size development standard does not apply to either the subdivision of land by the registration of strata or community plans, or the subdivision of lots within an existing strata or community scheme.

This changes the position back to what many councils thought the position was before the Court’s decision in Longbow.

However, the Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018  (Order) amends clause 4.1 (4) so it states:

This clause does not apply in relation to the subdivision of any land:
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 1989.

This makes it unambiguously clear that the minimum lot size standard does not apply to a subdivision effected by the registration of a strata plan or community plan.

The Order also amends clause 4.1AA which continues to apply to community title schemes in certain zones despite the amended clause 4.1.

Under s 3.20(4) of the Environmental Planning and Assessment Act 1979, the amended clause 4.1 will immediately be incorporated into those LEPs around the state which include a declaration that they adopt the provisions of the Standard LEP. These LEPs will not require any further amendment to incorporate the amended clause 4.1.

However, the change will not apply to development applications lodged but not determined before the Order commenced. The Order commenced on 20 April 2018.

c)      Some clue as to the identity of the author of report 13.9.

Report No. 13.9 PLANNING - State Environmental Planning Policy No. 1 - Variations to

development standards - 1 October 2017 to 31 December 2017 prepared by Manager Sustainable Development – Chris Larkin.

Report No. 7.7 PLANNING - 10.2017.270.1 Multi dwelling housing comprising eight (8) dwellings, Strata Title subdivision to create eight (8) Strata Lots and Common Property and Tree Removal (17 trees) at 6 and 6A Canowindra Court South Golden Beach was reported to the ordinary meeting of council 28 November 2017 prepared by Team Leader Planning Services – Greg Smith.

Question With Notice No. 15.4     Brunswick Valley STP Overflow

File No:                                           I2018/1080

Alan Dickens asks the following question:

With regards to the overflow incidents at the Brunswick Valley STP in 2012 and 2015, what action and/or repairs were carried out so this cannot occur again?

Response Director Infrastructure Services:

The walls of the inlet chamber to the UV plant were raised by 590mm.

This provides two benefits:

·        The top of the chamber is a localised high point and cannot overflow if similar circumstances presented again; and

·        The increased head provides a self cleaning function for the UV tubes.

The weekly lubrication and inspection maintenance task for the site was updated to include:

·        Check the UV water tube entrances in the UV feed box for algae etc. blocking the tubes; 

·        Sweep the entry plate clean after any high rainfall/flow event or if dirty; and

·        Remove debris from the feed box.