Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 2 August 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

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 21 June 2018

6.2       Ordinary Meeting held on 21 June 2018

6.3       Extraordinary Meeting held on 28 June 2018

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Mayor's Discretionary Allowance...................................................................................... 6

9.2       Native Animal Awareness Roadside Signage................................................................... 8

9.3       Motion for change to Councillor remuneration and conditions....................................... 10

9.4       Support for STEER and Voluntary Breath Testing......................................................... 12

10.  Petitions

10.1     Non-Chemical Means of Weed Control in Byron Shire.................................................. 15

11.  Submissions and Grants

11.1     Byron Shire Council Submissions and Grants as at 11 July 2018................................. 17

12.  Delegates' Reports  

13.  Staff Reports

General Manager

13.1     Northern Rivers Joint Organisation................................................................................. 19

Corporate and Community Services

13.2     Local Government NSW Annual Conference 2018....................................................... 23

13.3     Report of the Public Art Panel Extraordinary Meeting 15 May,  adoption of Public Art Strategy and nominees received for additional members to the Public Art Panel............................... 26

13.4     Development of an Arts and Cultural Policy................................................................... 29

13.5     Biodiversity Advisory Committee and Sustainability & Emissions Reduction Advisory Committee - Community Representatives........................................................................................... 33

13.6     Section 355 Management Committees - resignations and appointments...................... 35

13.7     BSC ats Ardill Payne & Partners - 33 Kallaroo Circuit - Land and Environment Court Proceedings ......................................................................................................................................... 38

13.8     Council Investments June 2018...................................................................................... 49

13.9     Implementation of Resolution 18-308 - Tweed Street Masterplan................................. 57

13.10   Amendment of General Managers Delegation in respect of Legal Proceedings........... 60

13.11   'The Byron Model' of deliberative democracy - next steps............................................ 66

Sustainable Environment and Economy

13.12   PLANNING - Development Application 10.2017.742.1 - Alterations and Additions to Existing Dwelling House, New Dwelling House to Create a Dual Occupancy (detached) and Two (2) Studios at 219 Saddle Road Brunswick Heads...................................................................................... 70

13.13   Updates - Audit of secondary dwelling conditions of consent; Short Term Holiday Let enforcement action and State Government position on Short Term Holiday Let................................ 94

13.14   Northern Joint Regional Planning Panel (JRPP) - community representatives........... 100

13.15   PLANNING - Amendment to DCP 2010 - Chapter 1 Part J - Coastal Erosion lands.. 103

13.16   PLANNING - S96 10.2013.128.3 -  Delete Condition 59 and Permit Paid Parking 30 Tanner Lane Tyagarah....................................................................................................................... 107

13.17   PLANNING - Development Application No. 10.2018.86.1 - Installation of 30m high telecommunications facility and associated ancillary equipment at Lot 339 DP 755692 Old Pacific Highway Brunswick Heads........................................................................................... 114

13.18   PLANNING - Development Application 10.2017.516.1 Subdivision to create four (4) lots, removal of trees, earthworks and associated infrastructure - 8 Coomburra Crescent, Ocean Shores 130

13.19   Draft Pest Animal Management Plan .......................................................................... 144

13.20   PLANNING - Development Application 10.2017.577.1 - Change of Use From Light Industry to Light Industry Including an Industrial Retail Outlet at 99 Lismore Road, Bangalow.............. 149

13.21   Submissions Report on the Draft Integrated Pest Management Policy ...................... 176

Infrastructure Services

13.22   Current and Future Capacity of Bangalow STP - Response to Resolution 17-502..... 184

13.23   Butler Street Reserve Lighting...................................................................................... 186   

14.  Reports of Committees

Sustainable Environment and Economy

14.1     Report of the Biodiversity Advisory Committee Meeting held on 14 June 2018.......... 190

14.2     Report of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 28 June 2018............................................................................................................................... 192

Infrastructure Services

14.3     Report of the Transport and Infrastructure Advisory Committee Meeting held on 14 June 2018 194

14.4     Report of the Byron Shire Floodplain Risk Management Committee Meeting held on 14 June 2018....................................................................................................................................... 198

14.5     Report of the Local Traffic Committee Meeting held on 26 June 2018....................... 201

14.6     Report of the Transport and Infrastructure Advisory Committee Meeting held on 22 June 2018 209   

 

 

15Questions With Notice

Responses to Questions on Notice are now available on www.byron.nsw.gov.au/Council/ Council-meetings/Questions-on-Notice  

16.  Confidential Reports

Infrastructure Services

16.1     Confidential - CONTRACT 2018-0017 Design & Construction of Sewer Rising Main RM3008 Replacement Pipeline - Bangalow Road Byron Bay.................................................... 211

16.2     Confidential - CONTRACT 2018-0010 Construction of the Azalea Street Sewer Rising Main Mullumbimby................................................................................................................. 213

16.3     Confidential - CONTRACT 2018-0026 SPS4001 New Rising Main and Pump Well Conversion Stuart Street Mullumbimby........................................................................................... 215

16.4     Confidential - CONTRACT 2018-0015 SPS3004 and RM3004 Civil Works Upgrade Milton Street Byron Bay .......................................................................................................... 217

16.5     Confidential - CONTRACT 2017-0060 Lighthouse Road Water Main Replacement Byron Bay....................................................................................................................................... 219  

 

 

 

 

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

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Mayor's Discretionary Allowance

File No:                                  I2018/1150

 

  

 

I move:

 

1.       That Council confirm the following donation from the Mayor’s Discretionary Allowance 2017/18:

 

          Lone Goat Gallery (Byron Bay Library Exhibition Space) - $750

 

2.       That Council advertise the donations in accordance with Section 356 of the Local           Government Act 1993

 

 

 

Councillor’s Background Notes:

 

$750.00 Lone Goat Gallery (Byron Bay Library Exhibition Space)

 

The support is for local artist, JEREMY HAWKES, to support his exhibition: CARAPACE, to be held at Lone Goat Gallery. Jeremy’s story has recently been shown in a short documentary film, The Ghost in the Machine (currently showing on ABC iView), produced in collaboration with local film makers Sophie Hexter & Poppy Walker of HW Collective

 

Diagnosed with early-onset Parkinson's Disease, Jeremy shows great courage by pushing past fears of exposure as he suspends his medication, allowing the tremors to suffuse his work. 

 

For a local artist of renown, and to promote diversity and opportunities for all abilities within the shire, I have allocated this amount to subsidise the leasing costs incurred by Jeremy. 

 

Recommended priority relative to other Delivery Plan tasks:

 

Minimal Impact.

 

Definition of the project/task:

 

That Council note and advertise the donations from the Mayor’s Discretionary Allowance for 2017/18.

 

Source of Funds (if applicable):

 

Mayor’s Discretionary Allowance (2153.13)

 

Signed:   Cr Simon Richardson

 

Management Comments by Anna Vinfield, Acting Director Corporate and Community Services:

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

 

Clarification of project/task:

 

Confirm and advertise the making of donation from the Mayor’s Discretionary Allowance for 2017/18 being:

 

Lone Goat Gallery (Byron Bay Library Exhibition Space) - $750.00

 

Director responsible for task implementation:

 

Director Corporate and Community Services

 

Relationship to, priority of, and impact on other projects/tasks:

 

This will have minimal impact on other projects/tasks.

 

Financial and Resource Implications:

 

The 2017/18 Budget adopted by Council included an allocation of $2,000.00 for budget item Mayor – Discretionary Allowance.  Sufficient funds are available for making the nominated donation of $750.00.

 

Legal and Policy Implications:

 

In relation to the making of Section 356 Donations from the Mayor – Discretionary Allowance, Council at its Ordinary meeting held on 14 May 2009 resolved as follows: -

 

09-349 Resolved that Council confirm that all s356 donations, to be made from the budget allocation “Mayor – Discretionary Allowance”, must be the subject of a resolution of the Council at Ordinary or Extraordinary meeting.”

 

This Notice of Motion is to confirm the making of the listed Section 356 Donation.

 

The Section 356 Donation will be advertised and public notice of financial assistance provided in accordance with Section 356 of the Local Government Act 1993.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Native Animal Awareness Roadside Signage

File No:                                  I2018/1342

 

  

 

I move:

 

That Council replace all the “Declared Gas Free” signs on shire roads with “Native Animal Awareness” signs alerting drivers for the need to slow down.

 

 

Attachments:

 

1        Wildlife Signage Guidelines, E2018/59907

 

 

Signed:   Cr Hunter

 

Councillor’s supporting information:

 

There is increased community concern for the injury and death occurring to our native animals on our shire roads and the need to take more proactive action to do what can be done to increase awareness on our shire roads. The RMS are currently constructing grids adjacent to the M1 Highway to address the same issue.

 

Currently there is a number of Gas Free signs on steel posts placed on the roadside verge that could be used to minimise the implementation cost by using the existing posts to mount the new signage.

 

The signage needs to depict the most affected native animal at risk at each locality at the sign and the need to slow down. Koalas, wallabies, turtles and wombats need to be the target species.

 

road signs 4         road signs5

 


 

Staff comments by Tony Nash, Manager Works, Infrastructure Services and Sharyn French, Manager Environmental & Economic Planning, Sustainable Environment & Economy:

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

 

The “Gasfield free” signage was provided by the community at their cost and installed by Council at agreed locations on the approaches to towns, villages and localities that was in response to a NOM proposed by Cr Dey on 13 June 2013.

 

Council resolved as follows:-

 

13-274 Resolved that Council:-

1.       Support the erection of signs on each trunk road into the towns of Brunswick Heads, Mullumbimby and Bangalow

2.       Liaise with and advise the Gasfield Free groups of each town on suitable locations, sizing and wording for the signs using a generic template

3.       Assist the groups to order the signs

4.       Erect the signs once provided by the groups with all costs paid for by the groups

5.       Offer the same service to other Gasfield Free groups in the Shire, if they so wish and once their surveys are complete. (Dey/Cameron)

 

Resolution 13-274 did not specify the duration that the signs would be in place or an indication of maintenance and replacement.

 

Currently there is no budget for the provision of these new signs and the necessary site inspections and investigations that would need to occur prior to their procurement and installation.

 

The guidelines attached to the NOM are for Queensland and whilst considered relevant, any signage installed by Council on our road reserves would need to meet the NSW guidelines.

 

Generally, the locations of the “Gasfield free” signage are at the entrances to towns, villages and other localities, which are not necessarily the locations where wildlife may cross the road.  It is considered best practice that the wildlife warning pictorial signage and road markings will be most effective when they are located at known locations where wildlife cross the road.

 

Council has control over local and regional roads regarding the installation of signage but would need to refer any requests for the installation of wildlife signage on State Roads to RMS for consideration, funding and installation. In our area these roads include the Pacific Motorway, motorway interchanges, on / off ramps and Lismore Bangalow Road.

 

Financial/Resource/Legal Implications:

 

The works proposed in the NOM are for new signs and are not maintenance of existing signs, therefore, a budget approved by Council will be required for their procurement and installation in accordance with resolution 18-111.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes, the provision of wildlife warning signage is in alignment with the following CSP and Deliver Plan objectives:

 

CSP 2028: 3.1 Partner to protect and enhance our biodiversity, ecosystems and ecology

 

Delivery Program 2017-201-21: a) Protect and enhance our natural environment and biodiversity

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Motion for change to Councillor remuneration and conditions

File No:                                  I2018/1345

 

  

 

I move:

 

1.       That Council submit the following Motion to the LG NSW Annual Conference

 

          That LG NSW:

 

1.       Continue to make submissions to the NSW Remuneration Tribunal requesting maximum permissible remuneration increases, whilst the NSW Public Sector wages policy applies to Mayor and Councillors remuneration.

 

2.       Lobby for deletion of s242A from the Local Government Act 1993 (NSW).

 

3.       Lobby for inclusion in the Local Government Act 1993 (NSW) of provisions (similar to those in s226 of the Qld Local Government Act 2009) requiring compulsory superannuation for Mayors and Councillors at the rate equivalent to the rate set out in the Superannuation Guarantee (Administration) Act 1992 (Cth).

                  

2.       That Council write to relevant Ministers lobbying for changes to the Local Government Act as set out above. 

 

3.       That a draft submission to NSW Remuneration Tribunal for the Tribunal’s 2019 review be prepared based on the above and reported  back to Council for consideration prior to the submission due date of 30 January 2019.

 

 

 

 

 

Signed:   Cr Sarah Ndiaye

 

Councillor’s supporting information:

 

Councils individually and local government as an industry has been lobbying for improved remuneration and superannuation for Mayors and Councillors.  See for example, LG NSW’s submission to the Local Government Remuneration Tribunal’s 2018 review of Mayors and Councillors remuneration – available at https://www.lgnsw.org.au/files/imce-uploads/79/LGNSW_submission_to_LGRT_300118.pdf  .

 

LGNSW have pointed out to the Tribunal in their most recent submission to the Local Government Remuneration Tribunal’s 2018 review that given the similarities between the work of MPs and councillors and the competence, skill and experience of local elected members, councillor and mayoral remuneration, as measured against that of MP’s, is “woefully inadequate”.

 

In addition, the LGNSW 2017 Annual Conference moved a motion to ‘lobby the NSW Local Government Remuneration Tribunal to make it mandatory that councils make superannuation payments to mayors and councillors in addition to the stipend paid to elected officials’. The lobbying occurred but the NSW Local Government Remuneration Tribunal, in their 2017 determination, noted the current statutory provisions preventing the ‘annual fee’ paid to Mayors and Councillors being considered as a ‘salary’ that would otherwise be accompanied by superannuation.

 

Reasonable remuneration for effort and removal of the current superannuation disadvantage are significant disincentives that make elected civic leadership at the local level unaffordable and unattractive.

 

 

Staff comments by Shannon McKelvey, Manager Organisation Development and James Brickley, Manager Finance:

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

 

The motion is consistent with previous lobbying efforts of this Council to improve remuneration for mayors and councillors, including introducing compulsory superannuation guarantee payments, in recognition of the significant workload that mayors and councillors have, the invaluable contribution they make at local, regional and State levels and the benefits shown to flow from promoting diversity in leadership.

 

Actioning the motion can be resourced from existing staff resources.

 

The proposed changes to Mayor and Councillor remuneration, as noted in the motion, would require changes to State Government legislation.

 

Financial/Resource/Legal Implications:

 

Council’s Budget for remuneration of the Mayor and Councillors is set each year to the maximum remuneration determined by the Local Government Remuneration Tribunal.  This does not include any provision for superannuation.  The 2018/2019 Budget Estimates provides the following remuneration amounts for the Mayor and Councillors:

 

Mayor

$43,200

Councillors

$178,100

Total

$221,300

 

The current Superannuation Guarantee rate is 9.50%.  If Superannuation was to be paid in addition to the Mayor and Councillor fees, this would result in an additional cost to Council of approximately $21,000 per annum at this point in time.

 

Aside from any potential remuneration increase, the additional cost for superannuation in the context of the overall Council budget is not significant.  Should there be changes to improve the remuneration of Mayor and Councillors, then this is a necessary cost of doing business.  Given the ever increasing expectations required of the Mayor and Councillors along with the complexity of Council business, any attempt to improve the remuneration levels of the Mayor and Councillors should be supported.  The current remuneration of the Mayor and Councillors in total equates to 0.18% of Council’s overall 2018/2019 Budget.

 

Is the proposal consistent with any Delivery Program tasks?

 

The motion is consistent with Council’s 4-year Delivery Program Action to “Support Councillors to carry out their civic duties” and consistent with this year’s Operational Plan action to provide support to Councillors including though provision of facilities and payment of expenses.

 

 

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.4

 

 

Notice of Motion No. 9.4     Support for STEER and Voluntary Breath Testing

File No:                                  I2018/1363

 

  

 

I move that Council:

 

1.       Provide written support for STEER and their breath testing initiatives

2.       Write to NSW Police, requesting the development and implementation of voluntary breath testing guidelines

3.       Provide voluntary breath testing in Council owned venues and Council supported events likely to involve the consumption of alcohol and driving

 

 

 

 

 

Signed:   Cr Simon Richardson

 

Councillor’s supporting information:

 

The reasons behind the disproportionate instances of drink drinking that occurs in our shire are many. This NoM seeks to have council play a role in encouraging and supporting initiatives aimed at lowering these instances and hopefully saving lives.

 

In 2017 Byron was once again reported as topping the list of the state’s worst drink driving hotspots. The effects of drink driving go beyond accidents, injury and at times death. Simply being charged with a drink driving offence can change the lives of those implicated and their families. I have written many letters of support to Magistrates seeking a sympathetic punishment for local offenders due to the affect it would have on their employment. Without a decent public transport system, losing one’s licence this shire can be manifestly damaging.

 

Though personal responsibility is, of course, paramount in a decision to drive whilst under the influence of alcohol, we should use whatever methods and processes we have as a society to minimise drink driving, especially as it impacts on other drivers and voluntary breath testing is an effective way to respond to drink driving and has demonstrated success in changing drink driving intentions.

 

For example, of those who participated in voluntary testing at Splendour 2014, 100% of those intending to drive and testing over their limit intended to change their behaviour.

 

Unfortunately, the utilisation of voluntary breath testing has been sporadic and wavering and we in Byron can help lead the way to a more formal and mandatory regime to ensure it becomes a part of any event or venue which served alcohol.

 

STEER Project is a youth safe transport project and began as a series of school road safety presentations in 2010. The Project continues to evolve and now includes a range of road safety presentations and voluntary breath testing at major music festivals, community events & presentations and private functions. STEER are working with support from the Alcohol and Drug Foundation and NSW Centre for Road Safety to deliver best practice voluntary breath testing.

 

It’s commitment to voluntary breath testing has been impressive; with a Vision to, “positively change drink driving behaviour at festivals, community events & private functions likely to involve consumption of alcohol and driving” and with the following Objectives:

1.       increase awareness of standard drinks

2.       monitor number of standard drinks consumed

3.       increase awareness of estimated BAC

4.       increase awareness of alcohol processing by the body

5.       increase choice of safe celebrating options by those intending to drive;

6.       provide an accurate measure of BAC at festivals, community events and private functions;

7.       change behaviour of those intending to drive who test over their legal limit.

 

Shift has and continues to do great work.

 

STEER also facilitates the following programs:

•        RescuEd - FRNSW road safety presentation for Year 10 students

•        Safer Drivers Course for Learners - for L platers with 50 hrs experience

•        RRISK - reducing risk increasing student knowledge for Year 11 students

•        Keys2Drive - free driving lesson for learners

•        Free2Go - free roadside assist for 16-20 year olds

•        Traffic Offenders Intervention Program - targeting traffic offenders

 

STEER are a wonderful and important organisation and one of which we should be immensely proud.  This NoM looks to support their work and to support their aims.

 

Staff comments by Deb Stafford, Acting Manager Community Development, Corporate and Community Services:

 

The STEER project is known to Council staff, as is the value of the work they do and services they offer. This voluntary organisation has provided previous reports to staff on their event-based activities, including outcomes and statistics that demonstrate positive impacts for local visitors and residents.

 

The Safer Community Compact 2016 – 2019 includes the STEER project as a component for the project ‘Working Together’ (p34): “Working with community groups and individuals to raise awareness of ‘What’s your limit?’ Mobile breath testing and other tools can be used at festivals and community events to raise individuals awareness of their own personal limit.

 

Police representatives from the Tweed-Byron Police have provided advice that breath testing equipment requires careful and frequent calibration and they did not support the use of any non-police (or official) breath testing equipment by Council or Council-supported groups.

 

As an education tool and with the appropriate guidelines and communication in place, STEER’s reports show that it can be an effective tool in raising awareness around drink driving.

 

If resolved, staff would work with relevant agencies to ascertain the existence of current voluntary breath testing guidelines, or identify options for guideline development if no current suitable guidelines exist.

 

Staff could work with  STEER to provide them with the opportunity to offer their service at Council owned venues and at Council-supported events.  It is staff understanding that the STEER project team would desire financial support to offer these services in an ongoing capacity.

 

Councillors may note that the Community Volunteer Policy and procedures are currently undergoing a review by staff and this project could be considered an activity in which volunteers support the work of Council.

 

Source of Funds (if applicable):

 

None required at this stage

 

Is the proposal consistent with any Delivery Program tasks?

 

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

 

2.1 Support and encourage our vibrant culture and creativity

          b)  Provide meaningful and inclusive opportunities for volunteering

 

2.4 Enhance community safety and amenity while respecting our shared values

          b) Support community driven safety initiatives

 

Definition of the project/task:

 

Provide support to the STEER project in the form of:

1.   A written letter of support

2.   Identifying a suitable stakeholder that has, or can inform the development and implementation of voluntary breath testing guidelines for use by STEER

3.   Providing the opportunity for STEER to offer their voluntary services in Council venues (including to third party hirers) and at Council supported events likely to involve the consumption of alcohol and driving.

  


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.1

 

 

Petitions

 

Petition No. 10.1         Non-Chemical Means of Weed Control in Byron Shire

Directorate:                 Sustainable Environment and Economy

Report Author:           Clare Manning, Biodiversity Officer

File No:                        I2018/1263

Theme:                         Sustainable Environment and Economy

                                      Environment and Compliance Services

 

At Council’s Ordinary meeting held on 21 June 2018 Mayor Simon Richardson tabled an anonymous petition containing 202 signatures which states:

 

We, the undersigned, request that Byron Shire Council replace its use of glyphosate

products with non-chemical weed control. Council has been presented with

scientifically documented information regarding the negative impact of glyphosate on

human, animal and environmental health and also supplied with information on

alternative products used by other councils

 

 

Comments from Director Sustainable Environment and Economy and Director Infrastructure Services:

 

Council resolved (Resolution 13-621) to develop an Integrated Pest Management Policy and Strategy for Council owned and managed lands.

 

In the nearly five years since the passing of Resolution 13-621, pesticide use (including but not limited to the use of glyphosate) by Council staff has ceased at:

 

·    All 34 children’s playgrounds;

·    All 41 formal bus shelters;

·    All kerb side in main town and village centres

·    70% (or 15 of 23 sports fields that are permanently open to the public; and,

·    All sites across the Shire in which Council control wild dogs, foxes and feral cat

·    Majority of public buildings (with respect to managing rodents).

 

Cessation of all pesticide use has been achieved through adoption of Integrated Pest Management principles, which has allowed improvements and innovation in various locations.  Approaches to pesticide-free weed control in the Shire now include manual weed removal, timely treatments, steam cleaning (of kerbs), steam weeding, garden bed edging and mowing. Approaches to pesticide-free pest animal control in the Shire now include trapping and shooting.

 

Following 6-week public exhibition (26 April to 7 June 2018) and community consultation, a draft Integrated Pest Management Policy (Policy) is to be tabled at the next Council meeting, scheduled at the 2 August meeting.  The Policy seeks to provide a policy framework for the effective and efficient control of pests on Council-managed land through an integrated pest management approach that uses a range of appropriate pest prevention and control methods while ceasing or minimising the use of all pesticides on a continuous improvement basis.

 

It is envisioned that the Policy will aid the development of an Integrated Pest Management Strategy where Council staff will make the careful consideration of all available pest control techniques and subsequent integration of appropriate measures that discourage the development of pest populations and keep pesticides and other interventions to levels that are economically justified and ceased or minimize risks to human health and the environment.

 

Funds to develop an Integrated Pest Management Strategy are available from the Infrastructure Services Carryover Reserve.

 

Council’s 2018-19 Operational Plan lists the preparation of an Integrated Pest Management Policy and Strategy as key activities (EN 1.1.3).

 

All planning documents:

 

·                Byron Shire’s Community Engagement Policy

·                Byron Shire’s Community Strategic Plan 2022

·                NSW Biosecurity Act

·                Local Land Services Act

 

The Acts (above) guide how pest (weeds & pest animals) are managed across NSW. The Acts establish a responsibility for all private and public landholders to manage pests on their land.

 

 

  

 

RECOMMENDATION:

That the petition regarding Non- Chemical Means of Weed Control in Byron Shire be noted.

 

 

 

 

  


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Byron Shire Council Submissions and Grants as at 11 July 2018

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2018/1316

Theme:                         Corporate Management

                                      Corporate 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 (#E2018/58520) for the Byron Shire Council Submissions and Grants as at 11 July 2018.

 

Attachments:

 

1        BSC Submissions and Grants as at 11 July for 2 August 2018, E2018/58520

 

 


 

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

 

Successful Applications

 

·        Balemo Drive Shared Paths, Active Transport, NSW Roads and Maritime Service

 

Unsuccessful Applications

 

·        The fit-out of the Rural Fire Service building, Infrastructure Grants – Emergency Preparedness, NSW Liquor and Gaming

·        Consolidation of Myocum Landfill, Landfill Consolidation and Environmental Improvement Fund, NSW Environmental Protection Authority

·        Multicultural Meeting Place, Unity Grants, Multicultural NSW

·        Pedestrian and Management Plan, Active Transport, NSW Roads and Maritime Service

·        Bike Plan, Active Transport, NSW Roads and Maritime Service

·        Shared Paths, Lismore Rd, Bangalow, Active Transport, NSW Roads and Maritime Service

·        Shared Paths, Ewingsdale Rd, Ewingsdale, Active Transport, NSW Roads and Maritime Service

·        Shared Paths, Broken Head Rd, Suffolk Park, Active Transport, NSW Roads and Maritime Service

 

Applications Submitted

 

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

 

Additional information on the grant submissions made and/or pending is provided in Attachment 1 – Submissions and Grants report as at 11 July 2018.

 

Financial Implications

 

If Council is successful in obtaining the identified grants more than $17 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

17,594,050

Council cash contribution

9,495,944

Council in-kind Contribution

306,158

Other contributions

17,040,000

Funding applications submitted and awaiting notification (total project value)

44,436,152

 

Statutory and Policy Compliance Implications

 

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

 

 

  


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.1

 

 

Staff Reports - General Manager

 

Report No. 13.1           Northern Rivers Joint Organisation

Directorate:                 General Manager

Report Author:           Mark Arnold, Acting General Manager

File No:                        I2018/1300

Theme:                         General Manager

                                      General Manager

 

 

Summary:

 

This report has been prepared to provide Council with information relating to the establishment of the Northern Rivers Joint Organisation (NRJO) and to allow Council to consider and provide comment to the NRJO on the draft Northern Rivers Joint Organisation Charter (Attachment 1), the draft Northern Rivers Joint Organisation Code of Meeting Practice (Attachment 2) and the draft Northern Rivers Joint Organisation Expenses and Facilities Policy (Attachment 3) for consideration by the NRJO at its next meeting scheduled for 6 August 2018 at Ballina.

 

A copy of the Draft minutes of the inaugural meeting of the NRJO held on 22 June 2018, have been included at Attachment 4 for the information of Councillors.

 

  

 

RECOMMENDATION:

That Council:

 

1.       Receives and notes the report on the Northern Rivers Joint Organisation.

 

2.       Endorses the;

 

a)      draft Northern Rivers Joint Organisation Charter (Attachment 1 E2018/57477)

 

b)      draft Northern Rivers Joint Organisation Code of Meeting Practice (Attachment 2 E2018/57478)

 

c)      draft Northern Rivers Joint Organisation Expenses and Facilities Policy (Attachment 3 E2018/57479)

 

3.       Appoints the Deputy Mayor as the alternate voting delegate to the Northern Rivers Joint Organisation.

 

 

 

Attachments:

 

1        Northern Rivers Joint Organisation draft Charter from June 2018 Meeting for 02 August 2018 Council Meeting, E2018/57477

2        Northern Rivers Joint Organisation draft Code of Meeting Practice from June 2018 Meeting for 02 August 2018 Council Meeting, E2018/57478

3        Northern Rivers Joint Organisation draft Expenses and Facilities Policy from June 2018 Meeting for 02 August 2018 Council Meeting, E2018/57479

4        Draft NRJO minutes 2018 06 22 for Council Report 02 August Meeting, E2018/57476

 

 


Report

 

Background Information

 

The Northern Rivers Joint Organisation (NRJO) was proclaimed on Monday 14 May 2018. The following are 'member councils' of the NRJO:

 

•        Tweed Shire Council

•        Byron Shire Council

•        Ballina Shire Council

•        Lismore City Council

•        Richmond Valley Council

•        Kyogle Council

 

The following organisations are proposed as non-voting or associate members of the NRJO:

 

•        the NSW Government, as represented by a nominee of the Secretary of the Department of Premier and Cabinet, currently the Department of Premier and Cabinet, Director North Coast Region

•        Rous County Council

•        Clarence Valley Council

•        Tenterfield Shire Council

•        Gold Coast City Council

•        Scenic Rim Regional Council

•        RDA Northern Rivers

 

Previous Council Consideration

 

Council at its Ordinary Meeting held on 22 March 2018 resolved (via Resolution 18-183) as follows;

 

“Resolved that, in accordance with Part 7 of Chapter 12 of the Local Government Act 1993

(Act), Council:

 

1.       lnform the Minister for Local Government (Minister) of the Council's endorsement of

the Minister recommending to the Governor the establishment of a Joint Organisation

in accordance with this resolution.

 

2.       Approve the inclusion of the Council's area in the Joint Organisation's area

 

3.       Request that the Joint Organisation be established to cover the Council's area and any

one or more of the following council areas:

 

a)      Richmond Valley

b)      Lismore City

c)      Ballina Shire

d)      Kyogle

e)      Tweed Shire

 

4.       Authorises the General Manager to provide the Minister with a copy of this resolution

including the date on which Council made this resolution before 23 March 2018.

 

5.       Authorises the General Manager to, on the expiry of a period of 28 days from the making of this resolution, inform the Minister that this resolution has not been rescinded.

 

6.       Write a letter of support for the inclusion of Rous County Council as an associate

member (non-voting representative) of the Northern Rivers Joint Organisation be sent

to the Northern Rivers Joint Organisation on formation.”

 

Report

 

The NRJO held its inaugural meeting on June 22, 2018. A copy of the unconfirmed minutes from this meeting are included in the attachments to this report (Attachment 4 E2018/57476). At this meeting the NRJO;

 

1.       Elected Cr Danielle Mulholland as Chair unopposed

2.       Adopted a draft Charter for consultation with the member Councils

3.       Appointed Mr Tim Williamson, Director of Regional Development with RDA Northern Rivers as their interim Executive Officer and provided the necessary delegations

4.       Adopted a Code of Conduct and procedures for its administration

5.       Agreed to transfer the NOROC Code of Conduct Panel of Conduct Reviewers

6.       Adopted a draft Code of Meeting Practice for consultation with the member Councils

7.       Adopted a draft Expenses and Facilities Policy for consultation with the member Councils

8.       Set down there meeting dates for the next 18 months

9.       Requested the new Executive Officer to seek proposals for an external consultant to assist with the development of a Statement of Strategic Regional priorities based on the 10 Regional Priorities adopted by NOROC.

 

The next meeting of the NRJO is set down for 6 August 2018 at Ballina.

 

The last meeting of NOROC was also held the same day where it was agreed to wind up NOROC and transfer all its assets and commitments across to the NRJO.

 

The draft Charter adopted by the NRJO provides for;

 

•        One voting representative per member council (the Mayors)

•        Allows for an alternate voting delegate in the absence of the Mayor, as determined by the member Council

•        That decisions are made through a majority (4/6) voting model

•        That the annual membership fees for the NRJO are apportioned to the member Councils with 50% of costs being split in equal amounts and 50% of costs apportioned by population, with any financial contributions over and above the annual membership fees to be referred to the member councils to resolve.

•        The following non-voting or associate members of the NRJO:

o        Rous County Council

o        Clarence Valley Council

o        Tenterfield Shire Council

o        Gold Coast City Council

o        Scenic Rim Regional Council

o        RDA Northern Rivers

 

Financial Implications

 

The current proposal is for the financial arrangements that were used for NOROC to be used initially for the NRJO until such time as a more detailed assessment of cost sharing options has been developed based on the NRJO budget.

 

Council has included an estimate of $15,400 in the 2018/19 Budget for  its contribution towards the operation of NRJO. Based on the preliminary work undertaken to develop a budget for the NRJO for the 2018/19 Financial Year, the contribution to be levied on Council will be within this budget allocation.

 

It is anticipated that the contributions for the following four years will be increased but this increase will be capped at no more then 25% per annum. This would see the contribution increase from $15,067 to approximately $37,600 for the 2022/2023 Financial Year.

 

The current year projections for NOROC are that there will be at least $220,000 remaining in the NOROC bank account at the end of the 2017/18 financial year period. At present, it is proposed that NOROC be wound up and these funds transferred to the NRJO. The Office of Local Government has also advised that it will be providing $300,000 to the NRJO in its first year. Given this, it is unlikely that there would be any budget issues for Council for the first year of the NRJO, with any funding implications to be reviewed during future budget processes.

 

Statutory and Policy Compliance Implications

 

The Northern Rivers Joint Organisation (NRJO) was proclaimed on Monday 14 May 2018.

 

Council through Resolution 18-183 resolved to form the Joint Organisation with the following Councils:-

 

1.       Richmond Valley

2.       Lismore City

3.       Ballina Shire

4.       Kyogle

5.       Tweed Shire

  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.2

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.2           Local Government NSW Annual Conference 2018

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Governance Officer

File No:                        I2018/832

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

In accordance with Council’s Mayor and Councillors Payment of Expenses and Provision of Facilities Policy, “A resolution of Council is required to authorise attendance of Councillors at Local Government and Shires Association Conference(s) as a voting delegate.”

 

The Local Government NSW Annual Conference 2018 will be held from Sunday 21 to Tuesday 23 October 2018 at the Entertainment Centre, Albury.

 

  

 

RECOMMENDATION:

That Council:

 

Authorise the following Councillors to attend the Local Government NSW Annual Conference 2018 to be held at the Entertainment Centre, Albury, held from 21 to 23 October 2018:

 

Cr (A) _______________, Cr (B) _______________ and Cr (C) _______________ to attend as the voting delegates.

 

 

 

Attachments:

 

1        Official Notice Local Government NSW Annual Conference 2018, E2018/37338

 

 


 

Report

 

The Local Government NSW Annual Conference 2018 will be held at the Entertainment Centre in Albury from Sunday 21 to Tuesday 23 October 2018.

 

In accordance with Council’s Mayor and Councillors Payment of Expenses and Provision of Facilities Policy, “A resolution of Council is required to authorise attendance of Councillors at (a) Local Government and Shires Association Conference(s) as a voting delegate.”

 

Council is entitled to three voting delegates in the debating session.  This number is determined by population (see attachment one – E2018/37338).

 

Additional information and updates can be found on the Local Government Associations website at the address below.

 

http://www.lgsa.org.au/events-training/local-government-nsw-annual-conference

 

Council is to notify LGNSW of its voting delegates by 5pm Tuesday 2 October 2018. Nominations of voting delegates received after the closing date/time cannot be accepted.

 

The purpose of this report is to enable Council to authorise the attendance of no more than three (3) Councillors as voting delegates to the Local Government Association of NSW Annual Conference 2018.

 

Motions

All members can put forward motions to be considered at the Conference. Members will be

invited to submit motions online from mid-year using the "LGNSW Conference Business

Sessions Submissions Form" on the Annual Conference page of the LGNSW website.

 

Proposed motions should be strategic, affect members state-wide and introduce new or

emerging policy issues and actions. Members are encouraged to review the Action Reports

from previous conferences before submitting motions for the 2018 Conference. Action Reports

from previous conferences are available on the Annual Conference page of the LGNSW

website.

 

Deadline for submitting motions

To allow printing and distribution of the Business Paper before the Conference, members are

asked to submit their motions by 12 midnight, 26 August 2018 AEST. ln line with the LGNSW

rules, the latest date motions will be accepted for inclusion in the Conference Business Paper

is 12 midnight, Sunday 23 September 2018 AEST.

 

Financial Implications

 

Council has an allocation for conferences of $19,600.00 within the 2018/19 budget.

 

As at July 2018, the remaining allocated budget for Councillors to attend Conferences in the 18/19 Financial Year is $16,455.53. Council is therefore able to fund the cost of three delegates from this budget.

 

Costs per person:   Registration Fee (early bird due 17 September)           $840.00

                                 Flights (approx)                                                             $300.00

                                 Conference Functions  (approx)                                   $300.00

Accommodation  (approx)                                         $1,060.00

 

Total                                                                          $2,500.00

Statutory and Policy Compliance Implications

 

In accordance with Council’s Mayor and Councillors Payment of Expenses and Provision of Facilities Policy, “A resolution of Council is required to authorise attendance of Councillors at Local Government and Shires Association Conference(s) as a voting delegate.”


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Report No. 13.3           Report of the Public Art Panel Extraordinary Meeting 15 May,  adoption of Public Art Strategy and nominees received for additional members to the Public Art Panel

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/926

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

An Extraordinary Public Art Panel meeting was held on 15 May 2018 to consider the responses received from the public exhibition period for the draft Public Art Strategy. This report provides the minutes of the meeting and requests Council to adopt the final Public Art Strategy.

 

In addition, a call for expressions of interest for additional Public Art Panel members was advertised and a recommendation is made regarding the nominees.

 

 

  

 

RECOMMENDATION:

That Council:

 

1.       Support the Mullumbimby Gateway Sculptures – Repair, Refresh, Renew project in principle, but note is does not currently have the funds to contribute to the maintenance of the sculptures.

 

2.       Adopt the Public Art Strategy as presented noting that changes have been made to incorporate feedback from the submissions received during the public exhibition period.

 

3.       Adopt the revised Public Art Policy as presented noting that it reflects the strategic approach to managing pubic art in Byron Shire, including the new Public Art Strategy.

 

4.       Appoint ________________ and _________________ (as many as desired) to the Public Art Panel following the recent advertising for additional Public Art Panel community members.

 

 

Attachments:

 

1        PUBLIC ART STRATEGY - version presented to Council for adoption as final, E2018/56731

2        Public Art Policy - revised , E2018/12472

3        Confidential - Confidential attachment to Council report – nominees for Public Art Panel, E2018/56623  

 

 


 

Report

 

An Extraordinary Public Art Panel meeting was held on 15 May 2018 to consider the responses received from the public exhibition period for the draft Public Art Strategy.

 

A copy of the Agenda for the Extra Public Art Panel meeting of 15 May 2018 can be found at the following link: https://byron.infocouncil.biz/Open/2018/05/PAP_15052018_AGN_901_AT_EXTRA.PDF

 

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

 

In addition, a call for expressions of interest for additional Public Art Panel members was advertised and a recommendation is made regarding the nominees.

 

Public Art Strategy and revised Public Art Policy

 

The Public Art Strategy provide a framework for Council’s planning and decision making in relation to the commissioning and acquisition of public art, as well as its ongoing care and maintenance. The vision articulated in the strategy is to position Byron Shire as a arts and cultural capital of Northern NSW with vibrant, contemporary public art through an innovative program that reflects and promotes the unique character and lifestyle of the region. It provides a framework for:

·        Focal areas for public art

·        Integrating art into public works

·        Pooling funds

·        Strong curatorial direction & project management.

·        Build strength into the DCP

·        Partnerships with community

·        Conservation & maintenance

·        Priority projects and art sites

·        Advocacy & education

·        Permanent art work

·        Deferment on gifts

·        The Public Art Register

·        Public Art Policy & Guidelines

 

The panel considered the twelve submissions regarding the Draft Public Art Strategy. Eleven of the submissions outlined their objection to the reduction in focus of street art and one submission provided 14 pages of detailed feedback about both the policy and the strategy.

 

Changes were made to the Public Art Strategy based on the submission feedback and consideration by the Panel, including:

·        Minor changes to the wording of some sections of the Strategy (too numerous to list)

·        Less restrictive language around street art and gifts of public art to Council

 

The Panel also discussed how to include the local street artists in discussion and determination around managing street art across the Shire.

 

The Public Art Panel recommend that Council adopt the final version of the Public Art Strategy as provided in the attachments.

 

The Public Art Policy was revised by the Public Art Panel during 2017 and revised further as the Public Art Strategy was finalised, incorporating the new strategic approach to managing public art in the Shire. It was placed on public exhibition along with the draft Public Art Strategy and no submissions were received in direct relation to the revised policy. The final revised policy is provided in the attachments.

 

Nominees for Public Art Panel

 

Following a request from the Public Art Panel at the 15 May extraordinary meeting, an advertisement was placed for additional members to the Public Art Panel. Ten nominations were received and the details of these are provided in confidential attachment one.

 

The membership of the Public Art Panel, according to the adopted constitution is as follows:

 

Membership

 

Council must appoint all Panel members. Appointment must take place prior to a member being conferred the responsibilities and rights as set out in this document.

 

Council may release individual members from the Panel at any time by a resolution of council.  Council may also appoint any new members to a Panel at any time by a resolution of council.

 

Members will be selected because they have a broad base of experience and/or expertise in one or more of the following areas of public art:

 

·        Public art curation and/or practice

·        Landscape architecture

·        Architecture

·        Urban planning/ design

·        Interior design

·        Placemaking activities

·        Public art sector development

·        Public art policy

 

Membership is to include:

 

·        2 Councillors - Crs Hackett and Ndaiye

·        community representatives with experience and/or expertise from the above as selected by Councillors

·        A representative from Arts Northern Rivers

·        A representative from Bundjalung of Byron Bay (Arakwal) Corporation

·        General Manager (or staff member delegate)

 

Note:Staff members participating on the Panel do not have any voting entitlements.

 

Councillors are requested to appoint appropriate nominees to the Public Art Panel.

 

Financial Implications

 

The Public Art Panel did not make any recommendations this meeting to spend any public art funds.

 

Statutory and Policy Compliance Implications

 

Public Art Policy

Draft Public Art Strategy

Public Art Guidelines and Criteria

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           Development of an Arts and Cultural Policy

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/1066

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

Council resolved (Res 18-256) for a report to be presented to Council outlining the process and associated costs to develop an Arts and Cultural Policy.

 

This report provides the information requested including:

·        Overview of process – such as literature review, existing policy review and consultation

·        Timeframe

·        Resources and budget

 

 

  

 

RECOMMENDATION:

That Council note that the Cultural Policy will be reviewed by June 2019 to develop a new ‘Arts and Cultural Policy’ within existing Council resources utilising best practice examples and including consultation with key arts and cultural stakeholders as outlined in the report.

 

 

 

 


 

Report

 

Council resolved (Res 18-256) at the Ordinary Meeting on 19 April 2018 that a report be prepared “for Council outlining the human resources and costs required to develop and oversee an Arts and Cultural policy so that we might have an integrated approach to whole-of-Council planning for the arts and culture in Byron Shire. This report to be delivered prior to the end of the financial year (June 2018)”.

 

This report provides the information requested.

 

Many councils have Arts and/or Cultural Policies and increasingly, councils are developing Cultural Plans, although this is no longer a requirement of the NSW Office of Local Government.

 

The recently adopted Community Strategic Plan “Our Byron, Our Future” includes the overarching objective of “We cultivate and celebrate our diverse cultures, lifestyle and sense of community”

communicating the importance of this pillar of a thriving community.

 

Following the outcomes of the recent Community Strategic Plan consultation and drafting, the community clearly stated that an increased focus on arts and culture is wanted.

 

Policy Development

 

Council has a Cultural Policy that was last reviewed in 2008 and is available online at https://www.byron.nsw.gov.au/files/assets/public/hptrim/corporate-management-policies-current/policy-cultural-res-08-39120408-no-submissions-received-after-advertising-current_policies.pdf

 

Staff recommend that a revision of the existing Cultural Policy be undertaken using best practice resources from other local government areas, Local Government NSW and the Cultural Development Network (https://www.culturaldevelopment.net.au/).  The review would be undertaken to ensure fit with local priorities and context.

 

The aim of the revised policy would be to provide a framework for developing future support for arts and culture in the Byron Shire.

 

The steps in developing a policy would include: a literature review, existing policy review, consultation as outlined, and a draft developed for public exhibition.

 

The proposed timeline for this development is 12 months and would include consultation with:

·        key stakeholder groups across the Shire

·        Northern Rivers Councils

·        key regional organisations such as regional galleries, Screenworks, Northern Rivers Writers Centre and Arts Northern Rivers.

 

Wider community consultation was recently undertaken as part of the Community Strategic Planning process and relevant data from the outcomes report would be used to inform the review. Public exhibition of the draft policy would also be scheduled.

 

Work would include understanding the areas of Council which are cultural development touch-points, for example cultural heritage, economic development (including tourism and events) and open spaces. Understanding how arts and culture are integrated throughout Council is important, such as infrastructure, community and lifestyle and where the growth and opportunities are.

 

Assessment of the appropriate role/s for Council would form part of the assessment of Council’s involvement in arts and cultural activity. Potential roles may include Council being an enabler, a leader, a host, a customer, a funder, an advocate, a partner and a provider.

 

Consultation is key to the development of a Policy, with the scope requiring agreement including:

 

·        Areas of performing arts, visual arts, creative industries, literature, cultural diversity, infrastructure and networks, marketing and promotion, resources and evaluation of outcomes.

·        Council’s role in relation to services, programs and activities.

·        The option for the Policy to lead to development of a Cultural Plan which will be a much larger piece of work and will require extensive work and consultation.

·        Clarification about the requirement for mapping of current arts and cultural activities in the Shire.

 

Ongoing budget to deliver activities and/ or support arts and cultural activities across the Shire will also need to be considered.

 

The Cultural Development Network Incorporated has done considerable work in partnership with Local Government Associations across Australia, including the NSW Local Government Association. The Network published a Guide for developing and maintaining an arts and cultural policy and has been refining measures for evaluating outcomes of cultural development activities.

 

The Network Guidelines for developing a Cultural Policy include:

·        Understanding the degree of integration and commitment to cultural development across Council activities;

·        Effective engagement with local communities;

·        Identifying the role of cultural development in improving the quality of life of the community; (relevant considering Council’s Wellbeing framework)

·        Acknowledging and celebrating diverse cultures and changing forms of creative expression;

·        Understanding the best use of resources; and

·        Providing a policy framework to provide greater certainty in the arts and cultural space.

 

Cultural Planning

 

The resolution refers to “an integrated approach to whole-of-Council planning for the arts and culture in Byron Shire” which suggests a larger planning task than what is proposed in the development of a policy above.

 

If a Cultural Plan is required, preliminary investigations in relation to Cultural Plans at other councils has identified that significant staff resourcing and cultural expertise is required.

 

As an example Tweed Shire Council has recently completed their new Cultural Plan. The Cultural Officer Tweed Shire Council spent 3 days per week for 4 months (excluding community consultation), developing their Cultural Plan. The consultation process prior to this 4-month plan development period consisted of 5 focus groups plus an ‘ethnic and cultural activities snapshot’.  A booklet was produced for information and people were encouraged to complete a survey. The project took approximately one year from start to finish.

 

At Great Lakes Shire Council, the Manager Cultural Services wrote the Cultural Plan full time for approximately 4 months. The project started with cultural mapping and development of a consultative report and communications strategy. Significant community consultation was undertaken to inform the Plan. Great Lakes cultural staff were utilised throughout the planning process.

 

Resourcing a Cultural Plan

 

If Council seeks to undertake a full cultural planning exercise, it is estimated that a consultant or contractor will be required for 12 months to undertake the work, along with additional budget for consultation and plan development activities.

 

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

 

Council has previously had a Cultural Plan (2008-13).

 

Financial Implications

 

An arts and cultural policy could be developed as described in this report within Council’s existing resources over a 12-month period.

 

If Council seeks to undertake a full cultural planning exercise, it is estimated that a consultant or contractor would be required for 12 months to undertake the work, along with additional budget for consultation and plan development activities. It is estimated that financial resourcing would be between $60,000 - $100,000 depending on the scope of the project.

 

Statutory and Policy Compliance Implications

 

Community Strategic Plan including Delivery Plan 2018 – 2020 and Operational Plan 2018/19.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Biodiversity Advisory Committee and Sustainability & Emissions Reduction Advisory Committee - Community Representatives

Directorate:                 Corporate and Community Services

Report Author:           Sharyn French, Manager Environmental and Economic Planning

David Royston-Jennings, Corporate Governance Officer

File No:                        I2018/1042

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

At its 19 April 2018 Ordinary Meeting, Council resolved to seek additional community members to the Biodiversity Advisory Committee and Sustainability and Emissions Reduction Advisory Committee. Nominations submitted for Council’s consideration are attached to this report.

 

  

 

RECOMMENDATION:

1.       That Council nominate up to Nicholas Hall and Margaret Greenway to the Biodiversity Advisory Committee.

 

2.       That Council nominate Anthony Pangallo to the Sustainability and Emissions Reduction Advisory Committee.

 

3.       That Council thank all nominees for their interest and time in submitting an Expression of Interest.

 

4.       That Council update the Constitutions for the Biodiversity and Sustainability and Emissions Reduction Advisory Committee’s as required to allow for additional membership subject to this resolution.

 

Attachments:

 

1        Confidential - Nominations for the Biodiversity Advisory Committee and Sustainability and Emissions Reduction Advisory Committee, E2018/59995  

 

 


 

Report

 

At its 19 April 2018 Ordinary Meeting, Council resolved (18-224 and 18-229) to seek additional community members to the Biodiversity Advisory Committee and Sustainability and Emissions Reduction Advisory Committee.

 

The purpose of the Biodiversity Advisory Committee is to assist Council in the development, implementation and review of relevant biodiversity plans and policies such as: Biodiversity Conservation Strategy, Integrated Pest Management Plan, Flying Fox Management Plan, Koala Plan of Management, Feral Animal Management Plan. This Committee also identifies and reports on opportunities or concerns regarding biodiversity issues to Council including, but not limited too, funding opportunities, special events, government policy, practice or guidelines.

 

Council’s Sustainability and Emissions Reduction Advisory Committee assists Council in the development, implementation and review of relevant sustainability and emissions reduction plans, policies and projects such as: Council’s 100% Emissions Reduction Strategy, renewable energy projects, local network trading and local network charges, carbon reporting and associated sustainability initiatives. This Committee also supports the community’s drive towards zero emissions and informs Council of opportunities and concerns regarding sustainability and emissions reduction issues.

 

Council extended the nomination period and re-advertised for expressions of interest for community representatives to these Advisory Committee’s, which closed on 12 July 2018.

 

This report has been prepared to allow Council to consider the nominations received, as contained in Confidential Attachment 1 (E2018/59995), and advise the Biodiversity Advisory Committee and the Sustainability and Emissions Reduction Advisory Committee of its additional community representatives as required.

 

The term for the appointed Community Representatives will be for the duration of the current term of Council.

 

Three nominations were received. Two for the Biodiversity Advisory Committee (BAC) and one for the Sustainability and Emissions Reduction Advisory Committee (SERAC):

·        Nicholas Hall (BAC)

·        Margaret Greenway (BAC)

·        Anthony Pangallo (SERAC)

 

Financial Implications

 

The advertisement seeking applications for community representatives, including Council boosting its associated post on social media platform Facebook, were undertaken within existing allocated resources.

 

Statutory and Policy Compliance Implications

 

The nomination of additional community representatives requires Council to update the Constitutions for each Committee as appropriate.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Section 355 Management Committees - resignations and appointments

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/1161

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report updates Council on recent resignations and proposed appointments to Section 355 committees.

 

  

 

RECOMMENDATION:

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

 

2.       That Liz Poynton be appointed to the Marvell Hall Management Committee.

 

3.       That Michael Dowd be appointed to the Bangalow A&I Hall Board of Management.

 

4.       That the resignation of Robyn Bolden from the Ocean Shores Community Centre Management Committee be accepted and a letter of thanks be provided.

 

 

Attachments:

 

1        Confidential attachment to report to Council - additional community members for Section 355 committee members, E2018/57231

 

 


 

Resignations and Committee appointments

 

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

 

Marvell Hall Byron Bay Management Committee

 

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

 

A resignation has also been received from Jay Pearse.

 

Current members of this Management Committee are:

 

Councillors

·        Cr Cate Coorey

·        Cr Jan Hackett (alternate)

 

Community Representatives

·        Jim Beatson (Chair)

·        Nancy English (Secretary)

·        Carline Lloyd (Co–bookings)

·        Maureen Lightfoot (Treasurer)

·        Margaret Robertson (Co- bookings)

·        Christine Willmot

 

Management Recommendation

That the resignation from Jay Pearse is accepted and a letter of thanks provided.

That Liz Poynton is appointed to the Marvell Hall Byron Bay Management Committee.

 

Bangalow A&I Hall Board of Management

 

Following a period of advertising for more committee members, a nomination has been received for the Bangalow A&I Hall Board of Management. Details of nominees can be found in Confidential Attachment 1.

 

Current members on this Board of Management are:

 

Councillors

·        Cr Cate Coorey

 

Community Representatives:

·        Tony Heeson (Chair)

·        Peta Heeson (Treasurer)

·        Roland Dickson (Vice Chair)

·        Don Osborne (Secretary)

·        Damon Lewis

·        John Hudson

·        Adrienne Lester

 

Management Recommendation: 

That Michael Dowd is appointed to the Bangalow A&I Hall Board of Management.

 

Ocean Shores Community Centre Management Committee

 

A resignation has been received from Robyn Bolden. Advertising has commenced to find additional members for this committee.

 

Current members of this Management Committee are:

 

Councillors

·        Cr Jeannette Martin

·        Cr Cate Coorey (alternate)

 

Community Representatives

·        Gail Fuller (Chair/ Bookings)

·        Wendy Smith (Treasurer)

·        Susan Cubis (Secretary)

 

Management Recommendation

That the resignation from Robyn Bolden is accepted and a letter of thanks be provided.

 

Financial Implications

 

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

 

Statutory and Policy Compliance Implications

 

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

 

3.2 Committee Membership

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

 

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

 

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


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           BSC ats Ardill Payne & Partners - 33 Kallaroo Circuit - Land and Environment Court Proceedings

Directorate:                 Corporate and Community Services

Report Author:           Ralph James, Legal Counsel

Patricia Docherty, Planner

File No:                        I2018/1261

Theme:                         Corporate Management

                                      Corporate Services

 

 

Summary:

 

On 13 November 2017, Development Application No.10.2017.639.1 (DA) was received by Council for the construction of a new dwelling house to create a dual occupancy (detached), alterations and additions to an existing dwelling house and a two (2) lot Strata subdivision of land at 33 Kallaroo Circuit, Ocean Shores.

 

On 1 February 2018 the applicant commenced proceedings (application) in Class 1 of the Land and Environment Court's jurisdiction against Councils deemed refusal of the DA.

 

On 22 February 2018 Council refused the DA.

 

The application is fixed for s 34AA conciliation and hearing on 6 and 7 August 2018.

The plans for the dual occupancy have been amended to address the reasons for refusal. Given the circumstances which are set out in full in the body of this report, delegation is sought for the General Manager to enter into a section 34 conciliation agreement or to go to a consent orders hearing as Council staff are of the opinion that Council’s contentions in the Land and Environment Court proceedings are addressed.

 

  

 

RECOMMENDATION:

That the General Manager be authorised to enter into consent orders or a s34 Conciliation Agreement approving Development Application 10.2017.639.1, subject to appropriate conditions to be finalised under delegation.

 

Attachments:

 

1        Amended Plans Proposed development 26.06.2018.pdf, E2018/57859

2        Amended - Clause 4.6 variation (June 2018).pdf, E2018/57860

3        Without Prejudice Conditions of Consent 10.2017.639.1 Ardill ~ 33 Kallaroo Circuit, Ocean Shores.pdf, E2018/57865

 

 


 

Report

 

On 13 November 2017, Development Application No.10.2017.639.1 (DA) was received by Council for the construction of a new dwelling house to create a dual occupancy (detached), alterations and additions to an existing dwelling house and a two (2) lot Strata subdivision of land at 33 Kallaroo Circuit, Ocean Shores.

 

The DA was publically notified to adjoining and nearby residents between 30 November 2017 and 13 December 2017. Council received one (1) submission.

 

The DA proposes integrated development that requires a Bushfire Safety Authority under section 1008 of the Rural Fires Act 1997.

 

On 22 December 2017, Council sent the following correspondence to advise the Applicant that they had the option to withdraw the DA or it will proceed to be recommended for refusal:

 

A similar application for development of the site has previously been refused (Development Application No. 10.2016.844.1). Whilst Development Application No. 10.2017.639.1 partly addresses some of the reasons for refusal in relation to landscaping and private open space, it is considered that it does not  address  all reasons for refusal.

 

The application does not adequately justify variation to a development standard for minimum lot size and the development has not been redesigned to address (or] reduce the overall layout and footprint of the dwelling resulting in overdevelopment of the site and stacked parking and insufficient driveway access.

 

It is recommended that Development Application No.10.2017.639.1 be withdrawn by the Applicant in the next 28 days;

 

or

 

Council  will proceed  to refuse  Development Application  No.  10.2017.639 pursuant to Section 80 the Environmental Planning & Assessment Act 1979.

 

Please note that the refund amount for a withdrawal reduces with time taken to advise Council that you are withdrawing the application.

 

The Applicant responded on 9 January 2018 to advise that they would not withdraw the DA.

 

The DA was recommended for refusal by Council Officers. The DA was reported to Council on 22 February 2018 where Council resolved to refuse the development application.

 

Resolved that pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application .10.2017.639.1 for construction of a new dwelling house to create a dual occupancy (detached), alterations and additions to existing dwelling house and two (2) lot strata subdivision of land, be Refused for following reasons:

REASONS FOR REFUSAL:

a)      Pursuant to Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with clause 4.1E of Byron Local Environmental Plan 2014, which sets an 800m2 minimum lot size for dual occupancies (detached) in the R2 Low Density Residential Zone.

 

b)      Pursuant to Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with clause 4.1of Byron Local Environmental Plan 2014, which sets a 600m2 minimum lot size for new lots.

 

c)      Pursuant to Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the written request accompanying the proposed development fails to comply with clause 4.6 of Byron Local Environmental Plan 2014. Insufficient justification has been provided to demonstrate that compliance with development standards is unreasonable or unnecessary or that there are sufficient environmental planning grounds to justify contravening the standard’ or that proposed development is in the public interest.

 

d)      Pursuant to Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with clause 6.6 of Byron Local Environmental Plan 2014, which requires development consent must not be granted to a development unless suitable vehicular access has been provided.  The driveway width for the rear dwelling does not meet obstruction clearance requirements in accordance with Australian Standards AS2890.1.

 

e)      Pursuant to Section 79C (1) (a) (iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with Chapter B9 Landscaping of Byron Development Control Plan 2014. The proposal does not comply with the objectives of Part B9.5 Dual Occupancies and Semi Detached Dwellings. Landscape principles to provide a pleasant environment for enjoyment of occupants of each dwelling – lack of deep soil planting in rear yard for use by existing property.

 

f)       Pursuant to Section 79C (1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with Chapter D1 Residential Accommodation in Urban, Village and Special Purpose Zones of Byron Development Control Plan 2014. Private open space for the existing dwelling comprises a minimal sized fenced area (34 m²) bound by a driveway on two sides. Insufficient information has been provided to demonstrate how the proposed development can meet the objectives of Part D1.5.4 Private Open Space, privacy fence on a front boundary cannot be supported under Part D.1.2.5; and Part D1.5.2 DCP Character principles – does not provide adequate private open space – conflicts with proposed rear privacy fence, driveway width and interface with vehicles.

 

g)      Pursuant to Section 79C (1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access of Byron Development Control Plan 2014 in relation to the provision of stacked car parking for both dwellings.  Fails to demonstrate it will not adversely affect the use of private open space and width of driveway not meeting obstruction clearance requirements in accordance with Australian Standards AS2890.1.

 

h)      Pursuant to the provisions of Section 79C (1)(c) of the Environmental Planning and Assessment Act 1979, the site is not considered suitable for the development as proposed, as there is insufficient area to accommodate the proposed three bedroom dwelling and associated vehicle access, resulting in an overdevelopment of the site.

 

i)        Pursuant to the provisions of Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, approval of a development which contravenes Council’s adopted development standards and development controls without sufficient justification may set an undesirable precedent and is not in the public interest. Options for an alternative design may exist to achieve better outcomes in relation to private open space, landscaping, fencing vehicle access, and car parking.

 

The Notice of Determination was issued on 27 February 2018.

The proposal

 

The proposal involves the construction of a new dwelling house and alterations and additions to an existing dwelling house on the site to create a dual occupancy (detached) and two lot strata subdivision resulting in two (2) dwelling houses on separate lots.

 

Specifically, the proposal involves the following work:

 

·        Alterations and additions to an existing single storey dwelling house:

 

o   Partial demolition of an attached double garage involving relocation of the garage wall for the purposes of creating a 3,010 mm wide vehicular driveway to the rear of the lot;

 

o   A clearance width of not more than 2,500 mm between the eaves of the dwelling house and the eastern boundary fence; and

 

o   Enclosure of the existing outdoor patio area approximately 34 m² with 1,800 mm privacy fencing  on two (2) sides  east and north, immediately adjoining vehicle access driveway and maneuvering areas for the proposed single story detached dwelling house.

 

•        Erection of a single storey detached dwelling house with a gross floor area of 126.66 m² comprising the following:

 

o   Three (3) bedrooms, two (2) bathrooms, lounge, dining and kitchen area and a laundry;

 

o   Rear at grade car-port and car space in stacked parking arrangement behind the existing single storey dwelling house; and

 

o   Vehicular access to the rear of the lot via 3,010 mm wide vehicular driveway from Kallaroo Circuit with a maximum clearance of 2,500 mm between the eves of the existing dwelling house and boundary fence.

 

The site

 

The subject site is a 760.7 m²  residential allotment, legally described as Lot 2083 DP 808462, known as 33 Kallaroo Circuit, Ocean Shores.

 

The subject site is rectangular in shape, with a width of 20m and a maximum depth of 38.31 m. The level of the site generally falls to the street from 4.7 m on the rear boundary to 4.1 m on the street frontage.

 

The site has a street frontage and a driveway cross over to the local road to Kallaroo Circuit. There is no vehicular access immediately from the rear.

 

Existing on the site is a single storey dwelling house with attached two (2) car garage and driveway access from Kallaroo Circuit.

 

 

Figure 1: Aerial image from Council’s GIS (2015)

 

 

Figure 2: Existing dwelling looking north from Kallaroo Circuit (centre frame). The double garage to be reduced to a single garage with a new driveway down the eastern boundary.

 

The locality

 

Located immediately to the north of the proposed development is a Council owned reserve, being Lot 19 in DP 872205.

 

Both adjoining lots to the east and west contain residential dwellings.

 

The east of the site adjoins the side boundary of a residential allotment with a site area of 884.1 m², legally described as Lot 2082 in DP 808462.

 

The west of the site adjoins the side boundary of a residential allotment with a site area of 771.7 m², legally described as Lot 2084 in DP 808462.

 

The south of the site has frontage onto the local road, Kallaroo Circuit, and is directly opposite the intersection with Kanda Court, a cul-de-sac that provides access to eleven (11) residential allotments, legally described as Lots 2091-2101 in DP 808462.

 

In summary, the site is located in an established low density residential area in the suburb of Ocean Shores. Surrounding properties comprise of single dwellings with the exception of the adjoining Council reserve located immediately to the north of the site.

 

Land and Environment Court proceedings

 

On 1 February 2018 the applicant made application to the court Class 1 of each jurisdiction appealing against Councils deemed refusal of the DA.

 

The application is a residential development appeal as it concerns detached single dwellings and dual occupancies (including subdivision), or alterations or additions to such dwellings or dual occupancies. 

Residential development appeals are required to be dealt with by a special, streamlined conciliation and adjudication process under s 34AA of the Land and Environment Court Act. This involves the usual conciliation process (see below) but with two important differences. 

First, the Court must arrange a conciliation conference for residential development appeals.

Second, if the parties are not able to agree about the substantive outcome at the conciliation conference, the conciliation commissioner or registrar must terminate the conciliation conference and immediately proceed to adjudicate and dispose of the proceedings, either after a hearing held immediately or, if the parties consent, on the basis of what has occurred at the conciliation conference. The parties do not have the option of having the proceedings return to the Court to be heard by a different commissioner or judge.

The application is fixed for a s 34AA conciliation and hearing on Monday 6 and Tuesday 7 August 2018.

On 23 March 2018 Council filed its Contentions in respect of the application. Council contended that the DA should be refused on the following grounds:

 

Minimum subdivision lot size

 

The proposed development does not comply with the minimum lot size for subdivision in Clause 4.1 of BLEP 2014.

 

Minimum lot size for dual occupancy development

 

The proposed development does not comply with the minimum lot size for dual occupancy development in Clause 4.1 E of BLEP 2014.

 

Essential services - vehicular access and stacked parking

 

The proposed development does not comply with Clause 6.6 Essential Services of BLEP 2014, which provides that development consent must not be granted to a development unless suitable vehicular access has been provided.

 

Stormwater drainage

 

Insufficient information has been provided to demonstrate that the new residence can drain to the street.

 

Landscape principles

 

The proposed development does not provide adequate landscaping and does not comply with BDCP 2014 Chapter 89, Landscaping, Part 89.5 Dual Occupancies and Semi Detached Dwellings.

 

Character

 

The proposed development is inconsistent with the character of the locality.

 

Private open space

 

The private open space to be provided by the proposed development is inadequate and does  not does  not  comply with BOCP 2014, Chapter 01 Residential Accommodation in Urban, Village and Special Purpose Zones with regards to private open space principles.

 

Over development of the site

 

The site is not considered suitable for the development as proposed.

 

Precedent

 

The proposed development contravenes Council's adopted development standards and development controls without sufficient justification and the approval of the proposed development will set a precedent for similarly inappropriate development on land zoned low density residential.

 

Public interest

 

The proposed development is not in the public interest having regard to the contentions raised above and the submission received in relation to the proposed development.

 

Joint conferencing of experts

 

As part of its Case Management processes the Court gave directions for conferencing between Council’s and the applicant’s experts in the town planning, access engineering and drainage engineering.

 

The amended proposal

 

Following multiple iterations and revisions through mediation between the applicant’s and Council’s nominated expert witnesses in relation to engineering and planning matters Council has received the attached revised plans and Clause 4.6 Variation Request. The applicant has agreed to the following amendments:

 

 

1.   The proposed development plans have been amended, as follows:

 

a.   Removal of strata subdivision boundaries

b.   Removal of stacked parking

c.   Driveway and manoeuvring areas improved by increasing the turning areas and ensuring that no vertical obstructions will be constructed to the side of the realigned garage wall

d.   Roof and windows amended to improve solar access to the dwelling to be constructed at the rear

e.   Increased building separation addresses solar access, privacy and general amenity for both dwellings

f.    Front garage door relocated and on-site parking, driveway arrangements improved with space for landscape screening in the front set back

g.   Landscaping and private open space for both dwellings improved with suitable courtyard areas accessible from living areas and improved distribution of deep soil planting

 

2.   The description of the proposal now seeks consent for 'Alterations and additions to existing dwelling house and construction of a dwelling house to create dual occupancy (detached)' meaning that strata subdivision no longer forms part of the application. 

 

Note.  As a result of withdrawing the strata subdivision, the amended description of the development will affect the bushfire assessment, originally applied for as integrated development. 100B special fire purpose approval was granted by RFS due to the proposed subdivision.  Any determination would need to be granted in accordance with Section 79BA of the Act.

 

3.   The applicant has prepared an amended application pursuant to Clause 4.6 to vary the Clause 4.1E development standard, which now satisfactorily addresses the matters Council is required to consider under its delegations by the Secretary. The applicant has submitted a variation should be granted for the following reasons:

 

The particular environmental planning grounds to justify contravening the minimum lot size development standard:

 

·    is not contrary to the objects of the EP & A Act 1979 (per Section 1.3)

·    is not contrary to the aims of the BLEP 2014 (per Clause 1.2)

·    is permitted with consent in and is consistent with the objectives of the R2 zone

·    is not contrary to the objective of Clause 4.1E of the BLEP 2014

·    is such that will attain the principles of affordable housing, in that dual occupancies are considered to comprise and provide affordable housing stock

·    is not contrary to the best public interest

 

It is considered that there are sufficient environmental planning grounds to justify contravening the minimum lot size development standard for the following additional reasons, particular to the proposal and the site:

 

·    The proposal is for a single storey dwelling that will result in 2 x single storey dwellings being located on the property

·    The proposed Floor Space Ratio is only 0.3:1

·    The proposed dwelling effectively fronts a public reserve to the rear

·    The   proposal   does   not   result   in   any   amenity   impacts   for surrounding properties in terms of privacy, overshadowing and bulk and scale.

·    The proposal provides greater deep soil areas then required by the DCP (190m² required where 280m² is proposed). Additionally, considering that the minimum lot size for a Dual Occupancy in the R2 zone is 800m², it would reasonable to require that the minimum amount of deep soil should in fact be 200m² which this proposal is in full compliance with.

·    The proposal provides greater private open space then what is required by the DCP for both dwellings (30m² required where 44m² proposed for dwelling 1 and 60+m² for proposed dwelling 2).

 

The proposal demonstrates the environmental planning grounds to justify a variation to the Clause 4.1E development standard of 800 m².

 

 

Council’s contentions in the proceedings

 

It is considered that the documents and amended proposal satisfactorily address all contentions and reasons for refusal of DA 10.2017.639.1, subject to recommended conditions of consent, attached. 

 

1.   Non Compliance with Clause 4.1 of Byron LEP 2014

 

As a result of subsequent amendments to Byron LEP 2014 by the Department of Planning in relation to Minimum lot sizes for strata subdivision, Councils contentions and reasons for refusal in the first instance fall away, as follows:

 

Byron LEP 2014 was amended by the Department of Planning with a statewide amendment to the Standard instrument on 20 April 2018. The Clause now states:

 

Byron Local Environmental Plan 2014

4.1   Minimum subdivision lot size

(1)  The objectives of this clause are as follows:

(a)  to ensure that lot sizes are compatible with local environmental values and constraints,

(b)  to facilitate efficient use of land resources for residential and other human purposes.

(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 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.

 

In this regard sub-clause 4 excludes compliance with the minimum lot size map provisions of 600 m² in relation to strata subdivision whether sought as part of a development application or not.    .  It is the intention of the applicant to pursue strata subdivision after the building is constructed under exempt development provisions.  This contention therefore no longer exists.

 

2.   Minimum lot size for dual occupancy development

 

The proposed development does not comply with the minimum lot size for dual occupancy development in Clause 4.1 E of BLEP 2014.

 

The applicant has prepared an amended Clause 4.6 Variation request that satisfactorily address the 4.9% variation to the minimum lot size required for dual occupancies that is justifiable in relation to the amended plans and documents received and agreed through mediation.  It is considered that there are sufficient environmental planning grounds to justify contravening the minimum lot size development standard for the additional reasons, particular to the proposal and the site.

 

3.   Essential services -  vehicular access and stacked parking

 

The amended development proposal now complies with Clause 6.6 Essential Services of BLEP 2014, which provides that development must provide suitable vehicular access has been provided. All stacked parking has been removed.

 

4.   Stormwater drainage

 

Sufficient information has now been provided to the satisfaction of Councils engineer to demonstrate that the new residence can drain stormwater to the street.

 

5.   Landscape principles

 

The amended layout now provides adequate landscaping for both dwellings in accordance with BDCP 2014 Chapter B9, Landscaping, Part B9.5 Dual Occupancies and Semi Detached Dwellings.

 

6.   Character

 

The amended development layout provides for access, landscaping and open space that is more consistent with the character of the locality.

 

7.   Private open space

 

The quality and functionality of private open space to be provided by the proposed development is significantly improved to comply with BDCP 2014, Chapter D1 Residential Accommodation in Urban, Village and Special Purpose Zones with regards to private open space principles.

 

8.   Over development of the site

 

The amendments to the layout are considered to reduce the impacts of the development through improved building separation, solar access, privacy and general amenity for both dwellings.  The site is considered suitable for the development as amended.

 

Financial Implications

 

The estimated professional legal costs of defending the appeal is $25,000 excluding GST, assuming that the hearing in the matter only takes 2 days. If the hearing takes longer the legal costs will be higher.

 

As Council’s experts in the proceedings are internal staff there will be no expert witness fees.

 

Statutory and Policy Compliance Implications

 

Conciliation in the Court is undertaken in accordance with Section 34 of the Court Act (otherwise known as a Section 34 Conference).

 

Section 34 Conferences, as articulated by the Chief Judge in (2008) 19 ADRJ 72, provide: “for a combined or hybrid dispute resolution process involving first, conciliation and then, if the parties agree, adjudication. The conciliation involves a Commissioner with technical expertise on issues relevant to the case acting as a conciliator in a conference between the parties. The conciliator facilitates negotiation between the parties with a view to their achieving agreement as to the resolution of the dispute. If the parties are able to reach agreement, the conciliator, being a Commissioner of the Court, is able to dispose of the proceedings in accordance with the parties’ agreement.”

 

The Court’s practice note encourages parties to consider using Section 34 Conferences to resolve disputes or narrow the scope of issues in dispute. The parties should properly prepare for each conference with this purpose in mind.

 

In accordance with Section 34(1A) of the Court Act it is the duty of each party to proceedings where a conciliation conference has been arranged to participate, in good faith, in the conciliation conference.

 

Conciliation Agreement/Consent Orders

 

The differences between finalising the Court proceedings via a Conciliation Agreement compared to Consent Orders are as follows:

 

1.    A Conciliation Agreement is between Council and the applicant ie Council stays the determining authority.

 

Use of a Conciliation Agreement would bring the Court cases to an end immediately and without the need for Council to include any expert witness costs or any legal costs beyond the minor costs associated with finalising the Conciliation Agreement.

 

2.    Consent Orders are Orders issued by the Court by agreement ie the Court becomes the determining authority and has the power to refuse to issue the orders the parties are asking for and/or to make different orders instead. With a Consent Orders hearing, everything, including the proposed conditions, is open to the Court to finally determine and, for example, a Commissioner might disagree with proposed conditions and issue orders with different conditions.

 

Because the Court becomes the determining authority, Consent Orders will not be entered by the Court without a hearing. That means a hearing would need to be held (usually commencing on-site then adjourning to a local Court house) and solicitors, expert witnesses and people who lodged an objection who wished to make a verbal submission to the hearing would have to attend, and Council would incur the associated legal and witnesses costs. 

 

Usually, Consent Orders Hearing are shorter than defended hearings, often only 2 - 4 hours instead of the minimum full day hearing or more, but the hearing still needs to be prepared for and attended, just like a defended hearing would be, which means that the vast majority of the costs are still incurred.

 

Due to the reduced certainty and the higher costs, this is usually not the option recommended by staff for disposal of the court cases where Conciliation Agreement option is still available, as is the case here.   


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Council Investments June 2018

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/1282

Theme:                         Corporate Management

                                      Financial Services

 

 

 

Summary:

 

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

 

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

 

  

 

RECOMMENDATION:

That the report listing Council’s investments and overall cash position as at 30 June 2018 be noted.

 

 

 

 


 

Report:

 

In relation to the investment portfolio for the month of June 2018, Council has continued to maintain a diversified portfolio of investments. At 30 June 2018, the average 90 day bank bill rate (BBSW) for the month of June was 2.07%. Council’s performance to 30 June 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 30 June 2018:

 

Schedule of Investments held as at 30 June 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%

655,144.56

 

24/03/17

1,000,000

NAB Social Bond (Gender Equality)

P

AA-

24/03/22

N

B

3.25%

1,017,387.17

31/03/17

1,000,000

CBA Climate Bond

P

AA-

31/03/22

N

FRN

3.25%

1,000,000.00

16/11/17

750,000

Bank of Queensland

P

BBB+

16/11/21

N

FRN

2.63%

750,000.00

02/01/18

2,000,000

ME Bank

P

BBB

04/07/18

Y

TD

2.55%

2,000,000.00

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

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

Police Credit Union Limited (SA)

P

NR

15/08/18

Y

TD

2.61%

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

06/03/18

2,000,000

My State Bank

P

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

P

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

P

AA-

16/07/18

N

TD

2.58%

1,000,000.00

16/03/18

1,000,000

The Capricornian Credit Union

P

NR

17/09/18

U

TD

2.80%

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 Bank

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

P

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 Bank

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

01/06/18

1,000,000

Suncorp

Y

A

30/08/18

Y

TD

2.65%

1,000,000.00

01/06/18

1,000,000

Police Credit Union Limited (SA)

N

NR

21/09/18

Y

TD

2.82%

1,000,000.00

05/06/18

1,000,000

NAB

N

AA-

03/10/18

N

TD

2.70%

1,000,000.00

08/06/18

2,000,000

ME Bank

N

BBB

07/12/18

Y

TD

2.84%

2,000,000.00

08/06/18

1,000,000

Suncorp

N

A

09/10/18

Y

TD

2.82%

1,000,000.00

12/06/18

1,000,000

Bankwest

N

AA-

12/09/18

N

TD

2.70%

1,000,000.00

14/06/18

2,000,000

Suncorp

N

A

12/09/18

Y

TD

2.75%

2,000,000.00

15/06/18

1,000,000

Suncorp

N

A

15/10/18

Y

TD

2.80%

1,000,000.00

18/06/18

2,000,000

Beyond Bank

N

BBB

18/12/18

Y

TD

2.75%

2,000,000.00

18/06/18

1,000,000

Gateway Credit Union

N

NR

18/12/18

Y

TD

2.90%

1,000,000.00

26/06/18

1,000,000

Bankwest

N

AA-

24/06/18

N

TD

2.80%

1,000,000.00

N/A

3,075,625

CBA Business Online Saver

N

A

N/A

N

CALL

1.40%

3,075,625.12

 

12/01/18

1,008,820

NSW Treasury Corp

N

AAA

N/A

Y

CALL

1.60%

1,008,820.41

Total

76,484,445                                                                                                                                                                             

 

 

 

 

 

AVG

2.60%

76,506,977.26

 

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 Council’s website via the following link:

 

https://www.byron.nsw.gov.au/Council/Your-right-to-Council-information/Policies?dlv_OC%20CL%20Public%20DocLib%20Relative=(pageindex=6)

 

 

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

 

Dissection of Council Investment Portfolio as at 30 June 2018

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

69,000,000.00

Term Deposits

69,000,000.00

0.00

2,400,000.00

Floating Rate Note

2,405,144.56

5,144.56

3,075,625.12

Business On-Line Saver (At Call)

3,075,625.12

0.00

1,008,820.41

NSW Treasury Corp (T Corp)

1,008,820.41

0.00

1,000,000.00

Bonds

1,017,387.17

17,387.17

76,484,445.53

 

76,506,977.26

22,531.73

 

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 June 2018 on a current market value basis. 

 

Movement in Investment Portfolio – 30 June 2018

Item

Current Market  Value (at end of month) $

Opening Balance at 1 June 2018

75,997,698.45

Add: New Investments Purchased

14,000,000.00

Add: Call Account Additions

2,500,000.00

Add: Interest from Call Account

0.00

Less: Investments Matured

16,000,000.00

Add: T Corp Additions

0.00

Add: Interest from T Corp

1,490.14

Less: Call Account Redemption

0.00

Add: Fair Value Movement for period

7,788.67

 

Closing Balance at 30 June 2018

76,506,977.26

 

Investments Maturities and Returns – June 2018

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

1,000,000

NAB

TD

05/06/18

92

2.54%

6,402.20

2,000,000

ME Bank

TD

08/06/18

182

2.55%

25,430.14

2,000,000

My State Bank

TD

08/06/18

182

2.65%

26,427.40

1,000,000

Bank of Queensland

TD

12/06/18

151

2.55%

10,549.32

1,000,000

Bankwest

TD

12/06/18

151

2.55%

10,549.32

1,000,000

Bankwest

TD

15/06/18

120

2.50%

8,219.18

1,000,000

Auswide Bank

TD

15/06/18

92

2.51%

6,326.58

1,000,000

The Capricornian

TD

15/06/18

92

2.55%

6,427.40

2,000,000

Beyond Bank Australia

TD

18/06/18

131

2.50%

18,082.19

1,000,000

Gateway Credit Union

TD

18/06/18

122

2.45%

8,189.04

2,000,000

Credit Union Australia

TD

19/06/18

182

2.60%

25,928.77

1,000,000

Bankwest

TD

26/06/18

90

2.50%

6,164.38

16,000,000

 

 

 

 

 

158,695.92

         

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

 

Dissection of Council Cash Position as at 30 June 2018

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

69,000,000.00

69,000,000.00

0.00

Floating Rate Note

2,400,000.00

2,405,144.56

5,144.56

Business On-Line Saver (At Call)

3,075,625.12

3,075,625.12

0.00

NSW Treasury Corp (T Corp)

1,008,820.41

1,008,820.41

0.00

Bonds

1,000,000.00

1,017,387.17

17,387.17

Total Investment Portfolio

76,484,445.53

76,506,977.26

22,531.73

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

1,781,201.56

1,781,201.56

  0.00

Total Cash at Bank

1,781,201.56

1,781,201.56

  0.00

 

 

 

 

Total Cash Position

78,265,647.09

78,288,178.82

22,531.73

 

Financial Implications

 

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

 

Statutory and Policy Compliance Implications

 

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

 

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

 

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

 

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

 

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

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.9

 

 

Report No. 13.9           Implementation of Resolution 18-308 - Tweed Street Masterplan

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/1284

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

Council at its Ordinary Meeting held on 24 May 2018 resolved (RES 18-308) to proceed with smaller projects in Tweed Street utilising existing budgets where available and for possible funding sources to be brought to the Extraordinary Meeting on 28 June 2018.

 

The funding sources were not included in the draft and subsequently adopted 2018-2019 Budget Estimates considered at the 28 June 2018 Meeting. This report is provided to Council to consider funding for inclusion in the 2018-2019 Budget Estimates.

 

 

  

 

RECOMMENDATION:

That Council allocate $94,700 for Tweed Street Projects in the 2018-2019 Budget with funding provided from the sources identified in the financial implications section of this report.

 

 

 

 

 

 


 

Report

 

Council at its Ordinary Meeting held on 24 May 2018 resolved (RES 18-308) to be provided with a report on available and possible funding sources for the progression of smaller projects in Tweed Street such as pocket parks or landscaping.

 

This report is provided to Council to consider and approve available funding for inclusion in the 2018-2019 Budget Estimates should Council wish to proceed as provided in Resolution 18-308 part 2.

 

Specifically Resolution 18-308 detailed the following:

 

1.         That Council note the current status of the Tweed Street Master Plan project.

 

2.         That Council proceeds with smaller projects in Tweed Street in the short term, such as pocket parks and landscaping utilising existing budgets where available and possible funding sources (to be brought to the Extraordinary meeting on 28 June).

 

3.         That the Tweed Street Master Plan as a stand-alone project be put on hold until the Brunswick Heads Master Plan and associated Access and Movement Strategy have been developed, noting that the works undertaken and plans developed for the Tweed Street Master Plan will be supplied as supporting information to the consultant tasked with preparing the Brunswick Heads Master Plan and associated Access and Movement Strategy.

 

The 2018-2019 Budget Estimates were submitted to Council at the Extraordinary Meeting held on 28 June 2018 for adoption in conjunction with the Delivery Program and Operational Plan documents. 

 

The implications of Council Resolutions that had impacts on the Draft 2018-2019 Budget during the public exhibition period (that closed on 15 June 2018) were provided on pages 48 to 50 to Report 4.2 to that Agenda. 

 

It is noted that Report 4.2 did not include any information in respect of Resolution 18-308. This report now provides for Council to consider funding options.

 

Financial Implications

 

The current 2018-2019 Budget does not contain any funding to progress smaller project works in Tweed Street in the short term.

 

However, Section 94 funds are available that Council could include in the 2018-2019 Budget from the following sources:

 

1.       $66,200 – Open Space Contribution Plan (Tweed Street Master Plan)

2.       $13,300 – Civic and Urban Improvements Contribution Plan (Tweed Street)

 

It should be noted that the Open Space Contribution Plans is growing at the rate of approximately $4,500 annually whilst there is no predicted growth in the Civic and Urban Improvements Contributions Plan.

 

Utilising the Tweed Street Section 94 funds now for the purpose of small landscape zones will remove Council’s ability to provide funding support in any future grant application for a larger scale project.

 

In addition, to the identified Section 94 funding, there is currently $15,200 from the 2017-2018 Budget available to complete the design and community consultation that remains unspent and will be proposed for reservation in the Infrastructure Carryover Reserve as part of the 30 June 2018 Quarterly Budget Review to be presented to the Finance Advisory Committee Meeting to be held on 16 August 2018 and the Ordinary Council Meeting to be held on 23 August 2018.

 

Given the consequence of Resolution 18-308 part 3, Council could also reallocate these funds toward the small pocket park and landscape works by utilising these funds to determine the appropriate works to be undertaken and to complete associated design work for implementation.

 

Should Council wish to proceed on this basis, it would need to include the provision of $94,700 in the 2018-2019 Budget Estimates by Resolution with funding sources as identified in this report that represents the current available funding.

 

Alternatively if Council does not wish to proceed with Resolution 18-308 part 2, an alternative recommendation to the staff recommendation in this report would be required.

 

Statutory and Policy Compliance Implications

 

Regulation 211 of the Local Government Regulation (2005) identifies:

 

211   Authorisation of expenditure

 

(1)     A council, or a person purporting to act on behalf of a council, must not incur a liability for the expenditure of money unless the council at the annual meeting held in accordance with subclause

(2)     or at a later ordinary meeting:

(a)     has approved the expenditure, and

(b)     has voted the money necessary to meet the expenditure.

(3)     A council must each year hold a meeting for the purpose of approving expenditure and voting money.

 

Council Resolution 18-111 part 5 identified Council’s position that no expenditure is to be incurred without budget as follows:

 

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


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.10

 

 

Report No. 13.10         Amendment of General Managers Delegation in respect of Legal Proceedings

Directorate:                 Corporate and Community Services

Report Author:           Ralph James, Legal Counsel

File No:                        I2018/1287

Theme:                         Corporate Management

                                      Corporate Services

 

 

Summary:

 

This report has been prepared to allow Council to consider and confirm the Instrument of Delegation from Council to the General Manager.

 

Following the appointment on 2 July 2018 of the General Manager, it was considered appropriate that there be a form of restriction or guidance concerning legal proceedings in which Council is a party.

 

It is considered that the limit of authority delegated to the General Manager, concerning legal proceedings, ought be consistent irrespective of whether Council’s involvement is as the commencing or defending party.

 

 

  

 

RECOMMENDATION:

That Council revoke its previous delegations to the General Manager and adopt Instrument of Delegation to the General Manager as per attachment 1 (E2018/56586)

 

 

 

Attachments:

 

1        Instrument of Delegation to the General Manager , E2018/56586

 

 


 

Report

 

Power to delegate

 

All Councils delegate a large number of powers and duties to their General Manager in order

to carry out all the Council’s functions and powers.

 

Many of the powers and functions require responsiveness within statutory time frames as

well as practical expectations. For this reason, the system of delegations and authorisations

provides for the officers of Council to execute the powers and functions of Council within a

clearly defined framework of authority. Conditions may be placed upon any of the powers

being delegated.

 

       Section 377 of the Local Government Act provides that a council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than specific matters which are set out in the section.

 

       Section 378 of the Local Government Act provides that the general manager may delegate any of the functions of the general manager, other than this power of delegation and may sub-delegate a function delegated to the general manager by the council to any person or body (including another employee of the council).

 

       By an Instrument of delegation Council authorises the exercise of specific powers, authorities, duties and functions. These are set out in the Schedule to the Instrument of delegation.

 

       Where the authority to exercise powers, authorities, duties and functions is to be amended in any way the appropriate course is to revoke previous delegations of powers, authorities, duties and functions and to adopt a fresh Instrument of delegation.

 

       Council’s Legal Services Team

 

Council sources all of its legal advices and conducts all of its legal proceedings, other than those involving staff personnel matters, through its internal Legal Services Team.

 

Council’s Legal Services Team has been operational since 2 February 2015. The team was created as part of an organisational restructure, and comprises the Legal Counsel, the Solicitor (both of whom are admitted to practice in New South Wales) and the Legal Services Support Officer.

 

The team sits within Council’s Corporate and Community Services Directorate.

 

Between 2 February 2015 and 21 July 2016 the team reported to the General Manager through the Manager Governance (now Corporate) Services. Since 22 July 2016 the team has reported to the General Manager directly through the Director Corporate and Community Services.

 

The work of the team includes the provision of professional advice across Council, court appearances and instructing Council’s external solicitors.

 

On 22 February 2018 Council resolved to award Tender 2017-0054 for Provision of Legal Services to the following tenderers:

 

·        HWL Ebsworth Lawyers

·        Marsdens Law Group

·        McCabes Lawyers

·    Swaab Attorneys

 

Delegated authority concerning legal proceedings

 

Since (at least) 2008 until November 2017 the authority delegated by Council to the General Manager in respect of legal proceedings was in the following terms:

 

(c)     to take such actions and do such acts and things (not inconsistent with the Act or any Act, ordnance, regulation, or by law conferring powers or imposing duties on the Council or with any resolution or minute which has been passed or adopted by the Council) as he deems necessary to generally manage, control and administer the affairs of the Council including exercise of the powers and discretions of the Council and performance of its duties.

 

Without limiting the generality of the provisions of the aforesaid, to lay Informations and initiate and prosecute legal actions in relation to any breach of any Act, ordinance, regulation or by-law administered in whole or in part by Council and to authorise at his/her discretion specific persons to lay Informations before a court of law and to obtain legal advice (within the sums voted by Council for that purpose) as and when the General Manager deems it necessary so to do.

 

At its Ordinary Meeting on 21 September 2017 Council received a report concerning delegations.

 

Council resolved as follows concerning the General Manager’s delegation in respect of legal proceedings:

 

Commencement of legal proceedings

 

Delegation to commence legal proceedings is limited to those proceedings in which Council’s solicitors estimate, in writing, that the legal costs for the proceedings will be less than $50,000.

 

Settlement of legal proceedings

The delegations do not include:

·        Power to settle legal proceedings for payment of less than 50% of Council’s original or amended claim.

·        Power to enter into consent orders in the Land and Environment Court in relation to development for which the General Manager would not otherwise be able to grant consent under delegation.

Council’s delegated authority was not implemented until November 2017 when the Instrument of delegation was signed by both the Mayor and the General Manager.

 

There is consistency between the pre-and post 21 September 2017 delegations concerning legal proceedings, in that, any limitation on the General Manager’s delegated authority applies only the commencement of legal proceedings.

 

Commencement of action is the formal procedure by which legal proceedings are initiated. 

Legal proceedings are usually commenced by the filing of a summons, statement of claim or an application. These are called the originating process. 

Parties who commence proceedings are required to serve a copy of the originating process on all the defendants. I​​​f served with originating process a Defendant must file a defence.

 

Commencement of proceedings and defence of proceedings once commenced, are separate and distinct phases of legal proceedings.

 

Reporting of legal proceedings

 

All legal proceedings, whether commenced or defended by Council, are reported to both the Executive Team and the Councillors, on a monthly basis via the Legal Services Status Report.

That report sets out the nature and status (at the time of the report) of the proceedings together with the costs expended in respect of the proceedings up to the date of the report.

 

Some legal proceedings are also reported to both the Executive Team and the Councillors by Memorandum outside of the Legal Services Status Report framework.

 

The following table sets out the proceedings instituted or defended by Council since November 2017 (the date on which the 21 September 2017 delegations were implemented), the date on which they were reported to Councillors, the original cost estimate and the current costs expenditure.

 

Proceedings instituted by Council

 

Local Court

Matter

Reported to Councillors

Costs Estimate

Actual Costs

Lewis

January 2018, February 2018

Internal

Nil

Davies

February 2018, March 2018

Internal

Nil

Nabors

February 2018, March 2018, April 2018, May 2018, June 2018

$3,500 (Counsel instructed by the Legal Services team)

$3,800

Main Street Burger Bar

April 2018, May 2018

$500 (Counsel instructed by the Legal Services team)

$500

Muchada

May 2018, June 2018, July 2018

Internal

Ongoing. Nil costs anticipated.

Greenbank Properties Pty Ltd

May 2018, June 2018, July 2018

Internal

Ongoing. Nil costs anticipated.

Land and Environment Court

Nil

 

 

 

Supreme Court

Dansar Pty Ltd

May 2018, June 2018

Nil. Matter run on behalf of Council’s insurer.

$12,373.50

 

Proceedings defended by Council

 

Local Court

23 Court elected Penalty Notices in respect of parking infringements. All dealt with by the Legal Services team with nil costs incurred.

Land and Environment Court

Matter

Reported to Councillors

Costs Estimate

Actual Costs

Koresoft Pty Ltd

November 2017, December 2017, January 2018, February 2018, March 2018, April 2018

$15,000

$9,696.53

 

Gordon Highlands Pty Ltd

December 2017, January 2018, February 2018, March 2018, April 2018, May 2018, June 2018, July 2018

$22,000 - $25,000

$13,890.40

Ardill Payne – 541 Friday Hut Road

January 2018, February 2018, March 2018, April 2018, May 2018, June 2018, July 2018

$22,000 - $25,000

$15,494.82

Ardill Payne – 33 Kallaroo Circuit

February 2018, March 2018, April 2018, May 2018, June 2018, July 2018

$22,000 - $25,000

$1,367.85

Meineke

February 2018, March 2018, April 2018

 

 

Dromore Properties Pty Ltd

March 2018, April 2018, May 2018, June 2018, July 2018

$10,780

$4,151.40

Ardill Payne – 4 Marvel Street

March 2018, April 2018, May 2018, June 2018, July 2018

$10,780

$1,884.30

Joe Davidson Town Planning

May 2018, June 2018, July 2018

$14,000

Nil

Supreme Court

Nil

 

 

 

 

Amendment to delegated authority concerning legal proceedings

 

Following the appointment on 2 July 2018 of the General Manager, it was considered appropriate that there be a form of restriction or guidance concerning legal proceedings in which Council is a party and that the limit of authority delegated to the General Manager concerning legal proceedings ought be consistent irrespective of whether Council’s involvement is as the commencing or defending party.

 

An amendment to the General Managers delegations concerning legal proceedings is therefore  proposed and recommended.

 

The only amendment in the Instrument of delegation (attachment 1) recommended for adoption by Council is to the General Manager’s delegation concerning legal proceedings. The recommended amendment provides as follows:

 

Commencing or defending legal proceedings:

 

·        Delegation to commence or defend legal proceedings is limited to those proceedings in which Council's external solicitors (if engaged) estimate, in writing, that the professional legal costs for the proceedings will be less than $50,000 unless commencement or defence of legal proceedings has otherwise been authorised by Council resolution. Where Councils external solicitors are not engaged delegation to commence or defend legal proceedings is limited to those proceedings in which Council’s internal solicitors estimate, in writing, that the disbursements for the proceedings will be less than $50,000 unless commencement or defence of legal proceedings has otherwise been authorised by Council resolution.

 

·        Exercise of delegation is subject to Councillors being informed by memorandum of its exercise and the progress of the proceedings, together with current cost expenditure, being reported to Councillors monthly.

 

Financial Implications

 

External legal services are funded out of the General Fund – Legal expenses 20001.010.

 

Statutory and Policy Compliance Implications

 

Local Government Act

 

377   General power of the council to delegate

 

(1)     A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following:

(a)     the appointment of a general manager,

(b)     the making of a rate,

(c)     a determination under section 549 as to the levying of a rate,

(d)     the making of a charge,

(e)     the fixing of a fee,

(f)      the borrowing of money,

(g)     the voting of money for expenditure on its works, services or operations,

(h)     the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i)      the acceptance of tenders to provide services currently provided by members of staff of the council,

(j)      the adoption of an operational plan under section 405,

(k)     the adoption of a financial statement included in an annual financial report,

(l)      a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m)    the fixing of an amount or rate for the carrying out by the council of work on private land,

(n)     the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o)     the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p)     the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q)     a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r)      a decision under section 234 to grant leave of absence to the holder of a civic office,

(s)     the making of an application, or the giving of a notice, to the Governor or Minister,

(t)      this power of delegation,

(u)     any function under this or any other Act that is expressly required to be exercised by resolution of the council.

 

378   Delegations by the general manager

 

(1)     The general manager may delegate any of the functions of the general manager, other than this power of delegation.

(2)     The general manager may sub-delegate a function delegated to the general manager by the council to any person or body (including another employee of the council).

(3)     Subsection (2) extends to a function sub-delegated to the general manager by the council under section 377 (2).


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.11

 

 

Report No. 13.11         'The Byron Model' of deliberative democracy - next steps

Directorate:                 Corporate and Community Services

Report Author:           Anna Vinfield, Manager Corporate Services

File No:                        I2018/1348

Theme:                         Corporate Management

                                      Corporate Services

 

 

Summary:

 

Council undertook its inaugural Community Solutions Panel in early 2018 to directly inform its delivery program and infrastructure priorities.

 

Following an evaluation and reviewing the learnings and successes of the project, Council officers have liaised with newDemocracy Foundation to look at “what’s next?”

 

This report outlines the proposed process to develop and implement “the Byron model” of deliberative democracy through a co-design process with community representatives, councillors and staff. 

 

 

  

 

RECOMMENDATION:

That Council endorse the development of “The Byron Model” of deliberative democracy through the process outlined in the report and attached outline (E2018/61116)

 

 

Attachments:

 

1        The Byron Model Co-Design Outline - prepared by newDemocracy Foundation, E2018/61116

 

 


 

Report

 

Background – Community Solutions Panel

 

The Byron Shire Community Solutions Panel was established in March 2018 with four workshops being held.  31 randomly-selected local residents formed to deliberate on infrastructure priorities which would directly inform Council’s Delivery Program.  As a result the revised program (adopted in July, RES 18-429) was directly informed by their recommendations and new actions included.   

 

One of the panel’s concluding recommendations was that “…Council continue to engage with its community…and undertake more active involvement of everyday citizens in meaningful and informed problem-solving in partnership with Byron Shire Council” (p14).

 

More information on the Community Solutions Panel process is available at https://www.newdemocracy.com.au/our-work/447-byron-shire-council-trialling-a-community-solutions-panel.

 

In evaluating the Community Solutions Panel project, it was recognised that it was beneficial in:

·    Directly informing infrastructure priorities

·    Providing clear set of considerations, values, a decision making framework and infrastructure categories weighted by values to inform Council’s priorities

·    Seeking a diverse and representative set of views (31 randomly selected citizens)

·    Including inputs from various stakeholders (through the submission process and community workshops/information sessions held prior)

·    Increasing transparency (all sessions and deliberations open to public)

·    Presenting Council information in a synthesized manner (the Briefing Book)

·    Implementing an online-only (and therefore relatively low-cost) recruitment method

·    Improving trust, transparency and faith in the process (in a post-project exercise, one community member noted “I think the exercise was very valid. It’s led to a higher level of cooperation between Council and community. Again, a catalyst. Seems to have been a bit of a turning point in my area. We are now on the same side – feels like an absolute partnership.”)

 

Taking these learnings, newDemocracy Foundation have worked with officers and Councillors (at a June Strategic Planning Workshop) to develop “what’s next?”

 

“The Byron Model” of deliberative democracy

 

The recently adopted “Our Byron, Our Future” Community Strategic Plan has a clear objective to “have community-led decision making which is open and inclusive”.  Based on this and the learnings from the Community Solutions Panel, Council is interested in going further to define how democracy can work to achieve more widely supported decisions in Byron than is found anywhere else in the world today.

 

There is an opportunity to create a new democratic ethos that can draw together Councillors, Council staff, stakeholders and activists (including existing committees, bodies and groups organised by Community and the Council), randomly-selected citizen participants and the wider population.

 

A co-design process is recommended to deliberate on the question ““How do we want to make democratic decisions in Byron Shire that can be widely supported?”

 

The process is outlined below:

 

Stage 1:

Co-design "the model"

•     Co-design group brought together to develop "The Byron Model" for democracy - including approaches (eg deliberative polls, in-person/online forums, panels, community conversations) & triggers (e.g. what determines which approach is used)

•     Deliberate on the question –

“How do we want to make democratic decisions in Byron Shire that can be widely supported?”

•     21 member group of randomly-selected everyday people work with 9 councillors, 9 active community group members and 6 council staff members in support.

•     Divergent/ helix model where citizens are the constant and other groups have independent streams scheduled around three in-depth convergence interactions as an entire group as part of the co-design exercise:

•     Step A – in-depth, all participant interactions to deliberate/discuss/develop model

•     Step B – review and comment process where co-design participants take working draft back to their communities for discussion

•     Run directly by newDemocracy.

•     First meeting September. Final completion February 2019.

September start

~10 week process

Stage 2:

Roll out "the model"

•     Model applied to different projects and issues – depending on what is developed in stage 1

Start March 2019

Stage 3:

Evaluation

•     Initial evaluation after 12 months.

•     Proposed trial period of 2 years.

October 2019

 

Similar to the Community Solutions Panel, the co-design group will be provided a number of supporting documents and information points.  Guiding principles include:

·    Representativeness

·    Time

·    Information

·    Having a clear remit

·    Upfront authority

·    Partnership

·    Communication and transparency

·    Fit-for-purpose approaches

 

The attached model outline prepared by newDemocracy Foundation provides further information.

 

Financial Implications

 

The scope of the co-design project has increased from originally planned, however it is expected that costs will be approximately $15,000 and this will be accommodated within existing budgets.

 

The implementation of the model (once developed) has not been included in budget estimates.

 

Statutory and Policy Compliance Implications

 

Community Strategic Plan’s fifth objective is “we have community-led decision making which is open and inclusive”.  The 2018/19 operational plan includes an activity (5.1a) to “Develop a “Byron Model” for deliberative democracy”.

 

 

  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.12         PLANNING - Development Application 10.2017.742.1 - Alterations and Additions to Existing Dwelling House, New Dwelling House to Create a Dual Occupancy (detached) and Two (2) Studios at 219 Saddle Road Brunswick Heads

Directorate:                 Sustainable Environment and Economy

Report Author:           Dylan  Johnstone, Planner

File No:                        I2018/682

Theme:                         Ecology

                                      Development and Approvals

 

 

Proposal:

DA No:

10.2017.742.1

Proposal description:

Alterations and Additions to Existing Dwelling House, New Dwelling House to Create a Dual Occupancy (detached) and Two (2) Studios

Property description:

LOT: 4 DP: 810118

219 The Saddle Road BRUNSWICK HEADS

Parcel No/s:

137160

Applicant:

Greg Alderson & Associates Pty Ltd

Owner:

Koresoft Pty Ltd

Zoning:

RU2 Rural Landscape

Date received:

27 December 2017

Integrated Development:

No

Public notification or exhibition:

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

-    Exhibition period: 18/1/18 to 31/1/18

-    One submission was received.

Delegation to determination:

Council

 

Issues:

·    Clause 4.6 request to vary 100m separation distance between Dual Occupancy (detached) dwellings required by Clause 4.2D of LEP 2014

·    Chapter D2.7.1 of DCP 2014 - studios

 

Summary:

This application seeks development consent for alterations and additions to an existing dwelling house, construction of a new house to create a dual occupancy (detached), and construction of two (2) studios (one associated with each dwelling).

 

The application proposes the new dwelling house to be located at a distance of 365m from the existing house, which does not comply with the maximum separation distance of 100m required by the development standards of Clause 4.2D of LEP 2014.

 

The application does not provide sufficient grounds to vary the standard pursuant to Clause 4.6, as it is considered that there are suitable dwelling sites within 100m of the existing dwelling that would meet the standard.

 

Given the circumstances, it is recommended that consent be refused for the reasons provided in the report and recommendation.

 

Notwithstanding the above, the applicant was given the opportunity to remove the Dual Occupancy component from the Development Application, to enable granting of consent to be recommended for the alterations and additions to the existing dwelling and one (1) studio associated with that dwelling.  However, the applicant has requested that Council proceed with determination of the application as a whole, as submitted.

 

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

That pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application no. 10.2017.742.1 be refused for the following reasons:

 

1.    Pursuant to Section 79C(1)(a)(i), the proposed development is inconsistent with Clause 4.2D of Byron Local Environmental Plan 2014.  The application proposes a dual occupancy (detached) with a new dwelling house to be located 365m from the existing dwelling house, which does not comply with Clause 4.2D(2)(c).

 

2.    Pursuant to Section 79C(1)(a)(i), the proposed development does not satisfy the provisions of Clause 4.6 of Byron Local Environmental Plan 2014.  The application has not adequately demonstrated that compliance with the development standard of Clause 4.2D(2)(c) is unreasonable or unnecessary in the circumstances of the case or that there are sufficient environmental planning grounds to justify contravening the development standard.

 

3.    Pursuant to Section 79C(1)(e), the proposed development is not in the public interest. Approval of the proposed 265% variation would create an undesirable precedent for rural lands.

 

4.    Pursuant to Section 79C(1)(a)(i), the proposed development is inconsistent with Clause 10(3) of State Environmental Planning Policy (Rural lands) 2008, in that the proposed new dwelling, in the location shown, is likely to have a significant impact on land uses preferred in the vicinity, given the mapping of that area as Regionally Significant Farmland.

 

5.    Pursuant to Section 79C(1)(a)(i), the proposed development is inconsistent with the objectives of the RU2 Rural Landscape Zone in that it:

·    would not maintain or enhance the natural resource base as the location of the new dwelling and associated studio has the potential to sterilise a significant area of Regionally Significant Farmland; and

·    would not maintain the rural landscape character of the land; and

·    would not provide compatible land uses, given the preferred land use of adjoining land.

 

 

Attachments:

 

1        Attachment 1 Plans 10.2017.742.1, E2018/59018

2        Attachment 2 Submission received, E2018/59022

 

 


Assessment:

 

1.         INTRODUCTION

 

1.1.          History/Background

 

5.1991.123.1 – Dwelling House and Carport – approved 08/05/91

 

Borrodales basalt quarry was operated by the NSW Department of Public Works under a series of non-exclusive licence agreements in 1959, 1963 and 1969.

 

1.2.          Description of the proposed development

 

This application seeks approval for alterations and additions to an existing dwelling, construction of a new dwelling, to create a dual occupancy (detached), and construction of two (2) studios, one associated with each of the dwellings.

 

The layout of the proposed development on the site is shown below.

 

Figure 1 Site Layout & Analysis Plan (Greg Alderson & Associates)


 

Existing Dwelling

The proposed alterations and additions to the existing dwelling house include:

·     New covered balcony

·     New enclosed verandah with indoor swimming pool

·     New carport, undercover driveway and storage

·     New deck with spa

·     New bedroom, study, gym and rumpus room

·     Convert existing garage to underfloor storage and workshop area

 

Dual Occupancy (detached)

It is proposed to construct a new three-bedroom, single-storey dwelling, located 365m east of the existing dwelling, as indicated in Figure 1 above.

 

Studios

Two non-habitable studios are proposed to be constructed in conjunction with each of the dwellings.  The studio associated with the existing dwelling is proposed for use as a home occupation, for the production of naturopathic remedies.  The studio associated with the new dwelling is proposed to be used for the purposes of private exercise (yoga and pilates).

 

 

1.3.          Description of the site

 

Land is legally described as

LOT: 4 DP: 810118

Property address is

219 The Saddle Road BRUNSWICK HEADS

Land is zoned:

RU2 Rural Landscape

Land area is:

19.32ha

Property is constrained by:

Acid Sulfate Soils Class 3 (very small area in SE corner – not affected by development)

 

Bush Fire Prone Land (proposed development outside of mapped areas)

 

High Environmental Value Vegetation

 

Koala Habitat (potential)

 

Regionally Significant farmland (non-contiguous)

 

Area identified as “Horticultural Netting” in Figure 2 (Looking NW)

 

Location of proposed studio associated with existing Dwelling House (Looking NE)

 

 

Location of proposed new Dwelling House (Looking E)

 

Location of proposed studio associated with new Dwelling House (existing Dwelling in background – Looking W)

 

Existing Dwelling House (Looking E)

 

 

The application includes a plan of a “share farming” arrangement on the land that has been used by the applicant as a means to justify the location of the proposed development.

 

Figure 2 Site Layout (Greg Alderson & Associates)

 

2.         SUMMARY OF REFERRALS

 

Referral

Issue

Environmental Health Officer

There is sufficient land area for disposal of wastewater on the site

Development Engineer

No objections to the proposal subject to conditions.

S64 / Systems Planning Officer

No objections to the proposal subject to conditions.

S94 / Contributions Officer

Section 94 contributions applicable for dual occupancy development

Essential Energy

No objections to the proposal subject to advisory comments.

Department of Primary Industries – Office of Water

Comments not received.

Tweed Byron Land Council

The application was referred to TBLALC who recommended that, if approved, they undertake a site visit and report to further investigate significant aboriginal cultural heritage thought to be located in the area.

 

A site visit was undertaken by TBLALC on 21/06/18. Subsequently a Cultural Heritage Sites Inspection Report was prepared by TBLALC dated 21/06/18 and submitted to Council on 23/07/18. The report concluded that “there is nothing at this stage to halt or delay the proposed work on this site”. The report recommended that the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW, published by the DECCW OEH, be applied. Procedures to be applied in the case of unexpected finds (including even suspected ACH objects) were also recommended.

 

3.         SECTION 79BA – BUSH FIRE PRONE LAND

 

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

 

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

 

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

 

4.1       State Environmental Planning Instruments

 

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy No 44—Koala Habitat Protection

Consideration: Part of the land is mapped as containing Tertiary Habitat.  However, the application does not propose development within this area and no vegetation removal is proposed on the site.

State Environmental Planning Policy No 55—Remediation of Land

Consideration: A preliminary contaminated land investigation was undertaken by the applicant in accordance with Section 7.  A site history review was conducted for the investigation area (being the entire site).  The history review found that there is no evidence that the investigation area was subject to cropping or plantations or that any other contaminating activities had occurred.  It is considered that the land is suitable for residential use.

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

 

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

Consideration: Plans have been submitted with the application indicating a number of structures to be undertaken as exempt development including a windmill and wind turbines.  Note:  The applicant has acknowledged that some of these structures may not be undertaken as exempt development and a future Development Application is to be lodged separate to this application.

State Environmental Planning Policy (Infrastructure) 2007

Consideration: Clause 101 requires that Council must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that, where practicable, vehicular access to the land is provided by a road other than the classified road (Gulgan Rd).

The application proposes that vehicular access to each dwelling will be provided by a single access point to The Saddle Rd.

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

Consideration: Borrodales basalt quarry was operated by the NSW Department of Public Works under a series of non-exclusive licence agreements in 1959, 1963 and 1969.  Any use rights of previous extractive activity on the site have since been abandoned.

State Environmental Planning Policy (Rural Lands) 2008

Consideration: Clause 7 identifies the following Rural Planning Principles:

(a)     the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas,

(b)     recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State,

(c)     recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development,

(d)     in planning for rural lands, to balance the social, economic and environmental interests of the community,

(e)     the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land,

(f)      the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities,

(g)     the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing,

(h)     ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General.

 

Clause 10(3) of the SEPP establishes the following matters to be considered in determining development applications for rural dwellings:

(a)      the existing uses and approved uses of land in the vicinity of the development,

(b)      whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,

(c)      whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),

(d)      if the land is not situated within a rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone,

(e)      any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d).

The proposed new dwelling is located 12m from the northern property boundary.  The adjoining lot to the north is mapped entirely as Regionally Significant Farmland.

Chapter B6 of DCP 2014 (Buffers and Minimising Land Use Conflict) recommends a 200m buffer between rural dwellings and cropping/horticulture, which is a common use of Regionally Significant Farmland.

While the adjoining land is not currently used for this purpose, the proposed dwelling, given its close proximity to the northern boundary, has the potential to sterilize a significant area of adjoining agricultural land from being utilised for cropping/horticulture.  A dwelling in this location would also create the potential for a land use conflict with land to the north in the event that farming activities return to that property.

A more appropriate location for the proposed dwelling would be closer to the Saddle Road frontage of the land, to the north of the existing dwelling.  Locating the proposed dwelling in a cluster with the existing dwelling and surrounding dwellings in the locality would minimise any potential land use conflict issues with adjoining land and protect Regionally Significant Farmland.

 

4.2     Byron Local Environmental Plan 2014 (LEP 2014)

 

LEP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP&A Act because it applies to the subject land and the proposed development.  The following LEP 2014 clauses are of relevance to the proposed development:

 

Land Use Table:

In accordance with LEP 2014 clauses 1.4 and 2.1 – 2.3:

(a)     The proposed development is defined in the LEP 2014 Dictionary as Dual Occupancy (detached).  Studios are not separately defined in the LEP, and are considered to be ancillary to the dwellings houses that make up the dual occupancy.

(b)     The land is within the RU2 Rural Landscape according to the Land Zoning Map.

(c)     Dual occupancies are permitted with consent.  As outlined above, the studios are considered ancillary to the dwellings, and are therefore permissible with consent.

(d)     The development as proposed is considered to be inconsistent with the Zone Objectives, for the reasons as outlined below:

 

Zone Objective

Consideration

To encourage sustainable primary industry production by maintaining and enhancing the natural resource base

The proposed 12m setback of the new dwelling to the northern boundary has the potential to sterilise a significant area of Regionally Significant Farmland on the adjoining lot.

The proposed new dwelling and associated studio are also located within the area mapped as Regionally Significant Farmland.  The proposal would have some impact on the agricultural potential of the property by alienating the land that would be occupied by the new dwelling, studio and associated curtilage.  The extent of this alienation is exhibited in the applicant’s plan shown above as Figure 2, which illustrates a substantial curtilage around the proposed buildings.

While there would potentially be some alienation of Regionally Significant Farmland associated with a compliant location for a detached dual occupancy (i.e. within 100m of the existing dwelling), the impacts would be significantly less as the area impacted would include that already within the curtilage of existing structures and/or within close proximity to site boundaries.

To maintain the rural landscape character of the land

Existing dwelling houses in the locality are generally clustered within close proximity to Saddle Rd. The proposal to locate the new dwelling approximately 400m from Saddle Rd creates potential land use conflict and does not maintain the rural landscape character of the land.

The establishment of a 100m maximum separation distance between dwellings in a detached dual occupancy (cl. 4.2D – see below), is intended as a measure to ensure the clustering of buildings and therefore the protection and maintenance of an ‘open’ rural landscape character.

Contravention of this development standard will negatively impact on the existing rural character.

To provide for a range of compatible land uses, including extensive agriculture.

The proposed 12m setback of the new dwelling to the northern boundary has the potential to sterilise a significant area of Regionally Significant Farmland on the adjoining lot.

To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.

The application proposes residential use only.

To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.

The proposal does not have a significant impact on the scenic quality of the locality

 

Clause 4.1E Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings

The property has an area of 19.32 hectares, which satisfies the requirement for a minimum lot size of 4,000m2 for a Dual Occupancy (detached) in the RU2 zone.

 

Clause 4.2A Erection of dwelling houses and dual occupancies on land in certain rural zones

The land contains an existing dwelling, approved by Council consent 5.1991.123.1.  A dual occupancy is permitted on the land with Council consent.

 

Clause 4.2D Erection of dual occupancies (detached) and secondary dwellings in Zones RU1 and RU2

 

What clause does the development not comply with and what is the nature of the non-compliance?

Further consideration, including whether the development application is recommended for approval or refusal accordingly

4.2D   Erection of dual occupancies (detached) and secondary dwellings in Zones RU1 and RU2

(1)  The objectives of this clause are as follows:

(a)   to provide alternative accommodation for rural families and workers,

(b)   to ensure that development is of a scale and nature that is compatible with the primary production potential, rural character and environmental capabilities of the land,

(c)   to set out consent considerations for development of dual occupancies (detached) and secondary dwellings to address matters such as access, siting, land suitability and potential impacts.

(2)  Development consent must not be granted to development for the purpose of a dual occupancy (detached) or secondary dwelling on land in Zone RU1 Primary Production or Zone RU2 Rural Landscape unless the consent authority is satisfied that:

(a)   the development will not impair the use of the land for agriculture or rural industries, and

(b)   each dwelling will use the same vehicular access to and from a public road, and

(c)   any dwellings will be situated within 100 metres of each other, and

(d)   the land is physically suitable for the development, and

(e)   the land is capable of accommodating the on-site disposal and management of sewage for the development, and

(f)   the development will not have an adverse impact on the scenic amenity or character of the rural environment.

The proposal does not comply with the objectives in that its scale and nature is not compatible with the rural character of the land (see comments above).

 

The development also contravenes the development standard within Clause 4.2D(2)(c), which requires each dwelling to be situated within 100 metres of each other.

 

A Clause 4.6 variation has been submitted by the applicant and is discussed below.

 

 

Clause 4.3 Height of Buildings

The maximum height of proposed alterations and additions to the existing dwelling are approximately 8m.  The maximum height of the proposed new dwelling is approximately 4m and the proposed studios have a building height of 4.0m.  All proposed buildings comply with the permitted 9.0m maximum building height.

 

Clause 4.6 Exceptions to Development Standards

The clause 4.6 variation request has been submitted because the proposed development contravenes the development standard outlined within Clause 4.2D(2)(c), which requires each dwelling to be situated within 100 metres of each other.  The applicant’s variation request has been considered with reference to relevant matters as follows:

 

1.    Introduction – Summary of proposed development

The development application seeks consent for Alterations and Additions to an existing Dwelling House, New Dwelling House to create a Dual Occupancy (detached) and Two (2) Studios.

 

2.    Clause 4.6 Exceptions to Development Standards

Clause 4.6 of Byron LEP 2014 is accessible via: http://www.legislation.nsw.gov.au/fragview/inforce/epi+297+2014+pt.4-cl.4.6+0+N?tocnav=y

 

 

 

3.    The Development Standard to be varied

The development standard to be varied is contained in LEP 2014 subclause 4.2D(2)(c), which is accessible via: http://www.legislation.nsw.gov.au/fragview/inforce/epi+297+2014+pt.4-cl.4.2d+0+N?tocnav=y

 

The 100m maximum separation distance is a development standard in accordance with the applicable definition in section 4 of the Environmental Planning and Assessment Act 1979 because it is a provision of an environmental planning instrument in relation to the carrying out of development, being a provision by or under which requirements are specified or standards are fixed in respect of any aspect of that development.

 

4.    Extent of Variation to the Development Standard

The application proposes to locate a new dwelling, to create a dual occupancy (detached), with a separation distance of 365m from the existing dwelling, which does not comply with the maximum 100m separation distance permitted.

 

The extent of the variation is 265%.

 

5.    Objective of the Development Standard

The objectives of the development standard are outlined in LEP 2014 subclause 4.2D(1), which states:

(a)   to provide alternative accommodation for rural families and workers,

(b)   to ensure that development is of a scale and nature that is compatible with the primary production potential, rural character and environmental capabilities of the land,

(c)   to set out consent considerations for development of dual occupancies (detached) and secondary dwellings to address matters such as access, siting, land suitability and potential impacts

 

6.    Objectives of the Zone

The objectives of the RU2 Rural Landscape Zone which applies to the location of the proposed dual occupancy (detached) are stated in the Land Use Table to LEP Part 2:

·    To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

·    To maintain the rural landscape character of the land.

·    To provide for a range of compatible land uses, including extensive agriculture.

·    To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.

·    To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.

 

7.    Assessment – the specific questions to be addressed:

(a)   Clause 4.6(3)(a) – Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

The application has not sufficiently demonstrated that it is unreasonable or unnecessary to comply with the development standard in the circumstances of the case.

 

The reasons presented by the applicant for non compliance with the 100m maximum separation distance standard are that “all of the land within 100 metres of the existing dwelling is physically constrained and unsuitable for a new dwelling due to existing agricultural use, future forestry and horticultural uses, the presence of an old quarry, steep slopes, drainage lines, overhead power lines and farm dams”.

 

The applicant has not demonstrated that constraints referred to could not be adequately addressed by appropriate site and building design and that, in that case, the impacts of the development on farming potential and rural character would not be less than those associated with the proposal as submitted.

 

In particular, siting of the new dwelling much closer to the curtilage of the existing dwelling would minimise the built footprint and associated alienation/ fragmentation of land mapped as Regionally Significant Farmland and significantly reduce the potential for future land use conflict associated with likely future farming uses on adjoining land.

 

Siting of the new dwelling and studio much closer to the existing cluster of structures on Saddle Road would also minimise the impacts of the development on the rural character of the land.

 

It is considered that the reasons put forward to support the contravention of the development standard are insufficient and that there are indeed alternative sites for the new dwelling within 100m of the existing dwelling that have not been adequately explored by the applicant.

 

(b)   Clause 4.6(3)(b) – Are there sufficient environmental planning grounds to justify contravening the development standard?

 

The application has not adequately demonstrated that there are sufficient environmental planning grounds to justify the contravention of the development standard.

 

The applicant has argued that existing and proposed agricultural use of the land prevents the new dwelling from being located within 100m of the existing dwelling.  However, it is considered that there are suitable sites within 100m of the existing dwelling.  For example, the area in the northwest of the site, identified as “horticultural netting” on the submitted plan titled “Site Layout” and dated 01/12/17, is considered suitable for a dwelling site and would comply with the development standard.  The horticultural use of this area can reasonably be relocated elsewhere on the site to accommodate a dwelling house.  Further, the applicant has determined that the location within 20 metres of the existing dwelling house is suitable for the proposed studio.  If this location is suitable for a studio then it is considered that this location is also suitable for a dwelling house.

 

Further information supplied by the applicant included following plan as justification that there are not any suitable alternative sites on the land for the proposed new dwelling.

 

 

Figure 3 Alternative Dwelling Site Location Map (Greg Alderson & Associates)

 

Sites A, B, C and H are among those sites that are identified by the applicant as being unsuitable for the new dwelling.  However, it is considered that these sites are suitable. It is noted that some of these sites are located greater than 100m from the existing dwelling, however they would represent a far lesser variation than the one proposed.

 

The reasons presented for these sites being unsuitable are considered insufficient. Areas identified for share farming and forestry can reasonably be modified to accommodate a new dwelling rather than requiring a large variation to accommodate a dwelling around such activities.  Other reasons given by the applicant for these sites being unsuitable include buffers to stormwater drainage lines, buffers to dams, compliance with the building setback to Saddle Rd, buffers to water bores, buffers to overhead power lines, buffers to mature vegetation etc.

 

It is considered that all of these reasons can be addressed through appropriate design so that sites A, B, C and H can either achieve compliance with the maximum 100m separation distance or require a far lesser variation than the one proposed.  These locations are considered to achieve the objectives of both the RU2 zone and Clause 4.2D by minimising land use conflict and maintaining the rural character of the locality. These locations will also prevent significant eroding of the development standard.

 

(c)   Clause 4.6(4)(a)(ii) – Is the proposed development in the public interest? Is it consistent with the objectives of the standard and the zone as set out above?

 

The proposed development is not considered to be in the public interest.  The application has not adequately demonstrated consistency with the objectives of Clause 4.2D and the objectives of Zone RU2.  Approval of the 265% variation would create an undesirable precedent.

 

The proposed development is inconsistent with the objectives of the RU2 zone.

 

The proposed dwelling is located 12m from the northern boundary.  The adjoining lot to the north is mapped entirely as Regionally Significant Farmland.  Chapter B6 of DCP 2014 (Buffers and Minimising Land Use Conflict) recommends a 200m buffer between rural dwellings and cropping/horticulture, which is a common use of such lands.  Given its close proximity to the northern boundary, the proposed dwelling has the potential to sterilise a significant area of adjoining agricultural land from being utilised for cropping/horticulture. Therefore the proposal does not comply with the objective of Zone RU2 to maintain and enhance the natural resource base.   

 

Also, existing dwelling houses in the locality are generally clustered within close proximity to Saddle Rd.  The proposal to locate the new dwelling approximately 400m from Saddle Rd creates potential land use conflict and does not maintain the rural landscape character of the land.

 

For the above reasons, the proposal also does not comply with the objective of Clause 4.2D, which requires development to be of a nature that is compatible with the primary production potential and rural character of the land.

 

The applicant has referred to application 10.2016.357.1, which was approved by Council staff under delegated authority on 11/10/16.  That consent permitted a dual occupancy (detached) with a maximum separation distance of 450 metres between the two dwellings. There were significant environmental planning grounds to approve that application.  The location of the new dwelling was the only area on the site cleared of vegetation, thereby avoiding any significant impacts on High Environmental Value (HEV) vegetation mapped on the site.  Also, compliance with the development standard in that instance would have required large areas of HEV vegetation to be removed in order to upgrade the existing site access to comply with Planning for Bushfire Protection 2006.

 

The applicant also references six other detached Dual Occupancies (detached) in rural zones that have been approved with Clause 4.6 variations.  Three of these six approvals relate to variations to the 100m separation distance:

·     10.2016.425.1 – The two structures were already existing on the site and a variation was granted to permit a Dual Occupancy (detached) with a separation distance of 136m representing a variation of 36%.

·     10.2017.245.1 – The new dwelling was approved to be located 110m from the existing dwelling representing a variation of 10%.  Permitting a slightly greater separation allowed the new dwelling to be located clear of a gully, resulting in a better environmental outcome and a more practical use of the land.

·     10.2016.752.1 – The building proposed to be used as a dwelling was approved to be located 115m from the existing dwelling representing a variation of 15%.

The variation was granted to formalise the use of an existing structure that could not be readily relocated.

 

Each of the above referenced variations to the maximum 100m separation distance had demonstrated that compliance with the development standard is unreasonable based on environmental planning grounds. 

 

 

 

(d)     Clause 4.6(4)(b) – Has the concurrence of the Secretary been obtained?

 

The NSW Department of Planning and Environment Planning Circular PS18-003 provides that the Secretary’s concurrence may not be assumed by a delegate of council if the development contravenes a numerical standard by greater than 10%.

 

The application proposes to locate a new dwelling to create a dual occupancy (detached) with a separation distance of 365m from the existing dwelling which does not comply with the maximum 100m separation distance permitted.  The extent of the variation is 265%.  In accordance with PS18-003 the application must be determined by the elected Councillors.

 

The Applicant’s variation request in the circumstances is not supported and the development application is recommended for refusal.

 

Clause 5.10 Heritage Conservation

The application was referred to the Tweed Byron Local Aboriginal Land Council (TBLALC) to consider the potential impacts of the proposed development on Aboriginal objects and/or Aboriginal places of heritage significance. 

 

A site visit was undertaken by TBLALC on 21/06/18. Subsequently a Cultural Heritage Sites Inspection Report was prepared by TBLALC dated 21/06/18 and submitted to Council on 23/07/18. The report concluded that “there is nothing at this stage to halt or delay the proposed work on this site”. The report recommended that the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW, published by the DECCW OEH, be applied. Procedures to be applied in the case of unexpected finds (including even suspected ACH objects) were also recommended.

 

Clause 6.1 Acid Sulfate Soils

The south eastern corner of the site is subject to potential Acid Sulfate Soils Class 3.  However, all works are proposed on portions of the site with an elevation of approximately 40-50m AHD. Therefore no further assessment is required.

 

Clause 6.2 Earthworks

The proposal does not require significant earthworks therefore no further assessment required.

 

Clause 6.6 Essential Services

Potable water is proposed to supply the development through rainwater tanks located at each dwelling with backup supplies in the form of an existing water bore and mains connection to Rous water supply.

 

Electricity is proposed to be supplied to the new dwelling and studio by 20KV of solar panels mounted on the new dwelling and farm buildings along with 2 x 10KV wind turbines and a Lithium battery bank.  It is also proposed to install Three Phase power for back up and to feed renewable wind and solar energy back into the grid.

 

There is sufficient land area for disposal of wastewater on the site and roof water will be collected in rainwater tanks with an overflow dispersion trench.

 

Vehicular access is achieved via an existing driveway crossing to Saddle Rd. Existing access to Gulgan Rd does not appear to have Council approval.

 

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

 

Draft SEPP (Coastal Management) 2016

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

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

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

·     coastal wetlands and littoral rainforests area

·     coastal environment area;

·     coastal use area; and

·     coastal vulnerability area.

 

The subject site is mapped within the ‘coastal use area’.  The draft provisions for consideration of development within this area generally reflect the existing matters for consideration currently outlined in SEPP 71. 

 

The proposal is considered to be acceptable having regard to the provisions of the Draft SEPP particularly Divisions No.2, 4 & 5.  The proposed development is not in a wetland, littoral rainforest, or coastal environment area.

 

4.4     Byron Shire Development Control Plan 2014 (DCP 2014)

 

DCP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 79C(1) of the EP& A Act because it applies to the land to which LEP 2014 applies. The following DCP 2014 chapters are of relevance to the proposed development:

 

A14 Public Notification and Exhibition of Development Applications

The application was advertised in accordance with Level 1 Notification. Adjoining landowners were notified with one submission received during the notification period. This submission is addressed in section 4.10 of this report.

 

B3 Services

The application has demonstrated that the proposed development will be adequately serviced including the provision of an onsite sewage management system.

 

B6 Buffers and Minimising Land Use Conflict

The proposed new dwelling house is located 12m from the northern boundary of the site.  The adjoining land to the north appears to be used for grazing cattle.  There is no recommended minimum buffer distance between a rural dwelling and grazing of stock.

 

However, the adjoining lot to the north is mapped entirely as Regionally Significant Farmland. Chapter B6 – Buffers and Minimising Land Use Conflict of DCP 2014 recommends a 200m buffer between rural dwellings and cropping/horticulture which is a common use of such lands.  Given its close proximity to the northern boundary, the proposed dwelling has the potential to sterilise a significant area of adjoining agricultural land from being utilised for cropping/horticulture or other intensive plant agriculture.

 

An appropriate location for the proposed dwelling would be along Saddle Rd to the north of the existing dwelling.  Locating the proposed dwelling in a cluster with the existing dwelling and surrounding dwellings in the locality would minimise any potential land use conflict issues with adjoining land and protect Regionally Significant Farm Land.

 

 

 

B14 Excavation and Fill

The proposal does not require significant earthworks therefore no further assessment required.

 

D2.5 Dual Occupancies and Secondary Dwellings

The proposal has the potential to create land use conflict issues as outlined above.

 

D2.7.1 Studios

The application proposes two new studios: one for the existing dwelling and one for the proposed dwelling.  Studios are not permitted to contain internal partitions, other than those necessary for ablution facilities or demonstrably required for the use of the studio (e.g. photography darkroom). The studio floor plans indicate a number of partitioned rooms including an “air conditioned preservation room”, toilet and bathroom with shower. 

 

The studio plans also contain a kitchen sink, which is not permitted by the DCP.

 

Given that the plans also include a carport and 60m2 of verandah area, it would appear that these buildings could be easily inhabited as separate dwellings.  In order to recommend approval of such studios the bathroom, kitchen and carport would be required to be removed and the verandah areas significantly reduced.

 

4.5       Any Planning Agreement or Draft Planning Agreement?

 

 

Yes

No

Is there any applicable planning agreement or draft planning agreement?

 

 

4.6       Environmental Planning & Assessment Regulation 2000 Considerations

 

Clause

This control is applicable to the proposal:

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

If this control is applicable, does the proposal comply?

92

No

N/A

N/A

93

No

N/A

N/A

94

No

N/A

N/A

94A

No

N/A

N/A

* Non-compliances and any other significant issues discussed below

 

4.7       Any coastal zone management plan?

 

 

Satisfactory

Unsatisfactory

Not applicable

Is there any applicable coastal zone management plan?

 

 

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

 

Impact on:

Likely significant impact/s?

Natural environment

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

Built environment

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

Social Environment

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

Economic impact

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

 

Are there any Council Policies that are applicable to the proposed development?

 

Council Policy

Consideration

Development Policy

In accordance with this policy the application has been assessed with consideration for the relevant legislation, environmental plans, development codes and the public interest.

Management of Contaminated Land Policy

A SEPP55 contaminated land assessment submitted by the applicant has concluded that the land is suitable for residential use.

Water and Sewer Equivalent Tenement Policy

The Subject lot is not serviced by Council reticulated water or sewer.  Rous Water supplies bulk water. Equivalent Tenements applicable to the development to be determined by Rous Water.

 

4.9       The suitability of the site for the development

 

The land is a serviced, unconstrained property.  However, as discussed elsewhere in the report the proposed location of the new dwelling house has not been adequately justified.

 

4.10     Submissions made in accordance with this Act or the regulations

 

The development application was publicly exhibited.

 

There was one submission made on the development application:

 

Issue

Comment

No landowners consent contained in exhibition material

Landowners consent has been provided from the directors of Koresoft Pty Ltd to Greg Alderson & Associates to lodge the application.

DCP requirements for studios have not been addressed

Additional information has been received that addresses the requirements of Chapter D2.7.1 of DCP2014.

Concern that studios will be of commercial use and not ancillary to residential use given reference of wastewater assessment to staff

The wastewater report makes reference to staff in relation to farm worker’s amenities, not in relation to studios.

Use of one of the studios for naturopathy is prohibited development

The use of the studio for naturopathy would only be for the production of naturopathic remedies and not as a medical centre or health services facility as there will be no patients coming to the site.

The studio for pilates and exercise is unwarranted given the amount of space in the associated dwelling.

The applicant has argued that the studio for yoga/pilates use requires a quiet and peaceful environment that will not be available within the proposed house.

Proposed studios appear to be small dwellings

The studio floor plans indicate a number of partitioned rooms including an “air conditioned preservation room”, toilet and bathroom with shower.  The studio plans also contain a kitchen sink which is not permitted by the DCP.  Given that the plans also include a carport and 60m2 of verandah area it would appear that these buildings could be easily inhabited as separate dwellings.  In order to approve such studios the bathroom, kitchen and carport would be required to be removed and the verandah areas significantly reduced.

Windmills shown on plans cannot be undertaken as exempt development

A development application for the windmill and other proposed agricultural structures which require Council consent is being prepared, and will be submitted to Council as soon as possible.

Separation distance between dwellings

This issue has been addressed above.

Impact of the proposal on the agricultural potential of the land

The applicant has argued that “the dwelling has been strategically located between two of the agricultural areas which are part of a share farming licence agreement”.  Further, “this will ensure that the residents of the proposed dual occupancy can easily manage the horticultural activities and provide security to the farming activities and equipment through passive surveillance”. 

The proposal would have some impact on the agricultural potential of the land by alienating the land that would be occupied by the new dwelling, studio and associated curtilage. 

Only one wind turbine is permitted as exempt development

Plans submitted with the application indicate two wind turbines to be erected as exempt development. However only one of these is permitted as exempt development and the other will require development consent under a separate application.

Potential impacts on aboriginal heritage

TBLALC have recommended a site visit and report to further investigate significant aboriginal cultural heritage thought to be located in the area.

 

A site visit was undertaken by TBLALC on 21/06/18. Subsequently a Cultural Heritage Sites Inspection Report was prepared by TBLALC dated 21/06/18 and submitted to Council on 23/07/18. The report concluded that “there is nothing at this stage to halt or delay the proposed work on this site”. The report recommended that the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW, published by the DECCW OEH, be applied. Procedures to be applied in the case of unexpected finds (including even suspected ACH objects) were also recommended.

 

4.11     Public interest

 

The proposed development is not in the public interest and will create an undesirable precedent.

 

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

 

Having regard to sections 5A, 5C and 5D of the EP&A Act, there is unlikely to be a significant effect on threatened species, populations or ecological communities, or their habitats as a result of the proposed development because of its location within cleared agricultural land.

 

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

 

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

 

5.         DEVELOPER CONTRIBUTIONS

 

Should the application be approved contributions and water and sewer charges would apply.

 

6.         DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

 

Has a Disclosure Statement been received in relation to this application

No

Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.

No

 

7.         CONCLUSION

 

This application seeks development consent for alterations and additions to an existing dwelling house, construction of a new dwelling house, creating a dual occupancy (detached), and construction of two (2) studios.

 

The proposed development does not comply with the development standards of Clause 4.2D of LEP 2014 in that the dwellings will be well in excess of 100m distance from each other.  The application has does not provide sufficient environmental planning justification for the contravention of the standard, pursuant to Clause 4.6 of the LEP. 

 

It is considered that the proposal is inconsistent with the land use objectives of the RU2 Rural Landscape zone, in that the proposed new structures would detrimentally impact on the existing rural character of the property and locality and impact on the potential for sustainable farming on both the property itself and in relation to land adjoining to the north.

 

The proposal is also inconsistent with SEPP (Rural Lands) 2008, in that the proposed new dwelling, in the location shown, is likely to have a significant impact on land uses preferred in the vicinity, given the mapping of that area as Regionally Significant Farmland.

 

It is recommended that consent be refused for the reasons provided in the report and the recommendation.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         Updates - Audit of secondary dwelling conditions of consent; Short Term Holiday Let enforcement action and State Government position on Short Term Holiday Let.

Directorate:                 Sustainable Environment and Economy

Report Author:           Shannon Burt, Director Sustainable Environment and Economy

Sarah  Nagel, Community Enforcement Officer

File No:                        I2018/974

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

The purpose of this report is to update Council on:

·        a recent audit of secondary dwellings conditions of consent;

·        the status of short term holiday let enforcement action commenced/current; and

·        the State Government short term holiday let policy announcement in June.

 

 

  

 

RECOMMENDATION:

That Council note the updates regarding secondary dwelling conditions of consent and short term holiday letting provided in the report.

 

 

 

 


 

Report

 

Council considered reports in October and November 2017 on secondary dwellings conditions of consent and short term holiday let enforcement options.

 

October https://byron.infocouncil.biz/Open/2017/10/OC_26102017_AGN_611_WEB.htm

 

Report No. 13.21         Update Council Resolution 17-191 Secondary Dwelling Conditions

Report No. 13.22         Update on Resolution 17-263 Short Term Rental Accommodation    Enforcement Options

 

November https://byron.infocouncil.biz/Open/2017/11/OC_23112017_AGN_612_WEB.htm

 

Report No. 13.25         Further update on Resolution 17-191 Secondary Dwelling Conditions

 

A report on Council’s submission to the Short Term Holiday Let Options Paper prepared by the Department of Planning was also on the October agenda. https://byron.infocouncil.biz/Open/2017/10/OC_26102017_AGN_611_WEB.htm

 

Report No. 13.20         Response to DPE Short Term Holiday Letting Options Paper

 

Various resolutions ensued and have since been actioned by staff.

 

The purpose of this report is to update Council on the status of these matters.

 

1.       Secondary dwellings and conditions of consent

 

As requested by Council at the Ordinary Meeting 26 October 2017, a further update on item 2 of Resolution 17-191 was provided at the November Ordinary meeting. Resolution extract for context below:

 

… 2. That Council responds to concerns and compliance issues by:

 

a)     contacting all property owners with a secondary dwelling (granny flat) approved since the passage of Council Resolution 11-268 and seek property owners’ confirmation that they are complying with their approval and/or conditions of consent with the regard to the Environmental Planning Assessment Act and to Byron Shire Council Resolution 11-268.

 

b)    developing a form that seeks the owners signature regarding compliance with consent and Resolution 11-268 for inclusion with the correspondence to be returned to council within 30 days.

 

Letters and the form were sent to 598 property owners on 13 September 2017. Only 143 had been returned as of 6 November 2017. Copy of letter and form link below:

 

http://byron.infocouncil.biz/Open/2017/10/OC_26102017_ATT_611_WEB.htm

 

A second letter was then sent to those properties (end 2017) that had not responded to provide a further, brief, opportunity to do so.  The aggregated results of both mail outs follow:

 

Complies / Response

 

Yes

311

No

2

No longer owns property

2

Not signed

7

Previously holiday let

1

Principle dwelling used holiday let

1

Returned to sender

6

Acknowledgement not returned

259

Application surrendered or changed

9

 

598

 

For those properties where no acknowledgement was received, a memo is to be placed on the property to alert Council staff of any future non-compliance/complaints re holiday letting.

 

Evidence via section 9.22 of the Environmental Planning and Assessment Act is a tool which Council officers may employ in circumstances where a reasonable suspicion of unauthorised short-term holiday letting exists. Enforcement proceedings for the offence of development not in accordance with development consent may result for some properties.

 

The reasonable suspicion must be held by the investigating officer who is to commence proceedings. The investigating officer must be able to form that view in the circumstances of the particular matter. Each case must be dealt with on its merits.

 

2.       Short Term Rental Accommodation - Enforcement Options

 

Council considered Report No. 13.17 Short Term Rental Accommodation - Enforcement Options at the Ordinary Meeting 22 June 2017 and resolved as follows:

 

17-263 Resolved that Council:

 

1.    Note the report.

 

2.    Authorise the General Manager, in cases where a reasonable suspicion of unauthorised short term rental accommodation and unauthorised tourist and visitor accommodation is taking place, to issue Notices to the following to provide information and answer questions about property use:

 

·Real Estate agents

·Letting Agents

·Website Hosts

·Tenants

 

3.    That Council confirms that:

 

a)     in order to preserve the availability of long-term letting in the shire for long-term residents that the moratorium on prosecutions has been lifted.

b)     it now intends to prosecute in the most effective manner where merit exists any and all instances of unauthorised short term rental accommodation occurring in the shire.

 

4.    That a media release be shared on this resolution.

 

5.    Compile a confidential list of properties against which it may commence legal proceedings based on the establishment of a prima-facie case of unauthorised short term rental accommodation and unauthorised tourist and visitor accommodation, and that this list is compiled as soon as possible.

 

All parts of this resolution have been actioned to date.

 

1.       Report noted.

 

2.       Letters to ‘Real Estate agents, Letting Agents, Website Hosts, Tenants’ have been sent twice. An initial letter was sent to 19 real estate agencies in September 2017 as part of our mail out to Secondary Dwelling owners. A second letter was sent out to 25 Real Estates in May 2018.

 

3.       Council had previously commenced proceedings against a number of short term holiday let properties/operators. The details of which are subject to legal proceedings and as such will not be provided in this report. However, since the announcement of a state government position and policy on short term holiday let on 5 June 2018, Council has not commenced any new enforcement proceedings and currently awaits further clarification from the state government of planning and regulation changes for short term holiday let to inform what if any action can occur at the local level.

 

4.       Media releases continue to be periodically issued.

 

5.       Community enforcement staff now manages a list of properties against which it may commence enforcement proceedings based on the establishment of a prima-facie case of unauthorised short term holiday let and unauthorised tourist and visitor accommodation. This is relevant to point 2 above.

 

Further, in April 2018, 114 letters were sent to the owners of properties that Council has received complaints about to advise them Council has reason to believe that the abovementioned premises are being advertised/used as short term holiday let.

 

The letter also advised of the relevant Council Resolutions and to the fact that the obtaining of evidence via section 9.22 of the Environmental Planning and Assessment Act is a tool which Council officers may employ in circumstances where a reasonable suspicion of unauthorised short term holiday let activity exists.

 

Council’s web page has also been updated to provide various avenues for complaints to be registered by the community on short term holiday let activity, including airbnb and other online platform sites:

 

As stated above, Council has not commenced any new enforcement proceedings and currently awaits further clarification from the state government of planning and regulation changes for short term holiday let to inform what if any action can occur at the local level.

 

https://www.byron.nsw.gov.au/Services/Building-development/Planning-in-progress/Short-term-rental-accomodation

 

3.       State Government response to Byron Shire council submission on DPE Short Term Holiday Letting Options Paper

 

The NSW Government announced a new regulatory framework to govern the short-term holiday letting industry on 5 June 2018.

 

A Notice of Motion was presented to Council at the Ordinary Meeting 21 June 2018 on same.

https://byron.infocouncil.biz/Open/2018/06/OC_21062018_AGN_776_WEB.htm

 

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.

 

There was no further direct engagement with local government (and in particular Byron Council) 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 short-term holiday letting is to be enabled under certain conditions.

 

If the host is present, a property owner can use their home for short-term holiday letting all year round as exempt development. That is, they do not need to submit a development application to local council.

 

If the host is not present, that residence can be used for short-term holiday letting up to 180 days per year in Greater Sydney, with 365 days allowed in all other areas of New South Wales. Councils outside Greater Sydney will have the power to decrease the 365 day limit to no less than 180 days per year. There will also be additional conditions for bushfire prone land to ensure visitor safety.

 

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. This has resulted in significant adverse impacts on the 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 the local tourist economy.

 

As such Council does not consider a blanket approach to planning regulation via a state policy as appropriate. NOTE: As Council has not seen the details of the state-wide policy a formal position on it has not been able to be made at this time.

 

Current situation

 

The Fair Trading (Short Term Rental Accommodation) Act and Strata Act amendments have now been enacted without the new-state wide planning policy. These amendments include the introduction of a mandatory Code of Conduct that will apply to anyone involved in providing or using short-term holiday letting including hosts, guests, online platforms, and letting agents. And amendments to the strata scheme management laws to clarify that by-laws can prohibit short-term holiday letting, but only for lots that are not a host’s principal place of residence.

 

Council has 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; and also to enable Council to tailor a local response to planning and regulation through either the state-wide policy or Byron local environmental plan provisions.

 

The Minister has been 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-wide policy would only be to short term holiday lets where no host is present.

 

This Council considers 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 the community is both fair and balanced for the community as a whole not just one part.

 

An urgent meeting with the Planning Minister has also been sought. While no response has been received from the Minister, Council staff received an email 11 July from the Department of Planning staff for a meeting to discuss the proposed planning framework for short term holiday let.  Dialogue is to occur during July. Further updates will be provided to Council as available.

 

Financial Implications

 

Staff resourcing and any enforcement proceedings need to be managed within the existing budget allocation. Costs are dependant on and specific to the enforcement proceedings.

 

The impacts of the new state-wide planning framework for short term holiday let on Byron Shire have not been able to be assessed as yet.

 

Statutory and Policy Compliance Implications

 

Environmental Planning and Assessment Act 1979; Local Government Act and related Acts and regulations.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.14

 

 

Report No. 13.14         Northern Joint Regional Planning Panel (JRPP) - community representatives

Directorate:                 Sustainable Environment and Economy

Report Author:           Shannon Burt, Director Sustainable Environment and Economy

File No:                        I2018/1350

Theme:                         Sustainable Environment and Economy

                                      Development and Certification

 

 

Summary:

 

At the 24 May 2018 ordinary meeting, Council resolved to seek community members for part time appointment to represent Council on the Northern Joint Regional Planning Panel. Nominations submitted for Council’ consideration are attached to this report.

 

 

  

 

RECOMMENDATION:

1.   That Council nominate 4 community representatives for part time appointment to present Council on the Northern Joint Regional Planning Panel as the alternate Panel members.

 

2.   That Council thank all nominees for their interest and time in submitting an Expression of Interest.

 

3.   That Council notify the Planning Panel Secretariat of the above nominations.

 

 

Attachments:

 

1        Confidential - Nominations EOI Northern Joint Regional Planning Panel, E2018/61095  

 

 


 

Report

 

At the 24 May 2018 ordinary meeting, Council resolved to seek community members for part time appointment to represent Council on the Northern Joint Regional Planning Panel (Panel).

 

Under the Act, a Council is to nominate 2 persons as Council nominees for the purposes of the

Panel, at least 1 of whom has expertise in planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.

 

A Panel is comprised of 5 members: 3 appointed by the Minister and 2 appointed by the relevant local council. Each Panel also includes alternates to act in place of the permanent members if they are unavailable for any reason.

 

Due to recent Panel membership changes, Council currently only has 2 nominated members both without alternates.  Current nominated Panel members are: Councillor Basil Cameron and David Millage (Community).

 

Note however, under resolution 18-336 (6), the Mayor has recently under delegated authority made the temporary appointments of Katie Milne and Vanessa Ekin to the Panel for the West Byron development applications to ensure community representation on the Panel for the relevant determination hearings.

 

Notwithstanding the above, at least 4 additional members are needed: 2 alternate members to the permanent Panel members; and a further 2 alternate members for any review of determination applications made to the Panel.

 

This report has been prepared to allow Council to consider the nominations received by EOI, as contained in Confidential Attachment 1 (#E2018/61095).

 

Any changes made to the Council-nominated members need to be made and the Planning Panels

Secretariat notified at least two weeks prior to any scheduled Panel meeting

 

6 nominations were received to the recent EOI process.

 

Council is being asked to nominate 4 for part time appointment to present Council on the Northern Joint Regional Planning Panel as the alternate Panel members.

 

Financial Implications

 

The Department of Planning and Environment does not remunerate council nominated members, it is a matter for each council to determine, taking into consideration the previous guidelines from the Minister.

 

Council Staff Members: No fees should be paid, as participation in the regional panel would  form part of the employee’s regular duties, consistent the Department Premier and Cabinet Guidelines for NSW Board and Committee Members: Appointment and Remuneration (the DPC Guidelines).

 

Elected Councillors: As Councillors already receive an annual fee set by the Local Government Remuneration Tribunal each year for performing their councillor duties, an additional per meeting fee is reasonable, recognising that membership of the regional panel brings additional responsibilities.

 

Community members: Each council may determine an appropriate level of remuneration for that person, by arrangement with that member, with your Council’s current rates used as a guide when determining appropriate remuneration rates.

 

The EOI was notified with the community position/s being in a voluntary capacity and panel members not being paid.

 

Statutory and Policy Compliance Implications

 

All regional panel members are expected to follow the regional panel’s operational procedures and to adhere to the regional panel’s code of conduct. Both of these documents can be found at www.jrpp.nsw.gov.au

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.15

 

 

Report No. 13.15         PLANNING - Amendment to DCP 2010 - Chapter 1 Part J - Coastal Erosion lands

Directorate:                 Sustainable Environment and Economy

Report Author:           Steve Daniels, Project Officer - Planning Reforms

File No:                        I2018/1276

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

 

Summary:

 

This report presents the public exhibition outcomes for a proposed amendment to Byron DCP 2010 - Chapter 1 Part J to clarify that subdivision of land under the Strata Schemes Development Act 2015 is only permitted in relation to existing lawfully approved buildings, and not to create vacant lots.

 

The proposed DCP amendment (Draft DCP) was placed on public exhibition from 31 May 2018 to 28 June 2018.  No public submissions to the Draft DCP were received during the exhibition period. 

 

A staff review of the Draft DCP identified a minor typographical error whereby reference to the 7(f)2 Urban Coastal Lands zone had been omitted from clause J2.6 Element – Subdivision of Land. It is proposed that a minor amendment be made to the exhibited Draft DCP to rectify this.

 

This report recommends that Council approve the exhibited Draft DCP 2010 - Chapter 1 Part J with changes in accordance with this report.

 

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 adopt the modification to the Draft Byron DCP 2010 - Chapter 1 Part J, as outlined in this report, and give public notice of the decision within 28 days.

 

 

 


 

Report

 

Council considered a report on 19 April 2018 for a development application that proposed a strata subdivision of land located in the 7(f2) Urban Coastal Lands zone under Byron LEP 1988, and located within coastal erosion Precincts 1 & 2 defined in Byron DCP 2010 – Chapter 1 Part J. The proposed subdivision would create two lots of 1,030m2 and 975m2.  Proposed Lot 1 (1,030m2) would result in the creation of a vacant lot.

 

Creation of new lots for development in the 7(f2) zone is considered undesirable and outside of the public interest due to the risk of development adversely affecting, or being adversely affected by, coastal processes.  The initial report to Council proposed that this matter can be addressed through an amendment to Byron LEP 1988 and an amendment to Byron DCP 2010.     

 

Council resolved to proceed with preparation and public exhibition of the proposed DCP amendment on 19 April 2018 as follows:

 

Part 2 of 18-207 Resolved:

 

2.       That Council:

 

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

 

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

 

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

 

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

 

It should be noted that Res 18-207 also resolves that Council initiate the preparation of a planning proposal to amend Byron LEP 1988.  Preparation of a planning proposal is taking place as a separate process to the DCP amendment addressed in this report.  At present, Council is awaiting further advice from the Department of Planning & Environment before proceeding with preparation of a planning proposal.

 

The proposed DCP amendment was placed on public exhibition from 31 May 2018 to 28 June 2018 in accordance with Res 18-207

 

Public Submissions

 

No public submissions were received during the exhibition period.

 

Staff Review

 

A staff review of the Draft DCP identified a minor typographical error whereby reference to the 7(f)2 Urban Coastal Lands zone had been omitted from the draft clause.  It is proposed that the draft clause be amended to specify that Council will not consent to the subdivision of land in Zone No 7 (f2)—(Urban Coastal Lands (f2) Zone) that is located within coastal erosion Precincts 1 and 2.  This is because the draft clause (Chapter 1 - Part J2.6) only applies to land in the 7(f2) zone.  

 

An excerpt from the Draft DCP (Chapter 1 - Part J2.6) is provided below, with the proposed amendment resulting from the staff review shown in red text:

 

J2.6   Element – Subdivision of Land

 

Element Objective

 

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

 

Performance Criteria

 

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

 

Prescriptive Measures

 

Council will not consent to the subdivision of land in Zone No 7 (f2)—(Urban Coastal Lands (f2) Zone) that is located within Precincts 1 and 2 other than:

 

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

 

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

 

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

 

For additional context, a copy of the existing DCP Chapter (Chapter 1 - Part J: Coastal Erosion Lands) can be viewed on Council’s website via the link below.  The exhibited amendment (J2.6 Element – Subdivision of Land) will be included on page J8.

 

https://www.byron.nsw.gov.au/Services/Building-development/Plans-maps-and-guidelines/Byron-DCP-2014-and-2010/Development-Control-Plan-2010

 

Financial Implications

 

As this is a Council initiated DCP amendment, the processing costs will be borne by Council. If Council chooses not to proceed then the matter does not incur any additional costs.

 

Statutory and Policy Compliance Implications

 

The amendment of development control plans is governed by Environmental Planning and Assessment Regulation 2000 (Part 3 – Development Control Plans). The amendment process is summarised below:

 

Part 3 of the regulation states that a draft development control plan must be publicly exhibited for at least 28 days and copies of the draft development control plan are to be made publicly available.  After considering any submissions about the draft development control plan that have been duly made, the council:

 

(a)  may approve the plan in the form in which it was publicly exhibited, or

(b)  may approve the plan with such alterations as the council thinks fit, or

(c)  may decide not to proceed with the plan.

 

The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.  Notice of a decision not to proceed with a development control plan must include the council’s reasons for the decision.  A development control plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

 

The relevant policy considerations are addressed above.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.16

 

 

Report No. 13.16         PLANNING - S96 10.2013.128.3 -  Delete Condition 59 and Permit Paid Parking 30 Tanner Lane Tyagarah

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Manager Sustainable Development

File No:                        I2018/1290

Theme:                         Sustainable Environment and Economy

                                      Development and Certification

 

 

Proposal:

Section 96(1A) Application No:

10.2013.128.3

Proposed modification:

S96 to amend Condition 59 to Permit Paid Parking

Original Development:

Operate a Place of Assembly (Blues Festival), incorporating an annual five-day music festival over the Easter Holiday period, with associated temporary infrastructure (i.e. marquees, camping, food stalls, restaurants, market stalls, fencing and car park

Property description:

LOT: 103 DP: 1023126, LOT: 105 DP: 1023126, LOT: 104 DP: 1023126

30 Tanner Lane TYAGARAH, 35 Yarun Road TYAGARAH, 2 Tanner Lane TYAGARAH

Parcel No/s:

235000, 268701, 235020, 268703, 235010, 268702

Applicant:

Newton Denny Chapelle

Owner:

East Coast Blues & Roots Music Festival Pty Ltd

Zoning:

RU2 Rural Landscape / PART DM Deferred Matter

Public notification or exhibition:

-    Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 01/03/2018 - 14/03/2018

-    One Submission was received

Delegation to determination:

Council

Issues:

·    Impacts on traffic on the highway and local road network

 

Summary:

The applicant is seeking approval to amend Condition No.59 of the consent in relation to a prohibition on charging for parking at Bluesfest Events.  The condition states:-

 

59. No Car Parking Fees

The entry for the event shall include free car parking within the site to discourage on-street car parking on roads within the vicinity.

 

The purpose of the condition is to:-

a)      discourage parking in the surrounding road network by making parking freely available for patrons within the Bluesfest Car Park; and

 

b)      to enable traffic to enter the site unencumbered without the need to pay a fee at the entrance to the site in terms of traffic management.  This is of importance having regards to the means of entrance to the site via the Pacific Hwy Off ramps with a 110 km speed environment. 

 

The applicant has advised of the need to charge for parking for financial reasons. They have proposed that drivers will not be charged until they have parked their vehicles and patrons will be then approached for payment. A media campaign would advise patrons of the charges associated with parking at Bluesfest, whilst staff would be employed to monitor any queuing issues that may arise on the Pacific Hwy, with traffic management taking priority over any collection of car parking fees. The applicant has provided details on other events that charge for parking including Splendour in the Grass and Falls Festival at Yelgun. The matter was originally reported to the Local Traffic Committee (LTC) on the 20 March 2018 whereby the request for paid parking was not supported. 

 

The applicant has provided further information in relation to the management of traffic and believes that the provision of paid parking can be appropriately managed through:

 

·        pre purchase of parking tickets

·        the use of dedicated staff to collect parking fees after cars have parked

·        The use of smart technology such as tap and go wireless eftpos machines to enable quick and easy cashless payment on the spot

·        Suspension of paid parking in the event that traffic was starting to queue on the highway

 

In discussions with the applicant the point has been made that a price on parking is also desirable to make other forms of transport more attractive such as local buses and kiss and ride by family and friends. It is also noted this will provide a “Plan B” for patrons as they will not be tempted to drink and drive if they have utilised other forms of transport to access the event.

 

The matter was reported back to the LTC on the 26 June 2018 whereby the following recommendation was made:

 

1.       That Paid parking at Bluesfest:

a)      Be supported for Bluesfest 2019 with a review following the event within 2 months of the event;

b)      If no issues are raised by either the RMS, Police or Council that paid parking be permitted as a permanent arrangement.

2.       The committee advises the proponent to incorporate these changes into future TMP/ TCP’s and that these be lodged with Council at least 4 months prior to the event. 

 

It is recommended that the consent be amended to enable paid parking for the 2019 event and to reflect the recommendations of the Local Traffic Committee.

 

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

1.    That pursuant to Section 96 of the Environmental Planning & Assessment Act 1979, that Application No. 10.2013.128.3 be approved by modifying  development consent Number 59 to read

 

59. Car Parking Fees and Traffic Management Plans

Paid parking is permitted for the Bluesfest 2019 Event. The applicant to prepare a Traffic and Parking Report following the event to be submitted to Council within 2 months of the 2019 event for review by the Local Traffic Committee. The report to address functionality of paid parking, any delays on the Pacific Highway and surrounding roads, illegal parking and camping and any traffic incidents.

 

If no issues are raised by the RMS, the NSW Police Force or Council in terms of paid parking at the LTC, paid parking can continue as a permanent arrangement.

 

Should this not be supported post the 2019 event, the entry for further Bluesfest Events shall include free car parking within the site to discourage on-street car parking on roads within the vicinity. Bluesfest to be advised of the outcome of this review.

 

The parking arrangements to be incorporated into future Traffic Management / Traffic Control Plans for the even. (Note: These plans to be submitted to Council a minimum of four months prior to the annual Bluesfest Event.)   

 

 

Attachments:

 

1        Attachment 1 - submission received, E2018/58877

 

 


 

Report

 

1.1.       History/Background

 

DA10.2013.128.1 – Approved 7/5/14

DA10.2018.128.2 – Approved 11/12/14

 

1.2.       Description of the proposed development

 

This application