Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 23 August 2018

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 4.00pm

 

 

 

 

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 2 August 2018

6.2       Ordinary Meeting held on 2 August 2018

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Byron Shire Voluntary Visitor Fund................................................................................... 6

9.2       2018 Local Government NSW Conference Motion........................................................ 13

9.3       Waiver of Approval Fees for Chincogan Charge Event................................................. 15

10.  Petitions

11.  Submissions and Grants

11.1     Byron Shire Council Submissions and Grants as at 1 August 2018............................... 17

12.  Delegates' Reports  

13.  Staff Reports

General Manager

13.1     Railway Park rotunda location options............................................................................ 19

13.2     Representation at Northern Rivers Rail Trail Meetings................................................... 24

13.3     Byron Skate Park and Recreation Hub.......................................................................... 26

13.4     International Parking Day - Byron Bay........................................................................... 29

13.5     Open Space and Recreation Needs Assessment and Action Plan - draft for community consultation......................................................................................................................................... 32

13.6     Revised Community Engagement Policy....................................................................... 38

Corporate and Community Services

13.7     Land and Environment Court Proceedings Gordon Highalands Pty Ltd ....................... 40

13.8     Operational Plan 2017-2018 and Delivery Program 2017-2021 - 6-month progress report to 30 June 2018................................................................................................................................. 48

13.9     Council Resolutions Quarterly Review - 1 April 2018 to 30 June 2018.......................... 51

13.10   Carryovers for inclusion in the 2018/19 Budget.............................................................. 53

13.11   Budget Review 1 April 2018 to 30th June 2018.............................................................. 58

13.12   Investments July 2018.................................................................................................... 67

13.13   Bayshore Drive Roundabout Public Art Project.............................................................. 74

13.14   Water, Waste and Sewer Advisory Committee - Community Representatives............. 76

13.15   Licence for community garden at Red Bean Close Suffolk Park.................................. 78

Sustainable Environment and Economy

13.16   Planning Proposal Update - The Saddle Road (26.2017.3.1) ........................................ 86

13.17   PLANNING - Exceptions to Development Standards - 1 April 2018 to 30 June 2018 .. 91

13.18   Development of the new Tourism Management Plan  .................................................. 94

13.19   Submissions Report on the Draft Integrated Pest Management Policy....................... 100

Infrastructure Services

13.20   Grays Lane Upgrade - Project Status and Community Consultation Outcomes ........ 108

13.21   Waterlily Park Planned Upgrades................................................................................. 114

13.22   Suffolk Beachfront Holiday Park Dog Friendly Report................................................ 121

13.23   Settlement Road Submission Update .......................................................................... 130

13.24   Broken Head Reserve & Seven Mile Beach Road - ongoing issues............................ 134

13.25   Suffolk Park Stormwater Drainage Asset Condition.................................................... 142

13.26   Byron Bay High School - Safety Issues at Arakwal Court........................................... 147

13.27   Parking Time Changes in  Mullumbimby, Bangalow and Brunswick Heads -  Status Report      150

13.28   Recycled Water Management Strategy 2017-27......................................................... 157

13.29   Coolamon Scenic Drive - Improving Road Safety....................................................... 160

13.30   Suspension of Council Policy 4.17................................................................................ 163   

14.  Reports of Committees

Sustainable Environment and Economy

14.1     Report of the Heritage Panel Meeting held on 3 July 2018.......................................... 165

Infrastructure Services

14.2     Report of the Local Traffic Committee Meeting held on 31 July 2018......................... 167   

No table of contents entries found.

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

Corporate and Community Services

16.1     Confidential - Request for Tender for Minor Civil Works less than $150,000 (2018-0024)   172

16.2     Confidential - Council purchase from Health Administration Corporation- Mullumbimby War Memorial Hospital site and Site Remediation .............................................................. 174

Infrastructure Services

16.3     Confidential - CONTRACT 2018-0028 100mm Water Main Rail Corridor Byron Bay         177  

 

 

 

 

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

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Byron Shire Voluntary Visitor Fund

File No:                                  I2018/1329

 

  

 

I move:

 

That Council support the development of a Voluntary Visitor Fund using framework and governance structure option 3 - which shows Council as the administrator of the fund with an industry led Steering Committee.

 

 

 

 

 

Signed:   Cr Simon Richardson

 

Councillor’s supporting information:

 

We know the options for receiving money directly from visitors to Byron Bay have been discussed at length over the years. It is a common myth that Council receives a sizable financial benefit from the millions of tourists that visit Byron Bay. In fact, aside from heightened business rates, it receives nothing and spends millions of dollars to provide extra sewerage capacity, increased road maintenance and toilet upkeep just to name a few costs.

 

The underlying ideology behind this initiative, and in fact behind the wider volunteer tourism sector, is that it supports a transition in society from ‘travel to take’ to ‘travel to assist’ – putting something back while you travel. We are increasingly interested in ensuring a place we visit is better for us being there and studies have shown that over 90% of visitors would be supportive of contributing to the area they visit.

 

Our local community would also benefit from the funds, and may improve relations towards visitors if the community could see the tourist dollar being directed towards enhancing and maintaining our town. There is increasing evidence that visitors and the tourism industry are prepared to provide voluntary support for environmental conservation and the wellbeing of local communities in destinations. A number of studies have identified that tourists are willing to pay for such outcomes, provided that local benefits can be clearly identified.

 

At the Council meeting on 21 November 2013, I put forward a Notice of Motion regarding a Voluntary Visitor Contribution for Byron Shire to assist with managing the impacts of tourism. The Council resolution was as follows (13-622):

1.       That Council commence a trial voluntary visitor contribution at the First Sun and Suffolk Park caravan parks.

2.       That staff ensure this requirement is outlined within the scope of future park management contracts.

3.       That the trial period begins from 1 July, 2014, coinciding with new park management contracts and an evaluation be provided after the Summer holiday period, 2015.

4.       That staff provide a report addressing the following aspects:

a)      Creation of a Beautify Byron Fund, in which to receive funds raised and to provide a prioritised list of projects where the funds raised could be spent.

b)      The development of a marketing and promotional strategy to facilitate the voluntary contribution project.

c)      Inviting other businesses within Byron Bay to also take part in the voluntary contribution scheme, including being part of a governing body to oversee the Fund.

d)      Financial implications.

Since this resolution, a minimal amount of funds have been raised through Councils holiday parks.

 

Over the past 12 months I have been speaking to industry looking for feedback and support with launching a voluntary visitor fund. These discussions have involved looking at a model where the business opts-in and simply adds a small contribution to the visitors total bill. In May 2018, an industry forum was held presenting some of the information below, which shows how a voluntary visitor fund could be initiated in Byron Shire. This includes the following:

 

1.       A proposed framework / governance structure

2.       Proposed administration

3.       Proposed fee structure

4.       Transparency and auditing

5.       Collection frequency and method

6.       Contracts with accommodation providers

7.       Project budget, including income estimates

8.       Timelines

 

Proposed Framework and Governance Structure

 

The following table shows three different framework and governance options.

 

Option 1

Tourism Organisation Administers

Option 2

Independent Accountant with Industry Steering Committee

Option 3

Byron Council and Steering Committee Administers

Tourism Organisation would:

·      Engage Executive Officer or staff to administer

·      Collect data

·      Manage trust account or engage accountancy firm

·      Distribute funds to projects

·      Administer contracts

·      Undertake promotions and marketing

·      Secure memberships.

The Accountant would:

·      Manage trust account

·      Collect data

·      Distribute funds to projects

The Steering Committee would:

·      Engage and manage Executive officer/staff

·      Undertake promotions and marketing

·      Secure memberships

·      Administer contracts.

Byron Shire Council would:

·      Manage trust account

·      Collect data

·      Distribute funds to projects

The Steering Committee would:

·      Undertake promotions and marketing

·      Engage Executive Officer

·      Secure memberships

·      Administer contracts.

Pros:

·      Arms length from Council

·      Industry Association led

·      More flexible and responsive to market changes

·      Not For Profit with strict auditing requirements

·      GST management would be absorbed into current structure

Pros:

·      Arms length from Council

·      Whole of industry led – those who are members or signed up led

·      Accountant collects commercial in confidence data & protects privacy

·      Encompasses all accommodation options

·      Flexible and responsive to market changes

Pros:

·      Establish new bank account for transparency

·      Subject to independent audit

·      Existing GST and debt recovery processes

·      Council collects commercial in confidence data & protects privacy

·      Steering committee would oversea operation of account and distribution of funds

·      Leverage existing administration services within Council

Cons:

·      Only one portion of the market and would the rest of the industry be comfortable sharing their commercial in confidence figures?

·      Volunteer run organization without the experience to administer and promote such a program

·      The program could take organisation away from core business

·      Additional costs to the organization

·      Costs to administer the program

Cons:

·      Accountant costs to administer the trust account would be considerable

·      The steering committee would also require funds to drive membership, marketing and administer the program

·      New governance structure and organisation

·      Administration costs spread across two groups could be considerable

·      Considerable costs to establish organization

·      Time taken to establish and commence

Cons:

·      Funds could be ‘perceived’ as being used as consolidated revenue

·      Additional work for Council to administer

·      Lack of experience administering and running a membership scheme

·      Is it Council’s core business?  And would industry support this model?

 

Industry has highlighted option 3 as their preference, which shows Council as the administrator of the fund with an industry led Steering Committee.

 

Proposed Administration

This project would require the engagement of an Executive Officer to undertake the following tasks:

 

1.       Secure industry memberships and grow the number of contributions (and also work with purchasing to input each business as a supplier)

2.       Administer contracts with members

3.       Work through the collection methodology and auditing process

4.       Undertake all promotions and marketing with the visitor economy and members (develop the branding, marketing collateral, website and social media strategy)

5.       Oversee project selection and completion

 

It is anticipated the Executive Officer would be employed for 3 days a week to drive and administer the program. The officer would report to the Economic Development and Sustainability team and work directly with the Industry Steering Committee and Council staff to assist in communicating the delivery of each project.

 

Proposed fee structure to guide industry

Below is the proposed pricing classification for industry.

 

Bookings under $100

Bookings $100 - $199

Bookings $200 - $299

Bookings $300 - $499

Bookings $500 and over

Proposed Fee Options

$NIL

$1

$2

$3

$5

 

Note: at the industry forum it was suggested that only accommodation providers be targeted. If tour and activity providers and restaurants etc. added a contribution to the bill it could be argued that many visitors would pay a contribution twice. Also, it would be extremely labour intensive to administer this program with hundreds of tour and activity operators. Note, the structure above does not capture day visitation.

* Bookings refer for accommodation only (not transfers, food, activities, beverages etc.)

Here is an example of how funding could be raised

 

Hotels, Resorts & Motels

Backpacker Hostels

Apartments and Houses

Festival camping

Caravan & camping/B&B

Per accommodation booking

Per accommodation booking

Per accommodation booking

Per accommodation booking

Per accommodation booking

 

 

 

 

 

Proposed Fee Options (as per the table above)

$2

$1

$5

$1

$2

Approximate number of properties

38

13

1,000

Falls & Splendour

65

Approximate number of voluntary accommodation units

2,500

1,500

1,000

40,000

6,000

If we had 25% paying the fee with an annual average occupancy rate of 75%

$172,000 potentially

$14,500 potentially

$48,500

potentially

$120,000

potentially

$117,000

Potentially

 

Business contributions

 

The Voluntary Visitor Fund (VVF) can also create the mechanism for local business to provide a lump sum ‘donation’ to the fund to contribute to local projects. Note: Council cannot achieve charity status for the VVF, so a business making a donation will not receive the tax benefits that it would normally receive by donating to a charity.

 

Transparency

 

After much consultation with industry more work needs to be done to work through the mechanics of collection method of the VVF and in particular how to report the amount of funds raised. This process is not as straight forward as first thought. It is suggested that Council meet with small, medium and large accommodation providers and also a property with Management Rights to understand how a collection method could be adopted, or whether multiple methods are required for different operators.

 

Some accommodation outlets report their occupancy daily (occupancy/vacancy rate) to their channel managers i.e. Wotif, booking.com etc.  So the reporting of the occupancy rate is normal practice therefore basing the voluntary fee on the occupancy rate could make it straight forward for some operators to administer. 

 

Collection Frequency and Auditing

 

After speaking with industry, Council could issue invoices monthly to participating businesses. Monthly invoices would also assist in managing cash flow by having funds available regularly to pay for projects.

 

Each month businesses would send their bookings (from their channel manager report or other identified reporting mechanism – to be decided after more industry consultation) to Economic Development. Council would then raise invoices monthly based on the reports from each business.

 

It is recommended that once a year an independent auditor conducts an audit to review the accuracy of the channel manager and/or other reporting mechanisms from operators and pick up any discrepancies.

 

Contracts with Accommodation providers

 

Contracts need to be developed between Council and the participating accommodation houses. Ideally this would be for a minimum period for example, two years (or the longer the better) would be essential.  For ease of administration, the accommodation property could select which projects they want their funding to support at the time of signing their contract.

 

Part of the contract must address the promotion of the scheme ensuring positive buy-in from participating businesses. This Executive Officer will need to assist the visitor economy to promote the positive aspects to both the visitors and local community.  Promotional material such as logos for accommodation, brochures and project updates would be vital to assist visitors making a positive choice when selecting their accommodation. 

 

Project Budget

 

Revenue

Estimate

Potential income in year 1

$220,000

 

 

Estimated Costs in year 1

Estimate

·    Establish branding, collateral and website

$50,000

·    Accountancy fees (applicable with options 1 and 2)

$20,000

·    GST, bank fees, insurances (applicable with options 1 and 2)

$10,000

·    Executive officer – 3 days per week - annually

$45,000

·    Equipment ie: phone, computer

$5,000

·    Audit fees

$5,000

·    Member events/engagement

$5,000

Total

$140,000

 

 

The estimated costs provided must be paid upfront to ensure there is no cash flow issue for Council. Also, it’s important that in its first year the project delivers outcomes for Byron Shire, rather than contributions solely being used to pay for the ‘administration’ of the program.

 

I am requesting that $140,000 be initially sourced from operational funds. Over time money collected will cover all administrative costs and also provide adequate funding the deliver projects and can be returned to Council once the VVF has been collected.

 

Timelines

 

Task

Indicative timing - 2018

Appoint an Executive Assistant (Note: the tasks of the EO are listed on page 3)

September

Develop the branding collateral, website and social media strategy

September – December

Develop contracts and secure industry memberships

October – December

Appoint the Industry Steering Committee

October / November

Industry launch event (and media launch)

November

Projects identified and publicised

November

Commence social media strategy

December

 

Proposed Projects

 

Council and the Industry Steering Committee would work with industry and the community to identify and prioritise projects.

 

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

 

Staff have been working with industry in this space and there is support from the accommodation sector for some form of visitor contribution.

 

The potential risk to Council is the unknown amount of revenue that will be raised and potentially not being able to cover the administration costs of the program. Also, there is still a lot of work that needs to be completed around the collection methodology and the auditing process (and the somewhat lack of transparency). The Economy and Sustainability team would work through these issues with the appointed Executive Officer.

 

Financial/Resource/Legal Implications:

 

The estimated costs for year 1 are $140,000 and much of these costs are fixed. There is a potential risk to Council that the revenue goal is not reached and Council is unable to deliver any projects or cover the running costs of the project. Currently, there are no funds to cover these costs should that occur.

 

Is the proposal consistent with any Delivery Program tasks?

 

The VVF aligns with the Byron Shire Tourism Management Plan and Delivery Plan. This is described in detail below.

 

Councils Tourism Management Plan (TMP) has a whole strategy dedicated to improving the provision of funding. Objective two of the TMP asks Council to identify, pursue and implement appropriate funding for the management, development and marketing of tourism and for the environmental enhancement of tourist areas.

Objective 5 of the TMP looks at on-going local education and communication to ensure visitors, local businesses, local government and the community understand tourism and community values.

 

The VVF also aligns with Councils Delivery Plan. In particular the following strategies:

·        Strategy 3.1 - partner to protect and enhance our biodiversity, ecosystems and ecology.

·        Strategy 4.1 – support the visions and aspirations of local communities through place-based planning and management

·        Strategy 4.4 – support tourism and events that reflect our culture and lifestyle

·        Strategy 5.1 – engage and involve community in decision making

 

A VVF initiative is also reflective of the feedback heard by community during the Big idea Revenue Workshopsheld during the preparation of the Our Byron Our Future Community Strategy Plan.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     2018 Local Government NSW Conference Motion

File No:                                  I2018/1514

 

  

 

I move:

 

That Byron Shire Council resolves to put the following proposal to the 2018 Local Government NSW Conference: 


“That Local Government NSW provide research and resources to support Councils in NSW developing and implementing Gambling Harm Prevention policies.”

 

 

 

 

Signed:   Cr Paul Spooner

 

Councillor’s supporting information:

 

The proposed motion for this year’s state conference supports the Notice of Motion resolved at the 22 March meeting of council, in particular point 4.

 

18-161 Resolved:

1.       That Council write to the new owners of The Beach Hotel endorsing their deliberate decision to remove poker machines from their venue to improve the wellbeing of the Byron Shire community and set a precedent for other venues across Australia to follow.

 

2.       That Council write to all remaining poker machine venues in Byron Shire opening a dialogue to gauge their interests in pursuing a similar strategy to divest their poker machines and offering Council support if they wish to investigate alternative business models.

 

3.       That Council undertake a review of Council’s potential interests and involvements with poker machines by researching:

i)        council investments with regard to the Ethical Investment Policy;

ii)       any council or crown land leases that may involve poker machine venues; and

iii)      planning controls that may be available (or potentially available) for limiting the use of poker machines within the shire.

 

4.       That a report be prepared for the May Ordinary Meeting outlining options to develop a comprehensive gambling policy to reduce the harm in the Byron Shire from the use of poker machines.

 

5.       That Council requests that the State Government refer the proposed amended NSW Legislation in relation to gambling, announced and introduced to parliament on 5 March 2018, to an inquiry for further investigation and consultation with local governments as to the potential impacts on gambling harm in our community.

 

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

 

Staff recognise the social, emotional, and economic impacts of problem gambling within the community and the proposed motion adheres to the LGNSW policy principles.

 

Council received a report at the May 2018 Ordinary Meeting which outlined the limited number of NSW councils who have developed a gambling harm minimisation Policy. Council resolved to review and receive a report on the development of the Northern Beaches Council Gambling and Poker Machine Harm Minimisation Strategy that is due to be finalised in August 2018. It is anticipated that this body of work will provide a guide to Council for development of a local harm minimisation policy.

 

The motion if adopted at the 2018 Local Government NSW Conference, would result in additional resources being available to all Councils, to assist and support in the preparation of local harm minimisation policies.

 

Financial/Resource/Legal Implications:

 

It is expected the work requirements for developing a Gambling Harm Minimisation Strategy will be   met from existing budgets unless additional resourcing support can be secured externally.

 

Is the proposal consistent with any Delivery Program tasks?

 

2.2 a) Develop and maintain collaborative relationships with the government sector and community.  


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Waiver of Approval Fees for Chincogan Charge Event

File No:                                  I2018/1519

 

  

 

I move:

 

That Council:

 

1.       Waive approval fees associated with the 2018 Chincogan Charge event

 

2.       Reimburse Mullumbimby Chamber of Commerce for any approval fees already paid

 

3.      Advertise the amount of the waiver as a s356 donation

 

 

 

 

Signed:   Cr Basil Cameron

 

Councillor’s supporting information:

 

The Chincogan Charge has been a long time feature of community and social life in Mullumbimby. It is a footrace over a return course from town to the top of Mt Chingcogan.

 

Traditionally held as part of the Chincogan Fiesta, one of Mullumbimby’s most important fund raising events which regularly saw significant sums donated to various community causes, perhaps most notably for purchasing equipment and services for the Mullumbimby Hospital.

 

The Chincogan Fiesta has not been held for many years, however in 2017, in response to much discussion in the community, the Chincogan Charge was successfully reprised. The 2018 event is scheduled for 8 September and will incorporate a salute to the spirit of the Chincogan Fiesta with a food provided by Mullumbimby Public School and a tug of war organised by the Brunswick Valley Historical Society and local business. 

 

The event involves a street closure that has already been given approval through the LTC and Council. I propose that approval fees associated with the street closure be waived.

 

Staff comments by James Brickley, Manager Finance, Corporate and Community Services:

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

                                                                                                                                  

Council as part of the 2018/2019 Budget Estimates has allocated a total budget of $7,000 to assist community organisations with the costs of any approvals from Council required to conduct community events as a Section 356 Donation. At the time of preparing these comments, none of this budget has been expended so far in the 2018/2019 financial year.

 

Should Council approve this Notice of Motion, funding is available to assist with approval fees for the Chincogan Charge and as indicated at part 3 any donation made to offset the approval costs will need to be advertised.

 

It is understood from Council events staff, the event for 2018 is different to that held in 2017 and will require only a Roads Act approval for road closure.  The cost of this for the 2018/2019 financial year is $368.00.

 

Financial/Resource/Legal Implications:

 

Waive fees for approvals associated with approvals for Chingcogan Charge.

 

Is the proposal consistent with any Delivery Program tasks?

 

Section 356 Donations and Activities

2341.16 Contribution - Community Events - Approval Expenses

 

  


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Byron Shire Council Submissions and Grants as at 1 August 2018

Directorate:                 Corporate and Community Services

Report Author:           Jodi Frawley, Grants Co-ordinator

File No:                        I2018/1411

Theme:                         Corporate Management

                                      Corporate Services

 

 

3Summary:

 

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 (#E2018/64272) for the Byron Shire Council Submissions and Grants as at 1 August 2018.

 

Attachments:

 

1        BSC Submissions and Grants as at 1 August 2018, E2018/64272

 

 


 

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

 

Successful Applications

 

·        Development of Compliant Plans, Implementation of new Crown Land Management Act 2016, NSW Office of Local Government

 

Unsuccessful Applications

 

·        Implementation of projects in the Byron Bay Town Centre Masterplan, Building Better Regions Fund round 2, Australian Government

·        Byron Bay Skate Park, Regional Sports Infrastructure Fund, NSW Regional Growth Fund

 

Applications Submitted

 

·        The Redevelopment for the Far-North Coast Fire Control Centre, Infrastructure Grants – Emergency Preparedness, NSW Liquor and Gaming

·        Statements of Heritage Significance for Rail Precinct Byron Bay, Royal Australian Historical Society Rail Transport Heritage Grants

·        Main Arm Road Curve Improvements at Chainage 5900, Safer Roads, NSW Roads and Maritime Services

·        Main Arm Road and Settlement Road Intersection, Safer Roads, NSW Roads and Maritime Services

·        Coolamon Scenic Drive - Road Safety Evaluation (Project 1), Safer Roads, NSW Roads and Maritime Services

·        Coolamon Scenic Drive - Road Safety Evaluation (Project 2), Safer Roads, NSW Roads and Maritime Services

·        Coolamon Scenic Drive - Road Safety Evaluation (Project 3), Safer Roads, NSW Roads and Maritime Services

 

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

 

Financial Implications

 

If Council is successful in obtaining the identified grants more than $20 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

8,194,050

Council cash contribution

4,140,176

Council in-kind Contribution

56,158

Other contributions

8,540,000

Funding applications submitted and awaiting notification (total project value)

20,930,384

 

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           Railway Park rotunda location options

Directorate:                 General Manager

Report Author:           Claire McGarry, Place Manager - Byron Bay

File No:                        I2018/1392

Theme:                         Infrastructure Services

                                      Open Space and Recreation

 

 

Summary:

 

In 2018-19, Byron Shire Council is upgrading Railway Park with landscaping, additional seating and lighting, a new playground, and connecting pathways. This upgrade will bring the area to life so that it can become a space the community is proud of and a fitting ‘welcome’ to the centre of Byron Bay.

 

Staff are progressing with detailed design for the project, with preliminary works currently underway. A critical decision to be made before detailed design can progress is the location of the rotunda occupied by the Byron Environment Centre.

 

This report details the consultation undertaken with the Byron Environment Centre, their adopted position regarding rotunda location, and the consultant designer’s commentary on the suitability of potential rotunda locations in the context of the overarching park design.

 

 

  

 

RECOMMENDATION:

1.       That Council note the request from the Byron Environment Centre regarding the location of the rotunda in Railway Park.

 

2.       That Council identify the preferred location for the rotunda.

 

3.       That staff progress with detailed design incorporating the identified rotunda location, and investigate cost estimates if relocation and restoration are required.

 

 

Attachments:

 

1        BEC request Railway Park, E2018/65942

 

 


 

Report

 

Background

 

In December 2017, Council resolved to endorse the Railway Park Landscape Concept Plan. Staff are progressing with detailed design for the project, with preliminary works currently underway.

 

A critical decision to be made before the detailed design can progress is the location of the rotunda occupied by the Byron Environment Centre (BEC).

 

Consultation

 

Between July and December 2017, staff notified all stakeholders (including the BEC) of the project commencement and concept designs via hard copy letter, email and phone.

 

Staff have had ongoing discussions with the BEC to gather feedback on the park upgrade designs and the location of the rotunda. Specifically, Council and the BEC met:

·        18 December 2017 – General Manager and landscape designer (on-site)

·        27 February 2018 – General Manager and staff (on-site)

·        23 May 2018 – General Manager, Mayor and staff (Council office)

·        29 June 2018 – General Manager, staff and landscape designer (on-site)

·        27 July 2018 – General Manager and staff (Council office)

 

Stage 1 works were completed in April 2018.

 

Over the past 12 months, staff have consulted with a wide range of stakeholders including the BEC, the Byron Masterplan Guidance Group, surrounding businesses, Councillors, and park users to gather feedback on the park design and construction timeframes. The project has also attracted regular media coverage through local outlets.

 

Rotunda Location

 

Following a Strategic Planning Workshop with Councillors, staff met with the BEC on-site in Railway Park on 29 June 2018 to present Council’s preferred rotunda location – identified as ‘B’ on the map below. The BEC were asked to consider the proposal and provide a written response to Council. Staff had previously discussed the option of the rotunda being located outside Railway Park (eg Main Beach) but this was not seen as a viable option by the BEC.

 

On 13 July 2018 staff received a formal response from the BEC (attached), requesting that Council consider alternative locations for the rotunda within Railway Park.

 

Staff met with the BEC on 27 July 2018 which included discussions regarding the possibility of relocation. During these discussions certainty regarding tenure and future use and management of the rotunda by the BEC was raised. The attached response from the BEC also addresses this issue.

 

 

 

 

 

 

 

 

 

 

The below map details potential rotunda locations – locations A, C and D were identified by the BEC. Location B was identified by Council.

 

The below table outlines the potential rotunda locations alongside commentary on the suitability of each location in the context of the overarching park design. The ‘design implications’ advice has been provided by Plummer and Smith – landscape architects engaged to design the Railway Park upgrade.

 

#

LOCATION

RATIONALE FROM BEC

DESIGN IMPLICATIONS

 

A

Existing location

·   High visibility

·   Close to street and thoroughfares

·   Cultural statement

 

 

Undesirable because:

·    Impedes view lines into and across the park – safety implications

·    Results in a visual and physical barrier on the front edge of the park

·    A key public gathering and street front location within the park is lost to locked ‘private’ space

·    Covers prime lawn locations

B

North-Eastern corner between tree stump and Jonson Street

Undesirable to BEC because:

·    Lack of visibility

·    Close to bank wall

·    Not close to thoroughfares

·   Utilises a currently under-utilised part of the park

·   Places structure in an area where lawn areas may struggle due to aspect

·   Opens view lines into and across the park

·   Retains tree stump in situ

·   Allows for tree plantings along bank wall

·   Central cottonwood trees remain the focus of the park for pedestrians crossing Jonson Street

C

A few metres north-east of existing location

·   High visibility

·   Close to street and thoroughfares

·   Central cottonwood trees remain focus of the park for pedestrians crossing Jonson Street

Undesirable because:

·    Results in a visual and physical barrier on the front edge of the park

·    A key public gathering and street front location is lost to locked ‘private’ space

·    Covers prime lawn locations

D

South-Eastern corner close to existing public phones

·   Allows space for events

·   Close to Jonson Street

·   View throughout the park

·   Indigenous art complements public art space

 

·    Impedes view lines into park – safety implications

·    Results in a visual and physical barrier on the front edge of the park- we are removing the toilet block from this location in an effort to open the park edge up and create a welcoming space

·    A key public gathering and street front location within the park is lost to locked ‘private’ space

·    Depending on the location it may be covering prime lawn locations

 

In addition, if Council resolves to relocate the rotunda, the BEC has requested some funds to help to restore the structure and indigenous paintings after the move.

 

Financial Implications

 

If the rotunda is relocated, cost estimates will need to be sought regarding the relocation and restoration of the rotunda as per the above request from the BEC.

 

Statutory and Policy Compliance Implications

 

Council is preparing a Plan of Management for Railway Park. The draft Plan of Management is on exhibition until 31 August 2018, and aims to support the landscape upgrade works and guide the future use of the Park for community purposes.

 

The draft Plan of Management proposes to alter the categorisation of the land from ‘Community – Park’ to ‘Community – General Community Use’.

 

The draft Plan of Management allows for the rotunda to be located on any of the sites identified on the plan.

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.2

 

 

Report No. 13.2           Representation at Northern Rivers Rail Trail Meetings

Directorate:                 General Manager

Report Author:           Heather Sills, Corporate Governance Officer

File No:                        I2018/1394

Theme:                         Corporate Management

                                      Councillor Services

 

 

Summary:

 

The Northern Rivers Rail Trail Inc (NRRT Inc) have extended an invitation to Council to have a representative attend their regular meetings.

 

This report is provided to allow Council to consider the invitation and to nominate Council representative(s) to the NRRT Inc.

 

  

 

RECOMMENDATION:

That Council nominate Cr _________________ to attend the Northern Rivers Rail Trail Inc meetings as a representative of the Byron Shire Council.

 

 

 

 


 

Report

 

Byron Shire Council has been represented by staff and Councillors in the past through attendance at the meetings of the Northern Rivers Rail Tail Inc (NRRT Inc.).

 

Attendance at these meetings would provide Council with an opportunity to work with the NRRT Inc to ensure future plans are consistent with Council’s activities and information can be provided to the committee about projects being undertaken by Council that may impact or involve NRRT Inc.

 

The NRRT Inc meets six-weekly, usually in Bangalow, and occasionally in other locations such as Lismore and Murwillumbah.

 

Following consideration of this report and Council’s decision, a letter will be sent to NRRT Inc to advise Council’s of the outcome.

 

Financial Implications

 

There are no financial implications associated with this report.

 

Statutory and Policy Compliance Implications

 

The Council representative will not have voting rights on the committee and will attend in an advisory capacity, expressing the views of the Byron Shire Council.

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.3

 

 

Report No. 13.3           Byron Skate Park and Recreation Hub

Directorate:                 General Manager

Report Author:           Claire McGarry, Place Manager - Byron Bay

File No:                        I2018/1407

Theme:                         Infrastructure Services

                                      Open Space and Recreation

 

 

Summary:

 

In April 2018, Council resolved to identify the Sandhills area as its preferred location for a Byron Bay Skate Park and to undertake community consultation seeking feedback on this location.

 

This report details the consultation undertaken and feedback received as well as providing an update on funding applications and potential funding sources for this project.

 

 

  

 

RECOMMENDATION:

1.       That Council note the report.

 

2.       That staff continue to investigate funding opportunities for the development of the Byron Skate Park and Recreation Hub.

 

Attachments:

 

1        Skatepark Survey_Responses_Report.pdf, E2018/64357

 

 


 

Report

 

Background

 

In April 2018, Council resolved (18-001) to:

1.       Identify the Sandhills area as its preferred location for a Byron Bay Skate Park.

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

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

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

 

Consultation

 

Staff developed and implemented a communication and engagement plan to promote Sandhills as Council’s preferred location for a new Byron Bay Skatepark.

 

The plan articulated key messages and challenges, and identified a wide range of stakeholders including the skating community, nearby residents and businesses, Arakwal, Police, the Byron Bay Youth Activities Centre, Sandhills Childcare Centre, the library and the Byron Bay Courthouse.

 

Communication and engagement activities included meetings with stakeholders, a survey on yoursaybyronshire, information on Council’s website, media release, Facebook promotion, E News and video content for social media.

 

Stories were printed in the Byron Shire Echo, Northern Star, and Echonet Daily.  Schools in the Byron Bay area were also sent information advertising the survey with a request that this be included in their newsletters.

 

Because of the nature of the project there was a strong focus on digital engagement with the following results achieved:

·        19,312 people reached on Facebook

·        8,789 video views

·        793 reactions, comments and shares, the majority of which were positive

Of the social media feedback, approximately 40% of comments were supportive; 50% were neutral or on unrelated topics; and 10% raised negative issues / concerns. The survey on yoursaybyronshire resulted in 105 responses, with 89% of comments supportive of the location of the skatepark and the activation of the Sandhills area into a family-friendly recreation space.

 

Staff have written to Crown Lands formally requesting the vesting of the land across to Council and are awaiting a response. Follow up enquiries have been made to Crown Lands staff, and Council has made representation to the Minister’s office through the Parliamentary Secretary for the North Coast in support of our request.

 

Feedback

 

Positive feedback via Facebook and the yoursaybyronshire survey included:

·    the need for this type of facility in Byron Bay

·    the activation of what is seen by many as an unutilised space

·    a positive outcome for the youth of the town

·    whilst Sandhills is a good location, the best location would be beachfront like Venice Beach, Bondi, St Kilda etc.

 

Comments from those not supportive of the skatepark included:

·        location – it should be on the beachfront

·        location – it is too close to the Sandhills Child Care Centre

·        Fixing the roads should be the Council’s priority, not building a skate park

·        Retention of green space

·        Noise concerns

·        Limited parking

·        Attracting antisocial behaviour

 

Based on the feedback received and research undertaken regarding best practice skatepark design, the critical success factor for this project will be the development of a broader recreation ‘precinct’ within the Sandhills Estate. The development of a precinct will improve passive surveillance around the skate park and enable noise mitigation measures to be integrated into the landscape design.

 

Creation of a recreation ‘hub’ also meets the objectives of the site in terms of the Byron Bay Town Centre Masterplan, creating an intergenerational community hub that creates a pedestrian link between the Byron Rec Grounds and Main Beach. This consultation can be used to advance developing a skate park in Byron Bay, which is a recommended action in the Byron Shire Rec Needs Study.

 

Project Status

 

Council has engaged Convic, specialist skate park designers, to develop concept plans for the skate park element of the precinct. It is anticipated that community design workshops will be hosted by these consultants during September.

 

Funding

 

Council submitted an application to NSW Regional Sports Infrastructure Fund which was not shortlisted for the second stage development of a business case.

 

Additional funding sources are being identified. These will include:

 

·        Building Better Regions Fund round 3 expected before the end of 2018

·        NSW Regional Sports Infrastructure Fund Round 2 in 2019-20

·        NSW Regional Growth Fund 2019-20 rounds

 

With both a Commonwealth and State Election due in the next 12 months, the grant funding landscape is likely to change. Any funds that match to this project will be flagged for project team consideration.

 

Financial Implications

 

Council’s adopted 2018-19 budget allocated $460,000 to Byron Bay Town Centre Masterplan Projects, specifically the Byron skatepark and drainage works in Railway Park. From this allocation, Convic have been engaged to develop concept plans at a cost of $14,620.

 

Statutory and Policy Compliance Implications

         

Crown Lands Management Act

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.4

 

 

Report No. 13.4           International Parking Day - Byron Bay

Directorate:                 General Manager

Report Author:           Claire McGarry, Place Manager - Byron Bay

File No:                        I2018/1431

Theme:                         General Manager

                                      General Manager

 

 

Summary:

 

This report outlines the proposed participation in International Parking Day to demonstrate a people-prioritised town centre in Byron Bay.

 

  

 

RECOMMENDATION:

1.   That Council note the report.

 

2.   That Council endorse the Park(ing) Day concept and support staff working with the Byron Masterplan Guidance Group to implement the project.

 

 

 

 


 

Report

 

Background

 

The Byron Bay Town Centre Masterplan calls for a “pedestrian prioritised Byron Bay that supports and integrates alternate modes of transport”.

 

The Masterplan’s Access and Movement strategy identifies that “if people are to be prioritised within the town centre, large portions of existing parking need to be removed”.

 

Park(ing) Day is an international event that aims to revitalise spaces normally reserved for stationary cars.  It started in 2005 in San Francisco as a guerrilla type event and it was quickly realised as a great way to create opportunity for social interaction that wasn’t there before. It has since taken off around the world and in Australia.

 

Project

 

In 2018, Park(ing) Day falls on Friday 21 September.

 

Staff are working with the Byron Masterplan Guidance Group to plan the details of the activities for the day and promote the concept within the local community.

 

Staff intend to activate space(s) within the Byron Bay town centre through the temporary closure of the existing parking spaces and the installation of street furniture and other materials.

 

In discussions with the Byron Masterplan Guidance Group regarding Park(ing) Day there was a strong appetite for a bigger, bolder statement to prioritise pedestrians within the town centre.

 

The timeframes, budget and resources available for Park(ing) Day are not sufficient to broaden the scope for 2018, but the below resolution addresses the aspirations of the Byron Masterplan Guidance Group who will be kept updated on progress as staff progress with actioning this resolution.

 

Related Resolution and comment from Infrastructure Services staff

 

In 2017, Council resolved:-

 

Res 17-694

 

1.   That Council supports, in principle, a trial of ‘Car Free Sundays’ in Byron Bay;

2.   That the car free day be of similar range and scope to the car free area designated for Soul Street that occurs on New Year’s Eve;

3.   That the Car Free Sundays occur monthly on days that are not Byron Market days;

4.   That Council and the community work together to plan and progress this trial; and

5.   That a report on this matter be brought to Council for consideration of Car Free Sundays before the winter recess.

 

Council has the ability under the Roads Act to close the road to undertake works, both maintenance and capital, to protect the road asset and / or public safety associated with the asset condition.  Council does not have the ability to close roads for events without undertaking an approval process.  This occurs for NYE and Soul Street where separate approval for the event is obtained after the necessary planning, investigation and consultation has occurred.

 

Closure of Jonson Street (currently a Regional Road) and associated streets similar to the area designated for Soul Street that occurs on New Year’s Eve, needs to be treated as an event, with an intended purpose.

 

There would then need to be substantial consultation with:

·    Emergency Service agencies, including:

Police

Fire & Rescue

Ambulance

RFS

·    Public transport operators and relevant organisations

Bus (local and interstate)

Department of Transport

Taxis

Other public and private transport operators

RMS/Local Traffic Committee

·    Property owners

·    Business operators

·    Residents

·    General community

 

Such a closure will have a significant impact on the road network for motorists, cyclists and pedestrians with the loss of one of the north- south roads in Byron Bay.  This impact will be lessened when the Byron Bay Bypass has been completed.

 

There are also issues associated with insurance and risk management; public safety; and anti terrorism planning and measures.

 

None of these matters are insurmountable, there just needs to be funding and resourcing to facilitate achievement of the resolution.

 

It is intended that a detailed report will be presented to Council at either the September or October meetings.

 

Financial Implications

 

The cost of the project is estimated at $5,000 which can be funded from existing budgets subject to further confirmation of costs as planning for the event progresses.

 

Statutory and Policy Compliance Implications

 

Approval would be sought under Section 138 of the Roads Act.


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.5

 

 

Report No. 13.5           Open Space and Recreation Needs Assessment and Action Plan - draft for community consultation

Directorate:                 General Manager

Report Author:           Shannon McKelvey, Manager Organisation Development

Sharyn French, Manager Environmental and Economic Planning

Sarah Ford, Manager Community Development

Michael Matthews, Manager Open Space and Resource Recovery

File No:                        I2017/1670

Theme:                         Community Infrastructure

                                      Open Space and Recreation

 

 

Summary:

 

Council has developed a draft Open Space and Recreation Needs Assessment and Action Plan. This is the first shire-wide forward plan for open space and recreation in this Shire.

 

The Plan has been prepared in collaboration with Ross Planning, specialists with extensive experience working in this field with councils around Australia.  It was informed by significant community feedback, ground-truthing, the latest 2016 census data, local and industry participation information and an analysis of industry trends.

 

The Plan outlines how open space and recreation areas will be managed now and into the future, what level of facilities should be located at them and where funding can be prioritised over the short, medium and long term.

 

Council considered the draft Plan at a workshop in December 2017 and deferred it pending further investigation into the feasibility and cost/benefit of potential options for aquatic facilities (18-039). This separate work is well underway but in the meantime there a number of Council projects and grant opportunities that would benefit from having an adopted Open Space and Recreation Plan in place, so it is recommended that the rest of the Open Space and Plan proceed to public exhibition. The draft Plan has been updated to note the additional work that is underway under Res 18-039.

 

 

  

 

RECOMMENDATION:

That Council:

 

1.       Endorse the revised draft Open Space and Recreation Needs Assessment and Action Plan for purposes of public exhibition for 28 days.

 

2.       That in the event:

 

a)    that any submissions are received,  they be reported back to Council prior to                                                                                                   adoption of the Plan; or

 

          b)    that no submissions are received, the Open Space and Recreation Needs        Assessment and Action Plan be adopted. 

 

Attachments:

 

1        Draft Open Space and Recreation Needs Assessment and Action Plan, E2018/66697

 

 

 

Report

 

The draft Open Space and Recreation Needs Assessment and Action Plan

 

Attached to this report is the updated draft Open Space and Recreation Needs Assessment and Action Plan (the Plan). Council is asked to endorse the draft for the purposes of more consultation, so that community and stakeholders have a further opportunity to make suggestions and submissions.

 

Broadly speaking, the Plan:

 

·        Applies shire-wide and to all types of open space that is owned or managed by Council.

·        Applies to both active and passive recreation.

·        Uses evidence to identify current and future open space and recreation needs and trends.

·        Identifies that, generally, the amount of open space and recreation space in the Shire will be adequate to meet demand, now and into the future, although spaces require improvements.

·        Provides a framework and classification system that will guide the level of embellishments in each space in future.

·        Identifies a number of short, medium and long term actions that will inform future Delivery Programs, Operations Plans, works programs and annual budgets.

 

The Plan also:

 

·        promotes the importance to community health and wellbeing of passive recreation in addition to active sport;

·        points to the changing nature of how we recreate and will do so in future;

·        acknowledges the abundance and role of the NPWS estate and water recreation opportunities in the Shire.

 

On page 3-4 there is an explanation of where the Plan fits into Council’s overall strategic planning.

 

Where we have come from

 

This project started in April 2017 and the draft was completed, but it was put ‘on hold’ in December 2017 pending Council further investigating feasibility and cost/benefit of potential options for aquatic facilities 18-039.  The work on this Plan up to December 2017 included:

 

The community and stakeholder consultation was extensive and the level of involvement from community has been great.  Ross Planning indicated that the number of community members providing input into Byron’s draft Plan was at the same level as they have experienced in other shires that have much larger populations. 

 

A snapshot of key consultation outcomes is below and additional information is at pages 12-13 of the draft Plan:

Why the Open Space and Recreation Plan is important

 

Some of our communities have inherited open space legacy issues from historic decisions of developers or past governments or councils. In some cases, these have led to reactive decisions about open space, for example under or over investment in some sites or a focus on some areas in the Shire over others. 

 

Recently, communities and Council have collaborated to start writing a new open space and recreation story for this Shire.   Examples include the purchase and development of the Shara Boulevard Sportsfields, reviews of a number of Plans of Management, the acquisition from State Government of the Suffolk Park Sportsfields and improvements at Waterlily Park. 

 

This draft Plan is a key part of this new story. It will support proactive and equitable management of open space and recreation opportunities across the Shire and contribute to positive health and wellbeing outcomes for current and future generations.

 

For residents and users of open space in the Shire, the Plan:

 

·        Will help deliver improved recreation and sporting opportunities through targeted  investment and coordination of Council and community effort.

For ratepayers and external agencies, the Plan:

 

·        Identifies the most efficient way for funds to be invested across the open space network and it provides support for grant applications to help make funding go further.

 

For Council and staff, the Plan:

 

·        Provides the ‘blueprint’ for forward budget and works program development to proactively manage open space and recreation and it provides a basis for collaborations with community around future use of particular sites.

 

It is acknowledged up front, that the Plan and Council’s management of open space and recreation cannot meet everyone’s expectations. In a Shire the size of Byron, it is just not possible for Council to provide space and facilities to meet every need.

 

What the Plan does do is provide strategic direction with the aims of:

 

·        Transparently and fairly meeting as much of the demand as possible, within the physical, legislative and funding constraints Council operates under. 

·        Being upfront when Council cannot meet a need, providing reasons.

·        Promoting opportunities for private or non-government providers to fill identified gaps.

 

Where to from here

 

It is recommended that the Plan be placed on exhibition. This will provide everyone a further chance to consider the Plan and recommendations in the context of the entire open space network and provide feedback.  This is important because funding and resources for open space and recreation are not limitless. Any change to one part of the network will always result in a need to make a ‘trade off’ in another part of the network.

 

The final stage of consultation would run for 28 days. During this time, Council would promote the consultation through:

 

·        traditional, digital and web media;

·        its halls and facilities; and

·        through letters to all the stakeholder and user groups who have been involved date. 

 

After this final round of consultation:

 

·        if there are no submissions, the Plan would get adopted and could start to be implemented;

·        if there are submissions, the feedback will be considered, any resulting adjustments that can be made to the Plan and a consultation report would be prepared. Then a third Councillor workshop be held, if needed, and the final Plan be reported to Council for adoption.

 

Interaction of the draft Plan with other projects and initiatives

 

Below are just some examples of how this draft Plan is a core underpins or interacts with a number of other projects and initiatives:

 

1.       Wellbeing Framework

 

Managing and improving open space and recreation opportunities by acting on this Plan’s recommendations, will directly contribute to improving outcomes under a number of the Wellbeing Indicators that Council has recently adopted, including:

 

-        community facilities                         -        community connectedness

-        health                                               -        life satisfaction

-        recreation                                         -        open space

 

2.       Community Solutions Panel

 

This Plan is consistent with the Panel’s key considerations of:

o   being proactive, not reactive;

o   recognising there are different needs in different places;

o   supporting investing in renewal when it is practical and necessary;

o   encouraging and supporting shared ownership of community issues;

o   requiring organisational accountability and transparency.

 

The Plan also directly contributes to the first 3 of Panel’s Priority Values of:

o   safety– ensuring spaces and facilities are built and maintained to not harm anyone;

o   community wellbeing – open spaces and facilities are key contributors to positive community and individual physical, mental, emotional, spiritual and social health.

o   connectivity – the Plan contains recommendations along the lines of the Panel’s third priority of promoting intra-Shire access for pedestrians and cyclists. 

o   The Community Solutions Panel’s recommendations for funding priorities will influence the timing of when actions in this Plan can be delivered.

 

3.       Feasibility of aquatic options 

 

This Plan provides information on evidence-based demand for aquatic facilities and trends in aquatic recreation. The work currently underway in accordance with Resolution 18 -039, to review  the feasibility of different options for aquatics in the Shire, needs to be completed for further community and Council consideration.

 

4.       Byron Bay Skatepark Consultation

 

This Plan provides evidence of demand and supports development of a new skatepark in Byron Bay. The recent consultation is consistent with the draft Plan action to investigate a location for the new Byron Bay skatepark. With this matter being reported to 23 August 2018, one of the actions in the Plan is already well advanced.

 

5.       Planning Proposal – Rezone & Reclassify (Part) Lot 22 DP 1073165, Stuart Street, Mullumbimby

 

The objective of the Planning Proposal for Lot 22 is to rezone part of the subject land on the western edge of Mullumbimby to provide for additional residential development and reclassify it from Community land to Operational land.  Of the rest of the land, a strip of it adjacent to Saltwater Creek will remain a Deferred Matter zone and the balance be retained in the current RE1 Public Recreation zone with the current Community land classification.

 

Whether all of this land was needed for future use as a recreation area was as part of the Byron Shire Recreation Needs Assessment.  The findings of that assessment were considered in preparation of the planning proposal and will be publicly exhibited with the planning proposal.

 

6.       Masterplanning projects

 

This Plan, in particular the Spaces Hierarchy, will be a lens used to help prioritise and guide initiatives from completed, and nearly completed, town and village masterplans. For future masterplanning projects, the Plan will provide a basis for discussions with communities and decisions on Masterplan initiatives.

 

7.       Department of Education – Share our Space program

  

Appendix B to the Plan is the start of a list of public school recreation assets in the Shire. It is a starting place and can be added to with improved understanding. Councillors requested this information be included with a view to starting conversations with local schools about the potential to open up spaces outside of school hours for community use. Since that time, the State Government has held to trials during school holidays and they are currently seeking feedback from the community on the initiative – see https://www.schoolinfrastructure.nsw.gov.au/news/2018/04/share-our-space-these-school-holidays.html.

 

Financial Implications

 

The deferral has delayed the project but provided the remainder of the 2016/2017 funding for this project is carried forward into the 2017/2018 budget, it is still on track to be delivered within the original budget. The carry forward of the budget will be recommended in the Carryovers for Inclusion in the 2018/19 Budget Report to this meeting.

 

Statutory and Policy Compliance Implications

 

The Open Space and Recreation Needs Assessment and Action Plan supports delivery of a number of the Community Strategic Plan 2028 Strategies.

 

Development of the Plan was an action in the 2016/2017 Operational Plan (deferred as requested by Council) . Its finalisation and adoption is key to delivering a number of 2017/2018 Operational Plan activities, with 2 examples being:

 

Objective 1

We have infrastructure, transport and services which meet our expectations

Strategy 1.2

Provide essential services and reliable infrastructure which meet an acceptable community standard

Action 1.2 c)

Develop infrastructure new works program in line with Community Solutions Panel values

Activity:

Prepare a new works 10 year program that is aligned to an adopted Recreational Needs Assessment and Solutions Panel values

 

 

Objective 2

We cultivate and celebrate our diverse cultures, lifestyle and sense of community

Strategy 2.3

Provide accessible, local community spaces and facilities

Action 2.3 f)

Ensure Shire wide assessment of the current and future needs of the community for active and passive recreation is integrated into Open Space works programs 

Activity:

Update Open Space work programs in alignment with an adopted Recreational Needs assessment

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.6

 

 

Report No. 13.6           Revised Community Engagement Policy

Directorate:                 General Manager

Report Author:           Annie Lewis, Media and Communications Coordinator

File No:                        I2018/1530

Theme:                         General Manager

                                      General Manager

 

 

Summary:

 

The purpose of this report is to present the revised Community Engagement Policy (E2018\10445) to Council with a recommendation it be put on public exhibition.

 

  

 

RECOMMENDATION:

1.       That Council note the report.

 

2.       That the Revised Community Engagement Policy be put on public exhibition.

 

 

Attachments:

 

1        Revised Draft Community Engagement Poilcy, E2018/67564

 

 


 

Report

 

Background

 

In 2016/17 the Mayor, the former Media and Communications Officer (Donna Johnston) and the Community Roundtable began working on an updated Community Engagement Policy to replace the existing policy from 2015.

 

The resignation of Ms Johnston, and my subsequent appointment, and the necessity to have input from the Executive Team delayed the policy, which has since been rewritten to take into account feedback received as part of the development of the Community Strategic Plan,

 

The Revised Community Engagement Policy also acknowledges the outcomes of the Community Solutions Panel project. 

 

The Policy will need to be updated when the ‘Byron’ model of deliberative democracy is finalised and when the changes to the NSW Environmental Planning and Assessment Act are ready to be implemented.  This is acknowledged in the document.

 

The Executive Team, Communications Panel and the Community Roundtable have provided feedback to the Revised Community Engagement Policy.

 

What are the aims of the Community Engagement Policy?

 

The Community Engagement Policy is Council’s commitment to working with the community and providing people with information that is timely, relevant, easy to understand and encourages people to make a contribution and work with Council is a variety of different ways.

 

This policy aims to: 

·        Improve understanding of local government responsibilities, structure, functions and decision-making processes.

·        Improve the quality of decision-making processes.

·        Enable the community and stakeholders to express their views and participate in Council’s decision-making.

·        Enhance the relationship between Council and the community and support effective partnerships.

·        Keep elected representatives informed about local concerns and the possible impact of their decisions on the community.

·        Support Council and community in working together in a mutually supporting relationship and securing outcomes that ensure the sustainable future of the Byron Shire.

·        Achieve outcomes through consensus rather than adversarial processes.

·        Ensure that community consultation is guided by principles of honesty, accessibility, equity and transparency.

 

Financial Implications

 

Nil.

 

Statutory and Policy Compliance Implications

 

Nil.

  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.7           Land and Environment Court Proceedings Gordon Highalands Pty Ltd

Directorate:                 Corporate and Community Services

Report Author:           Ralph James, Legal Counsel

Chris Larkin, Manager Sustainable Development

File No:                        I2018/1132

Theme:                         Corporate Management

                                      Corporate Services

 

 

Summary:

 

On 26 October 2017 Council received a report in respect of a development application which sought development consent for erection of a three (3) storey mixed-use residential and commercial development including six (6) Shop Top Housing dwellings, three (3) commercial premises and car parking for fifteen (15) vehicles (inclusive of one (1) disabled parking bay) over 9 Station Street, Bangalow

 

Council resolved (17-515) to defer consideration of development application 10.2017.198.1:

 

1.       To obtain further information;

 

2.       To request the proponent to lodge amended plans to reduce the bulk and scale that does not require an excessive cut contrary to the DCP 2014; and

 

3.       An independent review of heritage assessment regarding the site context and sunken façade of the commercial components and their interface with the street.

 

On 28 November 2017 Council was served with a Class 1 application in the Land and Environment Court jurisdiction appealing against Councils deemed refusal of the development application.

 

On 1 February 2018 Council resolved as follows:

 

1.       That no further action be taken in respect of Resolution 17-515.

 

2.       That after the s34 Conciliation Conference but before a s34 Conciliation Agreement is entered the matter be reported to Council for consideration of any proposed s34 Conciliation Agreement and for Council to provide authorisation to the General Manager to enter a s34 Conciliation Agreement if supported by a resolution of Council.

 

Council instructed it external solicitors Marsdens to appear in the proceedings. Council’s external solicitors engaged heritage expert David Logan of GML Heritage and planning expert Gerard Turrisi of GAT & Associates.

 

On about 5 June 2018 the Applicant provided amended plans and further documents for the purposes of the conciliation conference. Council’s solicitors forward the amended plans to Council’s heritage and planning experts for review.

 

Council’s heritage expert confirmed that the amended plans were a significant improvement, from a heritage viewpoint, on those of the application. This was largely due to the reduction in height and deletion of the second floor together with the distribution and articulation of the building over the site. Nevertheless, certain design issues that have heritage impacts still remained and would need to be addressed before he would recommend approval on heritage grounds. His opinion was that these are all readily achievable.

 

Council’s planning expert commented that the plans provide a great improvement but that there were still some issues that require resolution.

 

The conciliation conference took place on 18 June 2018.

 

On 3 July 2018 the Applicant filed a Notice of Motion seeking leave to rely on amended plans.

 

The amended Plans have reduced the number of residential units from 6 to 5 and removed the third storey from development providing for a development which is reflective of the heritage characteristics of the Bangalow area and having regards to the sites commercial zoning as B2 Local Centre. With the removal of the third storey, the proposal has also reduced the level of earthworks as previously proposed as it is no longer seeking approval to fit in a third storey within the 9 metre height limit.

 

It is considered the proposal as amended is satisfactory and that the General Manager be granted delegations to enable Consent Orders or a S34 Agreement to be entered into. 

 

  

 

RECOMMENDATION:

That the General Manager be authorised to enter into consent orders or a s34 Conciliation Agreement approving Development Application 10.2017.198.1, subject to appropriate conditions to be finalised under delegation.

 

 

Attachments:

 

1        Confidential - REPORT ON THE CONCILIATION PHASE OF THE MATTER, E2018/55451  

2        Plans , E2018/67707

3        Plans, E2018/67708

4        Basix, E2018/67703

5        Conditions of Consent, E2018/67693

6        submissions received, E2018/67702

 

 


 

Report

 

On 26 October 2017 Council received a report in respect of a development application which sought development consent for erection of a three (3) storey mixed-use residential and commercial development including six (6) Shop Top Housing dwellings, three (3) commercial premises and car parking for fifteen (15) vehicles (inclusive of one (1) disabled parking bay) over 9 Station Street, Bangalow

 

Staff reported that the proposal was considered to satisfy the relevant provisions of Byron LEP 2014.

 

The site falls within the boundaries of the Bangalow Conservation Area. The applicant had submitted a ‘Statement of Heritage Impact’ demonstrating the proposal would be contributory to the surrounding conservation area.

 

The proposed building was considered by staff to be compatible with the Bangalow Conservation Area and consistent with Council’s DCP 2014 Part C Non-Indigenous Heritage. In addition, the proposed development was considered consistent with all relevant state planning instruments and with the provisions of the Byron Local Environmental Plan 2014 & Development Control Plan 2014.

 

Council resolved (17-515) to defer consideration of development application 10.2017.198.1:

 

1.       To obtain further information;

 

2.       To request the proponent to lodge amended plans to reduce the bulk and scale that does not require an excessive cut contrary to the DCP 2014; and

 

3.       An independent review of heritage assessment regarding the site context and sunken façade of the commercial components and their interface with the street.

 

On 28 November 2017 Council was served with a Class 1 application in the Land and Environment Court jurisdiction appealing against Councils deemed refusal of the development application.

 

The application sought that the development be approved.

 

Council instructed it external solicitors, Marsdens, to appear in the proceedings. Council also instructed that an external Heritage expert be retained to assist in the proceedings. Those instructions were also given in contemplation of the terms of resolution 17-515/3.

 

Council’s solicitors were briefed with the full DA file and the staff report to Council’s Ordinary Meeting on 26 October 2017 and all of its attachments - including the submissions of the objectors.

Council’s solicitors were also briefed with the terms of resolution 17-515 and a transcript of the debate in Council on 26 October 2017.

Council’s external solicitors engaged heritage expert David Logan of GML Heritage and planning expert Gerard Turrisi of GAT & Associates.

 

The matter was reported to Council’s Ordinary Meeting of 1 February 2018. Council resolved as follows:

 

1.       That no further action be taken in respect of Resolution 17-515.

 

2.       That after the s34 Conciliation Conference but before a s34 Conciliation Agreement is entered the matter be reported to Council for consideration of any proposed s34 Conciliation Agreement and for Council to provide authorisation to the General Manager to enter a s34 Conciliation Agreement if supported by a resolution of Council.

 

On 2 February 2018 the Land and Environment Court made Orders listing the proceedings for a section 34 conciliation conference on 18 June 2018.

 

On about 5 June 2018 the Applicant provided amended plans and further documents for the purposes of the conciliation conference.

 

A conciliation conference was held in the proceedings on 18 June 2018 presided over by Acting Commissioner Morris. Adam Seton solicitor (Marsdens) appeared on behalf of Council at the conciliation conference with Gerard Turrisi (Town Planner), David Logan (Heritage Consultant) and Council officers  Ralph James and Chris Larkin. The Applicant was represented by Gary Green and Ryan Bennett (Solicitors), Alison McCabe (Town Planner), Brian McDonald (Heritage Consultant) and Ben Raymond (Architect).

 

The conciliation conference commenced at the site with oral evidence being given by three objectors.

 

After hearing from the objectors the conciliation continued at the Cavanbah Centre.

Councillors should refer at this point to Confidential attachment 1 which reports on the conciliation conference phase of the proceedings.

The conciliation conference was terminated. The proceedings were listed for a directions hearing on 26 June 2018. On that day the proceedings were adjourned to 6 July 2018. On that day the matter was fixed for hearing on 21 and 22 February 2019.

On 3 July 2018 the Applicant filed a Notice of Motion which sought leave to rely on amended plans.

The applicant has since provided amended plans which generally accord to the intended outcomes sought for the Bangalow B2 Local Centre Zone. The amended proposal is considered to comply with the Byron LEP 2014 and Byron DCP 2014 and addresses Councils resolution (17-515). The amended design has incorporated the following:

·        reduced the number of storeys from three (3) down to two (2) storeys 

·        reduced the number of units from six (6) units down to five (5) units

·        the design has been ‘broken up’ into clearly defined roof elements to individual units

·        the design has reduced the proposed cut and fill resulting in a better integration of commercial tenancies with the street

 

A summary of the amendments is provided below:

 

Previous Design

Amended Design

Change

No. of Residential Units

6

5

1 unit removed

Commercial GFA

 

Shop 1 (floor area 78.5m²) Shop 2 (floor area 112m²)  Shop 3 (floor area 80.5m²)

Total = 271m2

Shop 1 (floor area 82m²) Shop 2 (floor area 67m²)  Shop 3 (floor area 77m²)

Total = 226m2

Reduction of 45m2 GFA

Height

9.0m

8.5m (approx.)

Reduced by 0.5m

Storeys

Three (3)

Two (2)

Reduced by 1 storey

Car parking

6 spaces for residential units

14 (13.55) spaces for commercial area

Required = 20 spaces Provided = 15

6 spaces for residential units

12 (11.3) spaces for commercial area

Required = 17.3 spaces Provided = 12

Reduction of 3 parking spaces

Initial proposal

Amended proposal

 

The changes made to the front elevation demonstrate the overall reduction in bulk and scale of the development when viewed from Station Street. The bulk and scale has been further reduced through the use of individual roof forms for each of the proposed residential units which provide a consistency of built form within the streetscape and the surrounding area, whilst the removal of the third storey ensures the development does not diminish the prominence of the A&I Hall. The amended plans also provide for a reduction in earthworks on the site although some cut and fill is proposed to provide for a workable building platforms for the ground floor commercial premises.  Significantly though, the applicant is no longer seeking to lower the development into the site to fit in the upper third storey within the 9 m height limit. .                      

The proposal provides for an improved interface with Station Street and is satisfactory having regards to Councils Resolution 17-515

Public Notification of Amended Plans

The application was re-exhibited between the period of 19 July 2018 to 1 August 2018. Five (5) submissions have been received. All submissions form Confidential attachment 6 hereto.

 

The following issues have been raised.

 

Submission

Response

Loss of Greenspace

Our major concern is the loss of green space resulting from this development.  The likely erosion of open space from ongoing developments in Station St will inevitably lead to the removal of a unique heritage attribute in Bangalow Village.  We therefore want to work with council to replace such loss with usable public space, facilitated by the use of a Voluntary Planning Agreement.

The site is located with a B2 Local Centre which allows for development with 0m setbacks.

 

Landscaping is shown to all site boundaries as part of the development concept, which will retain a green edge to the site in keeping with the ‘garden’ character of this streetscape precinct.

 

Under Chapter E2 Bangalow - E2.3.2 Development within B2 Local Centre Zone There is no requirement to maintain landscaping around commercial buildings other than to implement a avenue of shady street trees along Station Street.

 

Colours

The use of heritage colours for external surface areas, as prescribed for the Bangalow Heritage Area, would be preferred so that a dramatic contrast to A&I Hall is avoided.

 

A condition recommending use of colours contained within the Byron DCP 2014 is recommended in this instance as the proposed colours provided by the applicant indicate a predominantly white colour pallet.

Plan dimensions

Elevation diagrams need to show building height and window dimensions to enable confirmation that height does not exceed 9m and that overlooking is acceptable and does not compromise privacy.

 

The plans provided are to scale to enable accurate measurement and dimensioning.

The development is well within the 9m height limit.

Landscaping

Trees chosen for sections along the common boundary with 11 Station St could seriously overshadow this adjoining property over time. 

The trees shown in the Landscaping Plan along the southern boundary should be replaced with lower shrubs to minimise the loss of light to the southern neighbour.

Station Lane - Safety

Additional commercial traffic in Station Lane will create a safety risk for young school children who regularly use this lane to access the primary school. 

The narrow Station Lane cannot safely serve this proposed development – with a maximum of 31 links road reserve width for vehicular access for shops and service vehicles. The laneway cannot safely serve this development. This is not a two-way traffic option.

The use of Station Lane and the interaction of school children using the lane leaving and entering Bangalow Public School. The concern was that children may be in danger due to vehicles using the rear lane.

 

Children do cross the Laneway and walk down the Laneway towards Byron Street. The laneways are important in commercial areas to allow for unloading and back of house functions (such as access to parking and for servicing) rather than providing for this on main street frontages. The lane is used by school children however, the predominant use for the lane should allow for service functions of those developments fronting onto Station Street including access for vehicles.

 

The lane is not a high speed environment and vehicles will be able to enter and leave in a forward direction.

 

It is noted that Councils Development Engineer recommended that Station Lane be upgraded to a full width sealed pavement construction with kerb & gutter and controlled drainage along the site’s frontage to the Lane, south of the site through to the existing fully constructed pavement.

Parking and overdevelopment

This amended DA seems to STILL be for Six Units, with the largest unit clearly designed to function as a distinct pair.

 

Parking requirements have not been addressed, for takeaway food shops and for residents.

 

Insufficient garbage bin spaces are provided.

 

 

The amended plans provide a total of five (5) units down from the previous development proposal of six (6) units.

 

Parking onsite has been fully provided for each of the residential units with the shortfall of commercial parking to be provided under a voluntary planning agreement (shortfall of 5 parking spaces).

 

Business Premises and Food and Drink Premises have the same car parking generation within Business and Industrial Zones. 

 

The applicant has stated they are willing to enter into a voluntary planning agreement with council in regards to car parking short fall of eight spaces.  Appropriate conditions to apply.

 

Privacy

The development balconies and windows on the southern elevation overlook 11 Station Street and require screening.

The proposed development includes upper level windows which have the potential to overlook the neighbouring dwelling to the south. The plans indicate the use of double hung windows on this elevation as opposed to large sliding glass windows. They are also proposed to be glazed with an opague glass to limit the ability to overlook the adjoining property. It is considered the need for additional screening in this regards is not required

 

In terms of the balconies on this elevation, the rear one is to be screened as it overlooks the rear yard of 11 Station Street.. In terms of the front balcony it is considered that a privacy screen is not required as it overlooks the street and the front yard of number 11 which already interfaces with the public domain.

 

 

 

Financial Implications

 

The estimated professional legal costs of defending the appeal is $25,000-$30,000 excluding GST, assuming that the matter is not settled at a conciliation conference  and the ultimate hearing in the matter only takes 2 days. If the hearing takes longer the legal costs will be higher.

 

Because Council staff recommended that development consent be approved, it was necessary for Council to retain the services of independent external heritage and planning experts. Estimates as to experts costs are approximately $15,000 -$20,000.

 

Costs paid to date are $31,469.56 plus GST

 

Statutory and Policy Compliance Implications

 

Conciliation is a process in which the parties to a dispute, with the assistance of an impartial conciliator, identify the issues in dispute, develop options, consider alternatives and endeavour to reach agreement. 

 

The conciliation conference is conducted by a commissioner of the Court. Often, the commissioner will have technical knowledge and expertise on the issues relevant to the dispute.

 

At the conciliation conference, the conciliator facilitates negotiation between the parties with a view to their reaching agreement as to the resolution of the dispute.

 

If the parties are able to reach agreement on the terms of the decision in the proceedings that would be acceptable to the parties, and that decision is one the Court could have made in the proper exercise of its functions, the conciliation commissioner must dispose of the proceedings in accordance with the decision and set out in writing the terms of the decision.

If the parties are not able to agree either about the substantive outcome the conciliation commissioner must terminate the conciliation conference and refer the proceedings back to the Court for the purpose of being fixed for hearing before a different commissioner.

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

 

Use of a Conciliation Agreement would bring the appeal to an end immediately and without

the need for Council to incur any expert witness costs or any legal costs beyond the relatively

minor costs associated with attending a conciliation conference. 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Operational Plan 2017-2018 and Delivery Program 2017-2021 - 6-month progress report to 30 June 2018

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Governance Officer

File No:                        I2018/1349

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

Council’s Operational Plan outlines its projects and activities to achieve the commitments in its four-year Delivery Program.

 

This report summarises the Council’s progress towards achieving the annual activities contained in the 2017-2018 Operational Plan.   This report is the six-month progress report as at 30 June 2018.  The report is the final report on the activities of the 2016/2017 Operational Plan.

 

 

  

 

RECOMMENDATION:

That Council note the six-month progress report to 30 June 2018 (Attachment 1 E2018/60566) on the Operational Plan 2017-2018.

 

Attachments:

 

1        Delivery Program 2017-2021 - 6 Monthly Progress Report - 1 January to 30 June 2018, E2018/60566

 

 


 

Report

 

The purpose of this report is to provide Council with the six month progress report on the annual Activities contained in the Operational Plan 2017-2018, as at 30 June 2018. The Operational Plan 2017-2018 is the annual activities component of the 2017-2021 Delivery Program adopted by Council on 22 June 2017.

 

The Operational Plan progress report contains üAchieved  lSubstantially achieved  ûNot achieved icons for “at a glance” progress status.  It also includes “exception” reporting explanatory notes where progress indicators have a red status.  A comprehensive progress report is provided at Attachment 1, and a summary is set out here:

 

 

52%

completed

 

 

41%

substantially
completed

 

 

8%

not achieved

 

 

It is important to note, that while some activities may not have been fully achieved over the period of the Operational Plan, many of the activities reported as ‘substantially completed’ have been rolled over into the 2018/2019 financial year. External factors have also impeded Council’s ability to deliver some projects to 100% completion, based on external funding sources, legislative requirements, and other factors out of Council’s control.

 

Achievements

 

Notable achievements (grouped by Community Strategic Plan theme) for the six month period include:

·        Corporate management

Revised Community Strategic Plan adopted

New Byron Shire Council website launched

20 year leases to Byron Bay Surf Life Saving Club and Brunswick Surf Life Saving Club

Community Solutions Panel delivers recommendations on infrastructure spending

Community-led governance principles adopted

Partnership Proposal Guidelines developed

Big Revenue Ideas workshops held

·        Economy

Business Retention and Satisfaction Survey completed

Launch of Easy to Do Business program in partnership with Service NSW

Strategic Business Panel commenced and held 2 meetings during the reporting period, topics were; Incubators, Coworking Spaces, and Innovation; and Agriculture in the Byron Shire

Launch of the Agricultural Incubator Program

Billinudgel is Back in Business

Launch of Byron Unfolded – Trail Map

Byron Visitors Centre reopened after renovations

Completed the Byron Business Events Sponsorship – taken to Destination North Coast to be run regionally

·        Society and Culture

Community Wellbeing indicators adopted

Byron Visitors Centre reopened after renovations

Support for Byron Writers Festival and Renew Fest

4 recipients for the Events and Festival Sponsorship Fund

Ø Byron Bay Japan Festival

Ø Brunswick Nature Sculpture Walk

Ø Byron Bay Guitar Festival

Ø Sample Food Festival

·        Environment

Coastal Zone Management Plan for the eastern precincts of the Byron Bay Embayment submitted to Minister for certification

E-zone review completed

Pest management program in Shire hotspots

Byron Flying Fox Management Plan completed

Rural Land Use Strategy endorsed by Department of Planning

Byron Town Centre Planning review commenced

·        Community Infrastructure

79% of $16.1M Capital Works Program completed including

Ø Commence the bridges program in the Nashua – Booyong area

Ø South Golden Beach Playground

Ø Capping the dipsite at Bangalow Parklands

Ø Stage one of Railway Square Park, Byron Bay

Ø Causeways at Durrumbal and Fowlers Lane

Ø New reservoirs at Bangalow and Coopers Shoot

Ø Upgrade of fire Mains across the Shire

Upcycling of Public Bins in Mullumbimby

Department of Planning approval for rezoning and reclassification process for Lot 22 Station Street subdivision and affordable housing partnership completed

Suffolk Park Caravan Park land reclassification completed

Grant funding applications for Fixing Country Roads successful

‘Bringing Back the Bruns’ (Brunswick River) causeway improvement program launched

Durrumbul Road causeway upgrade complete

Stage one Waterlily Park upgrades complete

 

Future reporting

 

The revised Delivery Program and new 2018/19 Operational Plan endorsed by Council in May 2018 provides for more detailed planning, better scope and resourcing for projects and activities that can be delivered within the 12 month period.

 

This will be supported through further improvements in the reporting process which will be rolled out in the first period of the new financial year.

 

Financial Implications

 

The Council’s financial performance for the reporting period is addressed in the Quarterly Budget Review, which is subject to a separate report.

 

Statutory and Policy Compliance Implications

 

The General Manager is required under Section 404 (5) of the Local Government Act 1993 to provide regular progress reports as to the Council’s progress with respect to the principal activities detailed in the Delivery Program/Operational Plan.  Progress reports must be provided at least every six months.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.9

 

 

Report No. 13.9           Council Resolutions Quarterly Review - 1 April 2018 to 30 June 2018

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Governance Officer

File No:                        I2018/1381

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

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

 

Council should note that 194 resolutions were completed during the period 1 April to 30 June 2018. This is an increase of 96 resolutions compared with the same time period in 2017.

 

There were 92 active resolutions as at 30 June 2018. This is a decrease of 29 resolutions compared with the previous reporting period as at 31 March 2018, on which date there were 121 active resolutions.

 

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

 

  

 

RECOMMENDATION:

That Council:

1.       Note the information provided in this report on active Council Resolutions in Attachment 1 (#E2018/62328).

 

2.       Note the completed Resolutions in Attachment 2 (#E2018/66349).

 

 

Attachments:

 

1        Active Resolutions as at 30 June 2018, E2018/62328

2        Completed Resolutions Report - 1 April to 30 June 2018, E2018/66349

 

 


 

Report

 

This report provides a quarterly update on the status of Council Resolutions to 30 June 2018.

As at 30 June 2018:

 

·   194 resolutions were completed since 1 April 2018

·   92 resolutions remained active

 

The active Council resolutions per Council terms are provided below:

 

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

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

 

Details of completed resolutions for the period are provided at Attachment 2 (E2018/66349). 

 

Financial Implications

 

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

 

Statutory and Policy Compliance Implications

 

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

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

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

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.10

 

 

Report No. 13.10         Carryovers for inclusion in the 2018/19 Budget

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/1401

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report is prepared for Council to consider and to adopt the carryover Budget allocations for works and services, either commenced and not completed, or not commenced in the 2017/2018 financial year for inclusion in the 2018/2019 Budget Estimates.

 

Each year Council allocates funding for works and services across all programs. For various reasons, some of these works and services are incomplete at the end of the financial year. The funding for these works is restricted at the end of the financial year, and is carried over as a budget allocation revote to the following year, to fund the completion of the work or service.

 

This report identifies all the works and services recommended to be carried over from the 2017/2018 financial year to the 2018/2019 Budget Estimates. The report also identifies the funding for each recommended budget allocation carryover.

 

This report is scheduled to be considered by the Finance Advisory Committee at its Meeting held on 16 August 2018.

 

 

  

 

RECOMMENDATION:

That the works and services, and the respective funding shown in Attachment 1 (#E2018/66991) be carried over from the 2017/2018 financial year and that the carryover budget allocations be adopted as budget allocation revotes for inclusion in the 2018/2019 Budget Estimates.

 

 

Attachments:

 

1        Carryovers for inclusion in 2018-2019 Budget - General, Water and Sewerage Funds, E2018/66991

 

 


 

Report

 

Each year Council allocates funding for works and services across all programs. For various reasons, some of these works and services are incomplete at the end of the financial year. The funding for these works and services is restricted at the end of the financial year to be carried over to the following year for completion.

 

This report identifies all the works and services to be carried over to the 2018/2019 Budget Estimates and the respective funding of each, relating to works and services not completed during the course of the 2017/2018 financial year. The specific details of all carryover works and services subject of this report are outlined for General, Water and Sewer Funds in Attachment 1.

 

Financial Implications

 

The works and services included in Attachment 1 are fully funded and have no impact on the Unrestricted Cash Result of Council or the 2018/2019 Budget Estimates result. As in previous years there is a significant amount of carryovers to be brought forward to the current financial year. Table 1 below provides a history of the value of carryovers in recent years with the proposed total carryovers for 2018/2019 $398,500 more then the carryovers related to the 2017/2018 financial year.  Council may recall that there was also an earlier assessment of carryovers that was conducted before finalisation of the 2018/2019 Budget Estimates with these being included at that point and catered for through the 31 March 2018 Quarter Budget Review.

 

Table 1 - Value of budget carryovers 2014/15 – 2018/19

 

Fund

2014/15 ($)

2015/16 ($)

2016/17 ($)

2017/18 ($)

2018/19 ($)

General

12,863,500

10,550,300

5,022,100

7,102,100

9,004,500

Water

586,200

1,671,900

729,900

2,770,100

879,500

Sewer

877,100

1,929,000

600,100

2,051,800

2,473,500

Total

14,326,800

14,151,200

6,352,100

11,924,000

12,357,500

 

General Fund

 

The value of works carried over to 2018/2019 for the General Fund are more ($1,902,400) than that carried over for the 2017/2018 year.  Of the $9,004,500 of General Fund carryovers, approximately 40% ($3,645,400) is attributable to Local Roads and Drainage projects not completed in 2017/2018 to be carried forward to 2018/2019. 

 

Major carryover items in this program are as follows:

 

·        Main Arm Road – Blindmouth Causeway

$884,000

·        Bayshore Drive/Ewingsdale Rd Roundabout

$660,300

·        Rifle Range Road Intersection Upgrade

$341,600

·        Traffic Study Strategic Network Analysis

$174,900

·        Smart Cities and Suburbs 3D modelling solutions

$152,400

·        Brunswick Heads Library Upgrade

$150,000

·        Tyagarah Airfield Development and Subdivision

$185,500

·        CPTIGS - Bus Shelters

$150,000

·        Natural Disaster (June 2016) funding

$347,000

·        RMS Natural Disaster

$525,600

·        Civic Improvements Byron Bay Town Centre

$377,100

·        Byron Bay Town Centre Masterplan

$154,100

·        Multiuse of Rail Corridor

$180,000

·        Bangalow Weir stage 2

$196,000

·        Resource Recovery Centre Upgrade

$350,000

·        Community Buildings Maintenance (SRV)

$507,100

·        Suffolk Park Community Hall s94 upgrade

$176,700

 

Water and Sewer Funds

 

Carryovers for the Water Fund have decreased by $1,890,600 and the Sewer Fund has increased by $421,700 compared to the carryover applicable for the 2017/2018 financial year.

 

The following table outlines the project status of Local Roads & Drainage capital works carryovers for Councillors information where works are in progress or contracts awarded at the time this report has been prepared:

 

Table 2 – Schedule of Carryover works current status

 

Project

Carryover $

Project Status

Byron Bay Stormwater Drainage Maintenance

8,100

Works in progress that will be completed in 18/19.

Brunswick Heads Parking

104,700

Design works in progress that will be completed in 18/19.

Bridge - Parkers

58,300

Works in progress that will be completed in 18/19.

Bridge - Booyong

105,300

Works in progress that will be completed in 18/19.

Bridge - Eureka

43,400

Works to be undertaken in 18/19.

PTIGS - Bus Shelters

150,000

Public Art process to be undertaken in 18/19 for bus shelter renewal as per Council resolution.

Main Arm Road - Blind Mouth Causeway Upgrade

884,000

Contract awarded and works in progress. Will be completed in 18/19.

Blindmouth & Main Arm Rds Intersection

142,600

Works to be done in conjunction with Main Arm causeway contract works

Remove last fish passage barrier on Byron

8,500

Works in progress that will be completed in 18/19.

Bayshore Drive/Ewingsdale Rd Roundabout

660,300

Contract awarded and works in progress. Will be completed in 18/19.

Bayshore Drive Roundabout – Artwork

60,000

Public Art works to be done in conjunction with contract roundabout works.

Access ramps and footpaths Works

12,000

Works to be done in conjunction with Railway Park upgrade works in 18/19.

Replacement of damaged Footpaths Shire

10,800

Works in progress that will be completed in 18/19.

Massinger St - Lawson to Carlyle

4,100

Design works in progress that will be completed in 18/19.

Shire Wide - PAMP (Pedestrian Access Man

53,600

Planning works in progress that will be completed in 18/19.

Survey, design and consultation Bay lane

12,200

Design works in progress that will be completed in 18/19.

Bridges Capital Renewal Miscellaneous

12,800

Works in progress that will be completed in 18/19.

Bridges - Brunswick Road Bridge

50,000

Works to be undertaken in 18/19.

Lighthouse Road, Byron Bay

9,600

Design works in progress that will be completed in 18/19.

22 Bangalow Road - Resolve Stormwater

59,900

Works to be undertaken in 18/19.

Project Investigation & Planning

59,400

Design works in progress that will be completed in 18/19.

Settlement Road

6,400

Design works in progress that will be completed in 18/19.

Byron St

26,000

Design works in progress that will be completed in 18/19.

Ewingsdale Rd/Sunrise Boulevard Roundabout

48,900

Land acquisition works to be completed in 18/19.

Shire Wide - Bike Plan

53,600

Planning works in progress that will be completed in 18/19.

Lismore Road Off-Road Shared Path Invest

19,400

Design works in progress that will be completed in 18/19.

Ewingsdale Road Off-Road Shared Path

19,000

Design works in progress that will be completed in 18/19.

SGB Street Drainage Upgrade – Elizabeth

10,000

Design works in progress that will be completed in 18/19.

The Pocket Road Segment 568.10 (CH1.79-2

17,000

Design works in progress that will be completed in 18/19.

Station Street, Bangalow

35,300

Design works in progress that will be completed in 18/19.

Lawson Street, Byron (Middleton to Tenny

9,200

Design works in progress that will be completed in 18/19.

Middleton St (Marvel St to Kingsley)

7,800

Design works in progress that will be completed in 18/19.

DESIGN ONLY - Kendall RAB

2,900

Design works in progress that will be completed in 18/19.

DESIGN ONLY - Ewingsdale Rd (Highway to

60,700

Design works in progress that will be completed in 18/19.

Deacon and Station Street Intersection B

61,400

Design works in progress that will be completed in 18/19.

Byron Street Byron Bay Jonson to Railway

7,900

Works in progress that will be completed in 18/19.

Shirley Street Widening Investigation

22,000

Design works in progress that will be completed in 18/19.

Gravel Resheeting

82,600

Works to be undertaken in 18/19.

Clifford St intersection with Broken Head

19,200

Design works in progress that will be completed in 18/19.

Boardwalk Design - Lawson to Butler Sts

30,000

Works to be undertaken in 18/19.

Seven Mile Beach Rd Investigations

20,000

Design works in progress that will be completed in 18/19.

Scarabelottis Lookout- Keys Bridge Reserve

15,000

Design works in progress that will be completed in 18/19.

Rifle Range Road Intersection Upgrade

341,600

Design works in progress that will be completed in 18/19.

Balemo Dr O/S shared path Orana Dr

17,400

Design works in progress that will be completed in 18/19.

Traffic Study Strategic Network Analysis

174,900

Design works in progress that will be completed in 18/19.

McGettigans / Ewingsdale Road R/about

27,600

Works to be undertaken in 18/19.

Total

3,645,400

 

 

Whilst Council in accordance with Clause 211 of the Local Government (General) Regulation 2005 conducted its annual meeting to approve expenditure and voting of money on 28 June 2018 via Resolution 18-429, the expenditure items subject of this report were not included in the 2018/2019 Budget Estimates but now need to be.  The intent of this report is to seek Council approval to revote the carryovers from the 2017/2018 financial year and to adopt the budget allocation carryovers for inclusion in the 2018/2019 adopted Budget Estimates.

 

The Strategic Planning Committee at its meeting held on 28 March 2013 considered Report 4.3 on the Council’s financial position for the 2012/2013 financial year.  The recommendations from this meeting were adopted by Council at its Ordinary Meeting held on 18 April 2013 through resolution 13-164. Committee recommendation SPC 4.3 in part 5 included the following process to be applied to the consideration of any amount identified as a carryover to the 2013/14 and future Budgets and funded from general revenues:

 

That Council determines that any general revenue funded allocated expenditure, not

expended in a current financial year NOT be automatically carried over to the next

financial year before it is reviewed and priorities established.

 

Resolution 13-164 has also been incorporated into Part 7 – ‘Policy and Decision Making’ of the Financial Sustainability Plan (FSP) 2017/2018 considered by Council at its Ordinary Meeting held on 14 December 2017 (Resolution 17-647).

 

This report was also considered by the Finance Advisory Committee at its Meeting held on 16 August 2018.

 

Statutory and Policy Compliance Implications

 

Regulation 211 of the Local Government (General) Regulation 2005 outlines the requirements of Council relating to authorisation of expenditure.  Specifically the Regulation 211 states:

 

(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.

 

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

 

Council resolution 13-164

 

Part 7 – ‘Policy and Decision Making’ of the Financial Sustainability Plan (FSP) 2017/2018.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.11

 

 

Report No. 13.11         Budget Review 1 April 2018 to 30th June 2018

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/1402

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report is prepared in accordance with the format required by Clause 203 of the Local Government (General) Regulation 2005 to inform Council and the Community of Council’s estimated financial position for the 2017/2018 financial year, reviewed as at 30 June 2018.

 

The Quarterly Budget Review for the June 2018 Quarter has been prepared by staff even though it is not statutory requirement to assist Council with its Policy and decision making on matters that could have short, medium and long term implications on Councils financial sustainability.

 

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

 

The report also provides an indication of the financial position of the Council at 30 June 2018.  It should be noted that the figures provided are subject to completion and audit of the Council’s Financial Statements for 2017/2018. Any major variances to the estimated financial position for the 2017/2018 financial year will be included as part of the report adopting the financial statements during October 2018.

 

This report is scheduled to be considered by the Finance Advisory Committee at its meeting held on 16 August 2018.

 

 

 

  

 

RECOMMENDATION:

1.       That Council authorises the itemised budget variations as shown in Attachment 2 (#E2018/67079) which includes the following results in the 30 June 2018 Quarterly Review of the 2017/2018 Budget:

 

General Fund - $0 change in Unrestricted Cash Result

a)      General Fund - $9,795,300 increase in reserves

b)      Water Fund - $1,899,300 increase in reserves.

c)      Sewerage Fund - $3,461,600 increase in reserves

 

Attachments:

 

1        Budget Variation for General, Water and Sewerage Funds, E2018/67080

2        Itemised Listing of Budget Variations for General, Water and Sewerage Funds, E2018/67079

 

 


 

Report

 

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

 

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

 

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

 

Consolidated Budget Cash Result

 

 

 


General Fund Cash Result     Water Fund Cash Result        Sewer Cash Result

 

 

 


Principal Activity                     Principal Activity                     Principal Activity

 

 

 


Operating Income       Operating Expenditure    Capital income    Capital Expenditure

 

 

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

 

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

 

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

 

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

 

Office of Local Government Budget Review Guidelines:

 

The Office of Local Government on 10 December 2010 issued the new Quarterly Budget Review Guidelines via Circular 10-32, with the reporting requirements to apply from 1 July 2011.  Reports to Council concerning Quarterly Budget Reviews normally provide statements in accordance with these guidelines as a separate attachment.  Given that there is no statutory obligation for Council to produce a Quarterly Budget Review as at 30 June each financial year, the statements required by the guidelines have not been produced for this specific report only. 

 

CONSOLIDATED RESULT

 

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

 

 

2017/2018 Budget Review Statement as at 30 June 2018

Original Estimate (Including Carryovers)

1/7/2017

 

Adjustments to 30 June 2018 including Resolutions*

Proposed 30 June 2018 Review Revotes

 

Revised Estimate 30/6/2018

Operating Revenue

77,022,500

5,547,700

2,997,600

85,567,800

Operating Expenditure

79,542,600

6,571,300

(1,339,900)

84,774,000

Operating Result – Surplus/Deficit

(2,520,100)

(1,023,600)

4,337,500

793,800

Add: Capital Revenue

27,595,500

(18,949,300)

879,100

9,525,300

Change in Net Assets

25,075,400

(19,972,900)

5,216,600

10,319,100

Add: Non Cash Expenses

12,939,400

0

0

12,939,400

Add: Non-Operating Funds Employed

2,160,000

1,239,000

(93,800)

3,305,200

Subtract: Funds Deployed for Non-Operating Purposes

(64,587,000)

26,544,400

10,033,400

(28,009,200)

Cash Surplus/(Deficit)

(24,412,200)

7,810,500

15,156,200

(1,445,500)

Restricted Funds – Increase / (Decrease)

(24,419,500)

7,817,800

15,156,200

(1,445,500)

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

7,300

(7,300)

0

0

 

GENERAL FUND

 

In terms of the General Fund projected Unrestricted Cash Result the following table provides a reconciliation of the estimated position as at 30 June 2018:

 

Opening Balance – 1 July 2017

$1,145,200

Plus original budget movement and carryovers

$7,300

Council Resolutions July – September Quarter

($50,000)

September Review – increase/(decrease)

($161,900)

Council Resolutions October – December Quarter

($10.000)

December Review – increase/(decrease)

($42,300)

Council Resolutions January – March Quarter

0

March Review – increase/(decrease)

$256,900

Council Resolutions April – June Quarter

0

Recommendations within this Review – increase/(decrease)

0

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

0

Estimated Unrestricted Cash Result Closing Balance – 30 June 2018

$1,145,200

 

The General Fund financial position overall has remained at zero as a result of this budget review.  The proposed budget changes are detailed in Attachment 1.

 

Council Resolutions impacting the Budget Result

 

There were no resolutions of Council during the April to June quarter that affected the budget result.

 

Budget Adjustments

 

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

 

 

 

 

 

 

Budget Directorate

Revenue Increase/

(Decrease) $

Expenditure Increase/

(Decrease) $

Budget Result Increase/ (Decrease) $

General Manager

57,100

57,100

0

Corporate & Community Services

1,995,200

1,559,500

435,700

Infrastructure Services

(5,973,400)

(5,789,100)

(184,300)

Sustainable Environment & Economy

361,900

613,300

(251,400)

Total Budget Movements

(3,559,200)

(3,559,200)

0

 

Budget Adjustment Comments

 

Within each of the Directorates of the General Fund, are a series of budget adjustments identified in detail at Attachment 1 and 2.  More detailed notes on these are provided in Attachment 1 with the majority of budget revotes proposed to reflect actual results achieved.

 

The major consideration with this budget review is the reduction in expenditure associated with projects not completed and under expenditure.  Council will also be considering a report to this same Ordinary Council Meeting regarding carryover items from the 2017/2018 financial year not completed to be added to the 2018/2019 Budget Estimates.  This report also considers the implications of that report.

 

Specific Cash Position

 

Upon reconciling Council’s total cash and investment position at 30 June 2018 compared to the reserve movements outlined in this Budget Review, there is an indication that Council will have total unrestricted cash and investments of $1,145,200 – the same level as 2017.  Council commenced the 2017/2018 financial year with unrestricted cash of $1,145,200 which was an attainment of one of Council’s short term financial goals. The actual amounts that will be eventually allocated will be contingent upon finalisation of the 2017/2018 financial statements yet to be finalised and subject to external audit and further reporting to Council.

 

WATER FUND

 

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

 

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

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2017

$4,953,800

Plus original budget reserve movement

939,000

Less reserve funded carryovers from 2016/2017

(124,800)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(40,000)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(56,500)

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

11,000

Resolutions April - June Quarter – increase / (decrease)

0

June Quarterly Review Adjustments – increase / (decrease)

1,240,800

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

1,969,500

Estimated Reserve Balance at 30 June 2018

$6,923,300

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2017

$6,692,100

Plus original budget reserve movement

(1,874,000)

Less reserve funded carryovers from 2016/2017

(2,645,300)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(70,000)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(50,000)

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

1,184,100

Resolutions April - June Quarter – increase / (decrease)

(37,500)

June Quarterly Review Adjustments – increase / (decrease)

658,500

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

(2,834,200)

Estimated Reserve Balance at 30 June 2018

$3,857,900

 

Movements for Water Fund can be seen in Attachment 1 with a proposed estimated increase to reserves (including S64 Contributions) overall of $1,899,300 from this review.

 

SEWERAGE FUND

 

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

 

Capital Works Reserve

 

Opening Reserve Balance at 1 July 2017

$7,372,800

Plus original budget reserve movement

(2,408,100)

Less reserve funded carryovers from 2016/2017

(102,200)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

99,000

Resolutions October - December Quarter – increase / (decrease)

(251,000)

December Quarterly Review Adjustments – increase / (decrease)

(524,300)

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

2,647,100

Resolutions April - June Quarter – increase / (decrease)

 

June Quarterly Review Adjustments – increase / (decrease)

1,853,300

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

1,313,800

Estimated Reserve Balance at 30 June 2018

$8,686,600

 

Plant Reserve

 

Opening Reserve Balance at 1 July 2017

$827,800

Plus original budget reserve movement

0

Less reserve funded carryovers from 2016/2017

0

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(12,300)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

0

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

0

Resolutions April - June Quarter – increase / (decrease)

 

June Quarterly Review Adjustments – increase / (decrease)

(91,100)

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

(103,400)

Estimated Reserve Balance at 30 June 2018

$724,400

 

Section 64 Developer Contributions

 

Opening Reserve Balance at 1 July 2017

$9,583,600

Plus original budget reserve movement

(188,800)

Less reserve funded carryovers from 2016/2017

(1,949,600)

Resolutions July -  September Quarter – increase / (decrease)

0

September Quarterly Review Adjustments – increase / (decrease)

(101,700)

Resolutions October - December Quarter – increase / (decrease)

0

December Quarterly Review Adjustments – increase / (decrease)

(275,000)

Resolutions January - March Quarter – increase / (decrease)

0

March Quarterly Review Adjustments – increase / (decrease)

283,500

Resolutions April - June Quarter – increase / (decrease)

0

June Quarterly Review Adjustments – increase / (decrease)

1,699,400

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

(532,200)

Estimated Reserve Balance at 30 June 2018

$9,051,400

 

Movements for the Sewerage Fund can be seen in Attachment 1 with a proposed estimated overall increase to reserves (including S64 Contributions) of $3,461,600 from this Budget Review.

 

Legal Expenses

 

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

 

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

 a fund basis as at 30 June 2018.

 

Total Legal Income & Expenditure as at 30 June 2018

 

 

Program

2017/2018

Budget ($)

 

Actual ($)

Percentage To Revised Budget

Income

 

 

 

Legal Expenses Recovered

0

0

0%

Total Income

0

0

0%

 

 

 

 

Expenditure

 

 

 

General Legal Expenses

301,000

353,124

117.32%

Total Expenditure General Fund

301,000

353,124

117.32%

 

Note: The above table does not include costs incurred by Council in proceedings after 30 June 2017 or billed after this date.  An additional $100,000 was allocated at the December 2017 budget review to the General Legal Expenses budget, funded from the Legal Services Reserve.

The current status of the Legal Services Reserve is shown below:

 

Legal Reserve

 

Opening Reserve Balance at 1 July 2017

$514,800

Less:-

 

Legal Services Officer

(61,400)

General Legal Expenses (December 2017 QBR)

(100,000)

Byron Rail Corridor Park (Railway Square Upgrade) (1)

(22,000)

Conservation Management Strategy (Railway Square Upgrade) (1)

 (8,800)

Market/Comm Relocation/Use Das (Railway Square Upgrade) (1)

(500)

Rail Corridor Contamination Assessment (Railway Square Upgrade) (1)

(4,000)

Estimated Reserve Balance at as at 30 June 2018

$318,100

 

(1)  These items were approved by Council as per resolution 18-111.

 

Byron Railway Precinct Projects

 

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

 

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

 

Job No

Project No

Project

Current Budget 2017/2018 $

4835.187

0

Byron Bay Town Centre Masterplan

239,300

44283.013

1

Byron Street

200,000

44265.001

1

Byron Street

311,400

4835.188

2

Byron St Connection Upgrade

139,000

4835.189

3

Railway Park Upgrade

237,500

4835.190

4

Visitor Centre Refurbishment

130,000

2306.028

5

Countrylink Building Project Plan

35,000

4835.191

0

Visitor Centre Technology Project

45,000

4835.219

18

Byron Rail Corridor Park

57,000

4835.222

9

Conservation Mgmt Strategy

8,800

4835.223

11

Market/Comm Relocation/DAs

500

4835.224

12

Rail Corridor Contamination Assessment

32,100

4835.225

13

Farmers Market Relocation

21,900

 

 

Total

1,457,500

 

Financial Implications

 

The 30 June 2018 Quarter Budget Review of the 2017/2018 Budget Estimates forecasts no change to the estimated budget attributable to the General Fund assuming all revotes of income and expenditure reported for Council’s consideration are approved.  Overall, the short term financial position of Council still needs to be carefully monitored on an ongoing basis. Maintaining this result through the financial year given the challenges is a good outcome.

 

It is expected also given the level of reserve funds compared to total cash and investments at 30 June 2018, Council is likely to have maintained an unrestricted cash balance currently estimated at least $1,145,200.  This is another achievement for Council maintaining this result throughout the financial year.

 

Notwithstanding that Council has maintained during the year its short term funding liquidity goal, Council certainly still has bigger issues in the longer term regarding its financial sustainability such as the provision of adequate funding for the maintenance and renewal of infrastructure assets.

The outcomes associated with this Budget Review need to be considered in context that they are indicative financial outcomes for the 2017/2018 financial year.  Council is yet to finalise its financial statements for the year ended 30 June 2018 which will be subject to external independent audit.

 

It is expected that Council will receive a report to adopt its financial statements for the year ended 30 June 2018 at its Ordinary Meeting to be held on 18 October 2018 where the final financial results for the year will be presented.

 

This report was also considered by the Finance Advisory Committee at its meeting held on 16 August 2018.

 

Statutory and Policy Compliance Implications

 

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

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

 

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

 

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

 

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

 

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

 

Statement by Responsible Accounting Officer

 

This report indicates that the short term financial position of the Council is still satisfactory for the 2017/2018 financial year, having consideration of the original estimate of income and expenditure at the 30 June 2018 Quarter Budget Review.

 

This opinion is based on the estimated Unrestricted Cash Result position and the maintenance overall of a balanced budget result for the 2017/2018 financial year.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.12

 

 

Report No. 13.12         Investments July 2018

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/1420

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

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

 

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

 

 

   

 

RECOMMENDATION:

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

 

 

 

 


 

Report

 

In relation to the investment portfolio for the month of July 2018, Council has continued to maintain a diversified portfolio of investments. At 31 July 2018, the average 90 day bank bill rate (BBSW) for the month of July was 1.96%. Council’s performance to 31 July 2018 is 2.67% Council’s performance is again higher than the benchmark. This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits and purchasing floating rate notes with attractive interest rates.

 

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

 

Schedule of Investments held as at 31 July 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

Y

BBB+

28/10/19

Y

FRN

3.17%

655,144.56

 

24/03/17

1,000,000

NAB Social Bond (Gender Equality)

Y

AA-

24/03/22

N

B

3.25%

1,017,387.17

31/03/17

1,000,000

CBA Climate Bond

Y

AA-

31/03/22

N

FRN

3.25%

1,000,000.00

16/11/17

750,000

Bank of Queensland

Y

BBB+

16/11/21

N

FRN

2.63%

750,000.00

31/01/18

2,000,000

AMP Bank

Y

A

03/08/18

N

TD

2.60%

2,000,000.00

02/02/18

1,000,000

Rural Bank

Y

BBB+

02/08/18

Y

TD

2.62%

1,000,000.00

06/02/18

1,000,000

Gateway Credit Union

Y

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)

Y

NR

15/08/18

Y

TD

2.61%

1,000,000.00

01/03/18

1,000,000

Defence Bank

Y

BBB

01/08/18

U

TD

2.50%

1,000,000.00

06/03/18

2,000,000

My State Bank

Y

BBB

06/09/18

Y

TD

2.65%

2,000,000.00

06/03/18

1,000,000

Bananacoast Credit Union

Y

NR

06/09/18

Y

TD

2.60%

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

16/03/18

1,000,000

The Capricornian Credit Union

Y

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-

04/10//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

Police Credit Union Limited (SA)

N

NR

02/10/18

Y

TD

2.85%

1,000,000.00

16/04/18

1,000,000

The Capricornian Credit Union

Y

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

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

Y

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

Y

BBB

07/08/18

Y

TD

2.60%

2,000,000.00

09/05/18

1,000,000

Coastline Credit Union

Y

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

Y

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)

Y

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

Y

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

Y

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

03/07/18

1,000,000

B & E Ltd (Bank of Us)

N

NR

31/10/18

U

TD

3.00%

1,000,000.00

04/07/18

2,000,000

ME Bank

N

BBB

27/09/18

Y

TD

2.70%

2,000,000.00

04/07/18

1,000,000

NAB

N

AA-

08/10/18

N

TD

2.57%

1,000,000.00

05/07/18

1,000,000

Hunter United Employees Credit Union

N

NR

03/10/18

U

TD

2.90%

1,000,000.00

05/07/18

1,000,000

NAB

N

AA-

03/10/18

N

TD

2.76%

1,000,000.00

09/07/18

1,000,000

Beyond Bank

N

BBB

10/12/18

Y

TD

2.75%

1,000,000.00

23/07/18

1,000,000

AMP Bank

N

A

21/01/19

N

TD

2.80%

1,000,000.00

23/07/18

1,000,000

NAB

N

AA-

22/10/18

N

TD

2.68%

1,000,000.00

23/07/18

1,000,000

Bankwest

N

AA-

22/10/18

N

TD

2.65%

1,000,000.00

24/07/18

1,000,000

ME Bank

N

BBB

22/10/18

Y

TD

2.73%

1,000,000.00

30/07/18

2,000,000

ME Bank

N

BBB

29/10/18

Y

TD

2.73%

2,000,000.00

N/A

2,080,138

CBA Business Online Saver

N

A

N/A

N

CALL

1.40%

2,080,138.36

 

12/01/18

1,011,062

NSW Treasury Corp

N

AAA

N/A

Y

CALL

1.60%

1,011,061.74

Total

73,491,200                                                                                                                                                                             

 

 

 

 

 

AVG

2.67%

73,513,731.83

 

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

 

Dissection of Council Investment Portfolio as at 31 July 2018

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

67,000,000.00

Term Deposits

67,000,000.00

0.00

2,400,000.00

Floating Rate Note

2,405,144.56

5,144.56

2,080,138.36

Business On-Line Saver (At Call)

2,080,138.36

0.00

1,011,061.74

NSW Treasury Corp (T Corp)

1,011,061.74

0.00

1,000,000.00

Bonds

1,017,387.17

17,387.17

73,491,200.10

 

73,513,731.83

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 July 2018 on a current market value basis. 

 

Movement in Investment Portfolio – 31 July 2018

Item

Current Market  Value (at end of month) $

Opening Balance at 30 June 2018

76,506,977.26

Add: New Investments Purchased

13,000,000.00

Add: Call Account Additions

0.00

Add: Interest from Call Account

4,513.24

Less: Investments Matured

15,000,000.00

Add: T Corp Additions

0.00

Add: Interest from T Corp

2,241.33

Less: Call Account Redemption

1,000,000.00

Add: Fair Value Movement for period

0.00

 

Closing Balance at 31 July 2018

73,513,731.83

 

Investments Maturities and Returns – July 2018

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

1,000,000

NAB

TD

04/07/18

91

2.57%

6,407.40

2,000,000

ME Bank

TD

04/07/18

183

2.55%

25,569.86

1,000,000

NAB

TD

05/07/18

91

2.57%

6,407.40

1,000,000

Hunter United Employees Credit Union

TD

05/07/18

90

2.55%

6,287.67

1,000,000

Beyond Bank

TD

09/07/18

124

2.50%

8,493.15

1,000,000

Bankwest

TD

09/07/18

90

2.60%

6,410.96

1,000,000

Bankwest

TD

12/07/18

91

2.60%

6,482.19

1,000,000

NAB

TD

16/07/18

124

2.58%

8,764.94

1,000,000

AMP Bank

TD

23/07/18

181

2.60%

12,893.15

1,000,000

NAB

TD

23/07/18

91

2.60%

6,482.20

1,000,000

Bankwest

TD

23/07/18

90

2.65%

6,534.25

1,000,000

ME Bank

TD

24/07/18

181

2.60%

12,893.15

2,000,000

Rural Bank

TD

30/07/18

182

2.60%

25,928.77

15,000,000

 

 

 

 

 

139,555.09

 

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

 

Dissection of Council Cash Position as at 31 July 2018

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

67,000,000.00

67,000,000.00

0.00

Floating Rate Note

2,400,000.00

2,405,144.56

5,144.56

Business On-Line Saver (At Call)

2,080,138.36

2,080,138.36

0.00

NSW Treasury Corp (T Corp)

1,011,061.74

1,011,061.74

0.00

Bonds

1,000,000.00

1,017,387.17

17,387.17

Total Investment Portfolio

73,491,200.10

73,513,731.83

22,531.73

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

1,753,766.68

1,753,766.68

  0.00

Total Cash at Bank

1,753,766.68

1,753,766.68

  0.00

 

 

 

 

Total Cash Position

75,244,966.78

75,267,498.51

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.

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.13

 

 

Report No. 13.13         Bayshore Drive Roundabout Public Art Project

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2018/1433

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

The Bayshore Drive Roundabout Public Art Project is a key deliverable in the newly adopted Public Art Strategy. The Public Art Panel met on Friday 3 August to select the final artist to commission for the project.

 

Council is requested to endorse the Public Art Panel’s selection.

 

 

  

 

RECOMMENDATION:

That Council:

1.       Grant the preferred artist, as per attachment 2 (E2018/66023), the commission to           deliver the Bayshore Drive Roundabout Public Art Project, subject to the project
          sub-committee being satisfied that the engineering, fabrication, timeline, and           budget have been well considered and confirmed.

 

2.       Note that the sub-committee on the project will work with the selected artist to           facilitate the delivery of a successful project.

 

 

Attachments:

 

1        Expression of Interest - Public Art for Bayshore Drive roundabout, E2018/39447

2        Confidential - Preferred Artist's submission (Stage1&2), E2018/66023  

 

 


 

Report

 

The Bayshore Drive Roundabout Public Art Project is a key deliverable in the newly adopted Public Art Strategy.

 

A brief was developed with input from the Panel members and is provided as Attachment 1.

 

A PAP sub-committee was selected to work with staff to progress the commissioning of a public artwork – Lisa Hochhauser, Matthew Baird and Julie Lipsett (Denise Napier alternate for Julie), noting that Crs Ndiaye, Hackett and Richardson would also be involved where possible.

 

The Bayshore Drive roundabout is at a major intersection of Ewingsdale Rd and Bayshore Drive, Bayshore Drive being the main entrance to the Byron Arts and Industrial Estate, and access to Sunrise Beach residential area. Council has received grant funding to deliver the new roundabout by 31 January 2019.

 

It is Council’s preference  that the public art project is completed and installed prior to any official opening or launch of the new roundabout.

 

Expressions of Interest were called via advertising from 14 June, with submissions closing 13 July. An onsite information session was held on Tuesday 26 June with two artists attending.

 

The sub-committee of the Panel has met to undertake the first round of shortlisting. The shortlisted artists signed a Concept Development contract and were paid $1,000 each to further develop their concept designs.

 

The Public Art Panel held an ordinary meeting on Friday 3 August to select a final artist to commission for the project. Due to the tight delivery timelines, this report provides the information about the final artist selection with a request that Council support the PAP’s recommendation.

 

The artist’s proposal is provided at Confidential Attachment 2 for Councillors’ information.

 

Financial Implications

 

This project is being funded from Section 94 developer contributions.

 

The total available budget is $60,000, however $5,000 has been set aside to pay for concept design development and as a small contingency. The total available amount for artists to deliver the project is $55,000.

 

There is no cost to the public art budget.

 

Statutory and Policy Compliance Implications

 

Public Art Policy

Public Art Strategy

Public Art Guidelines and Criteria


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.14

 

 

Report No. 13.14         Water, Waste and Sewer Advisory Committee - Community Representatives

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Governance Officer

File No:                        I2018/1400

Theme:                         Corporate Management

                                      Corporate Services

 

 

Summary:

 

Following the resignation of community member, Alan Dickens from the Water, Waste, and Sewer Advisory Committee, Council has called for nominations for community members to replace this position on the committee.

 

The purpose of the Water, Waste and Sewer Advisory Committee is to:

 

a)      Develop policies for addressing the water cycle and waste cycle management needs and aspirations of the Shire’s population in an ecologically sustainable way.

b)      Develop strategies for natural resource management / demand management for water, sewer and waste management within the Shire.

c)      Recommend on strategies and plans that address water and waste management issues in a regional/ broader context.

 

Council advertised for expressions of interest for community representatives to the Water, Waste and Sewer Advisory Committee, which closed on Friday, 27 July 2018.

 

This report has been prepared to allow Council to consider the nominations received, as contained in Confidential Attachment 1, and advise the Water, Waste and Sewer Advisory Committee of its community representatives.

 

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

 

  

 

RECOMMENDATION:

That Council:-

1.       Accept the resignation of Alan Dickens from the Water, Waste, and Sewer Advisory committee and provide a letter of thanks.

2.       Nominate ________________ for appointment to the Water, Waste and Sewer Advisory Committee.

 

3.       Thank all nominees for their interest and time in submitting an Expression of Interest.

 

 

Attachments:

 

1        Confidential - Expression of Interest for Water, Waste and Sewer Committee Membership - August 2018 - candidate A, E2018/65343  

2        Confidential - Expression of Interest for Water, Waste and Sewer Committee Membership August 2018 - Candidate B, E2018/65331  

3        Confidential - Expression of Interest Water, Waste and Sewer Committee Membership August 2018 - Candidate C, E2018/65345  

 

 

Report

 

Committee meetings are held as required, although generally every quarter for approximately two hours during business hours.

 

The Expression of Interest Forms required each nominee to address the assessment criteria sought from the prospective community representatives. Completed Expression of Interest forms received are provided in Confidential Attachment 1, 2 and 3.

 

Ideally prospective community representatives should:

•        Have an interest in the water cycle and waste cycle management needs

•        Assist in recommending on strategies and plans that address water and waste management issues in a regional/broader context

•        Assist develop strategies for natural resource management/demand management for water, sewer and waste management within the Shire

•        Have an understanding of the role of Local Government

•        Demonstrate a commitment to consultative processes

•        Have the ability to develop and sustain contacts with key individuals and groupings in the local community

•        Have the ability to effectively listen to, and cooperate with community members holding similar or different points of view

 

Financial Implications

 

The advertisement for the applications for community representatives were undertaken within existing allocated resources.

 

Statutory and Policy Compliance Implications

 

The nomination of a community representative is in accordance with the Constitution for the Water, Waste and Sewer Advisory Committee.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.15

 

 

Report No. 13.15         Licence for community garden at Red Bean Close Suffolk Park

Directorate:                 Corporate and Community Services

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2018/1440

Theme:                         Corporate Management

                                      Corporate Services

 

 

Summary:

 

The resident of 32 Red Bean Close Suffolk Park, has progressively turned the majority of open space within Bunya Place Park into a garden area without Council approval. The area is planted with over 100 native and fruit trees with raised garden beds, furniture and an in-ground irrigation system.

 

Around 70% of the available open space has now been planted and the area looks, to all intents, like private property.

 

The resident’s use of the land and attempts to exclude the community from the land has led to ongoing conflict. 

 

Meetings between Council and the Resident resulted in Council seeking to regularise the activities on the land by investigating the issue of a one year licence. Council sought public comment on the proposed licence and received a number of submissions including a petition opposing the grant of a licence signed by 198 persons.

 

Given the strong objections raised by the community regarding the proposed licence, Council staff recommend that the licence not be granted and that the reserved land be returned to state whereby the community have full and unrestricted access to the land.

 

 

  

 

RECOMMENDATION:

That Council:

1.    Decline the granting of the Licence for the occupation of and carrying out of works on Red Bean Close Reserve Suffolk Park (parcel 197060 being Lot 218 DP 846399 and Parcel 229740 being Lot 18 DP 1009620)

2.    Request the resident to return the reserve back into a passive recreational reserve consistent with its current Plans of Management and that in the event that the resident does not comply with such request an orders process be undertaken to achieve the return of the reserve to passive recreation.

3.    Take steps to achieve the removal of inappropriate vegetation and structures, including European honeybee hives from the land.

4.    Request staff to consult with the local community on level of service maintenance for this community asset.

5.    Request staff to erect signage on the Reserve that identifies the land as Community land.

 

Attachments:

 

1        Confidential - Submissions and petition, E2018/66865  

 

 


 

Report

 

The resident of 32 Red Bean Close Suffolk Park (Resident), has progressively turned the majority of open space within Bunya Place Park into a garden area.  The garden is planted with over 100 plants including both native and fruit trees and has installed garden furniture, raised garden beds and an in-ground irrigation system. The Resident mows and maintains the garden area.

 

Around 70% of the available open space has now been planted and the area looks, to all intents, like private property.

 

Friction between the Resident and neighbours resulted in formal complaints being lodged with Council. 

 

Neighbours claim that works by the Resident effectively privatised the reserve for the Resident’s own use. The Resident in turn claims that neighbours were pulling out or poising the plantings in the reserve. 

 

Later searches by Council located a promotional advertisement on Airbnb whereby the Resident described the area as “a private nature reserve and a fabulous big backyard that includes… native and fruit bearing trees, 10 award winning vegetable gardens and both native and European honeybee hives”.    

 

Subsequent meetings between Council and the Resident resulted in Council seeking to regularise the activities on the land by the investigation of a license agreement which would permit the resident to undertake a self managed community garden.

 

Council, in accordance with its legislative requirements, sought public comment on the proposed licence and received a number of submissions.

 

Council must now consider all submissions received in determining whether to grant the licence.

 

The Land:

 

Bunya Place Park is categorised as community land accessible from Red Bean Close Suffolk Park.

 

The land is subject to two management plans being the:

·    Generic Plan of Management for Community Land Categorises as General Community Use –Drainage Reserve; and

·    Generic Plan of Management for Community Land Categorises as Natural Area.

 

Both Plans permit the granting of a licence over the land only if the purpose of the licence is consistent with the core objectives of the category of the land.

 

Background:

 

In June 2016, the Resident approached Council seeking authority to plant native trees within the reserve that adjoined his property.  Council, at that time, approved the planning and permitted the Resident to mow some of the reserve.

 

Plantings on the reserve extended beyond the planting of native trees.

 

In January 2017 Council, following complaints, requested that the Resident remove all unauthorised planted fruit trees and to provide Council with a details of any future native tree planting.

 

The Resident did not provide any details.

 

In February 2017 and again in October 2017 the Resident was given written notice to remove all unauthorised planting. Finally in December 2017 Council issued a final notice requesting the removal of all encroachments and belongings including bee hives, raised garden beds, exercise equipment, tools and machinery within seven days and that after seven days council would remove all vegetation assessed as inappropriate given the location and species.

 

In January 2018 Council’s Executive Team requested that Council staff attend an onsite meeting with the Resident with a view of establishing a management plan to formalise short-term use of the reserve and to permit a review of long-term options. 

 

At that meeting Council staff noted that reported stakes and barbed-wire fencing had been removed along with concrete garden furniture.  The Resident maintained that only local native plants had been used, that the bees were a stingless native variety and that only edible fruit and vegetables were planted.

 

The Resident also expressed a desire to work with Council to establish the garden area as a community garden. 

 

Following the meeting Council’s Executive Team requested staff to investigate the prospect of allowing a self-managed community garden. The Executive Team also requested staff to review relevant plans of management and to advertise a proposed licence. 

 

Submissions received from the public exhibition:

 

Council publicly advertised from 21 June to 19 July 2018, in accordance with the Local Government Act, a proposed grant of a one-year licence to the Community Regeneration of Open Spaces Incorporated for the purpose of general community use of a natural area for a community garden. 

 

Council received:

·    5 written submissions in favour of the licence; and

·    10 written submissions opposing the licence; and

·    198 person petition objecting to the proposed licence.

 

Council must consider all submissions received in determining whether or not to grant the one-year licence. All submissions and the petition form Confidential attachment 1 hereto.

 

The table below is a summary of submission given in favour of granting the licence.

 

Amenity Support

·    Support the use of the land.

·    A great community project with a long-term vision for creating a space for both the wild life and human uses.

·    Incorporating a community garden into the space greatly benefits the community.

·    Congratulations on the huge improvement over land that was a mess four years ago due to Council’s maintenance. Learning about growing fruits and plants in a suburban area is a great asset to the community and shire and should be encouraged.

 

The table below is a summary of submissions received objecting to the granting of the licence.

 

Procedural Concerns

Council’s Response

·    Lack of public consultation regarding the proposed garden and how it is intended to operate.

·    The vague and uncertain undocumented process as proposed for Red Bean Close sets a very bad precedent for what could be an excellent mechanism for community based management of the land

·    A competitive process needed before granting the licence.

·    Lack of consultation with immediate neighbours, should have been a letter box drop because a small A4 sign was ineffective.

·    Council in accordance with its legal obligations exhibited the proposed licence in the local newspaper for a period of 28 days. Council gave notice, via a letter box drop, to all persons who own or occupy land immediately adjoining the reserve and placed a notice on the reserve.

·    The primary purpose of the licence is to formalise what has already occurred at the site. The proposed licence will prohibits any expansion of plantings without written consent of Council.

·    The proposed licence is provided as an interim means to formalise the garden until Council has reviewed relevant Plans of Management and its Community Gardens Policy.  Once the review is complete Council is obliged to call for public expressions of interest to operate the garden.

·    Council conducted a letter box drop of owners and occupiers of land immediately adjoining the community garden site.

 


Amenity Concerns

Council’s Response

·    The encroachment is made for personal use not community use.

·    The Resident has privatised the space for his own purpose as demonstrated by his Airbnb advertisement.

·    The Resident has never held an open day to talk with neighbours about his plans and get community feedback.

·    The open space was previously used by the community walking their dogs, throwing a ball, kids played on the land, now that use has ceased to almost naught because residents have been intimidated away.

·    The space should be left for the community, native fauna and water not licensed for personal use.

·    Planting are for personal consumption, there was no community consultation and has resulted in a non-community feel.

·    The produce is being sold at nearby shops.

·    Prior history of denying and excluding public access by erecting of fencing including an electric fence and signage.

·    Prior history of failing to comply with an order to dismantle fencing until threatened with a fine.

·    Prior history of re-erecting fencing after order to dismantle was issued whereby the community removed the fencing.

·    Community is concerned Council will sell the land, and that land must be kept for community uses.

·    Loss of privacy, quietness and unobstructed access that was previous available when the land was unoccupied

·    Council has moved its maintenance responsibly over the land to the Resident, is it setting itself up for a big maintenance mess in the future.

·    Excessive noise and toxic fumes caused by inadequate equipment to maintain the land with mowing and edging takes an extremely long time and the job is never complete.

·    The site was always slashed by Council now due to the Resident’s inability to slash the site, wetland grasses are spreading towards the drainage culverts and with drainage problems in heavy rain events, flooding is a concern.

·    The ecological benefits of expanding wetlands must be weight against loss of access by emergency services; Council must resume its obligations to properly maintain the land.

·    Council needs to look ahead and determine the long-term costs to the community and council caused by the remodelling of the community space through aggressive planting,

·    The Resident use of inappropriate language (loud swearing) in a residential area.

·    The Resident has bullied the takeover of community land from the community and people no longer feel welcome. The formalisation of his takeover should not be allowed.

·    A proposed licence would prohibit the Licensee from:

a)   enclosing the licensed area to the general public.

b)   advertising the licensed area for private use;

c)   extending plantings during the term of the licence without the written consent of Council; and

d)   a breach of any essential term would result in termination of the licence and require the Licensee to provide vacant possession of the land by removing, at its own cost, all its structures and plantings within seven days after the licence ends.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·    The Licensed area covers part of:

a)   Lot 218 DP 846399; and

b)   Lot 18 DP 1009620

both lands are classified as Community Land and will not be sold.

 

·    Community land must be available for community use as determined by the Plan of Management over the land.

 

·    The Licensee would be required to maintain all current plantings, gardens and landscaping at its own cost to a standard as defined by Council.

 

·    Council will monitor the Licensee use and maintenance of the land to ensure all drainage areas work effectively.

 

 

 

 

 

 

 

 

 

 

 

 

 

Noted

 

 

Noted

 

 

Safety Concern

 

·    Prior bullying, abusive and disturbing behaviour by the Resident that required police intervention has left many close neighbours distressed.

·    Misleading and deceptive behaviour by the Resident in door knocking residence to mislead the community to go to him and not Council regarding the community space.

·    The Resident’s private garden now allows for easy access for strangers to access residential back yards and elderly residents are fearful, the land is not suitable for a garden because it is full of trees and wildlife.

 

Noted

 

 

 

Noted

 

 

 

Noted

 

The objections contained in the petition are summarised as:

 

·        That the land is community land not private and the erecting in the past of a wire fence to prevent access does not indicate community;

·        That the applicant had to be directed to dismantle an electric fence erected to prevent accesses does not indicate community;

·        That noise caused by the applicants use of inappropriate equipment to maintain is excessive and the slopes to the creek are extremely neglected; and

·        That against repeated Council instructions, the applicant has turned a one open green space maintained by Council to an unusable private tree studded maize that does not meet local needs and grows fruit and vegetables for private consumption.

 

Given the strong objections raised by the community regarding the proposed licence, Council staff recommend that a licence not be granted and that the reserved land be returned to state whereby the community have full and unrestricted access to the land.

 

Financial Implications

 

Should Council resolve as recommended the Resident will be required to remove the encroachments on the reserve. The process to achieve this will involve staff time only.

 

Should the Resident fail to remove the encroachments it will be necessary to consider the issue of Local Government Act Orders. This process will involve staff time only and will see administration fees imposed on the Resident.

 

Should the Resident failed to comply with Orders it may become necessary for Council to remove the encroachments. Council will seek to recover its costs from the Resident.

 

Statutory and Policy Compliance Implications

Local Government Act 1993 (NSW)

 

Section47   Leases, licences and other estates in respect of community land—terms greater than 5 years

(1)     If a council proposes to grant a lease, licence or other estate in respect of community land for a period (including any period for which the lease, licence or other estate could be renewed by the exercise of an option) exceeding 5 years, it must:

(a)     give public notice of the proposal (including on the council’s website), and

(b)     exhibit notice of the proposal on the land to which the proposal relates, and

(c)     give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and

(d)     give notice of the proposal to any other person, appearing to the council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

(2)     A notice of the proposal must include:

•  information sufficient to identify the community land concerned

•  the purpose for which the land will be used under the proposed lease, licence or other estate

•  the term of the proposed lease, licence or other estate (including particulars of any options for renewal)

•  the name of the person to whom it is proposed to grant the lease, licence or other estate (if known)

•  a statement that submissions in writing may be made to the council concerning the proposal within a period, not less than 28 days, specified in the notice.

(3)     Any person may make a submission in writing to the council during the period specified for the purpose in the notice.

(4)     Before granting the lease, licence or other estate, the council must consider all submissions duly made to it.

(5)     The council must not grant the lease, licence or other estate except with the Minister’s consent, if:

(a)     a person makes a submission by way of objection to the proposal, or

(b)     in the case of a lease or licence, the period (including any period for which the lease or licence could be renewed by the exercise of an option) of the lease or licence exceeds 21 years.

(6)     If the council applies for the Minister’s consent, it must forward with its application:

•                a copy of the plan of management for the land

•  details of all objections received and a statement setting out, for each objection, the council’s decision and the reasons for its decision

•  a statement setting out all the facts concerning the proposal to grant the lease, licence or other estate

•  a copy of the public notice of the proposal

•  a statement setting out the terms, conditions, restrictions and covenants proposed to be included in the lease, licence or other estate

•  if the application relates to a lease or licence for a period (including any period for which the lease or licence could be renewed by the exercise of an option) exceeding 21 years, a statement outlining the special circumstances that justify the period of the lease or licence exceeding 21 years

•  a statement setting out the manner in which and the extent to which the public interest would, in the council’s opinion, be affected by the granting of the proposed lease, licence or other estate, including the manner in which and the extent to which the needs of the area with respect to community land would, in the council’s opinion, be adversely affected by the granting of the proposed lease, licence or other estate.

(7)     On receipt of the application, the Minister must request the Director of Planning to furnish a report concerning the application within such period as the Minister specifies.

(8)     After considering the application and any report of the Director of Planning, the Minister, if satisfied that:

(a)     subsections (1), (2) and (6) have been complied with, and

(b)     such consent would not contravene section 46, and

(c)     in all the circumstances, it is desirable to grant consent,

may consent to the granting of a lease, licence or other estate in respect of the whole or part of the land to which the application relates, subject to such terms and conditions as the Minister specifies.

(8AA)          The Minister may consent to a lease or licence referred to in subsection (5) (b) only if the Minister is satisfied that there are special circumstances that justify the period of the lease or licence exceeding 21 years.

(8A)   On request by any person, the Minister must provide that person, within 14 days of that request, with a written statement of reasons for consenting to, or refusing to consent to, the granting of a lease, licence or other estate in accordance with subsection (8).

(9)     The Minister’s consent is conclusive evidence that the council has complied with subsections (1), (2) and (6).

(10)  For the purposes of this section, any provision made by a lease or licence, or by an instrument granting any other estate, in respect of community land, according to which the council:

(a)     would suffer a disadvantage or penalty if the same or a similar lease, licence or estate were not to be granted, for a further term, after the expiry of the current lease, licence or other estate, or

(b)     would enjoy an advantage or benefit if the same or a similar lease, licence or estate were to be so granted, is taken to confer an option for renewal for a term equal to the further term.

 

Section 47A   Leases, licences and other estates in respect of community land—terms of 5 years or less

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

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

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

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

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

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

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

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

  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.16

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.16         Planning Proposal Update - The Saddle Road (26.2017.3.1)

Directorate:                 Sustainable Environment and Economy

Report Author:           Natalie Hancock, Senior Planner

File No:                        I2018/1370

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Council, at its 22 February 2018 meeting, considered a report on a Planning Proposal relating to land located at Saddle Road and Gulgan Road, inclusive of Bashforths Lane and Mangrove Lane, between Mullumbimby and Brunswick Heads.

 

The impetus for the Planning Proposal was Council’s resolution of the 22 June 2017 Ordinary Council meeting (Resolution 17-260) which supported further site investigations and progression of Planning Proposals (where appropriate) to rezone land for accessible housing. This initiative was subsequently referred to as the ‘Accessible Housing Project’ (AHP), which is aimed at providing much needed housing opportunities for low-medium income households in the Byron Shire.  

 

The Planning Proposal is for a significant and large new urban growth area in Byron Shire. If developed, this area has potential to supply approximately 475 rural residential and residential lots, of which 20% of the resulting dwellings would to be secured for accessible housing.

 

The February 2018 report outlined a number of issues requiring further assessment before Council could make an informed and final decision on the Planning Proposal, including:

·        cultural heritage, farmland protection, infrastructure and precinct design

·        a significant number of landowners objected to being included in the Planning Proposal

·        mechanism(s) for delivery of the ‘affordable housing’ component of the proposal which was the pretext for it being submitted to Council.

 

Council resolved at the meeting (Res 18-099) to consider a future report on the Planning Proposal once further assessment information was available.

 

Consistent with Council’s resolution, staff have discussed with the proponents the matters as identified in the February Council report. This report provides an update on the current assessment status of the Planning Proposal, including advice from the Department of Planning and Environment confirming their position in relation to the draft Residential Strategy.  That position does not support proceeding with this Planning Proposal ahead of the Residential Strategy.

 

Notwithstanding the Department’s advice (Attachment 1), the following options are presented in the report for Council’s consideration:

1.       Advise the proponent that determination of the Saddle Road Planning Proposal will not occur until the Residential Strategy is finalised; OR 

2.       Advise the proponent that Council notes the Department’s position however it will continue with the assessment of the Planning Proposal (26.2017.3.1) with reporting to Council for consideration once further information is available.

 

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.       Note the Department of Planning and Environment’s advice clarifying progression of the Saddle Road Planning Proposal as part of the Accessible Housing Project (Attachment 1.).

 

2.(a) Advise the proponent that Council will continue with the assessment of the Saddle Road Planning Proposal (26.2017.3.1) with a further report to Council for consideration once further information is available; and

 

  (b).  That the Director Sustainable Environment and Economy arrange an urgent meeting with the Department of Planning and Environment to request reconsideration of the Department’s position on early implementation of the Accessible Housing Project initiative, and that the outcome be reported back to Council.

 

OR

 

2. (a). Advise the proponent that the determination of the Saddle Road Planning Proposal will not occur until the Residential Strategy is finalised; and

 

   (b). Notify all other Accessible Housing Project initiative proponents identified in  Resolution 17-601 that a review of their land will occur as part of finalisation of the draft Residential Strategy.

 

 

 

Attachments:

 

1        E-mail from Department of Planning and Environment Saddle Road Planning Proposal (27.2017.3.1) Early implementation of a Residential Strategy Action to provide affordable housing, E2018/67368

2        Department of Planning and Environment Response to Byron Council concerning Accessible Housing Project 2018-06-20, E2018/62839

3        Special Disclosure of Pecuninary Interest, E2012/2815

 

 


 

Report