Cover page Agenda and Min Reserve Trust infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Byron Shire Reserve Trust Committee Meeting

 

 Thursday, 18 October 2018

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 2pm

 

 

 

 

Public Access relating to items on this Agenda can be made at 2pm 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

Byron Shire Reserve Trust Committee

 

 

BUSINESS OF MEETING

 

1.    Public Access

2.    Apologies

3.    Declarations of Interest – Pecuniary and Non-Pecuniary

4.    Staff Reports

General Manager

4.1       Consent for installation of solar panels on 35 Marvell Street............................................ 4   

 

 

 

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

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                   4.1

 

 

Staff Reports - General Manager

 

Report No. 4.1             Consent for installation of solar panels on 35 Marvell Street

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2018/502

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

The Byron Bay Pre-School Incorporated (‘the Pre-School’) holds a current lease for childcare and related services over Lot 9 DP 47024, being Crown land at 35 Marvell Street Byron Bay. 

 

The Pre-School is seeking to install a 23 grid based photovoltaic solar panel system on roof of the pre-school premises, at its own cost, and requires consent from Council as the Crown Land Manager for Lot 9 DP 47024 in accordance with clause 27 of the lease.

 

The proposed installation is considered exempt development and does not require development consent.

 

  

 

RECOMMENDATION:

That Council, as the Crown Land Manager for Lot 9 DP 47024, being 35 Marvel Street Byron Bay, provides consent to the Byron Bay Pre-School Incorporation to install 23 photovoltaic solar panels on the Marvel Street premises roof in accordance with manufactures directions and at the Pre-Schools own cost.

 

 

 

 


 

Report

 

Land information:

 

Lot 9 DP 47024 is located at 35 Marvell Street, BYRON BAY NSW 2480.

The land is owned by the State of New South Wales (Crown Land).

Byron Shire Council is the Crown Land Manager for the land.

 

The Gazetted purpose of Crown land is a Kindergarten.

 

The Byron LEP 2014 Zoning is R2 Low Density Residential and provides for centre based child facilities being permissible with consent.

 

The proposal:

 

The Byron Bay Pre-School Incorporated (‘the Pre-School’) holds development consent, granted on 22 February 1984, to operate a child based facility on Lot 9 DP 47024. 

 

The Pre-School is seeking consent from Council as the Crown Land Manager of Lot 9 DP 47024 to install a grid based photovoltaic solar panel system on roof of pre-school premises at 35 Marvell Street Byron Bay.  The proposal is full funded by the Pre-School.

 

The Pre-School has:

 

i.      Obtained a quote from True Value Solar Pty Ltd to install a 6KW system comprised of 23 Jinko 260 W panels connected to two Goodwe 3 KW Single Phase inverters at an estimated cost of $6,250 (inclusive of GST) with an estimated payback period of 2.5 years; and

 

ii.     Provided a MTS Solar Electrical Report that supports the installation on the Premises by way of existing cabling, incoming supply, size and position of metre box and suitable roof structure; and

 

iii.    Provided a Greg Alderson & Associates structural report certifying that the roof framing is capable of supporting 23 new solar panels.

 

The proposed installation is considered exempt development in accordance with clause 39(3) Solar energy systems of the State Environmental Planning Policy (Infrastructure) 2007 (NSW) and does not require development consent.

 

Current Licence:

 

Council in its former role as the corporate manager of the Byron Bay (R96998) Reserve Trust resolved (13-295) to enter into a five year lease with the Pre-School over the premises. The lease terminated on 30 June 2018.  Council, with consent of the Department of Industry Crown Land and Water Division, approved to permit the Pre-School to hold over under the current lease for an additional one year.

 

Clause 27 of the lease requires the Pre-School to obtain consent for any additions or alterations to the premises from Council as the Lessor and from Council in its statutory planning role and from the Minister. 

 

Clause 39(a) of the lease further provides that upon expiry or sooner determination of the lease, all improvements defined as permanent structural works, undertaken by the Pre-School as Lessee become the property of the Lessor.

 

The Pre-School seeks consent from Council, as the Crown Land Manager for the premises, to install a 23 grid based photovoltaic solar panel system on the premises roof.

 

Native Title:

 

The delegate for the Minister for Regional Infrastructure and Services provided consent to the granting of the five year lease to the Pre-School on 31 July 2013. The granting of that consent means the Ministers Department has validated the future act of granting the lease, as a valid act under Native Title legislation.

 

Financial Implications

 

Clause 27 of the lease requires the Pre-School to cover all costs of all approved additions or alterations to the premises. As a result the $6,250 cost of installation of the 23 grid based photovoltaic solar panel system on the premise is fully funded by the Pre-School. The installed solar panels become the property of Council as the Crown Land Manager upon expiry or sooner determination of the lease.

 

Statutory and Policy Compliance Implications

 

Term of lease between the Minister for Regional Infrastructure and Services, the Byron Bay (R96998) Reserve Trust and the Byron Bay Pre-School Incorporation:

OBLIGATIONS AND RESTRICTIONS RELATING TO PREMISES

27      ADDITIONS AND ALTERATIONS

The Lessee shall not make any additions or alterations to the Premises without first obtaining the written consent of the Lessor, the Minister and the local Council (in its role as the statutory planning authority). Any additions or alterations consented to by the Lessor and the Minister shall be carried out at the Lessee’s expense and in a workmanlike manner.

 

IMPROVEMENTS AND PLANT

39      OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND TENANT FIXTURES

(a)        Upon expiry or sooner determination of this Lease all Improvements undertaken by the Lessee become the property of the Lessor.

(b)        During the Term and any extension of it, ownership of Tenant Fixtures vests in the Lessee. Notwithstanding anything contained in this Lease, so long as any Rent or other moneys are due by the Lessee to the Lessor or if the Lessee has committed any breach of this Lease which has not been made good or remedied and whether the Lessee is still in possession or not, the Lessee shall not be entitled to remove any of the Tenant Fixtures, fittings or equipment from the leased property.

 

State Environmental Planning Policy (Infrastructure) 2007 (NSW)

39   Exempt development

(1)      Small wind turbine systems Development for the purpose of a small wind turbine system is exempt development on land in a prescribed rural zone if:

(a)  it complies with clause 20 (other than clause 20 (2) (f)), and

(b)  the system is ground-mounted, and

(c)  each small wind turbine has a height of not more than 35m from ground level (existing), and

(d)  each small wind turbine is installed no less than 200m from any dwelling that is not owned or occupied by the owner of the system, and

(e)  the development will result in no more than 2 small wind turbines being situated on the lot concerned, and

(f)  each small wind turbine is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and

(g)  each small wind turbine does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and

(h)  the system is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind systems under the Clean Energy Council’s wind endorsement scheme, and

(i)  if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned.

(1A)    Wind monitoring towers The installation of a wind monitoring tower used in connection with investigating or determining the feasibility of a small wind turbine system that has a generating capacity of no more than 1 MW is exempt development on any land if:

(a)      it complies with clause 20 (other than clause 20 (2) (f)), and

(b)      the tower is located clear of any works, including power lines, of any relevant network operator (within the meaning of the Electricity Supply Act 1995) and complies with any requirements of the network operator that relate to clearance from those works, and

(c)      the tower does not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, and

(d)      the tower is installed in accordance with the manufacturer’s specifications or by a person who is endorsed for the design and installation of small wind turbine systems under the Clean Energy Council’s wind endorsement scheme, and

(e)      if the land contains a State or local heritage item or is in a heritage conservation area—the tower is not visible from any road at the point where the road adjoins the property boundary concerned, and

(f)       in the case of land in a prescribed residential zone:

(i)  there is no other wind monitoring tower installed on the lot concerned, and

(ii)  the height of the tower from ground level (existing) to the topmost point of the tower is no more than 18m, and

(iii)  the tower is installed no less than 18m from any dwelling that is not owned or occupied by the owner of the tower, and

(g)  in the case of land in a prescribed rural, industrial or special use zone:

(i)  there are no more than 2 other wind monitoring towers installed on the lot concerned, and

(ii)  the height of the tower from ground level (existing) to the topmost point of the tower is no more than 35m, and

(iii)  the tower is installed no less than 35m from any dwelling that is not owned or occupied by the owner of the tower, and

(h)      in the case of land in any land use zone (other than a land use zone referred to in paragraph (f) or (g)):

(i)  there is no more than one other wind monitoring tower installed on the lot concerned, and

(ii)  the height of the tower from ground level (existing) to the topmost point of the tower is no more than 26m, and

(iii)  the tower is installed no less than 26m from any dwelling that is not owned or occupied by the owner of the tower, and

(i)       the tower is demolished within 30 months after the construction or installation is completed.

(2)      Development for the purpose of a wind monitoring tower used in connection with the investigation or determination of the feasibility of a wind farm that has a generating capacity of more than 1 MW is exempt development if:

(a)      it complies with clause 20, and

(b)      the tower:

(i)  is erected in accordance with the manufacturer’s specifications, and

(ii)  has a height of not more than 110m, and

(iii)  is removed within 30 months after its erection is completed, and

(c)      the site of the tower:

(i)  is enclosed by a fence that prevents unauthorised entry to the site, and

(ii)  is not within 100m of any public road, and

(iii)  is not within 1km of any other wind monitoring tower or a school, and

(iv)  is not within 1km of any dwelling except with the prior written permission of the owner of the dwelling, and

(v)  is not within 500m of any State heritage item, and

(vi)  does not affect a significant view to or from any such item that is identified in a conservation management plan (as defined by clause 3 of the Heritage Regulation 2005) for the item, and

(d)      before the tower is erected, the Civil Aviation Safety Authority (established under the Civil Aviation Act 1988 of the Commonwealth) is notified in writing of:

(i)  the tower’s “as constructed” longitude and latitude co-ordinates, and

(ii)  the ground level elevation at the base of the tower, referenced to the Australian Height Datum, and

(iii)  the height from ground level (existing) to the topmost point of the tower (including all attachments), and

(iv)  the elevation to the top of the tower (including all attachments), referenced to the Australian Height Datum, and

(v)  the date on which it is proposed to remove the tower.

(3)      Solar energy systems Development for the purpose of a solar energy system is exempt development if:

(a)      it complies with clause 20 (other than clause 20 (2) (f)), and

(b)      in the case of development for the purposes of a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications or by a person who is accredited by the Clean Energy Council for the installation of photovoltaic electricity generating systems, and

(c)      in the case of development for the purpose of any solar energy system other than a photovoltaic electricity generating system—the system is installed in accordance with the manufacturer’s specifications, and

(d)      the system does not involve mirrors or lenses to reflect or concentrate sunlight, and

(e)      in the case of a system that is ground-mounted:

(i)  the total area occupied by the system (together with any other ground-mounted solar energy system on the lot concerned) does not exceed 150m2, and

(ii)  the system has a height of not more than 5m above ground level (existing), and

(iii)  the system is installed no less than 3m from any adjoining property boundary, and

(iv)  if the land contains a State or local heritage item or is in a heritage conservation area—the system is not visible from any road at the point where the road adjoins the property boundary concerned, and

(v)  if the solar energy system is a photovoltaic electricity generating system having the capacity to generate 10kW or more—the system is installed no less than 10m from any dwelling that is not owned or occupied by the owner of the system, and

(f)       in the case of a system that is not ground-mounted:

(i)  the development does not reduce the structural integrity of, or involve structural alterations to, any building to which the system is attached, and

Note.

       The term building is defined in the Environmental Planning and Assessment Act 1979 as including any structure.

(ii)   if the land is in a prescribed residential zone and the system is attached to a wall or roof facing a primary road—the system does not protrude more than 0.5m from the wall or roof (as measured from the point of attachment), and

(iii)     if the land is in a prescribed residential zone and the system is not attached to a wall or roof facing a primary road:

(A)  the system does not protrude more than 1m from any building to which it is attached (as measured from the point of attachment), and

(B)  the system is installed no less than 1m from any adjoining property boundary if the system protrudes more than 0.5m from any building to which it is attached (as measured from the point of attachment), and

(iv)      if the land contains a State or local heritage item or is in a heritage conservation area:

(A)  the system is not attached to any wall or roof of a building facing a primary road, and

(B)  the system does not protrude more than 0.5m from any building to which it is attached (as measured from the point of attachment), and

(v)      the system does not protrude more than 1.5m from any building or structure to which it is attached (as measured from the point of attachment) if the land is in a land use zone other than a prescribed residential zone, and

(vi)     in the case of a photovoltaic electricity generating system—the system has the capacity to generate no more than 10kW.