Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 13 December 2018

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

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

 

 

 

Mark Arnold

General Manager

 


CONFLICT OF INTERESTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure and participation in meetings

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

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

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

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

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

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

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

Non-pecuniary Interests - Must be disclosed in meetings.

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

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

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

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

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

RECORDING OF VOTING ON PLANNING MATTERS

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

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

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

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

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

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

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

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

 


BYRON SHIRE COUNCIL

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

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

6.    Adoption of Minutes from Previous Meetings

6.1       Byron Shire Reserve Trust Committee held on 22 November 2018

6.2       Ordinary Meeting held on 22 November 2018

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

8.1       Establishing a path forward to ensure community management of the newly acquired Old Byron Bay Hospital.............................................................................................................................. 6

9.    Notices of Motion

9.1       Cycle Racks for Mullumbimby......................................................................................... 7

9.2       Proposed Department of Planning approval of North Byron Parklands Cultural Events Site       9

9.3       Funding for Tyagarah beach cameras resolution No. 18-698........................................ 12

10.  Petitions

10.1     Clothes Optional Tyagarah Beach.................................................................................. 16

11.  Submissions and Grants

11.1     Byron Shire Council Submissions and Grants as at 30 November 2018 ...................... 18

12.  Delegates' Reports  

13.  Staff Reports

General Manager

13.1     Proposed lease to Bangalow Community Children's Centre Inc.................................... 20

13.2     Revised Draft Community Engagement Policy.............................................................. 25

13.3     Disaster Dashboard Website........................................................................................... 27

13.4     Road Transport (General) Amendment (Parking Fine Flexibility and Grace Period) Regulation 2018......................................................................................................................................... 31

Corporate and Community Services

13.5     Meeting Schedule 2019................................................................................................... 34

13.6     Review of Mullumbimby Outside School Hours Care Service ..................................... 38

13.7     Investments - 1 November to 28 November 2018......................................................... 41

Sustainable Environment and Economy

13.8     PLANNING - 24.2018.64.1 - Development Control Plan (DCP) 2010 Chapter 17 and 2014 Part A amendments - public exhibition and notification of development applications............... 49

13.9     PLANNING - 26.2016.6.1 - Update on Planning Proposal for The Farm - Voluntary Planning Agreement....................................................................................................................... 54

13.10   Modification of the Jonson Street Protection Works (Main Beach) - Defining Project Objectives......................................................................................................................................... 57

13.11   24.2018.48.1 Amendment to Byron DCP 2014: Chapter D8 - Public Art...................... 60

13.12   Barrio Eatery and Bar - Update on Compliance with Direction to Take Preventative Action       65

13.13   Report of the Planning Review Committee Meeting held on 25 October 2018............. 67

13.14   Draft Byron Residential Strategy.................................................................................... 69

13.15   PLANNING - Strategic Planning Projects Update.......................................................... 75

13.16   Draft Emissions Reduction Strategy - Endorsement for Public Exhibition..................... 78

13.17   PLANNING - 10.2018.237.1 Dwelling House and three swimming pools at 168 Grays Lane Tyagarah......................................................................................................................................... 83

13.18   Update on Voluntary Visitor Fund................................................................................... 98

13.19   Australian Tourism Councils Advocacy Group Update Report.................................... 101

Infrastructure Services

13.20   Open Space and Recreation Needs Assessment and Action Plan.............................. 103   

14.  Reports of Committees

Corporate and Community Services

14.1     Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 1 November 2018............................................................................................................. 110

14.2     Report of the Finance Advisory Committee Meeting held on 15 November 2018...... 113

Sustainable Environment and Economy

14.3     Report of the Biodiversity Advisory Committee Meeting held on 15 October 2018..... 117

Infrastructure Services

14.4     Report of the Local Traffic Committee Meeting held on 22 November 2018.............. 119   

6.1      Events - Anzac Day 2019 - Road Closures in Byron, Mullumbimby, Brunswick Heads, Bangalow   119

6.2      Events - Bangalow Christmas Eve Carnival 2018 - Road Closure. 120

6.3      Events - Ballina to Byron Bay Coastal Charity Walk 26 May 2019. 121

6.4      Events - Byron Bay Bluesfest 2019. 122

6.5      Events - Mullum2Bruns Paddle 2019. 123

6.6      Endorsement of no entry signage associated with driveway crossing under S138 of the Roads Act 124

6.7      Ewingsdale Road Roundabouts - Lane Modifications. 124

6.8      Car Share Scheme - 125

7.1      Bangalow Primary School - Parking, Traffic and School Zone Management 125

7.2      Yelgun Rest Area - Parking for Driver Reviver Volunteers. 125

7.3      Mercato Car Park - Concept Temporary Access. 125

 

15Questions With Notice

Nil   

16.  Confidential Reports

General Manager

16.1     Confidential - Grant of three year lease over 25 Staceys Way Tyagarah known as the Tyagarah Hall to the preferred Respondent.................................................................................. 127

Sustainable Environment and Economy

16.2     Confidential - PLANNING - Byron Arts and Industry Estate Precinct Planning... 128  

 

 

 

 

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

 


BYRON SHIRE COUNCIL

Mayoral Minute                                                                                                                         8.1

 

 

Mayoral Minute

 

Mayoral Minute No. 8.1       Establishing a path forward to ensure community management of the newly acquired Old Byron Bay Hospital

File No:                                  I2018/2298

 

  

 

I move:

 

That Council:

 

1.       Note the effectiveness and success of the old Byron Bay Hospital Community Steering Committee to develop and submit the successful application to the NSW Department of Health to obtain ownership of the old Byron Bay Hospital by the community

 

2.       Work with the steering committee to provide a report that provides recommendations  as to establishing a Community Board to manage the operations within the old hospital site

 

3.       Receive this report at the first Ordinary Council meeting of 2019

 

4.       Write to the Minister of Health, the Hon. Brad Hazard, the local MP, the Hon Tamara Smith and to the Hon. Ben Franklin MP thanking them for their support of the Byron Bay community and for their efforts to ensure the hospital remains a facility of and for the community

 

 

 

Background Notes:

 

Recently, a great outcome for the community resulted from effective, professional, solutions-focused and committed efforts of the old Byron Bay Hospital Steering Committee. With ongoing support from Council, Tamara Smith and Ben Franklin, the committee proved that groups with a common goal can indeed make community outcomes happen.

 

Now that the hospital is to be secured for the community, it is crucial that Council continues its role in enabling the community to manage the site into the future. The steering committee consisted of a broad group of locals who had both the energy and skill to produce a business plan of the highest order, whilst also accurately representing the views and values of the wider Byron Bay community.

 

Council should work with this group to develop an appropriate, transparent and effective governance structure that ensures the activities within the site are financially sustainable, community focused and managed professionally.

 

Definition of the project/task:

Outline a pathway to establish a Community Board to manage the old Byron Bay hospital.

 

Source of Funds (if applicable):

 

None required at this stage.

 

Signed:   Cr Simon Richardson  


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Cycle Racks for Mullumbimby

File No:                                  I2018/2290

 

  

 

I move:

 

That Council allocate $15,000 from S94 funds to manufacture and install cycle racks at various locations in Mullumbimby.

 

Attachments:

 

1        Technical Drawings, E2018/109437  

2        Quote Stainless, E2018/109436  

3        Quote - Steel, E2018/109438  

4        Design Invoice, E2018/109434  

 

 

Signed:   Cr Basil Cameron

 

Councillor’s supporting information:

 

Mullumbimby Chamber of Commerce has undertaken a project to identify a design for cycle racks that reflects Mullumbimby.

 

The Chamber has recommended a design that references Mounts Chincogan and Tincogan.

 

Two quotes have been obtained for the fabrication of four units. Each unit accommodates four bicycles. The preferred median would be stainless steel for its longer life and better wear.

 

Locations have yet to be identified and reference to the ongoing work of the Mullumbimby Masterplan Group is advised in choosing locations.

 

The provisional budget (subject to further advice) is $15,000 as follows.

 

Design                 $   500.00

Fabrication          $5,417.28

Installation           $9,082.72

 

The funds identified for this project are sourced from an ‘old plan’ s94 (now s7.11) account for Civic and Urban Improvements in Mullumbimby. The project is consistent with both Community Solutions Panel and Community Strategic Plan objectives.

 

Recommended priority relative to other Delivery Plan tasks:

 

Community Solutions Panel - Key Consideration 5: We recognise that the development of transport alternative to cars is essential.

 

Community Strategic Plan - 1.3 Support, through partnership, a network of integrated sustainable transport options.

 

Definition of the project/task:

 

Fabricate and install cycle racks for Mullumbimby.

 

Source of Funds (if applicable):

 

S7.11 Mullumbimby Urban and Civic Improvements.

 

Staff comments by Christopher Soulsby Developer Contributions Officer Infrastructure Services:

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

 

The project would be consistent with the Civic and Urban Improvements works program from the 2005 Contributions Plan.  Council still holds funds from this old plan and it would be appropriate to expend these funds on this purpose. 

 

The budget is adequate to do the initial scope, design and site selection. 

 

Additional funds may be required to fabricate and install.  If this is the case then the project budget can be adjusted at the quarterly budget review. 

 

Financial/Resource/Legal Implications:

 

These works can be funded from the Section 7.11 (cf Section 94) Mullumbimby Civic and Urban Improvements account.  There are adequate funds in this account to undertake the works.  This will not adversely impact on Council’s finances. 

 

Is the proposal consistent with any Delivery Program tasks?

 

Item 1.3 of the Delivery Program is to Support, through partnership, a network of integrated sustainable transport options has an action to update the Update Bike Plan and Pedestrian and Access Mobility Plan (PAMP) and Plan and deliver prioritised Pedestrian and Access Mobility Plan (PAMP) facilities .  Consultation on the new Bike Plan and PAMP is underway.  Additional bike racks in the Mullumbimby town centre are consistent with the public feedback undertaken to date.  The delivery of these bike racks is consistent with the delivery program.   


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Proposed Department of Planning approval of North Byron Parklands Cultural Events Site

File No:                                  I2018/2291

 

  

 

I move:

 

1.       That Council does not support an  increase in attendance numbers, event days, or types of festivals beyond what has already been approved; 

 

2.       That Council writes to advise the Department of Planning and the Independent Planning Commission that it does not support DoP’s recommendation for approval of increased and permanent activity in regard to SSD 8169 - North Byron Parklands Cultural Events Site;

3.       That Council advises the IPC that it does not support permanent approval for the following reasons:

·        The current ceiling of 35,000 is already creating serious safety, security, and residential amenity issues.

·        The proposed usage has increased substantially from the 2016 approved modification to allow for more ‘minor community events’ with those 10 additional days now comprising three days of up to 25,000 people, two days for events up to 5,000 people and only 2 ‘minor’ community event days.

·        The Police Report raises additional concerns that have not been adequately addressed in the DOP's Assessment Report, in particular security risks, crowd control and inadequate medical response capacity.

·        An independent review of the wastewater management for the site has shown it to be seriously inadequate and understates the volumes of waste that the site events are likely to generate

·        There is serious concern about the adequacy and the health and safety impacts of the Onsite Sewage Management System -- and the system is based on an assumption that Council’s STPs will take liquid waste from events, which should not be supported.

·        The Office of Environment and Heritage reports that several of the issues raised by the OEH remain unresolved by the applicant.

·        The site remains unsuitable for more and larger events it adjoins Coastal Wetlands, the Billinudgel Nature Reserve and other areas of high value vegetation, which will be deleteriously affected by more people and activity on the site.

 

4.       That Council does not support DOP’s recommendation that Parklands’ self-monitoring of compliance should continue unless it is augmented with strict independent compliance monitoring;

 

5.       That Council reserves the right to be involved in monitoring noise, traffic, and residential amenity issues, and that monitoring needs to be used as part of the Planning Secretary’s ongoing assessment, and

 

6.       That Council’s costs for monitoring should be borne by Parklands.

 

 

 

Signed:   Cr Cate Coorey

 

Councillor’s supporting information:

 

The Independent Planning Commission is holding a community meeting in Ocean Shores on 10 December 2018 in advance of determining the Parklands proposal for permanency on the site. The Department of Planning has recommended approval for the NB Parklands proposal. There are too many issues of serious concern that Parklands has not adequately addressed.  Because of these no approval should be given.

 

See attached docs from submissions to DoP which raise significant issues that are not adequately addressed:

1.       Police Report

2.       GHD reports on wastewater

3.       BSC staff report

4.       OEH report

 

Some key points from the documents

 

From OEH report:

 

•        inadequate consideration and management measures to address known and potential impacts on National Parks and Wildife Service Estate;

•        inconsistencies in the vegetation mapping used in the ecological assessments and Biodiversity Assessment Report;

•        under-estimation of the extent of Endangered Ecological Communities on the development site;

•        failure to include the minimum information requirements for a Biodiversity Assessment Report as specified in the Framework for Biodiversity Assessment; and

•        inadequacies in the Koala Plan of Management.

 

From GHD review of wastewater:

 

Following GHD’s review of the information presented in the Application, discussions with Byron Shire Council and site data collected during the site visit, key issues relating to the Proposal are raised:

·        The irrigation of treated wastewater on a flood plain area is considered a contamination risk on- and off-site.

·        Water demand for the proposal does not account for staff on-site.

·        Water demand for the proposal does not account for any staff and patrons arriving on the day before and leaving on the day following each major event.

·        Proposed discharge volumes are stated to be based on historical data yet are only 49.6% of the stated demand for the Proposal.

·        The discharge values adopted in the proposal are not substantiated.

·        Areas designated for treated wastewater sub-surface discharge, irrigation and compost burial are not proposed to be equipped with infrastructure to control stormwater run-off in case of contamination.

·        Only 49.6% of the proposed Stage 3 annual water demand is accounted for in the proposed wastewater discharge volume and on-site management systems.

·        The wastewater composition for on-site treatment is not substantiated with historic site or other data.

·        Proposed wastewater storage capacity of 2.2 ML will fill on day 4/5 of a large event.

·        Significant reed bed overloading will occur on days 5-7 of a large event with the consequence that chlorine (or UV) treatment will be ineffective.

·        The stated treated water quality for irrigation is considered not to be achievable especially on days 5-7 of a large event.

·        The proposed arrangement allows only for expected year-round average daily flow of 35 kL/day treated wastewater which would theoretically enable two days storage (outside events) in the septic tank and loading of some 1-200 kg BOD/ha.d, on the reed beds which may be suitable. However, BOD monitoring results would need to be confirmed from the proponent and further justification of demand and discharge volumes, before we would be able to regard the acceptability of the system.

·        The proposed disposal of treated wastewater via irrigation on a flood prone area is considered a high risk.

 

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

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

 

Two concurrent applications are proposed for the North Byron Parklands Cultural Events Site.

 

Firstly, a Modification to Concept Approval MP 09_0028 is proposed to allow for changes to patron size and to harmonise the conditions to reflect a permanent cultural events site. Further, development consent is sought under Part 4 of the Act for the permanent use of the North Byron Parklands as a cultural events site for up to 50,000 patrons.

 

Council has made submissions on these applications, raising numerous issues of concern about their potential impact on and off site to the local environment and resident amenity.

 

http://www.majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=8169

 

The NSW Department of Planning and Environment has now completed its evaluation of the State

Significant development application and modification application at the North Byron Parklands Cultural Events site and referred it to the Independent Planning Commission NSW – for determination.

 

The three-member Panel appointed by Chair of the Commission, Professor Mary O’Kane AC, to

determine this state significant development application comprises Professor Richard Mackay AM

(Panel Chair), Mr Andrew Hutton and Ms Catherine Hird.

 

https://www.ipcn.nsw.gov.au/projects/2018/11/north-byron-parklands-cultural-events-site-ssd-8169-and-mp-09-0028-mod-5

 

The assessment report and draft conditions of approval were discussed with Councillors at the SPW 6 December 2018.  Feedback from the SPW informed a staff presentation to the Independent Planning Commission NSW on 11 December 2018.

 

Financial/Resource/Legal Implications:

 

Not applicable

 

Is the proposal consistent with any Delivery Program tasks?

 

Not applicable

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.3

 

 

Notice of Motion No. 9.3     Funding for Tyagarah beach cameras resolution No. 18-698

File No:                                  I2018/2302

 

  

 

I move:

 

That the $10,000 funding required for the Tyagarah Reserve cameras and related signage be

immediately allocated from Council’s unrestricted reserve funds.

 

 

 

Signed:   Cr Alan Hunter

 

Councillor’s supporting information:

 

Council agreed in Resolution No. 18-692 that as a part of the strategy in addressing the inappropriate and lewd behaviour at the beach and in the car park an allocation of $10,000

would be made available from Council’s current budget for the installation of up to 20 battery operated cameras.

 

This Notice of Motion, if passed, enables that to occur without drawing the reserve to below the required $1mil.

 

Staff comments by Manager Open Space and Resource Recovery

 

To resource the management of the cameras, a routine inspection program shall be implemented that includes a weekly visual inspection for identification and rectification of theft or vandalism of equipment and signage. A monthly inspection to confirm functionality will also be required.  This will require a working at heights safety procedure to be implemented.

 

Physical retrieval of footage on request from Authorities is to be undertaken by field staff and provided to Legal Services for processing and actioning of the request.

 

Staff comments by Manager Finance

 

The 2018/2019 Budget currently has a deficit of $10,000 due to resolution 18-709 where Council provided $10,000 for drought relief following consideration of an Urgency Motion to the 18 October 2018 Ordinary Meeting.

 

Should Council approve the recommendation to this Notice of Motion, the budget deficit will increase to $20,000.  The current overall deficit position can be funded by Council’s unrestricted cash balance and will still keep the unrestricted cash balance above Council’s $1,000,000 benchmark for unrestricted cash.  Taking into consideration the current budget position and if the recommendation to this Notice of Motion is approved, this will reduce the unrestricted cash balance to an estimated $1,125,200.

 

Aside from the initial cost of $10,000 for installation of the cameras and related signage, Council should also consider the funding need for ongoing maintenance and resourcing for the retrieval of recorded footage.

 

 

 

 

Staff comments by Legal Counsel

 

Resolution 18-692/7 requires the placement of optical surveillance devices (overt fixed cameras) in the Grays Lane carpark. As is set out below the placement of signage applicable thereto will also be required.

 

The car park is built on NPWS land and is depicted on the GIS aerial below. The land is not registered so there are no Lot & DP numbers. Council’s GIS shows that Grays Lane is a road maintained by Council.

 

cid:image002.png@01D469E2.796207A0

Council has the legal ability to place, operate and maintain the proposed optical surveillance devices (subject to consents) as Council is exempt from the provisions of sections 11 (filming a public place) and 18 (disclosure to the NSW Police Force) of the Privacy and Personal Information Protection Regulation 2005. Council must still comply with the provisions of section 10 by installing signage sufficient to inform a majority of individuals that optical surveillance devices (over fixed cameras) are in operation and, by implication, that personal information is being collected.

Signage must also inform individuals of the purposes for which the information was being collected. It will also be necessary for the signage to clearly identify that the footage is to be disclosed to the NSW Police Force.

 

Section 8 of the Surveillance Devices Act provides that:

 

(1)     A person must not knowingly install, use or maintain an optical surveillance device on or within premises …….., to record visually or observe the carrying on of an activity if the installation, use or maintenance of the device involves:

 

(a)     entry onto or into the premises …….. without the express or implied consent of the owner or occupier of the premises 

 

The Act defines "premises" as including the following:

(a)     land,

(d)     any place, whether built on or not.

 

Council has contacted NPWS seeking consent to allow Council to install, use and maintain optical surveillance devices on premises known as the Grays Lane car park, together with signage on the same premises which advises those entering the car park that:

a)      optical surveillance devices (cameras) are in operation, and

b)      personal information (registration detail and images where anti-social behaviour is occurring) is being collected,

c)      the purpose that the information is being collected is to advance community safety, and that

d)      footage obtained by and recovered from the optical surveillance devices is to be disclosed to the NSW Police Force.

Statutory

As stated above cameras of the type proposed are an optical surveillance device. Their operation is governed by the Surveillance Devices Act 2007.

Regard to and compliance with the Privacy and Personal Information Act 1998 is also obligatory (subject to exemptions).

 

It is mandatory that:

1.       The collection of personal information is for lawful purposes directly related to a function or activity of the agency and is reasonably necessary for that purpose.

2.       The collection of information is not excessive, is accurate, up-to-date and does not intrude to an unreasonable extent on the personal affairs of the individual.

3.       The information is disposed of securely, is protected against loss, unauthorised access, use, modification or disclosure and everything reasonable within the power of the agency is done to prevent unauthorised use or disclosure of the information.

4.       The installation, use and maintenance of optical surveillance devices is with the expressed or implied consent of the person having lawful possession or lawful control of the vehicle or object.

Purpose and objectives of camera installation and operation

 

Under the Local Government Act 1993 (NSW) section 24 of, Council is able to provide goods, services and facilities, and carry out activities, appropriate to the current and future needs of the Byron Shire community and of the wider public, subject to the law. 

 

Assistance with crime prevention is one of Byron Shire Council's functions. Because of this, the cameras’ primary purpose is to assist in the prevention of crimes against the person, including, but not limited to, assault-related offences.

 

Given the cameras’ purpose, its objectives are to:

·        Reduce crime levels by deterring potential offenders.

·        Reduce fear of crime and build community confidence in the safety of the clothes optional beach area.

·        Assist Police in the detection and prosecution of offenders.

·        Help secure a safer environment for community members who live near and visit the clothes optional beach area.

 

Compliance with statutory requirements

 

In order to meet statutory requirements the following minimum provisions will need to be applied to information recorder by the cameras.

 

 

Recording Equipment

 

Access to the cameras and the retrieval of recorded footage will be restricted to authorised Council staff and contractors. 

 

Storage and release

 

All recorded footage will be kept for a maximum of 30 days. After this period, footage will be deleted. Council will be solely responsible for allowing access to recorded material.

 

Police officers will not be permitted to remove any recorded material or have contact with any recorded material at any time other than via a formal request or subject to the execution of a search warrant or other relevant legal process.

 

All NSW Police requests for footage will be registered by authorised Council staff. All copies of recorded footage will be securely stored by Council staff until collection by the request recipient.

 

Authorised members of the NSW Police will also be able to view recorded footage at Council’s administration building for law enforcement purposes. Where NSW Police view recorded footage (whether or not recorded footage is provided to it) authorised Council staff will record the following:

·        The name of the person(s).

·        Their employment position.

·        Contact details.

·        Reasons for viewing the footage.

 

Camera signage

 

Clearly visible signs that cameras are operating will be displayed at each camera location. See comments above.

 

Public awareness

 

Information will be available via Council’s website and through other communications strategies utilised by Council.

 

Complaints

 

General complaints

 

Complaints and inquiries in relation to any aspect of the Code may be made in writing to the General Manager.

 

Complaints to Council will be assessed in accordance with Council’s Complaints Management Policy.

 

Media inquiries will be dealt with by Council’s Media Communications Officer.

 

Privacy complaints

 

In addition to complaining to Council, the Act provides that complaints about privacy violations can be made to the Privacy Commissioner.

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes  


BYRON SHIRE COUNCIL

Petitions                                                                                                                                      10.1

 

 

Petitions

 

Petition No. 10.1         Clothes Optional Tyagarah Beach

Directorate:                 Infrastructure Services

Report Author:           Michael Matthews, Manager Open Space and Resource Recovery

File No:                        I2018/2287

Theme:                         Infrastructure Services

                                      Open Space and Recreation

 

At Council’s Ordinary meeting held on 22 November 2018 Councillor Paul Spooner tabled a petition containing 86 signatures which states:

 

We the undersigned residents of Byron Shire Request Byron Sire council to remove the clothes optional status of Tyagarah Beach due to the ongoing prevalence of sexual misconduct. Safety should be the top priority”

 

Comments from Director Infrastructure:

 

At Council Meeting 18 October 2018, Council resolved the following

 

Resolution 18-698 resolved that Council:

 

1.       Acknowledge the improvement in beach safety at Tyagarah and thank the Safe Beaches Committee, NSW Police and stakeholders.

 

2.       Confirm the current status and area for the clothes optional beach at Tyagarah with 6 monthly reporting to Council on progress.

 

3.       Council establish a Safe Byron Beaches Committee meeting quarterly to cover all beaches and adjacent environs in Byron Shire.

 

4.       The Safe Byron Beaches Committee be established with a constitution and paramount objective to identify and promote cooperative actions to ensure a safe environment for all beach users in Byron Shire.

 

5.       The Safe Byron Beaches Committee membership include representatives from Council, NPWS, Police, naturists and residents and be chaired by a councillor nominated by Council.

 

6.       The nominated Chairperson of the Safe Byron Beaches Committee with the support of Council, consult with stakeholder groups to draft a constitution for endorsement at the November meeting of Council that includes the following key actions

·          Liaise with NSW Police and other agencies

·          Develop rapid response and reporting protocols

·          Implement strategies to support beach user groups and individuals

·          Focus resources on identified problem locations (eg Grays Lane)

·          Consider how digital technologies (eg cameras) can be deployed

·          Draft a positive statement of community values

·          Provide advice to Council

·          Other measures that achieve the paramount objective

 

7.             That Council allocate a budget of $10,000, subject to confirmation of funding being available as part of the 30 September 2018 Quarter Budget Review to be submitted to Council at the 22 November 2018 Ordinary Meeting for the installation of up to 20 battery operated cameras recording vehicle registration and personal behaviour in the reserve.

 

At Council Meeting 22 November a Recession Motion was put forward, calling for the rescission of Resolution 18-689 and if successful moving that.

 

1.    That Council revoke its ‘Clothes Optional Declaration’ within the Tyagarah Reserve.

 

2.    That Council establish a 12 month trial ‘Clothes Optional Declaration’ for the stretch of beach from ‘The Wreck’ north to the walking track south of Beaumonts Beach House.

 

This motion was put to the vote and was not carried.

 

Resolution 18-698 remains active.

 

 

  

 

RECOMMENDATION:

That the petition regarding clothes optional Tyagarah Beach be noted.

 

 

 

  


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

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

Directorate:                 Corporate and Community Services

Report Author:           Anna Vinfield, Manager Corporate Services

File No:                        I2018/2304

Theme:                         Corporate Management

                                      Corporate Services

 

 

Summary:

 

Council has 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 notes the report and attachment (#E2018/110232) for the Byron Shire Council Submissions and Grants as at 30 November.

 

 

Attachments:

 

1        BSC Grants Register at 30 November 2018, E2018/110232  

 

 


 

Report

 

This report provides an update on grant submissions since the last report.

 

Successful Applications

 

·        Byron Bay Surf Club Life Saving Club – Roof Sheeting Replacement & Exterior Painting Works, Stronger Country Communities Fund, Department of Premier and Cabinet

 

Submitted

 

·        Byron Bay Bypass, Building Better Regions Fund, Commonwealth Department of Industry, Innovation and Science

·        Develop governance models to facilitate the delivery of housing, Building Better Regions Fund, Commonwealth Department of Industry, Innovation and Science

 

Additional information on the grant submissions is provided in Attachment 1 – Submissions and Grants report as at 30 November 2018.

 

Financial Implications

 

If Council is successful in obtaining the identified grants, more than $13 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

13,869,743

Council cash contribution

4,814,356

Council in-kind contribution

121,857

Other contributions

8,730,545

Funding applications submitted and awaiting notification (total project value)

27,536,501

 

 

Statutory and Policy Compliance Implications

 

Under Section 409 3(c) of the Local Government Act 1993 Council is required 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           Proposed lease to Bangalow Community Children's Centre Inc

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2018/2117

Theme:                         Corporate Management

                                      Corporate Services

 

 

Summary:

 

Part of Lot 38 DP 262183, 1 Raftons Road Bangalow, is Council owned land classified as community land. The land is currently leased to the Bangalow Community Children’s Centre (‘the Pre-School’) to provide early childhood education and care services to the Bangalow community. 

This report recommends that Council consider offering two successive five (5) year leases to the Pre-School commencing on 1 May 2019 and 1 May 2024.

 

The Plan of Management for Lot 38 DP 262183 categorises the land as a park and expressly permits the granting of a lease up to 21 years.  A lease to the Pre-School for the purpose of early childhood education and care services is consistent with the use of the land for a facility that promotes social and educational pursuits for children aged 0-5.

 

This report recommends that Council provides financial assistance to the Pre-School by:

a)      Providing subsidised rent to the Pre-School; and

b)      Fully subsidising the cost of annual general land rates payable on the unimproved capital value of the land.

 

To ensure Council’s building asset is maintained over the term of each lease, Council staff recommend that each lease places an obligation on the Pre-School to replace or repair all non-structural building defects identified in building audits obtained prior to commencement of each lease.

 

 

  

 

RECOMMENDATION:

That Council, authorise the General Manager, to negotiate two new successive leases with the Bangalow Community Children’s Centre as follows:

         

a)      for a term of five (5) years for each lease;

b)      annual rent be initially set at the value of minimum Crown and thereafter increased by CPI all groups Sydney for the term of each lease;

c)      all lease preparation costs and registration costs to be met by the Lessee;

d)      the Lessee pay all outgoings other than annual general land rates;

e)      all maintenance to be carried by the Lessee at the Lessee’s cost; and

f)       the lessor provide subsidised rent to the value of market rent as calculated at 6% of           the lands Unimproved Capital Value less rent payable by the Pre-School set at the           value of minimum Crown rent.

 

 

 

 

 

 


 

Report

 

Community Land and Plan of Management:

 

Lot 38 DP 262183, 1 Raftons Road Bangalow is Council owned land classified as community land and categorised as a park.

 

The adopted Generic Plan of Management for Community Land Categorised as a Park (‘POM’) guides the management and development of the land. The POM expressly permits Council to lease the land for a term not greater than 21 years for purposes consistent with the core objectives of land categorised as a park. 

 

The provision of non-sporting facility that provides for passive or active recreation or the promotion of social, educational and cultural pursuits, without undue intrusion of others users of the land is core objectives for which a lease may be granted. 

 

Council acknowledged in its Children’s Services Policy that significant social gain to individuals and families is derived from inclusive access to quality early childhood education and care. A lease to the Bangalow Community Children’s Centre (the Pre-School) for the purpose of early childhood education and care is consistent with the use of the land for a facility that provides social and educational pursuits to children aged 0- 5 years.

 

The Proposed Lease:

 

To ensure ongoing equitable access to pre-school services in Bangalow, the Pre-School, a registered charity (30 799 104 148) and approved children’s care provider (PR-00003849) has requested a long-term lease.  A long-term lease will provide the Pre-School with the security to apply for applicable grant funding. 

 

Council staff recommends that two successive five (5) year leases commencing 1 May 2019 and 1 May 2024 respectively are offered to the Pre-School.  The requirement of two successive five year leases, instead of one ten year lease, overcomes constraints imposed by the NSW Land Registry Services.  A lease for a term greater than five years requires a subdivision of the land so that the leased area is within its own lot and deposited plan. A lease for a term of no more than five years only requires a compiled plan to enable the lease to be registered on the land parcel.

 

Council may only grant successive leased terms to a maximum term of 21 years. The proposal to grant two successive five (5) year leases is expressly authorised by the POM.

 

Subsidies:

 

a)   Rent:

 

Council’s Children’s Services Policy provides that Council will continue to support community pre-schools in the Shire by the provision of land and/or buildings for the delivery of services to children aged 3 – 5 years at nominal costs to the pre-school.

 

As a result, this report recommends that Council subsidise rent to the Pre-School in accordance with the following calculations at commencement of each lease term:

i.    Market rent is calculated at 6% of the Unimproved Capital Value (UCV) of the land;

ii.    Rent payable by the Pre-School is set at the value of minimum Crown rent as determined by clause 38 of the Crown Lands Management Regulations 2018 (NSW) and thereafter increased annually by CPI all Groups Sydney for the term of the lease; and

iii.   Council subsidise rent to the value of Market rent less minimum Crown Rent (exclusive of GST).

b)   General Land Rates:

 

Council’s Policy 12/008 Section 356 Donations, Rates, Water and Sewerage Charges provides for financial assistance donations by Council to eligible not for profit organisations to cover general rates, fixed water and sewerage charges in accordance with section 356 of the Local Government Act 1993 (NSW). 

 

This report recommends that Council provide financial assistance to the Pre-School to cover 100% of the cost of annual general land rates payable on the unimproved capital value of the land with all other outgoings payable by the Pre-School.

 

Direct negotiation:

 

A proposed lease for a term of five (5) years or less need not be granted by a tender in accordance with section 46A(3) of the Local Government Act 1993 (NSW). 

 

Council staff consider because the value of the lease, as determined by the rent payable by the Pre-School, is relatively low compared to the cost of conducting a tender process, Council is permitted to directly negotiate with the Pre-School in this instance.

 

Asset maintenance:

 

To ensure ongoing maintenance of Council’s asset, all non-structural building defects identified in a relevant building audit will be listed in the lease with an obligation on the Lessee to repair. To ensure all listed defects are repaired, the Lessee must report annually to Council by 31 December on all repairs completed.

 

Financial Implications

 

This report is proposing that Council provides subsidised rent under the lease to the value of $20,570 for year one of the lease with the Pre-School to pay the value of minimum Crown rent currently $490 (exclusive of GST). 

 

Total rent over the term of the lease is $2,450 plus annual CPI increases.

 

The Pre-School must pay all outgoings except the value of annual general land rents payable on the unimproved capital value (‘UCV’) of the community land.

 

Statutory and Policy Compliance Implications

 

s46A   Means of granting leases, licences and other estates

(1)      A plan of management is to specify, in relation to the community land to which it applies, any purposes for which a lease, licence or other estate may be granted only by tender in accordance with Division 1 of Part 3.

(2)      Nothing in this section precludes a council from applying a tender process in respect of the grant of any particular lease, licence or estate.

(3)      A lease or licence for a term exceeding 5 years may be granted only by tender in accordance with Division 1 of Part 3, unless it is granted to a non-profit organisation.

 

s47A Leases, Licences and other Estates in respect of Community land Term of 5 Years of 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.

 

s47   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.

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.2

 

 

Report No. 13.2           Revised Draft Community Engagement Policy

Directorate:                 General Manager

Report Author:           Annie Lewis, Media and Communications Coordinator

File No:                        I2018/2288

Theme:                         General Manager

                                      General Manager

 

 

Summary:

                                      The purpose of this report is to present the feedback from the submissions received from the exhibition Revised Draft Community Engagement Policy (E2018/67564).

 

  

 

RECOMMENDATION:

That Council adopt the Community Engagement Policy E22018/67564.

 

Attachments:

 

1        Draft Revised Community Engagement Policy, E2018/67564  

 

 


 

Report

 

The Draft Revised Community Engagement Policy was placed on public exhibition in September 2018 for four weeks, finishing on 22 October.  The Draft Policy is an update of an existing Community Engagement Policy, with Council’s Community Roundtable providing input to the new document. 

 

The Draft Policy also reflects work being undertaken by Council on the ‘Byron Model’ of deliberative democracy and notes the results of this process, and will be incorporated into the Policy, when that project is completed. This work will commence in February 2019 and will be build on this policy and work with randomly selected citizens, stakeholders and Councillors to build a better Byron model of representative, deliberative and trusted democracy.  Council will ‘co-design’ the Byron Model in partnership with the community members and stakeholders and once designed, the model will provide a framework for how Council makes public decisions and how community are engaged in the process.

 

Also to be incorporated into the Policy when more details are known, is information about the use of Community Participation Plans which relate to the implementation of changes to the NSW Environmental Planning and Assessment Act.

 

Only one response was received (via email) with the following comments relating directly to the Draft Revised Community Engagement Policy:

·        The IAP2 spectrum is very useful for understanding engagement options.

·        Community Participation Plans may help to facilitate community involvement in DA assessment.  Currently community engagement is reactive, time consuming and sometimes costly – especially when litigation is invoked.

·        The Engagement Matrix checklist items for the Involve and Collaborate engagement levels don’t seem to be clearly defined per level – unless they are the same.

·        For collaborative engagements it could be worth including a brief statement on governance, such that decisions made at group meetings will be minuted, together with the key points of debate that led to the decision. If voting, the names of movers and seconders are recorded.  Minutes need only be in point form and should ideally be distributed within a couple of days of the meeting but one -week maximum.

 

With respect to the feedback Council is committed to the IAP2 Public Participation Spectrum for community engagement and participation and the engagement matrix checklist is widely used both nationally and internationally although formatting changes according to organisational preferences.

Details regarding the use of Community Participation Plans as required by the NSW Government will be incorporated into the Community Engagement Policy when finalised.

 

Acknowledging the point about collaborative engagements, things like governance, decision-making etc. are normally agreed upon by the groups involved, and reflect the nature and purpose of the group; therefore the Draft Revised Community Engagement Policy should not be too prescriptive.

 

It is recommended that the Draft Revised Community Engagement Policy be adopted without change. 

 

Financial Implications

 

Nil.

 

Statutory and Policy Compliance Implications

 

Nil.


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.3

 

 

Report No. 13.3           Disaster Dashboard Website

Directorate:                 General Manager

Report Author:           Stephanie Marchant, Web & Digital Content Officer

File No:                        I2018/2294

Theme:                         General Manager

                                      General Manager

 

 

Summary:                   

 

At the Council meeting in October 2018 Councillor Lyon, through a Notice of Motion, requested a report on the options and associated costs for the implementation of a disaster dashboard website. 

 

The Resolution adopted by Council is below:

 

18-693 Resolved that Council receive a report on options and associated costs for the implementation of a disaster dashboard website and an update on community-led initiatives to enhance resilience to disasters, e.g. community action teams”

 

The following report and attachment provide information on what other councils in the Northern Rivers are doing, and options for the Byron Shire Council.

 

 

  

 

RECOMMENDATION:

1.       That Council develops and tests a prototype of an Emergency Dashboard using the           Open Cities CMS platform that currently hosts the Council website.     

 

2.       That the prototype be demonstrated to Councillors at a Strategic Planning Workshop in March 2019.

 

Attachments:

 

1        Disaster Dashboard Investigation, E2018/109758  

 

 


 

Report

 

During the October meeting of Council, a notice of motion was debated and adopted calling on Council to investigate the development and delivery of an emergency, or “disaster” dashboard for the Byron Shire.

In order to investigate a possible solution, the content and functionality used in dashboards created by nearby councils in New South Wales and Southern Queensland has been assessed – including Lismore City Council, Logan City, and the City of Gold Coast.

Recommendations for best practice approaches to communication in emergency and disaster and emergency situations as advised by the Red Cross have been considered when investigating options for the dashboard. Staff from Tweed Shire Council and the Office of Emergency Management were consulted in relation to developing and delivering dashboards in Local Government Areas.

Any enhancements or additions made to the functionality or content on the Byron Shire Council website needs to be made as part of an overall emergency management and communications strategy. This report only considers approaches to enhancing online information.

 

Noting some councils in NSW have, or are developing, disaster dashboards, the NSW Office of Emergency Management suggests promoting consistent messaging and communications across councils. 

 

Port Stephens, Central Coast, Newcastle, Northern Beaches are working together and looking at having a ‘Get Ready’ tab (with information provided by the Office of Emergency Management) on their Disaster Dashboard.

 

In the Northern Rivers, Lismore, Kyogle and Richmond Valley Councils are working together to deliver Get Ready messaging on their disaster dashboards.

 

Given that Tweed and Byron Shire Councils are working together on an emergency management plan, and Tweed Shire Council is developing a disaster dashboard, it would be advantageous for any Byron Shire Council dashboard or website to deliver the same messaging.

 

Tweed Council has offered to work with Byron’s Website and Digital Content Officer to promote common messages across the LGAs.

 

The attachment contains several case studies of disaster dashboards – Logan City and Lismore City Council.

 

Options for a Byron Shire Emergency Dashboard

 

Two options have been identified for the development of a Byron Shire Emergency Dashboard.

 

1.       Use the Open Cities CMS to deliver a dashboard in the form of a ‘subsite’

 

            Advantages

-           Byron Shire Council is currently using the Open Cities CMS for our website and hosting.

-           Server security and cloud hosting are included in our contract agreement. Open Cities are therefore responsible for maintaining hosting infrastructure, applying security updates and ensuring server uptime in the event of high traffic to the site.

-           Our contract with Open Cities allows us to create a sub-site to house the Emergency Dashboard – in the form of a landing page based on those created by Tweed Shire Council (and Logan and Lismore) at no additional fee.

-           A developer at Open Cities has advised the information on the Tweed Shire Council dashboard could generally be replicated.

-           As Byron Shire Council owns the domain name currently used for the Byron Shire Council website, IT can set up a subdomain for the site: https://disaster.byron.nsw.gov.au. The subdomain can be used for the subsite.

-           Open Cities will also provide development support. 

-           A custom workflow can be created and access granted to multiple staff in the event that multiple content authors need to be able to access the site at various times – for example out of hours.

 

Disadvantages

-           Open Cities doesn’t host external applications or support custom development work.

-           There is a risk that any changes made to the Open Cities framework may break custom builds. If so, issues would need to be debugged and fixed by Byron Shire Council or the developer employed to build the dashboard.

-           If a ticket is logged with Open Cities for support, a fee of $200 per hour for Developer resources applies.

-           The only other risk is the possibility that the look of the Byron Shire Council’s dashboard may be different depending on the level of customization achievable in the platform.

 

Cost

 

If the dashboard is developed as a subsite using the Open Cities CMS and existing staff resources are utilised, development costs will only be incurred if changes made are outside the scope of our contract. If developer resources are required from Open Cities, a fee of $200/hour applies.

 

A small fee may apply for the purchase of a subdomain.

 

2.       Developing a custom web application

 

Advantages

 

-           Tweed Shire Council has offered to share the code they have developed (based on Lismore’s dashboard) to aid Byron Shire Council in the development of an emergency dashboard.

-           Sharing code would ensure consistency of ‘look and feel’ across the various dashboards.

-           The sharing of code would mean limited time spent customizing the dashboard for Byron Shire Council’s purposes.

 

Disadvantages

 

-           Byron Shire Council does not have an in-house developer and an external supplier would need to be employed to deliver the customised dashboard.

-           Byron Shire Council would need to go through a procurement process to obtain quotes for an external vendor or supplier to deliver the dashboard.

 

-           Byron Shire Council would potentially need to set up server infrastructure – ensuring security and the ability of the server to withstand a high volume of traffic (load) in the event of an emergency situation.

-           The process of updating the content on the dashboard would require a developer resource

-           Options for applying workflow for multiple staff members to update the site outside of
hours would be limited and difficult to implement.

-           Byron Shire Council would also need to obtain a quote for a vendor to supply out of hours support and ongoing maintenance to the platform if required.

Cost

A quote will need to be obtained by an external developer and/or vendor for the supply of development work, hosting, security, maintenance, trouble shooting and on-call availability in the time of emergencies. A subdomain will also need to be purchased - which may attach a small fee.

 

Conclusion

 

Should Council decide to build an Emergency Dashboard it is recommended that a prototype be developed using the Open Cities CMS:

·        We are already in a contract agreement with Open Cities. The contract includes hosting and secure cloud infrastructure

·        We are able to set up a subsite in Open Cities CMS leveraging existing functionality with a subdomain (set up by IT) applied

·        If a prototype is achievable and approved, the dashboard can be published on the Open Cities CMS more easily, with support from Council Staff

·        Council doesn’t need to go through a procurement process to engage another developer or vendor

Financial Implications

 

Potential cost implications are provided under each option within the report.

 

Statutory and Policy Compliance Implications

 

Not applicable.

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.4

 

 

Report No. 13.4           Road Transport (General) Amendment (Parking Fine Flexibility and Grace Period) Regulation 2018

Directorate:                 General Manager

Report Author:           Ralph James, Legal Counsel

File No:                        I2018/2316

Theme:                         General Manager

                                      General Manager

 

 

Summary:

 

Councils across NSW have, for the first time, been provided flexibility to lower the most common parking fines from 1 March 2019.

In 2018 the NSW Government undertook a review of all fines, except those that may impact road safety, and investigate fixing confusing parking signs.

This meant that from 1 July  2018 a number of $112 penalties were reduced to $80 in areas the State Government polices.

As the State Government issues only 10 per cent of fines, Councils are now being invited to follow suit. Legislation was foreshadowed to allow greater flexibility.

A letter was received from the Treasurer on 3 December 2018.

 

  

 

RECOMMENDATION:

That Council

 

1.       Note the terms of the letter from the Hon Dominic Perrottet MP Treasurer for NSW

 

2.       Determine whether Council should opt in to charge lower parking fine amounts of $80 for nominated parking offences.

 

 

Attachments:

 

1        Letter from NSW Treasurer, E2018/111663  

 

 


 

Report

 

Councils across NSW have, for the first time, been provided flexibility to lower the most common parking fines from 1 March 2019.

In 2018 the NSW Government undertook a review of all fines, except those that may impact road safety, and investigate fixing confusing parking signs.

This meant that from 1 July 2018 common $110 penalties were reduced to $80 in areas the State Government polices.

As the State Government issues only 10 per cent of fines, Councils are now being invited to follow suit. Legislation was foreshadowed to allow greater flexibility.

That legislation became the Road Transport (General) Amendment (Parking Fine Flexibility and Grace Period) Regulation 2018.

NSW Treasurer Dominic Perrottet indicated that he would write to every council in NSW to advise them of their ability to reduce their parking fines following recent changes to regulations first flagged in the 2018-19 NSW budget.

The Treasurer’s letter was received by Council on 3 December 2018 and is provided at Attachment 1.

The object of the Regulation is to extend a recent reduction in the penalty for certain parking offences under the Local Government Act 1993 and the Road Rules 2014 so that it also applies to penalty notices issued on behalf of councils.

 

The reduction of penalty, from $112 to $80, will only apply if the relevant Council has opted to participate in the scheme involving lower penalties.

 

If a Council has not opted to participate, the higher penalty of $112 will continue to apply to penalty notices issued by its enforcement officers in relation to the relevant offences.

 

The initial opt in date is 1 January 2019 with implementation from 1 March 2019. Further opt in dates are 1 April 2019 for 1 June 2019 implementation, 1 July 2019 for 1 September 2019 implementation and 1 October 2019 for 1 December 2019 implementation.

 

Thereafter opt ins can occur annually on 1 April 2020 for implementation on 1 July 2020 and 1 April 2021 for implementation on 1 July 2021.

 

Councils who opt in can also opt out on an annual basis.

 

The ten most common parking fines to be reduced to $80:

·           Park continuously for longer than permitted

·           Park without current ticket displayed

·           Park after ticket expired

·           Stand vehicle in an area longer than allowed

·           Stop in the restricted parking area

·           Park after meter expired

·           Not stand a vehicle in marked parking space

·           Remain in ticket-operated loading zone after ticket expired

·           Park without current loading zone ticket

·           Park without paying meter fee

 

 

 

The Regulation also provides for a grace period of 10 minutes which will apply to paid parking of at least one hour, where a coupon or ticket is purchased for the hour immediately before the grace period commences. This part of the regulation comes into force from 31 January 2019.

 

The grace period does not apply to free parking or where paid parking is at a meter

 

Financial Implications

 

In the 2017/2018 financial year Council issued 4,944 infringements for offences which are now included within those where fines are proposed to be reduced.

 

On 2017/2018 figures a $32 reduction in fine amounts would see Council’s general revenue reduced by approximately $158,200 annually.

 

Whilst the issue of fines are not for the purposes of generating revenue to support Council operations but for regulation of parking, should Council opt in to reduce the parking fines as indicated in this report, the impact for 2019/2020 financial year will be estimated at $79,100 and $158,200 from 2020/2021 onwards based on 2017/2018 fines levels.

 

Should Council endorse the reduction in fines, the projected revenue loss will need to be absorbed or recovered by alternate means given current Council budgets are based on fine revenue with no proposed fine reduction.

 

Statutory and Policy Compliance Implications

 

The Road Transport (General) Amendment (Parking Fine Flexibility and Grace Period) Regulation 2018 can be found at:

 

https://www.legislation.nsw.gov.au/regulations/2018-658.pdf

  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.5           Meeting Schedule 2019

Directorate:                 Corporate and Community Services

Report Author:           Mila Jones, Corporate Governance Coordinator

File No:                        I2018/1914

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

This report outlines the proposed schedule of dates, times, and places for Council’s Ordinary Meetings, Strategic Planning Workshops, Advisory Committees and Panels in 2019. New separate Planning Meetings are recommended.

 

The schedule is based on discussions held during the Strategic Planning Workshop on 8 November 2018. An alternative schedule has been provided at Attachment 2 that does not include Planning Meetings.

 

  

 

RECOMMENDATION:

1.       That Council trials for a period of 12 months the following schedule of Ordinary Meetings, Planning Meetings and Strategic Planning Workshops (SPW) for 2019:

 

Date (2019)

Meeting/Workshop

(Thursday)

7 February

SPW

21 February

Planning

28 February

Ordinary

7 March

SPW

21 March

Planning

28 March

Ordinary

4 April

SPW

11 April

Planning

18 April

Ordinary

2 May

SPW

16 May

Planning

23 May

Ordinary

6 June

SPW

20 June

Planning

27 June

Ordinary

1 August

SPW

15 August

Planning

22 August

Ordinary

5 September

SPW

19 September

Planning

26 September

Ordinary

3 October

SPW

17 October

Planning

24 October

Ordinary

7 November

SPW

21 November

Planning

28 November

Ordinary

5 December

SPW

12 December

Ordinary and Planning

 

2.       That Council adopts the following schedule of Advisory Committee and Panel meetings for 2019 (at a minimum):

 

Meeting

Date (2019)

Advisory Committees

Arakwal Memorandum of Understanding
(Thursday)

31 January

30 May

12 September

Audit, Risk and Improvement 
(Thursday)

14 February

30 May

29 August

10 October*

Finance
(Thursday)

14 February

9 May

8 August

14 November

Transport and Infrastructure
(Thursday)

14 February

13 June

10 October

Water, Waste and Sewer
(Thursday)

31 January

13 June

10 October

Byron Shire Floodplain Risk Management

(Thursday)

 

31 January

13 June

31 October

Biodiversity
(Monday)

11 February

10 June

11 November

Sustainability and Emissions Reduction

(Thursday)

14 March

8 August

31 October

Panels

Coastal Estuary Catchment
(Thursday)

14 March

8 August

31 October

Communications
(Thursday)

14 March

29 August

31 October

Heritage
(Thursday)

9 May

29 August

14 November

Public Art
(Thursday)

9 May

12 September

14 November

Strategic Business
(Thursday)

31 January

30 May

29 August

 

3.       That Council endorses the following schedule of Planning Review Committee meetings for 2019:

 

Planning Review Committee

Thursday 4.30pm

14 February

14 March

9 May

13 June

8 August

12 September

10 October

14 November

 

4.       That Council endorses the following schedule of Local Traffic Committee meetings for 2019:

 

Local Traffic Committee

Tuesday 10.30am

29 January

12 March

14 May

30 July

10 September

12 November

 

5.       That the Ordinary Meetings be held in the Council Chambers, Mullumbimby with a start time of 9.00am.

 

6.       That the Planning Meetings be held in the Council Chambers, Mullumbimby with a start time of 11.00am, following site inspections which will be held at 9.00am on the day of the Planning Meeting.

 

7.       That should the trial be adopted the Code of Meeting Practice be amended to reflect the adopted meeting schedule and times.

 

Attachments:

 

1        Council Meeting Matrix 2019 - Including Planning Meeting, E2018/107515  

2        Council meeting matrix 2019 - No Planning Meeting, E2018/83598  

 

 

Report

 

At the November Strategic Planning Workshop officers discussed the proposed Council Meeting schedule for 2019 and provided the option of holding separate Planning Meetings.  This is based on the length of Ordinary Meetings and offered a solution to spread the meeting agenda over two days. 

 

The proposed meeting schedule is based on the feedback received at the Strategic Planning Workshop, including:

 

·     The revised schedule (to accommodate a separate meeting for Planning matters) will be trialled for 12 months from 2019

·     Site inspections to be held on the morning of the Planning Meeting from 9.00am

·     One Planning meeting to be held monthly (other than recess periods) and will commence at 11.00am with 30 minutes of Public Access and only for items on the agenda

·     One Ordinary Meeting will be held per month (other than recess periods) and will commence at 9.00am as per usual

·     There will be no SPW on 24 January

 

The full calendar view of the schedule has been included at Attachment 1.

 

The meeting schedule for 2019 has also been prepared with consideration to events, such as public holidays and conferences and allows for the fairest distribution of time for Advisory Committee and Panel Meetings. Noted impacts are:

 

·     The ANZAC Day Public Holiday on 25 April has reduced the number of Thursdays and therefore no committee or panel meetings have been able to be scheduled for that month

·     The 2019 National General Assembly of Local Government is scheduled to be held from 16-19 June 2019 in Canberra. Although there is no meeting during this time, there is a Planning Meeting scheduled for the day after the Assembly

·     The LGNSW Annual Conference 2019 is scheduled to be held from 14-16 October 2019 at Warwick Farm. Although there is no meeting during this time, there is a Planning Meeting scheduled for the day after the Conference

·     Due to the addition of the Planning Meeting each month, the number of available Thursdays for Advisory Committee and Panel Meetings has been reduced and therefore provides for three meetings per year each (Finance Advisory and Audit, Risk and Improvement have four meetings due to financial statement and budget requirements). Should extra meetings be required, members can nominate additional dates throughout the year.

·     Although not an impact as such, it should be noted that the Biodiversity Committee Meetings have been scheduled on Monday at 3.15pm in line with member requirements for 2018.

 

An alternative schedule has been provided at Attachment 2 that does not include Planning Meetings.

 

Financial Implications

 

There are no financial implications with this meeting schedule.

 

Statutory and Policy Compliance Implications

 

Council’s Code of Meeting Practice will require amending to reflect the adopted meeting schedule should this 12 month trial go ahead. 

 

Various sections of the Local Government Act 1993 apply to meeting dates. Section 9 notes that a council must give notice to the public of the times and places of its meetings, Section 365 notes that Council is required to meet at least 10 times each year, and Section 367 outlines the required notice period of business papers for Councillors.

 

The full regulation is available at http://www5.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/ 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Review of Mullumbimby Outside School Hours Care Service

Directorate:                 Corporate and Community Services

Report Author:           Danielle Layton, Childrens' Services Coordinator

File No:                        I2018/2179

Theme:                         Corporate Management

                                      Children's Services - Other Children's Services

 

 

Summary:

 

This report provides information on the enrolments for the Mullumbimby Outside School Hours Care (OSHC) after the service changed location from a basement to a dedicated classroom. 

 

 

  

 

RECOMMENDATION:

1.       That Council notes the increase to enrolment numbers from 4.85 to 6 children per day for After School Care

 

2.       That Council notes the commitment and support from the Principal of Mullumbimby Public School to provide OSHC services at the school

 

3.       That Council renews its Department of Education Licence for a further period of 12 months from 1 January 2019, and continues to work with Mullumbimby Public School and other schools in the local area to grow enrolments

 

Attachments:

 

1        Mullumbimby OSHC Room photos, E2018/107644  

 

 

 

Report

 

Council is licenced by the NSW Department of Education to provide three Outside School Hours Care (OSHC) services within the Shire. These services are delivered at:

 

·   Byron Bay Public School – licenced 25 places OSHC & 50 Vacation Care

·   Brunswick Heads Public School – licenced 25 places OSHC & 50 Vacation Care

·   Mullumbimby Public School – licenced 20 OSHC & 40 Vacation Care

 

Services operate from 2:30pm-6pm during school term. Vacation Care services are provided during the school holiday periods and operate from 8am-6pm.

 

The Licence for Mullumbimby OSHC expires on 23 December 2018.

 

Council’s children’s services operate under the National Quality Framework (NQF). The National Quality Standard (NQS) is a key aspect of the NQF and sets a high national benchmark for early childhood education and care, and outside school hours care services in Australia. The Mullumbimby service is due to go through Assessment and Rating under the NQS.

 

Enrolments at the Mullumbimby Service have been low for a number years. Given the low enrolment numbers, a review of the Mullumbimby Service was provided to the October 2017 Ordinary Meeting and detailed a range of strategies aimed at improving enrolment numbers. Enrolment statistics for the years 2015- 2018 detailed in the table below.

 

Table 1 – Enrolment Statistics

 

Mullumbimby OSHC

Average Children per day in ASC

2015

4.2

2016

4.3

2017

4.85

2018

6

 

In 2018 occupancy has slightly increased. This is due to the Principal providing a dedicated classroom for OSHC. The classroom has been set up to meet the National Regulations and National Quality Standards. It is safe and inviting place for the children to play each day. Photos are provided at attachment 1.

 

As a result of the review, Council staff continue to work with the Principal of Mullumbimby Public School to address concerns in relation to the viability of the service. The Principal acknowledges the importance of the service to families and the school community and has offered to support the continuation of the service in the following ways in 2019 as per the current 2018 agreement:

 

·   Provision of a dedicated classroom to 31 December 2019

·   Dedicated full page promotional space in the school newsletter twice per term in addition to the current weekly advertisement

·   Waive the annual lease fee of $3,000 for the use of the classroom space  

·   Support grant applications for a demountable building onsite to house OSHC services

 

In the interests of continuity of care, the Manager Social and Cultural Planning has negotiated a month-to-month licence with the Department Education & Training until the outcome of the December Ordinary Meeting is known. Families have been advised that the Mullumbimby service will provide vacation care in January 2019. There will be further communication to parents about service continuation prior to 21 December (the end of term 4) 2018.

 

Given the tightening of legislative requirements in the children’s services sector, and changes to family payments, it is considered timely to undertake a full review of children’s services to ensure that Council continues to provide the highest level care to children and their families at both the Outside School Hours Care service centres and at Sandhills Early Childhood Education Centre. It is anticipated that this will take place over the next 12 months with a report to Council once concluded.

 

Consultation

 

The children’s services team continues to consult with the school community in relation to the provision of high quality children’s services

 

Financial Implications

 

Fee per day per child - $25 afterschool Care. $50 Vacation Care

 

One off annual grant of $10,500 for Rural Community Support from DEC

 

Occupancy needs to be at 9 children on daily basis to break even with two staff members.

 

 

Table 2 – Income and Expenditure comparison by financial year

 

 

Income and Expenditure for 2017/18 and 2018/19 (to date) includes an increase in income from additional enrolments and an increase in expenditure for salaries and on costs due to an additional staff resource for Child Protection purposes. All children’s services must be compliant with the 1998 Child Protection Act. Having two educators is best practice, although not currently required under the NSW regulation. After reviewing the child protection risk to Council, it was agreed that two staff members should be rostered on at all times at all OSHC services.

 

Statutory and Policy Compliance Implications

 

Children and Young Persons (Care and Protection) Act 1998

Education and Care Services National Law Act 2010

Education and Care Services National Regulations & National Quality Standards

Children’s Services Policy 2018

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Investments - 1 November to 28 November 2018

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2018/2295

Theme:                         Corporate Management

                                      Financial Services

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the period 1 November to 28 November 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 28 November 2018 be noted.

 

 

 


 

Report

 

In relation to the investment portfolio for the period 1 November to 28 November 2018, Council has continued to maintain a diversified portfolio of investments. At 28 November 2018, the average 90 day bank bill rate (BBSW) for the month of November was 1.94%. Council’s performance to 28 November 2018 is 2.76%. This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits, bonds and purchasing floating rate notes with attractive interest rates.

 

The table below identifies the investments held by Council as at 28 November 2018:

 

Schedule of Investments held as at 28 November 2018

 

Purch Date

Principal ($)

Description

CP*

Rating

Maturity Date

No Fossil Fuel 

Type

Interest Rate Per Annum

Current Value

24/03/17

1,000,000

NAB Social Bond (Gender Equality)

Y

AA-

24/03/22

N

B

3.25%

1,017,387.17

15/11/18

980,060

NSW Treasury Corp (Green Bond)

N

AAA

15/11/28

Y

B

3.00%

980,060

20/11/18

1,018,290

QLD Treasury Corp (Green Bond)

N

AA+

22/11/24

Y

B

3.00%

1,018,290

28/10/16

650,000

Teachers Mutual Bank

Y

BBB+

28/10/19

Y

FRN

3.17%

655,144.56

 

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

30/08/18

500,000

Bank Australia Ltd (Sustainability Bond)

Y

BBB+

30/08/21

N

FRN

3.20%

500,000.00

30/05/18

1,000,000

AMP Bank

Y

A

25/02/19

N

TD

2.80%

1,000,000.00

08/06/18

2,000,000

ME Bank

Y

BBB

07/12/18

Y

TD

2.84%

2,000,000.00

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

Y

NR

18/12/18

Y

TD

2.90%

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

01/08/18

1,000,000

Defence Bank

Y

BBB

30/01/19

Y

TD

2.75%

1,000,000.00

03/08/18

2,000,000

AMP Bank

N

A

30/01/19

N

TD

2.80%

2,000,000.00

06/08/18

2,000,000

NAB

N

AA-

05/01/19

N

TD

2.67%

2,000,000.00

07/08/18

1,000,000

Gateway Credit Union

N

NR

07/12/18

Y

TD

2.78%

1,000,000.00

07/08/18

2,000,000

ME Bank

N

BBB

04/02/19

Y

TD

2.70%

2,000,000.00

08/08/18

1,000,000

AMP Bank

N

A

08/02/19

N

TD

2.80%

1,000,000.00

30/08/18

2,000,000

NAB

N

AA-

14/12/18

N

TD

2.63%

2,000,000.00

31/08/18

2,000,000

Suncorp

Y

A+

29/11/18

Y

TD

2.65%

2,000,000.00

03/09/18

1,000,000

Bank Vic

Y

NR

07/01/19

Y

TD

2.76%

1,000,000.00

04/09/18

1,000,000

Suncorp

N

A+

01/03/19

Y

TD

2.70%

1,000,000.00

06/09/18

1,000,000

Bananacoast Credit Union

Y

NR

06/03/19

Y

TD

2.70%

1,000,000.00

06/09/18

1,000,000

Suncorp

N

A+

05/03/19

Y

TD

2.70%

1,000,000.00

11/09/18

1,000,000

Bank Vic

N

NR

10/12/18

Y

TD

2.78%

1,000,000.00

12/09/18

1,000,000

Bankwest

Y

AA-

10/01/19

N

TD

2.65%

1,000,000.00

12/09/18

2,000,000

Suncorp

N

A

08/02/19

Y

TD

2.70%

2,000,000.00

17/09/18

1,000,000

The Capricornian Credit Union

Y

NR

17/01/19

Y

TD

2.80%

1,000,000.00

17/09/18

1,000,000

The Capricornian Credit Union

N

NR

17/12/18

Y

TD

2.80%

1,000,000.00

17/09/18

1,000,000

Hunter United Employees Credit Union

Y

NR

17/12/18

Y

TD

2.80%

1,000,000.00

19/09/18

1,000,000

Maitland Mutual Building Society

Y

NR

17/01/19

Y

TD

2.80%

1,000,000.00

21/09/18

1,000,000

ME Bank

N

BBB

05/02/19

Y

TD

2.67%

1,000,000.00

21/09/18

1,000,000

Police Credit Union Limited (SA)

Y

NR

21/01/19

Y

TD

2.80%

1,000,000.00

24/09/18

1,000,000

Bankwest

N

AA-

22/01/19

N

TD

2.65%

1,000,000.00

27/09/18

1,000,000

Suncorp

N

A

25/01/19

Y

TD

2.65%

1,000,000.00

28/09/18

1,000,000

Police Credit Union Limited (SA)

N

NR

02/01/19

Y

TD

2.85%

1,000,000.00

02/10/18

1,000,000

Police Credit Union Limited (SA)

N

NR

03/01/19

Y

TD

2.80%

1,000,000.00

03/10/18

2,000,000

Police Credit Union Limited (SA)

N

NR

04/01/19

Y

TD

2.80%

2,000,000.00

03/10/18

1,000,000

NAB

N

AA-

31/01/19

N

TD

2.66%

1,000,000.00

03/10/18

1,000,000

Hunter United Employees Credit Union

N

NR

01/04/19

Y

TD

2.80%

1,000,000.00

03/10/18

1,000,000

NAB

N

AA-

31/01/19

N

TD

2.66%

1,000,000.00

04/10/18

1,000,000

NAB

N

AA-

04/04/19

N

TD

2.70%

1,000,000.00

04/10/18

1,000,000

Australian Military Bank

Y

NR

03/04/19

Y

TD

2.80%

1,000,000.00

10/10/18

1,000,000

NAB

N

AA-

07/02/19

N

TD

2.66%

1,000,000.00

15/10/18

1,000,000

Suncorp

N

A

15/04/19

Y

TD

2.65%

1,000,000.00

15/10/18

1,000,000

Australian Military Bank

N

NR

15/02/19

Y

YD

2.77%

1,000,000.00

17/10/18

1,000,000

Police Credit Union Limited (SA)

N

NR

14/02/19

Y

TD

2.85%

1,000,000.00

25/10/18

1,000,000

NAB

N

AA-

22/02/19

N

TD

2.67%

1,000,000.00

29/10/18

1,000,000

Maitland Mutual Building Society

N

NR

14/02/19

Y

TD

2.80%

1,000,000.00

29/10/18

2,000,000

NAB

N

AA-

29/03/19

N

TD

2.69%

2,000,000.00

30/10/18

1,000,000

Australian Military Bank

N

NR

30/04/19

Y

TD

2.90%

1,000,000.00

30/10/18

2,000,000

Australian Military Bank

N

NR

28/02/19

Y

TD

2.87%

2,000,000.00

31/10/18

1,000,000

B & E Ltd (Bank of Us)

Y

NR

29/04/19

Y

TD

2.90%

1,000,000.00

31/10/18

2,000,000

NAB

N

AA-

29/03/19

N

TD

2.70%

2,000,000.00

02/11/18

1,000,000

B & E Ltd (Bank of Us)

N

NR

01/05/19

Y

TD

2.85%

1,000,000.00

02/11/18

1,000,000

NAB

N

AA-

04/03/19

N

TD

2.66%

1,000,000.00

12/11/18

1,000,000

B & E Ltd (Bank of Us)

N

NR

11/02/19

Y

TD

2.84%

1,000,000.00

15/11/18

1,000,000

Police Credit Union Limited (SA)

N

NR

14/05/19

Y

TD

2.70%

1,000,000.00

19/11/18

1,000,000

Summerland Credit Union

Y

NR

20/05/19

Y

TD

2.90%

1,000,000.00

26/11/18

1,000,000

Suncorp

N

A

27/05/19

Y

TD

2.70%

1,000,000.00

28/11/18

1,000,000

Maitland Mutual Building Society

N

NR

27/03/19

Y

TD

2.92%

1,000,000.00

28/11/18

1,000,000

B & E Ltd (Bank of Us)

N

NR

27/03/19

Y

TD

2.95%

1,000,000.00

28/11/18

1,000,000

Suncorp

N

A+

28/05/19

Y

TD

2.65%

1,000,000.00

N/A

886,024.30

CBA Business Online Saver

N

AA-

N/A

N

CALL

1.40%

886,024.30

12/01/18

500,000

NSW Treasury Corp

N

AAA

N/A

Y

CALL

2.40%

517,842.82

Total

76,284,374.30                                                                                                                                                                             

 

 

 

 

 

AVG

2.76%

76,324,748.85

 

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 on Council’s website

 

 

 

Council has an additional two investments with financial institutions that invest in fossil fuels but are nevertheless aligned with the broader definition of Environmental and Socially Responsible investments i.e.:

 

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.

 

New Environmental And Social Responsible Investments

 

During the month of November, Council was able to purchase two Green Bonds as long term investments as follows:

 

·    $1,000,000 investment with NSW Treasury Corporation maturing on 15 November 2028.  The purchase price of the investment was $980,060. This is the first green bond issued by NSW Treasury Corporation where proceeds from this investment will fund rail projects in Sydney and Newcastle along with a water project in Sydney.  The investment has been climate bond certified.

·    $1,000,000 investment with QLD Treasury Corporation maturing on 22 March 2024.  The purchase price of the investment was $1,018,290 as the investment has been out for over a year and Council secured the investment in the secondary market.  It currently is trading at a premium.  The proceeds of this investment will fund light rail at the Gold Coast, Moreton Bay rail link, electric trains in South-East Queensland, cycleways and the Sunshine Coast Solar Farm.

 

 

Investment Policy Compliance

 

 

The above table identifies compliance with Council’s Investment Policy by the proportion of the investment portfolio invested with financial institutions, along with their associated credit ratings compared to parameters in the Investment Policy. The parameters are designed to support prudent short and long-term management of credit risk and ensure diversification of the investment portfolio. Unfortunately the financial institutions currently offering investments in the ‘ethical’ area are mainly those with lower credit ratings (being either BBB or not rated at all i.e. credit unions).

 

Associated Risk

Progressively moving more of the investment portfolio into the ‘ethical’ space will lower the credit quality of the investment portfolio overall and continue to increase the organisation’s credit risk (i.e. exposure to potential default).  To monitor this issue the ‘Investment Policy Compliance’ table will now be produced for each monthly Investment Report to Council.

 

Currently Council is exceeding its policy benchmark for the proportion of the investment portfolio invested in financial institutions with low credit ratings or no credit rating (12% above tolerance). This means a greater proportion of Council’s investments have a higher level of exposure to credit risk than Council has determined via policy. To redress this risk, Council would need to invest more of the portfolio with institutions with higher credit ratings but this will reduce the percentage of the investment portfolio invested ethically. Over time it is likely that institutions with higher credit ratings will move more into the ethical investment space and this will continue to be monitored closely.

 

The investment portfolio is outlined in the table below by investment type for the period 1 November to 28 November 2018:

 

Dissection of Council Investment Portfolio as at 28 November 2018

 

Principal Value ($)

Investment Linked to:-

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

69,000,000.00

Term Deposits

69,000,000.00

0.00

2,900,000.00

Floating Rate Note

2,905,144.56

5,144.56

886,024.30

Business On-Line Saver (At Call)

886,024.30

0.00

500,000.00

NSW Treasury Corp (T Corp)

517,842.82

17,842.82

2,998,350.00

Bonds

3,015,737.17

17,387.17

76,284,374.30

 

76,324,748.85

40,374.55

 

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 the period of 1 November to 28 November 2018 on a current market value basis. 

 

 

Movement in Investment Portfolio – 28 November 2018

Item

Current Market  Value (at end of month) $

Opening Balance at 1 November 2018

75,425,265.50

Add: New Investments Purchased

10,998,350.00

Add: Call Account Additions

0

Add: Interest from Call Account

0

Less: Investments Matured

9,000,000.00

Add: T Corp Additions

0

Add: Interest from T Corp

1,133.35

Less: Call Account Redemption

600,000.00

Less: T Corp Redemption

500,000.00

Add: Fair Value Movement for period

0

Closing Balance at 28 November 2018

76,324,748.85

 

Investments Maturities and Returns – 1 November to 28 November 2018

 

Principal Value ($)

Description

Type

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

1,000,000.00

The Capricornian

TD

23/11/18

184

2.85%

14,367.12

1,000,000.00

B & E Ltd (Bank of Us)

TD

28/11/18

184

2.85%

14,367.12

1,000,000.00

Coastline Credit Union

TD

05/11/18

90

2.80%

6,904.11

1,000,000.00

Maitland Mutual Building Society

TD

19/11/18

91

2.70%

6,731.51

1,000,000.00

Suncorp

TD

28/11/18

90

2.65%

6,534,25

1,000,000.00

B & E Ltd (Bank of Us)

TD

02/11/18

91

2.80%

6,980.82

1,000,000.00

B & E Ltd (Bank of Us)

TD

12/11/18

91

2.75%

6,856.16

1,000,000.00

Suncorp

TD

20/11/18

90

2.65%

6,534.25

1,000,000.00

Police Credit Union Limited (SA)

TD

15/11/18

92

2.70%

6,805.48

9,000,000.00

 

 

 

 

 

76,080.82

 

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 for operational purposes. In this regard, for the month of November 2018 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 28 November 2018

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

69,000,000.00

69,000,000.00

0.00

Floating Rate Note

2,900,000.00

2,905,144.56

5,144.56

Business On-Line Saver (At Call)

886,024.30

886,024.30

0.00

NSW Treasury Corp (T Corp)

500,000.00

517,842.82

17,842.82

Bonds

2,998,350.00

3,015,737.17

17,387.17

Total Investment Portfolio

76,284,374.30

76,324,748.85

40,374.55

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

2,239,249.20

2,239,249.20

  0.00

Total Cash at Bank

2,239,249.20

2,239,249.20

  0.00

 

 

 

 

Total Cash Position

78,523,623.50

78,563,998.05

40,374,55

 

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. The current Council Meeting cycle does not always allow this to occur, especially as investment valuations required for the preparation of the report are often received after the deadline for the submission of reports. Endeavours are being made to achieve a better alignment and for some months this will require reporting for one or more months.

 

Council’s investments are made 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 Minister’s 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 - Sustainable Environment and Economy                                   13.8

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.8           PLANNING - 24.2018.64.1 - Development Control Plan (DCP) 2010 Chapter 17 and 2014 Part A amendments - public exhibition and notification of development applications

Directorate:                 Sustainable Environment and Economy

Report Author:           Jamie Van Iersel, Planner - Place Planner

File No:                        I2018/1891

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

 

Summary:

 

The Development Control Plan (DCP) 2010 Chapter 17 Advertising and Notification of Development and the DCP 2014 Part A Preliminary have been reviewed and amended in accordance with changes in the Environmental Planning and Assessment Act 1979 and in accordance with Council’s June 2018 Resolution (18-358).

 

Amendments to the DCP increase the level of public exhibition and notification that development applications require and introduce a pre-lodgement community consultation measure for development regarded as community significant. This report outlines the changes that have been made.

 

Some housekeeping amendments have also been made and are listed and justified in this report.

 

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

 

1.       That Council endorse the Development Control Plan 2010 Chapter 17, attachment 1 (E2018/91236) and Development Control Plan 2014 Part A, attachment 2 (E2018/91234) to be publicly exhibited for a 6 week period.

 

2.       That should there be no submissions, Council adopts the amendments to the Development Control Plans  as at the close of the statutory public exhibition period date, and notify the public accordingly.

                                                                                                                                                           

 

Attachments:

 

1        24.2018.64.1 DCP 2010 - Advertising and Notification of Development ~ Chapter 17, E2018/91236  

2        24.2018.64.1  Byron Shire DCP 2014 Part A Preliminary, E2018/91234  

 

 


 

Report

 

The Environmental Planning and Assessment Act 1979 (Act) as updated is the culmination of the largest overhaul of the Act since the legislation commenced almost 40 years ago.

 

The updated Act follows the passing of the Environmental Planning and Assessment Amendment Act 2017 in the NSW Parliament in November 2017.  This Act commenced on 1 March 2018 and most of the changes to the Environmental Planning and Assessment Act 1979 came into effect from this date.

 

Based on the changes to the legislation, it was identified that certain changes to Byron’s DCP 2010 and 2014 would need to be amended.  It was identified that reviewing the Byron DCPs would be a good opportunity to commence work on our Community Participation Plan which is required by the Department to be prepared by late 2019.

 

At the June 2018 Council meeting, Council Resolved (18-358):

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

 

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

 

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

 

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

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

 

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

 

Following on from this resolution, the following amendments have been made to the DCP 2010 (attachment 1) and the DCP 2014 (attachment 2):

 

Community Participation Plan and Review of the DCPs

 

The review of the DCPs has taken into consideration Schedule 1 of the Act and accords with the requirements that will be needed when preparing a Community Participation Plan.

 

Pre-Lodgement Consultation – who will have to do it

 

Section A13.4 of the DCP 2014 and section 3 of the DCP 2010 outline the requirements for certain developments to be consulted with the community prior to lodgement of the development application.

 

The developments needing pre-lodgement community consultation have been given a new definition of ‘Community Significant Development’ and has been defined in the DCP.  The definition includes various triggers to necessitate pre-lodgement community consultation.  It has been designed to best pick up the types and scales of development that are seen to be ‘major’ or of concern to the Byron community as per the Resolution (18-358).  The definition is a mix of development types and scales.

 

The DCPs do not refer to these as ‘major development’ as the State already uses this term and it has an associated definition. The definition has been prepared in collaboration with the development application assessment planners. The definition is:

 

For all developments considered to be community significant development, consultation with the community is required prior to the lodgement of the development application.

 

The following development types will always be considered as community significant development:

·        a building with a gross floor area of 5,000m2 or more in a residential, rural or commercial zone; or

·        any development that will be referred under the Act to the Joint Regional Planning Panel; or

·        any subdivision resulting in 50 lots or more; or

·        residential flat buildings or multi dwelling housing resulting in 10 or more dwellings; or

·        any development that proposes demolition of a heritage listed item (or conservation area); or

·        pubs; or

·        small bars (nightclubs) within the meaning of the Liquor Act 2007; or

·        function centres; or

·        restaurants in rural areas; or

·        offensive industries; or

·        telecommunications facility.

 

It is required that any proposal triggered by the above definition would need to carry out consultation with the community, and document the process, as per the requirements of the DCP.

 

Pre-Lodgement Consultation – consultation requirements

 

As part of the community consultation, the following have been specified in the DCP as minimum requirements:

·        one facilitated workshop or meeting must be held

·        notification in a weekly Shire wide newspaper, giving 10 days notice of the meeting or workshop

·        site notice

·        letter to any known community groups and/or landowners within 500m of the proposed site,

·        use of social media

 

Advertisements must contain the following information:

·        an explanation of the proposed application, noting that it has not yet been lodged to Council

·        details of where further information can be found

·        information on the arranged community meeting or workshop

·        alternative avenues for feedback

·        final date feedback will be received and considered.

 

It has been specified in the DCP that Council may consider facilitating or assisting applicants with pre-lodgement consultation processes within reasonable means. This may include:

·    putting applicants in contact with local community groups

·    publishing details of the proposed application and consultation period on Council’s website

 

It has been made clear within the DCP that it is the applicant’s responsibility to arrange, carry out and collate all engagement activities and submissions and not the Councils.

 

Pre-Lodgement Consultation – documentation requirements

 

It has been specified in the DCP that the applicant will be required to track their community consultation and supply with their development application, at a minimum, the following documentation:

·        a statutory declaration that consultation was undertaken in accordance with this DCP

·        accurate details of the nature and extent of the consultation

·        copies of what the community was shown during the consultation process

·        copies of all submissions and/or written feedback received

·        a summary of how the community responded to the proposal and the main comments received

·        an outline on how the submitted application has responded to the community’s concerns with meaningful changes highlighted. If the application being submitted is substantially different to what the community was shown during the consultation period detailed reasons are to be given for how and why the proposal is different. Where there are significant changes that do not respond to community feedback, further pre-consultation may be required

 

Any development application for a community significant development that is lodged with Council is unlikely to be accepted if the above documentation is not provided.  It will be requested upon the applicant to provide the documents prior to lodging the development application. 

 

Part 1, Schedule 1 of the Environmental Planning and Assessment Regulation 2000 legislates what must be included in a development application and the documentations listed in this DCP will be additional requests.

 

Levels of Public Exhibition and Notification of Development Applications

 

Both DCP 2010 and 2014 include a categorisation of developments and the associated requirements for public exhibition and notification of that development type.  Previously, both DCPs included Level 0 – Level 2, with each level requiring slightly more exhibition and notification that the last.

 

A third level has been added to both DCP 2010 and 2014 to ensure that the more significant developments require notification to surrounding landowners, in addition to adjoining landowners, and a longer exhibition period, 21 days rather than 14.

 

Under level 3, the following developments are listed:

·        Any development type with an estimated development cost of $20 million dollars or more

·        Any development application that will be referred to the Joint Regional Planning Panel

·        Subdivision that create 50 or more lots

·        Telecommunication towers

 

A monetary trigger has also been added to the levels of notification to pick up larger scale developments that would otherwise not need any, or little, notification.

 

Site Notification for Notification of a Development Application

 

As per 3.b of the resolution (18-358) DCP 2010 and 2014 now list site notification as a requirement for all level 2 and the additional level 3 development tables.

 

Housekeeping to the DCP Part A 2014

 

Other housekeeping amendments to the DCP 2014 are also included in this amendment and are listed below.

 

Change

Justification

Gross Floor Area has been given the definition as per the Byron LEP 2014

For consistency.

The word conservation, from High Conservation Value Vegetation and Habitats has been replaced with the word environment. The term and definition is now High Environmental Value vegetation and habitats (HEV).

 

For consistency with other legislation and documents.

A13.2.1 3D modelling prescriptive measure 2(a) has been changed from $1 million to $3 million

 

$1 million dollars is an outdated estimate of what would be considered as a substantial development. As costs have increased many developments are now $1 million or more and it is believed that $3 million is a better capture for the type of developments Council would like to see in 3D.

References to the Act have been updated

In line with the changes to the numbering of the sections implemented in March 2018.

Time period for public exhibitions has been reworded to specify that the period between December 20 and January 10 is excluded from the calculation of a period of public exhibition

In accordance with Schedule 1 of the Act.

Definition of ‘adjoining landowner’ and ‘surrounding landowner’ added to the glossary

To help clarify expectations and processes around notification of development applications.

Addition of A14.1 3(j) that Council will request email addresses in their letter to adjoining and surrounding landowners from all community members wishing to be advised upon determinations of development applications

To clarify expectations and processes around notification of development application determinations. To help Council reduce the paper and costs associated with mailing letters.

 

More housekeeping amendments to the remainder of the DCP 2014 are underway and will be reported in the New Year.

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

The amendments to the DCP 2010 & 2014 are in accordance with the Environmental Planning Assessment Act 1979 and the Environmental Planning and Assessment Amendment Act 2017.

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.9

 

 

Report No. 13.9           PLANNING - 26.2016.6.1 - Update on Planning Proposal for The Farm - Voluntary Planning Agreement

Directorate:                 Sustainable Environment and Economy

Report Author:           Rob Van Iersel, Major Projects Planner

File No:                        I2018/1409

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Council previously resolved to forward the Planning Proposal for The Farm (to address existing unauthorised land uses/ activities) to the Department of Planning and Environment for a Gateway Determination. The Department has now issued the Gateway, which will allow for the public exhibition of that Planning Proposal.

 

Prior to issuing the Gateway Determination, the Department undertook preliminary consultation with a number of State Agencies. In response, NSW Roads and Maritime (RMS) recommended that a Voluntary Planning Agreement be negotiated as part of the Planning Proposal, to provide for a contribution “to offsetting the development’s contribution to the traffic and safety issues around access to the site”.

 

Following further discussions with the proponents, a draft Voluntary Planning Agreement (VPA) has recently been put forward by The Farm, intended to provide a contribution from The Farm to local road network upgrade solutions, commensurate with the traffic volumes generated by the development.

 

Council is currently working closely with RMS in regard to significant traffic and safety issues at this western end of Ewingsdale Road and the Director Infrastructure Services, Manager Works and Developer Contributions Officer will be meeting with a team from the RMS on 17 December 2018 to commence project initiation for the design of the upgrade works.  It is likely that part of the solution will involve widening of Ewingsdale Road, which would require acquisition of a section of land owned by The Farm along that frontage.

 

The intention of a draft VPA will be to provide for the dedication of land along the Ewingsdale Road frontage of The Farm property, as a contribution to road network upgrades along Ewingsdale Road.  Council, RMS and the land owner would be signatories to that VPA.

 

At this stage, preliminary review of the draft put forward by the proponent has highlighted the need for further discussions between the parties before the Agreement might be suitable for public exhibition [the Act requires that it be exhibited prior to adoption]. Discussions are planned for December and a further report will be provided early in the New Year.

 

NOTE TO COUNCILLORS:

 

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

  

 

RECOMMENDATION:

That Council note the update to the Planning Proposal for The Farm in relation to the Voluntary Planning Agreement.


 

Report

 

At the meeting of 14 December 2017, Council resolved (17-671):

1.    Agree to initiate planning proposal to amend Byron LEP 2014 (Attachment 1 #E2017/103796) for the reasons outlined in this report.

2.    Forward the planning proposal to the NSW Department of Planning and Environment for a Gateway determination.

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

 

Following this resolution, the Planning Proposal was sent to the Department on 9 January 2018 requesting a Gateway determination.

 

In considering Council’s request, the Department undertook preliminary consultation with State government agencies.  In response, NSW Roads and Maritime Services (RMS) advised:

Roads and Maritime is looking for a Voluntary Planning Agreement with the applicant and provision within the agreement to contribute to offsetting the development’s contribution to the traffic and safety issues around access to the site.  Roads and Maritime has not yet received an offer from the Applicant, but is working with Council to progress short, medium and longer term solutions to the current traffic and safety issues and hopes to negotiate a suitable contribution arrangement with The Farm in the coming months

 

Subsequent meetings have been held with RMS and the proponent to discuss the traffic issues, potential solutions and The Farm’s contribution to those solutions. 

 

While agreed solutions / network updates are yet to be fully considered and determined, it is evident that effective solutions will need to involve increased capacity within the RMS network (primarily the southbound off ramp and eastern roundabout), the hospital roundabout and along Ewingsdale Road itself (including a new roundabout at McGettigans Lane).

 

Within that scenario, it is very likely that land along the Ewingsdale Road frontage of The Farm’s property will be required for the purpose of road widening, to facilitate the future upgrade of Ewingsdale Road. 

 

Council’s Contribution Plan does not contain a provision for an appropriate road contribution to be levied on future development applications that would be facilitated by the Planning Proposal.  Without such a contribution, RMS has advised that they will not be able to support the Planning Proposal, based on the traffic safety / network capacity issues.  Council’s Infrastructure Services staff are of the same view.  The VPA provides an alternate mechanism to deliver an appropriate contribution that responds directly to the traffic generated by The Farm’s development.

 

A draft VPA has been submitted by The Farm, providing for the dedication to Council of land along Ewingsdale Road.

 

Preliminary review of the draft VPA by Council and RMS indicate the need for further discussions in order to finalise the detail with the Agreement before it is suitable for public exhibition.

 

Those discussions will be undertaken during December, with the VPA reported to Council in early 2019 for consideration.

 

Financial Implications

 

In the absence of an agreed VPA Council would, at some time in the future, need to negotiate purchase of the land required for road widening.  Such purchase would be undertaken in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, based on a fair market value of the land.

 

Statutory and Policy Compliance Implications

 

The intention is that the VPA accompany the Planning Proposal that seeks to authorise various existing land uses at The Farm.  While traffic congestion issues at the western end of Ewingsdale Road are not solely a result of the Farm, there is a direct nexus between the requirement for road upgrades required in this area and the traffic generation associated with those uses.

 

It is fair and reasonable, therefore, that The Farm contribute toward the public benefit provided by road upgrade works that will improve safety/ congestion in this area.

 

In the absence of such a contribution, Council would need to carefully consider whether the traffic impacts associated with authorising the existing uses warrant proceeding to support the Planning Proposal.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.10

 

 

Report No. 13.10         Modification of the Jonson Street Protection Works (Main Beach) - Defining Project Objectives

Directorate:                 Sustainable Environment and Economy

Report Author:           Chloe Dowsett, Coastal and Biodiversity Coordinatior  

File No:                        I2018/2115

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary

 

Council has been successful in obtaining 50% funding through the Office of Environment and Heritage (OEH) Coastal and Estuary Grants Program for the design and planning phase of the modification/upgrade of the Main Beach coastal protection works (Jonson Street Protection Works / JSPW).

 

The modification of the Main Beach coastal protection works is at the forefront of the draft Coastal Zone Management Plan for the Eastern Precincts of the Byron Bay Embayment (CZMP (2018)) re-submitted to the Minister 4 July 2018. While the CZMP, 2018 was not recommended for Ministerial certification by OEH, Council’s application for funding to commence the design and planning phase of the project was approved.

 

Defining project objectives is an important step in delivery of a successful project and this report presents six (6) project objectives for consideration and endorsement by Council.

 

 

  

 

RECOMMENDATION:

That Council endorse the six project objectives outlined in this report for the delivery of the design and planning phase of the ‘Modification of the Jonson Street Protection Works’ project due to commence early 2019.

 

 

 

 

 


 

Report

 

The coastal protection works at Main Beach are degraded and not to contemporary coastal engineering standards. Various options for modification of the JSPW have been investigated and assessed over the preceding years, however further work is required to refine a preferred concept after other alternatives have been reconsidered through contemporary assessment.

 

Previous advice of the NSW Coastal Panel considered Master Planning of the Jonson Street area (town centre of Byron Bay) a high priority for implementation. As such, the modification of the JSPW is at the forefront of the CZMP (2018).

 

Council is committed to the modification of this structure and submitted a funding application to the Coastal and Estuary Grants Program on 4 July 2018 to commence the concept design and planning phase. As such Council has allocated $150,000 (50% of the estimated project costs) in this year’s budget (FY2018/19) for completion of the pre-construction phase of the project.

 

On 4 July 2018 the CZMP (2018) was re-submitted to the Minister under section 55G of the Coastal Protection Act 1979 (CP Act) along with public agency agreement on the 1 August 2018. Formal written advice was received from OEH on the 16 October 2018, advising that OEH did not consider it appropriate to recommend to the Minister that she certify the CZMP 2018, and instead returned the plan to Council advising Council to commence development of a Coastal Management Program (CMP) under the Coastal Management Act 2016 (CM Act) for the whole Byron Bay embayment. This advice was considered by Council at the 22 November 2018 meeting.

 

Not withstanding the returning of the CZMP (2018) to Council, OEH are committed to assisting Council in progressing the modification of the JSPW. As such, the funding application for $150,000 was approved on 25 October 2018. 

 

Project Delivery

 

The first stage of the project will involve an ‘Options Assessment and Concept Design Investigation’. This first stage comprises a review of previous reports and investigation of all options, modelling of options to understand the impacts (both positive and negative), and assessment of options against community values, cost, social, environmental and economic impacts.

 

Key tasks of the ‘Options Assessment and Concept Design Investigation’ will be to:

 

a.       Investigate available options though refinement and a First Pass Asessment.

b.       Model preferred options (most likely three scenarios i.e. present alignment, removal of spur groynes only, or landward alignment of the works).

c.       Determine detailed concept design(s) and costing(s) for the modification of the works that compliment and align with the outcomes of the Byron Bay Town Centre Master Plan for the Main Beach precinct/foreshore area.

d.       Investigate detailed concept design(s) by further addressing community values, cost, social impacts, environmental impacts and climate change.

e.       Gain an understanding of the preferred concept design(s) of Councillors, the community and project stakeholders.

f.       Gain an undertsanding of the planning and approval pathways for construction works.

Funding Condition

 

A special condition of the funding agreement as outlined in the Grant Funding Agreement (Condition 18.2) is that the ‘Options Assessment and Concept Design Investigation’ should include an assessment of all potentially feasible options, including those that seek to reduce impacts of the structure on coastal processes, public amenity and safety.

 

Options should include consideration of, but may not be limited to:

·        reducing the plan footprint of the structure

·        re-alignment of the structure further landward.

Project Objectives

 

In order to plan and deliver a successful project commitment by Council to the overall project objectives is important. Through consideration of the objects of the CM Act; best practice coastal management; the special condition of the funding agreement; and liaison with OEH; it is proposed the modification of the JSPW coastal protection works is underpinned by the following objectives:

 

1.       To provide adequate protection to the Byron Bay town centre against current and future coastal hazards

2.       To mitigate adverse current and future risks from coastal hazards, taking into account the effects of climate change

3.       To mitigate impacts on coastal processes (e.g. down-drift effects) through reduction of the project footprint

4.       To improve the structural integrity of the existing JSPW

5.       To improve public safety around the JSPW

6.       To enhance recreational amenity, public access and use of the foreshore around the JSPW.

 

Conclusion

 

Project objectives provide a valuable framework for consideration at different stages of project delivery. By defining project objectives, concepts can be assessed against each objective to ensure the preferred option satisfies the original project objectives.

 

The six (6) project objectives outlined in this report are thereby presented to Council for consideration and endorsement.

 

Financial Implications

 

Funds are allocated in this FY2018/19 to complete these works.

 

Statutory and Policy Compliance Implications

 

Coastal Management Act 2016

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Report No. 13.11         24.2018.48.1 Amendment to Byron DCP 2014: Chapter D8 - Public Art

Directorate:                 Sustainable Environment and Economy

Report Author:           Steve Daniels, Project Officer - Planning Reforms

File No:                        I2018/2111

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

 

The newly adopted Public Art Strategy includes a direction to “build strength into the Development Control Plan [with regards to public art]”.  This report proposes an amendment to Byron DCP 2014, Chapter D8 - Public Art as a consequence of the direction.

 

The amendment is a reflection of the revised Public Art Policy and new Public Art Strategy, as well as recommendations from the Public Art Panel and outcomes of the 4 October Strategic Planning Workshop. 

 

A ‘marked up’ copy of the draft DCP chapter showing the proposed changes is appended to this report as Attachment 1, and a ‘clean copy’ is appended as Attachment 2. 

 

The amendment also proposes new definitions for ‘public art’ and ‘mural’ to be included in Byron DCP 2014, Part A, Appendix A1 – Dictionary.  These changes are appended to the Report as Attachment 3.  

 

 

  

 

RECOMMENDATION:

That Council:

 

1.       Proceed with public exhibition of the draft amendment to Byron DCP 2014, Chapter D8 – Public Art, as included in Attachment 1 (E2018/59108) and Part A, Attachment 3 (E2018/107984).

 

2.       Receive a further report for consideration of submissions following the statutory public exhibition period.

 

3.       Should there be no submissions, the amendments to the DCP be adopted as at the close of the statutory public exhibition period date, and notified accordingly.

 

 

Attachments:

 

1        24.2018.48.1 - [DRAFT] Byron Shire DCP 2014 Chapter D8 Public Art (marked up copy), E2018/59108  

2        24.2018.48.1 - [DRAFT] Byron Shire DCP 2014 Chapter D8 Public Art (clean copy), E2018/87832  

3        24.2018.47.1 - Proposed Changes to Byron DCP 2014: Part A, Appendix A1 Dictionary, E2018/107984  

4        Template - Form of Special Disclosure of Pecuniary Interest, E2012/2815  

 

 


 

Report

 

Public Art Chapter of Byron Development Control Plan 2014

 

The newly adopted Public Art Strategy includes a direction to “build strength into the Development Control Plan [with regards to public art]”.  The Public Art Panel have considered proposed amendments to Byron Development Control Plan (DCP) 2014 – Chapter D8 Public Art at both the 26 April 2018 Public Art Panel meeting and the 3 August 2018 Public Art Panel meeting.

 

On 20 September 2018 Council considered the recommendations of the Public Art Panel.  Council resolved as follows:

 

18-575 Resolved that with respect to the Public Art Panel meeting held on 3 August 2018, Council:

 

4.  Note that the Public Art Panel has recommended an amendment to Byron DCP 2014 Chapter   D8 – Public Art.

5.  Receive a Strategic Planning Workshop to consider the proposed DCP amendment followed by a further report to Council.

 

A Strategic Planning Workshop was held on 4 October 2018 and the proposed amendment to Byron DCP 2014, Chapter D8 - Public Art was considered by Councillors.  The draft Public Art chapter has been subsequently amended to incorporate the outcomes of the strategic planning workshop.  A ‘marked up’ copy of the draft chapter showing the proposed changes is appended to this report as Attachment 1, and a ‘clean copy’ is appended as Attachment 2. 

 

Key Changes Proposed

 

The changes proposed to Byron DCP 2014, Chapter D8 - Public Art are a reflection of the revised Public Art Policy and new Public Art Strategy, as well as recommendations from the Public Art Panel and outcomes of the 4 October 2018 Strategic Planning Workshop.  The changes are summarised below and detailed in Attachments 1, 2 & 3. 

 

Updated Definition of Public Art (Part A – Appendix A1)

 

An amendment to Part A of DCP 2014 is proposed to include an updated definition of ‘public art’ (see Attachment 3).  The definition is taken from the Public Art Policy adopted by Council in August 2018 and reads as follows:

 

Public Art is defined in the broadest sense as artistic works or activities accessible to the public. The work is of a permanent nature, located in or part of a public space or facility provided by both the public and private sector.  Public art also includes the conceptual contribution of an artist to the design of public spaces and facilities.

 

Aims of the Chapter (Section D8.1.1)

 

Section D8.1.1 Aims of this Chapter has been updated to give a more detailed description of how public art is expected to support and contribute to local communities in the Shire, as well as what qualities are sought in public art in terms of durability, design and satisfaction of regulatory standards. 

 

This section has also been updated to reflect new provisions in the chapter that aim to:

·        enable equivalent financial contributions in lieu of providing public art

·        specify documents to be provided with a development application for the provision of public art

·        specify considerations for the assessment of murals

 

Application of the Chapter (Section D8.1.2)

 

The Public Art DCP currently applies to development applications for a range of commercial purposes where the estimated project cost is greater than $1 million, and where the development is located in zones RU2, RU5, B1, B2, B4, B7, SP3 or W2.  The proposed amendment includes the addition of the B3 zone to this list, which is a new zone proposed for the Byron Bay town centre.

 

The Public Art DCP is also proposed to apply to:

·        residential subdivision of land within zones R1, R2 and R3 resulting in 20 lots or greater, with an estimated project cost greater than $1,000,000; and 

·        murals requiring development consent under Byron LEP 2014, Part 5.10 – Heritage Conservation.

 

Dual Assessment Pathways (Section D8.2.1)

 

The proposed amendment seeks strengthen and clarify section D8.2.1 – Provision of Public Art in relation to the dual assessment pathway for the provision of public art.  Under this section, applicants have the option to either provide for public art on-site, or make an equivalent financial contribution in lieu of providing public art.  This option provides flexibility for applicants and enables the provision of public art in circumstances where public access to the development site is limited and/or the artwork is unable to be enjoyed by users of the public domain.  A flowchart has been appended to the draft DCP chapter (see Attachments 1 & 2) to provide applicants with a simple overview of the dual assessment pathways available to them.

 

If the applicant chooses to make an equivalent financial contribution in lieu of providing public art, the DCP requires that the applicant enter into a Voluntary Planning Agreement (VPA) with Council to provide for the installation of public art on public land.  The location of the artwork may be within any of the towns and villages in Byron Shire at the discretion of Council and the Public Art Panel.  

 

Required Financial Value of Public Art (Section D8.2.1)

 

Existing provisions in section D8.2.1 – Provision of Public Art require applicants to provide public art to the value of at least 2% of the total development cost (calculated in accordance with the Environmental Planning & Assessment Regulation) up to a maximum of $25,000, as an integral part of the development. 

 

The Public Art Strategy notes that these provisions overlook the opportunity to capture public art funds for major development as a result of the $25,000 cap currently in place.  The proposed amendment seeks to rectify this situation by introducing a financial contribution formula that features a sliding scale relative to the development cost.  The proposed sliding scale caps out at $80,000 (note: a $5 million development would require this contribution) however scope is provided to negotiate contributions beyond $80,000 for larger projects.  The proposed provision is as follows: 

 

Development to which this Section applies must include the provision of public art to the value of at least 2.5% of development costs (calculated in accordance with the Environmental Planning & Assessment Regulation) up to $2 million, and 1% of further development costs exceeding $2 million.  Where development costs exceed $5 million, the provision of public art may be negotiated at a value no less than $80,000.

 

Requirement for Applicants to Provide a Public Art Plan (Section D8.2.1)

 

The proposed amendment aims to strengthen the prescriptive measures under D8.2.1 – Provision of Public Art by introducing a requirement for a ‘Public Art Plan’.  The Public Art Plan is to be prepared by the applicant and provides details of the proposed public art and must be submitted as part of the Development Application documentation.

 

Details required in the Public Art Plan aim to provide assessment officers, the Public Art Panel and Council with enough information to make a fully informed assessment of the public art proposal.  Broadly speaking, the Public Art Plan must include design considerations, budget considerations and deaccessioning agreements (see Attachments 1 & 2 for further detail).

 

It is important to note that the design selection criteria that must be addressed in the Public Art Plan seeks to rectify a loophole in the current provisions that has allowed some developers to provide public art in locations that have limited or restricted public access, such as inside building foyers.  The following design selection criterion has been proposed to remove any ambiguity over what is considered an appropriate location for public art:

 

Public art must be provided in a location that allows users of the public domain an unobstructed view of the artwork and the ability to freely access and interact with the artwork.  Public art will not be considered inside buildings, such as foyers.

 

Requirement for Applicants to Provide a Public Art Report (Section D8.2.2)

 

Section D8.2.2 - Documents to be provided with a development application for the provision of public art is a new section that outlines the documents to be provided with a development application for public art.  In addition to the requirement for a Public Art Plan that is lodged with the development application, it is proposed that a ‘Public Art Report’ be required at the Occupation Certificate Stage.  The Public Art Report is to satisfy the Council that the public art has been delivered and the public art commitments have been fulfilled. This will enable the Occupation Certificate to be released.

 

For staged developments, the amendment proposes that a ‘Preliminary Public Art Plan’ be submitted with the Master Plan for Master Plan sites or with the Stage 1 development application.   This higher level document should include an analysis of the locational context, planning requirements and any studies pertinent to the public art objectives. It should identify public art opportunities, propose a methodology for the selection and commissioning of artists and provide an estimated budget and program for the inclusion of artists.  Subsequent stages will need to provide a Public Art Plan with the development application and a Public Art Report at the Occupation Certificate stage.

 

Definition of a Mural (Part A – Appendix A1)

 

At present, the DCP does not include a definition of a mural, however a definition will be required to support the new section relating to murals discussed below.  The following definition is proposed:

 

Mural means a piece of visual art created on an appropriate, publicly visible outdoor wall or surface with the permission of the property owner.

 

Provision of Murals (Section D8.3)

 

Section D8.3 – Provision of Murals is a new proposed section that applies to the provision of murals requiring development consent under Byron LEP 2014, Part 5.10 – Heritage Conservation.  This may include murals that impact on a heritage item or are located within a heritage conservation area, or may include murals that impact on an Aboriginal object or Aboriginal place of heritage significance.

 

The prescriptive measures proposed in this section aim to support Byron LEP 2014, Part 5.10 – Heritage Conservation, and ensure that consideration is given to the appropriateness of the mural for its location.  Additionally, the prescriptive measures seek to ensure that a proposed mural is not in fact a sign/advertisement.

 

Murals not requiring development consent under Byron LEP 2014, Part 5.10 – Heritage Conservation do not require development consent and are not subject to the proposed DCP provisions; however developers and artists are encouraged to submit their concept for review.   

 

Financial Implications

 

As this is a Council initiated DCP amendment, the processing costs will be borne by Council.  If Council chooses not to proceed then the matter does not incur any additional costs.

 

Statutory and Policy Compliance Implications

 

The amendment of development control plans is governed by Environmental Planning and Assessment Regulation 2000 (Part 3 – Development Control Plans). The amendment process is summarised below:

 

Part 3 of the regulation states that a draft development control plan must be publicly exhibited for at least 28 days and copies of the draft development control plan are to be made publicly available.  After considering any submissions about the draft development control plan that have been duly made, the council:

 

(a)  may approve the plan in the form in which it was publicly exhibited, or

(b)  may approve the plan with such alterations as the council thinks fit, or

(c)  may decide not to proceed with the plan.

 

The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.  Notice of a decision not to proceed with a development control plan must include the council’s reasons for the decision.  A development control plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.

 

The relevant policy considerations are addressed above.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Report No. 13.12         Barrio Eatery and Bar - Update on Compliance with Direction to Take Preventative Action

Directorate:                 Sustainable Environment and Economy

Report Author:           Dylan  Johnstone, Planner

File No:                        I2018/2138

Theme:                         Sustainable Environment and Economy

                                      Environment and Compliance Services

 

 

Summary:

 

On 22 March 2018, Council considered report No. 13.24 Update - Barrio Eatery and Bar, 1 Porter Street, Byron Bay - Enforcement proceedings.

 

https://byron.infocouncil.biz/Open/2018/03/OC_22032018_AGN_773_WEB.htm

 

As a result of that report, Council resolved to:

 

18-170 Resolved: 

1.       Note the report.

2.       In respect of the Penalty Infringement Notice, accept the legal advice and take action accordingly.

3.       Be provided a report on compliance with the prevention order and relevant conditions of consent within three months.     

 

On 21 June 2018, Council considered report No. 13.14 Barrio Eatery and Bar - Update on Resolution 18-170 and resolved that enforcement staff will continue to monitor compliance with the Direction to Take Preventive Action dated 16 May 2018, and also any relevant condition of consent for noise and amenity.

  

 

RECOMMENDATION:

That Council note the update on the Barrio Eatery and Bar’s compliance with the direction to take preventative action.

 

 

Attachments:

 

1        Alpha Acoustics Report_Environmental Noise Compliance - Barrio Bar and Restaurant (Rev 1)(2), E2018/89265  

 

 


 

Report

 

This report provides an update on the Barrio Eatery and Bar’s compliance with preventative directions and conditions of consent for noise and amenity.

 

On 13 April 2018, consultant Tim Fitzroy & Associates provided Bayshore Development Pty Ltd with a final Noise Management Report. 

 

On 16 May 2018, consultant Tim Fitzroy & Associates provided Bayshore Development Pty Ltd with a concept plan proposal for an acoustic wall.

 

On 16 May 2018, Council issued a second formal Direction to Take Preventive Action to Bayshore Development Pty Ltd, pursuant to section 96 of the Protection of the Environment Operations Act 1997.  The direction stipulated works that would be required to be undertaken to ameliorate adverse noise impacts from the site to achieve compliance with conditions of consent for noise and amenity.

 

The direction required Bayshore Development Pty Ltd to take the following action:

 

1.       Implement all non-building works 'action strategies' contained with Tim Fitzroy & Associates' final Noise Management Report dated 13 April 2018 (items 1.1, 2.1, 3.1, 3.2, 4.1, 5.3, 5.4, 5.6, 5.7, 6.1, 6.2 and 6.3) on or before 16 June 2018; and

 

2.       Implement all building works 'action strategies' contained with Tim Fitzroy & Associates' final Noise Management Report dated 13 April 2018 (items 5.1,5.2 and 5.5) on or before 16 August 2018. The reference to 'movable acoustic barrier' in item 5.2 is replaced by the proposed acoustic green wall recommended by Tim Fitzroy & Associates on 16 May 2018.

 

All action items contained in item 5.2 of the building works 'action strategies' within Tim Fitzroy & Associates final Noise Management Report dated 13 April 2018, are now complete with the exception of artwork. The outstanding aesthetic works are scheduled for completion by the end of this year.

 

In accordance with the Direction to Take Preventive Action of 16 May 2018, compliance noise monitoring has been completed.  ‘Alpha Acoustics’ were engaged on behalf of Tim Fitzroy and Associates to undertake the relevant assessment (report attached).  The conclusion of the assessment is that “noise emissions from the operation of the Barrio Bar and Restaurant have been measured as complying with the relevant noise criteria”.  

 

Financial Implications

 

Cost to Council depends on outcome of enforcement action.

 

Statutory and Policy Compliance Implications

 

Compliance with relevant planning and environment Acts and Regulations.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         Report of the Planning Review Committee Meeting held on 25 October 2018

Directorate:                 Sustainable Environment and Economy

Report Author:           Chris Larkin, Manager Sustainable Development

File No:                        I2018/2161

Theme:                         Ecology

                                      Development and Approvals

 

 

Summary:

 

This report provides the outcome of the Planning Review Committee meeting held on 25 October 2018.

 

 

 

  

RECOMMENDATION:

That Council note the report of the Planning Review Committee meeting held on 25 October 2018.

 

 

 


 

Report:

 

The meeting commenced at 4:45pm and concluded at 5:00pm.

 

Present: Crs Martin, Lyon, Hunter

Staff:  Chris Larkin (Manager Sustainable Development)

Apologies: Nil

 

The following development applications were reviewed with the outcome shown in the final column.

 

DA No.

Applicant

Property Address

Proposal

Exhibition

Submission/s

Reason/s

Outcome

10.2018.486.1

Joe Davidson Town Planning

LOT: 427 DP: 729272

South Beach Road BRUNSWICK HEADS 

Redevelopment of Brunswick Heads Surf Life Saving Club including Demolition works and Construction of New Surf Club Building containing Training Rooms, Storage Areas, Canteen, Amenities and Foyer at Ground Level and an Additional Training Room, Bar Areas, Kitchen, Amenities, Storage Areas, Cool Rooms, Function Area and Deck Areas within the Upper Floor

Level 2

18/10/18 to 31/10/18

 

Nil submissions

The perceived public significance of the application

 

Council

 

 

10.2018.394.1

Planners North

LOT: 5 DP: 580872

210 Frasers Road MULLUMBIMBY CREEK

Change of Use of Expanded Dwelling to Bed and Breakfast Accommodation Comprising Three (3) Guest Rooms

Level 1

16/8/18 to 29/8/18

 

14 submissions

Delegated Authority

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.14

 

 

Report No. 13.14         Draft Byron Residential Strategy

Directorate:                 Sustainable Environment and Economy

Report Author:           Alex Caras, Land Use Plannning Coordinator

Natalie Hancock, Senior Planner

File No:                        I2018/2163

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

 

The Byron Shire Residential Strategy (Strategy) will be one of Council’s principal local growth management strategies to guide future residential development within the Shire’s urban areas. This report presents the draft Strategy and supporting documents for Council’s consideration and for further refinements before it is placed on public exhibition. 

 

The overall aim of the Strategy is to set a clear vision and policy framework for the Shire’s urban residential lands, having regard to the wider state/regional planning framework and the policy and directions outcomes from the November planning charrette.   A key focus is on ‘where’ and ‘what type of’ future residential housing will need to be delivered to meet the diverse needs of our community to 2036.  The draft Strategy is supported by a ‘Site Suitability Analysis’ and ‘Housing Needs Report’.

 

Resolution 18-410 substantially brought forward the timetable for finalising the draft Strategy to the end of 2019. A consequence of implementing Council’s resolution is that the main strategy documents (Attachment 1 and Attachment 2) are not in a ‘final’ form for exhibition. The draft Strategy (Attachment 1) is well advanced, it reflects the November charrette outcomes and is largely complete, except for the local character statements some of which need to be completed in consultation with key stakeholders prior to exhibition. The supporting appendices (Attachment 2) are a work-in-progress and will need to be finalised prior to exhibition.

 

As a result, this report recommends that Council authorise the Director, Sustainable Environment & Economy to undertake a final internal review to include any necessary formatting, grammatical edits, diagrams, appendices and/or other non-policy updates to ensure a suitable standard for public exhibition. 

 

The report also recommends that a second Planning Charrette/Workshop be held with the previous participants prior to public exhibition to allow more detailed consideration of new release / infill areas.

 

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

1.       That Council:

a)      endorse in principle the draft Byron Residential Strategy, as contained in Attachment 1 & 2, (E2018/110198, E2018/110199), noting that they are working drafts and further refinements are required prior to public exhibition.

b)      authorise the Director Sustainable Environment & Economy to undertake a final review of the draft Strategy and Appendices to complete any necessary formatting, grammatical edits, diagrams and/or other ‘non-policy’ updates to ensure a suitable standard for public exhibition.

c)      publicly exhibit the draft Strategy and Appendices for a minimum period of 6 weeks in early 2019 accompanied by the Site Suitability Analysis (Attachment 3 – E2018/110225) and Housing Needs Report (Attachment 4 – E2018/108745) as supporting information.

b)      endorse the public communication and engagement strategy contained in Attachment 5 (E2018/109995)

 

2.       That a second Planning Charrette/Workshop be held prior to public exhibition to allow more detailed consideration of new release / infill areas, with the results to be included in the draft Strategy appendices.

 

 

Attachments:

 

1        Draft Byron Shire Residential Strategy December 2018, E2018/111362  

2        Appendices - Table of Contents, status summary and select sections, E2018/110199  

3        Site Suitability Analysis and Mapping (Dec 2018), E2018/111492  

4        Byron Housing Needs Report, E2018/108745  

5        Communication and Engagement Plan - draft Residential Strategy, E2018/109995  

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

 

 


 

Report

Background

 

Preparation of the residential strategy commenced in late 2014. An overview of the strategy process to date is shown below.

 

Figure 1 – Overview of Strategy Process

 

Council at its 21 June 2018 Ordinary Meeting resolved (Res 18-410) to have the residential strategy finalised by the end of this year. This was reaffirmed at the 20 September 2018 Ordinary Meeting resolved (Res 18-624).  This report presents the draft Strategy and supporting documents for Council’s consideration and for further refinements before it is placed on public exhibition

 

Draft Residential Strategy (Attachment 1)

 

The Byron Shire Residential Strategy (Strategy) will be one of Byron Shire Council’s main growth management strategies. It is Council’s policy framework and action plan that guides residential development in urban areas for at least the next 20 years. The strategy relates to future housing in the urban areas of Bangalow, Brunswick Heads, Byron Bay, Mullumbimby, New Brighton, Ocean Shores, South Golden Beach, Suffolk Park and Sunrise.

The draft Strategy has been prepared having regard to the wider state/regional planning framework, Byron Housing Needs Report (2015), council resolutions and feedback from a range of community engagement undertaken during the last 3 years. It seeks to provide a clear vision and policy framework for the Shire’s urban residential lands, with a key focus on ‘where’ and ‘what type of’ future housing will need to be delivered to accommodate future population growth. 

It recognises that delivering greater housing diversity is key to maintaining community diversity and social cohesion in our towns and villages.  In Council’s Community Strategy Plan 2028, improved housing choice, diversity and equity are considered key elements of managing growth and change responsibly.  

 

To align with the North Coast Regional Plan (NCRP) the draft strategy has a 2016-2036 planning horizon. The NCRP recommends a minimum housing supply that Byron Shire will need to plan for of 3,150 dwellings by 2036. Not all homes will be delivered in the urban areas; using this figure some 2720 new dwellings are expected in our urban areas with the balance of 430 dwellings in our rural villages and surrounding rural areas.

 

Key highlights from the draft strategy are provided below:

 

1)   The draft strategy is seeks to achieve more than just meeting a minimum supply of houses as stated in the NCRP over the next 20 years.   Importantly it’s about future-proofing housing opportunities for our diverse demography by:

P    Providing greater housing choice, diversity and accessibility

à for a range of incomes, lifestyle choices, household types and life
      stages
à in turn, maintaining community diversity

P    Enabling ageing in place 

P    Making housing more accessible (young people, key workers, families)

P    Understanding the variation in households, house types and housing character between
        urban areas (eg.  Bangalow, Mullumbimby)

P    Respecting local character whilst supporting a shift towards more diverse housing types

P    Making dwellings “homes” again

 

2)   Council at its 20 September 2018 Ordinary Meeting resolved (Res 18-624) to hold a one-day charrette to inform the draft strategy preparation. The two main goals for the charrette were:

·    To agree on priority housing principles and directions (to be included in the strategy) that will best meet the shire’s housing needs to 2036.

·    To identify actions for infill and new release development that would support the strategy’s implementation.

 

Information on the charrette process and outcomes is contained in ‘Appendix 2’ of the draft strategy (Attachment 2).

 

3)   The draft strategy is structured around the four key policies reflecting agreed outcomes of the 2 November Charrette:

*    Policy 1 - Providing suitable land for housing

*    Policy 2 - Improving housing choice, diversity and equity

*    Policy 3 - Housing that reflects the ‘local’ in our places

*    Policy 4 – Make our neighbourhoods local

 

Each policy has been set out with a context, a response indicating the outcome sought, a set of planning directions and actions to achieve the outcome.

 

4)   The majority of future housing stock will be located in our urban areas with new housing supply between 2016-2036 expected to be provided in the following ways:

 


 

Table 1: Expected urban housing supply allocation between 2016-2036

Source of land for housing

 

Estimated dwelling yield 1.

% of future additional urban housing

All ready supplied between July 2016 – 2018 within existing urban areas

235 dwellings 2.

8%

Vacant (undeveloped) Residential Zoned land

 

1340 dwellings

47%

Infill (new housing built in established neighbourhoods that are already zoned)

780 dwellings

27%

New release (currently non-residential land that has been identified as suitable for future urban housing development)

500 dwellings

18%

Total estimated dwelling yield

2855 dwellings

100%

1.  Certain dwelling supply assumptions may only be realised if there are suitable planning mechanisms in place to encourage and support greater housing choice, diversity and accessibility.

2.  The NCRP housing supply for Byron Shire includes dwellings approved since 2016.

 

Analysis and supporting information on the dwelling yield estimates is contained in the Appendices (Attachment 2) and a separate Site Suitability Analysis (Attachment 3).

 

5)   The draft Strategy (Attachment 1) contains local character narratives for the following residential localities:  Ocean Shores-New Brighton-South Golden Beach (combined), Brunswick Heads, Mullumbimby and Bangalow.  The narratives* have been informed by previous guidance group engagement and will help guide assessment of future low rise medium density development proposals with for these localities, as well as other housing forms. 

[*Preparation of draft character narratives for Byron Bay, Sunrise Beach and Suffolk Park will occur in consultation with key stakeholders of these communities prior to public exhibition]

6)   The draft Strategy is supported by a separate Site Suitability Analysis (Attachment 3) that identifies opportunities and constraints to future residential housing delivery in the Shire, which in turn has informed the dwelling estimates in Table 1 above. It is also supported by the Housing Needs Report prepared in 2015 (Attachment 4).

 

‘Working Draft’ only

Resolution 18-410 substantially brought forward the timetable for finalising the draft Strategy to the December 2019 meeting. A consequence of implementing Council’s resolution is that the main strategy documents (Attachments 1 and 2) are not in a ‘final’ form suitable for exhibition.  The draft Strategy is a robust document that is largely complete and reflects the 2 November charrette outcomes, while the supporting appendices are a work-in-progress that will need to be finalised prior to exhibition. As a result, this report recommends that Council authorise the Director – Sustainable Environment & Economy to undertake a final internal review of these documents to include any necessary formatting, grammatical edits, diagrams, appendices and/or other ‘non-policy’ updates to ensure a suitable standard for public exhibition.

 

 

Public Exhibition

It is anticipated that exhibition of the draft Strategy will commence in early 2019 and run for a minimum of six weeks.   A communication and engagement strategy has been prepared (Attachment 5) to guide the exhibition process, which is likely to include the use of interactive web site survey/s, media releases, information stalls and other means of informing and engaging the wider community. It also identifies pre-exhibition activities including a second planning charrette/workshop and additional meetings with key stakeholders including Guidance Groups to inform residential character narratives.

 

 

Financial Implications

 

The cost of preparing the draft Strategy has been met by Council.

 

Statutory and Policy Compliance Implications

 

The draft Strategy and supporting information is consistent with the relevant Commonwealth, State and Regional policy frameworks. 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.15

 

 

Report No. 13.15         PLANNING - Strategic Planning Projects Update

Directorate:                 Sustainable Environment and Economy

Report Author:           Alex Caras, Land Use Plannning Coordinator  

File No:                        I2018/2187

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

This report provides a brief update on key strategic planning projects in the Environmental and Economic Planning division of Council. 

 

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

That Council note the status, next steps and target completion dates for the key projects identified in this report.

 

 

Attachments:

 

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

 

 

 


 

Report

Among the key actions identified in Council’s four year Delivery program is to prepare or undertake a number of forward planning studies, strategies and plans relating to the delivery of a range of environmental, natural and built outcomes.

 

This report presents a brief update on key strategic planning projects in the Environmental and Economic Planning division of Council, as outlined below.

 

 

Project

 

Status Update and next steps

Target

dates

 

 

 

 

 

 

Rural Land Use Strategy

 

RLUS endorsed by DPE.

 

Key actions being delivered from the Rural Land Use Strategy include:

 

•     Rural Function Centre Planning Controls – Gateway determination has been received and the Planning Proposal is currently on a six week exhibition period including four community workshops. The Planning Proposal would see Function Centres as permissible with consent in the RU2 zone. It would also introduce a new clause under Part 6 of the BLEP Additional Local Provisions that specifies both site suitability and management controls that would need to be considered during the DA process.

 

•     RU6 Transition Zone – informal exhibition finished on 19 October; report on feedback to be presented to Council in early 2019.

 

 

•     Planning Proposal for Linneaus Site - Lot 1 DP 1031848, Broken Head reported to 22 November Ordinary Meeting.

 

•     E Zone Review – see details below.

 

 

 

 

 

 

 

February 2019 (public submissions report to Council)

 

 

 

 

 

 

 

February 2019 (public submissions report to Council)

 

pending Councils further consideration

 

 

 

 

Residential Land Use Strategy

               

Refer to separate report in 13 December Ordinary Meeting agenda.

 

June 2019 (public submissions report to Council)

 

 

 

 

Employment Lands Strategy

 

Twelve week exhibition period finished on 1 November 2018.

 

Submissions report along with final Strategy expected to go to Council for adoption in the new year.

 

March 2019 (public submissions report to Council)

 

 

 

 

E zone Review

 

 

 

Gateway approval received for the first Planning Proposal (submitted to DPE in late June 2018). Exhibition to commence in early 2019.

 

 

 

Work has commenced on the second planning proposal which should be submitted to DPE by end of 2018.

 

More detailed E zone status report presented to the 22 November Ordinary Meeting, identifying additional budget requirements to complete remaining work.

 

 

A third planning proposal should be reported to Council around mid-2019, before Gateway submission to DPE.

 

 

 

PP#1 – February 2019  (public exhibition)

 

PP#2 – pending Gateway Determination

 

 

PP#3 – June 2019 (report to council on draft Planning Proposal)

 

 

 

 

Lot 22 Mullumbimby land rezoning and reclassification

 

Planning proposal exhibited for 6 weeks from 31 October to 12 December 2018. A series of interactive ideas drop-in sessions and other engagement activities were undertaken.

 

A submissions report together with a final planning proposal to Council for adoption in the new year.

 

 

February 2019 - Public Hearing

 

March 2019 (public submission report to Council)

 

 

 

 

 

“Accessible Housing Project” EOI sites

 

Staff progressing EOI early implementation sites in accordance with Res 18-543(3)

 

Five landowners have re-confirmed interest in proceeding to the planning proposal stage  ¾  4 from Mullumbimby and 1 from Bangalow. 

 

Subsequent meetings held with affected landowners to discuss assessment and other information requirements prior to lodging a planning proposal.

 

Further progress updates to be reported to Council in the new year.

 

 

 

 

Pending landowner lodgment of planning proposals

 

 

Financial Implications

Projects are being delivered through existing budgets.

 

Statutory and Policy Compliance Implications

The proposed actions to progress these projects are consistent with the relevant Commonwealth, State and Regional policy frameworks.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.16

 

 

Report No. 13.16         Draft Emissions Reduction Strategy - Endorsement for Public Exhibition

Directorate:                 Sustainable Environment and Economy

Report Author:           Hayley Briggs, Sustainability and Emissions Reduction Officer

File No:                        I2018/2189

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

 

This report presents the draft emissions reduction strategy, titled Net Zero Emissions Strategy for Council Operations 2025 (the Strategy), for Council’s consideration to place on public exhibition.

 

The overall aim of the Strategy is to map a path for future action that Council will follow in order to reduce emissions from Council operations. The Strategy is founded on Council’s target of net zero emissions by 2025, with the recently established 2015/16 baseline of Council operations.

 

Fugitive emissions from sewage treatment plants currently comprise 34% of Council’s emissions profile. In preparing the Annual Emissions Report for Council’s Operations for 2017/18 it appears that the calculations for the fugitive emissions from sewage treatment plants were overestimated. This will have a positive impact on Council’s emissions baseline, enabling Council to reach its net zero emissions target sooner. At the time of writing this report consultants are currently working to recalculate the fugitive emissions for each year from 2015/16 to 2017/18. The revised baseline will be confirmed in the Annual Emissions Report for Council’s Operations for 2017/18 being presented to Council in February 2019. Any changes to the baseline will be amended in the Strategy prior to exhibition. 

 

The Strategy also acknowledges and provides a pathway for realising Council’s commitment to source 100% of its electricity through renewable energy by 2027. Through the implementation of the Strategy, Council will clearly demonstrate its commitment to a zero emissions future as well as how we will support our community to achieve this target.

 

The draft Strategy has been developed with the assistance of the Sustainability and Emissions Reduction Advisory Committee and has been peer reviewed by Nik Midlam, Manager of Carbon strategy at City of Sydney. It is now presented to Council for consideration and endorsement for public exhibition.

 

  

 

RECOMMENDATION:

That Council:

 

1.       Endorse the attached emissions reduction strategy, Net Zero Emissions for Council Operations 2025 (Attachment 1 – E2018/109536), for six weeks public exhibition in early 2019.

 

2.       Note that Council’s Annual Emissions Report for Council’s Operations for 2017/18 will be reported in February 2019 and that this report will confirm Council’s 2015/16 baseline.

 

3.       Authorise the Director Sustainable Environment and Economy to make any minor amendments prior to exhibition, including but not limited to any necessary updates to Council’s 2015/16 emissions baseline, as well as minor edits and formatting.

 

 

Attachments:

 

1        Emissions Reduction Strategy - Draft Version for December 2018 Council Meeting - November 2018, E2018/109536  

 

 

 


 

Report

 

At Ordinary Meeting 23 March 2017 resolution 17-086 was developed and included two specific targets:

§  Council commits to achieving 100% net Zero Emissions by 2025 in collaboration with Zero Emissions Byron (ZEB).

§  Council commit itself to source 100% of its energy through renewable energy within 10 years.

 

On 2 August 2017 the Executive Team considered a follow up report to Resolution 17-086 and considered the delivery of an Emissions Reduction Strategy for Council, to meet these targets.

 

How does the Strategy fit within Council’s planning process?

 

1)      The Strategy reflects all international, federal, state and regional plans and targets.

2)      It complements the Byron Shire Council (BSC) overarching Community Strategic Plan (CSP). The Strategy recognises the growing interest in emissions reduction projects and renewables observed in the Byron Shire, which is highlighted in the CSP.

3)      The Strategy is further complemented and supported by a number of other Council policies and strategies (including but not limited to the Employment Lands Strategy, Rural Land Use Strategy, and the draft Sustainable Visitation Strategy). Many of these strategies already incorporate environmental and sustainable principles, and work is being done to strengthen those with room for improvement.

4)      Projects will be rolled down into the Delivery Program (4 years) and Annual Operational Plan.

5)      There will be annual reports on Council’s progress towards the 2025 and 2027 targets through the annual Greenhouse Gas Emissions Report, and regular updates to the Strategy to report progress every three years, with the first update to be published in 2022. 

 

Key points to note about the draft Strategy include:

 

1)      The Strategy is intended to be a dynamic, high-level document. As mentioned above, detailed implementation actions and detailed timelines will be rolled down into the Delivery Program (4 years) and the annual Operational Plan.

2)      The Strategy has been developed in consultation with key stakeholders, including internal staff, Zero Emissions Byron, and the Sustainability and Emissions Reduction Advisory Committee.

3)      This is a net zero emissions plan, not a zero emissions plan. To clarify, Council will not be able to eliminate all emissions completely, as least not in the foreseeable future, so we will work to reduce our emissions as much as possible by 2025, at which point we will then need to offset the remaining emissions.

4)      There was a Notice of Motion in October 2018 which resulted in the Climate Change Emergency Declaration (Resolution 18-680). In response, staff went back and reshaped the structure and content of the Strategy somewhat to be based loosely on the Darebin Climate Emergency Plan.  

 

Key highlights from the draft Strategy include:

 

1.       Premise of the strategy: Byron Shire Council accepts the findings of the Intergovernmental Panel on Climate Change (IPCC) that in order to avoid the most catastrophic effects of climate change, the increase in average global temperature must not exceed 2°C. To achieve this, global greenhouse gas emissions must be reduced by at least 80% below 1990 levels by 2050. Climate change is a natural process of long term variations in climate conditions differing from the average conditions of a previous time. For thousands of years climate change has occurred as a natural cycle where global temperatures have slowly cooled and heated. However, recent human activity such as the burning of fossil fuels, deforestation and land-use change has altered the Earth’s reflective capacity and increased the greenhouse effect, thus increasing global temperatures. Scientific evidence tells us that increasing levels of greenhouse gases in the earth’s atmosphere are having a profound effect on our climate and oceans and the earth’s ecological systems.

 

2.       Decision making guide: Council has developed a five-step hierarchy to guide its decision-making around achieving net zero emissions and 100% renewable energy for its operations: (1) avoid using energy in the first instance; (2) reduce energy use of operations where possible; (3) replace existing energy supplies from fossil fuels with renewables; (4) invest in high-quality offsets; and (5) review and optimise processes and projects. 

 

3.       To reach net zero emissions, Council will:

a.       establish its emissions baseline (this has been done for 2015/16);

b.       implement emissions reduction projects (some projects have been implemented; some are close to implementation; others haven’t been conceived of yet!);

c.       offset any remaining emissions that can’t be reduced to zero by 2025. Beyond 2025, Council will continue to work towards reducing those remaining emissions that are being offset; and    

d.       work towards getting certified as carbon neutral under an appropriate carbon neutrality scheme (potentially the National Carbon Offset Standard, but other options will also be explored).

 

4.       Council Emissions Profile: Using the National Greenhouse and Energy Reporting (NGER) methodology, Council calculates emissions across six sectors for scope 1 and scope 2 emissions.  Council’s emissions profile for the 2015/16 financial year will be used as the baseline against which future emissions progress will be measured. The total annual GHG emissions for Byron Shire Council for 2015/16 were calculated as 25,500 tonnes carbon dioxide equivalent. As mentioned in the introduction, the recently discovered calculation error for sewage treatment plant fugitive emissions may mean that this baseline will be adjusted downwards in the Annual Emissions Report (to be presented to Council in February 2019).

 

5.       Byron Shire Council – completed actions: Council has already taken a number of steps down the path to carbon neutrality and 100% renewable energy. Sustainability and emissions reduction projects have been implemented under the Greenhouse Action Strategy 2004 and the Byron Shire Low Carbon Strategy 2014 since 2004. Key projects include Electric Vehicle and Bike Strategies, implementation of sustainable investment and procurement policies, landfill gas capture and flaring as well as support for Community Gardens, food grown on footpaths and sustainability events such as Renew Fest, Wold Environment Day and Sustainable House Day. To date, Council has installed over 215kw of solar on its assets and has plans to install a further 7.8MW.

 

6.       Council projects in the pipeline: Council is actively researching a wide variety of new projects to reduce emissions and transition to renewable energy for its operations. The below projects are at varying stages of investigation and implementation. As they start to come online in the near future, Council will gain a clearer picture of what remains to be done to achieve its 2025 and 2027 goals.

a.       Further solar installations at Council assets, including a Solar Farm at Dingo Lane, Myocum (2-7MW); a solar carpark structure at the Council administration centre in Mullumbimby (99kW) and solar at various sewage treatment plants.

b.       Energy Efficiency Program

c.       Bioenergy Facilities at Sewage Treatment Plants

d.       Local Electricity Trading

e.       Street Lighting Efficiency

f.       Hydrogen fuel cells

g.       Sustainability Guidelines Template

h.       Strengthening sustainable investment and procurement policies

i.        Brunswick Valley Sustainability Centre

j.        Offsetting mechanisms

k.       Environmental Upgrade Agreements

l.        Social Access Solar Gardens Project

m.     Advocate for the removal of legislative and taxation impediments to, and explore incentives for investment in renewable energy and sustainable practices

n.       Sustainable Events Toolkit

Public Exhibition

 

It is anticipated that the exhibition period will run for a minimum of six weeks and include the use of interactive web site survey/s, media releases, information stalls and other means of informing and engaging the wider community.

 

Summary and recommendation

 

This report presents key highlights of the draft Net Zero Emissions Strategy for Council Operations 2025. It is recommended that Council exhibit the draft Strategy (Attachment 1) for six weeks in early 2019 in order to gain public feedback before the final version is presented to Council in May 2019.

 

Financial Implications

 

The cost of preparing the draft Strategy is included in the 2018/19 budget.

 

Emissions reduction and the transition to 100% renewable energy can both cost and save Council depending on the project. Projects listed in the Strategy will need to be assessed for financial viability on a case by case basis.

 

Statutory and Policy Compliance Implications

 

Council has no statutory obligations to produce an emission reduction strategy.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.17

 

 

Report No. 13.17         PLANNING - 10.2018.237.1 Dwelling House and three swimming pools at 168 Grays Lane Tyagarah

Directorate:                 Sustainable Environment and Economy

Report Author:           Dylan  Johnstone, Planner

Noreen Scott, EA Sustainable Environment and Economy

File No:                        I2018/2222

Theme:                         Sustainable Environment and Economy

                                      Development and Certification

 

 

Proposal:

DA No:

10.2018.237.1

Proposal description:

Dwelling House and Three (3) Swimming Pools

Property description:

LOT: 4 DP: 748585

168 Grays Lane TYAGARAH

Parcel No/s:

31100

Applicant:

Mrs J Salera

Owner:

Mr A M & Mrs J Salera

Zoning:

RU2 Rural Landscape / PART DM Deferred Matter (1a General Rural Zone)

Date received:

17 May 2018

Integrated Development:

No

Public notification or exhibition:

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

-    Exhibition period: 1/6/18 to 14/6/18

-    Submissions received: Nil

Delegation to determination:

Council

Issues:

·    SEPP 1 objection – Building height

 

 

Summary:

This application seeks development consent for a dwelling house and three (3) swimming pools on rural land at Grays Lane Tyagarah. The property is partly zoned RU2 Rural Landscape and 1(a) General Rural under Byron LEP 2014 and LEP 1988, respectively. The subject property has an area of 6.26 ha and contains a shed on it at present.   

 

The proposal is generally consistent with Council’s planning controls other than the height provisions under Byron LEP 1988, and the cut and fill provisions under DCP 2010 and DCP 2014. The dwelling is circular in shape with a “Ying and Yang” element to the design and is cut partly into the slope of the land and comprises three levels.

 

The proposed upper floor level of the building does not comply with the maximum permitted topmost floor level of 4.5m as required by Clause 40 of Byron LEP 1988. A SEPP 1 Objection was submitted by the applicant. In this regard the part of the topmost floor level of the building located higher than 4.5m above the existing ground level does not present any significant visual or environmental impact. It is also noted that had the land fell entirely within the Byron LEP 2014, the need for the variation is not required. It is considered that strict compliance with the 4.5m above the existing ground level development standard is not warranted in this instance.

 

A variation is also sought to the cut and fil provisions under both Byron DCP 2010 and 2014 with earthworks exceeding a metre in depth in support for the ground floor car park, storage areas, bedrooms and other living areas. A variation is supported in this instance with the works integrating with the contours of the land and unlikely to visually impact upon the scenic amenity of the area.

 

The proposal is unlikely to generate any deleterious impacts upon the built or natural environment and the site has been previously considered and approved for a dwelling seeking similar variations to the height controls in the past. The application is recommended for approval subject to conditions of consent. 

 

NOTE TO COUNCILLORS:

 

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

 

  

 

RECOMMENDATION:

That pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, development application 10.2018.237.1 for dwelling house and three (3) swimming pools, be granted consent subject to conditions in Attachment 3 #E2018/109068

 

 

Attachments:

 

1        Proposed Plans 10.2018.237.1, E2018/108746  

2        Plans previously approved under DA 10.2014.229.1, E2018/108749  

3        Condtions of consent , E2018/109068  

 

 


 

 

 

 

Assessment:

 

1.         INTRODUCTION

 

1.1.          History/Background

 

The property has had approvals for three dwellings in the past. These have not been constructed

 

6.1989.2627.1 – Dwelling – approved 31/01/89

10.2011.311.1 – Dwelling – approved 11/01/12

10.2014.229.1 – Dwelling – approved 09/07/14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved DA Plans under DA10.2014.449.1

 

1.2.          Description of the proposed development

 

This application seeks approval for dwelling house and three (3) swimming pools. The proposed dwelling contains six bedrooms and three storeys including a basement level.

 

The proposed dwelling house has been uniquely designed with the aim being to complement the existing landscape and minimise any potential visual impacts. To achieve this the proposal has used a combination of a circular design which follows the contours of the land, a partially landscaped roof and earthworks.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Extract – Part Site Plan

                   

 

Proposed dwelling site looking east

 

1.3.          Description of the site

 

Land is legally described as

LOT: 4 DP: 748585

Property address is

168 Grays Lane TYAGARAH

Land is zoned:

RU2 Rural Landscape / PART DM Deferred Matter

Land area is:

6.26 ha

Property is constrained by:

 

Flood Liable Land, Bushfire prone land, Acid Sulfate Soils Class 3,     High Conservation Value, High Environmental Value, Cattle Dip Buffer 

 

Eastern Elevation

 

2.         SUMMARY OF REFERRALS

 

Referral

Issue

Environmental Health Officer

No objections subject to conditions attached to this report.

Development Engineer

No objections subject to conditions attached to this report.

S64 / Systems Planning Officer

No objections to the proposal.

Rural Fire Service (4.14)

No objections subject to conditions attached to this report.

 

3.         SECTION 4.14 – BUSH FIRE PRONE LAND

 

Under section 4.14 of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land, that the development complies with the document Planning for Bush Fire Protection 2006. The site is bush fire prone land. The development application was referred to the NSW Rural Fire Service, which provided conditions which are reflected in the Recommendation of this Report below.

 

EFFECT OF 10/50 RULE ON SIGNIFICANT VEGETATION

 

The site is a designated 10/50 vegetation clearing entitlement area. RFS conditions will require an APZ of 25m therefore the 10/50 rule will not have any further impact on significant vegetation.

 

4.         SECTION 4.15C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES

 

Having regard to the matters for consideration detailed in Section 4.15(1) of the Environmental Planning & Assessment Act 1979 (EP&A Act), the following is a summary of the evaluation of the issues.

 

 

4.1       State Environmental Planning Instruments

 

 

Satisfactory

Unsatisfactory

State Environmental Planning Policy No 1—Development Standards

 

 

The proposed dwelling site is zoned partially RU2 Rural Landscape and partially DM Deferred Matter subject to LEP 2014. Therefore the application must satisfy the requirements of both LEP 2014 and LEP 1988. The portion of land zoned DM defers to 1(a) General Rural Zone pursuant to LEP 1988.

 

40 Height

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

(a) to achieve building design that does not exceed a specified maximum height from its existing ground level to finished roof or parapet,

(b) to ensure that the height and scale of development is appropriate to its location, surrounding development and the environmental characteristics of the land.

(2) The council must not consent to the erection of any building:

(a) on land within Zone No 3 (a), if:

(i) the floor of the topmost floor level of the building exceeds 7.5 metres above the existing ground level, or

(ii) the vertical distance between the topmost part of the building and the existing ground level below exceeds 11.5 metres, or

(b) on land within any other zone, if:

(i) the floor of the topmost floor level of the building exceeds 4.5 metres above the

existing ground level, or

(ii) the vertical distance between the topmost part of the building and the existing ground level below exceeds 9 metres.

 

Clause 40(2)(b)(i) requires that Council must not consent to the erection of any building within a 1(a) zone if the floor of the topmost floor level of the building exceeds 4.5 metres above the existing ground level. The proposed Dwelling House includes a topmost floor level located at 6.316m above existing ground level. A SEPP1 Objection was submitted to support the application.

 

The area subject to the variation includes floor areas within the bedroom, ensuite, lounge and

terrace on the top floor. The proposal complies with the overall 9 metre building height limit as shown below.

Section Plan (aardvark Design/Construction)

 

The below illustration depicts the area which exceeds the height controls under Byron LEP 1988.

 

Upper Floor Plan (aardvark Design/Construction)

 

The applicant has submitted the following in support of the SEPP 1 Objection to the development standard:

 

·    The proposed dwelling is considered consistent with the applicable zone objectives and the envisaged pattern of settlement that avoids land use conflicts.

·    The minor intrusion into the top floor height limit does not impinge on the consistency of the application with the zone objectives.

·    The attached Perspective Illustrations demonstrate the high-quality design of the dwelling, and its incorporation of features that enhance its integration into the surrounding natural

-      environment and rural landscape.

·    The proposed dwelling is considered to be of much higher quality than the existing approved dwelling which also contained a SEPP1 objection to the same standard.

·    The departure is minor and only applies in a small section of the dwelling that is not

-      highly visible.

·    The minor departure does not result in any adverse impacts on the environment or

-      any adjoining properties.

 

The applicant has also noted that this planning provision, contained within Clause 40 of the Byron LEP 1988, will no longer apply to the entire site, when the E zone planning proposal rezoning process means that the Deferred Matter areas on the site will be superseded by the Byron LEP 2014. The property is in the Planning Proposal #2 which is currently being finalised by Byron Shire Council. The site does not contain any proposed Environmental zones and will subsequently be entirely zoned as Zone RU2 – Rural Landscape under the Byron LEP 2014. The Byron LEP 2014 does not have a 4.5 metre height limit to the upper floor level of a building.

 

Comment:

 

The aims and objectives of SEPP1 are to provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act.

 

The submitted SEPP 1 objection is considered reasonable based on the following planning considerations:

 

·    The proposed non compliance results largely from the sloping nature of the site.

·    In terms of neighbourhood amenity the non compliant portion of the dwelling, is substantially setback a minimum of 50 metres from the Grays Lane front boundary and is not visible from Grays Lane due to a substantial vegetation buffer. 

·    It is noted that previous consent 10.2014.229.1 granted a variation to this same standard. The upper floor level of the previously approved dwelling has a portion that is more than 4.5 metres above existing ground level. The approved upper floor is 6.0m above existing ground level at its highest point with approximately 40m2 being over 4.5m. The proposed dwelling design is considered to be less visually intrusive than the previously approved design (approved plans are attached to this report).

·    The proposal is consistent with the objectives of the 1(a) General Rural Zone

·    The proposal is consistent with the objectives of Clause 40 of LEP 1988 as the design does not exceed the overall 9.0m maximum building height limit and the proposed height and scale are considered appropriate to its location, surrounding development and environmental characteristics of the land.

·    The proposal is consistent with the objectives of the aims and objectives of SEPP1.

 

It is recommended that a variation be granted to Clause 40 of Byron LEP 1988 pursuant to the provisions of State Environmental Planning Policy No.1

 

 

State Environmental Planning Policy No 55—Remediation of Land

 

SEPP 55 was considered for DA10.2011.311.1 for a rural dwelling.  The site is currently vacant and surrounding land is comprised of scattered rural residential properties.  The site is considered suitable for the intended use.  

 

Site inspection conducted by assessing EHO 3.10.2018, no evidence of signs of visual contamination.

 

State Environmental Planning Policy (Coastal Management 2018)

 

Clause 14 – Development on land within the coastal use area

 

(1)  Development consent must not be granted to development on land that is within the coastal use area unless the consent authority:

(a)  has considered whether the proposed development is likely to cause an adverse impact on the following:

(i)  existing, safe access to and along the foreshore, beach, headland or rock platform for members of the public, including persons with a disability,

(ii)  overshadowing, wind funnelling and the loss of views from public places to foreshores,

(iii)  the visual amenity and scenic qualities of the coast, including coastal headlands,

(iv)  Aboriginal cultural heritage, practices and places,

(v)  cultural and built environment heritage, and

(b)  is satisfied that:

(i)  the development is designed, sited and will be managed to avoid an adverse impact referred to in paragraph (a), or

(ii)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(iii)  if that impact cannot be minimised—the development will be managed to mitigate that impact, and

(c)  has taken into account the surrounding coastal and built environment, and the bulk, scale and size of the proposed development.

(2)  This clause does not apply to land within the Foreshores and Waterways Area within the meaning of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.

 

The subject site is located within the coastal use area and the proposal is consistent with the provisions of Clause 14 of the Coastal Management SEPP.

 

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

 

 

4.2A  Byron Local Environmental Plan 2014 (LEP 2014)

 

LEP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act because it applies to the subject land and the proposed development. The following LEP 2014 clauses are of relevance to the proposed development:

 

Land Use Table

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

(a)     The proposed development is defined in the LEP 2014 Dictionary as Dwelling                                Swimming Pool;

(b)     The land is within the RU2 Rural Landscape / PART DM Deferred Matter (1a General Rural Zone) according to the Land Zoning Map;

(c)     The proposed development is permitted with consent; and

(d)     Regard is had for the Zone Objectives as follows:

 

Zone Objective

Consideration

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

The proposal will not impact on the agricultural viability of the land or adjoining lands

To maintain the rural landscape character of the land

The proposed dwelling house is consistent with the existing character of the locality

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

The proposal is compatible with adjoining land uses

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

The proposal is associated with residential purposes only

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

The proposed dwelling house is located to ensure the minimisation of impacts on the environment and scenic qualities in the locality.

 

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

In accordance with Clause 4.2A(3)(c) the lot enjoys a dwelling entitlement.

 

 

Clause 4.3 Height of Buildings

The proposed new dwelling complies with the permitted 9.0m maximum building height.

 

Clause 6.1 Acid Sulfate Soils

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

 

Clause 6.3 Flood Planning

The house site is elevated and flood free.

 

Clause 6.6 Essential Services

Potable water is proposed to supply the development through rainwater tanks. Electricity and telephone services are available to the dwelling site. The proposed onsite sewage management system is deemed to be acceptable.

 

An existing driveway access to Grays Lane services the site. An alternate access is existing from Grays Lane as a fire escape trail. The crossover for the fire escape trail is not constructed to Council’s standards and will be required to be upgraded to comply via  a recommended condition of consent.

 

4.2B  Byron Local Environmental Plan 1988 (LEP 1988)

 

LEP 1988 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act because it applies to the subject land and the proposed development. The following LEP 1988 clauses are of relevance to the proposed development:

 

In accordance with LEP 1988 clauses 5, 8 and 9:

(a)     The proposed development is defined in the LEP 1988 Dictionary as Dwelling House;

(b)     The land is within the 1 (a) General Rural Zone according to the map under LEP 1988;

(c)     The proposed development is permitted with consent; and

(d)     The proposed development is consistent with the relevant objectives of the Zone for the following reasons:

 

Zone Objective

Consideration

(a)  to encourage and permit a range of uses creating a pattern of settlement, at a scale and character that maintains or enhances the natural, economic, cultural, social and scenic amenity of the rural environment of the Shire of Byron,

The proposed dwelling house is of a scale and character that complements the existing natural environment and does will not adversely affect the existing amenity of the area

(b)  to encourage and permit a pattern of settlement which does not adversely affect the quality of life of residents and visitors and maintains the rural character,

The proposed dwelling house is of a design that maintains the rural character of the locality and will not adversely affect the existing amenity of the area

(c)  to ensure development only occurs on land which is suitable for and economically capable of that development and so as not to create conflicting uses,

The proposal is for domestic use only

(d)  to allow the use of land within the zone for agricultural purposes and for a range of other appropriate purposes whilst avoiding conflict between other uses and intensive agriculture,

The proposed dwelling house will be used in association with the existing use of the land and will not result in any significant land use conflict

(e)  to identify lands (shown hatched on the map) which in the opinion of the council possess a limited capability for more intensive uses or development,

The proposal is not located on such lands

(f)  to restrict the establishment of inappropriate traffic generating uses along main road frontages other than in road side service areas,

The proposal is for domestic purposes only and will not significantly increase traffic generation to and from the site

(g)  to ensure sound management of land which has an extractive or mining industry potential and to ensure that development does not adversely affect the potential of any existing or future extractive industry,

The land does not have any apparent extractive or mining industry potential

(h)  to enable the provision of rural tourist accommodation and facilities only where such facilities are compatible with the form and density of the nature of the locality, and

The proposed dwelling house is to be used for domestic purposes only

(i)  to permit the development of limited light industries which do not pose any adverse environmental impact, (eg software manufacture and film processing), and

The proposed dwelling house is to be used for domestic purposes only

(j)  to ensure that the development and use of land shown cross-hatched on the map adjacent to areas of significant vegetation and wildlife habitat do not result in any degradation of that significant vegetation and wildlife habitat, and that any development conserves and protects and enhances the value of the fauna and flora.

The proposal is not located on such lands

 

Clause 15 Dwelling Houses

 

In accordance with Clause 15(2A)(c) Lot 4 DP 748585 is identified as having a dwelling entitlement.

 

Clause 24 Development of Flood Liable Land

 

Council’s GIS identifies that the site is within the flood planning area. The proposed finished floor level of the basement level of the dwelling is 36 m AHD which is well above the flood level.

 

Clause 40 Height

The proposed new dwelling complies with the permitted 9.0m maximum building height. However the proposal does not comply with the requirement that the floor of the topmost floor level of the building be a maximum 4.5m above the existing ground level. The application requires a SEPP 1 objection which is discussed in section 4.1 of this report.

 

Clause 45 Provision of Services

As discussed above under Byron LEP 2014, Access and services to the site can be provided.

 

Clause 52 Tree Preservation

A qualified bushfire consultant engaged by the applicant has advised that no native vegetation is required to be removed in order to achieve compliance with Planning for Bushfire Protection 2006. A recommended condition will require that no native vegetation is removed.

 

Clause 63 Acid Sulfate Soils

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

 

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

 

Not applicable.

 

4.4A  Byron Shire Development Control Plan 2014 (DCP 2014)

 

DCP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP& A Act because it applies to the land to which LEP 2014 applies. The following DCP 2014 chapters are of relevance to the proposed development:

 

B2 Preservation of Trees and other Vegetation

An area mapped as High Ecological Value vegetation (subtropical rainforest) exists within the vicinity of the proposed dwelling site. A qualified bushfire consultant engaged by the applicant has advised that no native vegetation is required to be removed in order to achieve compliance with Planning for Bushfire Protection 2006. A recommended condition will require that no native vegetation is removed.

 

B3 Services

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

 

B6 Buffers and Minimising Land Use Conflict

The proposed new dwelling house is located adjacent to small rural holdings that are not utilised for any significant primary production purposes. Therefore the proposal is unlikely to present any significant land use conflict issues.

 

B14 Excavation and Fill

The application proposes approximately 3.5m of excavation works which does not comply with the 1.0m maximum prescriptive measure of the DCP. A recommended condition attached to this report will require a certificate from a professional Engineer experienced in Geotechnical Science to demonstrate that the site is stable and suitable for the proposed development prior to issue of any Construction Certificate. The proposed earthworks will facilitate siting of the dwelling such that it will integrate with the contours of the land and minimise any potential visual impact.

 

D2.2.3 Character and Visual Impact

The proposed dwelling house has been architecturally designed to complement the contours of the land and minimise the visual impact on the surrounding area. It is noted that a less complementary dwelling design was approved under consent 10.2014.229.1. This consent remains valid but will be required to be surrendered as a condition on any consent granted for a new dwelling house. A recommended condition will also require appropriate colours and materials be used to further minimise any potential visual impact.

 

4.4B  Byron Shire Development Control Plan 2010 (DCP 2010)

 

DCP 2010 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP& A Act because its purpose is to provide planning strategies and controls for various types of development permissible in accordance with LEP 1988. The following DCP 2010 chapters are of relevance to the proposed development:

 

Chapter 1 Parts:

A| B| C| D| E| F| G| H| J| K| L| N

Chapters:

4| 6| 7| 8| 9| 10| 11| 12| 14| 15| 16| 17| 18| 19| 20| 21| 22

 

 

C3.2 Building Design in Rural areas

The proposed dwelling house has been architecturally designed to complement the contours of the land and minimise the visual impact on the surrounding area. It is noted that a less complementary dwelling design was approved under consent 10.2014.229.1. This consent remains valid but will be required to be surrendered as a condition on any consent granted for a new dwelling house. A recommended condition will also require appropriate colours and materials be used to further minimise any potential visual impact.

 

C2.7 Extent of Earthworks

The application proposes approximately 3.5m of excavation works which does not comply with the 1.0m maximum prescriptive measure of the DCP. A recommended condition attached to this report will require a certificate from a professional Engineer experienced in Geotechnical Science to demonstrate that the site is stable and suitable for the proposed development prior to issue of any Construction Certificate. The proposed earthworks will facilitate siting of the dwelling such that it will integrate with the contours of the land and minimise any potential visual impact.

 

 

4.5       Any Planning Agreement or Draft Planning Agreement?

 

 

Yes

No

Is there any applicable planning agreement or draft planning agreement?

Consideration:

 

 

4.6       Environmental Planning & Assessment Regulation 2000 Considerations

 

Clause

This control is applicable to the proposal:

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

If this control is applicable, does the proposal comply?

92

Yes

Yes

Yes

93

No

N/A

N/A

94

No

N/A

N/A

94A

No

N/A

N/A

* Non-compliances and any other significant issues discussed below

 

4.7       Any coastal zone management plan?

 

 

Satisfactory

Unsatisfactory

Not applicable

Is there any applicable coastal zone management plan?

Consideration:

 

 

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

 

Impact on:

Likely significant impact/s?

Natural environment

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

Built environment

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

Social Environment

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

Economic impact

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

 

Standard conditions of consent recommended to control construction activities including hours of work, construction noise, builders waste and the like

 

4.9       The suitability of the site for the development

 

The site is considered suitable for the proposed development.

 

4.10     Submissions made in accordance with this Act or the regulations

 

The development application was publicly exhibited.

 

There were no submissions made on the development application:

 

4.11     Public interest

 

The proposed development is unlikely to prejudice or compromise the public interest or create an undesirable precedent

 

5.         DEVELOPER CONTRIBUTIONS

 

5.1       Water & Sewer Levies

 

No Section 64 levies will be required.

 

5.2       Section 7.11 Contributions

 

No Section 7.11 Contributions will be required.

 

6.         DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

 

Has a Disclosure Statement been received in relation to this application

No

Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.

No

 

Provide Disclosure Statement register details here: Not applicable

 

7.         CONCLUSION

 

The proposed development is generally consistent with the relevant environmental planning instruments and planning controls applicable to the site. The proposal raises no significant issues in terms of environmental impacts which cannot be managed and the site is considered suitable for the development. The application is recommended for approval subject to conditions of consent.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.18

 

 

Report No. 13.18         Update on Voluntary Visitor Fund

Directorate:                 Sustainable Environment and Economy

Report Author:           Gail  Fuller, Tourism Projects Officer

File No:                        I2018/2282

Theme:                         Sustainable Environment and Economy

                                      Economic Development

 

 

Summary:

 

At the 23 August Council meeting, it was resolved (18-556) that Council initiate a Voluntary Visitor Fund utilising the framework and governance structure which shows Council as the administrator of the fund with an industry led Steering Committee.

This status report updates Council on the activities and establishment of the Voluntary Visitor Fund (Byron Shire Visitor Fund).

 

  

 

RECOMMENDATION:

That Council note the update on the Voluntary Visitor Fund.

 

 

Attachments:

 

1        Agreement / Contract - Council and Voluntary Visitors Fund, E2018/109118  

2        Template - Form of Special Disclosure of Pecuniary Interest , E2012/2815  

 

 


 

Report

 

This report presents an update on the progress of and feedback on community meetings, engagement to date and administration set-up for the voluntary “Byron Shire Visitor Fund” (VVF).

 

A non-legally binding contract (Attachment 1) has been drawn up by Council’s legal department, outlining the terms of responsibility for and on behalf of Council as the administrator and the contributors.

 

Meetings have been held with proposed contributors and initial contracts have been sent for review and signage. Contributions are expected to commence on 1 January 2019.

 

Contributions have also been received since 1 October 2018 from Council administered holiday parks.

 

A Steering Committee will be established with Expressions of Interest expected to be called for in the New Year. The role of this Committee is to make recommendations to Council about the projects which should be funded by the contribution.

 

A website is currently being designed outlining the structure, benefit and intended projects. Contributors will be endorsed on the website as supporting and contributing to the beautification of the Shire. Requests for quotations will be sent by 10 December 2018.

 

Media releases will be released prior to Christmas to raise awareness of the establishment of the Byron Shire Visitor Fund to the community.

 

The fee structure has been updated from the original resolution model. This will enable a more streamlined consistent message to be delivered to the market place. All contributions are based on a per night / per booking basis.

 

New Fee Structure

 

50 cents     Backpackers and Youth Hostels

$1.00          Caravan Parks

$2.00          All other resorts, motels, hotels, and holiday managed properties

$1.00          Festivals* - per ticket sale

 

*North Byron parklands have a voluntary planning agreement that states a contribution of $1 per festival camping patron, per accommodation booking, up to a maximum of $120,000 per year.

 

The overall response from expected contributors to the VVF has been positive. Some concerns have been raised in regards to the audit process and the confidentiality of records from contributors. With the new fee structure auditing will only be required on visitor number nights per month overall and thus no need for single property statistics.

 

As many contributors receive up to 95% of bookings via third party sites like Booking.Com and AirBNB we are resolving some challenges with the collection process of these funds. Many sites collect fees from guests upfront, and only forward on tariff less their commission on departure to the property manager. Many do not have a category to collect an additional levy in their software programs. The local accommodation manager cannot collect direct from the guest as monies have been paid upfront. We are currently investigating this with third party providers.

 

Concerns were raised on the status of holiday letting in the Shire and the potential impacts of new planning rules and industry regulation changes proposed by the State Government. Established letting agencies are concerned about decreases in revenue and the impact for the market place.

 

Financial Implications

 

The Steering Committee, soon to be established, will make recommendations to Council about the projects which should be funded by the contribution.

 

Statutory and Policy Compliance Implications

 

Not applicable.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.19

 

 

Report No. 13.19         Australian Tourism Councils Advocacy Group Update Report

Directorate:                 Sustainable Environment and Economy

Report Author:           Gail  Fuller, Tourism Projects Officer

File No:                        I2018/2284

Theme:                         Sustainable Environment and Economy

                                      Economic Development

 

 

Summary:

 

At the 24 August 2017 ordinary meeting, Council resolved (17/358) to:

1.    Endorse the establishment of a Tourism Councils Advocacy Alliance (suggested name only, to be finalised by the Alliance).

2.    Support the Alliance being led by Byron Shire Council including the initial resourcing of the secretariat function to establish and run the Alliance.

3.    Endorse membership to the new Alliance being open to all Australian councils impacted by tourism, and that a letter of invitation for membership be sent to council Mayors, Councillors and/or General Managers – to be signed by both the Byron Shire Mayor and/or General Manager.

 

This status report updates Council on the activities and initial feedback from councils contacted.

 

Membership interest in the Australian Tourism Councils Advocacy Group (ATCAG) is very low with only two councils confirming commitment to join to date. Many smaller councils have joined together to form working groups attached to state tourism organisations for lobbying support.

 

The Australian Tourism Industry Council has requested we refrain from using the ATCAG name and are concerned about confusion and duplication within the industry.

 

Therefore it is recommended that ATCAG be dissolved and council consider creating a smaller councils working group consistent with Byron Shire’s tourism issues and challenges.

 

 

  

 

RECOMMENDATION:

That Council:

 

1.       Dissolve the Australian Tourism Councils Advocacy Group

 

2.       Request Staff investigate other channels or organisations to lobby the effects of tourism at a local and state level

 

3.       Consider creating a smaller working group of councils to work together with tourism challenges similar to Byron Shire across Australia

 

Attachments:

 

1        Letter from Australian Tourism Industry Council re concerns about Australian Tourism Councils Advocacy Group, E2018/109123  

 

 


 

 

Report

 

On 1 November 2018 a re-introduction email was sent to all councils Australia wide regarding support and membership for the Australian Tourism Councils Advocacy Group (ATCAG).

 

To date, 33 of over 500 Councils have responded to the invitation to join. Two councils have elected to join with the remaining 31 declining.  It is also noted that many Council’s CEOs and Mayors have passed communication onto tourism staff to engage with ATCAG.  The sole purpose of ATCAG was to have Mayors lobbying to government to be most effective.  Councils also identified a lack of funding to join the group.  No indication was received to participate on the working groups by Mayors or CEOs.

 

The initial meeting held in December 2017 clearly identified and voiced the tourism issues that many councils face.  Over the past 12 months many councils have engaged locally, joining together with other councils in their region to form smaller working groups to tackle the tourism issues.  Examples being:

·        Landmark Western City Deal – comprises 7 Councils

·        Cradle Coast in Tasmania - comprises 7 Councils

 

Many feel that they are already well represented in tourism lobbying through their current channels and tourism organisation networks.  General consensus from larger councils was that there would be no benefit to joining.

 

Furthermore a letter (Attachment 1) was received from the Australian Tourism Industry Council.

They stated that their business name ‘Australian Tourism Industry Council’ is registered with the Australian Securities & Investments Commission (ASIC) and as an existing, established name within the tourism industry, the similarly named Australian Tourism Councils Advocacy Group will only create confusion within the industry.  They have received numerous correspondence from concerned parties who have questioned the similarities between the two names and duplication of roles and have requested we refrain from use of the ATCAG name. They believe the creation of our group creates an unnecessary duplication to an industry which already has an overabundance of representative groups, therefore creating confusion and misunderstanding, whilst minimising the overall success of any advocacy achievable.

 

The Australian Local Government Association (ALGA) informed us that in February 2019 they will be voting to include a tourism sector to their organisation. They have a strong relationship with government and many identified issues like infrastructure are already part of their lobbying activity. They indicated that ATCAG would be another channel diluting their effectiveness.

 

Short-term Holiday Letting over the past 12 months is a primary focus of ATCAG.  Until a formal decision is made by local councils with state approvals surrounding minimum days permissible, the impact on local community cannot be ascertained and the next course of action determined.

 

Financial Implications

 

Council embarked on this project with the intention of covering the administration cost of the advocacy group.  The low joining membership numbers will not cover the continued cost to run the group.

 

Statutory and Policy Compliance Implications

 

Not applicable.

  


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                               13.20

 

 

Staff Reports - Infrastructure Services

 

Report No. 13.20         Open Space and Recreation Needs Assessment and Action Plan

Directorate:                 Infrastructure Services

Report Author:           Shannon McKelvey, Executive Officer

Michael Matthews, Manager Open Space and Resource Recovery

File No:                        I2018/2192

Theme:                         Infrastructure Services

                                      Open Space and Recreation

 

 

Summary:

 

The draft Open Space and Recreation Needs Assessment and Action Plan was publicly exhibited between 29 August and 29 November 2018. 30 submissions and 19 on line surveys were received. Following consideration some changes have been made and a final draft Open Space and Recreation Needs Assessment and Action Plan is attached for consideration by Council.

 

 

  

 

RECOMMENDATION:

That Council:

 

1.       Note the changes have been made to the draft following public submissions include:

 

          a)      Deletion of the recommendation that Heritage Park no longer be a dedicated                    off leash area unless fenced and associated update in the action plan and                         removal of reference to swimming

 

          b)      Inclusion of Rugby as an identified sport group associated with the Byron                       Bay Recreation Grounds

 

          c)      Update to the wording to note that Council has commenced public                                    consultation to consider the future use of Lot 22 Mullumbimby

 

          c)      Administrative changes to correct formatting and typographical errors

 

2.       Adopt the Open Space and Recreation Needs Assessment and Action Plan at           Attachment 1 (E2018/110511).

 

3.       Note the intention to periodically review the Open Space and Recreation Needs           Assessment for example following completion of the Crown Lands transition project           or to account for updated forecasts in population growth or dedication of spaces to           the network through developer contributions.

 

Attachments:

 

1        Open Space and Recreation Needs Assessment and Action Plan, E2018/110511  

2        Consultation Report, E2018/110509  

3        Copies of submissions (redacted), E2018/109033  

 

 


 

Report

 

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:

 

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

b.       Promotes the importance to community health and wellbeing of passive recreation in addition to active sport.

c.       Points to the changing nature of how we recreate and will do so in future.

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

e.       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.

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

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

 

This project started in April 2017 and the draft was completed but put ‘on hold’ in December 2017, when Council decided to carry out further investigation into the feasibility and cost/benefit of future options for aquatic facilities (Res 18-039). 

 

The project recommenced in July 2018 and the draft Plan was reported to Council on 23 August 2018 when Council resolved to endorse the draft for public exhibition and to receive a report back if submissions were received (Res 18-561).

 

Exhibition commenced in late August and, at the request of the Mullumbimby Residents Association, it was extended by a month, closing on 29 November 2018.

 

30 submissions and 19 online surveys were received. Following consideration some changes have been made and a final draft Open Space and Recreation Needs Assessment and Action Plan, as recommended to Council by staff, is attached.

 

A report on the consultation for this project is included at attachment 2. Consultation has been extensive and the level of input from the Byron Shire community has been at the same level as would be expected for Shires with much larger populations which has helped the project greatly.

 

The consultation report includes details of the submissions and survey comments received during public exhibition, along with information and comments from consultants Ross Planning and staff.

 

An overview of the submissions and survey comments is:

 

1.       30 submissions received, from 28 people or groups (3 provided more than one submission)

2.       19 on-line surveys

3.       59% of submissions were made by Mullumbimby and northern hinterland residents.

 

Please refer to the consultation report for detailed responses to each of the issues raised in each submission/survey. 

 

 

 

 

 

Some of the topics that were addressed by multiple people included:

 

1.       Keeping the existing unfenced off-leash dog area in Heritage Park Mullumbimby.

 

Around 30% of submissions and surveys requested this, including one submission signed by approximately 30 Mullumbimby residents. Many provided detailed explanations why this unfenced off-leash dog area is important, including:

·        Beneficial health and wellbeing, social and community resilience outcomes

·        The environment of this off-leash dog area being important, including it being unfenced, having shade and seating for owners and swimming for dogs

·        That there needs to be a non-beach off-leash area in the Shire for accessibility reasons

·        The importance of dog ownership and dog walking to older residents and residents with disabilities in helping reduce isolation and promoting support networks

 

There was 1 submission supportive of fencing the dog off-leash area and another that requested if fencing was required it be the children’s playground fenced rather than an area for dogs.

 

A review of Council records has located only one complaint in the last two years about inappropriate supervision of a dog in Heritage Park. 

 

Further, when developing the Plan of Management for Heritage Park, everyone will have another opportunity to consider and provide comment on this issue.

 

While some community support for fencing or removing the Heritage Park off-leash dog area is acknowledged, given the large number of submissions received in support, it is recommended that it be kept as is while the Plan of Management is being prepared and changes to achieve this have been incorporated into the attached Plan.

 

2.       Support for future use of Lot 22 for sport and recreation purposes.

 

Around 30% of submissions and surveys supported future use of Lot 22 for sport and recreation purposes and/or opposed its future use for housing. Some of the submissions were very detailed, others were form-letters. The Mullumbimby Residents Association submission was signed by 306 people (someone signed twice), nearly all Mullumbimby or northern hinterland residents.

 

One of the purposes of the Plan was to use an evidence-based approach to assess demand and identify any gaps that would need filling or any rationalisation opportunities. Future demand was assessed using both a standards approach and a needs-based approach. Lot 22 was identified as being excess to future demand and a potential rationalisation opportunity.  As an evidence-based document, staff do not recommend any changes to the Open Space and Recreation Plan in relation to Lot 22.

 

Council has commenced community engagement on the Planning Proposal that is considering the possible rezoning of Lot 22 for other future uses. That is a separate process that will include pre-consultation as well as formal public exhibition and an independently chaired public hearing. All of the submissions to the Open Space and Recreation Plan that relate to Lot 22 will be taken as also being submissions to the Planning Proposal.

 

3.       Mullumbimby Recreation Grounds

 

Some of the submissions, including Mullumbimby Residents Association, commented on the poor state and lack of maintenance at the Mullumbimby Recreation Grounds. This was acknowledged in the draft Plan and it included actions to improve utilisation of the Grounds, so no changes to the Plan are needed to address these submissions.

 

One of the goals of the Plan is to improve the standards of open space by using current funding as efficiently as possible by:

-        prioritising according to evidence-based demand

-        having a Shire-wide network hierarchy and agreed specified uses for particular sites to avoid duplication and maximise utilis