Ordinary Meeting
Public
ATTACHMENTS
EXCLUDED FROM THE
Ordinary
Meeting
AGENDA
OF 13 December 2018
9. Notices of Motion
9.1 Cycle
Racks for Mullumbimby
Attachment
1... Technical Drawings................................................................................... 4
Attachment
2... Quote Stainless.......................................................................................... 5
Attachment
3... Quote - Steel.............................................................................................. 6
Attachment
4... Design Invoice........................................................................................... 7
11. Submissions and Grants
11.1 Byron Shire
Council Submissions and Grants as at 30 November 2018
Attachment
1... BSC Grants Register at 30 November 2018............................................. 8
13. Staff Reports
General Manager
13.2 Revised Draft
Community Engagement Policy
Attachment
1... Draft Revised Community Engagement Policy...................................... 10
13.3 Disaster
Dashboard Website
Attachment
1... Disaster Dashboard Investigation............................................................ 28
13.4 Road Transport
(General) Amendment (Parking Fine Flexibility and Grace Period) Regulation 2018
Attachment
1... Letter from NSW Treasurer..................................................................... 32
Corporate and Community Services
13.5 Meeting Schedule
2019
Attachment
1... Council Meeting Matrix 2019 - Including Planning Meeting.................... 39
Attachment
2... Council meeting matrix 2019 - No Planning Meeting.............................. 40
13.6 Review of
Mullumbimby Outside School Hours Care Service
Attachment
1... Mullumbimby OSHC Room photos......................................................... 43
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
Attachment
1... 24.2018.64.1 DCP 2010 - Advertising and Notification of Development ~ Chapter
17............................................................................................................. 46
Attachment
2... 24.2018.64.1 Byron Shire DCP 2014 Part A Preliminary...................... 62
13.11 24.2018.48.1 Amendment to
Byron DCP 2014: Chapter D8 - Public Art
Attachment
1... 24.2018.48.1 - [DRAFT] Byron Shire DCP 2014 Chapter D8 Public Art (marked
up copy)...................................................................................................... 111
Attachment
2... 24.2018.48.1 - [DRAFT] Byron Shire DCP 2014 Chapter D8 Public Art (clean
copy)............................................................................................................... 123
Attachment
3... 24.2018.47.1 - Proposed Changes to Byron DCP 2014: Part A, Appendix A1
Dictionary............................................................................................... 134
Attachment
4... Template - Form of Special Disclosure of Pecuniary Interest.............. 135
13.12 Barrio Eatery and Bar -
Update on Compliance with Direction to Take Preventative Action
Attachment
1... Alpha Acoustics Report_Environmental Noise Compliance - Barrio Bar and
Restaurant (Rev 1)(2)............................................................................ 137
13.14 Draft Byron Residential
Strategy
Attachment
1... Draft Byron Shire Residential Strategy December 2018...................... 147
Attachment
2... Appendices - Table of Contents, status summary and select sections. 224
Attachment
3... Site Suitability Analysis and Mapping (Dec 2018)................................. 289
Attachment
4... Byron Housing Needs Report................................................................ 325
Attachment
5... Communication and Engagement Plan - draft Residential Strategy.... 459
Attachment
6... Form of Special Disclosure of Pecuniary Interest................................. 470
13.15 PLANNING - Strategic
Planning Projects Update
Attachment
1... Form of Special Disclosure of Pecuniary Interest................................. 472
13.16 Draft Emissions Reduction
Strategy - Endorsement for Public Exhibition
Attachment
1... Emissions Reduction Strategy - Draft Version for December 2018 Council
Meeting - November 2018................................................................................... 474
13.17 PLANNING - 10.2018.237.1
Dwelling House and three swimming pools at 168 Grays Lane Tyagarah
Attachment
1... Proposed Plans 10.2018.237.1.............................................................. 506
Attachment
2... Plans previously approved under DA 10.2014.229.1............................ 517
Attachment
3... Condtions of consent ............................................................................ 520
13.18 Update on Voluntary Visitor
Fund
Attachment
1... Agreement / Contract - Council and Voluntary Visitors Fund............... 531
Attachment
2... Template - Form of Special Disclosure of Pecuniary Interest ............. 538
13.19 Australian Tourism Councils
Advocacy Group Update Report
Attachment
1... Letter from Australian Tourism Industry Council re concerns about
Australian Tourism Councils Advocacy Group...................................................... 540
Infrastructure Services
13.20 Open Space and Recreation
Needs Assessment and Action Plan
Attachment
1... Open Space and Recreation Needs Assessment and Action Plan...... 542
Attachment
2... Consultation Report............................................................................... 632
Attachment
3... Copies of submissions (redacted)......................................................... 659
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
Attachment
1... Minutes 01/11/2018 Arakwal Memorandum of Understanding Advisory Committee............................................................................................................... 741
14.2 Report of the
Finance Advisory Committee Meeting held on 15 November 2018
Attachment
1... Minutes of the Finance Advisory Committee held 15 November 2018 745
Sustainable Environment and Economy
14.3 Report of the
Biodiversity Advisory Committee Meeting held on 15 October 2018
Attachment
1... Minutes 15/10/2018 Biodiversity Advisory Committee.......................... 748
Notices of Motion 9.1 - Attachment 1
Notices of Motion 9.1 - Attachment 2
Notices of Motion 9.1 - Attachment 3
Notices of Motion 9.1 - Attachment 4
CERAMICS &
SCULPTURE
PO Box 13 Federal 2480 NSW
ABN: 62 498 417 134
Tax
Invoice
October
26, 2018
Att:
Jenelle Stanford
Mullumbimby
Chamber of Commerce
Mullumbimby
Design
Fee:
Conceive,
research and produce concept drawings
For
Bike racks for the town
$500
Please
pay direct
BSB:
722744
Acc:
100107513
Submissions and Grants 11.1 - Attachment 1
Staff Reports - General Manager 13.2 - Attachment 1
Staff Reports - General Manager 13.2 - Attachment 1
Staff Reports - General Manager 13.2 - Attachment 1
Staff Reports - General Manager 13.3 - Attachment 1
Staff Reports - General Manager 13.4 - Attachment 1
Staff Reports - Corporate and Community Services 13.5 - Attachment 1
Staff Reports - Corporate and Community Services 13.5 - Attachment 2
Staff Reports - Corporate and Community Services 13.5 - Attachment 2
Staff Reports - Sustainable Environment and Economy 13.8 - Attachment 1
Staff Reports - Sustainable Environment and Economy 13.8 - Attachment 2
Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 1
Byron Shire
Development Control Plan 2014
Chapter D8
Public Art
Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 1
This page has been intentionally left blank
Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 1
Chapter D8 – Public Art
Contents
D8.1 Introduction. 5
D8.1.1 Aims
of this Chapter 5
D8.1.2 Application
of this Chapter 6
D8.2 General
Provisions. 7
D8.2.1 Provision
of Public Art 7
Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 1
Document History
|
Doc No.
|
Date Amended
|
Details
(e.g. Resolution No.)
|
|
#E2014/49
|
20 March 2014
|
Res 14-118 –
Public exhibition version
|
|
#E2014/33050
|
|
Draft to
26 June 2014 Extraordinary Meeting - for adoption
|
|
#E2014/43422
|
26 June 2014
|
Adopted
Version – Res 14-513
|
|
#E2018/27657
|
22 March 2018
|
Adopted
22 March 2018 Effective 12 April 2018 – Res 18-130
‘Housekeeping’
amendment (various chapters).
|
|
#E2018/59108
|
|
Draft to
13 December 2018 Ordinary Council Meeting
|
D8.1 Introduction
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.
Council
supports Public Art as outlined in the:
· Public Art Policy
· Public Art Strategy
· Public Art Guidelines and Criteria
A Public
Art Panel is appointed to provide appropriate specialist advice and
recommendations to Council and to oversee the acquisition of public artworks
according to the Policy, Strategy and Guidelines and Criteria. The Panel is
made up of invited members and community members with specialist expertise and
experience in the arena of public art.
More about Public Art can be found
on Council’s website https://www.byron.nsw.gov.au/Community/Arts-and-culture/Public-Art
D8.1.1 Aims
of this Chapter
The Aims of this Chapter are:
1. To
implement relevant Strategic Actions and provisions of the Byron Shire Council
Cultural Plan and Council’s Public Art Policy where they apply to the
development process.
2. To recognise
the importance of artistic expression to community well-being.
3. To
cultivate a climate in which innovative and creative design and public Art contribute to the cultural life,
liveability and amenity of Byron Shire.
4. To
encourage public art that is:
a) Developed and managed by
appropriate procedures and processes.
b) Created in a professional
manner.
c) Appropriately maintained.
d) Adequately planned with
relevant parties throughout the project duration.
e) Educational, meaningful and
aesthetically stimulating.
f) Integral to social and
cultural development.
g) Incorporated into private
development.
h) Supportive of local creative
industries.
a) Integral
to social and cultural development as outlined in the Byron Shire Community
Strategic Plan.
b) Developed
and managed by appropriate procedures and processes
c) Created
considering standards of excellence, in a professional manner
d) Adequately
planned with relevant stakeholders throughout the project duration, with
partnerships and collaboration encouraged
e) Meaningful,
aesthetically stimulating and site specific
f) Aimed
to provide a cultural outcome
g) Supportive
of local creative industries
5. To
facilitate the provision of public art
through the development process that:
a) Respects
and enhances the identity and sense of place.
b) Reflects
the cultural diversity of the community.
c) Respects
the history of the place and community.
d) Recognises
Aboriginal cultural heritage.
a) Encourages innovative, original work
with high artistic merit
b) Is
reflective and responsive to local culture, including the local Aboriginal
context, if relevant
c) Adds
life, texture and interest to the site
d) Encourages
the use of innovative materials including environmentally sustainable and
eco-friendly material
e) Is
durable, robust, and of quality, low-maintenance materials, and if applicable,
be treated with anti-graffiti coating
f) Comply
with all relevant Australian Standards and Building Codes and Regulations with
regard to public safety
g) Enhance
existing public art assets of the Shire.
6. To
specify considerations for the assessment of murals.
7. To
enable equivalent financial contributions in lieu of providing public art.
8. To
specify documents to be provided with a development application for the
provision of public art.
D8.1.2 Application
of this Chapter
1. This
Chapter applies to Development Applications for projects that:
a) have an estimated
cost greater than $1,000,000 (calculated in accordance with the Environmental
Planning & Assessment Regulation); and
b) are located on
land (partly or wholly) within zones RU2, RU5, B1, B2, B3,
B4, B7, SP3 or W2; and
c) include
development for one or more of the following purposes:
i) business premises
ii) entertainment facility
iii) function centres
iv) marina
v) office premises
vi) recreation area
vii) recreation facility
(indoor, major
and/ or outdoor)
viii) registered club
ix) retail premises
x) tourist and visitor accommodation.
2. This
chapter applies 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 (calculated in accordance with the Environmental Planning &
Assessment Regulation)
3. This
chapter applies to the provision of murals
requiring development consent under Byron LEP 2014, Part 5.10 –
Heritage Conservation.
|
Note:
Unsolicited offers of permanent public art works to
which this chapter does not apply, both existing and proposed, will be
referred to the Public Art Panel for approval. The panel will consider the
art work in the context of Council’s:
· Public Art Policy
· Public Art Strategy
· Public Art Guidelines and Criteria
The recommendations of the Public
Art Panel will be presented to Council as required. Public art not
approved by Council will be subject to removal.
Unsolicited offers of permanent public art to be
located on Council owned or managed land are to be managed in accordance with
Council’s Public Art Guidelines & Criteria.
|
D8.2 General
Provisions
D8.2.1 Provision
of Public Art
This section enables 2 assessment
pathways for the provision of public
art. A flow chart is provided in Appendix
D8.1 that provides an overview of the assessment pathway options.
Objectives
1. To
facilitate the provision of public art through the development process.
Performance Criteria
There are no Performance
Criteria.
Prescriptive Measures
1. Development
to which this Section applies must include the provision of 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.
2. In
lieu of providing public art, the applicant could enter into a Voluntary
Planning Agreement with Council to provide an equivalent financial contribution
for the installation of public art in a suitable location
3. The
public art must be permanent and durable, and must be provided in a
location on the development site that is freely accessible to members of the
public or clearly visible from the public domain.
4. Details
of the proposed public art must be submitted as part of the Development
Application documentation. The documentation must include details of the
nature and form of the proposed public art; and must define and
illustrate its intended location and approximate size.
5. The documentation must also demonstrate how the proposed public
art meets the following Design Selection Criteria:
a) relevance
and appropriateness of the work in relation to its site;
b) relevance
and appropriateness of the work to Byron Shire, including the Shire’s
Aboriginal heritage, its particular natural environment and its diverse
culture;
c) consistency
with the Byron Shire Cultural Plan and Public Art Policy;
d) consideration
of public safety, including public use of and access to the public art
and associated space;
e) consideration
of maintenance and durability, including potential for vandalism;
f) evidence
of funding sources and satisfactory budget, including provision for ongoing
maintenance; and
g) evidence
of Public Liability Insurance to cover construction and installation of the
work.
Performance Criteria
1. In lieu of providing public art, the
applicant could enter into a Voluntary Planning Agreement with Council to
provide an equivalent financial contribution for the installation of public art in a suitable location.
2. Public art may be
located on public land in any of the towns and villages in Byron Shire at the
discretion of Council and the Public Art Panel. Council is to be
consulted prior to lodgement of a development application for installations on
public land.
|
Note:
Preparation of a Voluntary
Planning Agreement (VPA) is to be coordinated with Council’s Section 94
Officer.
|
Prescriptive Measures
1. 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.
2. A
Public Art Plan is to be prepared that provides details of the proposed public art and must be submitted as part of the Development Application
documentation. Council is to be consulted prior to lodgement of a
development application. The Public Art Plan must include the following details
to the satisfaction of Council and the Public Art Panel:
a) A
statement that explains the rationale behind the artwork and demonstrates how
it will relate to the proposed development and site.
b) Details
of the nature, materials and form of the proposed public art.
c) Define
and illustrate the intended location and approximate size of the artwork
d) Provide a program for documentation,
fabrication and installation, and integration with the construction program for
the development.
e) Deaccessioning agreements in accordance with
Council’s Public Art Guidelines & Criteria.
f) Evidence
of partnerships and/or collaboration and funding sources for the public art project
where applicable.
g) Evidence
of Public Liability Insurance to cover construction and installation of the
work.
h) Expenditure
for the public art and a budget for ongoing maintenance.
3. The Public Art Plan must also demonstrate how the proposed public art meets the following Design Selection Criteria:
a) The
artwork demonstrates artistic excellence and demonstrates local and cultural
appropriateness.
b) The public art must be permanent and
durable, with consideration given to maintenance requirements and potential for
vandalism.
c) The
design is consistent with the themes outlined in the Public Art Policy and
Public Art Strategy.
d) 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.
e) Meets
relevant building and safety standards.
D8.2.2 Documents
to be provided with a development application for the provision of public art
1. Development applications for the provision of public art are to include the following two documents:
a) Public Art Plan to be submitted by the
applicant at the development application stage.
The Public Art Plan must address the Prescriptive Measures outlined in
D8.2.1 and demonstrate how the proposed work will accord with this DCP chapter.
Once
submitted, the Public Art Plan will be referred by Council assessment officers
to the Public Art Panel for review.
b) Public Art Report to be submitted by the
applicant at the Occupation Certificate Stage.
The Public
Art Report is to satisfy 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. The Public Art Report should provide information
about the artworks and artist, the fabrication and installation of the work,
the documentation and engineers’ drawings, the maintenance requirements,
any additional relevant information regarding ownership, and copyright of the
work. The Public Art Report is a condition of Occupation Certificate.
2. Where the development application for Public art is associated with a staged development, the following three
documents are required:
a) Preliminary Public Art Plan to be submitted
with the Master Plan for Master Plan sites or with the Stage 1 development
application.
The
Preliminary Public Art Plan 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. Once submitted, the
Preliminary Public Art Plan will be referred to the Public Art Panel for
review.
b) Public Art Plan to be submitted by the
applicant at the DA Stage of a Master Plan site or with the Stage 2 development
application
The Public Art Plan must address the Prescriptive Measures outlined in
D8.2.1 and demonstrate how the proposed work will accord with this DCP chapter.
Once submitted, the Public Art Plan will be referred by Council assessment
officers to the Public Art Panel for review.
c) Public Art Report to be submitted at
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. The
Public Art Report should provide information about the artworks and artist, the
fabrication and installation of the work, the documentation and
engineers’ drawings, the maintenance requirements, any additional
relevant information regarding ownership, and copyright of the work. The Public
Art Report is a condition of Occupation Certificate.
D8.3 Provision
of Murals
This
Subchapter 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.
Objectives
1. To
conserve the environmental heritage of Byron Shire.
2. To
facilitate the provision of murals
that are appropriate for the location and the
community.
Performance Criteria
1. The following considerations
are to be addressed in a development application for a mural requiring
development consent under Byron LEP 2014, Part 5.10 – Heritage
Conservation:
a) Is the artwork suited to a
diverse audience?
b) Does the mural add to the character and integrity of the location?
c) Is the artwork a mural as defined in this DCP or does it meet the definition of signage?
2. Consideration is to be given to the use of
mediums that will not affect the original fabric of the heritage item (e.g. mural may be painted
on removable ply boards).
3. Development applications must include a
heritage impact statement in accordance with Byron LEP 2014, Part 5.10(4).
4. Where the mural is considered to be of minor impact, applicants are to
consult with Council prior to lodgement of a development application to
determine if Byron LEP 2014, Part 5.10(10) is applicable.
Prescriptive Measures
There are no prescriptive measures.
|
Note:
Murals
that do not require development consent under Byron LEP 2014, Part 5.10 – Heritage Conservation do
not require a development application. Where development consent is not
required, developers and artists are encouraged to submit their concept to
the Public Art Panel for review.
|
Appendix D8.1 Assessment Pathways
Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 2
Byron Shire
Development Control Plan 2014
Chapter D8
Public Art
Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 2
This page has been intentionally left blank
Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 2
Chapter D8 – Public Art
Contents
D8.1 Introduction. 5
D8.1.1 Aims
of this Chapter 5
D8.1.2 Application
of this Chapter 6
D8.2 General
Provisions. 7
D8.2.1 Provision
of Public Art 7
Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 2
Document History
|
Doc No.
|
Date Amended
|
Details
(e.g. Resolution No.)
|
|
#E2014/49
|
20 March 2014
|
Res 14-118 –
Public exhibition version
|
|
#E2014/33050
|
|
Draft to
26 June 2014 Extraordinary Meeting - for adoption
|
|
#E2014/43422
|
26 June 2014
|
Adopted
Version – Res 14-513
|
|
#E2018/27657
|
22 March 2018
|
Adopted
22 March 2018 Effective 12 April 2018 – Res 18-130
‘Housekeeping’
amendment (various chapters).
|
|
#E2018/59108
|
|
Draft to
13 December 2018 Ordinary Council Meeting
|
D8.1 Introduction
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.
Council supports Public Art as
outlined in the:
· Public Art Policy
· Public Art
Strategy
· Public Art
Guidelines and Criteria
A Public Art Panel is appointed
to provide appropriate specialist advice and recommendations to Council and to
oversee the acquisition of public artworks according to the Policy, Strategy
and Guidelines and Criteria. The Panel is made up of invited members and
community members with specialist expertise and experience in the arena of
public art.
More about Public Art can be found on Council’s
website https://www.byron.nsw.gov.au/Community/Arts-and-culture/Public-Art
D8.1.1 Aims
of this Chapter
The Aims of this Chapter are:
1. To
implement relevant Strategic Actions and provisions of the Byron Shire Council
Cultural Plan and Council’s Public Art Policy where they apply to the
development process.
2. To recognise
the importance of artistic expression to community well-being.
3. To
cultivate a climate in which innovative and creative design and public Art contribute to the cultural life,
liveability and amenity of Byron Shire.
4. To
encourage public art that is:
a) Integral to
social and cultural development as outlined in the Byron Shire Community
Strategic Plan.
b) Developed and
managed by appropriate procedures and processes
c) Created
considering standards of excellence, in a professional manner
d) Adequately
planned with relevant stakeholders throughout the project duration, with
partnerships and collaboration encouraged
e) Meaningful,
aesthetically stimulating and site specific
f) Aimed to
provide a cultural outcome
g) Supportive of
local creative industries
5. To
facilitate the provision of public art
through the development process that:
a) Encourages
innovative, original work with high artistic merit
b) Is reflective and
responsive to local culture, including the local Aboriginal context, if relevant
c) Adds life,
texture and interest to the site
d) Encourages the
use of innovative materials including environmentally sustainable and
eco-friendly material
e) Is durable,
robust, and of quality, low-maintenance materials, and if applicable, be treated
with anti-graffiti coating
f) Comply with
all relevant Australian Standards and Building Codes and Regulations with
regard to public safety
g) Enhance existing
public art assets of the Shire.
6. To specify
considerations for the assessment of murals.
7. To enable
equivalent financial contributions in lieu of providing
public art.
8. To specify
documents to be provided with a development application for the provision of public art.
D8.1.2 Application
of this Chapter
1. This Chapter applies to Development
Applications for projects that:
a) have an estimated
cost greater than $1,000,000 (calculated in accordance with the Environmental
Planning & Assessment Regulation); and
b) are located on
land (partly or wholly) within zones RU2, RU5, B1, B2, B3, B4, B7, SP3 or W2; and
c) include
development for one or more of the following purposes:
i) business premises
ii) entertainment facility
iii) function centres
iv) marina
v) office premises
vi) recreation area
vii) recreation facility
(indoor, major
and/ or outdoor)
viii) registered club
ix) retail premises
x) tourist and visitor accommodation.
2. This chapter applies 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 (calculated
in accordance with the Environmental Planning & Assessment Regulation)
3. This chapter applies to
the provision of murals requiring development consent under Byron LEP 2014,
Part 5.10 – Heritage Conservation.
|
Note:
Unsolicited offers of permanent public art works to which
this chapter does not apply, both existing and proposed, will be referred to
the Public Art Panel for approval. The panel will consider the art work in
the context of Council’s:
· Public Art
Policy
· Public Art
Strategy
· Public Art
Guidelines and Criteria
The recommendations of the Public Art Panel will be
presented to Council as required. Public
art not approved by Council will be subject to removal.
Unsolicited offers of permanent public art to be located
on Council owned or managed land are to be managed in accordance with
Council’s Public Art Guidelines & Criteria.
|
D8.2 General
Provisions
D8.2.1 Provision
of Public Art
This section enables 2 assessment pathways for the provision
of public art. A flow
chart is provided in Appendix D8.1 that provides an overview of the assessment
pathway options.
Objectives
1. To
facilitate the provision of public art through the development process.
Performance Criteria
1. In
lieu of providing public art, the applicant could enter into a Voluntary Planning
Agreement with Council to provide an equivalent financial contribution for the
installation of public
art in a suitable location.
2. Public art may
be located on public land in any of the towns and villages in Byron Shire at
the discretion of Council and the Public Art Panel. Council is to be
consulted prior to lodgement of a development application for installations on
public land.
|
Note:
Preparation of a Voluntary Planning Agreement (VPA) is to
be coordinated with Council’s Section 94 Officer.
|
Prescriptive Measures
1. 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.
2. A
Public Art Plan is to be prepared that provides details of the proposed public art and
must be submitted as part of the Development Application documentation.
Council is to be consulted prior to lodgement of a development application. The
Public Art Plan must include the following details to the satisfaction of
Council and the Public Art Panel:
a) A statement that
explains the rationale behind the artwork and demonstrates how it will relate
to the proposed development and site.
b) Details of the nature,
materials and form of the proposed public art.
c) Define and illustrate
the intended location and approximate size of the artwork
d) Provide
a program for documentation, fabrication and installation, and integration with
the construction program for the development.
e) Deaccessioning
agreements in accordance with Council’s Public Art Guidelines &
Criteria.
f) Evidence of
partnerships and/or collaboration and funding sources for the public art project
where applicable.
g) Evidence of Public
Liability Insurance to cover construction and installation of the work.
h) Expenditure for the public art and
a budget for ongoing maintenance.
3. The
Public Art Plan must also demonstrate how the proposed public art meets
the following Design Selection Criteria:
a) The artwork
demonstrates artistic excellence and demonstrates local and cultural appropriateness.
b) The public art must
be permanent and durable, with consideration given to maintenance requirements
and potential for vandalism.
c) The design is
consistent with the themes outlined in the Public Art Policy and Public Art
Strategy.
d) 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.
e) Meets relevant
building and safety standards.
D8.2.2 Documents
to be provided with a development application for the provision of public art
1. Development
applications for the provision of public art are to include the following two documents:
i) Public
Art Plan to be submitted by the applicant at the development application stage.
The Public Art Plan
must address the Prescriptive Measures outlined in D8.2.1 and demonstrate how
the proposed work will accord with this DCP chapter.
Once submitted, the Public Art
Plan will be referred by Council assessment officers to the Public Art Panel
for review.
ii) Public
Art Report to be submitted by the applicant at the Occupation Certificate
Stage.
The Public Art Report is to satisfy
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. The Public Art Report should provide information about the artworks
and artist, the fabrication and installation of the work, the documentation and
engineers’ drawings, the maintenance requirements, any additional
relevant information regarding ownership, and copyright of the work. The Public
Art Report is a condition of Occupation Certificate.
2. Where
the development application for Public art is associated with a staged development, the
following three documents are required:
i) Preliminary
Public Art Plan to be submitted with the Master Plan for Master Plan sites or
with the Stage 1 development application.
The Preliminary Public Art Plan
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. Once submitted, the Preliminary Public
Art Plan will be referred to the Public Art Panel for review.
ii) Public
Art Plan to be submitted by the applicant at the DA Stage of a Master Plan site
or with the Stage 2 development application
The Public Art Plan
must address the Prescriptive Measures outlined in D8.2.1 and demonstrate how
the proposed work will accord with this DCP chapter.
Once submitted, the
Public Art Plan will be referred by Council assessment officers to the Public
Art Panel for review.
iii) Public
Art Report to be submitted at 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. The Final Public Art Report should provide information about the
artworks and artist, the fabrication and installation of the work, the
documentation and engineers’ drawings, the maintenance requirements, any
additional relevant information regarding ownership, and copyright of the work.
The Public Art Report is a condition of Occupation Certificate.
D8.3 Provision
of Murals
This Subchapter 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.
Objectives
1. To conserve the
environmental heritage of Byron Shire.
2. To facilitate the
provision of murals that are
appropriate for the location and the community.
Performance Criteria
1. The following considerations are to be
addressed in a development application for a mural requiring development consent under Byron LEP 2014,
Part 5.10 – Heritage Conservation:
a) Is the artwork suited to a diverse
audience?
b) Does the mural add to the character and
integrity of the location?
c) Is the artwork a mural as defined in this DCP
or does it meet the definition of signage?
2. Consideration
is to be given to the use of mediums that will not affect the original fabric of
the heritage item (e.g. mural may be painted on removable ply boards).
3. Development
applications must include a heritage impact statement in accordance with Byron
LEP 2014, Part 5.10(4).
4. Where
the mural is considered to be of minor impact, applicants are
to consult with Council prior to lodgement of a development application to
determine if Byron LEP 2014, Part 5.10(10) is applicable.
Prescriptive Measures
There are no prescriptive measures.
|
Note:
Murals that do not require development consent under Byron LEP
2014, Part 5.10 – Heritage Conservation do not require a
development application. Where development consent is not required,
developers and artists are encouraged to submit their concept to the Public
Art Panel for review.
|
Appendix D8.1 Assessment Pathways
Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 3
ATTACHMENT 3
Proposed Changes to Byron DCP 2014: Part A, Appendix A1 -
Dictionary
|
1.
|
Mural
means a piece of visual art
created on an appropriate, publicly visible outdoor wall or surface with the
permission of the property owner.
|
|
2.
|
Public art
can include a broad spectrum of media and styles, e.g.
varying from commemorative monuments in bronze to collaborative community art
projects such as a fountain. It can have functional elements and can
use new technologies. Public art
is accessible to the general public, such as in parks, transit environments,
urban, community and civic spaces or interior design. The public art work may be
incorporated within the public areas of a private development. It may
be incorporated within the fabric, design or fixtures of a building or place,
or it may be a temporary project, such as an installation or event. It
may also include place markers such as gateways.
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.
|
Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 4
Local
Government (General) Regulation 2005
Schedule 3A Form of special disclosure
of pecuniary interest
(Clause 195A)
Section 451 of the Local Government
Act 1993
Form of Special Disclosure of Pecuniary Interest
1 The particulars of
this form are to be written in block letters or typed.
2 If any space is
insufficient in this form for all the particulars required to complete it, an
appendix is to be attached for that purpose which is properly identified and
signed by you.
Important information
This information is being collected for the purpose of
making a special disclosure of pecuniary interests under sections 451 (4) and
(5) of the Local Government Act 1993. The special disclosure must relate to a pecuniary
interest that arises only because of an interest of the councillor in the
councillor’s principal place of residence or an interest of another
person (whose interests are relevant under section 443 of the Act) in that
person’s principal place of residence. You must not make a special
disclosure that you know or ought reasonably to know is false or misleading in
a material particular. Complaints made about contraventions of these
requirements may be referred by the Director-General to the Local Government
Civil and Administrative Tribunal.
This form must be completed by you before the commencement
of the council or council committee meeting in respect of which the special
disclosure is being made. The completed form must be tabled at the meeting.
Everyone is entitled to inspect it. The special disclosure must be recorded in
the minutes of the meeting.
Special
disclosure of pecuniary interests
by
____________________________________________________________________________________
[full
name of councillor]
in the matter of
__________________________________________________________________________
[insert
name of environmental planning instrument]
which is to be considered at a meeting of the
______________________________________________________________________________________
[name of council or council committee (as the case
requires)]
Report No. __________ to be held on the _________________ day of
________________________ 201
|
Pecuniary
interest
|
|
Address of land
in which councillor or an associated person, company or body has a
proprietary interest (the identified land)1
|
|
|
Relationship of identified land to councillor
[Tick or cross one box.]
|
Councillor
has interest in the land (e.g. is owner or has other interest arising out of
a mortgage, lease, trust, option or contract, or otherwise).
Associated
person of councillor has interest in the land.
Associated company
or body of councillor has interest in the land.
|
|
Matter giving rise to pecuniary interest
|
|
Nature of land that is subject to a
change
in zone/planning control by proposed
LEP (the subject land)2
[Tick or cross one box]
|
The identified
land.
Land
that adjoins or is adjacent to or is in proximity to the identified land.
|
|
Current
zone/planning control
[Insert name
of current planning instrument and identify relevant zone/planning control
applying to the subject land]
|
|
|
Proposed
change of zone/planning control
[Insert name of proposed
LEP and identify proposed change of zone/planning control applying to the
subject land]
|
|
|
Effect
of proposed change of zone/planning control on councillor
[Insert
one of the following:
“Appreciable financial gain” or
“Appreciable
financial loss”]
|
|
[If
more than one pecuniary interest is to be declared, reprint the above box and
fill in for each additional interest.]
_____________________________
Councillor’s
signature
_____________________________
Date
(This
form is to be retained by the Council’s general manager and included in
full in the minutes of the meeting.)
1 Section 443 (1) of the Local Government Act 1993 provides
that you may have a pecuniary interest in a matter because of the pecuniary
interest of your spouse or your de facto partner or your relative 4 or because
your business partner or employer has a pecuniary interest. You may also have a
pecuniary interest in a matter because you, your nominee, your business partner
or your employer is a member of a company or other body that has a pecuniary
interest in the matter.
Section 442
of the Local Government Act 1993 provides
that a "pecuniary interest" is 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. 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 the matter or if the interest is of a kind
specified in section 448 of that Act (for example, an interest as an elector or
as a ratepayer or person liable to pay a charge).
2 A pecuniary interest may
arise by way of a change of permissible use of land adjoining, adjacent to or
in proximity to land in which a councillor or a person, company or body
referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest-see section 448 (g) (ii) of
the Local Government Act 1993 .
3 "Relative" is
defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto
partner’s parent, grandparent, brother, sister, uncle, aunt, nephew,
niece, lineal descendant or adopted child and the spouse or de facto partner of
any of those persons.
Staff Reports - Sustainable Environment and Economy 13.12 - Attachment 1
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 1
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 1
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 1
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 1
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 1
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 1
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 1
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 2
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 2
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 2
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 3
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 3
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 4
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 4
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 4
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 4
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 4
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 4
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 5
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 5
Staff Reports - Sustainable Environment and Economy 13.14 - Attachment 6
Local
Government (General) Regulation 2005
Schedule 3A Form of special disclosure
of pecuniary interest
(Clause 195A)
Section 451 of the Local Government
Act 1993
Form of Special Disclosure of Pecuniary Interest
1 The particulars of
this form are to be written in block letters or typed.
2 If any space is
insufficient in this form for all the particulars required to complete it, an
appendix is to be attached for that purpose which is properly identified and
signed by you.
Important information
This information is being collected for the purpose of
making a special disclosure of pecuniary interests under sections 451 (4) and
(5) of the Local Government Act 1993. The special disclosure must relate to a pecuniary
interest that arises only because of an interest of the councillor in the
councillor’s principal place of residence or an interest of another
person (whose interests are relevant under section 443 of the Act) in that
person’s principal place of residence. You must not make a special
disclosure that you know or ought reasonably to know is false or misleading in
a material particular. Complaints made about contraventions of these
requirements may be referred by the Director-General to the Local Government
Civil and Administrative Tribunal.
This form must be completed by you before the
commencement of the council or council committee meeting in respect of which
the special disclosure is being made. The completed form must be tabled at the
meeting. Everyone is entitled to inspect it. The special disclosure must be
recorded in the minutes of the meeting.
Special
disclosure of pecuniary interests
by
____________________________________________________________________________________
[full
name of councillor]
in the matter of __________________________________________________________________________
[insert
name of environmental planning instrument]
which is to be considered at a meeting of the
______________________________________________________________________________________
[name of council or council committee (as the case
requires)]
Report No. __________ to be held on the _________________ day of
________________________ 201
|
Pecuniary
interest
|
|
Address of land
in which councillor or an associated person, company or body has a
proprietary interest (the identified land)1
|
|
|
Relationship of identified land to councillor
[Tick or cross one box.]
|
Councillor
has interest in the land (e.g. is owner or has other interest arising out of
a mortgage, lease, trust, option or contract, or otherwise).
Associated
person of councillor has interest in the land.
Associated company
or body of councillor has interest in the land.
|
|
Matter giving rise to pecuniary interest
|
|
Nature of land that is subject to a
change
in zone/planning control by proposed
LEP (the subject land)2
[Tick or cross one box]
|
The identified
land.
Land
that adjoins or is adjacent to or is in proximity to the identified land.
|
|
Current
zone/planning control
[Insert name
of current planning instrument and identify relevant zone/planning control
applying to the subject land]
|
|
|
Proposed
change of zone/planning control
[Insert name of proposed
LEP and identify proposed change of zone/planning control applying to the
subject land]
|
|
|
Effect
of proposed change of zone/planning control on councillor
[Insert
one of the following:
“Appreciable financial gain” or
“Appreciable
financial loss”]
|
|
[If
more than one pecuniary interest is to be declared, reprint the above box and
fill in for each additional interest.]
_____________________________
Councillor’s
signature
_____________________________
Date
(This
form is to be retained by the Council’s general manager and included in
full in the minutes of the meeting.)
1 Section 443 (1) of the Local Government Act 1993 provides
that you may have a pecuniary interest in a matter because of the pecuniary
interest of your spouse or your de facto partner or your relative 4 or because
your business partner or employer has a pecuniary interest. You may also have a
pecuniary interest in a matter because you, your nominee, your business partner
or your employer is a member of a company or other body that has a pecuniary
interest in the matter.
Section 442
of the Local Government Act 1993 provides
that a "pecuniary interest" is 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. 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 the matter or if the interest is of a kind
specified in section 448 of that Act (for example, an interest as an elector or
as a ratepayer or person liable to pay a charge).
2 A pecuniary interest may
arise by way of a change of permissible use of land adjoining, adjacent to or
in proximity to land in which a councillor or a person, company or body
referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest-see section 448 (g) (ii) of
the Local Government Act 1993 .
3 "Relative" is
defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto
partner’s parent, grandparent, brother, sister, uncle, aunt, nephew,
niece, lineal descendant or adopted child and the spouse or de facto partner of
any of those persons.
Staff Reports - Sustainable Environment and Economy 13.15 - Attachment 1
Local Government (General) Regulation 2005
Schedule 3A Form of special disclosure
of pecuniary interest
(Clause 195A)
Section 451 of the Local Government
Act 1993
Form of Special Disclosure of Pecuniary Interest
1 The particulars of
this form are to be written in block letters or typed.
2 If any space is
insufficient in this form for all the particulars required to complete it, an
appendix is to be attached for that purpose which is properly identified and
signed by you.
Important information
This information is being collected for the purpose of
making a special disclosure of pecuniary interests under sections 451 (4) and
(5) of the Local Government Act 1993. The special disclosure must relate to a pecuniary
interest that arises only because of an interest of the councillor in the
councillor’s principal place of residence or an interest of another
person (whose interests are relevant under section 443 of the Act) in that
person’s principal place of residence. You must not make a special
disclosure that you know or ought reasonably to know is false or misleading in
a material particular. Complaints made about contraventions of these
requirements may be referred by the Director-General to the Local Government
Civil and Administrative Tribunal.
This form must be completed by you before the
commencement of the council or council committee meeting in respect of which
the special disclosure is being made. The completed form must be tabled at the
meeting. Everyone is entitled to inspect it. The special disclosure must be
recorded in the minutes of the meeting.
Special
disclosure of pecuniary interests
by
____________________________________________________________________________________
[full
name of councillor]
in the matter of
__________________________________________________________________________
[insert
name of environmental planning instrument]
which is to be considered at a meeting of the
______________________________________________________________________________________
[name of council or council committee (as the case
requires)]
Report No. __________ to be held on the _________________ day of
________________________ 201
|
Pecuniary
interest
|
|
Address of land
in which councillor or an associated person, company or body has a
proprietary interest (the identified land)1
|
|
|
Relationship of identified land to councillor
[Tick or cross one box.]
|
Councillor
has interest in the land (e.g. is owner or has other interest arising out of
a mortgage, lease, trust, option or contract, or otherwise).
Associated
person of councillor has interest in the land.
Associated company
or body of councillor has interest in the land.
|
|
Matter giving rise to pecuniary interest
|
|
Nature of land that is subject to a
change
in zone/planning control by proposed
LEP (the subject land)2
[Tick or cross one box]
|
The identified
land.
Land
that adjoins or is adjacent to or is in proximity to the identified land.
|
|
Current
zone/planning control
[Insert name
of current planning instrument and identify relevant zone/planning control
applying to the subject land]
|
|
|
Proposed
change of zone/planning control
[Insert name of proposed
LEP and identify proposed change of zone/planning control applying to the
subject land]
|
|
|
Effect
of proposed change of zone/planning control on councillor
[Insert
one of the following:
“Appreciable financial gain” or
“Appreciable
financial loss”]
|
|
[If
more than one pecuniary interest is to be declared, reprint the above box and
fill in for each additional interest.]
_____________________________
Councillor’s
signature
_____________________________
Date
(This
form is to be retained by the Council’s general manager and included in
full in the minutes of the meeting.)
1 Section 443 (1) of the Local Government Act 1993 provides
that you may have a pecuniary interest in a matter because of the pecuniary
interest of your spouse or your de facto partner or your relative 4 or because
your business partner or employer has a pecuniary interest. You may also have a
pecuniary interest in a matter because you, your nominee, your business partner
or your employer is a member of a company or other body that has a pecuniary
interest in the matter.
Section 442
of the Local Government Act 1993 provides
that a "pecuniary interest" is 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. 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 the matter or if the interest is of a kind
specified in section 448 of that Act (for example, an interest as an elector or
as a ratepayer or person liable to pay a charge).
2 A pecuniary interest may
arise by way of a change of permissible use of land adjoining, adjacent to or
in proximity to land in which a councillor or a person, company or body
referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest-see section 448 (g) (ii) of
the Local Government Act 1993 .
3 "Relative" is
defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto
partner’s parent, grandparent, brother, sister, uncle, aunt, nephew,
niece, lineal descendant or adopted child and the spouse or de facto partner of
any of those persons.
Staff Reports - Sustainable Environment and Economy 13.16 - Attachment 1
Staff Reports - Sustainable Environment and Economy 13.17 - Attachment 1
Staff Reports - Sustainable Environment and Economy 13.17 - Attachment 2
Staff Reports - Sustainable Environment and Economy 13.17 - Attachment 3
Part A
BYRON
SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.18 - Attachment 1
Memorandum of
Understanding – Voluntary Visitor Fund
Byron Shire Council
and
Client
Table of Contents
1. Legal effect of this document 3
2. Agreement 4
3. Termination. 5
4. Communication. 5
5. General 5
6. Definitions. 6
Part
B
BYRON
SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.18 - Attachment 1
Memorandum
of Understanding (MOU)
|
Date
|
|
|
Parties
|
|
|
|
Byron
Shire Council (ABN 14 472 131 473)
(Council)
and
Company Pty Ltd
(Company)
|
|
Recitals
|
|
|
A.
|
Byron Shire Council is a local government area which
hosts more than 2 million visitors annually.
|
|
B.
|
Council has spoken with various tourist
accommodation providers about them voluntarily collecting contributions from
customers to improve Council’s infrastructure.
|
|
C.
|
On 23 August 2018, Council resolved to establish the
Byron Shire Voluntary Visitor Fund (the Fund).
|
|
D.
|
The Company has agreed to collect a contribution
from its customers to remit to Council for the purposes of the Fund.
|
|
E.
|
The Fund will be administered by Council on the
terms in this MOU.
|
|
|
|
The parties agree as
follows:
1.1 Legally binding
This MOU is not intended to be legally binding. Its
intention is to record the parties’ cooperation on allowing Byron
Shire’s visitors to contribute to the cost of infrastructure and
services.
1.2 Term of MOU
This MOU will commence on the date it has
been signed by both parties and will end at the earlier of:
(a) 31
December 2023; or
(b) On the
day Council resolution 18-556 is rescinded or a subsequent resolution
inconsistent with resolution 18-556 is passed.
2.1 Council responsibilities
In giving effect to the Fund, Council
will:
(a) Establish
a steering committee to provide recommendations to Council about the projects
which should be funded by the Contribution;
(b) Only
use the Contribution for a Permitted Purpose;
(c) Comply
with the Local Government Act 1993 regarding accounting records,
financial reports and auditing in relation to the Contribution; and provide a
copy of these records to the steering committee;
(d) Provide
quarterly updates to the Company about the Fund’s performance;
(e) Use
reasonable endeavours to publicly acknowledge the Contribution when promoting
the project it has helped fund; and
(f) Provide
a tax invoice to the Company within 30 days of receipt of the Contribution.
2.2 Company responsibilities
In giving effect to the Fund, the Company
will:
(a) Provide
the Report to Council on demand, provided Council doesn’t demand more
than one Report for each calendar month;
(b) Provide
the Contribution to Council within 60 days of this MOU starting, and then every
calendar month thereafter;
(c) On
request by Council, provide Council with evidence of the Company’s
occupancy rates for any period of this Agreement;
(d) Maintain
its records regarding the Contribution for seven years from the end of this
Agreement; and
(e) Use
reasonable endeavours to promote the Fund to its customers.
3.1 Prior to the Term ending, either Council or the
Company can terminate this agreement by giving 30 days’ written notice to
the other party,
3.2 Contributions made to Council but not spent prior to
termination are not refundable to the Company.
4.1 Single point of contact
(a) The
Company agrees that it will use reasonable endeavours to ensure that
communication regarding the Agreement is through Council’s Voluntary
Visitors Fund Project Officer (the Officer) via 0447 602 890 or tourism@byron.nsw.gov.au.
(b) Council
agrees that it will use reasonable endeavours to ensure that communication with
the Company is through the Officer.
(c) Any
Council-generated media relating to the Company’s Contribution will be
sent to the Company for review prior to publication.
5.1 Variation
A variation of this Agreement will be of no force or
effect unless it is in writing and signed by each party.
5.2 Costs and expenses
Each party must pay its own costs (including legal
costs) and expenses in connection with the negotiation, preparation, execution
and delivery of this Agreement.
5.3 Further assurances
Each party must, at its own expense, do all things and
execute all further documents necessary to give full effect to this Agreement
and the transactions (if any) contemplated by it.
5.4 No reliance
Neither party has relied on any statement by the other
party which has not been expressly included in this Agreement.
5.5 Entire agreement
This Agreement states all of the express terms agreed
by the parties in respect of its subject matter. It supersedes all prior
discussions, negotiations, understandings and agreements in respect of its
subject matter.
5.6 Counterparts
This Agreement may be
executed in any number of counterparts, each signed by one or more parties.
Each counterpart when so executed is deemed to be an original and all such
counterparts taken together constitute one document.
5.7 Relationship of parties
(a) The
parties are not and are not to be taken to be in a partnership, joint venture,
employment or fiduciary relationship.
(c) Nothing
in this document gives a party authority to bind any other party in any way.
5.8 Indemnity
The Company must indemnify and keep
indemnified Council from and against any loss, damage, cost, expense, cost,
proceeding, claim or liability arising out of or in connection with this
agreement.
6.1 Words
In this agreement, the following words
are defined this way:
(a) Company
means
(b) Contribution
means the amount sent to Council by the Company each month, based on the Report
criteria in this Agreement.
(c) Fund means
the Byron Shire Voluntary Visitor Fund established by Byron Shire Council under
resolution 18-556.
(d) Permitted
Purpose means any purpose the Council can lawfully pursue in exercising its
functions under Local Government Act 1993 or any Act which
confers functions on Council.
(e) Report
means a record generated by the Company for the purpose of determining the
Contribution.
(f) Steering
Committee means the committee established by Council to provide
recommendations to it regarding management of the Fund.
The
Contribution Structure – (Per Night, Per Booking)
|
Backpackers
and
Youth
Hostels
|
Caravan
Parks
|
All
other Resorts, Motels, Hotels and Holiday Managed Properties
|
Festivals
|
|
50 cents nightly
|
$1.00 nightly
|
$2.00 nightly
|
$1.00
per ticket sale
|
Executed as
an agreement:
BYRON SHIRE COUNCIL
Authorised Official:
_____________________________
Signature
General Manager – Mark
Arnold
Company
Authorised Officer:
____________________________
Signature
____________________________
Name
Authorised Officer:
____________________________
Signature
____________________________
Name of representative
____________________________
Date
agreement signed by both parties:
Commencement
Date for Contributions:
_________________________________
Staff Reports - Sustainable Environment and Economy 13.18 - Attachment 2
Local
Government (General) Regulation 2005
Schedule 3A Form of special disclosure
of pecuniary interest
(Clause 195A)
Section 451 of the Local Government
Act 1993
Form of Special Disclosure of Pecuniary Interest
1 The particulars of
this form are to be written in block letters or typed.
2 If any space is
insufficient in this form for all the particulars required to complete it, an
appendix is to be attached for that purpose which is properly identified and
signed by you.
Important information
This information is being collected for the purpose of
making a special disclosure of pecuniary interests under sections 451 (4) and
(5) of the Local Government Act 1993. The special disclosure must relate to a pecuniary
interest that arises only because of an interest of the councillor in the
councillor’s principal place of residence or an interest of another
person (whose interests are relevant under section 443 of the Act) in that
person’s principal place of residence. You must not make a special
disclosure that you know or ought reasonably to know is false or misleading in
a material particular. Complaints made about contraventions of these
requirements may be referred by the Director-General to the Local Government
Civil and Administrative Tribunal.
This form must be completed by you before the
commencement of the council or council committee meeting in respect of which
the special disclosure is being made. The completed form must be tabled at the
meeting. Everyone is entitled to inspect it. The special disclosure must be recorded
in the minutes of the meeting.
Special
disclosure of pecuniary interests
by
____________________________________________________________________________________
[full
name of councillor]
in the matter of __________________________________________________________________________
[insert
name of environmental planning instrument]
which is to be considered at a meeting of the
______________________________________________________________________________________
[name of council or council committee (as the case
requires)]
Report No. __________ to be held on the _________________ day of
________________________ 201
|
Pecuniary
interest
|
|
Address of land
in which councillor or an associated person, company or body has a
proprietary interest (the identified land)1
|
|
|
Relationship of identified land to councillor
[Tick or cross one box.]
|
Councillor
has interest in the land (e.g. is owner or has other interest arising out of
a mortgage, lease, trust, option or contract, or otherwise).
Associated
person of councillor has interest in the land.
Associated company
or body of councillor has interest in the land.
|
|
Matter giving rise to pecuniary interest
|
|
Nature of land that is subject to a
change
in zone/planning control by proposed
LEP (the subject land)2
[Tick or cross one box]
|
The identified
land.
Land
that adjoins or is adjacent to or is in proximity to the identified land.
|
|
Current
zone/planning control
[Insert name
of current planning instrument and identify relevant zone/planning control
applying to the subject land]
|
|
|
Proposed
change of zone/planning control
[Insert name of proposed
LEP and identify proposed change of zone/planning control applying to the
subject land]
|
|
|
Effect
of proposed change of zone/planning control on councillor
[Insert
one of the following:
“Appreciable financial gain” or
“Appreciable
financial loss”]
|
|
[If
more than one pecuniary interest is to be declared, reprint the above box and
fill in for each additional interest.]
_____________________________
Councillor’s
signature
_____________________________
Date
(This
form is to be retained by the Council’s general manager and included in
full in the minutes of the meeting.)
1 Section 443 (1) of the Local Government Act 1993 provides
that you may have a pecuniary interest in a matter because of the pecuniary
interest of your spouse or your de facto partner or your relative 4 or because
your business partner or employer has a pecuniary interest. You may also have a
pecuniary interest in a matter because you, your nominee, your business partner
or your employer is a member of a company or other body that has a pecuniary
interest in the matter.
Section 442
of the Local Government Act 1993 provides
that a "pecuniary interest" is 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. 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 the matter or if the interest is of a kind
specified in section 448 of that Act (for example, an interest as an elector or
as a ratepayer or person liable to pay a charge).
2 A pecuniary interest may
arise by way of a change of permissible use of land adjoining, adjacent to or
in proximity to land in which a councillor or a person, company or body
referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest-see section 448 (g) (ii) of
the Local Government Act 1993 .
3 "Relative" is
defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto
partner’s parent, grandparent, brother, sister, uncle, aunt, nephew,
niece, lineal descendant or adopted child and the spouse or de facto partner of
any of those persons.
Staff Reports - Sustainable Environment and Economy 13.19 - Attachment 1
Staff Reports - Infrastructure Services 13.20 - Attachment 1
Staff Reports - Infrastructure Services 13.20 - Attachment 2
Staff Reports - Infrastructure Services 13.20 - Attachment 2
Staff Reports - Infrastructure Services 13.20 - Attachment 3
Staff Reports - Infrastructure Services 13.20 - Attachment 3
Staff Reports - Infrastructure Services 13.20 - Attachment 3
Reports of Committees - Corporate and Community
Services 14.1 - Attachment 1
Reports of Committees - Corporate and Community
Services 14.2 - Attachment 1
Finance Advisory Committee Meeting
|
Venue
|
Conference Room, Station Street, Mullumbimby
|
|
Date
|
Thursday, 15 November 2018
|
|
Time
|
2.00pm
|
Reports of Committees - Corporate and Community
Services 14.2 - Attachment 1
Minutes of the Finance Advisory
Committee Meeting held on Thursday, 15 November 2018
File No: I2018/2321
PRESENT: Cr
B Cameron, Cr A Hunter, Cr M Lyon, Cr P Spooner
Staff: Mark
Arnold (General Manager)
Vanessa
Adams (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
James
Brickley (Manager Finance)
Cr Cameron (Chair) opened the meeting at 2:15pm and
acknowledged that the meeting was being held on Bundjalung Country.
Apologies:
Cr Richardson and Cr Coorey were
apologies.
Declarations of
Interest – Pecuniary and Non-Pecuniary
There were no declarations of
interest.
Adoption of
Minutes from Previous Meetings
|
Committee
Recommendation:
That the minutes of the Finance Advisory Committee Meeting
held on 16 August 2018 be confirmed.
(Lyon/Hunter)
The recommendation was put to the vote and declared carried.
|
Business Arising from Previous Minutes
There was no business arising
from previous minutes.
Staff Reports - Corporate and Community
Services
|
Report No. 4.1 Quarterly
Update - Implementation of Special Rate Variation
File No: I2018/2143
|
|
Committee
Recommendation:
That the Finance Advisory Committee notes the quarterly
update on the Special Rate Variation Implementation as at 30 September 2018. (Hunter/Lyon)
The recommendation was put to
the vote and declared carried.
|
|
Report No. 4.2 Unrestricted
Cash and Reserves at 30 June 2018
File No: I2018/2146
|
|
Committee
Recommendation:
1. That
the Reserve Balances as outlined in Attachment 1 (#E2018/89575) at 30 June
2018 be noted by the Finance Advisory Committee.
2. That
the Unrestricted Cash Balance of $1,145,200 as at 30 June 2018 be noted by
the Finance Advisory Committee. (Spooner/Hunter)
The recommendation was put to
the vote and declared carried.
|
|
Report No. 4.3 Long
Term FInancial Plan 2018-2028
File No: I2018/2147
|
|
Committee
Recommendation:
That the Finance Advisory Committee notes the update
provided in respect of the 2018-2028 Long Term Financial Plan. (Cameron/Lyon)
The recommendation was put to
the vote and declared carried.
|
|
Report No. 4.4 Budget
Review - 1 July 2018 to 30 September 2018
File No: I2018/2158
|
|
Committee
Recommendation:
That the Finance Advisory Committee recommends to Council:
1. That
Council authorises the itemised budget variations as shown in Attachment 2
(#E2018/89897) which includes the following results in the 30 September 2018
Quarterly Review of the 2018/2019 Budget:
a) General
Fund – $37,200 increase to the Estimated Unrestricted Cash Result
b) General
Fund - $952,700 increase in reserves
c) Water
Fund - $163,900 increase in reserves
d) Sewerage
Fund - $208,200 increase in reserves
2. That Council adopts
the revised General Fund Estimated Unrestricted Cash Result of
$1,145,200 for the 2018/2019 financial year as at 30 September 2018.
(Spooner/Hunter)
The recommendation was put to
the vote and declared carried.
|
There being no further business the meeting concluded at 3:40pm.
Reports of Committees - Sustainable Environment and
Economy 14.3 - Attachment 1
Biodiversity Advisory Committee Meeting
|
Venue
|
Conference Room, Station Street, Mullumbimby
|
|
Date
|
Monday, 15 October 2018
|
|
Time
|
3:15pm
|
Reports of Committees - Sustainable Environment and
Economy 14.3 - Attachment 1
Minutes of the Biodiversity
Advisory Committee Meeting held on Monday, 15 October 2018
File No: I2018/2321
PRESENT: Cr
C Coorey, Cr J Martin, Cr S Ndiaye
Staff: Sharyn
French (Manager Environmental and Economic Planning)
Chloe
Dowsett (Coastal and Biodiversity Coordinator)
Clare
Manning (Biodiversity Officer)
Tony
Nash
Michael
Matthews
Community: Peter
Westheimer
Luke McConell
Greg Shanahan
(Brunswick Valley Landcare)
Cr Ndiaye (Chair) opened the meeting at 3.23pm
and acknowledged that the meeting was being held on Bundjalung Country.
Apologies:
There were no apologies.
Declarations of
Interest – Pecuniary and Non-Pecuniary
Luke McConell declared a non-pecuniary interest in Reports 4.1
and 4.5. The nature of the interest being that he requested Report 4.1 be
included in the agenda and for Report 4.5 he lives near the Suffolk Holiday
Park.
Peter Westheimer and Greg Shanahan declared a non-pecuniary
interest in Reports 4.2. The nature of the interest being that they are both
members of Brunswick Valley Landcare.
Adoption of
Minutes from Previous Meetings
|
Committee
Recommendation:
That the minutes of the Biodiversity Advisory Committee
Meeting held on 14 June 2018 be confirmed.
(Coorey/Ndiaye)
The recommendation was put to the vote and declared carried.
|
Business Arising from Previous Minutes
Letter of thanks to be sent to
the owner of Seapeace for showcasing their property to the Biodiversity
Advisory Committee and the biodiversity work they have undertaken.
Staff Reports - Sustainable Environment and
Economy
|
Report No. 4.1 Broken
Head Reserve and Seven Mile Beach Road
File No: I2018/1734
|
|
Committee
Recommendation:
That the Biodiversity Advisory Committee note
this report and resolution 18-554 and that the Broken Head Reserve and Seven
Mile Beach Road precinct be acknowledged as a biodiversity hotspot and that
grant options be explored with National Parks and state government and a
timeframe for budget allocations to deliver resolution 18-554.
(Ndiaye/Westheimer)
The recommendation was put to the vote and declared carried.
|
|
Report No. 4.2 Brunswick
Valley Landcare - Landcare Support Officer Report
File No: I2018/1748
|
|
Committee
Recommendation:
That the Biodiversity Advisory Committee notes
the report and acknowledges the great work of Brunswick Valley Landcare and
the continuing partnership.
(Ndiaye/McConell)
The recommendation was put to the vote and declared carried.
|
|
Report No. 4.3 Coastal
and Biodiversity Projects Update
File No: I2018/1756
|
|
Committee
Recommendation:
That the Biodiversity Advisory Committee note
the report.
(Coorey/Shanahan)
The recommendation was put to the vote and declared carried.
|
|
Report No. 4.4 Minutes
of previous meeting held 14 June 2018
File No: I2018/1921
|
|
Committee
Recommendation:
That the Biodiversity Advisory Committee note
the minutes of 14 June 2018 meeting which were reported to 2 August Council
meeting.
(Coorey/Ndiaye)
The recommendation was put to the vote and declared carried.
|
Staff Reports - Infrastructure Services
|
Report No. 4.5 Suffolk
Beachfront Holiday Park Dog Friendly Status
File No: I2018/1889
|
|
Committee
Recommendation:
1. That
the Biodiversity Advisory Committee note the report and provide
feedback on the potential impacts of the change in status of the Suffolk
Beachfront Holiday Park to a Dog Friendly Park on the surrounding
environment.
2. That the Biodiversity Advisory Committee request further
consultation with relevant stakeholders including local aboriginal groups,
National Parks, the community and the Biodiversity Advisory Committee.
(Coorey/Ndiaye)
The recommendation was put to
the vote and declared carried.
|
There being no further business the meeting concluded at 5.36pm.
