Ordinary Meeting
Public
ATTACHMENTS
EXCLUDED FROM THE
Ordinary
Meeting
AGENDA
OF 23 May 2019
11. Submissions and Grants
11.1 Byron Shire
Council Submissions and Grants as at 1 May 2019
Attachment
1... Attachment 1 - Submissions and Grants Report as at 1 May 2019.......... 4
13. Staff Reports
General Manager
13.1 Re-establishment
of Alcohol Free Zones
Attachment
1... Map Alcohol Free Zones - Byron Bay, Mullumbimby, Brunswick Heads, Ocean
Shores & New Brighton, Suffolk Park....................................................... 7
Attachment
2... Letter received from NSW Police Force - Tweed Byron Police District -
requesting Better Signage for Alcohol Free Zones - BYRON BAY ( cc E Elford)... 12
13.3 Code of Conduct
Attachment
1... Code of Conduct for Councillors............................................................. 13
Attachment
2... Code of Conduct for Council Staff.......................................................... 59
Attachment
3... Code of Conduct for Council Committee Members, Delegates of Council and
Council Advisers.................................................................................... 103
13.5 Byron Community
Market temporary relocation
Attachment
1... Market Relocation Report - Planit Engineering..................................... 144
Attachment
2... Byron Community Market Temporary Relocation Proposal 2019.pdf. 162
13.6 Lease for
Massenger Street treehouse
Attachment
2... Structural Engineers Certificate: Lease treehouse to Mell Coppin 77
Massinger St............................................................................................................... 173
Attachment
3... Aborist report: Lease treehouse to Mell Coppin 77 Massinger St......... 175
Corporate and Community Services
13.7 Tyagarah Hall -
results of community consultation
Attachment
1... Map of Tyagarah Hall with estimate of size.......................................... 182
13.9 Budget Review 1
January 2019 to 31 March 2019
Attachment
1... Budget Variations for General, Water and Sewerage Funds................ 183
Attachment
2... Itemised Listing of Budget Variations for General, Water and Sewerage
Funds 261
Attachment
3... Integrated Planning and Reporting Framework (IP&R) required Quarterly
Review Statements............................................................................................. 272
13.10 Operational Plan 2018/19
Third Quarter Report - Q3 - 1 January to 31 March 2019
Attachment
1... Operational Plan 2018/19 Quarter Report - Q3 - to 31 March 2019..... 288
Attachment
2... Quarter 3 Report - Proposed Amendments to Operational Plan.......... 359
13.11 Council Resolutions
Quarterly Review - 1 January to 31 March 2019
Attachment
1... Active Resolutions as at 31 March 2019............................................... 364
Attachment
2... Completed Resolutions - 1 January to 31 March 2019......................... 406
Infrastructure Services
13.12 Bangalow Parking Schemes -
Performance Review
Attachment
1... Parking Scheme Layout for Bangalow.................................................. 445
Attachment
2... Bangalow Parking Scheme Review.pdf................................................ 447
Attachment
3... Byron-Shire-Council-Tourism-scale-and-impact-analysis-November-2018-powerpoint-from-.id................................................................................ 459
13.13 Part Road Reserve Closure
Pandanus Lane
Attachment
1... PDF version of E2019/20453 Purchase of road near 17 Marine Parade Byron
Bay............................................................................................................... 510
Attachment
2... New Cost structure and process for Road Closures September 2018. 512
Attachment
3... All letters of submission sent by residents for part road reserve closure
pandanus place adjoining 17 Marine Parade Lot 1 DP 244699............................. 516
Attachment
4... All letters of submission sent by Authorities for part road reserve
closure pandanus place adjoining 17 Marine Parade Lot 1 DP 244699............................. 539
Attachment
5... Attachment submission of objection to Email sent by Greg Lewis NSW Fire
and Rescue D19_20190225032825.pdf....................................................... 549
Attachment
6... Submission of Objection from J & I Small - Reject Part Pandanus Lane
Closure - Request for the Road Reserve be clarly marked and sign posted to
provide a turn around area for emergency vehicles (C.C - D. Savage)...................... 551
13.14 Brunswick Heads Parking
Schemes - Performance Review
Attachment
1... Existing & Expanded Parking Schemes - Mullumbimby & Brunswick
Heads 567
Attachment
2... Parking Schemes - Mullumbimby, Bangalow and Brunswick Heads... 569
Attachment
3... Brunswick Heads Parking Scheme Review.pdf................................... 572
Attachment
4... Byron-Shire-Council-Tourism-scale-and-impact-analysis-November-2018-powerpoint-from-.id................................................................................ 589
13.15 Mullumbimby Parking Schemes
- Performance Review
Attachment
1... Existing & Expanded Parking Schemes - Mullumbimby & Brunswick
Heads 640
Attachment
2... Parking Schemes - Mullumbimby, Bangalow and Brunswick Heads... 642
Attachment
3... Mullumbimby Parking Scheme Review................................................ 645
Attachment
4... Byron-Shire-Council-Tourism-scale-and-impact-analysis-November-2018-powerpoint-from-.id................................................................................ 660
13.16 Draft Plan of Management
Byron Bay Memorial Recreation Ground
Attachment
1... E2019 6134 Draft Plan of Management Byron Bay Memorial
Recreation Grounds V6........................................................................................................... 711
Attachment
2... Submissions on Byron Bay Memorial Recreation Grounds Public Exhibition
Closed 23 April 2019.......................................................................................... 737
Attachment
3... Byron Bay Memorial Recreation Ground Public Hearing Report......... 743
Attachment
4... I2019 136 Report 28 02 2019 Council Byron Bay Memorial Recreation
Grounds Draft Plan of Management.................................................................... 759
Submissions and Grants 11.1 - Attachment 1
Staff Reports - General Manager 13.1 - Attachment 1
Staff Reports - General Manager 13.1 - Attachment 2
Staff Reports - General Manager 13.3 - Attachment 1
Staff Reports - General Manager 13.3 - Attachment 2
Staff Reports - General Manager 13.3 - Attachment 3
Staff Reports - General Manager 13.5 - Attachment 1
Staff Reports - General Manager 13.5 - Attachment 2
Staff Reports - General Manager 13.6 - Attachment 2
Staff Reports - General Manager 13.6 - Attachment 3
Staff Reports - Corporate and Community Services 13.7 - Attachment 1
Staff Reports - Corporate and Community Services 13.9 - Attachment 1
Staff Reports - Corporate and Community Services 13.9 - Attachment 2
Staff Reports - Corporate and Community Services 13.9 - Attachment 3
Staff Reports - Corporate and Community Services 13.10 - Attachment 1
Staff Reports - Corporate and Community Services 13.10 - Attachment 2
Staff Reports - Corporate and Community Services 13.11 - Attachment 1
Staff Reports - Corporate and Community Services 13.11 - Attachment 2
Staff Reports - Infrastructure Services 13.12 - Attachment 1
Staff Reports - Infrastructure Services 13.12 - Attachment 2
Staff Reports - Infrastructure Services 13.12 - Attachment 3
Staff Reports - Infrastructure Services 13.13 - Attachment 1
Staff Reports - Infrastructure Services 13.13 - Attachment 2
Process
and Cost structure for Road Closures
Cost
Structure
An initial investigation of the
closure of Council Public Road will be undertaken to determine if closure will
vest in Council or the Crown and Council’s willingness to proceed with
the application.
Initial Investigation Fee - Price
on Application (POA) Minimum of $300 – The applicant needs to provide a
diagram of the section of Council Road Reserve proposed to be closed.
Subject to Council determining to
proceed with the application, an additional processing fee for time spent to
process the road closure application, write reports additional correspondence
organising advertising, quotes and advancing the closure as follows:.
a. $1200
application fee for closure of Council Public Roads that will vest in Council
b. $1800
application fee for closure of Council Public Roads that will vest in Crown
All costs associated with the
road closure to be recovered from the applicant. A quote will be obtained
and be provided to the applicant for acceptance. All quotes to be
invoiced and paid for before work is undertaken and before proceeding to the
next step.
Quotes / Invoices will be
provided for the following:
a. Advertising
b. Survey and
any costs associated with registration of plans
c. Legal Fees
d. Valuation
Costs
e. Any Council
fees for Development applications/subdivision certificates associated with a
road closure application. It will be a condition of all road closures
that the new lot creation from the road closure will have to be consolidated
into the existing adjoining parcel of land.
Estimate of costs – for
standard road closures
(these
amounts are estimates only)
Advertising - $40 to $50
Survey and LRS fees - $3000 to
$5000 (highly dependant on each individual circumstance)
Legal Fees - $1000 to $1800
(dependant on standard or special contracts)
Valuation Costs - $1500 to $3000
Council fees for consolidation
– $300 to $500
Road
Closure Process Generally Progresses as Follows:
A proposal is received by
Council, the road authority, for the closure of a Council Public Road. A diagram
of the section of Council Road Reserve proposed to be closed needs to be
provided by the applicant.
NB If the road is known to
be a Crown road then the applicant needs to contact Crown on 1300 886 235
(option 2) or email roads.newcastle@crownland.nsw.gov.au.
Upon receipt of an application
& receipt of the initial investigation fee:
1. An initial investigation of the road is carried out to
determine if it is viable to be closed and if the land is to vest in Council on
closure or Crown on closure. (POA minimum fee of $300).
2. A report is prepared to go to an internal meeting for
in-principle support.
3. The applicant is informed if support is given for the
closure. The following fee is paid before the road closure process can
progress.
a. Constructed road will vest with Council at closure fee
is $1200
b. Unconstructed road will vest with Crown at closure fee
is $1800
Note: Payment of fees does not guarantee a positive
outcome of road closure.
4. If the road is suitable for closure then a detailed
investigation is carried out. This assessment includes property
ownership, access to road, road status (constructed or unconstructed),
reporting additional correspondence organising advertising, quotes and
advancing the closure. Quotes are obtained for the following:
a. Advertising
b. Survey and any costs associated with registration of
plans. (The quote for survey needs to include a plan of consolidation for
new lot creation into existing parcel)
c. Legal Fees
d. Valuation Costs
e. Any Council fees for Development
applications/subdivision certificates associated with a road closure
application.
Note: Valuation – this can be arranged at any part
of the road closure process before the contract for sale is negotiated.
Quotes are obtained and decided on and paid on invoice with all payments being
required prior to undertaking the relevant work.
5. Advertising Fee is due. Notify proposal to close
Council road. The proposal is advertised in the local paper and a letter
is sent out to all owners of land adjoining the road. All notifiable
authorities are also informed. A 28 day submission period is given.
6. Notifiable Authorities include Essential Energy (or
relevant Electrical Supplier), APA Group (or relevant Gas Supplier), NSW
Department of Planning and Environment, NSW Department of Industry, Transport
for NSW, The State Transit Authority, RMS, Fire and Rescue NSW, NSW Rural Fire
Service, Forestry Corporation, Water Supplier, Local Land Services and National
Parks and Wildlife Service. If there are any submissions of objection
from any of these authorities the road closure process will stop until the
objection is withdrawn. The submission and appeals process of formal objections
is set out below.
a. Section 38C of the Roads Act 1993
38C PUBLIC SUBMISSIONS AND FORMAL OBJECTIONS
(1)
Any person may make submissions to the council with respect to the closing of
the road in the manner and within the period specified in the notice published
under section 38B.
(2)
Without limiting subsection (1), a notifiable authority in relation to
the road may include a statement in the authority's submission to the effect
that the authority formally objects to the closing of the road. The authority
may withdraw the objection any time by written notice given to the council.
Note : If a formal objection is made, section 38D (2) provides that
the road may not be closed until the objection is withdrawn by the authority or
set aside by the Land and Environment Court under this section.
(3) The
council may appeal to the Land and Environment Court against a formal objection
made by a notifiable authority against the closing
of the road.
(4)
On any such appeal, the Land and Environment Court may:
(a)
affirm the objection, or
(b)
set aside the objection.
(5)
In deciding whether to affirm or set aside the objection, the Land and
Environment Court must have regard to the public interest.
The
road closure process stops here if there is an outstanding formal objection
from an Authority.
7. All other submissions are assessed and any negotiations
can be made with objectors where appropriate.
8. A report is prepared to go to a Council meeting.
All submissions are included in the report. Council will consider all
submissions and makes a decision on the proposed road closure. A
resolution is passed.
9. A letter is sent out to all persons/authorities who
made submissions of the decision of Council.
10. Surveying Fees are due. Surveyor is engaged to prepare a
plan and associated documents which include subdivision certificate and s88B
instrument if necessary.
a. All appropriate documentation needs signature by the
appropriate person/s.
11. The plan and documents are lodged with LRS
a. Adhere to any plan requisition notices.
12. The Plan is registered with LRS.
13. A gazettal notice is prepare and lodged and published in the
Government Gazette.
14. There is a 60 day waiting period after Gazettal for any appeals.
15. Depending on initial assessment the road will either vest in
Council or in Crown.
a. Council – any contracts of sale are dealt
directly with Council
i. Complete 11R form and lodge with NSW Land and Registry Services.
ii. Your dealing is registered and a title is created for the closed
road.
iii. Council
receives the title for the former Council public road.
iv. Council
notifies authorities and landholders of the outcome.
v. Legal
Fees are due. Contracts are exchanged and the sale is facilitated.
vi. Survey
and Council Fees due for consolidation of new lot creation and existing parcel
of land. Application for consolidation of lots lodged with Council and once
finalised registered with LRS – original Certificate of Title of property
to be consolidated needs to be provided by the property owner to send to LRS.
b. Crown – any contracts of sale are dealt directly
with Crown – Council informs Department of Industry – Lands and no
longer has any involvement.
Staff Reports - Infrastructure Services 13.13 - Attachment 3
Staff Reports - Infrastructure Services 13.13 - Attachment 4
Staff Reports - Infrastructure Services 13.13 - Attachment 5
Staff Reports - Infrastructure Services 13.13 - Attachment 6
Staff Reports - Infrastructure Services 13.14 - Attachment 1
Staff Reports - Infrastructure Services 13.14 - Attachment 2
Staff Reports - Infrastructure Services 13.14 - Attachment 3
Staff Reports - Infrastructure Services 13.14 - Attachment 4
Staff Reports - Infrastructure Services 13.15 - Attachment 1
Staff Reports - Infrastructure Services 13.15 - Attachment 2
Staff Reports - Infrastructure Services 13.15 - Attachment 3
Staff Reports - Infrastructure Services 13.15 - Attachment 4
Staff Reports - Infrastructure Services 13.16 - Attachment 1
Staff Reports - Infrastructure Services 13.16 - Attachment 2
Staff Reports - Infrastructure Services 13.16 - Attachment 3
Staff Reports - Infrastructure Services 13.16 - Attachment 4
