Minutes of Ordinary (Planning) Meeting

BYRON SHIRE COUNCIL

Ordinary (Planning) Meeting Minutes 19 September 2019

MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 19 September 2019 COMMENCING AT 11:03am AND CONCLUDING AT 1:08PM

I2019/1436

PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr J Hackett, Cr A Hunter, Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner

Staff: Mark Arnold (General Manager)

Vanessa Adams (Director Corporate and Community Services)

Phil Holloway (Director Infrastructure Services)

Shannon Burt (Director Sustainable Environment and Economy)

Michael Matthews (Manager Open Spaces and Resource Recovery) – item 13.5

Heather Sills (Minute Taker)

The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.

Public Access

Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:

13.6 Report of Planning Review Committee Held on 8 August 2019

John Anderson addressed Council against the recommendation.

13.4 Place Planning Cluster Group – A new method of managing implementation of place plans

Ian Holmes addressed Council in favour the recommendation.

Question No. 1 – GHD Contract

Matthew Lambourne tabled the following question to Council:

With reference to Resolution 17-585 and the Construction Environmental Management Plan by GHS dated March 2019,w hat was the last date on which Council entered into a new contract or a new service under an existing contract with GHD, and when did Council become aware that GHD were performing work for Adani?

The Mayor took the question on notice.

Apologies

Procedural Motion

19-445

Resolved that the apology from Cr Coorey be accepted and a leave of absence granted.

(Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Requests for Leave of Absence

There were no requests for leave of absence.

Declarations of Interest – Pecuniary and Non-Pecuniary

Cr Richardson declared a non-pecuniary interest in Report 13.1. The nature of the interest being that he is a member of an associated organisation. Cr Richardson elected to leave in the Chamber and will not participate in discussion and the vote.

Cr Cameron declared a non-pecuniary interest in Report 13.5. The nature of the interest being that he is the treasurer of Goonengerry Landcare Group. Cr Cameron elected to remain in the Chamber and will participate in discussion and the vote.

Tabling of Pecuniary Interest Returns

There were no Pecuniary Interest Returns tabled.

Adoption of Minutes from Previous Meetings

19-446

Resolved that the minutes of the Ordinary (Planning) Meeting held 15 August 2019 be confirmed.

(Hunter/Ndiaye)

The motion was put to the vote and declared carried.

Reservation of Items for Debate and Order of Business

The Mayor suspended standing orders to allow for items to be reserved for debate, being:

Staff Reports

Sustainable Environment and Economy

Report No. 13.1 PLANNING -Byron Arts and Industry Estate Draft Precinct Plan

Report No. 13.3 Draft Mullumbimby Masterplan

Report No. 13.4 Place Planning Cluster Group - A new method of managing implementation of place plans

Report No. 13.5 Integrated Pest Management Strategy 2019-2029

Report No. 13.6 Report of Planning Review Committee held on 8 August 2019

The remaining Recommendations and Committee Recommendation were adopted as a whole, being moved by Cr Richardson and seconded by Cr Lyon. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 19-446 and concluding with Resolution No. 19-447.

Staff Reports - Sustainable Environment and Economy

Report No. 13.2 Proposed RU6 Transition Zone - Outcome of Public Exhibition

File No: I2019/755

19-447

Resolved:

1. That Council maintain the existing LEP 1988 zone, 7(d) Scenic Escarpment, in locations that do not qualify for an environmental zoning, until such time as a suitable replacement LEP 2014 zone is supported by the Department of Planning, Industry & Environment.

2. That Council place the preparation of a planning proposal to introduce a new LEP 2014 zone, RU6 Transition, on hold pending further discussions with the DPIE and other Councils within the region. (Richardson/Lyon)

Staff Reports - Infrastructure Services

Report No. 13.7 Draft Plan of Management Suffolk Park Recreation Grounds

File No: I2019/1297

19-448

Resolved that Council adopt the Draft Plan of Management for the Suffolk Park Recreation Ground as amended at Attachment 1 (E2019/63630). (Richardson/Lyon)

Procedural Motion

19-449

Resolved that Council change the order of business to deal with Reports 13.6 and 13.4 next on the Agenda. (Richardson/Lyon)

The motion was put to the vote and declared carried.

Staff Reports - Sustainable Environment and Economy

Report No. 13.6 Report of Planning Review Committee held on 8 August 2019

File No: I2019/1221

19-450

Resolved that Council adopt the report of the Planning Review Committee meeting held on 8 August 2019. (Cameron/Richardson)

The motion was put to the vote and declared carried.

Report No. 13.4 Place Planning Cluster Group - A new method of managing implementation of place plans

File No: I2019/1087

19-451

Resolved:

1. That Council support the establishment of a Place Planning Cluster Group to manage the implementation of Mullumbimby, Bangalow and Byron Arts and Industry Estate Place Plans (in the first instance).

2. That an Expression of Interest and random selection process for membership commence concurrently with the public exhibition of the Mullumbimby Masterplan and Byron Arts and Industry Estate Precinct Plan, in order to identify members for the Place Planning Cluster Group, with a further report to Council following on the outcome. (Richardson/Ndiaye)

The motion was put to the vote and declared carried.

Report No. 13.1 PLANNING -Byron Arts and Industry Estate Draft Precinct Plan

File No: I2019/692

In accordance with his earlier declared pecuniary interest in this matter, Cr Richardson left the Chamber at 11:42am and returned following the vote at 11:55am.

The Deputy Mayor took the Chair for this item.

19-452

Resolved:

1. A new priority action (MA4) be included in the Mobility and Access section to include consultation with bus operators and Transport for NSW with the objective of increasing bus services, improving connections with other buses, rail and active transport hubs as well improvements to support bus services such as more bus stops, weather proof bus shelters and signage.

2. That Mobility and Access ‘Supporting Actions’ be numbered and the word future removed from dot point 3.

3. That Council endorse the Draft Precinct Plan, Attachment 1 (E2019/47098) for Byron Arts and Industry Estate for Public Exhibition for a period of six weeks.

4. That Council receive a further report at the close of the exhibition period detailing submissions made and next steps for Plan implementation.

5. That Council endorse Option 1 for the Centennial Circuit one way traffic trial and consider an allocation of up to $30,000 at the September quarterly budget review to achieve the project.

6. That Council request staff to accelerate the preparation of a Structure Plan for Lot 12 concurrent with the finalisation of the Draft Precinct Plan. (Ndiaye/Cameron)

The motion was put to the vote and declared carried.

Report No. 13.3 Draft Mullumbimby Masterplan

File No: I2019/885

19-453

Resolved:

1. The draft Our Mullumbimby Masterplan be amended as follows:

a) Flow chart on page 33 be redesigned to make text (with appropriate background colour) substantially more readable and all graphics with text overlay (eg snapshot on page 6) be reviewed similarly to improve readability.

b) All references to the ‘RSL’ be amended to Mullumbimby Ex-Services Club.

c) Action 20 (pp 40 and 65) be amended to remove the word ‘future’.

d) Action 20 in table on page 65 to include Brunswick Valley Historical Society as a stakeholder and remove TNSW as a stakeholder.

e) Action 26 (pp 46 and 67), add the words ‘and pedestrian accessibility’ after the word ‘flow’ with ‘mobility and access study’ to be added to the enabling action column.

f) Action 32 (p. 68), add ‘mobility and access study’ to the enabling action column.

g) Review all actions in tables on pp 62-68 and amend wording to ensure that the same wording used in the body of the document is used in the action table, including any relevant dot points describing actions/rationale such as for action 32.

2. That action 20, history trail remain as a priority project with action including funding actions as stated in Resolution 19-325 remain unchanged.

3. That Council endorse the exhibition of the Draft Mullumbimby Masterplan as shown in Attachment 1 (E2019/61908) for six weeks; including coordinating a range of community engagement activities during that period to maximise the community’s input into finalisation of the draft Plan.

4. That Council receive a further report at the close of the exhibition period detailing the engagement undertaken and the community response received to the Plan.

(Cameron/Lyon)

The motion was put to the vote and declared carried.

Report No. 13.5 Integrated Pest Management Strategy 2019-2029

File No: I2019/1212

Moved:

That Council review the draft Integrated Pest Management Strategy 2019-2029 (IPMS) as follows:

1. Improve readability by use of more appropriate placement of text, particularly over graphics, and choice of ink colours and transparency.

2. Redesign layout to ensure better coherence and relationship of text and adjacent graphics.

3. Refer amended layout, text, graphics and ink choice to the Access Panel for assessment of readability and also to the Communications Panel for overall coherence of document.

4. Check factual statements contained in documents, particularly in relation to past and current use of chemical and manual control methods of weeds on roadsides.

5. Clarify, distinguish and contrast between weed control methodology for regeneration sites and roadside weed management with full disclosure of the benefits and negative impacts of all possible control methods for roadside weed management.

6. Include full description of weed removal and native vegetation replacement methodology for weed management on roadsides (Small Steps to Healthier Roadside Vegetation).

7. Distinguish between urban and rural roadside weed management practice and control methodology currently in use and proposed for the future.

8. Clearly distinguish, contrast and review relationship between objectives of reduced chemical control, biodiversity obligations and roadside weed management to ensure coherent and effective strategy.

9. Consult with Goonengerry Landcare to provide full description of the development and practice of partnership with Goonengerry Landcare including acknowledgement of volunteers, pictures and demonstrated understanding of the role of Small Steps in achieving IPSM objectives.

10. On completion of items 1-9 above, present the revised draft to a Strategic Planning Workshop prior to re-exhibition. (Cameron/Hackett)

Procedural Motion

19-454

Resolved that Cr Cameron be granted a two minute extension to his speech. (Lyon/Richardson)

The motion was put to the vote and declared carried.

AMENDMENT

19-455

Resolved:

1. That Council adopt the Integrated Pest Management Strategy 2019-2029 (Attachment 2 E2019/63575) with the following changes:

a. Improve readability by use of more appropriate placement of text, particularly over graphics, and choice of ink colours and transparency.

b. Redesign layout to ensure better coherence and relationship of text and adjacent graphics.

2. That Council include the ‘Implementation of the Integrated Pest Management Strategy 2019-2029’ as an activity in the 2019/20 Delivery Program and Operational Plan.

3. That Council note that implementation of the Integrated Pest Management Strategy 2019-2029 will be accommodated within the Infrastructure Services Directorate budgets.

4. That further information regarding control methods of weeds on roadsides be developed with a view of incorporating them into an amended strategy after a 12 month review and that:

a. During that period, consult with Goonengerry Landcare to provide full description of the development and practice of partnership with Goonengerry Landcare including acknowledgement of volunteers, pictures and demonstrated understanding of the role of Small Steps in achieving IPSM objectives.

5. Amend the first paragraph on page 3 to add the sentence “Whilst maximising our best practice weed management of our biodiversity rich areas.” (Richardson/Spooner)

The amendment was put to the vote and declared

Crs Ndiaye, Hackett and Cameron voted against the amendment.

The amendment upon becoming the substantive motion was put to the vote and declared

Crs Hackett and Cameron voted against the motion.

There being no further business the meeting concluded at 1:08pm.

I hereby certify that these are the true and correct Minutes of this Meeting

as confirmed at Council’s Ordinary (Planning) Meeting on 17 October 2019.

….…………………………

Mayor Simon Richardson