Attachments of Ordinary (Planning) Meeting

1) BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.3 - Attachment 2

10.2019.375.1

SCHEDULE 1 CONDITIONS OF CONSENT

Parameters of consent

Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.	Description	Prepared by	Dated:
DA100 Rev 01	Site Plan	Dominic Finlay-Jones	26/06/19
DA220 Rev 01	Plan Proposed Woks	Dominic Finlay-Jones	26/06/19
DA222 Rev 01	Proposed Penny Lane Works Plan	Dominic Finlay-Jones	26/06/19
DA300 Rev 01	Elevations	Dominic Finlay-Jones	26/06/19

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

Operational Noise Management

The development must be operated in accordance with the recommendations contained Noise Impact Assessment Ref: 26/2019_ext dining prepared by Tim Fitzroy & Associates dated 4 July 2019. The operator shall ensure that:

· Eastern facing windows and doors are to remain closed from 6pm until closing;

· The breezeway noise barrier is to remain closed from 6pm until closing;

· Southern door is to remain closed from 6pm until closing;

· Exhaust fans in mechanical ventilation should be generally operated at medium speed;

· Condensers Louvers are to remain in place as per recommendations in Environmental Nosie Impact Assessment of Mechanical Plant, Habitat Development, 2 Porter Street Byron Bay (5 February 2018).

The following conditions are to be complied with prior to issue of a Construction Certificate for building works

Revised Noise Management Plan required

Recommended operational measures contained in Noise Impact Assessment Ref: 26/2019_ext dining prepared by Tim Fitzroy & Associates dated 4 July 2019 must be incorporated in a revised Noise Management Plan. The NMP shall detail the methods that will be implemented for the whole project to minimise operational noise. Information should include:

a) Identification of nearby residences and other sensitive land uses;

b) Assessment of expected noise impacts;

c) Detailed examination of feasible and reasonable work practices that will be implemented to minimise noise impacts;

d) Clear and defined acceptable rules of behaviour of patrons;

e) Adherence to responsible service of alcohol regulations;

f) Strategies to promptly deal with and address noise complaints;

g) Details of performance evaluating procedures (for example, noise monitoring or checking work practices and equipment);

h) Procedures for notifying residents of forthcoming worlds that are likely to produce noise impacts, and

i) Reference to relevant consent conditions.

The NMP must be prepared by a suitably qualified acoustic engineer or equivalent professional and submitted for approved as part of the application for a Construction Certificate.

Details of acoustic barrier to be submitted for approval

The application for a Construction Certificate must include plans and specifications for noise barrier for attenuation of condensers recommended in Noise Impact Assessment Ref: 26/2019_ext dining prepared by Tim Fitzroy & Associates dated 4 July 2019. Such plans and specifications must be approved as part of the Construction Certificate for building works.

Long Service Levy to be paid

In accordance with Section 4.68 of the Environmental Planning and Assessment Act 1979 (as amended), a Construction Certificate for SUBDIVISION WORKS OR BUILDING WORKS shall NOT be issued until any Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid (as applicable).

These payments can be made online at www.longservice.nsw.gov.au. Proof of payment is required to be submitted with the Construction Certificate application.

For further information regarding the Long Service Payment please refer to the website above.

Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued upon payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.

Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.

Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.

Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081. Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

Payment by Personal or Company Cheque will not be Accepted

Site Waste Minimisation and Management

All works must comply with the objectives of waste minimisation and waste management of Part B8.1.2 of DCP 2014.

The following conditions are to be complied with prior to any building or construction works commencing

Erosion and sediment measures

Where erosion of soils or runoff of any substance is likely to occur, erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. This may include stockpiled materials such as sand, etc.

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

The following conditions are to be complied with during any building or construction works

Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a. Monday to Friday, from 7 am to 6 pm.

b. Saturday, from 8 am to 1 pm.

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

10.

Construction Noise

Construction noise is to be limited as follows:

a. For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b. For construction periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

Note: Council may impose on-the-spot fines for non-compliance with this condition.

11.

Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a. stating that unauthorised entry to the work site is prohibited, and

b. showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

12.

Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

13.

Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

14.

Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

15.

Acoustic Barriers must be constructed

Acoustic barriers must be constructed in accordance with Noise Impact Assessment Ref: 26/2019_ext dining prepared by Tim Fitzroy & Associates dated 4 July 2019 and conditions of this consent.

The following conditions are to be complied with prior to occupation of the building

16.

Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development including approvals issued under the Local Government Act 1993 and the Roads Act 1993, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

17.

Acoustic Barriers must be certified

The Principle Engineer must provide certification in writing to Council that all works including construction of acoustic barriers for attenuation of condensers were carried out in accordance with Noise Impact Assessment Ref: 26/2019_ext dining prepared by Tim Fitzroy & Associates dated 4 July 2019.

18.

Modification of Condition 80 of Development Consent 10.2015.353.1 (as amended)

Prior to the issue of any Occupation Certificate for this development application the owner or other authorised persons shall modify development Consent DA10.2015.353.7 pursuant to Section 4.17(5) of the EPA Act 1979 and Clause 97 of the EPA Regulations 2000 by amending Condition 80 of DA10.2015.353.7 as follows:

80. Hours of Operation

The opening hours of the various land uses contained within the development are limited to those provided below;

• Commercial and Retail areas within Buildings B1 and C1 - C5: 7am to 8pm.

• Creative Industry uses within Buildings LW1-1, LW1-2 & LW1-3: 7am to 8pm.

• Office uses within Dwelling Types A1, A2 & A5: 7am to 8pm.

• Workspace uses within Dwelling Types D4, D5A, D7A, D8, D8B & D9: 7am to 8pm.

• Restaurant within Building C1 : 7am to midnight.

• Recreation facilities: 6am to 10pm Monday to Sunday.

A Notice of Modification to be submitted to Council in accordance with Clause 97 of the EPA Regulations 2000 prior to the issue of any Occupation Certificate.

The following conditions are to be complied with at all times

19.

Operational Noise Management

Development shall be operated in accordance with Noise Impact Assessment Ref: 26/2019_ext dining prepared by Tim Fitzroy & Associates dated 4 July 2019; Environmental Nosie Impact Assessment of Mechanical Plant, Habitat Development, 2 Porter Street Byron Bay (5 February 2018) and Revised Noise Management Plan as approved by Council.

20.

Hours of Operation of the Outdoor Dining Area

The Hours of operation for the outdoor dining area approved in association with the Restaurant in Building C1 are limited to 7am to 10pm.

21.

Use of outdoor dining area

The use of the outdoor dining area approved in association with the restaurant in Building C1 is limited to outdoor dining only and excludes any amplified/live music.

22.

Approved licensed area

The approved licensed area must be consistent with the approved dining area as approved by stamped plan “DA 220 Plan Proposed Works” prepared by Dominic Finlay-Jones and dated 26/06/19.

23.

Total Number of Patrons

The total number of patrons utilising the Outdoor Dining area in association with the restaurant in Building C1 is limited to 216 people combined.

24.

Delivery Vehicles

All delivery vehicles to enter the site via Wallum Place and exit via Penny Lane.

25.

Waste collection services

Waste collection services must not unreasonably interfere with the amenity of the neighbourhood. In particular vehicle and mechanical noise from waste collection services can only occur between the hours of 7.00am and 5pm Monday - Saturday and 8am and 5pm Sunday.

26.

No interference with amenity

The use of the premises shall not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. In particular:

a) Any complaints to Council about ‘offensive’ noise will be dealt with under the provisions of the Protection of the Environment Operations Act 1997.

b) Only clean and unpolluted water is permitted to be discharged to Councils’ stormwater drainage system or any waters.

c) All wastes shall be contained within appropriate containers fitted with a tight-fitting vermin-proof lid.

d) All trade waste pre-treatment devices and other waste storage facilities shall be serviced and maintained to ensure that all relevant environment protection standards are satisfied.

e) Goods deliveries shall be restricted to between 7.00am and 5.00pm Monday to Saturday, and 8am and 5pm Sunday.

27.

No Weddings or Group Functions at Any time

The outdoor dining area approved in association with the restaurant in Building C1 must not be used for wedding receptions, ceremonies or other group functions. .

SCHEDULE 2 PRESCRIBED CONDITIONS

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A Erection of signs

Clause 98B Notification of Home Building Act 1989 requirements

Clause 98E Condition relating to shoring and adequacy of adjoining property

Refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

SCHEDULE 3 NOTES

Construction Certificate required:

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing. Application forms are available from the customer services counter or Council’s website www.byron.nsw.gov.au

Principal Certifying Authority:

Work must not commence until the applicant has:-

a. appointed a Principal Certifying Authority (if the Council is not the PCA); and

b. given Council at least two days notice of the intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

c. notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Protection of the Environment Operations Act 1997:

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (“on-the-spot fine”) or prosecution.

Penalties apply for failure to comply with development consents

Failure to comply with conditions of development consent may lead to an on the spot fine being issued pursuant to section 4.2(1) of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 9.50 of the Environmental Planning & Assessment Act 1979.

Water payments under the Water Management Act 2000

Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
(ET Policy 2018)

Water	4.34 ET
Bulk Water	4.34 ET
Sewer	4.34 ET

NB: Information regarding Development Servicing charges can be found on the Byron Shire Council website (http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64). These charges will enable you to calculate the total contribution charges payable when you are ready to pay them. Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment.

Relics Provisions- Advice

Attention is directed to the NSW Heritage Act 1977 and the provisions of the Act in relation to the exposure of relics. The Act requires that if:

a) a relic is suspected, or there are reasonable grounds to suspect a relic in ground, that is likely to be disturbed damaged or destroyed by excavation; and/or

b) any relic is discovered in the course of excavation that will be disturbed, damaged or destroyed by further excavation;

Those responsible for the discovery must notify nominated management personnel who will in turn notify the Heritage Council of New South Wales or its delegate, the Office of Environment and Heritage, NSW Heritage Branch, and suspend work that might have the effect of disturbing, damaging or destroying such relic until the requirements of the NSW Heritage Council have been satisfied (ss139, 146).

Notes

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.4 - Attachment 2

DEVELOPMENT APPLICATION EVALUATION REPORT

Doc No. #A2019/13319

DA No:	10.2019.220.1
Proposal description:	Use of Unauthorised Additions to Existing Dual Occupancy Dwelling (Conversion of Garage to Bedroom), Carparking and Tree Relocation
Property description:	LOT: 5 DP: 849496
	3 Comet Close BYRON BAY
Parcel No/s:	200950
Applicant:	Byron Bay Planning & Property Consultants
Owner:	Mrs A O'Grady
Zoning:	R2 Low Density Residential
Date received:	29 April 2019
Integrated / Designated Development:	☐ Integrated	☐ Designated	☒ Not applicable
Concurrence required	No
Public notification or exhibition:	- Level 1 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications - Exhibition period: 9/5/19 to 22/5/19 - Submissions received: Nil
Planning Review Committee:	Not applicable
Concurrent approvals (S68/138):	Not applicable
Variation request	☐ Clause 4.6	☐ SEPP 1	☒ Not applicable
Delegation to determine	Manager, Sustainable Development
Issues:	Front building setback Car parking manoeuvrability
Summary:	Development consent is sought for Use of Unauthorised Additions to Existing Dual Occupancy Dwelling (Conversion of Garage to Bedroom) and new Carparking and Tree Relocation. The proposed development has not demonstrated compliance with the provisions of DCP 2014. The Development Application is recommended for refusal for the reasons listed in the recommendation of the report below.
Recommendation:	Pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2019.220.1 for Use of Unauthorised Additions to Existing Dual Occupancy Dwelling (Conversion of Garage to Bedroom), Carparking and Tree Relocation, be refused for the reasons attached at the end of this report:
Determination	Agree with recommendation: ☐ Yes ☐ No Check for comments in report: ☐ Yes ☐ No Further information required: ☐ Yes ☐ No

1. INTRODUCTION

1.1. History/Background

5.1992.433.1 – 12 x Dual Occupancies and subdivision to create 24 lots – approved 05/05/93

1.2. Description of the proposed development

This application seeks approval for Use of Unauthorised Additions to Existing Dual Occupancy Dwelling (Conversion of Garage to Bedroom), Carparking and Tree Relocation

1.3. Description of the site

A site inspection was carried out on 6 May 2019

Land is legally described as	LOT: 5 DP: 849496
Property address is	3 Comet Close BYRON BAY
Land is zoned:	R2 Low Density Residential
Land area is:	281 m2
Property is constrained by:	Bushfire prone land Acid Sulfate Soils Class 2

Existing converted garage viewed from Comet Cl looking NW

2. SUMMARY OF REFERRALS

Referral	Issue
Development Engineer	Refusal recommended. See Doc # A2019/13334
Building Surveyor	No objections subject to recommended deferred commencement condition. See Doc # A2019/13338

3. SECTION 4.14 – BUSH FIRE PRONE LAND

Under section 4.14 of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land, that the development complies with the document Planning for Bush Fire Protection 2006. The site is bush fire prone land. The proposal can reasonably comply with Planning for Bushfire Protection 2006.

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

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

4.1 State Environmental Planning Instruments

	Satisfactory	Unsatisfactory
State Environmental Planning Policy No 55—Remediation of Land	☒	☐
Consideration: The application does not propose any disturbance of soil so no further investigation is required.
State Environmental Planning Policy (Coastal Management) 2018	☒	☐
Consideration: Clause 11 – Development on land in proximity to coastal wetlands or littoral rainforest (1) Development consent must not be granted to development on land identified as “proximity area for coastal wetlands” or “proximity area for littoral rainforest” on the Coastal Wetlands and Littoral Rainforests Area Map unless the consent authority is satisfied that the proposed development will not significantly impact on: (a) the biophysical, hydrological or ecological integrity of the adjacent coastal wetland or littoral rainforest, or (b) the quantity and quality of surface and ground water flows to and from the adjacent coastal wetland or littoral rainforest. The subject site is located within proximity to coastal wetlands. The application proposes only residential works. The proposal is consistent with the provisions of Clause 11 of the Coastal Management SEPP.

4.2 Byron Local Environmental Plan 2014 (LEP 2014)

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

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

(a) The proposed development is defined in the LEP 2014 Dictionary as Dual Occupancy (alterations and additions to) ;

(b) The land is within the R2 Low Density Residential according to the Land Zoning Map;

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

Zone Objective

Consideration

encourage a range of housing types

The application seeks approval for the use of alterations and additions to a dual occupancy dwelling

ensure non residential uses have a domestic scale and character.

The proposal is for residential use only

The proposed development is generally compliant with LEP 2014.

4.3 Any proposed Instrument that has been the subject of public consultation and has been notified to the consent authority

Not applicable

4.4 Byron Shire Development Control Plan 2014 (DCP 2014)

DCP 2014 is an applicable matter for consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP& A Act because it applies to the land to which LEP 2014 applies.

B4 Traffic Planning, Vehicle Parking, Circulation and Access

The proposed parking arrangement does not comply with Byron Shire Council DCP 2014 part B.4.2.2.4 Parking Layout Standards.

Due to the alignment of the narrow roadway vehicles reversing onto the roadway to allow the egress of the other vehicle is likely to cause traffic conflicts and inconvenience (approximately 5 other crossovers within this area). It is also noted that there is a high number of cars informally parking and bins placed on the street which further limit the available turning area.

D1.2.2 – Setbacks from Boundaries

The DCP requires a 5.5m street frontage setback to car parking. The DCP also requires that “no development is permitted within the building setbacks other than garbage storage facilities, mail boxes, landscaping and driveways”.The application seeks consent for car parking with a street frontage setback of approximately 1m.

The proposal does not comply with the objectives of this development standard as a variation to permit car parking with a 1m front building setback would not complement and harmonise with the existing streetscape. Permitting such a setback would detract from the existing amenity in the locality and reduce the quality of the living environment.

Approval of such a variation would set an undesirable precedent that would not be in the public interest.

The proposal has not demonstrated compliance with DCP 2014 and refusal of the application is recommended.

4.5 Any Planning Agreement or Draft Planning Agreement?

	Yes	No
Is there any applicable planning agreement or draft planning agreement?	☐	☒
Consideration:

Yes

Is there any applicable planning agreement or draft planning agreement?

☐

☒

Consideration:

4.6 Environmental Planning & Assessment Regulation 2000 Considerations

Clause	This control is applicable to the proposal:	I have considered this control as it relates to the proposal:	If this control is applicable, does the proposal comply?
92	No	N/A	N/A
93	No	N/A	N/A
94	No	N/A	N/A
94A	No	N/A	N/A

4.7 Any Coastal Zone Management Plan?

	Satisfactory	Unsatisfactory	Not applicable
Is there any applicable coastal zone management plan?	☐	☐	☒
Consideration:

Satisfactory

Unsatisfactory

Not applicable

Is there any applicable coastal zone management plan?

☐

☒

Consideration:

4.8 The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

Impact on:	Likely significant impact/s?
Natural environment	No. The proposal will not have a significantly adverse impact on the natural environment of the locality.
Built environment	No. The proposal will not have a significantly adverse impact on the built environment of the locality.
Social Environment	No. The proposal will not have a significant social impact on the locality.
Economic impact	No. The proposal will not have a significant economic impact on the locality.

Are there any Council Policies that are applicable to the proposed development?

Council Policy	Consideration
Development Policy	The proposal is not consistent with this policy as it does not comply with DCP 2014 and the granting of approval for the requested variation would not be in the public interest.

4.9 The suitability of the site for the development

The site is a serviced, unconstrained property.

4.10 Submissions made in accordance with this Act or the regulations

The development application was publicly exhibited

There were no submissions made on the development application:

4.11 Public interest

The proposed development does not comply with DCP 2014 front setback requirements. Approval of the requested variation to front setback requirements would set an undesirable precedent that would not be in the public interest.

5. DEVELOPER CONTRIBUTIONS

5.1 Water & Sewer Levies

No Section 64 levies will be required.

5.2 Section 7.11 Contributions

No Section 7.11 Contributions will be required.

6. CONCLUSION

The proposed development has not demonstrated compliance with the provisions of DCP 2014. The Development Application is recommended for refusal for the reasons listed in the recommendation of the report below:

7. REASONS FOR DECISION, HOW COMMUNITY VIEWS WERE ADDRESSED

Note: From July 1 2018, Council’s are required to give and publicly notify reasons for a range of planning decisions where they are deciding if development should proceed to help community members to see how their views have been taken into account and improve accountability to stakeholders. A statement of reasons for the determination of this application is provided below.

Statement of Reasons

The proposed development does not comply with the considerations of Section 4.15 of the Environmental Planning & Assessment Act 1979.

The proposed development does not comply with the provisions of Development Control Plan 2014.

The proposed development is not in the public interest.

How community views were addressed

The DA was notified/advertised in accordance with Development Control Plan 2014. No submissions were received.

8. RECOMMENDATION

It is recommended that pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2019.220.1 for Use of Unauthorised Additions to Existing Dual Occupancy Dwelling (Conversion of Garage to Bedroom), Carparking and Tree Relocation, be refused for the following reasons:

REASONS FOR REFUSAL

1. Pursuant to Section 4.15(1)(a)(iii) the proposal has not demonstrated compliance with the requirements of part B4.2.2.4 and the objectives and performance criteria of part D1.2.2 of Development Control Plan 2014.

2. Pursuant to Section 4.15(1)(b) the proposed development would create an unreasonable visual amenity impact on the streetscape.

3. Pursuant to Section 4.15(1)(e) the proposed development is not in the public interest as it would create an undesirable precedent.

9. DISCLOSURE OF POLITICAL DONATIONS AND GIFTS

Has a Disclosure Statement been received in relation to this application	No
Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division.	No

Provide Disclosure Statement register details here: Not applicable

10. ENDORSEMENT

Assessment Officer: Mr D J Johnstone

Signature: ..............................................................................................................................

Date: 27/06/2019

11. INSTRUMENT OF EXERCISE OF DELEGATED AUTHORITY

The application is determined in accordance with the above recommendation (amendments have been made where necessary) under delegated authority.

Name: Chris Larkin

Position: Manager - Sustainable Development

Signature: ...................................................................................................................................

Determination Date: ...................................................................................................................

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.5 - Attachment 2

10.2019.146.1 Conditions of Consent

Parameters of this Consent

1) Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.	Description	Prepared by	Dated:
DD10.1 – Rev 8	Site Plan	Thomson Adsett Architect	26.09. 2019
DD-11.1–Rev 5	External Works	Thomson Adsett Architect	26.09. 2019
DD20.1 – Rev 7	Floor Plan	Thomson Adsett Architect	26.09. 2019
DD-20.2–Rev 6	Roof Plan	Thomson Adsett Architect	26.09. 2019
DD26.1 – Rev 7	Ceiling Plan	Thomson Adsett Architect	26.09. 2019
DD30.1 – Rev 7	Elevations North and South	Thomson Adsett Architect	26.09. 2019
DD30.2 – Rev 7	Elevations East and West	Thomson Adsett Architect	26.09. 2019
DD31.0 – Rev 6	Site Sections	Thomson Adsett Architect	26.09. 2019
DD31.0 – Rev 6	Sections	Thomson Adsett Architect	26.09. 2019
DD50.1 – Rev 4	Door Schedules and Details	Thomson Adsett Architect	26.09. 2019
DD50.2 – Rev 4	Window Schedules and Details	Thomson Adsett Architect	26.09. 2019
60.1 – Rev 4	Sun Shadow Study	Thomson Adsett Architect	26.09. 2019
901-LCP01 – Rev B	Landscape Concept Plan	Alderson and Associates Landscape Architects	26.09. 2019
19215-SW_B	SMP	Greg Alderson & Associates	7/2/19

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent. The approved plans and related documents endorsed with the

Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

2) Essential Energy Requirements

If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment. Notwithstanding, the following conditions apply:

a) Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property should be complied with;

b) Any activities must be undertaken in accordance with the latest industry guideline currently known as ISSC 20 Guideline for the Management of Activities within Electricity Easements and Close to Infrastructure;

c) Prior to carrying out any works, a “Dial Before You Dig” enquiry should be undertaken in accordance with the requirements of Part 5E (Protection of Underground Electricity Power Lines) of the Electricity Supply Act 1995 (NSW); and

d) Given there is electricity infrastructure in the area, it is the responsibility of the person/s completing any works around powerlines to understand their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has publications that provide guidance when working close to electricity infrastructure. These include the Code of Practice – Work near Overhead Power Lines and Code of Practice – Work near Underground Assets.

The following conditions are to be complied with prior to issue of a Construction Certificate

3) Plans and specifications for acoustic fence must be submitted for approval

The application for a Construction Certificate must include plans and specifications for the acoustic fences recommended in Noise Impact Assessment prepared by Greg Alderson and Associates No. 19215_NIA_2) dated August 2019. Such plans and specifications must be approved as part of the application for a Construction Certificate for building works.

4) Geotechnical Report required – Engineering Works

A certificate from a professional Engineer experienced in soil mechanics is to be provided to

the Principal Certifying Authority, certifying that:

a) the design of the civil engineering works, including cut & fill batters, has been assessed as structurally adequate,

b) the civil engineering works will not be affected by landslip or subsidence either above or

below the works and,

c) adequate drainage has been provided.

5) On-site stormwater detention approval required

The application for a Construction Certificate is to include plans and specifications for stormwater drainage in accordance with the relevant Australian Standard. All stormwater drainage for the development must be conveyed via an on-site stormwater detention system by gravity to pit in Bottlebrush Cres

Such plans and specifications must be approved as part of the Construction Certificate.

All stormwater drainage systems within the lot and the connection to a public or an inter-allotment drainage system must:

(a) Generally in accordance with Greg Alderson & Associates SMP19215-SW_B;

(b) Provision of a trafficable trench grate in the driveway at the property boundary adjacent to Bottlebrush Cres and connect into the OSD tank;

(c) comply with any requirements for the disposal of stormwater drainage and on-site stormwater detention contained in Council’s Development Control Plan, Stormwater Guideline and Local Approvals Policy; and

(d) unless exempt from obtaining an approval under section 68 of the Local Government Act 1993 by a Local Approvals Policy, an approval must be obtained under that Act prior to issue of a Construction Certificate.

6) Water and Sewerage - Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.

7) Flood Planning Level for Buildings

The flood planning level for this development is R.L.11.39 metres A.H.D.

The plans and specifications to accompany the construction certificate application are to indicate a minimum floor level that is at or above the flood planning level.

The plans and specifications to accompany the construction certificate application are to also indicate the use of flood compatible materials and services below the flood planning level in accordance with the requirements of Council’s Development Control Plan 2014 – Chapter C2 – Areas Affected by Flood; and

Such plans and specifications must be approved as part of the Construction Certificate.

8) Access and facilities for disabled

The application for a Construction Certificate is to include plans and specifications that

indicate access and facilities for persons with access disabilities to and within the development

in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building

Code of Australia. Such plans and specifications must be approved as part of the Construction Certificate.

9) Long Service Levy to be paid

A Long Service Levy must be paid to the Long Service Payments Corporation. This is a State Government Levy and is subject to change. These payments may be made online at www.lspc.nsw.gov.au or at Council’s Administration Office, Station Street, Mullumbimby. Where paying to Council, cheques are to be made payable to ‘Byron Shire Council’.

For further information regarding the Long Service Payment please refer to the website above.

10) Section 7.12 Levy to be paid

Prior to the issue of a construction certificate the section 7.12 levy required by the Byron Developer Contributions Plan 2012 must be paid to Council.

The levy will be calculated as follows:

Levy payable = %C x $C

%C is the levy rate applicable as set out in the latest Ministerial Direction issued under section 7.17.

$C is the proposed cost of carrying out the development.

The rate of %C is:

Proposed cost of the development	Maximum percentage of the levy
Up to $100,000	Nil
$100,001–$200,000	0.5 percent
More than $200,000	1.0 percent

The cost of development must be calculated in accordance with clause 25J of the Regulation. The Cost Summary Report (copy attached) as set out in schedule 2 of the Section 7.12 contributions plan must be submitted to Council with the payment. The cost summary report must be prepared by a quantity surveyor. Copies of Cost Summary Report are available at Council’s main office or may be downloaded from Council’s website.

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

11) Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued upon payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

Payment by Personal or Company Cheque will not be Accepted

12) Consent required for works within the road reserve

Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.

Such plans are to be in accordance with Council’s current Design & Construction Manuals.

13) Car parking layout, vehicle circulation and access plans required.

The application for a Construction Certificate for the Centre-based child care facility is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.

The access, parking and manoeuvring for the site is to comply with the requirements of AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:

a) A total of 18 car parking spaces including 1 dedicated for people with disability. (NB. One car parking space to be marked as a short term drop off and pick up space);

b) pavement design, comprising an all weather surface, such as asphalt, bitumen seal, concrete, pavers or other similar treatment;

c) site conditions affecting the access;

d) existing and design levels;

e) longitudinal section from the road centreline to the car space(s);

f) cross sections every 15 metres;

g) drainage details;

h) turning paths; and

i) line marking and signage.

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

Such plans and specifications must be approved as part of the Construction Certificate.

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

14) Building Code of Australia

Construction of the Centre-based child care facility must comply with any requirements such as building attenuation and ventilation deemed necessary under the Building Code of Australia and any other building standard.

15) Trade Waste - Section 68 Part C approval required

An approval under Section 68 Part C of the Local Government Act 1993 to discharge trade waste into Council’s sewer must be obtained in accordance with NSW Office of Water Liquid Trade Waste Regulations Guidelines 2009, Council’s Liquid Trade Waste Policy and Liquid Trade Waste Guidelines.

Commercial, business, trade and industrial activities discharging or proposing to discharge to the sewer are required to notify Council and complete the Trade Waste Registration Form available at the Mullumbimby Office and from Council’s website at: http://www.byron.nsw.gov.au/files/publications/liquid_trade_waste_application_form_0.pdf

Trade Waste approval is required prior to gain Section 68 Part B approval to carry out water supply work and sewerage work.

16) Site Waste Minimisation and Management Plan

Chapter B8 of Byron Shire Development Control Plan 2014 (DCP 2014) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development. Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation and use of the development. The SWMMP must specify the proposed method of recycling or disposal and the waste management service provider.

A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publication/swmmp - pro-forma-.doc

The following conditions are to be complied with prior to commencement of building works

17) Erosion and sediment measures

Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites. A copy may be downloaded from Council’s web site at http://www.byron.nsw.gov.au.

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

Note: Council may impose on-the-spot fines for non-compliance with this condition. Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

The following conditions are to be complied with during construction

18) Acoustic fence

The acoustic fence is to be constructed in accordance with the Noise Impact Assessment by Greg Alderson and Associates (report no. 19215_NIA) dated August 2019, and plans approved by Council.

19) Fence Top Privacy Screen

A fence top privacy screen shall be constructed as shown on the plans to provide visual privacy to all Beech Drive residences.

20) Kitchen areas

The following facilities must be provided in the kitchen areas:

a) all surfaces must be smooth, impervious and able to be easily cleaned;

b) water used for any activities involved in the preparation of food, personal hygiene, cleaning and sanitising must be potable.

21) Inspection for sewage and drainage

All plumbing and drainage works is to be installed by a suitably qualified person. The plumber must adhere to the requirements of the NSW Code of Practice and AS/NZ 3500. The plumber is to arrange for the following inspections to be undertaken:

a) Internal drainage prior to covering of the works.

b) External drainage prior to the covering of works.

c) Irrigation installation prior to the covering of works.

d) Final

22) Waste minimisation and management

All works must comply with the objectives of waste minimisation and waste management of Chapter B8: Waste Minimisation and Management of DCP 2014.

23) WorkCover Authority

All works must be undertaken in accordance with the requirements of the WorkCover Authority.

24) Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

a) Monday to Friday, from 7 am to 6 pm.

b) Saturday, from 8 am to 1 pm.

c) No construction work to take place on Sundays or Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

25) Construction Noise

Construction noise is to be limited as follows:

a) For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A); and

b) For construction periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

Note: Council may impose on-the-spot fines for non-compliance with this condition.

26) Signs to be erected on building sites

A sign must be erected in a prominent position on the work site:

a) Stating that unauthorised entry to the work site is prohibited; and

b) Showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

27) Builders rubbish to be contained on site

28) Removal of wastes

All wastes associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licensed Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with NSW DECC Waste Classification Guidelines (2008) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf ‎

29) Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act 1997.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

30) Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

31) Stormwater drainage work

Stormwater drainage for the development shall be constructed in accordance with the approved plans and specification by a suitably qualified person.

The following conditions are to be complied with prior to issue of a Final Occupation Certificate

32) Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, is to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

33) Acoustic Privacy fencing

All Acoustic and privacy fencing to be constructed as per the conditions of consent prior to the issue of any Occupation Certificate

34) Carparking in accordance approved plans

All carparking are to be constructed from the property boundary to the proposed car space(s) in accordance with the approved plans.

35) Floor Levels – Certification for Flooding

Prior to the issue of an Occupation Certificate, a certificate from a registered surveyor must be submitted to the Principal Certifying Authority confirming the height of habitable and non-habitable floors. An Occupation Certificate must not be issued unless the floor levels are at or above the relevant flood planning levels.

36) Compliance with bushfire conditions under Section 100B of Rural Fires Act 1997

Documentary evidence from a suitably qualified professional is to be submitted to the Principal Certifying Authority demonstrating that the bushfire conditions as issued under Section 100B of the Rural fire Act 1997 have been complied with.

37) On-site Stormwater Detention – Certification of works

All stormwater drainage works, including on-site stormwater detention works, for the development must be constructed in accordance with the approved plans and specification prior to issue of an occupation certificate. Certificate/s of Compliance and Work-As-Executed (WAE) plans for the stormwater works must be submitted to the Principal Certifying Authority prior to the issue of an occupation certificate.

The certificate/s and WAE plans are to be prepared by a suitably qualified engineer and must be in accordance with Council’s Comprehensive Guidelines for Stormwater Management.

The following conditions are to be complied with at all times

38) External lighting arrangements

External lighting arrangements should be in accordance with AS4282-1997: Control of the obtrusive effects of outdoor lighting and NSW WorkCover OH&S requirements.

39) New South Wales Food Act 2003 and Food Regulation 2010

The premises shall be operated and maintained to ensure that the requirements of the Food Act 2003 and Food Regulation 2010 (incorporating Food Standard Code) are satisfied at all times. Access to the Food Standard Code is available at http://www.foodstandards.gov.au

40) Maximum childcare placements

Maximum childcare placements are a total of fifty infants for the Child Care Centre.

41) Hours of operation

The hours of operation of the pre-school are limited to between 7:45 am to 5:30 pm, Monday to Friday.

42) No interference with amenity

The use of the premises shall not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. In particular:

a) Any complaints to Council about ‘offensive’ noise will be dealt with under the provisions of the Protection of the Environment Operations Act 1997.

b) Only clean and unpolluted water is permitted to be discharged to Councils’ stormwater drainage system or any waters.

c) All wastes shall be contained within appropriate containers fitted with a tight-fitting vermin-proof lid.

d) All trade waste pre-treatment devices and other waste storage facilities shall be serviced and maintained to ensure that all relevant environment protection standards are satisfied.

e) Goods deliveries and waste collection shall be restricted to daytime operating hours.

Section 100B NSW Rural Fires Act 1997 – General Terms of Approval

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel

loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

1. At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

2. Electricity are to comply with section 4.2.7 of ‘Planning for Bush Fire Protection 2006’.

Evacuation and Emergency Management

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

3. An emergency evacuation procedure and detailed plans of all Emergency Assembly Areas

(onsite and offsite) are to be prepared in accordance with the RFS Guidelines for the

Preparation of Emergency/Evacuation Plan and AS 3745‐2002. The emergency evacuation

plan is to be submitted to the consent authority and approved prior to the occupation of the

building. The applicant is to provide a copy of the above document to the local Bush Fire

Management Committee for their information prior occupation of the building subject to this

development.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

4. New construction shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

NOTES

Water payments under the Water Management Act 2000

Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
(ET Policy 2018)

Water	1.68 ET
Bulk Water	1.68 ET
Sewer	2.80 ET

Construction Certificate required

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of any building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing. Application forms are available from the customer services counter or Council’s website www.byron.nsw.gov.au.

Occupation Certificate required

The buildings must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Principal Certifying Authority

Work must not commence until the applicant has:-

· Appointed a Principal Certifying Authority (if the Council is not the PCA);

· Given the Council at least two (2) days notice of their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’; and

· Notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Protection of the Environment Operations Act 1997

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (“on-the-spot fine”) or prosecution.

Penalties apply for failure to comply with development consents

Failure to comply with conditions of development consent may lead to an on the spot fine (generally $600) being issued pursuant to section 127A of the Environmental Planning and Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning and Assessment Act 1979.

Reason for conditions

The conditions imposed have been included in response to development considerations and to ensure a high standard of development having regard to the effect upon the environment and the amenity of the neighborhood.

Dial Before You Dig

Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

Telecommunications Act 1997 (Commonwealth) Telstra (and its authorised contractors) are the only companies that are permitted to conduct works on Telstra’s network and assets. Any person interfering with a facility or installation owned by Telstra is committing an offence under the Criminal Code Act 1995 (Cth) and is liable for prosecution.

Furthermore, damage to Telstra’s infrastructure may result in interruption to the provision of essential services and significant costs. If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact: Telstra’s Network Integrity Team on Phone Number 1800810443.

Are you dissatisfied with conditions of consent?

If you are unhappy with conditions of consent discuss your concerns with the officer who dealt with your application. You may submit an application to Council to modify the consent under Section 4.55 of the Environmental Planning & Assessment Act, 1979.

You will need to provide reasons why the conditions should be changed or deleted. You may lodge a Section 4.55 application at any time after the notice of determination. If you are not happy with Council’s decision on your request for modification, then you may appeal to the Land & Environment Court within six (6) months of the notification by Council.

Right of Review

You may request Council to review its decision under Section 8.2 of the Environmental Planning and Assessment Act, 1979. Such a request must be made within six (6) months of the date of the determination, or if there is an appeal to the Land and Environment Court, up to the time when the court hands down its decision. In reviewing its decision Council is able to consider alterations to the above plans, provided that the Development Application remains substantially the same as the one for which the consent was originally sought, and the changes are publicly notified.

NOTE: This clause does not relate to Integrated Development Applications, applications determined by the Joint Regional Planning Panel or applications previously considered under Section 8.2 of the Environmental Planning and Assessment Act 1979.

Right of Appeal

If you are dissatisfied with this decision, Section 8.7 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within six (6) months after the date on which you receive this notice.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.6 - Attachment 2

10.2019.60.1

RECOMMENDED CONDITIONS OF CONSENT:

SCHEDULE 1 CONDITIONS OF CONSENT

Parameters of consent

Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.	Description	Prepared by	Dated:
3, Ref: 18/338, Revision D	Proposed Boundary Adjustment	Newton Denny Chapelle	23.07.19

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

Integrated Approvals from other Authorities.

This development consent includes an Integrated development approval under Sections 4.46 and 4.47 of the Environmental Planning and Assessment Act 1979, being a Bush Fire Safety Authority, under Section 100B of the Rural Fires Act 1997, subject to the conditions listed under the “General Terms of Integrated Development Approval” in this consent.

The following conditions are to be complied with prior to commencement of subdivision works

Consent required for works within the road reserve

Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.

Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works:

Driveway (rural & residential areas without kerb & gutter)

A driveway(s) in accordance with Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

The existing driveway servicing proposed Lot 1 & 3 must be upgraded in accordance with Northern Rivers Local Government standard drawing R-14.

Traffic Control Plan

The plans and specifications to accompany the construction certificate application are to include a traffic control plan to indicate the measures to be employed to control traffic during construction of the subdivision. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual (1998), Traffic Control at Work Sites, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

Certificate of Compliance from Rous Water – Water Management Act 2000

Obtain a Certificate of Compliance from Rous Water confirming that all water supply works to be constructed for Rous Water and all Developer Charges payable to Rous Water have been provided to Rous Water.

Note: Rous Water is the Water Supply provider for the location of the subject development. The applicant must organise the provision of a water service to the development with Rous Water and provide a Certificate of Compliance from Rous Water to this Council.

Erosion and sediment control measures

Where erosion of soils or runoff of any substance is likely to occur, erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites (A copy may be downloaded from Council’s website). This may include stockpiled materials such as sand.

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

The following conditions are to be complied with during subdivision works

Construction noise

Construction noise is to be limited as follows:.

Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

c) Monday to Friday, from 7 am to 6 pm.

d) Saturday, from 8 am to 1 pm.

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

Council Specification

All works to be constructed to at least the minimum requirements of the “Northern Rivers Local Government Design and Construction Manual”.

10.

Approved Plans to remain on site

A copy of the approved Construction Certificate including plans, details and specifications must remain at the site at all times during the construction of the subdivision.

The following conditions are to be complied with prior to issue of a Subdivision Certificate

11.

Subdivision Certificate application required

An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application.

Note: The application MUST be one complete concise package addressing ALL conditions of consent relevant to the subdivision with a clear explanation how each condition has been complied with, together with supplying ALL the relevant information /documents/ certificate and/or plans that is required by that condition. Failure to provide the abovementioned information in one package will likely result in the application being refused or rejected and returned to you.

12.

Plan of Subdivision

The final plan of subdivision must be in accordance with the approved plan/s. A Deposited Plan Administration Sheet (original plus one (1) copy), two (2) copies of the plan of subdivision and any necessary section 88B instrument (original plus one (1) copy) are to be submitted with the application for a subdivision certificate.

An additional copy of the final plan of subdivision is to be submitted showing the location of all buildings and/or other permanent improvements including any fences, internal access driveways/roads, and where relevant effluent disposal areas and the 1 in 100 year flood and flood planning level extents on land within or adjacent to a flood planning area. Where the building/s or improvements are close to boundaries, offset distances are to be included on the additional copy of the plan. This plan must be endorsed by a Registered Surveyor. Any encroachments affecting new boundaries or the road reserve must be removed or relocated wholly within the allotment. The new boundaries must not cause any existing building/s to contravene the Building Code of Australia.

13.

Completion of All Works

All subdivision works required by this development consent, and associated Construction Certificate, are to be completed prior to issue of the subdivision certificate. A copy of the final completion letter/s, issued by the Principal Certifying Authority, and final plumbing certificate, issued by the water supply authority, for the relevant subdivision works must be submitted with the application for a subdivision certificate.

14.

Section 88B Instrument

A Section 88B Instrument and one (1) copy are to be submitted with the application for a strata certificate. The strata plan and accompanying Section 88B Instrument are to provide for:

a) Easement for Electricity

The creation of any necessary easements for electricity purposes as required by the electricity supply authority.

15.

Vegetated Buffer

A vegetated buffer is to be established along, and adjacent to, the northern property boundary of proposed Lot 2 as follows:

a. Starting from 30 metres from the western end of the boundary and extending along the northern boundary for at least 60 metres.

The vegetated buffer shall comprise:

· At least two rows of trees and shrubs;

· Only native species;

· Trees capable of growing up to four metres in height; and

· Trees and shrubs spaced at no greater than three metres apart.

16.

Compliance with bushfire conditions

Documentary evidence from a suitably qualified professional is to be submitted to the PCA demonstrating that the bush fire conditions as issued under Section 100B of the Rural Fires Act 1997 have been complied with.

General Terms of Integrated Development Approval – Rural Fires Act 1997

The Rural Fire Service, in correspondence dated 29 August 2019, issued General Terms of Approval and a Bush Fire Safety Authority subject to the following conditions:

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

1. At the issue of subdivision certificate and in perpetuity, the land surrounding the existing dwellings on proposed Lots 1 and 2, to a distance of 10 metres, shall be maintained as an inner protection area (IPA) as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service's document ‘Standards for asset protection zones’.

Water and Utilities

The intent of measures is to minimize the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting fire fighting activities. To achieve this, the following conditions shall apply:

2. Any alteration to electricity services over bush fire prone land shall comply with Section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

SCHEDULE 2 PRESCRIBED CONDITIONS

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A Erection of signs

Clause 98B Notification of Home Building Act 1989 requirements

Clause 98E Condition relating to shoring and adequacy of adjoining property

SCHEDULE 3 NOTES

Construction Certificate required:

Principal Certifying Authority:

Work must not commence until the applicant has:-

a. appointed a Principal Certifying Authority (if the Council is not the PCA); and

b. given Council at least two days notice of the intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

c. notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Protection of the Environment Operations Act 1997:

Penalties apply for failure to comply with development consents

Plumbing Standards and requirements.

All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications. Any plumbing inspections required under a Section 68 Approval are to occur in accordance with that approval.

Relics Provisions- Advice

Attention is directed to the NSW Heritage Act 1977 and the provisions of the Act in relation to the exposure of relics. The Act requires that if:

a) a relic is suspected, or there are reasonable grounds to suspect a relic in ground, that is likely to be disturbed damaged or destroyed by excavation; and/or

b) any relic is discovered in the course of excavation that will be disturbed, damaged or destroyed by further excavation;

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.7 - Attachment 2

10.2019.158.1

Conditions of Consent

Parameters of this Consent

1) Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.	Description	Prepared by	Dated:
Job No. 17224	Site Plan A	Greg Alderson and Associates	6 May 2019
Job No. 17224	Site Plan B	Greg Alderson and Associates	7 May 2019
Job 17224 SEE	Proposed Business Identification Sign (App K to SEE)	Greg Alderson and Associates	March 2019
Job No. 17224	Conceptual Landscaping Plan	Greg Alderson and Associates	13 May 2019
Job No. 17224	Concept Stormwater Management Plan and Schematic farm dam section	Greg Alderson and Associates	26 March 2019 (Rev B)
Job No. 17224	Sediment and Erosion Control Plan	Greg Alderson and Associates	8 February 2018
Job No. 17224	Site plan – new stock loading ramp location	Greg Alderson and Associates	20 August 2019
Job No. MURW12476 Sheets 1 to 6	Five Bay Farm Shed - foundation, floor framing, elevations, sections, block detail, etc	Tweed Sheds and Garages	7 May 2019
App B1 to SEE	Wind Turbine Plans – 12 metre and 1 KW (App B1 to SEE)	Not stated	undated
BH14014 – ST1-6A Sheets S1 to S6	Water tank stand plans (App B2 to SEE)	Hammond and Associates	17 January 2014
App B3 to SEE	Stock shelter plans (no walls) (App B3 to SEE)	Not stated	undated

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent. The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

2) Staging

This development is to be undertaken in stages with both stage 1 and stage 2 development only to commence when conditions listed in this consent have been complied with. For clarity the development in each stage is as follows:

Stage 1: intensive plant agriculture, agriculture structures (wind turbine, water tank and stand, stockyards and shelters, farm dam), stormwater management system, business identification sign, extractive industry and roadside stall.

Stage 2: agricultural produce industry, wholesale plant nursery, wholesale landscaping supplies, and garden centre

3) Essential Energy Requirements

If the proposed development changes, there may be potential safety risks and it is recommended that Essential Energy is consulted for further comment. Notwithstanding, the following conditions apply:

a) Any existing encumbrances in favour of Essential Energy (or its predecessors) noted on the title of the above property should be complied with;

4) Business Identification sign

Only one business identification sign is permitted on the Gulgan Road frontage to Lot 4 DP 810118 and it is to be single sided and limited to 3m² in area. The consent for this sign is limited to 15 years and expires in October 2034.

5) Internal road signage

A sign is to be erected along the main internal road advising that it is a private road and garden centre customers are not to proceed beyond the centre. This is to ensure the public / customers do not access the old quarry area or use the Saddle Road access to the site.

6) Garden centre structures and use

No buildings or structures are approved for use as a garden centre as part of this development approval. This consent does not include a restaurant, café, or takeaway food and drink premises.

7) Stockyard loading ramp

The stockyard loading ramp is approved as a structure located within the site and this development approval does not authorise the loading or unloading of stock in The Saddle Road reserve.

8) Extractive industry and wholesale landscaping material supplies

The use of this site for an extractive industry specifically excludes the old quarry located on the subject land. Extraction is limited to “rock picking” in paddocks specified in the plans to this consent, stockpiling in the area identified for wholesale landscape supplies for eventual sale in bulk quantities. The quantity of rocks picked out of paddocks is not limited. No blasting, crushing or drilling is permitted. No extractive material washing or processing is permitted. Retail sale of rocks is not permitted at any time and the public is to be excluded from the stockpiling area with appropriate barriers and signage. Wholesale supply of rocks is not to commence under stage 1 of this consent.

Wholesale supply of rocks under stage 2 of this consent is limited to 1,000 tonnes per year. The wholesale landscaping material supplies business shall not sell material imported onto the property only rocks obtained from the property.

9) Agricultural produce industry

Only two of the five farm shed bays at the Gulgan Road frontage are to be used to prepare produce from the farm for sale.

10) Farm field days etc

Workshops, seminars, farm field days and farm information tours can only be undertaken as ancillary to lawfully permitted uses on the site. Attendance shall be limited to 20 persons.

11) Whole sale plant nursery

The public is to be excluded from the wholesale plant nursery. A minimum of 20 plants per customer constitutes wholesale.

12) Roadside stall

The gross floor area of the roadside stall is limited to 20 m². Operating hours shall be limited to 7AM to 7PM. Only agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property are permitted to be sold.

The following conditions are to be complied with prior to issue of a Construction Certificate

13) Stormwater Drainage – Drain 1, Drain 2, Sediment Basins and Harvestable Dam for Stage 1

The application for a construction certificate is to include plans and specifications for stormwater drainage in accordance with the relevant Council guidelines, policies and Landcom Soils and Construction Volume 1 4^th Edition March 2004. All stormwater drainage for the development must be conveyed by a gravity system to the harvestable dam.

The following must be considered:-

· Provision of cobble lining at the bottom of drains 1 & 2 and turf side batters;

· Details and sizing of the 3ML Harvestable Dam including the spillway; and

· Details and sizing of the sediment and erosion control measures.

14) Long Service Levy to be paid

For further information regarding the Long Service Payment please refer to the website above.

15) Section 7.12 Levy to be paid

Prior to the issue of a construction certificate the section 7.12 levy required by the Byron Developer Contributions Plan 2012 must be paid to Council.

The levy will be calculated as follows:

Levy payable = %C x $C

§ %C is the levy rate applicable as set out in the latest Ministerial Direction issued under section 7.17.

§ $C is the proposed cost of carrying out the development.

The rate of %C is:

Proposed cost of the development	Maximum percentage of the levy
Up to $100,000	Nil
$100,001–$200,000	0.5 percent
More than $200,000	1.0 percent

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

16) Stormwater Drainage – Five bay farm shed

The application for a Construction Certificate is to include plans and specifications for stormwater drainage in accordance with the relevant Australian Standard. All stormwater drainage for the shed must be conveyed by a gravity system via a 5000L BASIX tank to a dispersion trench or trenches complying with the requirements of Council’s Comprehensive Guidelines for Stormwater Management.

Such plans and specifications must be approved as part of the Construction Certificate.

17) Building materials and colours to be specified for five bay farm shed

The application for a Construction Certificate is to include plans and specifications that indicate the proposed building materials and colours consistent with the provisions of Section C3.1 of Council’s Development Control Plan 2010. Please note that colours must be non-reflective earth tone colours and that the use of white and near white colours is not permissible

Such plans and specifications must be approved as part of the Construction Certificate.

18) Consent required for works within the road reserve in Gulgan Road for Stage 1

Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works: Concurrence from RMS is required for the design & construction of roadworks inside the classified road.

Channelised Right Turn

Treatment short CHR(s) and Basic Left Treatment (BAL)

Road pavement, linemarking and associated drainage construction, including any necessary relocation of services to provide a CHR(s) and BAL treatment in accordance with AUSTROADS.

19) Consent required for works within the road reserve in Gulgan Road for Stage 2

Auxiliary Left Turn

Treatment short AUL(s)

Road pavement, linemarking and associated drainage construction, including any necessary relocation of services to provide AUL(s) treatment in accordance with AUSTROADS.

20) Traffic Management Plan for Stage 1 & Stage 2

Consent from Council must be obtained for a Traffic Management Plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic management plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

The report must incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site.

The traffic management plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

21) Internal access plans required for stage 1

The application for a construction is to include plans and specification that indicate access, and manoeuvring details.

The access and manoeuvring for the site is to comply with the requirements of AUSTROADS and Council’s Guidelines and policies. Plans are to include, but not be limited to, the following items:

a) Provision of splitter island;

b) Provision of an internal roundabout;

c) Internal storage to accommodate the maximum sized vehicle (semi trailer), the full length of the vehicle must not encroach in the road reserve;

d) 8 car parking spaces for the roadside stall

e) pavement design, comprising an all weather surface, such as asphalt, bitumen seal, concrete, pavers or other similar treatment;

f) site conditions affecting the access;

g) existing and design levels;

h) longitudinal section from the road centreline

i) cross sections;

j) drainage details;

k) turning paths at access points and internal roundabout of the maximum sized vehicle;

l) line marking; and

m) signage.

Such plans and specifications must be approved prior to construction.

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings” and AUSTROADS.

22) Car parking layout, vehicle circulation and internal access plans required for Stage 2.

The application for a Construction Certificate is to include plans and specification that indicate internal access, parking and manoeuvring details in accordance with the plans approved by this consent.

The internal access, parking and manoeuvring for the site is to comply with the requirements of AS 2890.1-2004: Parking facilities and Part 1: Off-street car parking. Plans are to include, but not be limited to, the following items:

a) 48 carparking spaces;

b) pavement design, comprising an all weather surface, such as asphalt, bitumen seal, concrete, pavers or other similar treatment;

c) Sealing from the boundary in Gulgan Rd up to the entry of the proposed carparking area;

d) ramp widths and grades must be shown on the design & construction plan;

e) grades greater than 12% must be provided with sealed surface;

f) widths to accommodate 2 way traffic;

g) site conditions affecting the access;

h) existing and design levels;

i) longitudinal section from the road centreline to the car space(s);

j) cross sections;

k) drainage details;

l) turning paths; and

m) line marking;

Such plans and specifications must be approved as part of the Construction Certificate.

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

23) Bond required to guarantee against damage to public land

A bond of $10,000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, driveway crossovers or other assets.

Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, driveway crossovers or other assets

24) On-site sewage management facility Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 for on-site effluent disposal must be obtained from Council prior to issue of a Construction Certificate for stage 2 development. Such approval must be issued after the date of this consent. The application for Section 68 approval must be accompanied by a report prepared by a suitably qualified professional with demonstrated experience in effluent disposal matters, which addresses the site specific design of sewage management in accordance with the requirements of the NSW Local Government Act 1993, and Approvals Regulation and Guidelines approved by the Director General.

25) Rous Water connection

An approval under Section 307 of the Water Management Act 2000 must be obtained from Rous Water if the Rous connection is to be used to fill water tanks for the Garden Centre or other stage 2 uses.

26) Private Water Supply Quality Assurance Program

The applicant is to submit to Council for approval a Private Water Supply Quality Assurance Program prepared by a suitably qualified consultant in accordance with the Public Health Act 2010 and the Public Health Regulation 2012

27) Building Code of Australia

Construction of the 5 bay farm shed must comply with any requirements such as building attenuation and ventilation deemed necessary under the Building Code of Australia and any other building standard.

28) Site Waste Minimisation and Management Plan

A template is provided on Council’s website to assist in providing this information www.byron.nsw.gov.au/files/publication/swmmp - pro-forma-.doc

The following conditions are to be complied with prior to commencement of building or construction works

29) Dilapidation Reports required

Prior to the commencement of any excavation works requiring rock drilling, blasting or breaking, a pre-construction Dilapidation Report is to be submitted to Council detailing the current condition of all adjoining buildings, infrastructure and roads.

A second Dilapidation Report must be submitted to Council, prior to occupation of the building (whole or partial), to ascertain if any structural damage has occurred to any adjoining building, infrastructure or roads.

30) Erosion and sediment measures

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

Note: Council may impose on-the-spot fines for non-compliance with this condition.

31) Traffic Management Plan

The approved traffic management plan is to be implemented.

The following conditions are to be complied with during construction

32) Inspection for on-site sewage management

a) Internal drainage prior to covering of the works.

b) External drainage prior to the covering of works.

c) Irrigation installation prior to the covering of works.

d) Final

33) Waste minimisation and management

All works must comply with the objectives of waste minimisation and waste management of Chapter B8: Waste Minimisation and Management of DCP 2014.

34) WorkCover Authority

All works must be undertaken in accordance with the requirements of the WorkCover Authority.

35) Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

a) Monday to Friday, from 7 am to 6 pm.

b) Saturday, from 8 am to 1 pm.

c) No construction work to take place on Sundays or Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

36) Construction Noise

Construction noise is to be limited as follows:

Note: Council may impose on-the-spot fines for non-compliance with this condition.

37) Signs to be erected on building sites

A sign must be erected in a prominent position on the work site:

a) Stating that unauthorised entry to the work site is prohibited; and

b) Showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

38) Builders rubbish to be contained on site

39) Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act 1997.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

40) Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

41) Stormwater drainage work

Stormwater drainage for the development shall be constructed in accordance with the approved plans and specification by a suitably qualified person.

42) Food safety – design and construction: Agricultural produce industry

a) The Agricultural produce industry is a food premises that must be designed and constructed to comply with Food Safety Standard 3.2.3 Food Premises and Equipment of the Food Standards Code.

Note: Requirements of Australian Standard AS4674 – 2004 “Design, construction and fit-out of food premises” and NSW Food Authority “Food premises – Design, construction and fit-out guide” to be considered to achieve the necessary construction standards for the food premises.

b) The applicant must arrange for an inspection of the food premises to assess compliance with Food Safety Standard 3.2.2 Food Safety Practices and General Requirements and Food Safety Standard 3.2.3 Food Premises and Equipment of the Food Standards Code prior to operating the food business.

c) Payment for the inspection at b) above will be levied in accordance with Council’s fees and charges and must be paid to Council.

Note: Inspections are available on business days and must be arranged at least three working days prior to the inspection occurring by telephoning (02) 6626 7054

The following conditions are to be complied with prior to commencement of use for Stage 1

43) Works to be completed prior to commencement of use

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate for stage 1.

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

44) CHR(s) and BAL treatment to be completed.

The CHR(s) and BAL treatment in Gulgan Road are to be constructed in accordance with the approved plans and Roads Act Consent.

45) Internal access in accordance approved plans

A driveway is to be constructed in accordance with the approved plans.

46) Stormwater drainage work

Stormwater drainage for the development must be constructed in accordance with the approved plans and specification

47) On-site sewage management system must be completed

The on-site sewage management system is to be constructed in accordance with approved plans and in accordance with current specifications and standards. The system is not to be used and/or operated until a Council Officer has inspected the system and authorised its use.

48) Approval to Operate required

In accordance with the Local Government Act 1993, an Approval to Operate the onsite sewage management system must be obtained from Council. Forms may be downloaded from Council’s website with 'http://www.byron.nsw.gov.au/on-site-sewage'.

The following conditions are to be complied with prior to commencement of use for Stage 2

49) Works to be completed prior to issue of a Final Occupation Certificate

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

50) Auxiliary Left turn treatment Short AUL(s)

The Auxiliary Left Turn Treatment short AUL(s) in Gulgan Road to be constructed in accordance with the Approved plans and the Road Act Consent

51) Internal driveway and carparking in accordance approved plans

A driveway is to be constructed from the property boundary to the proposed car space(s) in accordance with the approved plans.

52) Stormwater disposal

Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a) Clear of buildings and infrastructure,

b) Clear of effluent disposal areas,

c) Not concentrated so as to cause soil erosion,

d) Not directly to a watercourse, and

e) Not onto adjoining land.

53) On-site sewage management system must be completed

54) Approval to Operate required

The following conditions are to be complied with at all times

55) Private Water Supply Quality Assurance Program

The water supply to the development is to be operated strictly in accordance with Council approved the Private Water Supply Quality Assurance Program.

56) No Interference with Amenity of Neighbourhood

The proposed use of the premises shall not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. In particular:

a) The noise level emanating from the use of the premises must comply with the New South Wales Noise Policy for Industry 2017

b) Only clean and unpolluted water is permitted to be discharged to stormwater drainage system or any waters.

c) All wastes shall be contained within appropriate containers fitted with a tight-fitting vermin-proof lid.

d) All trade waste pre-treatment devices and other waste storage facilities shall be serviced and maintained to ensure that all relevant environment protection standards are satisfied.

e) Goods deliveries, fuel deliveries and waste collection shall be restricted to daytime operating hours.

57) Food safety

The food premises must be operated and maintained to comply with the NSW Food Act 2003 and Food Standard Code.

58) External lighting arrangements

External lighting arrangements should be in accordance with AS4282-1997: Control of the obtrusive effects of outdoor lighting and NSW WorkCover OH&S requirements.

NOTES

Construction Certificate required

Occupation Certificate required

The buildings must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Principal Certifying Authority

Work must not commence until the applicant has:-

· Appointed a Principal Certifying Authority (if the Council is not the PCA);

· Given the Council at least two (2) days notice of their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’; and

· Notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Protection of the Environment Operations Act 1997

Penalties apply for failure to comply with development consents

Reason for conditions

Dial Before You Dig

Are you dissatisfied with conditions of consent?

Right of Review

Right of Appeal

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.8 - Attachment 3

10.2019.468.1

CONDITIONS OF CONSENT:

SCHEDULE 1 CONDITIONS OF CONSENT

Parameters of consent

Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.	Description	Prepared by	Dated:
A101	Extension Proposal (2) Site	Daniel Buckley	15/08/2019
A101 Revision 1	Extension Proposal (5) Section 3	Daniel Buckley	15/08/2019

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

Bush fire safety measures

This land is identified as being designated bush fire prone land and under section 79BA of the Act, Council must be satisfied prior to making a determination for development on bush fire prone land that the development complies with “Planning for Bush Fire Protection 2006”. The development is approved subject to the following requirements applying:

Asset Protection Zones

At the commencement of building works and in perpetuity the property around the dwelling shall be managed as follows:

a) north and east for a distance of 20 metres as an inner protection area.

Water and Utilities

In recognition that no reticulated water supply is available to the development, a total of 20,000 litres water supply shall be provided for fire fighting purposes. The fire fighting water supply shall be installed and maintained in the following manner:

a) Fire fighting water supply may be provided by a tank, a swimming pool or a dam that shall be located not less than 5 metres and not more than 20 metres from the dwelling

b) New above ground fire fighting water supply storage’s are to be manufactured using non combustible material (concrete, metal, etc). Where existing fire fighting water supply storage’s are constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials, they shall be shielded from the impact of radiant heat and direct flame contact.

c) Non combustible materials (concrete, metal, etc) will only be used to elevate or raise fire fighting water supply tank(s) above the natural ground level.

d) A 65mm metal Storz outlet with a gate or ball valve shall be fitted to any fire fighting water supply tank(s) and accessible for a fire fighting truck.

e) The gate or ball valve, pipes and tank penetration are adequate for the full 50mm inner diameter water flow through the Storz fitting and are constructed of a metal material.

f) All associated fittings to the fire fighting water supply tank(s) shall be non-combustible.

g) Any below ground fire fighting water supply tank(s) constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials shall be shielded from the impact of radiant heat and direct flame contact.

h) A hardened ground surface for fire fighting truck access is to be constructed up to and within 4 metres of the fire fighting water supply.

i) Any fire fighting water supply tank(s) located below ground shall be clearly delineated to prevent vehicles being driven over the tank.

j) All water supplies for fire fighting purposes shall be clearly signposted as a fire fighting water supply.

k) Below ground fire fighting water supply tank(s) shall have an access hole measuring a minimum 200mm x 200mm to allow fire fighting trucks to access water direct from the tank.

l) A Static Water Supply (SWS) sign shall be obtained from the local NSW Rural Fire Service (RFS) and positioned for ease of identification by RFS personnel and other users of the SWS. In this regard:

i) Markers must be fixed in a suitable location so as to be highly visible; and

ii) Markers should be positioned adjacent to the most appropriate access for the water supply.

Note: The definition of below ground dedicated fire fighting water supply tank(s) is when the outlet valve is located below natural ground level.

Electricity and gas services are to comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

New construction shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

Landscaping

Landscaping within the required inner protection area is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

Existing building/s to be bought into compliance with fire safety provisions

In accordance with Clause 94 of Environmental Planning & Assessment Regulation 2000, the existing building is to be bought into partial compliance with the fire protection and structural provisions of the Building Code of Australia.

No native tree removal

This consent does not authorise the removal of any native trees.

Earthworks

This development consent does not authorise earthworks, excavation, filling and/or retaining walls.

NOTE: If earthworks and/or retaining walls beyond that allowed under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 are required, a separate development consent will be required.

The following conditions are to be complied with prior to issue of a Construction Certificate for building works

On-site sewage management facility - Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 for on-site effluent disposal must be obtained from Council prior to issue of a Construction Certificate. Such approval must be issued after the date of this consent.

The application for Section 68 approval must be accompanied by a report prepared by a suitably qualified professional with demonstrated experience in effluent disposal matters, which addresses the site specific design of sewage management in accordance with the requirements of the NSW Local Government Act, and Approvals Regulation and Guidelines approved by the Director General.

Compliance with BASIX Certificate requirements

The development is to comply with Basix Certificate No. A355628, dated 25 August 2019

The commitments indicated in the Certificate are to be indicated on the plans submitted for approval of the Construction Certificate.

The plans submitted must clearly indicate all windows numbered or identified in a manner that is consistent with the identification on the Basix Certificate.

Minor changes to the measures may be undertaken without the issue of any amendment under Section 4.55 of the Act, provided that the changes do not affect the form, shape or size of the building.

Such plans and specifications must be approved as part of the Construction Certificate.

Long Service Levy to be paid

In accordance with Section 6.8 of the Environmental Planning and Assessment Act 1979 (as amended), a Construction Certificate for SUBDIVISION WORKS OR BUILDING WORKS shall NOT be issued until any Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid (as applicable).

These payments can be made online at www.longservice.nsw.gov.au. Proof of payment is required to be submitted with the Construction Certificate application.

For further information regarding the Long Service Payment please refer to the website above.

Site Waste Minimisation and Management

All works must comply with the objectives of waste minimisation and waste management of Part B8.1.2 of DCP 2014.

10.

Tree Removal

No trees or vegetation to be cleared or removed until a Construction Certificate has been issued.

The following conditions are to be complied with prior to any building or construction works commencing

11.

Erosion and sediment measures

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

The following conditions are to be complied with during any building or construction works

12.

Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a. Monday to Friday, from 7 am to 6 pm.

b. Saturday, from 8 am to 1 pm.

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

13.

Construction Noise

Construction noise is to be limited as follows:

Note: Council may impose on-the-spot fines for non-compliance with this condition.

14.

Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

a. stating that unauthorised entry to the work site is prohibited, and

b. showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

Any such sign is to be removed when the work has been completed.

15.

Builders rubbish to be contained on site

16.

Fill to be retained on the subject land

Fill material must not encroach onto any adjoining land.

17.

Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

18.

Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

19.

Removal of demolition and other wastes

All wastes, including asbestos and lead-contaminated wastes, associated with these works are to be handled and disposed of in accordance with the requirements of the Work Cover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Wastes must be disposed of at a Licenced Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with the NSW DECC Waste Classification Guidelines (2008) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf

20.

Character and visual impact

To ensure the development is compatible with the surrounding environment:

a. The roof must not have a highly reflective surface (White or light-coloured roofing must not be used where likely to be visually intrusive or to result in significant glare for neighbouring properties); and

b. Colours and finishes of building materials must be compatible in character with their surrounding environment.

The following conditions are to be complied with prior to occupation of the building

21.

Works to be completed prior to issue of a Final Occupation Certificate

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

22.

Plumbing Works

All works in relation to any associated Section 68 Water and Sewerage approval must be fully complied with and have a Final Plumbing Certificate issued prior to the issue of an Interim or Final Occupation Certificate.

23.

Stormwater disposal

Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a. Clear of buildings and infrastructure,

b. Clear of effluent disposal areas,

c. Not concentrated so as to cause soil erosion,

d. Not directly to a watercourse, and

e. Not onto adjoining land.

24.

Compliance with bushfire conditions

Documentary evidence from a suitably qualified professional is to be submitted demonstrating that the bush fire conditions of this Notice of Determination have been complied with.

SCHEDULE 2 PRESCRIBED CONDITIONS

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A Erection of signs

Clause 98B Notification of Home Building Act 1989 requirements

Clause 98E Condition relating to shoring and adequacy of adjoining property

SCHEDULE 3 NOTES

Construction Certificate required:

Principal Certifying Authority:

Work must not commence until the applicant has:-

a. appointed a Principal Certifying Authority (if the Council is not the PCA); and

b. given Council at least two days notice of the intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

c. notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Occupation Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Protection of the Environment Operations Act 1997:

Penalties apply for failure to comply with development consents

Plumbing Standards and requirements.

Relics Provisions- Advice

Attention is directed to the NSW Heritage Act 1977 and the provisions of the Act in relation to the exposure of relics. The Act requires that if:

a) a relic is suspected, or there are reasonable grounds to suspect a relic in ground, that is likely to be disturbed damaged or destroyed by excavation; and/or

b) any relic is discovered in the course of excavation that will be disturbed, damaged or destroyed by further excavation;

REPORT

Background

The Biodiversity Conservation Strategy 2004 - 14 (BCS 2004) was released in 2004 in parallel with a four year works program approved from 2004 to 2008. An Environmental Levy was endorsed in 2008 to fund actions and Council’s Environmental and Coastal programs.

As part of the Environmental Levy process an internal review of the BCS 2004 actions was completed to identify new and existing actions for inclusion in a works program. The Environmental Levy and external funding (grant opportunities) have enabled continued implementation of actions from the BCS 2004. Projects that have been funded (and continue to be funded in some cases) include development of a Coastal Zone Management Plan (now CMP – Coastal Management Program), funding of Council’s bush regeneration team, and pest animal management / control.

In 2013, an internal review process determined that 69 out of 82 (or 84%) actions had been implemented (refer Attachment #1 - report to the Biodiversity and Sustainability Advisory Committee, 25 October 2013).

At this time a commitment was made to review the BCS 2004 with Council resolving on 7 August 2014 (14-334) to review and update the BCS in line with five (5) key objectives. Staff determined that any review of the BCS 2004 would need to be consistent with all local, regional and state legislation and policy changes, and be guided by a review of the Shire’s vegetation mapping.

The key objectives for the BCS review are to:

1. Ensure the Strategy is in accordance with recent local, regional and national plans, strategies and policies

2. Ensure the Strategy is in accordance with legislative changes completed since 2004

3. Ensure the Strategy is reflective of current research and best practise in biodiversity conservation and management

4. Review vegetation mapping to reflect changes in vegetation extent and composition over time, and improve accuracy of line work

5. Identify new actions to be included to direct future work priorities following consultation and input from stakeholders and the community.

How did we propose to review the BSC 2004?

The review was to be project managed by Council’s Biodiversity Officer and overseen by the Biodiversity & Sustainability Advisory Committee / Panel (now the Biodiversity Advisory Committee). Subgroups were also formed to assist Council staff responsible for managing and directing the review process.

The original timeline was delayed, primarily due to the 3-year timeframe required to complete shire-wide vegetation mapping, which included extensive ground truthing, three rounds of public exhibition, plus subsequent changes required by the Office of Environment and Heritage (OEH) to re-map all high conservation value (HCV) vegetation as high environmental value (HEV), using new criteria. In 2015 major changes to NSW biodiversity and other related legislation commenced, causing significant challenges and further delaying delivery of the review.

*Original Timeline*	*Activity*	*Current status*
Sep–Dec 2014	Community engagement	Nov 2014-Feb 2015 – Complete
Oct 2014	Review of shire-wide vegetation mapping	2015-2017 - Complete
Feb 2015	Draft Strategy reported to Council	Pending
Mar 2015	Public exhibition	Pending
April 2015	Strategy review finalised	Pending

Whilst the review was stalled by legislative changes, other works programs and biodiversity projects have continued in line with the key objectives of the BCS review. Key achievements include:

· Byron Shire Flying-fox Camp Management Plan (2018-2023): Completed September 2017. A plan to guide future management of five flying-fox camps within the LGA. Currently being implemented by the Biodiversity Projects Officer (Flying-fox PRG reports to BAC).

· Pest Animal Management Plan (2018-2023): Completed November 2018. A framework for management of pest animals on Council managed land, with opportunities for Council to assist with pest management on private land when funds allow. Currently being implemented by the Biodiversity Projects Officer.

· Integrated Pest Management (IPM) Policy: Completed August 2018. A policy framework for effective and efficient control of pests on Council managed land, using integrated pest management to minimise the use of pesticides. This project required in-depth research, trials and technical review of IPM methods over two years prior to completion.

· Integrated Pest Management Strategy (2019-2029): Draft due to go to Council on 20 June 2019 for endorsement to go to public exhibition. Provides specific tools and procedures to enable implementation of Council’s Integrated Pest Management Policy.

· Byron Coast Comprehensive Koala Plan of Management (2016): Completed August 2016. Several projects being implemented by Biodiversity Projects Officer, e.g. NE Hinterland Regional Koala Project has just commenced (refer other report to the BAC – 17./06/19). On-going SEPP 44 review and amendments by the state government may result in some changes to CKPOM.

A summary of current information that now needs to be incorporated into the updated BCS to achieve the key objectives of the BCS review is outlined below:

Key Objective #1: Ensure the Strategy is in accordance with recent local, regional and national plans, strategies and policies

These include:

· Australia’s Biodiversity Conservation Strategy (2010-2030)

· Byron Coast Comprehensive Koala Plan of Management (2016)

· North Coast regional Strategic Weed Management Plan 2017-2022

· Northern Rivers Biodiversity Management Plan (2010-2020)

· Border Ranges Rainforest Biodiversity Management Plan (2010-2020)

Key Objective #2: Ensure the Strategy is in accordance with legislative changes

These include:

· Biosecurity Act 2015 & Regulations 2017: Outlines general biosecurity duty, which means that anyone who is aware of a potential risk should take all reasonable and practical measures to minimise or eliminate that risk. Legislation interacts with integrated pest management & Council Res 13-621.

· Biodiversity Conservation Act (2016): Significant and complex changes to laws regulating land clearing and biodiversity protection. The NSW Government put 25 documents (around 657 pages) on public display and after 2-years consultation, the Act commenced on 25 August 2017. Council is presently paving its way forward through the new legislation, and staff are undergoing training delivered by OEH. Transfer of OEH into the new NSW Department of Planning, Industry and Environment on 1 July 2019 creates ongoing uncertainty regarding state government interaction with Council plans and policies.

Key Objective #3: Ensure the Strategy is reflective of current research and best practise in biodiversity conservation and management priorities

Including:

· Consideration of climate change and incorporating measures to accommodate it’s known and anticipated effects.

· Incorporation of best practice methodologies outlined in Council’s Pest Animal Management Plan, Integrated Pest Management Strategy, Comprehensive Koala Plan of Management and Flying Fox Camp Management Plan.

· Incorporating up to date Plant Community Types (PCTs), currently in preparation by OEH. Council biodiversity project officers have been assisting OEH with these updates for two years, and final PCTs are likely to be available July 2019.

Key Objective #4: Review vegetation mapping to reflect changes in vegetation extent and composition over time, and improve accuracy of line work

Whilst Council’s shire-wide vegetation mapping and High Environmental Value (HEV) vegetation mapping are complete, other local and regional mapping projects that will be relevant to the BCS are still in progress, including:

· Byron Shire Environmental Zones Mapping

· OEH Regional-Scale Native Vegetation Mapping – Plant Community Types.

Key Objective #5: Identify new actions to be included to direct future work priorities following consultation and input from stakeholders and the community

A community survey completed in 2015 received 430 responses, representing about 1.4% of the shire’s population. Community engagement for the BCS review was undertaken in 2018-19 to establish what the Communities’ perceived values, threats, concerns and preferred threat mitigations for biodiversity in the shire. Engagement included:

· Farmers workshop (Huonbrook, Oct. 2018)

· Community and interest groups workshop (Mullumbimby, Dec 2018)

· Online community survey - BSC website (December 2018 – April 2019)

· Stakeholder meetings with

o Aboriginal landholders, LALCs and community groups (Jan – Feb 2019)

o Public Land Managers - NPWS, Marine Parks, Crown Lands (Feb 2019)

o BSC Council Staff, Managers and Directors (Feb 2019)

· Report to Biodiversity Advisory Committee (Feb 2019).

Key Issues

The BCS 2004 review is listed in Council’s 2017-21 OP and staff will continue to implement the review.

The Strategy is a key document for guiding planning, decision-making and activities that impact on our environment and community. It will shape future planning and growth, and provide a framework for navigating future environmental challenges and opportunities. It will be based on a 10 year timeframe (2019 – 2029) and will be an overarching reference document, informing a number of other Council strategies, master plans and initiatives. It must direct Council, as well as providing best practice leadership to other stakeholders involved in biodiversity conservation, including the community, landholders, government agencies and neighbouring local governments.

As such it is imperative that we get it right. To this end, it is critical that sufficient time is allowed for the strategy review to align with recent legislative changes, mapping updates and up to date information regarding current emerging issues including climate change.

Where do we go from here?

Staff are aware that the delivery of the review of the BSC 2004 is overdue, the delay due to various circumstances, some out of staff control. However, due to some of the emerging issues and high priority threats facing our biodiversity we suggest a moment to ‘pause and reflect’. We have the chance to develop a Strategy that is innovative and tackles the key issues that we are now facing as a priority. Others will look to Council for best practice and guidance, not just in NSW but Australia-wide, and as such we suggest that the review is not rushed to completion, just in order to satisfy reporting timeframes. Since the review began, Council has delivered on many environmental projects contributing to biodiversity outcomes in the Shire.

Next steps involve our new Biodiversity Officer taking over the management of the project and developing a new timeframe for delivery of the project. An indicative timeframe has been developed, below, and the Committee will be updated on this during the planned August field-trip.

*Date*	*Activity*
Jun-Jul 2019	Biodiversity Officer and consultant (Ecosure) to complete draft BCS review.
Jul 2019	New OEH vegetation mapping available
Jul-Aug 2019	Expert peer review of BCS
Aug 2019	Update on BCS to BAC during field trip
Aug 2019	Costings Graphic design
Sep 2019	Presentation of BSC at Councillor Strategic Planning Workshop
Oct 2019	Update on BCS to BAC during field trip
Oct 2019	Draft BCS to Planning Council Meeting
Oct-Dec 2019	Public exhibition

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 3: We protect and enhance our natural environment	3.1	Partner to protect and enhance our biodiversity, ecosystems and ecology	3.1.1	Protect and enhance our natural environment and biodiversity	3.1.1.2	Continue to undertake the Biodiversity Strategy review

Legal/Statutory/Policy Considerations

Relevant Council policies described above. Legislation relevant to the BCS that has been recently changed or is in the progress of being amended includes:

· State Environmental Planning Policy 44 (SEPP 44) for Koala Habitat Protection. Still under review by State Government. Key changes to SEPP 44 relate to definitions of Koala habitat, list of tree species, list of Councils and development assessment process.

· Biodiversity Conservation Act (2016): Act commenced on 25 August 2017, however Plant Community Types (PCTs) still under review.

Financial Considerations

A budget bid for $42,700 has been put forward in FY2019/20 to continue with the review of the Biodiversity Conservation Strategy. The budget will be adopted on 27 June 2019.

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Contents

Executive Summary. vi

Part A – Section 7.11 Developer Contributions Plan.. 1

Section 1 – Summary schedules. 1

Section 2 – Administration and operation of the plan. 4

2.1 What is the name of this development contributions plan?. 4

2.2 Area the plan applies to. 4

2.3 What is the purpose of this development contributions plan?. 4

2.4 Commencement of the plan. 5

2.5 Relationship with other plans and policies. 5

2.6 Definitions. 5

2.7 For What Amenities and Services will Contributions be Levied?. 7

2.8 How is this Plan Structured?. 8

2.9 Operation of the Plan. 8

2.10 What is the Life of the Plan?. 8

2.11 When is the Contribution Payable?. 8

2.12 Construction certificates and the obligation of accredited certifiers. 9

2.13 Credits and Exemptions for Certain Types of Development 9

2.14 Secondary Dwellings. 10

2.15 Exemptions for Private Boarding Houses, Group Homes and Affordable Housing. 11

2.16 Other Public Benefit Exemptions from the Contributions Plan. 11

2.17 Development under State Environmental Planning Policy (Seniors Living) 2004. 12

2.18 Review of Plan and Contribution Rates. 12

2.19 Adjustment of Contributions. 13

2.20 Accountability. 13

2.21 Can Deferred or Periodic Payments be Made?. 13

2.22 Pooling of Contributions and Staging of works. 14

2.23 Savings and Transitional Arrangements. 15

2.24 Policy for the Recoupment of Past Works. 15

2.25 Works in Kind and Material Public Benefit 15

2.26 Context and Catchments. 16

Section 3 Population Growth and Increased Demand. 25

3.1 Population and Housing Profile. 25

3.2 Growth in Byron Shire LGA. 25

3.3 Demographic Characteristics. 26

3.4 Predicted Growth in the LGA. 27

3.5 Growth in Individual Planning Catchments. 27

3.6 Byron Bay / Suffolk Park Population Growth. 31

3.7 Bangalow Population Growth. 32

3.8 Mullumbimby Population Growth. 33

3.9 Brunswick Heads Population Growth. 34

3.10 Ocean Shores / South Golden Beach Population Growth. 35

3.11 Rural North Population Growth. 36

3.12 Rural South Population Growth. 37

Section 4 Bikeways and Pedestrian Facilities Strategy Plan. 38

4.1 Bikeways and Pedestrian Facilities. 38

4.2 Bikeways and Pedestrian Facilities Existing Provision. 38

4.3 Bikeways and Pedestrian Facilities Nexus and Future Demand. 39

4.4 Bikeways and Pedestrian Facilities Reconciliation of Section 94
Contributions Plan 2005. 39

4.5 Bikeways and Pedestrian Facilities Apportionment 39

4.6 Collection and Expenditure. 40

4.7 Works schedule. 40

4.8 Formula for the Calculation of Contributions. 40

5 Strategy Plan Community Facilities and Libraries. 63

5.1 Introduction. 63

5.2 Byron Bay Library and Library Services. 63

5.3 Nexus for Library. 64

5.4 Apportionment for Library. 64

5.5 Other Community Facilities. 64

5.6 Nexus and Future Demand for other Community Facilities. 65

5.7 Reconciliation of Section 7.11 Contributions Plan 2005. 65

5.8 Community Facilities Collection and Expenditure. 66

5.9 Timeframe for Provision Library and other Community Facilities. 66

5.10 Apportionment for other Community Facilities. 66

5.11 Calculation of Rate of Contribution. 66

5.12 Formula for the Calculation of Contributions. 66

6 Open Space and Recreational Facilities. 90

6.1 Existing Provision of Open Space and Recreation Facilities. 90

6.2 Nexus and Future Demand Open Space and Recreation Facilities. 90

6.3 Increased Capacity Open Space and Recreation Facilities. 91

6.4 Reconciliation of Section 94 Contributions Plan 2005. 91

6.5 Timeframe for collection for Open Space and Recreation Facilities. 91

6.6 Timeframe for Provision of Open Space and Recreation Facilities. 92

6.7 Apportionment for Open Space and Recreation Facilities. 92

6.8 Calculation of Rate of Contribution for Open Space and Recreation Facilities. 92

6.9 Formula for the Calculation of Contributions. 92

7 Urban and Rural Roads. 153

7.1 Nexus and Future Demand. 153

7.2 Timeframe for collection. 153

7.3 Timeframe for Provision. 153

7.4 Apportionment 153

7.5 Calculation of Rate of Contribution. 154

7.6 Formula for the Calculation of Contributions. 154

8 Administration. 162

8.1 Nexus and Future Demand. 162

8.2 Reconciliation of Section 94 Contributions Plan 2005. 162

8.3 Apportionment 162

8.4 Formula for the Calculation of Contributions. 163

Part B – Section 7.12 Developer Contributions Plan.. 1

Section 1 – Summary schedules. 1

Section 2 – Expected development and demand for public facilities. 3

Maps

Map 2.1 –Catchments - Shirewide. 17

Map 2.2 –Catchments – Rural north. 18

Map 2.3 –Catchments – Rural South. 19

Map 2.6 –Catchments – Brunswick Heads. 22

Map 2.7 –4 Catchments - Mullumbimby. 23

Map 2.8 –Catchments – Ocean Shores / South Golden Beach. 24

Map 4.1 – Mullumbimby existing and potential cycleways. 52

Map 4.2 – Ocean Shores North existing and potential cycleways. 53

Map 4.3 – Ocean Shores South existing and potential cycleways. 54

Map 4.4 – Brunswick Heads existing and potential cycleways. 55

Map 4.5 – Brunswick Heads South existing and potential cycleways. 56

Map 4.6 – Bangalow existing and potential cycleways. 57

Map 4.7 – Ewingsdale existing and potential cycleways. 58

Map 4.8 – Byron Bay West existing and potential cycleways. 59

Map 4.9 – Byron Bay East existing and potential cycleways. 60

Map 4.10 – Byron Bay South existing and potential cycleways. 61

Map 4.11 – Suffolk Park existing and potential cycleways. 62

Map 5.1 - Byron Bay Library. 73

Map 5.2 Suffolk Park Community Hall. New access ramp and accessible toilets. 74

Map 5.3 Sandhills Early Childhood Centre Playspace Upgrade and Landscape Design. 75

Map 5.4 Mullumbimby Drill Hall (refer to Community Infrastructure 10 Year Plan) 76

Map 5.5 Sound Shell at Skate Park (refer Cultural Plan 1.2.e and Youth Strategy and Action Plan) 77

Map 5.6 Mullumbimby CWA (refer to Community Infrastructure 10 Year Plan) 78

Map 5.7 Civic Hall Acoustics Upgrade. 79

Map 5.8 Pilgrim Park Public toilets. Upgrade to toilet block utilising crime prevention through environmental design (refer #1160588) 80

Map 5.9 Brunswick Heads Memorial Hall. New Car Park and Accessibility Ramp. 81

Map 5.10 Heritage House - General Purpose Facilities Requirements. 82

Map 5.11 Bangalow A&I Hall Improvement Program.. 83

Map 5.1 Mia Court Tennis Courts/Basketball Construct public toilets. 84

Map 5.13 Acquisition of SGB Community Hall from the Crown. 85

Map 5.13 Ocean Shores Community Centre Improvements. 86

Map 5.15 Broken Head Hall Improvement Program.. 87

Map 5.16 Aboriginal Cultural Centre. 88

Map 5.17 Landfill expansion. 89

Map 6.1 Byron Regional Sport and Cultural Complex Multiple Facilities. 109

Map 6.2 Shade Structures and seating at Suffolk Park skate park. 110

Map 6.3 Enlarged public toilet facilities at Byron Bay Surf Club. 111

Map 6.4 West Byron Local Parks Acquisition and Embellishment 112

Map 6.5 Clarkes Beach play equipment & shade sail 113

Map 6.6 Apex Park Infants play unit & shade sail, exercise equipment 114

Map 6.7 Railway Park Byron Bay Additional Play ground equipment/Sail and exercise equipment 115

Map 6.8 Recreation Ground Byron Bay Additional Playground equipment/sail 116

Map 6.9 Gordon Street Park. Enlarged Play unit and shade sail 117

Map 6.10 Sunrise Beach Park Play unit and Sail 118

Map 6.11 Makellar St Play unit and sail 119

Map 6.12 Pepperbush park play unit 120

Map 6.13 Baywood Chase Park Play Equipment 121

Map 6.14 Suffolk Sports field Play equipment and sail 122

Map 6.15 Gaggin Park Play Unit 123

Map 6.16 Byron Bay Pool - Improvements (refer Community Infrastructure 10 Year Plan) 124

Map 6.17 Byron Bay Town centre upgrade Landscape Precinct Plan. 125

Map 6.18 Community Gardens. 126

Map 6.19 Acquisition and embellishment of 0.25ha park. 127

Map 6.20 Acquisition and embellishment of 0.25ha park. 128

Map 6.21 Embellishment of existing park in Area 2. 129

Map 6.22 Embellishment of existing park in Area 3. 130

Map 6.23 Bangalow Play equipment shade sail, Sports Fields Change Rooms / Amenities at Sports Fields. 131

Map 6.24 Bangalow Pool Park Bangalow Play Unit & sail 132

Map 6.25 Palm Estate Play Unit 133

Map 6.26 Leopardwood Park 2 shade sails. 134

Map 6.27 Riverside park Shade sail and park play equipment 135

Map 6.28 Mullumbimby Civic Centre precinct. Exercise Equipment 136

Map 6.29 Pine Avenue sports ground. Play equipment and shade sail 137

Map 6.30 Heritage park Play equipment 138

Map 6.31 Pool park. Play equipment and shade sail 139

Map 6.32 Mullumbimby Pool Improvements and Heating. 140

Map 6.33 Acquisition and embellishment of Parks in area 5 as identified in Chapter 11 of DCP. 141

Map 6.34 Acquisition and embellishment of sports fields as identified in Chapter 11 of DCP. 142

Map 6.35 Tom Kendal Park Play equipment 143

Map 6.36 SGB community centre Play equipment & shade sail 144

Map 6.37 Waterlily park. Play unit and Shade sail 145

Map 6.38 Fern Beach. Play unit & sail 146

Map 6.39 Surf Club for South Golden Beach. 147

Map 6.40 Acquisition and embellishment of 4000 square meter park in Bayside. 148

Map 6.41 Tweed Street Masterplan Landscaping Upgrades. 149

Map 6.42 Upgrade Surf Club. 150

Map 6.43 Brunswick Recreation Ground play equipment & shade sail 151

Map 6.44 Bayside Park. Play equipment and shade sail 152

Executive Summary

This Plan is called the Byron Shire Developer Contributions Plan 2012 (amendment 4). This Plan applies to the area known as Byron Shire as shown on the map 2.1. The plan is split into two parts, Part A being the Byron Section 7.11 plan that applies to all residential development and Part B being the Bryon Section 7.12 plan that applies to all non residential development.

The purpose of this amendment is to:

1. Deletion of clause 2.14 that allowed for the waiver of contributions on secondary dwellings.

2. Consequential numerical changes of the plan to reflect the updated numbering of the Environmental Planning and Assessment Act 1979.

For Part A contributions will be collected for facilities in each catchment and the incoming population in each catchment will contribute in greater or lesser amounts, to particular facilities. Some facilities will benefit only the residents of that part of the LGA and others will benefit residents in the LGA. Where a facility will service both the local catchment and the entire LGA, the cost of the facilities will be split proportionally across these catchments.

Both Parts of this plan were prepared in accordance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000. Both Parts of this plan addresses the public facilities and amenities that will be required to meet the needs of the current population and the incoming population of Byron Shire up to 2026.

State Government and Council plans and policies have been prepared in order to sustain continued population and employment growth in the Byron Shire. The resident population of the LGA is forecast to grow by approximately 6,940 between 2011 and 2026. The growth in the resident population will generate an increase in the demand for public facilities and services provided by Byron Shire Council.

This Plan has been prepared taking into consideration the principles of nexus, apportionment and reasonableness. Using these principles, contributions are being utilised by Council to ensure that the service level to the existing population is not reduced, whilst ensuring a similar level of service for the incoming population. Unless this approach is followed, there will be inequities for the community – both to those who are long-term residents and for the incoming population. Incoming populations should make a reasonable contribution toward the provision of these new and/or augmented facilities. This Plan describes the future demands for services and facilities in Byron Shire and its planning catchments. It also sets out the programs of works (projects), which will be implemented to meet these demands, the anticipated costs of these programs, and the basis for determining a reasonable apportionment of the costs to the incoming resident population.

The incoming resident population emanating from new development in Byron Shire will result in the need for augmented and/or additional library, community services, open space and recreation facilities, traffic management, roads, pedestrian and bikeways improvements.

Part B contributions will be based on the increased demand for new facilities created by all non residential development. Part B takes the form of a section 7.12 plan.

Section 2 – Administration and operation of the plan

2.1 What is the name of this development contributions plan?

This development contributions plan is called the Section 7.11 Development Contributions Plan 2012 (Amendment 4).

2.2 Area the plan applies to

This plan applies to all land within the local government area(s) as shown on the Map 2.1 Contributions are to be collected either on a LGA wide basis or on a catchment basis and in some circumstances both. Catchments are mapped and are shown as maps 2.1 to 2.8.

2.3 What is the purpose of this development contributions plan?

The primary purpose of this Plan is to satisfy the requirements of the Environmental Planning and Assessment Act and the EP&A Regulation to enable Byron Shire Council to require payment of a monetary contribution, a dedication of land, or, in lieu thereof, to accept the provision of material public benefits (including the dedication of land) or the carrying out of works in kind, towards the provision, extension or augmentation of services and facilities that will, or are likely to be, required as a consequence of development in Byron Shire.

Other purposes of this Plan are to:

(a) provide an administrative framework under which specific public facilities strategies may be implemented and coordinated

(b) ensure that adequate public facilities are provided for as part of any new development

(c) to authorise the council to impose conditions under section 7.11 (s7.11) of the Environmental Planning and Assessment Act 1979 when granting consent to development on land to which this plan applies

(d) provide a comprehensive strategy for the assessment, collection, expenditure accounting and review of development contributions on an equitable basis

(e) ensure that the existing community is not burdened by the provision of public amenities and public services required as a result of future development

(f) enable the council to be both publicly and financially accountable in its assessment and administration of the development contributions plan.

(g) provide the framework for the efficient and equitable determination, collection and management of development contributions towards the provision of services and facilities;

(h) ensure that community infrastructure is provided in a reasonable time;

(i) ensure that all new development that benefits from community infrastructure contributes to its provision.

(j) determine likely development patterns and needs of the population which will result from that development;

(k) ensure that the existing Byron Shire community is not unreasonably burdened by the provision of public infrastructure required (either partly or fully) as a result of the ongoing development and redevelopment of Byron Shire;

(l) provide an overall strategy for the coordinated delivery of services and facilities consistent with Council’s strategic intent and Management Plan;

(m) provide a comprehensive and transparent strategy which is implemented for the assessment, accounting and review of development contributions made under Section 7.11 of the Environmental Planning and Assessment Act 1979 and EP&A Regulation for Byron Shire; and

(n) indicate a program of works and expenditure for the provision of community infrastructure required as a result of development.

2.4 Commencement of the plan

This development contributions plan has been prepared pursuant to the provisions of s7.11 of the EP&A Act and Part 4 of the EP&A Regulation and takes effect from the date on which public notice was published, pursuant to clause 31(4) of the EP&A Regulation.

2.5 Relationship with other plans and policies

This development contributions plan repeals the Section 94 Development Contributions Plan 2012 (amendment 3). Contributions raised and paid under the auspices of the repealed plan will be directed towards the highest priority facility in the respective categories contained in this Plan.

This Plan is consistent with Council’s current Management Plan and provides a means of implementing priority facilities and strategies adopted by Council for the provision of public facilities and amenities in Byron Shire.

This Plan complements Council’s various development control plans and policies. However, developers and owners should check other relevant plans and policies for further information and development standards that may relate to their site.

The development contributions plan supplements the provisions of the Byron Local Environmental Plan 2014 and any amendment or local environmental plan which may supersede it.

2.6 Definitions

The definitions relating to this Plan not stated in this chapter has the same definition as that contained in the Byron Shire LEP and Byron Shire DCP. Where a definition is not contained in this plan, the LEP or DCP then the following documents in order of preference shall be used to determine them meaning of the word:

1. The Environmental Planning and Assessment Act 1970;

2. The Environmental Planning and Assessment Regulation 2000;

3. Other acts and regulations of the NSW Parliament;

4. The latest edition of the Macquarie Dictionary.

“ABS” means the Australian Bureau of Statistics.

“Applicant” means the person, company or organisation submitting a development application.

“Bedroom” means (for the purposes of this Section 7.11

Contributions Plan) any room, which is, in the opinion of Council, by its physical design, designated or capable of being used as a bedroom. This includes separately accessible rooms designated a bedroom, study, studio, den, attic, home office or the like.

“Consumer Price Index” means the Consumer Price Index (All Groups Index for Sydney) as published by the Australian Bureau of Statistics.

“Council” means the Council of the Shire of Byron.

“Development application” has the meaning under Section 4 of the Environmental Planning and Assessment Act,

“Development” has the meaning under Section 4 of the Environmental Planning and Assessment Act,

“Development Control Plan” means the relevant Byron Shire Council Development Control Plan made according to the Environmental Assessment and Planning Act 1979.

“LGA” means the local government area.

“Lot” means an area of topographical space shown on an approved plan of subdivision and on which it is intended to carry out development.

“Open space” in the context of this plan, means publicly accessibly parkland or civic space that may exist or may be provided in accordance with this plan.

“Catchment” means a geographic or other defined area in which contributions will be collected for public facilities.

“Planning benefit” means a development contribution that confers a net public benefit. That is a benefit that exceeds the benefit derived from measures that would address the impacts of particular development on surrounding land or the wider community. Benefit to the community greater than the steps taken to mitigate the impact of the development.

“Planning obligation” means an obligation imposed by a Planning Agreement on a developer requiring the developer to make a development contribution.

“Civic Improvements” means a work carried out to improve the appearance or us of public

areas, such as streets, malls, seating, lighting, information boards, footpaths and the like.

“Public benefit” means the benefit enjoyed by the public as a consequence of a development

contribution.

“Works Schedule” means the schedule of public facilities and infrastructure for which development contributions may be required. It also includes the likely timing of provision of those public facilities based on projected rates of development.

2.6.1 Mathematical Interpretation

This plan has been prepared using Microsoft Excel. The “round” function has been used throughout the spreadsheet. The following rules have been applied throughout the spreadsheet:

· Calculations using persons have been rounded to the nearest integer at the final stage of calculation.

· Calculations involving percentages have been rounded to four decimal places and displayed using the % format showing two decimal places i.e. 0.0476 is displayed as 4.76%.

· Calculations involving money have been rounded to the nearest cent at each step of the calculation.

· Conversions of number of persons to SDU have been rounded to the nearest integer for the purposes of showing the number of SDU.

The spreadsheet may yield minor variations to the results obtained with a hand held calculator. This is due to the spreadsheet using ISO/IEC/IEEE 60559:2011 for floating point numbers. The rounding used in the formula should mitigate against these errors. However with regard to rounding and discrepancies between the spreadsheet and a hand held calculator the output of the spreadsheet is to be preferred.

In the case where there is an obvious error in the formula / output then the spreadsheet should be updated and the contributions plan adjusted in accordance with the regulations.

2.7 For What Amenities and Services will Contributions be Levied?

This Plan establishes strategies (Part C) that allow section 7.11 contributions to be levied towards the provision of the following amenities and services insofar as these amenities and services relate to the needs generated by new development:

1. Local Open Space & Recreation

2. LGA Wide Open Space & Recreation

3. LGA wide Community Facilities

4. Local Community Facilities

5. Bikeways & Footpaths

6. Shire Wide Bikeways & Footpaths

7. Urban Roads

8. LGA Wide Roads

9. Rural Roads

10. Admin Levy

2.8 How is this Plan Structured?

This Plan is arranged in four parts:

Section 1 – contains the summary schedules for all contributions rates affecting each catchment

Section 2 – provides a summary of the essential components of the Plan, including the basis for preparing a development contributions plan, describes the Plan’s operation and administration, defines the area affected by the Plan and its relationship to other plans

Section 3 – provides details of the need for the public facilities to be provided, including the expected development and population characteristics of Byron Shire.

Section 4 – provides details on the strategies to deliver each of the categories of public facilities, including the causal, spatial and temporal link between expected development and the facilities required, and the philosophy, standards and manner of facility and service delivery. The works schedules and maps are found in this part

2.9 Operation of the Plan

Section 7.11 of the Environmental Planning and Assessment Act 1979 permits Council to require developers to provide or assist in providing new facilities required as a consequence of new development. The mechanism to require the contribution is through the development assessment process. In determining a development application or issuing a complying development certificate, Council or a private certifier may impose a condition of consent requiring the payment of a monetary contribution, dedication of land and/or works in kind, in accordance with the provisions of this Plan.

This Plan identifies the quantum of contribution to be levied on an individual development, and what facilities the contribution may be directed towards. Such details are to be included in the respective development approval. The parameters and assumptions used to identify contributions and the works as a result of development occurring are dynamic. As a result, this Plan will be reviewed periodically. Information on the contributions received, and details of how these contributions have been applied toward the provision of the services and facilities described in this Plan, will be reported in Council’s annual financial statements. A register of contributions received under this Plan will also be maintained and made publicly available by Council.

2.10 What is the Life of the Plan?

This Plan seeks development contributions for services and facilities required as a result of population increases. The time frame of this plan is over 15 years from the date of adoption of the original plan. Where a facility has been completed Council shall amend the plan and move this facility into recoupment. Council will continue to recoup the cost of the facility from incoming population until such time as the facility reaches capacity. The intention of this plan is for it to be reviewed every five years with adjustments made to the population projections based on census data and costs of works updated at this time. Council will also conduct an annual review to amend priorities and to change completed works over to recoupment. It is proposed to collect funds under this plan for fifteen years or if a new plan is prepared then for facilities where the funds have not been fully collected those works should be rolled forward into a new plan.

2.11 When is the Contribution Payable?

The amount of developer contributions will be determined as part of the assessment of a development application and will appear as a condition of approval on the respective development consent issued under Section 80 of the Environmental Planning and Assessment Act 1979. The notice will include a condition indicating the timing, amount of payment and the specific public amenity or service in respect of which the condition is imposed.

Generally a condition of consent shall be worded to the effect that a contribution is payable:

(a) In the case of a development application involving subdivision - prior to the release of the Subdivision Certificate. Where the subdivision certificate is for a part of the development the contribution shall relate to the number of lots created by the Subdivision Certificate;

(b) In the case of a development application involving building work - prior to the release of a Construction Certificate. Where the construction certificate is for part of a development the contribution shall relate to the number of dwellings ;

(d) In the case a development application for the use of building or the use of works – prior to the issue of an 149D certificate,

(e) In the case of a development application where no building works are involved - prior to occupation or commencement of the approved use.

(f) In the case of an extractive industry – at the end of each financial year based upon extraction rates indicated in the quarterly returns for that year.

These criteria are not exhaustive and circumstances may arise with a particular development application where alternative timing of payments is warranted. If a development does not relate to one of the above criteria then Council may consider and alternative timing of the payment. The alternative timing will be determined by Council and is to be set out in a condition of development consent. The discretion to alter the timing of payment is the sole discretion of the Council and does not extend to accredited certifiers.

Where a condition of consent requiring the payment of a monetary contribution is to be satisfied by way of provision of a material public benefit, works in kind or dedication of land then the provision of a material public benefit (MPB) , works in kind (WIK) or dedication of land shall be completed or dedicated prior to the release of the subdivision certificate, construction certificate, 149D certificate, occupation certificate complying development certificate, occupation certificate or commencement of the use as per the criteria (a) to (f) above.

The amount of any monetary contribution to be paid will be the contribution payable at the time of consent, and depending on when the development consent is acted upon, may be subject to reasonable adjustment due to movements in the financial indices and rates indicated in Section 2.

2.12 Construction certificates and the obligation of accredited certifiers

In accordance with section 7.21 of the EP&A Act and Clause 146 of the EP&A Regulation, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of monetary contributions has been satisfied.

In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that contributions have been fully paid and copies of such receipts must be included with copies of the certified plans provided to the council in accordance with clause 142(2) of the EP&A Regulation. Failure to follow this procedure may render such a certificate invalid. The only exceptions to the requirement are where a works in kind, material public benefit, dedication of land or deferred payment arrangement has been agreed by the council. In such cases, council will issue a letter confirming that an alternative payment method has been agreed and that the condition has been satisfied.

2.13 Credits and Exemptions for Certain Types of Development

This plan is based around the concept of the standard dwelling unit (SDU). One SDU is a three or more bedroom dwelling with an occupancy rate of 2.4 persons. The following rates will be adopted for dwellings of less than three bedrooms:

· 2 bedroom dwelling (0.75 SDU)

· 1 bedroom dwelling (0.55 SDU)

This plan assumes that all existing allotments have an underlying credit of one SDU except in the following circumstances:

(a) Lots created without Council approval by way of departmental subdivision by the Crown; or

(b) Lots created for the purposes of utility installations; or

(d) Lots created by way of the closure of a public or crown road; or

(e) Lots to which clause 15 of the Byron LEP applies and that form part of an existing holding where a dwelling has already been erected upon another lot within that holding; or

(f) Vacant lots within commercial or industrial zones.

Lots that meet the criteria listed in (a) to (f) do not have any credit and development upon this land that increases population will be required to pay a contribution.

This plan also assumes that existing dwellings (including multiple dwellings) will have a credit based upon the number of bedrooms.

Certain additional types of development have been exempted from the requirement to make a contribution towards provision or improvement of amenities or services. These types of development are listed below. Council acknowledges that these various types of development provided a planning benefit that outweighs the increase in demand for services generated by the new population that the development will accommodate.

2.14 [Deleted by amendment 4]

2.15 Exemptions for Private Boarding Houses, Group Homes and Affordable Housing

Unless superseded by legislation or direction, in the case of private developments such as hostels, group homes and boarding houses, this type of development may be able to justify a case for an exemption so long as it meets State Government criteria for a tax exemption for low-cost residential accommodation.

An applicant may as part of their development application make application for the suspension of contributions. An applicant must comprehensively argue the case for suspension including the specific circumstances that would distinguish the subject proposal’s merit case from others.

Applications for merit suspension will be referred to Council for formal determination and accompanying submissions will be made public as part of that process.

Applicants should liaise with Byron Shire Council in relation to Development Applications of this nature.

2.16 Other Public Benefit Exemptions from the Contributions Plan

It is not always possible to identify in advance all developments which may be able to make a meritorious case for an exemption from the obligation to pay some or all of the applicable contributions. On the principle of ensuring public accountability, transparency and equity between all developers, this section specifies the limited opportunity for making a merit-based case for exemption.

Council may formally consider, on the individual merits, a case for exempting the following types of development from the levying of contributions:

· Developments which provide a distinct community benefit on a not-for-profit basis including but not necessarily limited to: accommodation associated with fire stations, police stations or police shop fronts, ambulance stations, rescue services, State Emergency Service (SES) and Rural Fire Services (RFS) operational bases and the like. This provision is not intended to include corporate headquarters of any type; and

· Development by or for non-profit or cooperative organisations which provide a distinct community benefit including but not limited to: the provision of childcare services (especially for under-2s and/or special needs children) including kindergartens and pre-schools; outreach services, community services or the like, on a cooperative or not-for-profit basis.

Full details of any case for exemption must be included as part of the Development Application to enable the Council to make a merit-based assessment of the unique circumstances of the specific case in question concurrent with the consideration of the Development Application as a whole.

If Council does not grant a full exemption to the payment then Council may allow a reduction in the rate of demand (SDU) for a particular development or Council may allow for the exclusion of individual line items in the works schedule to enable a contribution to be calculated.

2.17 Development under State Environmental Planning Policy (Seniors Living) 2004

All new development, including housing for seniors and people with disabilities, intensifies the use of the existing infrastructure and adds incrementally to the demand for public amenities and services. Older people and people with disabilities enjoy the current provision of open space and are one of the major users of parkland areas.

Older people and people with a disability also use public libraries. Many attend senior citizens meetings in Council facilities. They also receive services, such as meals on wheels, community transport, and neighbour aid, organised from the offices of the Commonwealth and State funded Home and Community services located in Council’s multipurpose facilities.

Further development of any sort within the planning catchments to which this Plan applies will lead to an increase in the demand for road upgrades and traffic management facilities. It is therefore reasonable for Council to levy contributions on all development within the area, including housing built under State Environmental Planning Policy (Seniors Living) 2004.

However, Council may consider an application to discount or exempt the development from certain contributions. Applicants seeking Council’s acceptance of such an arrangement must be able to demonstrate to the satisfaction of Council that sufficient on site facilities are provided.

Council will consider the merits of the application, including the potential social and financial implications, and the ability of the proposed facilities to meet the demand of the incoming residents. The applicant will need to initiate action by applying to Council in writing, including full details and plans for the facilities to be provided. The acceptance of an application will be at Council’s absolute discretion.

The reduction in the contribution rate for seniors living will in the case of open space and community facilities and be calculated by excluding individual items from the works schedule where it can be demonstrated by the applicant that the development does not create a demand for a particular facility. In the case of roads the number of SDU may be reduced to reflect a reduction in trip generation per person. A traffic study to justify the reduction in trips per person will be required.

The occupancy rates used for the purpose of determining contributions will be 1.5 persons per dwelling.

The exclusion of line items from the works schedule and a reduction in the number of SDU for seniors living developments is at the sole discretion of Council.

2.18 Review of Plan and Contribution Rates

Byron Shire Council acknowledges the need to periodically monitor and review this Contributions Plan.

For this reason, the contributions will be subject to a number of reviews to take account of such matters as community needs, costs of amenities and services, rate and extent of development, affordability of contributions and progress in providing scheduled works.

In the event of the Council identifying changes as a result of the review process, amendments to this Plan, (apart from the periodic adjustment of contributions that is provided for in Part C of this plan, based on published indices), will be publicly exhibited in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000. Pursuant to Clause 32(3) of the Environmental Planning and Assessment Regulation 2000, Council may make certain minor adjustments or amendments to this Plan without prior public exhibition and adoption by Council.

It is intended to review this plan upon adoption of a new LGA wide LEP and /or every five (5) years upon release of the census data from the ABS.

2.19 Adjustment of Contributions

To ensure that the values of the contributions are not eroded over time by movements of the consumer price index, the Council will amend the contribution rates. The contribution rates listed in each of the strategy plans will be amended and increased according to consumer price index to allow for increases in the cost of provision of facilities. Contributions will also be adjusted at the time of payment in accordance with the quarterly consumer price index.

Contributions required as a condition of development consent will be adjusted at the time of payment in accordance with the latest Consumer Price Index (All Groups – Sydney) as published quarterly by the Australian Bureau of Statistics, using the following formula:

C = The original contribution amount as shown on the consent

Ind¹= The Consumer Price Index Number (Sydney - All Groups) currently available from the Australian Bureau of Statistics at the time of payment.

Ind²= The Consumer Price Index Number (Sydney - All Groups) last published by the Australian Bureau of Statistics at the time of the grant of development consent.

2.20 Accountability

Financial management and accountability are important components of Developer Contributions planning and is in accordance with the Environmental Planning and Assessment Act 1979. Council is responsible for the maintenance of an accurate and up to date register of all Section 7.11 Contributions.

Monetary contributions received under this Plan are kept in a separate account specifically for this Plan. Accounting records show the contributions received and expended, including any interest earned on invested funds for each account.

Separate accounting records are maintained for Council’s Section 7.11 Contributions Plan. Information on Contributions accounts and funds relating to this Plan will be provided in a condensed format within Byron Shire Council’s Annual Reports in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000. Information is also available in Council’s contribution register relating to this Plan, which can be inspected at Council’s Customer officers during Council’s ordinary office hours.

2.21 Can Deferred or Periodic Payments be Made?

Deferred or periodic payments may only be permitted in the following circumstances:

· Where the applicant can demonstrate to the Council that the payment of contributions in accordance with this plan is unreasonable and Council accepts deferred or periodic payment; or

· Where the applicant intends to make a contribution by way of works-in-kind or land dedication in lieu of a cash contribution in a future stage of the development being levied and Council and the applicant have a legally binding agreement for the provision of the works or dedication; or

· In other circumstances considered reasonable by Council.

All requests for deferred or periodic payment of contributions are required to be made in writing and may only be accepted where:

· There are valid reasons for the deferral or periodic payment (as outlined above);

· The granting of the request will not adversely impact on the administration, operation or cash reserves;

· The granting of the request will not jeopardise the timely provision of works or land identified.

Where Council allows a deferral of contributions an appropriate bank guarantee shall be secured for the amount of contributions to be deferred. The conditions under which the Council may accept deferred settlement by way of a bank guarantee are that:

· The bank guarantee be by an Australian bank for the amount of the total contribution, or the amount of the outstanding contribution, plus an amount equal to thirteen (13) months interest plus any charges associated with establishing or operating the bank security;

· The bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than 12 months from the provision of the guarantee or completion of the work;

· The bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development;

· The Bank's obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the Bank in writing that the guarantee is no longer required;

· Where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid.

The conditions under which the Council may accept payment by way of periodic payment for a staged development are that:

· the instalment be paid before the work commences on the relevant stage of the development;

· the amount to be paid at each stage is to be calculated on a pro-rata basis in proportion to the demand for the relevant facility being levied by the overall development, plus CPI and any interest that may be due.

Any outstanding component of the contribution shall be indexed, at the date of payment, in accordance with the Indicative Borrowing Rate for NSW Local Government Authorities, as published weekly.

2.22 Pooling of Contributions and Staging of works

This Plan expressly authorises monetary Section 7.11 Contributions paid for different purposes to be pooled and applied (progressively or otherwise) for those purposes or different purposes. The priorities for the expenditure of the levies are shown in the works schedule. Monetary contributions collected under previous issues of this contribution plan, or under equivalent contribution plans to be repealed on adoption of this contribution plan, are authorised to be pooled and used for purposes outlined in this plan where those uses are consistent with the purpose for which the contributions were originally collected, and the intended original purpose has been either completed, abandoned or provided for by other means and/or the contributions are surplus.

Where funds from a previous contributions plan have been allocated to a new work (reconciliation column in the works schedules) Council may access all or part of these funds to conduct the works in stages.

The works programme under this Contributions Plan has, from draft stage, commenced the process of full integration into Byron Shire’s Council’s Long Term Financial Plan looking forward over the next ten years. This process facilitates the assessment of all consequential financial effects of pooling contributions to bring forward any given work allowing those effects to be recognised and managed.

2.23 Savings and Transitional Arrangements

A development application or a modification to a development application, which has been lodged prior to the commencement of this Plan but not determined, shall be determined in accordance with the provisions of the previously adopted plan, which applied at the date of lodgement. A development application lodged after the commencement of this plan shall be determined in accordance with the provisions of this plan. A modification to development consent that was determined under the previously adopted plan shall be assessed by reviewing the application in accordance with the plan that applied to the original consent. .

Contributions levied on development consents under the previous contributions plans remain payable and are indexed in accordance with that plan. Contributions levied under a previous plan will be allocated to the highest priority uncompleted project in the new works schedules for the pooling of funds.

2.24 Policy for the Recoupment of Past Works

Byron Shire Council entered the present development phase effectively from 2011. This Contributions Plan covers development growth from the period of 2011 to 2026 for some projects. Long term works which support the full anticipated extent of population growth commencing from the Byron Shire Contributions Plan 2005 and previous iterations of the 2012 plan, are rolled into this Contributions Plan. Where works that were commenced before 2010 are recouped in this Contributions Plan it is because such works have spare capacity to meet the demands of the new population. Works that will meet demand arising from the total end population at 2026 and which are, therefore, proportionally funded over that period of time by that total population, will be provided on a rolling works programme through to 2026. These works will roll over to recoupment works on completion. They cannot be deleted from the Contributions Plan until the technical payback of internal borrowings from within the Contributions Plan as a whole, in order to bring that work forward from 2026, is achieved. To do so prematurely would compromise the proportional funding of the remaining works programme.

2.25 Works in Kind and Material Public Benefit

The Council may accept an offer by the applicant to provide an “in-kind” contribution (i.e. the applicant completes part of all of a work identified in the Plan) or through provision of another material public benefit in lieu of the applicant satisfying its obligations under this Plan by way of payment of a monetary contribution. A material public benefit is defined in the EP&A Act as not comprising the dedication of land or the payment of monetary contribution.

Council will only accept such alternatives provided the value of the works to be undertaken is at least equal to the value of the contribution that would otherwise be required under this Plan and the standard of the works is to Council’s full satisfaction. The value of the works must be provided by the applicant at the time of the request and must be independently certified by a Quantity Surveyor who is registered with the Australian Institute of Quantity Surveyors or a person who can demonstrate equivalent qualifications.

Acceptance of works in kind is at the sole discretion of the Council. Council may review the valuation of works and may seek the services of an independent person to verify the costs. In these cases, all costs will be at the expense of the applicant.

2.26 Context and Catchments

Byron Shire is a coastal area located in north-eastern New South Wales and is a popular national and international tourist destination. Byron Shire is located on the Far North Coast of NSW. The Shire is 556 square kilometres in size and extends 30 kilometres along the coast from Broken Head in the south to South Golden Beach in the North and 20 kilometres inland. The main streets and precincts in the Shire reflect a myriad of cultural influences, which have developed largely as a result of its strong tourist trade and its population, which over the last 20 years has diversified. Rolling green hills and rainforest remnants characterise the hinterlands whilst extensive clean white beaches flank the coast.

Historically the main urban development has centred around Byron Bay and Suffolk Park. However, other coastal and inland towns have also experienced significant urban development these include Mullumbimby, Bangalow, Brunswick Heads, Ocean Shores, New Brighton, and South Golden Beach. The Shire contains many smaller rural villages dispersed throughout the hinterland including Federal, Main Arm, Wilsons Creek, Eureka, Billinudgel and Goonengerry.

The Strategy Plans contain a number of different ‘planning catchments’. Maps of these catchments can be found on Pages 17-24. For the purpose of this Plan certain contributions are levied on development within these planning catchments or as whole of LGA or a combination of both an LGA wide and a catchment contribution for certain types of development. Development in each contribution catchments will be subject to contributions for some or all of the public facilities and public amenities described in this plan, depending on the nexus between development and facilities. The contribution catchments include:

· Byron Bay/ Suffolk Park.

· Mullumbimby.

· Brunswick Heads.

· Bangalow.

· Ocean Shores

· Rural North.

· Rural South.

Map 2.1 Shirewide Catchment
section94_rural_north

Map 2.2 Rural north Catchment

Map 2.3 Rural South Catchment

Map 2.4 Bangalow Catchment
section94_byron_suffolk

Map 2.5 Byron Bay / Suffolk Park Catchment
section94_brunswick

Map 2.6 Brunswick Heads Catchment

section94_mullum

Map 2.7 Mullumbimby Catchment

Map 2.8 Ocean Shores / South Golden Beach Catchment

Section 3 Population Growth and Increased Demand

3.1 Population and Housing Profile

The population and housing profile has been prepared to provide a clear understanding of the characteristics of the resident population in Byron Shire (the Shire) and to identify trends. The profile assists in projecting residential population growth and determining what facilities will be required to meet the needs of the population resulting from future development. Data has been drawn from the ABS census data held in 1991, 1996, 2001 and 2006.

3.2 Growth in Byron Shire LGA

Historically, the population of Byron Shire has been experiencing rapid growth since 1976. Over the last 30 years (from 1976 to 2006) the population of the Byron Shire has grown by 177 percent. This is significantly more than the NSW growth rate during the same period of 39.6 percent. In the Byron Shire average annual growth rates prior to the 2001 census (from 1976 to 1996) averaged 4.74% per annum. However, these growth rates have slowed, with average annual growth rates of 1.87% per annum in 2001 and 0.42% per annum in 2006. During the 2006 census only 30,329 persons were counted (includes non-residents and visitors).

However, over the last two decades rapid development growth has occurred in the hinterlands of the Byron Shire, particularly in the urban areas of Mullumbimby and Bangalow. One of the more striking characteristics of the Byron Shire is the large proportion of the population that live in the hinterlands (Rural North, Rural South, Mullumbimby and Bangalow accommodate around 43 percent of the population). This spatial distribution of population creates unique challenges for the provision of community facilities and services throughout the local government area.

During the mid to late 1990’s, it became evident that a number of existing sewage treatment works (STP’s) were at or over capacity and there was a concern by the Council that future development would exacerbate inherent problems with these plants. These STP’s included Byron Bay, Bangalow, Mullumbimby and Brunswick Heads. Consequently, Council adopted a policy of restricting urban releases and development of land until the capacity constraints associated with the STP’s could be addressed (Council refers to this as the sewerage moratorium). This sewerage moratorium has been lifted for Byron Bay, Bangalow, Brunswick Heads and Mullumbimby to allow development in these areas. The sewerage moratorium is one of the primary reasons for the lower than expected growth up to 2011.

Prior to the sewerage moratorium, the Byron Shire experienced a boom in development activity associated with improved property yields and strong residential and tourism demand at this location. These factors have led to most urban release development being focused around the coastal urban centres.

The average annual growth rates in the Byron Shire during the 2001 to 2006 census period were significantly less than neighbouring local government areas with the Tweed Shire LGA average annual growth rate of 1.9 percent over this period which was among the fastest in the state (May 2007, DoP).

The Mid North Coast region has had a similar increase over the same period of 1.2 per cent per annum, again this is this is well above growth rates for the state as a whole and one of the fastest growing regions in New South Wales (Dec 200, DoP).

3.3 Demographic Characteristics

Byron Shire has a high proportion of older people. In 2006, 17 percent of Byron Shire’s population was aged 65 years or over, compared with 14 percent in NSW as a whole (see Table 10). In 2006, of those persons over 55 years old approximately 18 percent were not engaged in the work force. Meanwhile, there are low numbers of person’s aged 25 to 35 in Byron Shire, especially when compared to NSW. The number of persons under 25 years old is comparable to NSW.

It is interesting to note that those persons aged 0 to 24 years declined from 31 percent in 2001 to 29 percent in 2006 and persons aged 55 and above increased from 21 percent in 2001 to 24 percent in 2006.

The Byron Shire population has large numbers of people aged in their teens and from ages 40 to 60 years. This is a result of in-migration of older families and people in pre-retirement years. However Byron Shire has very high out-migration of young adults, resulting in a relatively small number of people in the 20 to 40 years age range. The proportion of older people in the population is expected to increase rapidly as a result of ageing of the existing population and retirement migration this is shown in table 3.1 from the Department of Planning’s NSW SLA Population Projections, 2006-2036.

Table 3.1

Department of Planning 2010

It is to be noted that the Department of Planning’s NSW SLA Population Projections, 2006-2036 are based upon the Estimated Residential Population ERP form the ABS. The ERP has not been used as the basis for this contributions plan as the smallest unit that the ERP is available at is the LGA. Place of usual resident was available at the collection district level. This enables council to determine the starting population if individual catchments as at 2006.

3.4 Predicted Growth in the LGA

The growth model used for the LGA uses the 5 year average annual growth rate calculated from the Department of Planning’s 2010 release of the New South Wales Statistical Local Area Population Projections (April 2010) Detailed Summary. These projections translate the 2008 State and regional projections to the local level, along with projecting demographic changes in areas covered by regional or subregional strategies.

The ABS census data for place of usual residence 2006 was used as the start point for the population of the LGA. The growth rates calculated from the Department of Planning’s 2010 release of the New South Wales Statistical Local Area Population Projections (April 2010) Detailed Summary were then applied to the place of usual residence population figures to project and estimate the usual resident population of the LGA in five year increments.

Each catchment was then designated as either a growth area or a non-growth area. A growth area would have available zoned land for significant urban development or proposals for new development with Council or the State Government. Non-growth areas would have little or no available land for further urban development. The growth in each catchment had to be estimated based upon existing proposed developments or on available zoned land. The potential population was predicted by lot layouts for proposals such as Bayside Brunswick Heads, and West Byron or used lot yields for existing zoned land. These known amounts of growth were allocated to their respective catchments. The remaining non-growth catchments then had the remaining growth allocated to them. This enabled differing growth rates to each catchment rather than use a shire wide average that would produce misleading outcomes.

The tables on pages 29 to 38 shows the outcomes from the growth model for the LGA and the various catchments.

The growth model adopts slightly higher growth rates for some catchments than the department of planning in the short to medium term (2021) and then the model predicts that growth rates will then decrease over time. It has been assumed that the higher growth rate over the next period will be mainly due to the release of some development areas and the sewerage moratorium being lifted. As the projections make the assumption that the 2006 occupancy rates will be maintained, these estimates are therefore generally consistent with the Far North Coast Region Residential Submarket Analysis (Marcro Plan, 2008) and with the NSW SLA Population Projections, 2006-2036 produced by the Department of Planning 2010.

3.5 Growth in Individual Planning Catchments

Over the last 30 years, from 1976 to 2006, each planning precinct has been experiencing a rapid population growth, with the largest population growth occurring in Ocean Shores. Other planning precincts such as Byron Bay/ Suffolk Park, Bangalow and Rural South have also had rapid population growth during this period. However, the recent population history (from 2001 to 2006) in some planning precincts is quite different to the growth prior to 2001. Over this period the population declined slightly in Byron Bay/ Suffolk Park, Rural South and Rural North and within Mullumbimby and Brunswick Heads the population increased only slightly. Ocean Shores continued to slow experience population growth.

Growth in each of the catchments has been based upon the ABS place of usual resident count and then an average annual growth rate has been applied in five yearly increments. The catchments have been divided into two broad categories based on different growth scenarios:

1. High growth (variable and dependant on lot yield); and

2. Low growth (remainder of growth allocated to achieve the shire wide growth predicted by the Department of Planning).

Catchments with high growth have known areas of new development with defined lot yields. These lots yields coupled with a growth factor to cover redevelopment and dual occupancies will have a growth rate that is higher than the Department of Planning’s LGA wide average. Low growth areas have no new release areas and are reliant on dual occupancies and a limited number new dwellings. Low growth areas will have a growth rate less than the average growth rate provided by the Department of Planning.

High Growth Catchments are:

· Byron Bay / Suffolk Park

· Mullumbimby

· Brunswick Heads

· Bangalow

Low Growth Catchments are:

· Rural North

· Rural South

· Ocean Shores / South Golden Beach

High growth catchments will have a growth rate that varies in each catchment based upon known lot yields. This is will be higher than the Department of Planning’s shire wide average but tapers off to be equal to the Departments predictions by then end of the 25 year period. The justification for this demand is the desirability of certain of the growth areas as places to live and the pent up demand as a result of the sewer moratorium.

Bikeways and Footpaths Works Schedule

Facility (Refer to Bikeways plan for detailed description of works and maps #790722)	Priority	Priority for Pooling of Funds	Estimated Timing for works	Time Frame for collection (Years)	SDU in time frame	Cost of Works	Cost of Works Indexed to 24 April 2014	S94 Funds bought forward (reconciliation from old plan)	Net cost of works (less from old plan reconciliation amount)	Apportionment (% attributable to new development)	Cost of works attributable to new development	Cost of Works Attributable to Council	Cost per SDU
					N	W		R	W-R	P			C
Mullumbimby
1 Shared path Pine Avenue from Riverside Drive to Main Arm Road 571.2m	26			15	333	114,240.00	118,040.55	-	118,040.55	20.12%	23,750.79	94,289.76	71.32
10 Shared path Main Arm Road from Pine Avenue to primary school 570.6m	7			15	333	114,120.00	117,916.56	-	117,916.56	20.12%	23,725.85	94,190.71	71.25
2 Shared path Station Street from Argyle Street to Fern Street 423.3m	8			15	333	84,660.00	87,476.48	-	87,476.48	20.12%	17,601.03	69,875.45	52.86
3 On-road advisory Fern Street from Station Street to Jubilee Street 200.4m	6			15	333	802.00	828.68	-	828.68	20.12%	166.74	661.94	0.50
4 Shared path Left Bank Road from Jubilee Avenue to Tuckeroo Avenue 770.7m	3			15	333	206,900.00	213,783.17	27,089.91	186,693.26	20.12%	37,564.32	149,128.94	112.81
5 Shared path (see map inset) Left Bank Road from Tuckeroo Avenue to Steiner School 2,439.8m	28			15	333	487,960.00	504,193.50	-	504,193.50	20.12%	101,448.15	402,745.35	304.65
6 Shared path Azalea Street from western end of existing path to the intersection of Coolamon Drive 173.1	29			15	333	34,620.00	35,771.74	-	35,771.74	20.12%	7,197.59	28,574.15	21.61
7 Shared path Riverside Drive, from Pine Avenue, with bridge across river to Burringbar Street 606.4m	53			15	333	2,000,000.00	2,066,536.20	-	2,066,536.20	20.12%	415,805.19	1,650,731.01	1,248.66
8 On-road bike lane Burringbar Street from Dalley Street to Gordon Street 97.4m	19			15	333	389.60	402.56	-	402.56	20.12%	81.00	321.56	0.24
9 Shared path From Riverside Terrace along existing road reserve with bridge across Saltwater Creek to Memorial Swimming Pool car park 170.9m	24			15	333	34,180.00	35,317.10	-	35,317.10	20.12%	7,106.11	28,210.99	21.34
Mullumbimby Total						3,077,871.60	3,180,266.54	27,089.91	3,153,176.63		634,446.77	2,518,729.86	1,905.24

Ocean Shores / South Golden Beach
11 On-road bike lanes Kolora Way from Shara Boulevard to Old New Brighton Road 532.1m	5			15	118	2,128.40	2,199.21	-	2,199.21	4.77%	104.95	2,094.26	0.89
12 Shared path New Brighton Road from Kolora Way to Redgate Road 222.2m	12			15	118	51,106.00	52,806.20	-	51,106.00	4.77%	2,438.94	48,667.06	20.67
14 Shared path Kallaroo Circuit from Public School to existing path at the Bund 185.3m	4			15	118	42,619.00	44,036.85	-	42,619.00	4.77%	2,033.91	40,585.09	17.24
15 Shared path Balemo Drive from Orana Road to Brunswick Valley Way 2,373.80m	71			15	118	545,974.00	564,137.52	104,624.34	441,349.66	4.77%	21,062.56	420,287.10	178.50
16 On-road advisory Pacific Esplanade from Helen Street to Gloria Street 332.1m	78			15	118	1,328.40	1,372.59	-	1,328.40	4.77%	63.40	1,265.00	0.54
17 Shared path Rangal Road from end of existing to intersection of Gloria Street and Beach Avenue 92.1m	44			15	118	21,183.00	21,887.72	-	21,183.00	4.77%	1,010.92	20,172.08	8.57
18 On-road advisory Gloria Street from Beach Avenue to Pacific Esplanade 105.6m	83			15	118	24,288.00	25,096.02	-	24,288.00	4.77%	1,159.10	23,128.90	9.82
19 Shared path Helen Street from Pacific Esplanade to canal 540.9m	45			15	118	124,407.00	128,545.78	-	124,407.00	4.77%	5,937.08	118,469.92	50.31
20 Shared path Helen Street from canal to Kolora Way251.3m	41			15	118	57,799.00	59,721.86	-	57,799.00	4.77%	2,758.35	55,040.65	23.38
21 On-road advisory Brunswick Valley Way – Orana Road to Bonanza Drive, Billinudgel 979.5m	56			15	118	3,918.00	4,048.34	-	3,918.00	4.77%	186.98	3,731.02	1.58
22 On-road advisory Brunswick Valley Way – Shara Boulevard to Yelgun Interchange 1,105.60m	57			15	118	4,422.40	4,569.52	-	4,422.40	4.77%	211.05	4,211.35	1.79
23 On-road advisory Wilfred Street to The Pocket school 5929m	65			15	118	23,716.00	24,504.99	-	23,716.00	4.77%	1,131.80	22,584.20	9.59
24 On-road advisory Brunswick Valley Way - Yelgun Interchange to Shire boundary with Tweed Shire 3,366.90m	58			15	118	13,467.60	13,915.64	-	13,467.60	4.77%	642.72	12,824.88	5.45
25 On-road advisory Rajah Road 1,741.20m	54			15	118	6,964.80	7,196.51	-	6,964.80	4.77%	332.38	6,632.42	2.82
26 On-road advisory Orana Road, from intersection of The Strand & Wirree Dve to Yengarie Way 426.4m	51			15	118	1,705.60	1,762.34	-	1,705.60	4.77%	81.40	1,624.20	0.69
27 Shared path Water Lilly Park 1017.6m	74			15	118	234,048.00	241,834.33	-	234,048.00	4.77%	11,169.49	222,878.51	94.66
28 On-road advisory Orana Road from Balemo Drive to Warrambool Rd 1,422.50m	61			15	118	5,690.00	5,879.30	-	5,690.00	4.77%	271.54	5,418.46	2.30
29 On-road advisory Warrambool Road from Rajah Road to Orana Road 773.7m	59			15	118	3,094.80	3,197.76	-	3,094.80	4.77%	147.69	2,947.11	1.25
30 On-road advisory Orana Road from Warrambool Rd to Yengarie Way 480.7m	69			15	118	1,922.80	1,986.77	-	1,922.80	4.77%	91.76	1,831.04	0.78
31 On-road advisory North Head Road from The Strand to Nature Reserve road 541.5m	42			15	118	2,166.00	2,238.06	-	2,166.00	4.77%	103.37	2,062.63	0.88
32 On-road advisory Brunswick Valley Way – Ocean Shores STP Access Road to Orana Road 1,371.40m	60			15	118	5,485.60	5,668.10	-	5,485.60	4.77%	261.79	5,223.81	2.22
Ocean Shores / SGB Total						1,177,434.40	1,216,605.41	104,624.34	1,072,880.87		51,201.18	1,021,679.69	433.93

Byron Bay Suffolk Park
Pedestrian improvements Jonson Street (refer to Community Infrastructure 10 year works program)				15	1427	200,000.00	206,653.62	-	206,653.62	27.19%	56,197.44	150,456.18	39.38
Marine Parade Boardwalk		1	2013	15	1427	150,000.00	154,990.22	60,000.00	94,990.22	27.19%	25,831.67	69,158.55	18.10
Upgrade lighting from McGettingans Lane to Sunrise Blvd 3200m				15	1427	320,000.00	330,645.79	-	330,645.79	27.19%	89,915.91	240,729.88	63.01
47 Shared path McGettigans Lane from Ewingsdale Road to Balraith Lane 1,801.9m	63			15	1427	360,380.00	372,369.16	-	372,369.16	27.19%	101,262.17	271,106.99	70.96
48 Shared path Balraith Lane from McGettigans Lane to Steiner School 337.2m	43			15	1427	67,440.00	69,683.60	-	69,683.60	27.19%	18,949.78	50,733.82	13.28
Recoupment for project 49 Shared path Ewingsdale Road from McGettigans Lane to Bayshore Drive 2106.8m (excludes grants)	11			15	1427	180,800.00	186,814.87	-	186,814.87	27.19%	50,802.49	-	35.60
50 Shared path Ewingsdale Road from McGettigans Lane to Pacific Highway 806.5m	30			15	1427	161,300.00	166,666.14	-	166,666.14	27.19%	45,323.24	121,342.90	31.76
51 Shared path William Flick Lane from Ewingsdale Road to Hall. 160.6m	55			15	1427	32,120.00	33,188.57	-	33,188.57	27.19%	9,025.31	24,163.26	6.32
52 On-road advisory Internal Ewingsdale access from Hall along William Flick Lane to Plantation Drive. 919.1m	81			15	1427	3,676.40	3,798.71	-	3,798.71	27.19%	1,033.02	2,765.69	0.72
53 Shared path From William Flick Lane to Avocado Crescent 202.4m	79			15	1427	40,480.00	41,826.69	-	41,826.69	27.19%	11,374.36	30,452.33	7.97
54 On-road advisory Woodford Lane from Ewingsdale Road to Kennedy’s Lane 1,919m	72			15	1427	7,676.00	7,931.37	-	7,931.37	27.19%	2,156.86	5,774.51	1.51
55 Shared path Butler Street from Somerset Street to “emergency” rail level crossing. 223.1m	33			15	1427	892.40	922.09	-	922.09	27.19%	250.75	671.34	0.18
56 Crossing facility Rail level crossing connecting Butler Street to Jonson Street. 71.9m	52			15	1427	10,000.00	10,332.68	-	10,332.68	27.19%	2,809.87	7,522.81	1.97
57 Shared path Arts Factory to Butler Street via Gordon, Wordsworth & Burns Streets 679.5m	38			15	1427	135,900.00	140,421.14	-	140,421.14	27.19%	38,186.16	102,234.98	26.76
58 Shared path Bayshore Drive from Ewingsdale Road to rail corridor 917.7m	21	12	2015	15	1427	183,540.00	189,646.03	28,751.72	160,894.31	27.19%	43,753.64	117,140.67	30.66
59 Shared path Sunrise Boulevard and Julian Rocks Drive to existing path 246.2m	18	3	2014	15	1427	49,240.00	50,878.12	24,620.00	26,258.12	27.19%	7,140.64	19,117.48	5.00
60 On-road advisory Kendall Street from Shirley Street to the end of The Esplanade 1,168.8m	66			15	1427	4,675.20	4,830.74	-	4,830.74	27.19%	1,313.67	3,517.07	0.92
61 Road Crossing facility Shirley Street / Ewingsdale Road near Kendall Street 19.3m	35			15	1427	10,000.00	10,332.68	-	10,332.68	27.19%	2,809.87	7,522.81	1.97
62 On-road advisory Along Cowper Street through to Browning Street 523.6m	9	8	2016	15	1427	2,094.40	2,164.08	1,047.20	1,116.88	27.19%	303.72	813.16	0.21
63 On-road advisory Bay Street from Council Car park to Apex Park 49.8m	25			15	1427	199.20	205.83	-	205.83	27.19%	55.97	149.86	0.04
64 On-road advisory Along Lighthouse Road from Brooke Drive (The Pass) to Lighthouse. 1018m	17	5	2015	15	1427	4,072.00	4,207.47	2,036.00	2,171.47	27.19%	590.51	1,580.96	0.41
65 Shared path Browning Street from Bangalow Road to Jonson Street and to RSL 161.3m	13	6	2015	15	1427	32,260.00	33,333.23	16,130.00	17,203.23	27.19%	4,678.25	12,524.98	3.28
66 Shared path Through reserve, from existing path to Lawson St 286.9m	64			15	1427	57,380.00	59,288.92	-	59,288.92	27.19%	16,123.05	43,165.87	11.30
67 On-road advisory Browning Street from Cowper Street to Bangalow Road 203.8m	40			15	1427	815.20	842.32	-	842.32	27.19%	229.06	613.26	0.16
69 On-road advisory Lilli Pilli Drive, from Cemetery Road to end 689m	76			15	1427	2,756.00	2,847.69	-	2,847.69	27.19%	774.40	2,073.29	0.54
70 On-road advisory Cemetery Road from Old Bangalow Road to Lilli Pilli Drive 293.6m	73			15	1427	1,174.40	1,213.47	-	1,213.47	27.19%	329.99	883.48	0.23
71 On-road advisory Old Bangalow Road, from Cemetery Road to Bangalow Road 1,929.6m	67			15	1427	7,718.40	7,975.18	-	7,975.18	27.19%	2,168.77	5,806.41	1.52
72 Shared path Broken Head Road (western side) between Beech Drive (north) to “Byron at Byron Resort” 398.6m	34	12	2016	15	1427	79,720.00	82,372.13	39,860.00	42,512.13	27.19%	11,560.76	30,951.37	8.10
73 Shared path Broken Head Road (western side) between Beech Drive north and south roundabouts 654.9m	22	13	2016	15	1427	130,980.00	135,337.46	87,301.59	48,035.87	27.19%	13,062.89	34,972.98	9.15
74 On-road advisory Beech Drive - full length 1,266.0m	50			15	1427	5,064.00	5,232.47	-	5,232.47	27.19%	1,422.92	3,809.55	1.00
75 On-road advisory To Broken Head, from Clifford Street, via Broken Head Road and Beach Road 6,843.2m	31			15	1427	27,372.80	28,283.44	-	28,283.44	27.19%	7,691.41	20,592.03	5.39
76 Shared path From Broken Head Rd to Alcorn Street 683.9m	70	14	2016	15	1427	136,780.00	141,330.41	75,000.00	66,330.41	27.19%	18,037.91	48,292.50	12.64
77 Crossing facilities (not mapped) Broken Head Road between Beech Drive (north) and Clifford Street.	23			15	1427	10,000.00	10,332.68	-	10,332.68	27.19%	2,809.87	7,522.81	1.97
New footpath from Broken Head Road to Kalemajere Drive 420m				15	1427	79,800.00	82,454.79	-	82,454.79	27.19%	22,422.78	60,032.01	15.71
Internal Shared path to West Byron Development. Refer Draft West Byron DCP Prepared by Land Partners Approximately 5000m		NA	Progressive completion. Prior to release of subdivision certificate for each stage of the West Byron development	15	1427	1,150,000.00	1,188,258.32	-	1,188,258.32	100.00%	1,188,258.32	-	832.70
Byron Bay Suffolk Park Total						3,646,306.40	3,767,612.11	334,746.51	3,432,865.60		1,798,657.43	1,498,195.79	1,260.42

Bangalow
38 Shared path From 7 Byron Street to Bowling Club & extension on southern side to Ferros Village entry168.4m	2	7	2014	15	422	38,732.00	40,020.54	19,366.00	20,654.54	42.91%	8,861.94	11,792.60	21.00
39 Shared path Across Railway land from Station Street to Leslie Street / Rankin Drive 69.3m	62			15	422	15,939.00	16,469.26	-	16,469.26	42.91%	7,066.23	9,403.03	16.74
40 Shared path Lismore Road from Reading Bridge to Rifle Range Road 735m				15	422	139,650.00	144,295.89	-	144,295.89	42.91%	61,910.94	82,384.95	146.71
40 Shared path Lismore Road from Rifle Range Road to Dudgeons Lane, Industrial Estate 1078m	27	4	2041	15	422	277,547.00	286,780.46	37,375.39	249,405.07	42.91%	107,008.61	142,396.46	253.57
41 Shared path Rankin Drive to Sports Ground via Showground 440.6m	47			15	422	101,338.00	104,709.32	-	104,709.32	42.91%	44,926.11	59,783.21	106.46
42 Shared path Rifle Range Road from viaduct on Lismore Road to existing at Samson Street 376.1m	39	15	2017	15	422	86,503.00	89,380.79	43,251.50	46,129.29	42.91%	19,792.02	26,337.27	46.90
43 Shared path Raftons Road from Samson Street to Lismore Road via Leslie Street 649.4m	75	9	2014	15	422	149,362.00	154,330.99	74,681.00	79,649.99	42.91%	34,174.27	45,475.72	80.98
44 Shared path Byron Street from Snows Bridge to Ashton Street 56m	10			15	422	12,880.00	13,308.49	-	13,308.49	42.91%	5,710.08	7,598.41	13.53
45 On-road advisory From Byron & Ashton Streets to Lismore Rd at Readings Bridge via Deacon St 613.1m (or in another location as determined by Council)	48			15	422	141,013.00	145,704.23	-	145,704.23	42.91%	62,515.20	83,189.03	148.14
46 Shared path Tristania Street from Rifle Range Road to Sansom Street 168.6m	49			15	422	30,134.00	31,136.50	12,125.89	19,010.61	42.91%	8,156.61	10,854.00	19.33
Bangalow Total						993,098.00	1,026,136.47	186,799.78	839,336.69		360,122.01	479,214.68	853.36

Brunswick Heads
Tweed Street Masterplan Footpath and Bikeway Upgrades		10	2015	15	420	250,000.00	258,317.03	1,456.54	256,860.49	38.08%	97,814.65	159,045.84	232.89
33 Shared path Through Venture Park from Torakina car park to Surf Club.316.8m	36			15	420	72,864.00	75,288.05	-	75,288.05	38.08%	28,670.33	46,617.72	68.26
34 On-road advisory From Tweed Street via The Terrace to Park Street and to the southern side of Fingal Street to Banner Park 513.1m	32			15	420	118,013.00	121,939.07	-	121,939.07	38.08%	46,435.43	75,503.64	110.56
35 Shared path From Bayside Way through Crown Reserve to Sports Fields linking to facilities at Coastline Cycleway 273.9m	15			15	420	62,997.00	65,092.79	-	65,092.79	38.08%	24,787.89	40,304.90	59.02
36 Shared path From Kingsford Drive to Excelsior Circuit 192.1m	46			15	420	44,183.00	45,652.88	-	45,652.88	38.08%	17,385.00	28,267.88	41.39
37 On-road advisory Gulgan Road, from Mullumbimby Rd (at Uncle Toms) to east side of Pacific Highway (Brunswick South) interchange 2,451m	37			15	420	9,804.00	10,130.16	-	10,130.16	38.08%	3,857.65	6,272.51	9.18
Brunswick Heads Total						557,861.00	576,419.98	1,456.54	574,963.44		218,950.95	356,012.49	521.30

Shire Wide
Inspection Program for compliance with Disability access		2	2014	15	2,892	50,000.00	51,663.41	39,803.61	11,859.80	19.20%	2,276.88	9,582.92	0.79
Disability access ramps and footpaths upgrades (Refer Community Infrastructure 10 year works program)		3	Progressive expenditure from 2014	15	2,892	837,000.00	864,845.40	-	864,845.40	19.20%	166,035.77	698,809.63	57.41
79 On-road advisory Mullumbimby Road from Kings Creek Bridge to Gulgan Road 1,839m	14			15	2,892	7,356.00	7,600.72	-	7,600.72	19.20%	1,459.21	6,141.51	0.50
80 On-road advisory Gulgan Road from Mullumbimby Road (Uncle Toms) to Pacific Highway (south) to Tyagarah 2,203.40m	20			15	2,892	8,813.60	9,106.81	-	9,106.81	19.20%	1,748.35	7,358.46	0.60
81 On-road advisory Myocum Road from Ewingsdale Road to Coolamon Scenic Drive 12,137.90m	84			15	2,892	48,551.60	50,166.82	-	50,166.82	19.20%	9,631.19	40,535.63	3.33
86 Cyclist warning signs Coolamon Scenic Drive from Mullumbimby to Pacific Highway (north) 7,298.50m	16			15	2,892	5,000.00	5,166.34	-	5,166.34	19.20%	991.85	4,174.49	0.34
89 Shared path Federal Park - Pre-school to Roses Road (400m) 400m	82			15	2,892	92,000.00	95,060.67	-	95,060.67	19.20%	18,250.05	76,810.62	6.31
90 Shared path Federal Park - Roses Road, Cul de sac to Park Gateway 300m	77			15	2,892	69,000.00	71,295.50	-	71,295.50	19.20%	13,687.54	57,607.96	4.73
91 Village Centres	68			15	2,892	100,000.00	103,326.81	-	103,326.81	19.20%	19,837.01	83,489.80	6.86
Shire Wide Total						1,117,721.20	1,154,905.67	39,803.61	1,115,102.06		214,080.84	901,021.22	74.01

cid:image002.png@01CEB527.C8F11D80

Map 4.1 – Mullumbimby existing and potential cycleways

Map 4.2 – Ocean Shores North existing and potential cycleways

Map 4.3 – Ocean Shores South existing and potential cycleways

Map 4.4 – Brunswick Heads existing and potential cycleways

Map 4.5 – Brunswick Heads South existing and potential cycleways

Map 4.6 – Bangalow existing and potential cycleways

Map 4.7 – Ewingsdale existing and potential cycleways

Map 4.8 – Byron Bay West existing and potential cycleways

Map 4.9 – Byron Bay East existing and potential cycleways

Map 4.10 – Byron Bay South existing and potential cycleways

Map 4.11 – Suffolk Park existing and potential cycleways

Community Facilities Works Schedule

Facility	Priority for Pooling of Funds	Estimated Timing for completion of works	SDU in time frame	Cost of Works Indexed to 24 April 2014	S94 Funds bought forward (reconciliation from old plan)	Proportion of local Catchment use	Net cost of works	Apportionment (% attributable to new development)	Cost of works attributable to new development	Cost of Works Attributable to Council	Cost per SDU
			N	W	R	L	( W x L) - R	P			C
Byron Bay / Suffolk Park
Recoupment for Land acquisition for Byron Library PN: 239677	1	Completed	1,427	3,874,755.38	0.00	85%	3,293,542.07	27.19%	895,646.74	0.00	627.64
Recoupment for Construction & Approval of Byron Library (For costing refer doc #1121738) PN 239677. Excluding grants and special rate variation loans.	2	Completed	1,427	2,829,104.41	0.00	85%	2,404,738.75	27.19%	653,945.32	0.00	458.27
Ewingsdale Hall BBQ, tables and shelter adjacent to hall. PN 214900	3	2013	1,427	25,831.70		100%	25,831.70	100.00%	25,831.70	0.00	18.10
Ewingsdale Hall Kitchen expansion & upgraded to commercial standard PN 214900	6	2013	1,427	41,330.72	20,000.00	100%	21,330.72	100.00%	21,330.72	0.00	14.95
Suffolk Park Community Hall. Kitchen upgrade and hall expansion. PN 237911	4	2016	1,427	361,643.84	305,150.01	100%	56,493.83	27.19%	15,362.95	41,130.88	10.77
Suffolk Park Community Hall. New access ramp and accessible toilets. PN 237911	5	2013	1,427	87,827.79	50,000.00	100%	37,827.79	27.19%	10,286.90	27,540.89	7.21
Byron Bay / Suffolk Park Totals				7,220,493.84	375,150.01		5,839,764.86		1,622,404.33	68,671.77	1,136.94

Mullumbimby
Fit out of Youth Hub (refer Community Economic Development Strategy also Youth Strategy and Action Plan actions - various) Site to be determined.	6		333	100,000.00	0.00	100%	100,000.00	20.12%	20,120.88	79,879.12	60.42
Mullumbimby Drill Hall Tiered Seating PN: 35480	4		333	25,200.00	0.00	100%	25,200.00	100.00%	25,200.00	0.00	75.68
Mullumbimby Drill Hall Airconditioning and power upgrade PN: 35480	3		333	25,586.00	0.00	100%	25,586.00	20.12%	5,148.13	20,437.87	15.46
Sound Shell at Skate Park (refer Cultural Plan 1.2.e and Youth Strategy and Action Plan ) PN:238167	5		333	51,663.41	0.00	100%	51,663.41	20.12%	10,395.13	41,268.28	31.22
Mullumbimby CWA Hall (refer to Community Infrastructure 10 Year Plan)	2		333	25,831.70	0.00	100%	25,831.70	20.12%	5,197.56	20,634.14	15.61
Expenditure of existing funds on Civic Hall precinct. Works to include landscaping and Crime Prevention Through Environmental Design (CPTED) upgrades.	1		333	114,125.69	114,125.69	100%	0.00	20.12%	0.00	0.00	0.00
Mullumbimby Totals				342,406.80	114,125.69		228,281.11		66,061.70	162,219.41	198.39

Brunswick Heads
Sound Shell (refer Cultural Plan 1.2.e and Youth Strategy and Action Plan ) Location to be determined	3		420	51,663.41	0.00	100%	51,663.41	38.08%	19,673.86	31,989.55	46.84
Pilgrim Park Public toilets. Upgrade to toilet block utilising Crime Prevention through Environmental design (refer #1160588)	2		420	82,661.45	0.00	100%	82,661.45	38.08%	31,478.18	51,183.27	74.95
Brunswick Heads Memorial Hall. New Car Park and Accessibility Ramp. PN 24270	1		420	77,495.11	0.00	100%	77,495.11	38.08%	29,510.79	47,984.32	70.26
Brunswick Heads Totals				211,819.97	0.00		211,819.97		80,662.83	131,157.14	192.05

Bangalow
Bangalow A&I Hall Improvement Program PN:85440	1		422	346,558.12	31,764.50	100%	314,793.62	42.91%	135,063.93	179,729.69	320.06
Bangalow Totals				346,558.12	31,764.50		314,793.62		135,063.93	179,729.69	320.06

Ocean Shores / South Golden Beach
Ocean Shores Community Centre Improvements. PN: 121280	4		118	154,990.22	0.00	100%	154,990.22	100.00%	154,990.22	0.00	1,313.48
Waterlily Park Construct public toilets.	3	2016	118	150,000.00	0.00	100%	150,000.00	4.77%	7,158.46	142,841.54	60.66
Tom Kendall Oval Change Facilities. PN: 207250	2	2015	118	130,890.50	130,890.50	100%	0.00	4.77%	0.00	0.00	0.00
New covered decks at SGB Community Hall. Expenditure of funds collected from the old plan.	1	2014	118	134,458.29	134,458.29	100%	0.00	4.77%	0.00	0.00	0.00
Ocean Shores SGB Totals				570,339.01	265,348.78		304,990.22		162,148.68	142,841.54	1,374.14

Rural North
Future Community Facilities works to be identified. These funds are to be held in trust pending a further needs analysis and community consultation to identify new projects		Community Consultation and project scoping to occur in 2015	100	8,841.34	8,841.34	100%	0.00	4.77%	0.00	0.00	0.00
Rural North Totals				8,841.34	8,841.34		0.00		0.00	0.00	0.00

Rural South
Broken Head Hall Improvement Program. Upgrade external doors, disabled access ramp, disabled access toilet, storeroom, concrete path, covered deck & steps, new timber deck & steps at front entry, new awning over doors - eastern side, 22,000L tank, electrical upgrade and upgrade kitchen facilities. Expenditure from Old Plan.			72	113,446.16	113,446.16	0%	0.05	0.00%	0.00	0.00
Rural South Totals				113,446.16		$		$ -	0.00	0.00
Shire Wide
Recoupment for Land acquisition for Byron Library PN: 239677	3	Under construction	2,892	3,874,755.38	0.00	15%	581,213.31	19.20%	111,583.18	0.00	38.58
Library resources.	5	Paid annually to RTRL	2,892	31,193.33	0.00	100%	31,193.33	100.00%	31,193.33	0.00	10.79
Landfill Expansion. Refer #890668 Byron Waste Disposal Strategy for detailed description. PN 238899 & PN 91960 & PN 238898		Staged expansion in 5 year increments	2,892	13,432,485.32	0.00	100%	13,432,485.32	19.20%	2,578,811.26	10,853,674.06	891.71
Energy efficiency improvements at Cavanbah Sports Centre including but not limited to installation of a Solar Photo-Voltaic generation system, hot water and lighting improvements. (Expenditure of Existing Funds)	1		2,892	150,000.00	150,000.00	100%	0.00	19.20%	0.00	0.00	0.00
Implementation of works identified in the Mullumbimby Town Centre Master Plan. Being community Facilities works such as tourist information kiosks, art installations and public toilet upgrades.	6	Works to commence upon completion of the Mullumbimby Town Centre Master plan and after other priorities are completed.	2,892	200,000.00	200,000.00	100%	0.00	100.00%	0.00	0.00	0.00
Implementation of works identified in the Byron Bay Town Centre Master Plan. Being community Faculties works such as tourist information centres, art galleries, art installations and public toilets,	2	Progressive construction from 2015	2,892	1,100,000.00	501,662.11	100%	598,337.89	19.20%	114,870.81	483,467.08	39.72
Recoupment for Construction & Approval of Byron Library (For costing refer doc #1121738) PN 239677. Excluding grants and special rate variation loans.	4	Under construction	2,892	2,829,104.41	0.00	15%	424,365.66	19.20%	81,471.07	0.00	28.17
Shire Wide Total				21,617,538.44	851,662.11		15,067,595.51		2,917,929.65	11,337,141.14	1,008.97

Open Space and Recreation Works Schedule

Facility	Priority for Pooling of Funds	Estimated Timing for completion of works	SDU in time frame	Cost of Works Indexed to 24 April 2014	S94 Funds bought forward (reconciliation from old plan)	Proportion of local Catchment use	Net cost of works	Apportionment (% attributable to new development)	Cost of works attributable to new development	Cost of Works Attributable to Council	Cost per SDU
			N		R	L	( W x L) - R	P	[( W x L) - R] x P		C
Byron Bay/ Suffolk Park Catchment
Byron Regional Sport and Cultural Complex Stage 2 Skate Park. PN: 132490	4	2013	1427	185,988.26	-	100%	185,988.26	27.19%	50,577.70	135,410.56	35.44
All-abilities Playground (Cultural Plan 7.1.d Accessible playground facilities) Location to be determined pending further community consultation.	3	2013	1427	671,624.27	-	50%	335,812.14	27.19%	91,320.85	244,491.29	63.99
Byron Regional Sport and Cultural Complex Stage 2 Southern field lighting. PN: 132490	1		1427	154,990.22	-	75%	116,242.67	100.00%	116,242.67	-	81.46
Byron Regional Sport and Cultural Complex Stage 2 Grandstands. PN: 132490			1427	516,634.05	-	75%	387,475.54	100.00%	387,475.54	-	271.53
Byron Regional Sport and Cultural Complex Stage 2 MPF (2 additional courts) PN: 132490			1427	1,033,268.10	-	75%	774,951.08	100.00%	774,951.08	-	543.06
Byron Regional Sport and Cultural Complex Stage 2 Netball court lighting. PN: 132490			1427	464,970.65	-	75%	348,727.99	100.00%	348,727.99	-	244.38
Byron Regional Sport and Cultural Complex Stage 2 Southern Carpark. PN: 132490			1427	206,653.62	-	75%	154,990.22	100.00%	154,990.22	-	108.61
Byron Bay Gateway project in inclusive of tree plantings. Ewingsdale Road to Byron Bay No specific parcel numbers			1427	154,990.22	-	100%	154,990.22	27.19%	42,148.08	112,842.14	29.54
Enlarged public toilet facilities at Byron Bay Surf Club. PN: 238790			1427	103,326.81	12,480.69	50%	39,182.71	100.00%	39,182.71	-	27.46
West Byron Local Parks Acquisition (refer maps) various parcel numbers	-	Upon Lot release in stages	1427	1,115,929.55	-	100%	1,115,929.55	100.00%	1,115,929.55	-	782.01
West Byron Local Parks embellishment (refer maps) various parcel numbers	-	Upon Lot release in stages	1427	309,980.43	-	100%	309,980.43	100.00%	309,980.43	-	217.23
Clarkes Beach P/N 238790 play equipment & shade sail			1427	72,328.77	-	100%	72,328.77	100.00%	72,328.77	-	50.69
Apex Park Byron Bay P/N 238790 Infants play unit & shade sail			1427	36,164.38	-	100%	36,164.38	100.00%	36,164.38	-	25.34
Railway Park Byron Bay P/N 187200 Additional Play ground equipment/Sail			1427	22,731.90	-	100%	22,731.90	100.00%	22,731.90	-	15.93
Recreation Ground Byron Bay P/N177670 Additional Playground equipment/sail			1427	46,497.06	-	100%	46,497.06	100.00%	46,497.06	-	32.58
Gordon St Park P/N (classed road reserve at present) Play unit & sail			1427	30,998.04	-	100%	30,998.04	100.00%	30,998.04	-	21.72
Sunrise Beach Park P/N 112460 Play unit and Sail		2016	1427	41,330.72	-	100%	41,330.72	27.19%	11,239.49	30,091.23	7.88
Makellar St park P/N 122160 Play unit and sail		2016	1427	41,330.72	-	100%	41,330.72	27.19%	11,239.49	30,091.23	7.88
Pepperbush park P/N 103760 Play unit Expenditure from old Plan		2016	1427	22,731.90	-	100%	22,731.90	0.00%	-	22,731.90	-
Gaggin Park P/N 41330 Play Unit		2016	1427	43,397.26	-	100%	43,397.26	27.19%	11,801.46	31,595.80	8.27
Byron Bay Pool - Improvements (refer Community Infrastructure 10 Year Plan) PN: 187220			1427	131,225.05	-	100%	131,225.05	100.00%	131,225.05	-	91.96
Byron Bay Town centre upgrade Landscape Precinct Plan (refer to Community Infrastructure 10 year works plan) Refer map. Works to be carried out within mapped area. Works include: Footpath upgrades, landscaping, bicycle facilities, kerb and gutter works, drainage, benches, and street tree planting.	2	2013	1427	2,583,170.25	963,360.96	100%	1,619,809.29	100.00%	1,619,809.29	-	1,135.12
Railway Park exercise equipment. PN 187200		2016	1427	30,998.04	-	100%	30,998.04	27.19%	8,429.62	22,568.42	5.91
Playground equipment for Ewingsdale Park. PN 2320			1427	30,998.04	-	100%	30,998.04	27.19%	8,429.62	22,568.42	5.91
Exercise equipment. Apex Park. PN 238790		2016	1427	30,998.04	-	100%	30,998.04	27.19%	8,429.62	22,568.42	5.91
Design Costs for works at Suffolk Park PN 186840 Expenditure from Old Plan		2016	1427	30,000.00	30,000.00	100%	-	27.19%	-	-	-
Skate Park Upgrade at Suffolk Park PN 186840 Expenditure from Old Plan		2014	1427	50,000.00	50,000.00	100%	-	0.00%	-	-	-
Shade Structures and seating at Suffolk Park skate park. PN 186840 Expenditure from Old Plan		2014	1427	40,000.00	40,000.00	100%	-	0.00%	-	-	-
Upgrade Playground Equipment at Suffolk Park PN 186840		2013 Works completed	1427	200,000.00	200,000.00	100%	-	0.00%	-	-	-
Upgrade to toilet block, change rooms and canteen PN 186840 Expenditure from Old Plan		2014	1427	300,000.00	300,000.00	100%	-	0.00%	-	-	-
Extend Footpath and fix drainage PN 186840 Expenditure from Old Plan		2013 Works Completed	1427	20,000.00	20,000.00	100%	-	0.00%	-	-	-
Community Garden Suffolk Park (Location to be determined)		2015	1427	50,000.00	20,000.00	100%	30,000.00	0.00%	-	30,000.00	-
Additional seating and shade sails adjacent to sports field PN 186840 Expenditure from Old Plan		2015	1427	40,000.00	40,000.00	100%	-	0.00%	-	-	-
New Mini Sports Field at Suffolk Park (Expenditure from old Plan)		2015	1427	25,000.00	25,000.00	100%	-	0.00%	-	-	-
Bike Park (road rules instructional) at Suffolk Park (Location to be determined) Expenditure from Old Plan		2016	1427	350,000.00	350,000.00	100%	-	0.00%	-	-	-
Open Space Embellishment Works in Suffolk Park Further works to be determined after community consultation. Expenditure form old plan.		2015	1427	515,166.39	515,166.39	100%	-	0.00%	-	-	-
Improved Beach Access (One at Suffolk park and Byron Bay) Location to be determined. (refer 1998 Heads of Agreement between Council and the Arakwal People)			1427	40,000.00	-	100%	40,000.00	27.19%	10,877.61	29,122.39	7.62
Totals				9,743,422.74	2,566,008.04		6,195,810.02		5,461,728.22	734,081.80	3,827.43

Bangalow
Acquisition of 0.25ha of park for area 6 as mapped in Chapter 22 of DCP 2010. PN: 213520	-	Upon Lot release in stages	422	371,976.52	-	100%	371,976.52	100.00%	371,976.52	-	881.46
Embellishment of park in Area 6 as set out in Element 3.12 of Chapter 22 of DCP 2010. PN: 213520	-	Upon Lot release in stages	422	51,663.41	-	100%	51,663.41	100.00%	51,663.41	-	122.43
Acquisition of 0.25ha of park for area 7 as mapped in Chapter 22 of DCP 2010. PN 237920	-	Upon Lot release in stages	422	371,976.52	-	100%	371,976.52	100.00%	371,976.52	-	881.46
Embellishment of park in Area 7 as set out in Element 3.12 of Chapter 22 of DCP 2010. PN 237920	-	Upon Lot release in stages	422	51,663.41	-	100%	51,663.41	100.00%	51,663.41	-	122.43
Embellishment of existing park in Area 2 as set out in Element 3.12 of Chapter 22 of DCP 2010. PN:241499	-	Upon Lot release in stages	422	51,663.41	-	100%	51,663.41	100.00%	51,663.41	-	122.43
Embellishment of existing park in Area 3 as set out in Element 3.12 of Chapter 22 of DCP 2010. PN: 241499	-	Upon Lot release in stages	422	51,663.41	-	100%	51,663.41	100.00%	51,663.41	-	122.43
Landscaping for Bangalow Pool	6		422	41,330.72	-	80%	33,064.58	42.91%	14,186.54	18,878.04	33.62
Car parking for Bangalow pool	7		422	154,990.22	-	80%	123,992.18	42.91%	53,199.52	70,792.66	126.07
Pool Park Bangalow P/N 241425 Play Unit & sail			422	56,829.75	-	100%	56,829.75	100.00%	56,829.75	-	134.67
Palm estate Bangalow P/N 121740 Play equipment			422	36,164.38	-	100%	36,164.38	100.00%	36,164.38	-	85.70
Leopardwood Park P/N 230510 needs 2 shade sails			422	15,499.02	-	100%	15,499.02	100.00%	15,499.02	-	36.73
Bangalow Rec ground P/N 67730 Play equipment & shade sail			422	67,162.43	-	100%	67,162.43	100.00%	67,162.43	-	159.15
Park and landscaping upgrades on Parklands South of Deacon Street Bangalow (Multiple Parcel Numbers refer map)	8		422	60,000.00	-	100%	60,000.00	100.00%	60,000.00	-	142.18
Change Rooms / Amenities at Sports Fields. PN: 238382			422	258,317.03	-	75%	193,737.77	42.91%	83,124.25	110,613.52	196.98
Solar lighting around walking track PN 238382	3	2015	422	41,330.72	20,000.00	100%	21,330.72	42.91%	9,152.06	12,178.66	21.69
Construct new car park and access to sports fields to rectify encroachment on Bangalow Bowling Club Land.	4	2015	422	200,000.00	47,327.74	100%	152,672.26	42.91%	65,504.87	87,167.39	155.22
Skate Park at Bangalow Sports Fields. Expenditure from old plan.	2	Works to be completed 2014	422	164,200.00	164,200.00	100%	-	42.91%	-	-	-
Hard surface netball courts. (Land unknown) To be located somewhere within the Bangalow Catchment	5		422	250,000.00	-	75%	187,500.00	42.91%	80,447.90	107,052.10	190.63
Additional Sports Field lighting. PN: 238382 No further collection	1	Works Completed with Grant of 55,800	422	111,600.00	55,800.00	75%	-	42.91%	-	-	-
Totals				2,408,030.95	287,327.74		1,898,559.77		1,491,877.40	406,682.37	3,535.28

Mullumbimby
Mullumbimby Civic Centre precinct. Exercise Equipment. PN 18210	6	2016	333	41,330.72	20,000.00	100%	21,330.72	20.12%	4,291.93	17,038.79	12.89
Pine Ave sports ground P/N128960 Play equipment and shade sail			333	46,497.06	-	100%	46,497.06	100.00%	46,497.06	-	139.63
Heritage park Play equipment			333	56,829.75	-	100%	56,829.75	100.00%	56,829.75	-	170.66
Pool park P/N 35350 Play equipment and shade sail			333	46,497.06	-	100%	46,497.06	100.00%	46,497.06	-	139.63
Stuart Street Mullumbimby Road reserve Cultural/recreational precinct upgrade. Involves replacing a culvert, regrading the road and construction of a car park.	1	2013	333	309,980.43	260,918.08	100%	49,062.35	20.12%	9,871.77	39,190.58	29.64
Mullumbimby Pool Improvements (refer to Community Infrastructure 10 Year Plan) PN:35350	3	Progressive from 2013	333	161,189.82	112,433.05	100%	48,756.77	100.00%	48,756.77	-	146.42
Mullumbimby town Centre Master plan. (Existing budgeted staff wages cost to be used to fund Council share of the apportionment)	4	To be commenced upon completion of the Byron Bay Town Centre Master plan (2016-2017)	333	60,000.00	0.00	100%	60,000.00	20.12%	12,072.53	47,927.47	36.25
Implementation of Mullumbimby Town Centre Masterplan. Works include: Footpath upgrades, landscaping, bicycle facilities, kerb and gutter works, drainage, benches, street tree planting and landscaping.	5	Works to commence upon completion of the Mullumbimby Town Centre Master plan and after other priorities are completed.	333	100,000.00	0.00	80%	80,000.00	100.00%	80,000.00	0.00	240.24
Acquisition of Park in area 5 as identified in Chapter 11 of DCP 2010		Upon Lot release in stages	333	516,634.05	-	100%	516,634.05	100.00%	516,634.05	-	1,551.45
Embellishment of a Park as identified in Chapter 11 of DCP 2010	-	Upon Lot release in stages	333	51,663.41	-	100%	51,663.41	100.00%	51,663.41	-	155.15
Acquisition of sports fields as identified in Chapter 11 of DCP 2010	-	Upon Lot release in stages	333	3,099,804.31	-	75%	2,324,853.23	100.00%	2,324,853.23	-	6,981.54
Embellishment of sports fields as identified in Chapter 11 of DCP 2010	-	Upon Lot release in stages	333	867,945.21	-	75%	650,958.91	100.00%	650,958.91	-	1,954.83
Shade Structures at Lot 33 DP 1169053 Tallowood Estate	2	2014	333	32,000.00	-	100%	32,000.00	100.00%	32,000.00	-	96.10
Totals				5,390,371.82	393,351.13		3,985,083.31		3,880,926.47	104,156.84	11,654.43

Ocean Shores / South Golden Beach
Tom Kendal Park P/N 207250 Play equipment			118	36,164.38	-	100%	36,164.38	100.00%	36,164.38	-	306.48
SGB community centre P/N 201300 Play equipment & shade sail			118	41,330.72	-	100%	41,330.72	100.00%	41,330.72	-	350.26
Waterlily park P/N 63020 Play unit and Shade sail			118	30,998.04	-	100%	30,998.04	100.00%	30,998.04	-	262.70
Fern Beach P/N 227610 Play unit & sail			118	41,330.72	-	100%	41,330.72	100.00%	41,330.72	-	350.26
Sports fields Acquisition. Land unknown. To be located within Ocean Shores SGB catchment or in Rural North	1	2013	118	500,000.00	250,000.00	50%	-	4.77%	-	-	-
Sports fields Embellishment. Land unknown. To be located within Ocean Shores SGB catchment or in Rural North	2	2013	118	3,197,964.77	803,178.13	50%	795,804.26	4.77%	37,978.22	757,826.04	321.85
Total				3,847,788.63	1,053,178.13		945,628.12		187,802.08	757,826.04	1,591.55

Brunswick Heads
Acquisition of 4000 square meter park in Bayside. Lots not yet identified.	-	Upon Lot release in stages	420	371,976.52	-	100%	371,976.52	100.00%	371,976.52	-	885.66
Embellishment of new park in Bayside. Lots not yet identified.	-	Upon Lot release in stages	420	51,663.41	-	100%	51,663.41	100.00%	51,663.41	-	123.01
Terrace Park exercise equipment	2	2014	420	30,998.04	-	100%	30,998.04	38.08%	11,804.32	19,193.72	28.11
Tweed Street Masterplan Landscaping Upgrades. Multiple parcels refer map.	1	2016 or sooner if funds become available	420	774,951.08	60,585.66	100%	714,365.42	38.08%	272,036.40	442,329.02	647.71
Improved boat and kayak launching facilities. Riverfront Brunswick Heads			420	103,326.81	-	100%	103,326.81	38.08%	39,347.72	63,979.09	93.69
Upgrade Surf Club. PN:181600			420	258,317.03	5,429.76	75%	188,308.01	100.00%	188,308.01	-	448.35
Brunswick Rec ground P/N 238575 play equipment & shade sail			420	18,598.83	-	100%	18,598.83	100.00%	18,598.83	-	44.28
Bayside park P/N 203080 play equipment & shade sail			420	30,998.04	-	100%	30,998.04	100.00%	30,998.04	-	73.80
Totals				1,640,829.76	66,015.43		1,510,235.08		984,733.25	525,501.83	2,344.61

Rural South
Eureka Sport Field lighting PN 157230 (expenditure from Old plan)	1	2014	72	125,000.00	125,000.00	100%	-	4.76%	-	-	-
Totals				125,000.00	125,000.00		-		-	-	-

LGA Wide Facilities
Recoupment for Byron Regional Sport and Cultural Complex Loan Funds. (Total cost is $17,205,020 refer to #1187988 for full budget) PN: 132490	Refer local Priority	Complete	2,892	1,300,000.00	-	25%	325,000.00	19.20%	62,394.53		21.57
Byron Regional Sport and Cultural Complex Stage 2 All-abilities Playground (Cultural Plan 7.1.d Accessible playground facilities) PN: 132490	Refer local Priority		2,892	671,624.27	-	50%	335,812.14	19.20%	64,470.28	271,341.86	22.29
Byron Regional Sport and Cultural Complex Stage 2 Southern field lighting. PN: 132490	Refer local Priority		2,892	154,990.22	-	25%	38,747.56	100.00%	38,747.56	-	13.40
Byron Regional Sport and Cultural Complex Stage 2 Grandstands. PN: 132490	Refer local Priority		2,892	516,634.05	-	25%	129,158.51	100.00%	129,158.51	-	44.66
Byron Regional Sport and Cultural Complex Stage 2 MPF (2 additional courts) PN: 132490	Refer local Priority		2,892	1,033,268.10	-	25%	258,317.03	100.00%	258,317.03	-	89.32
Byron Regional Sport and Cultural Complex Stage 2 Netball court lighting. PN: 132490	Refer local Priority		2,892	464,970.65	-	25%	116,242.66	100.00%	116,242.66	-	40.19
Byron Regional Sport and Cultural Complex Stage 2 Southern Carpark. PN: 132490	Refer local Priority		2,892	206,653.62	-	25%	51,663.41	100.00%	51,663.41	-	17.86
Enlarged public toilet facilities at Byron Bay Surf Club. PN: 238790	Refer local Priority		2,892	103,326.81	-	50%	51,663.41	100.00%	51,663.41	-	17.86
Ocean Shores Sports fields Embellishment Land unknown. To be located within Ocean Shores SGB catchment or in Rural North	Refer local Priority		2,892	3,197,964.77	1,021,715.90	50%	577,266.49	19.20%	110,825.46	466,441.03	38.32
Sports fields Acquisition for Ocean Shores Catchment. Land unknown. To be located within Ocean Shores SGB catchment or in Rural North Expenditure from Old Plan	Refer local Priority		2,892	500,000.00	250,000.00	50%	-	19.20%	-	-	-
Upgrade Brunswick Heads Surf Club PN:181600	Refer local Priority		2,892	258,317.03	-	25%	64,579.26	100.00%	64,579.26	-	22.33
Bangalow Hard surface netball courts. Land unknown. To be located somewhere within the Bangalow Catchment	Refer local Priority		2,892	258,317.03	-	25%	64,579.26	19.20%	12,398.13	52,181.13	4.29
Bangalow Change Rooms / Amenities at Sports Fields. PN: 238382	Refer local Priority		2,892	258,317.03	-	25%	64,579.26	19.20%	12,398.13	52,181.13	4.29
Bangalow Additional Sports Field lighting	Refer local Priority	Works Completed with Grant of 55,800	2,892	111,600.00	-	25%	-	19.20%	-	-	-
Mullumbimby Acquisition of sports fields as identified in Chapter 11 of DCP 2010	Refer local Priority	Upon Lot release in stages	2,892	3,099,804.31	-	25%	774,951.08	100.00%	774,951.08	-	267.96
Landscaping for Bangalow Pool			2,892	41,330.72	-	20%	8,266.14	19.20%	1,586.96	6,679.18	0.55
Implementation of Mullumbimby Town Centre Masterplan. Works include: Footpath upgrades, landscaping, bicycle facilities, kerb and gutter works, drainage, benches, street tree planting and landscaping.	Refer local Priority	Works to commence upon completion of the Mullumbimby Town Centre Master plan and after other priorities are completed.	2,892	100,000.00	-	20%	20,000.00	100.00%	20,000.00	-	6.92
Car parking for Bangalow pool			2,892	154,990.22	-	20%	30,998.04	19.20%	5,951.10	25,046.94	2.06
Mullumbimby Embellishment of sports fields as identified in Chapter 11 of DCP 2010	Refer local Priority	Upon Lot release in stages	2,892	867,945.21	-	25%	216,986.30	100.00%	216,986.30	-	75.03
Totals				13,300,054	1,271,715.90		3,128,810.55		1,992,333.81	873,871.27	688.90

Urban and Rural Roads Works Schedule

Urban Roads

Facility	Priority for Pooling of Funds	Estimated Timing for works	Time Frame for collection (Years)		SDU in time frame	Cost of Works Indexed to 24 April 2014	S94 Funds bought forward (reconciliation from old plan)	Proportion of local Catchment use			Net cost of works (less from old plan reconciliation amount)	Apportionment (% attributable to new development)			Cost of works attributable to new development	Cost of Works Attributable to Council	Cost per SDU
					N		R	L			(W x L) - R	P					C
Byron Bay / Suffolk Park
Byron Bay bypass to Browning Street	1	2016	15		1427	8,467,270.45	2,500,000.00	80%			4,273,816.36		27.19%		1,162,222.80	3,111,593.56	814.45
Roundabout Ewingsdale Rd and Sunrise Blvd. To service West Byron	3	Completed based on scheduling of land release at West Byron	Completed based on scheduling of land release at West Byron		1427	2,066,536.20	-	80%			1,653,228.96		27.19%		449,579.54	1,203,649.42	315.05
Ewingsdale Road/ Bayshore Dr Roundabout	2	Completed based on scheduling of land release at West Byron	15		1427	3,099,804.31	450,000.00	80%			2,029,843.45		27.19%		551,996.19	1,477,847.26	386.82
Roundabout Ewingsdale Rd and McGettigans Lane	4		15		1427	2,066,536.20	-	80%			1,653,228.96		27.19%		449,579.54	1,203,649.42	315.05
Widen Middleton Street, between Marvel Street and Byron Street for two way traffic (Line item for expenditure)		Works Completed 2013	15		1427	125,000.00	125,000.00	100%			-		0.00%		-	-	-
Shirley Street Roundabout	10	2022	15		1427	1,120,821.39	-	100%			1,120,821.39	27.19%			304,796.48	816,024.91	213.59
Tennyson Street (extension through to Lawson)			15		1427	1,055,942.84	-	100%			1,055,942.84	27.19%			287,153.39	768,789.45	201.23
Jonson Street			15		1427	730,105.88	-	100%			730,105.88	27.19%			198,545.19	531,560.69	139.13
Town Centre Traffic Mgmt			15		1427	206,653.62	-	100%			206,653.62	100.00%			206,653.62	-	144.82
Traffic management strategy Byron Bay			15		1427	206,653.62	-	100%			206,653.62	100.00%			206,653.62	-	144.82
Intersection Upgrade on Broken Head Rd (Clifford Street). Type to be determined.	6	2013	15		1427	1,239,921.72	650,000.00	100%			589,921.72	27.19%			160,423.47	429,498.25	112.42
Broken Head Rd Improvements	5	2015	15		1427	981,604.70	625,536.62	100%			356,068.08	27.19%			96,829.25	259,238.83	67.86
Expenditure of Heavy Vehicle (Quarry) haulage funds on road reconstruction and maintenance		As Required			1427	691,217.88	691,217.88	100%			-	27.19%			-	-	-
Total						21,366,850.93	4,350,536.62				13,876,284.88				4,074,433.09	9,801,851.79	2,855.24

Mullumbimby
Left Bank/Jubilee intersection			15		333	30,661.78	20,000.00	100%		10,661.78		20.12%		2,145.24		8,516.54	6.44
Left Bank/Azalea St intersection	2	2015	15		333	51,663.41	25,000.00	100%		26,663.41		20.12%		5,364.91		21,298.50	16.11
Pine/Main Arm intersection	3	2015	15		333	63,101.05	30,000.00	100%		33,101.05		20.12%		6,660.22		26,440.83	20.00
Main Arm Road	1	2015	15		333	1,120,821.39	548,595.70	100%		572,225.69		20.12%		115,136.82		457,088.87	345.76
Additional car parking in Mullumbimby town centre (expenditure of s94 car parking funds)	NA	Works to be integrated with Town Centre Traffic Management				135,254.06	135,254.06	100%		-		20.12%		-		-	-
Town Centre Traffic Management inclusive of a traffic study. Implementation of Mullumbimby Town Centre Master Plan	4	Works to commence upon completion of the Mullumbimby Town Centre Master plan and after other priorities are completed.	15		333	200,000.00	-	100%		200,000.00		100.00%		200,000.00		-	600.60
Total						1,601,501.69	758,849.76			842,651.93				329,307.19		513,344.74	988.91

Brunswick Heads
Town Centre Traffic Mgmt	2		15	420		103,326.81		100%	103,326.81			100.00%		103,326.81		-	246.02
Tweed Street Masterplan Roadworks Upgrades	1	2020	15	420		2,066,536.20	78,471.38	100%	2,066,536.20			38.08%		786,954.47		1,279,581.73	1,873.70
South Beach Road	3		15	420		470,813.78		100%	470,813.78			38.08%		179,289.87		291,523.91	426.88
Total						2,640,676.79	78,471.38		2,640,676.79					1,069,571.15		1,571,105.64	2,546.60

Bangalow
Deacon Street on street carparking expansion (Expenditure of car parking funds)	1	2015		422		196,000.00	196,000.00	100%		-		0.00%			-	-	-
Town Centre Traffic Mgmt	6		15	422		103,326.81	-	100%		103,326.81		100.00%			103,326.81	-	244.85
Leslie St	4		15	422		78,209.57	50,000.00	100%		28,209.57		42.91%			12,103.47	16,106.10	28.68
Bangalow Road	3		15	422		394,937.07	250,000.00	100%		144,937.07		42.91%			62,186.04	82,751.03	147.36
Rifle Range Road Intersection	2	2015	15	422		495,968.69	400,000.00	100%		95,968.69		42.91%			41,175.89	54,792.80	97.57
Rifle Range Rd Railway Viaduct	5		15	422		1,151,705.35	217,857.38	100%		933,847.97		42.91%			400,672.59	533,175.38	949.46
Total						2,224,147.49	1,113,857.38			1,306,290.11					619,464.80	686,825.31	1,467.92

Shire Wide
Byron Bay bypass to Browning Street	Refer local Priority		15	2892		8,467,270.45	-	20%	1,693,454.09			19.20%		325,114.70		1,368,339.39	112.42
Roundabout Ewingsdale Rd and Sunrise Blvd. To service West Byron	Refer local Priority		15	2892		2,066,536.20	-	20%	413,307.24			19.20%		79,348.04		333,959.20	27.44
Ewingsdale Road/Bayshore Dr Roundabout	Refer local Priority		15	2892		3,099,804.31	-	20%	619,960.86			19.20%		119,022.06		500,938.80	41.16
Roundabout Ewingsdale Rd and McGettigans Lane	Refer local Priority		15	2892		2,066,536.20	-	20%	413,307.24			19.20%		79,348.04		333,959.20	27.44
Total						15,700,147.16	-		3,140,029.43					602,832.84		2,537,196.59	208.46

Rural Roads
Blind Mouth Creek Causeway (refer Council report # 1160407)	1	2013	15		172	981,604.70	379,694.01	100%			601,910.69	4.78%			28,742.14	573,168.55	167.11
Main Arm Road Upper Main Arm	2	2013	15		172	206,653.62	-	100%			206,653.62	4.78%			9,868.02	196,785.60	57.37
Federal Rd Federal			15		172	584,397.62	-	100%			584,397.62	4.78%			27,905.87	556,491.75	162.24
Federal Dr Eureka Expenditure form old plan		2013 Works Completed	15		172	100,000.00	100,000.00	100%			-	0.00%			-	-	-
Binna Burra Rd Expenditure from Old Plan		2013 Works Completed	15		172	200,000.00	200,000.00	100%			-	0.00%			-	-	-
Intersection Wilfred Street and Brunswick Street Billinudgel	4	2017	15		172	258,317.03	-	100%			258,317.03	100.00%			258,317.03	-	1,501.84
Left Bank Road Mullumbimby (Upgrade)	3	2016	15		172	516,634.05	-	100%			516,634.05	100.00%			516,634.05	-	3,003.69
The Pocket Road upgrade from Skyline Road West	5	2018	15		172	774,951.08	-	100%			774,951.08	100.00%			774,951.08	-	4,505.53
Upgrade of Skinners Shoot Road south of Yagers Lane.	NA	2015	NA		172	16,000.00	16,000.00	100%			-	100.00%			-	-	-
Greys Lane, Tyagarah. Concrete upgrade across flood zone	6	2020	15		172	361,643.84	-	100%			361,643.84	100.00%			361,643.84	-	2,102.58
Mudges Quarry. Road Maintenance expenditure from old plan		Maintenance expenditure as required			172	11,591.11	11,591.11	100%			-	100.00%			-	-	-
Leela Quarry Road Maintenance Expenditure from old plan		Maintenance expenditure as required			172	3,308.78	3,308.78	100%			-	100.00%			-	-	-
Myocum Quarry (Council) Road maintenance Expenditure from old plan		Maintenance expenditure as required			172	42,546.08	42,546.08	100%			-	100.00%			-	-	-
Myocum Road, Myocum / Ewingsdale	7	2022	15		172	361,643.84	-	100%			361,643.84	100.00%			361,643.84	-	2,102.58
Total						4,419,291.75	753,139.98				3,666,151.77				2,339,705.87	1,326,445.90	13,602.94

Part B – Section 7.12 Developer Contributions Plan

Section 1 – Summary schedules

The works schedule identifies the public facilities for which section 7.12 levies will be required. Schedule 1 identifies the works schedule adopted in [year to be inserted] and a summary of the expenditure on the respective items.

Levies paid to council will be applied towards meeting the cost of provision or augmentation of new public facilities. Schedule 1 provides a summary of new public facilities, which will be provided by council over the next 10 years, as well as the estimated cost of provision and timing.

Section 2 – Expected development and demand for public facilities

The relationship between expected development and the demand is established through the increase in demand for public facilities created by:

· Commercial development

· Industrial development

· Increasing tourist numbers including day trip visitors

· Other non residential development

Administration and operation of the plan

This development contributions plan is called the Byron Shire Section 7.12 Development Contributions Plan 2012.

Application of this plan

This plan applies to all land within the local government area as shown on the Map 2.1 of the section 7.11 plan.

This development contributions plan applies to all non residential development including commercial, retail and other employment based development, or non residential development or subdivision, including mixed use that would create a demand for public amenities and services where the proposed cost of carrying out the development is greater than $100,000.

The rates for different types of development are set out below:

When does this development contributions plan commence?

This contributions plan commences on the date of [Insert date of notification]

What is the purpose of this contributions plan?

The primary purposes of this contributions plan are:

· to authorise the imposition of a condition on certain development consents and complying development certificates requiring the payment of a contribution pursuant to section 7.12 of the Environmental Planning and Assessment Act 1979;

· to assist the council to provide the appropriate public facilities which are required to maintain and enhance amenity and service delivery within the area;

· to publicly identify the purposes for which the levies are required.

Are there any exemptions to the levy?

The levy will not be imposed in respect of development:

(a) Where the proposed cost of carrying out the development is $100,000 or less; or

· for the purpose of disabled access; or

· for the sole purpose of providing affordable housing; or

· for the purpose of reducing a building’s use of potable water (where supplied from water mains) or energy; or

· for the sole purpose of the adaptive reuse of an item of environmental heritage; or

· for residential development.

(b) Where a development proposal contains both a residential component and a non-residential component, then Council will calculate the levy for the residential component under the adopted section 7.11 plan and the levy for the non-residential component under this section 7.12 plan. The levy finally imposed on the development consent will be which ever the greater amount is.

Pooling of levies

This plan expressly authorises section 7.12 levies paid for different purposes to be pooled and applied (progressively or otherwise) for those purposes. The priorities for the expenditure of the levies are shown in the works schedule.

Construction certificates and the obligation of accredited certifiers

In accordance with clause 146 of the EP&A Regulation 2000, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of levies has been satisfied.

In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that levies have been fully paid and copies of such receipts must be included with copies of the

certified plans provided to the council in accordance with clause 142(2) of the of the EP&A Regulation. Failure to follow this procedure may render such a certificate invalid.

The only exceptions to the requirement are where a works in kind, material public benefit, dedication of land or deferred payment arrangement has been agreed by the council. In such

cases, council will issue a letter confirming that an alternative payment method has been agreed with the applicant.

How will the levy be calculated?

The levy will be determined on the basis of the rate as set out in summary schedule. The levy will be calculated as follows:

Levy payable = %C x $C

Where: %C is the levy rate applicable as set out in the latest Ministerial Direction issues under section 7.17.

$C is the proposed cost of carrying out the development.

The rate of %C at the date of adoption is:

Proposed cost of the development	Maximum percentage of the levy
Up to $100,000	Nil
$100,001–$200,000	0.5 percent
More than $200,000	1.0 percent

The proposed cost of carrying out the development will be determined in accordance with clause 25J of the EP&A Regulation. The procedures set out in Schedule 1 to this plan must be followed to enable Council to determine the amount of the levy to be paid.

The value of the works must be provided by the Applicant at the time of the request and where the value exceeds $500,000 must be independently certified by a Quantity Surveyor who is registered as an Associate member or above with the Australian Institute of Quantity Surveyors.

Without limitation to the above, Council may review the valuation of works and may seek the services of an independent person to verify the costs. In these cases, all costs associated with obtaining such advice will be at the expense of the Applicant and no Construction Certificate will be issued until such time that the levy has been paid.

How will the levy be adjusted?

Pursuant to clause 25J(4) of the Regulation, the proposed cost of carrying out development is to be indexed before payment to reflect quarterly variations in the Consumer Price Index All Group Index Number for the weighted average of eight capital cities between the date the proposed cost was determined by the Council and the date the levy is paid.

Contributions requested, as a condition of consent under the provisions of this Plan will be adjusted at the time of payment of the contribution in accordance with the following formula:

Contribution at time of payment = 1% x IDC

Where IDC = the indexed development cost

= ODC x (CP2-CP1)/CP1

Where: ODC = the original development cost estimated by the Council

CP2 = the current CPI at the date the levy is paid

CP1 = the previous CPI at the date the original development cost was estimated by the Council.

CPI = Consumer Price Index All Group Index Number for weighted average of eight capital cities as published by the Australian Bureau of Statistics

Note: In the event that the Current index CP2 is less than the previous index CP1, then the previous development cost and levy shall apply.

When is the levy payable?

A levy must by paid to the council at the time specified in the condition that imposes the levy. If no such time is specified, the levy must be paid prior to the issue of a construction certificate or complying development certificate.

Can deferred or periodic payments be made?

Deferred or periodic payments may be permitted in the following circumstances:

· deferred or periodic payment of the contribution will not prejudice the timing or the manner of the provision of public facilities included in the works program,

· in other circumstances considered reasonable by council.

If council does decide to accept deferred or periodic payment, council may require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on condition that:

· the bank guarantee be by a bank for the amount of the total contribution, or the amount of the outstanding contribution, plus an amount equal to thirteen (13) months interest plus any charges associated with establishing or operating the bank security;

· the bank unconditionally pays the guaranteed sum to the council if the council so demands in writing not earlier than 12 months from the provision of the guarantee or completion of the work

· the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development

· the bank's obligations are discharged when payment to the council is made in accordance with this guarantee or when council notifies the bank in writing that the guarantee is no longer required

· where a bank guarantee has been deposited with council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid.

Savings and Transitional Agreements

Part D – Schedule 2 and Schedule 3 - Cost Summary Reports

Procedure

An Application for a Construction Certificate or an application for a complying development certificate must be accompanied by a report setting out an estimate of the proposed cost of carrying out development prepared as follows:

· Where the estimated cost of carrying out the whole of the development as approved by the consent is $500,000 or less - a cost summary report in accordance with Schedule 1;

· Where the estimated cost of carrying out the whole of the development as approved by the consent is more than $500,000 - A Quantity Surveyor’s Detailed Cost Report, completed by a Quantity Surveyor who is a registered Associate member or above of the Australian Institute of Quantity Surveyors, in accordance with Schedule 2.

Section 25J of the Environmental Planning and Assessment Act 1979 sets out the things that are included in the estimation of the construction costs by adding up all the costs and expenses that have been or are to be incurred by the Applicant in carrying out the development, including but not limited to the following:

(a) if the development involves the erection of a building, or the carrying out of engineering or construction work—the costs of or incidental to erecting the building, or carrying out the work, including the costs (if any) of and incidental to demolition, excavation and site preparation, decontamination or remediation;

(b) if the development involves a change of use of land—the costs of or incidental to doing anything necessary to enable the use of the land to be changed.

SCHEDULE 1

Cost Summary Report

[Development Cost not greater than $500,000]

DA /CC/CDC No.........................................................................................................................

DATE:..........................................................................................................................................

APPLICANT’S NAME:................................................................................................................

APPLICANT’S ADDRESS:.........................................................................................................

DEVELOPMENT DETAILS:.......................................................................................................

DEVELOPMENT ADDRESS:....................................................................................................

ANALYSIS OF DEVELOPMENT COSTS:

Demolition and alterations	$	Hydraulic services	$
Structure	$	Mechanical services	$
External walls, windows and doors	$	Fire services	$
Internal walls, screens and doors	$	Lift services	$
Wall finishes	$	External works	$
Floor finishes	$	External services	$
Ceiling finishes	$	Other related work	$
Fittings and equipment	$	Sub-total	$

Sub-total above carried forward	$
Preliminaries and margin	$
Sub-total	$
Consultant Fees	$
Other related development costs	$
Sub-total	$
Goods and Services Tax	$
TOTAL DEVELOPMENT COST	$

I certify that I have:

· inspected the plans the subject of the application for development consent or construction certificate.

· calculated the development costs in accordance with the definition of development costs in clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices.

· included GST in the calculation of development cost.

Signed: .........................................................................................................................................

Date: ..............................................................................................................................................

Name: ...........................................................................................................................................

Phone: ..........................................................................................................................................

Position and Qualifications: .....................................................................................................

Address: .......................................................................................................................................

SCHEDULE 2

Cost Summary Report

[Development Cost greater than $500,000]

DA /CC/CDC No.........................................................................................................................

DATE:..........................................................................................................................................

APPLICANT’S NAME:................................................................................................................

APPLICANT’S ADDRESS:.........................................................................................................

DEVELOPMENT DETAILS:.......................................................................................................

DEVELOPMENT ADDRESS:....................................................................................................

ANALYSIS OF DEVELOPMENT COSTS:

Gross Floor Area – Commercial	m²	Gross Floor Area – Other	m²
Gross Floor Area – Retail	m²	Total Gross Floor Area	m²
Gross Floor Area – Car Parking	m²	Total Site Area	m²
Total Development Cost	$	Total Car Parking - Spaces
Total Construction Cost	$
Total GST	$

I certify that I have:

· inspected the plans the subject of the application for development consent or construction certificate.

· calculated the development costs in accordance with the definition of development costs in clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices.

· included GST in the calculation of development cost.

Signed: .........................................................................................................................................

Date: ..............................................................................................................................................

Name: ...........................................................................................................................................

Phone: ..........................................................................................................................................

Position and Qualifications: .....................................................................................................

Address: .......................................................................................................................................

[1] Clause 4.1 of the Code of Conduct 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 clause 4.6 of the Code of Conduct.

[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 clause 4.3 of the Code of Conduct has a proprietary interest.

Pecuniary interest
Address of the affected principal place of residence of the councillor or an associated person, company or body (the identified land)
Relationship of identified land to the councillor [Tick or cross one box.]	The Councillor has interest in the land (e.g. is owner or has another interest arising out of a mortgage, lease, trust, option or contract, or otherwise). An associated person of the councillor has an interest in the land. An associated company or body of the councillor has an interest in the land.
Matter giving rise to pecuniary interest^{^[1]}
Nature of the land that is subject to a change in zone/planning control by the 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 or associated person [Insert one of the following: “Appreciable financial gain” or “Appreciable financial loss”]

Facility	Number of SDU	Cost of Works Indexed to 24 April 2014	S94 Funds bought forward (reconciliation from old plan)	Net cost of works (less from old plan reconciliation amount)	Apportionment (% attributable to new development)	Cost of works attributable to new development	Cost of Works Attributable to Council	Cost per SDU
	N	W	R	L	P			C

Staff Costs (Planner, Admin & Accountant)	2,892	3,099,804.31	311,277.53	2,788,526.78	100%	2,788,526.78	0.00	964.22
Consultants	2,892	232,485.32	0.00	225,000.00	100%	225,000.00	0.00	77.80
		3,332,289.63	311,277.53	3,013,526.78		3,013,526.78	0.00	1,042.02

Objective: 3:	We protect and enhance our natural environment
Strategy 3.1:	Partner to protect and enhance our biodiversity, ecosystems and ecology
Action 3.1.1	Protect and enhance our natural environment and biodiversity
Activity: 3.1.1.2	Continue to undertake the Biodiversity Strategy review