Ordinary (Planning)
Meeting Minutes
17 October 2019
MINUTES OF THE BYRON
SHIRE COUNCIL Ordinary (Planning)
Meeting HELD ON Thursday, 17 October 2019 COMMENCING AT 11.03AM AND CONCLUDING AT 2:50PM
I2019/1637
PRESENT: Cr
S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter,
Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark
Arnold (General Manager)
Vanessa
Adams (Director Corporate and Community Services)
Phil
Holloway (Director Infrastructure Services)
Shannon
Burt (Director Sustainable Environment and Economy)
Ralph
James (Legal Counsel)
Mila
Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that
the meeting is being held on Arakwal Country and that we pay our respects to
the elders past and present and extend our respect to the Bundjalung clans
whose lands and waters are part of the Shire.
Public
Access
Prior to dealing with the circulated reports and associated
information, a Public Access Session was held and Council was addressed on the
following items.
Cr Lyon left the chamber at 11.06am in accordance with
his pecuniary interest in Report 13.3 and returned at 11.12am following the
submission on this report. He then left at 11.27am in accordance with his
pecuniary interest in Report 13.7 and returned at 11.35am following the
submission on this report.
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Report
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For/
Against
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Name
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Representing Organisation
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13.3
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PLANNING - Development Application 10.2019.375.1 Alterations
and Additions to Existing Commercial Development Including Expanded Outdoor
Dining Area Associated with Existing Restaurant 1 Porter Street Byron Bay
(Habitat)
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Against
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David Dixon
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Strata Committee of Bayshore Apartments
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13.4
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PLANNING S8.2 Review - Use of unauthorised additions
to existing dual occupancy (conversion of garage to bedroom), car parking and
tree removal at 3 Comet Close Byron Bay.
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Against
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Michael O'Grady
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13.5
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PLANNING - Development Application 10.2019.146.1
Alterations and Additions to existing Child Care Centre including increase in
enrolment numbers to Fifty (50) Children and Tree Removal at 49 Bottlebrush
Crescent Suffolk Park
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For
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Nicole Caves
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13.6
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PLANNING - Development Application 10.2019.60.1 New
Subdivision - Boundary Adjustment to create Two (2) Lots at 148 Woodford Lane
Ewingsdale
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For
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Tarnya Smith
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13.7
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PLANNING
- Development Application 10.2019.158.1 Agricultural Produce Industry
including Use of Existing Wind Turbine and Ancillary Rural Infrastructure and
Roadside Stall at 219 The Saddle Road Brunswick Heads
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For
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Matthew O’Reilly
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13.9
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Biodiversity Conservation Strategy Vision and Aims
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Against
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Duncan Dey on behalf of Jan Barham
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Submission
No. 1 The Stop Adani movement in Byron Shire
Kathryn McConnochie made a submission to Council regarding the
Stop Adani Movement in Byron Shire.
Question
No. 1 Contract with GHD
Kathryn McConnochie asked the following question:
On behalf of Stop Adani Byron Shire and hundreds of our
members, I am asking: Did the original contract with GHD include the Referral
to the Commonwealth Department of Environment and Energy or was the engagement
to undertake the referral a new service under the existing contract? Will
Council make public the scope of the work to be carried out in their original
contract with GHD? Will Council please inform the community of the date that
GHD was requested to undertake the referral?
The Director Infrastructure Services advised that:
It is our view that the preparation of the referral to
the Department of Environment and Energy (DoEE) by consultants GHD was not a
new service but an extension of their engagement for the Environmental
Assessment of the Bypass Project.
The engagement included a range of assessments which also
included the consideration of the Environment Protection and Biodiversity
Conservation Act.
Referral to the DoEE was not considered necessary in the
first instance, but due to recent representations to DoEE and outcomes and
findings associated with compliance with the project consent conditions, stage
2 of the project has now been referred.
The meeting adjourned at 11.45am and reconvened at 12.03pm.
Apologies
There were no apologies.
Requests
for Leave of Absence
There
were no requests for leave of absence
Declarations
of Interest – Pecuniary and Non-Pecuniary
Cr Lyon declared a pecuniary interest in Report 13.3. The
nature of the interest being that the person associated with the application
was a donor to the federal campaign. Cr Lyon elected to leave the Chamber
and will not participate in discussion and the vote.
Cr Spooner declared a non-pecuniary interest in Report 13.3.
The nature of the interest being that he knows people associated with this
development. Cr Spooner elected to remain in the Chamber and will participate
in discussion and the vote.
Cr Lyon declared a pecuniary interest in Report 13.7. The
nature of the interest being that the person associated with this application
was a donor to the federal campaign. Cr Lyon elected to leave the Chamber and will
not participate in discussion and the vote.
Cr Lyon declared a pecuniary interest in Report 13.8. The
nature of the interest being that he is the applicant. Cr Lyon elected to leave
the Chamber and will not participate in discussion and the vote.
Cr Martin declared a pecuniary interest in Report 13.10. The
nature of the interest being that she has submitted a development application
for a secondary dwelling to Council. Cr Martin elected to leave the Chamber and
will not participate in discussion and the vote.
Cr Cameron declared a pecuniary interest in Report 13.10.
The nature of the interest being that there is a possibility of an application
for a secondary dwelling. Cr Cameron elected to leave the Chamber and will not
participate in discussion and the vote.
Tabling of Pecuniary Interest
Returns
In accordance with the clause 4.9 of the Code of Conduct,
Annual Interest Returns of Councillors and Designated Staff were tabled.
Adoption
of Minutes from Previous Meetings
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19-505
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Resolved that
the minutes of the Ordinary (Planning) Meeting held 19 September 2019 be
confirmed. (Spooner/Hackett)
The motion was put to the vote and declared carried.
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Reservation
of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be
reserved for debate, being:
Staff Reports
Sustainable Environment and Economy
Report
No. 13.3 PLANNING - Development Application
10.2019.375.1 Alterations and Additions to Existing Commercial Development
Including Expanded Outdoor Dining Area Associated with Existing Restaurant 1
Porter Street Byron Bay (Habitat)
Report
No. 13.6 PLANNING - Development Application
10.2019.60.1 New Subdivision - Boundary Adjustment to create Two (2) Lots at
148 Woodford Lane Ewingsdale
Report
No. 13.9 Biodiversity Conservation Strategy
Vision and Aims
Infrastructure Services
Report No. 13.10 Amendment 4 of
Byron Developer Contributions Plan Removal of Waiver for Secondary Dwellings
The remaining Recommendations
and Committee Recommendation were adopted as a whole, being moved by Cr
Richardson and seconded by Cr Ndiaye. Each recommendation is recorded with a
separate resolution number commencing at Resolution No. 19-446 and concluding
with Resolution No. 19-451.
Cr Lyon left the chamber for the vote at 12.10pm in
accordance with his pecuniary interests in Reports 13.3, 13.7 and 13.8 and
returned at 12.12pm.
Staff
Reports - Sustainable Environment and Economy
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Report No. 13.1 PLANNING
- Minor Local Environmental Plan Amendments Housekeeping Planning Proposal -
Submissions Report 26.2017.1.1
File No: I2019/1192
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19-506
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Resolved:
1. That
Council forward the planning proposal to amend Byron LEP 2014, as exhibited
and included in Attachment 1 (E2019/45986), to NSW Parliamentary
Counsel’s Office requesting that a draft LEP instrument be prepared.
2. That
Council liaise with Parliamentary Counsel’s Office (PCO) as necessary
to finalise the content of the draft LEP and to enable PCO to issue an
Opinion that the plan can be made.
3. That
Council make the draft LEP under delegated authority and forward the plan to
the NSW Department of Planning, Industry and Environment for notification on
the NSW Government legislation website. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
Crs Coorey,
Martin, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in
favour of the motion.
No Councillors
voted against the motion.
Cr Lyon was not
present for the vote.
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Report No. 13.2 PLANNING
- Development Application 10.2019.126.1 – Subdivision: Two (2) Lots at
37 Granuaille Road Bangalow
File No: I2019/1210
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19-507
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Resolved that pursuant to Section 4.16 of the Environmental Planning &
Assessment Act 1979, Development Application no. 10.2019.126.1
for subdivision: two (2) lots, be granted consent subject to the attached
conditions (#E2019/71153). (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
Crs Coorey,
Martin, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in
favour of the motion.
No Councillors
voted against the motion.
Cr Lyon was not
present for the vote.
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Report No. 13.4 PLANNING
S8.2 Review - Use of unauthorised additions to existing dual occupancy
(conversion of garage to bedroom), car parking and tree removal at 3 Comet
Close Byron Bay.
File No: I2019/1464
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19-508
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Resolved:
1. That
Council reaffirm the determination (refusal) of DA10.2019.220.1 dated 27 June
2019 for Use of Unauthorised Additions to Existing Dual Occupancy Dwelling
(Conversion of Garage to Bedroom), Carparking and Tree Relocation, at 3 Comet
Close, Byron Bay.
2. That
Council reissue the determination notice (refusal) of DA10.2019.220.1 dated
27 June 2019 for Use of Unauthorised Additions to Existing Dual Occupancy
Dwelling (Conversion of Garage to Bedroom), Carparking and Tree Relocation,
at 3 Comet Close, Byron Bay.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
Crs Coorey,
Martin, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in
favour of the motion.
No Councillors
voted against the motion.
Cr Lyon was not
present for the vote.
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Report No. 13.5 PLANNING
- Development Application 10.2019.146.1 Alterations and Additions to existing
Child Care Centre including increase in enrolment numbers to Fifty (50)
Children and Tree Removal at 49 Bottlebrush Crescent Suffolk Park
File No: I2019/1487
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19-509
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Resolved that pursuant to Section 4.16 of the Environmental
Planning & Assessment Act 1979, development application 10.2019.146.1 for Alterations and Additions to Existing
Child Care Centre including Increase in Enrolment Numbers to Fifty (50)
Children and Tree Removal, be granted consent subject to the conditions
listed in Attachment 2 (#E2019/72455).
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
Crs Coorey,
Martin, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in
favour of the motion.
No Councillors
voted against the motion.
Cr Lyon was not present
for the vote.
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Report No. 13.7 PLANNING
- Development Application 10.2019.158.1 Agricultural Produce Industry
including Use of Existing Wind Turbine and Ancillary Rural Infrastructure and
Roadside Stall at 219 The Saddle Road Brunswick Heads
File No: I2019/1518
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Cr Lyon left the chamber in accordance with his pecuniary
interest in this report.
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19-510
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Resolved that pursuant to Section 4.16 of
the Environmental Planning & Assessment Act 1979, development application
10.2019.158.1 for mixed use development including intensive plant agriculture,
agriculture structures (wind turbine, water tank, stockyards, and farm dam),
stormwater management system, agricultural produce industry, wholesale plant
nursery, wholesale landscaping supplies, garden centre, roadside stall,
business identification sign, and extractive industry be granted consent
subject to the following conditions listed in #E2019/76285.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
Crs Coorey,
Martin, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in
favour of the motion.
No Councillors
voted against the motion.
Cr Lyon was not
present for the vote.
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Report No. 13.8 PLANNING
- Development Application 10.2019.468.1 Alterations and Additions to Existing
Dwelling House at 860 The Pocket Road The Pocket
File No: I2019/1519
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Cr Lyon left the chamber in accordance with his pecuniary
interest in this report.
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19-511
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Resolved that pursuant
to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development
Application No. 10.2019.468.1 for Alterations and Additions to Existing
Dwelling House, be granted consent subject to the conditions of approval in
Attachment 3 (#E2019/71995).
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
Crs Coorey,
Martin, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in
favour of the motion.
No Councillors
voted against the motion.
Cr Lyon was not
present for the vote.
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Procedural Motion
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19-512
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Resolved that Council change the order of business to deal
with Reports 13.3, 13.6 and 13.9 next on the Agenda. (Richardson/Ndiaye)
The motion was put to the vote and declared carried.
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Staff Reports - Sustainable
Environment and Economy
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Report No. 13.3 PLANNING
- Development Application 10.2019.375.1 Alterations and Additions to Existing
Commercial Development Including Expanded Outdoor Dining Area Associated with
Existing Restaurant 1 Porter Street Byron Bay (Habitat)
File No: I2019/1425
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Cr Lyon left the chamber in accordance with his pecuniary
interest in this report. Cr Spooner remained in the chamber in accordance
with his non-pecuniary interest in this report.
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19-513
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Resolved that
Development Application 10.2019.375.1 Alterations and Additions to Existing
Commercial Development Including Expanded Outdoor Dining Area Associated with
Existing Restaurant 1 Porter Street Byron Bay (Habitat) be deferred to enable
further staff consideration of the proposal, with a report back to Council at
the next available Council (Planning) Meeting . (Hunter/Ndiaye)
The motion was put
to the vote and declared carried.
Crs Coorey,
Martin, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in
favour of the motion.
No Councillors
voted against the motion.
Cr Lyon was not
present for the vote.
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Report No. 13.6 PLANNING
- Development Application 10.2019.60.1 New Subdivision - Boundary Adjustment
to create Two (2) Lots at 148 Woodford Lane Ewingsdale
File No: I2019/1492
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Moved that, pursuant to Section 4.16 of the Environmental
Planning & Assessment Act 1979, Development Application no. 10.2019.60.1 for new subdivision - boundary adjustment to
create two (2) lots, be deferred in order to have a report from the
Agricultural Liaison Officer to clarify the viability of the current small
lot size for agricultural purposes and the necessity of expanding the larger
lot size. (Richardson/Coorey)
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Procedural Motion
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19-514
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Resolved that Cr Richardson be granted a one minute
extension to his speech. (Ndiaye/Lyon)
The motion was put to the vote and declared carried.
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AMENDMENT
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19-515
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Resolved that, pursuant to Section 4.16 of the
Environmental Planning & Assessment Act 1979, Development Application no.
10.2019.60.1 for new subdivision -
boundary adjustment to create two (2) lots, be granted consent subject to the
recommended conditions of consent in Attachment 2 (#E2019/70624). (Spooner/Hunter)
The amendment was put to the vote and declared carried.
Crs Lyon, Ndiaye, Cameron, Spooner and Hunter voted in
favour of the amendment.
Crs Coorey, Martin, Richardson and Hackett voted
against the amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
Crs Lyon, Ndiaye, Cameron, Spooner and Hunter voted in
favour of the motion.
Crs Coorey, Martin, Richardson and Hackett voted
against the motion.
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Report No. 13.9 Biodiversity
Conservation Strategy Vision and Aims
File No: I2019/1520
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Moved:
1. That
Council adopts the following vision for the revised Biodiversity Conservation
Strategy:
Biodiversity is a
priority issue in Byron Shire . Biodiversity is valued, protected
and enhanced, through inspiring leadership, community engagement, urgent
action and innovation and that Biodiversity considerations are
integrated through all activities of Council.
2. That Council adopts the
four Biodiversity Conservation Strategy Aims:
·
Lead – A Council that provides clear direction, guidance
and resources to conserve and enhance our biodiversity.
·
Educate – A community that is well informed about
biodiversity and what they can do to protect it.
·
Support – Land managers that are well supported to
maximise biodiversity conservation across the landscape.
·
Manage – Best-practice land management is used to improve
ecological resilience, reduce threats to biodiversity and protect cultural
values. (Coorey/Cameron)
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AMENDMENT
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19-516
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Resolved:
1. That
Council adopts the following vision for the revised
Biodiversity Conservation Strategy:
Biodiversity
in Byron Shire is valued, protected and enhanced, through inspiring leadership,
community engagement, urgent action and innovation.
2. That Council
adopts the four Biodiversity Conservation Strategy Aims:
· Lead – A Council that provides clear direction,
guidance and resources to conserve and enhance our biodiversity.
· Educate – A community that is well informed about
biodiversity and what they can do to protect it.
· Support – Land managers that are well supported to
maximise biodiversity conservation across the landscape.
· Manage – Best-practice land management is used to
improve ecological resilience, reduce threats to biodiversity and protect
cultural values. (Richardson/Spooner)
The amendment
was put to the vote and declared carried.
Crs Coorey, Ndiaye and Cameron voted against the
amendment.
The amendment upon becoming the substantive motion was
put to the vote and declared carried.
No Crs voted against the motion.
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The meeting adjourned at 1.14pm for lunch and reconvened
at 2.03pm.
Mayoral
Minute
There was no Mayoral Minute.
Notices
of Motion and Rescission
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Notice of Rescission Motion No. 9.1 Integrated
Pest Management Strategy 2019-2029
File No: I2019/1530
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19-517
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Resolved: That Council rescind Resolution No. 19-455 from
its Ordinary meeting held on 19 September 2019 which reads as follows:
1. That
Council adopt the Integrated Pest Management Strategy 2019-2029
(Attachment 2 E2019/63575) with the following changes:
a. Improve
readability by use of more appropriate placement of text, particularly over
graphics, and choice of ink colours and transparency.
b. Redesign
layout to ensure better coherence and relationship of text and adjacent
graphics.
2. That
Council include the ‘Implementation of the Integrated Pest
Management Strategy 2019-2029’ as an activity in the 2019/20 Delivery
Program and Operational Plan.
3. That
Council note that implementation of the Integrated Pest Management
Strategy 2019-2029 will be accommodated within the Infrastructure Services
Directorate budgets.
4. That
further information regarding control methods of weeds on roadsides be
developed with a view of incorporating them into an amended strategy after a
12 month review and that:
a. During
that period, consult with Goonengerry Landcare to provide full description of
the development and practice of partnership with Goonengerry Landcare
including acknowledgement of volunteers, pictures and demonstrated
understanding of the role of Small Steps in achieving IPSM objectives.
5. Amend
the first paragraph on page 3 to add the sentence “Whilst maximising
our best practice weed management of our biodiversity rich areas.” (Cameron/Coorey)
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Procedural Motion
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19-518
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Resolved that Cr Cameron be granted a two minute
extension to his speech.
(Richardson/Ndiaye)
The motion was put to the vote and declared carried.
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The motion (Cameron/Coorey) was put to the vote and
declared carried.
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19-519
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Resolved that Council review the draft Integrated Pest
Management Strategy 2019 – 2029 (IPMS) as follows:
1. Improve readability by use of
more appropriate placement of text, particularly over graphics, and choice of
ink colours and transparency.
2. Redesign layout to ensure better
coherence and relationship of text and adjacent graphics.
3. Amend all statements that refer to
the cessation of chemical/pesticide/spraying on rural roadsides and redraft
to align with actual practice between 2013 and the present, ensuring that all
such statements are consistent and able to be clearly understood by readers.
4. Include full description of weed
removal and native vegetation replacement methodology for weed management on
roadsides (Small Steps to Healthier Roadside Vegetation) in the IPMS.
5. Consult with Goonengerry Landcare to
provide full description of the development and practice of partnership with
Goonengerry Landcare including acknowledgement of volunteers, pictures and
demonstrated understanding of the role of Small Steps in achieving IPSM
objectives.
6. Amend the first paragraph on page 3
to add the sentence “Whilst maximising our best practice weed
management of our biodiversity rich areas.”
7. On
completion of items 1-6 above, present the revised draft to the next
available Planning Meeting of Council. (Cameron/Coorey)
The Mayor left the Meeting at 2.27pm and the Deputy
Mayor took the Chair.
The
motion was put to the vote and declared carried.
Cr
Richardson was not present for the vote.
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Petitions
There were no petitions.
Submissions
and Grants
There were no submissions and grants reported.
Delegates'
Reports
There were no delegates’ reports.
Staff
Reports - Infrastructure Services
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Report No. 13.10 Amendment
4 of Byron Developer Contributions Plan Removal of Waiver for Secondary
Dwellings
File No: I2019/1505
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Crs Cameron and Martin left the chamber in accordance
with their pecuniary interest in this report.
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19-520
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Resolved:
1. That
Council adopt Amendment 4 of the Contributions Plan as per Attachment 2
(E2018/72973) to this report.
2. That
Council imposes a requirement to pay water and sewer contributions for
secondary dwellings. (Lyon/Spooner)
The motion was put to the
vote and declared carried.
Cr Richardson was not present
for the vote.
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There being no further business the meeting concluded at 2.50pm.
I hereby certify that
these are the true and correct Minutes of this Meeting
as confirmed at
Council’s Ordinary Meeting on 21 November 2019.
….…………………………
Mayor Simon Richardson
