Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 12 December 2019

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

Public Access relating to items on this Agenda can be made between 9.00am and 10.30am on the day of the Meeting.  Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.

 

 

 

Mark Arnold

General Manager

 


CONFLICT OF INTERESTS

 

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - 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 or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Code of Conduct for Councillors (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – 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 a matter or if the interest is of a kind specified in the Code of Conduct for Councillors.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§  The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§  The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a)   the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b)   the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§  If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§  Just because the person is a member of, or is employed by, the Council.

§  Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§  A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§  The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a)   at any time during which the matter is being considered or discussed by the Council or Committee, or

(b)   at any time during which the Council or Committee is voting on any question in relation to  the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with.  Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§  It may be appropriate that no action be taken where the potential for conflict is minimal.  However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§  Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa).  Care needs to be taken when exercising this option.

§  Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§  Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as of the provisions in the Code of Conduct (particularly if you have a significant non-pecuniary interest)

 

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1)   In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a)   including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b)   not including the making of an order under that Act.

(2)   The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3)   For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4)   Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5)   This section extends to a meeting that is closed to the public.

 


BYRON SHIRE COUNCIL

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

5.    Tabling of Pecuniary Interest Returns (Cl 4.9 Code of Conduct for Councillors)

6.    Adoption of Minutes from Previous Meetings

6.1       Ordinary Meeting held on 28 November 2019

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Front and Centre Customer Service at The Counter........................................................ 6

9.2       Byron Shire Youth Challenge............................................................................................ 8

10.  Petitions

11.  Submissions and Grants

12.  Delegates' Reports

12.1     Presentation to Virtual Power Plants, New Energy Storage, and Renewable Energy 2019 Conference, 15 November 2019 in Melbourne.............................................................. 11  

13.  Staff Reports

General Manager

13.1     TAFE NSW and Lot 12 Bayshore Drive Byron Bay....................................................... 12

13.2     Byron Rail Corridor Restoration...................................................................................... 16

13.3     Acquisition and surrender of land - Byron pool complex................................................ 22

Corporate and Community Services

13.4     Policy Review 2019 - Policies for repeal (part 2)............................................................ 25

13.5     Report of the Public Art Panel meeting held on 14 November 2019.............................. 29

13.6     Review of Northern Beaches Council Gambling and Poker Machine Harm Management Strategy......................................................................................................................................... 31

13.7     Submission to Office of Local Government - Discussion Paper - A New Risk Management and Internal Audit Framework for Local Councils in NSW.................................................... 34

13.8     Investments - 1 November 2019 to 30 November 2019................................................ 40

Sustainable Environment and Economy

13.9     Sustainable Visitation Strategy - Project update............................................................. 48

13.10   Climate Emergency Response - update on Resolution 19-341...................................... 53

13.11   Review of Affordable Rental Housing (Res 19-233)...................................................... 57

13.12   PLANNING - Development Application 10.2018.307.1 - Alterations and additions to dwelling, new artists studio and boundary adjustment........................................................................... 65

13.13   PLANNING - Development Application 10.2019.458.1 Multi Dwelling Housing Comprising Eight (8) Dwellings at 6 Julian Rocks Drive Byron Bay................................................................ 87

13.14   Final Business and Industrial Lands Strategy for adoption........................................... 108

13.15   Our Mullumbimby Masterplan - Submissions Report................................................... 119

13.16   Integrated Pest Management Strategy (Resolution 19-519 )....................................... 123

13.17   Annual Emissions Inventory and Achieving Net Zero Emissions Target...................... 127

13.18   PLANNING - Report Exceptions to Development Standards 1 July to 30 September 2019        133

13.19   Expressions of Interest for the Place Planning Collective (Res 19-451)...................... 136

13.20   Residential Strategy and affiliated projects update....................................................... 139

13.21   PLANNING - 24.2019.53.1 Habitat DCP Amendment; Chapter E5 Certain Locations in Byron Bay and Ewingsdale............................................................................................................. 146

13.22   Report of Planning Review Committee held on 14 November 2019........................... 151

13.23   PLANNING - Update on Environmental Zone review and Planning Proposal implementation process....................................................................................................................................... 153

13.24   PLANNING - 26.2019.1.1 - Planning Proposal for an amendment to Byron LEP 2014 to permit Community Title subdivision and dwellings at Lot 38 DP 1059938, Alidenes Road, Wilsons Creek....................................................................................................................................... 158

13.25   PLANNING - DA10.2018.466.2 -  61 Kingsley Street Byron Bay - S4.55 modification to change the Condition of Consent (approved by Council Meeting) in relation to the Height and FFL of the proposed building, change to pool dimensions and tree removal................................. 166

13.26   Byron Shire Council Agricultural Action Plan Update................................................... 179

13.27   PLANNING - Draft Planning Controls for Short Term Rental Accommodation in response to Ministerial Direction 3.7 Reduction in non-hosted rental accommodation period......... 184

13.28   PLANNING - S4.55 for Modification of development consent DA 10.2017.402.3 to dedicate Lot 130 to Council as a Public Reserve, and amend stormwater design, bushfire asset protection zones and provide habitat connectivity between Management Zones 7b and 9........................... 193

Infrastructure Services

13.29   Building Asset Management Plan................................................................................. 202

13.30   Reducing Streetlight Use - Update................................................................................ 206

13.31   Part Road Reserve Closure and Sale to adjoining Lot 5 DP 714077 255 Repentance Creek Goonengerry................................................................................................................. 209

13.32   Part Road Closure and purchase Robert Street Bangalow adjoining 5 Deacon Street Lot 7 Section 10 DP 4974 and Lot 1 DP 122670..................................................................................... 214

13.33   Road Reserve Closure and Purchase 149 Federal Drive Eureka Lot 22 DP 1014053 219

13.34   1 Broken Head Road Project........................................................................................ 224

13.35   Bangalow Christmas Eve Carnival............................................................................... 231

13.36   Minor changes to car parking signage in vicinity of Byron Youth Activity Centre Sandhills Reserve....................................................................................................................................... 234   

14.  Reports of Committees

Corporate and Community Services

14.1     Report of the Audit, Risk and Improvement Committee Meeting held on 14 November 2019     238

14.2     Report of the Finance Advisory Committee Meeting held on 14 November 2019...... 243

Infrastructure Services

14.3     Report of the Local Traffic Committee Meeting held on 19 November 2019.............. 247

6.1      Event Road Closure - New Year's Eve and  New Year's Day, Byron Bay 2019/2020. 247

6.2      Byron Bay Paid Parking Time Changes - Jonson St 248

6.3      Restricted Parking Area - Broken Head Reserve Rd & Seven Mile Beach Road. 249

6.4      Bay Lane - Traffic Managemen. 249

6.5      No Parking Area - Seven Mile Beach Road. 249

6.6      Byron Bay CBD - Loading Zones. 250

6.7      Event - Summer Holiday Traffic Management in Byron Bay. 250

7.1      Engineering Advice - Intersection of Rajah Rd & Yengarie Way (Petition) 250

8.1      Events - Byron Bay Bluesfest 2020. 251

14.4     Report of the Byron Shire Floodplain Risk Management Committee Meeting held on 26 November 2019............................................................................................................................... 254   

15Questions With Notice

Questions with Notice: A response to Questions with Notice will be provided at the meeting if possible, that response will be included in the meeting minutes.  If a response is unable to be provided the question will be taken on notice, with an answer to be provided to the person/organisation prior to the next Ordinary Meeting and placed on Councils website www.byron.nsw.gov.au/Council/Council-meetings/Questions-on-Notice

 

 

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director prior to the meeting. Any suggested amendments to the recommendations should be provided to Councillor Support prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Front and Centre Customer Service at The Counter

File No:                                  I2019/1939

 

  

 

I move that Council take the opportunity to assist the community with a postal service to receive mail over the counter from the public for posting standard sized, fully stamped, with a return address into the Australia Post network.

 

Attachments:

 

1        Australia Post Group Mail Delivery Poll Policy, E2019/86006  

 

 

Signed:   Cr Alan Hunter

 

Councillor’s supporting information:

 

The post office in Mullumbimby is at the western end of Burringbar Street, 4 blocks away from the Council offices at the eastern end. There are no other postal receivable points in the CBD. As a service to our customers and residents such a service will be of convenience and incur no noticeable expense for Council.

 

In a time when all levels of government are addressing customer satisfaction and comparing the results through the communities like ours this is an opportunity to assist bridge the gaps.

 

Staff comments by Esmeralda Davis, Acting Manager Corporate Services, Corporate and Community Services:

 

Management recognises the importance of community satisfaction and strongly supports continuous improvement in customer service to our community.  In this instance however, the provision of a second postal collection service in such close proximity to an Australia Post branch may not be the best solution or most efficient use of Council resources.

 

If Council wishes to review its operations and service delivery to become an agent for Australia Post, further investigation and the preparation of a cost/benefit analysis would be required prior to a decision.

 

Preliminary investigations indicate that there are two formal options for Council to provide this service:

 

1.    Become a Licensed Post Office (LPO)

 

Council would need to apply through a tender process at a time when Australia Post invites submissions for this type of service.  LPOs must offer a range of Australia Post products and services, including mail acceptance and processing, postage stamps, money orders, bill payment and banking.  Council would also be responsible for the training of staff in accordance with legislative requirements.


OR

 

2.    Become a Community Postal Agent (CPA)

 

Council would need to wait for a CPA opportunity to become available. At a minimum, Council would need to offer basic postage assessment, stamp sales and over-the-counter mail acceptance and delivery, however bill payment and banking would not be required.

 

Alternatively, or in the absence of such opportunities being forthcoming, staff could write to Australia Post inviting them to install a post box outside the Mullumbimby Administration building.

 

Financial/Resource/Legal Implications:

 

In the performance of its functions, Australia Post is governed by The Australian Postal Corporation Act 1989 and associated Regulations.  It is unclear, without further investigation, how Council would be impacted by this legislation as an agent for Australia Post.

 

If Council wishes to consider becoming a Licenced Post Office or Community Postal Agent it should note that the roles and workload of the Customer Service and Records Management (and potentially Finance and IT) teams would undoubtedly be significantly impacted; however further investigation would be required to understand the specific financial and resource implications for Council.

 

There are also considerable potential liability issues involved in handling public mail which could result in customer dissatisfaction, insurance claims and reputational damage should mail be misplaced, damaged or incorrectly handled.  

 

Is the proposal consistent with any Delivery Program tasks?

CSP Objective

L2

CSP Strategy

L3

DP Action

Community Objective 5:  We have community led decision making which is open and inclusive

5.3

Deliver a high level of customer service

5.3.1

Enhance external and internal customer service effectiveness

 

This could be considered an improvement to customer service, but the viability of such an initiative would require further investigation and assessment.  


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.2

 

 

Notice of Motion No. 9.2     Byron Shire Youth Challenge

File No:                                  I2019/1976

 

  

 

I move:

 

1.       That Council thanks the young people from Mullumbimby High School involved in the Byron Shire Youth Challenge, through formal recognition at their school presentation day on 17 December 2019.

 

2.       That Council continues to support the ‘food waste expo’ initiative developed by young people in the Byron Youth Challenge through:

a)      the allocation of staff resources

b)      utilising up to $5,000 from the ‘Youth Council’ budget for the coordination and delivery of the event

c)      development of collateral and promotion in the lead up to the event

 

3.       That, should the Mullumbimby High School wish to implement a green bin service, Council provides internal green bins, such as kitchen cadies to assist them with their food waste initiative

 

 

 

 

Signed:   Cr Michael Lyon

 

Councillor’s supporting information:

 

The ‘Byron Shire Youth Challenge’ (Youth Challenge) program was developed to provide an innovative and effective engagement program specifically targeting young people.

 

Five students from Mullumbimby High School participated in the program over five weeks, commencing in October 2019 and concluding with their presentation during Public Access at the 28 November 2019 Ordinary Meeting of Council.

 

The young people developed an initiative to achieve their goal “That businesses in the Byron Shire have zero food waste to landfill by the time we finish school in 2021”. Their presentation to Public Access at the 28 November Ordinary Meeting proposed that they would like to continue to work with Council to coordinate a ‘food waste expo’ on 29 April 2019.

 

Staff comments by Heather Sills, Corporate Planning and Improvement Coordinator, Corporate and Community Services:

(Management Comments must not include formatted recommendations – resolution 11-979)

 

The ‘Byron Shire Youth Challenge’ (Youth Challenge) program was developed to provide an innovative and effective engagement program specifically targeting young people. The program targeted young people aged 15-16 (Years 9-10) and aimed to provide an effective mechanism for youth leadership development and future social engagement of young people in our Shire. 

 

Five students from Mullumbimby High School participated in the program over five weeks, commencing in October 2019 and concluding with their presentation during Public Access at the 28 November 2019 Ordinary Meeting of Council. The program was designed to develop civic leadership skills through a series of participatory activities and challenges related to the functions of Local Government as outlined below:

 

 

Co-Design Workshop

A number of activities designed to engage and discover:

-    What are the most pressing issues for young people in the Shire?

-    What can Council do in this space?

-    How can youth get involved in democracy?

Introduction to Local Government

This session focused on LG101 for young citizens, in the context of the challenges and issues identified in the co-design phase. Young people received a condensed Local Government induction with guest speakers from across Council in their identified areas of interest.  

Byron Youth Challenge (one day)

Young people picked their ‘wicked problem’ from the co-design workshop and were guided by staff through a series of challenges related to how to respond from a Local Government perspective.

Celebration

Young presented and discussed their “wicked problem” and solutions to Councillors and received feedback from Councillors on the solutions and how to present their ideas at the Council Meeting.

Formal Meeting of Council

Young people witnessed democracy in action including public access, debate and decision making. The young people presented at public access and joined Councillors for morning tea, before observing an hour of debate in the Chambers.

 

Outcome

 

Through the program the young people identified a ‘wicked problem’ that they wanted to investigate “How can we reduce food waste in the Byron Shire?”. They worked with a number of staff from across the organisation, Councillors, and a representative from North East Waste to consider the issue and research possible solutions.

 

They developed an admirable goal “That businesses in the Byron Shire have zero food waste to landfill by the time we finish school in 2021” and presented their proposed solution to the Ordinary Council Meeting on 28 November 2019.

 

Their proposed solution is to work with Council and other relevant organisations to coordinate a food waste expo on 29 April 2020 (being ‘Stop Food Waste Day’) at the Cavanbah Centre in Byron Bay. They intend to invite all businesses in the Byron Shire to come and learn about food waste and ways to reduce and prevent it, through guest speakers, demonstrations, and case studies. They particularly want to promote the existing organisations and services that provide leftover food to people experiencing homelessness (for example, Liberation Larder).

 

The students have also proposed that they would like to develop a program to influence change at their school, Mullumbimby High School, and use this as a case study to show businesses that if they can make these changes then so can businesses. They would like to purchase green bins to distribute throughout the school and educate and promote their use to encourage fellow students to dispose of food waste appropriately.

 

During their presentation to Council the young people indicated that they are seeking support from Council for a number of elements of their proposal:

 

·        Continued support from Council officers to assist with development and implementation of their initiative

·        Seed funding for the purchase and implementation of internal green bins at the Mullumbimby High School

·        Financial support to deliver the food waste expo on 29 April 2019, including funding of displays and waiving the hire fee of the Cavanbah Centre

·        Allocation of staff resources to work with the young people to promote the initiative, commencing in Youth Week 2020 in the lead up to the event

 

Consultation and Engagement

 

The Byron Shire Youth Challenge program was promoted to each of the high schools in the Byron Shire. Mullumbimby High School was the only school that indicated an interest in participating in the program.

 

This year was run as a pilot program and, given its success, it is anticipated that it will be delivered again in 2020 where all schools will again have an opportunity to participate.

 

Financial/Resource/Legal Implications:

 

It is anticipated that this year’s outcomes from the Youth Challenge will continue to be led by Corporate Services with support from the Resource Recovery team, given the nature of the ‘wicked problem’ and proposed solution.

 

$5,000 is available from the ‘Youth Council’ budget that can be used to support the young people to develop and deliver their proposed food waste expo, and this will include marketing and promotion, graphic design, and collateral for use at the expo.

 

The Resource Recovery team has identified that there is potentially some seed funding available to assist the young people to purchase internal green bins for use at Mullumbimby High School, should the school wish to implement a green bin service.

 

Is the proposal consistent with any Delivery Program tasks?

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.1

Engage and involve community in decision making

5.1.1

Facilitate inclusive community consultation and stakeholder engagement to inform Council decision making (SP)

5.1.1.7

Develop and implement youth advisory/ leadership program

 

   


BYRON SHIRE COUNCIL

Delegates' Reports                                                                                                               12.1

 

 

Delegates' Reports

 

Delegate's Report No. 12.1      Presentation to Virtual Power Plants, New Energy Storage, and Renewable Energy 2019 Conference, 15 November 2019 in Melbourne

File No:                                       I2019/1935

 

  

 

Delegate notes provided by Mayor Cr Simon Richardson, Keynote Speaker at Virtual Power Plants, New Energy Storage, and Renewable Energy 2019 Conference in Melbourne on 15 November 2019, “Case Study – The Zero Emissions Byron project”, are attached to this Report.

 

Signed:      Cr Simon Richardson

 

Attachments:

 

1        Delegates Report - Mayor Cr Simon Richardson Presentation Case Study - The Zero Emissions Byron project Nov 2019 Melbourne, E2019/85221  

 

  


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.1

 

 

Staff Reports - General Manager

 

Report No. 13.1           TAFE NSW and Lot 12 Bayshore Drive Byron Bay

Directorate:                 General Manager

Report Author:           Claire McGarry, Place Manager - Byron Bay

Shannon Burt, Director Sustainable Environment and Economy

File No:                        I2019/1837

                                       

 

 

Summary:

 

The purpose of this report is to update Council on the latest discussions with TAFE NSW in relation to a Connected Learning Centre (CLC) being located in Byron Shire in the near future.

 

In February 2019, the State Government made an election commitment to establish a TAFE campus in Byron Bay. A number of new regional campuses have been flagged by the Minister to Parliament, including one at Batemans Bay, Nambucca Heads, Nelson Bay, Byron Bay, Cobar, Hay, Jindabyne and West Wyalong. 

 

A formal announcement from the Minister for Skills and Tertiary Education (The Hon Dr Geoffrey Lee MP) to confirm the above CLCs is anticipated early 2020. This announcement will determine whether a project will progress to the next stage of planning or not.

 

Prior to this announcement, TAFE is seeking a formal commitment from Council in support of establishing a TAFE campus on Council land in the Byron Shire.

 

  

 

RECOMMENDATION:

That Council:

1.     Note the separate report included in this agenda titled ‘Residential Strategy and affiliated projects update’ and the section of the Report relating to Lot 12 Bayshore Drive, Byron Bay.

 

2.      Confirm its in principle support for TAFE NSW to progress plans for a Connected Learning Centre, subject to appropriate probity and planning considerations, through the urban design investigation for Lot 12 Bayshore Drive, Byron Bay.

 

3.      Authorise the General Manager to negotiate and enter into a non-binding Heads of Agreement with TAFE NSW for a Connected Learning Centre on Lot 12 Bayshore Drive, Byron Bay.

 

 

 

Attachments:

 

1        Confidential - Draft non-Binding Heads of Agreement TAFE NSW, E2019/88003  

2        Letter of support - TAFE NSW for Byron Shire, E2019/88106  

 

 


 

REPORT

 

Background

 

Through 2017 and 2018, the Byron community and Council worked together to purchase the former Byron Hospital site to retain it for community use. During this period, the community steering committee collected ‘expressions of interest’ from organisations wanting to be tenants of the site in future.

 

NSW TAFE were one of these organisations (refer Attachment 2 - letter of support).

 

In February 2019 the NSW Coalition made an election commitment to establish a TAFE campus in Byron Shire Local Government area.

 

Since the March State Election, NSW TAFE representatives have met with Council regularly to discuss their proposal for a campus in Byron Bay – being a ‘Connected Learning Centre’ (CLC). These Centres operate regionally around the state. Supported by mobile training units, simulations and virtual reality experiences, the CLCs enhance TAFE’s ability to deliver interactive, flexible, accessible training across a wider range of locations.

 

Since purchasing the Byron Hospital site from the State Government, Council and the community have further developed and refined their plans for the future use of site. Through this process, the consistent message has been that the community wishes to adaptively reuse this site, rather than demolish it and build a purpose-built facility for community use.

 

In order to accommodate a TAFE CLC on the former Byron hospital site, part of the building would need to be demolished. This outcome would not meet the expectations of Council or the community for this site. As a result Staff in consultation with representatives from TAFE NSW has identified other potential sites for a TAFE campus in the Shire. These potential sites include Lot 12 Bayshore Drive in the Byron Arts and Industrial Estate (BAIE) being the now preferred site. 

 

The consideration of a TAFE CLC on Lot 12 Bayshore Drive is included in the urban design investigations for the site. Note the separate report included in this agenda titled ‘Residential Strategy and affiliated projects update’ and the section of the Report relating to Lot 12 Bayshore Drive, Byron Bay.

 

The landing of a TAFE CLC in Byron Shire is considered a highly desirable from a community education perspective.

 

Lot 12 Bayshore Drive, Byron Bay

 

Lot 12 on DP 1189646, highlighted in yellow on the figure below, is situated off Bayshore Drive in northern part of the BAIE. It is a key Council-owned land parcel, likely to become available for development in the next couple of years.

 

 

Leading on from a recent Enquiry by Design workshop for BAIE, Council staff working with a group of representative stakeholders from within the BAIE have prepared a draft Arts and Industry Estate Precinct Plan. The Enquiry by Design and draft Precinct Plan identified Lot 12 as an opportunity for the development of a sustainability and innovation hub.

 

Web link here:

 

https://www.yoursaybyronshire.com.au/byron-arts-and-industry-estate

 

By resolution (Res. 19-452) staff have now sought to progress a structure plan for Lot 12. To this aim a request for quotation has been issued for a consultant to prepare a design blueprint for the site.

 

The design blueprint will enable Council to undertake a feasibility assessment of a preferred delivery option for its future development.

 

The brief issued requested that 3 options be explored in the context of the land functioning as a sustainability and innovation hub by either:

 

1. Urbanised - a plan that develops the conceptual plan contained in the Draft Byron

Arts and Industry Estate Precinct Plan shown in Appendix A of the ‘Residential Strategy and affiliated projects update’ report in this agenda.

 

2. Anchor based - a Plan testing the suitability of including a TAFE site (development

footprint approx. 5,000m2) and/or a social enterprise commercial laundry site

(development footprint approx. 2,500m2) on the site, in conjunction with other uses.

 

3. Reimagined - an explorative plan; with all other possibilities on the table, looking to

maximise the potential of the site as a sustainability and innovation hub.

 

The three options seek to optimise the potential design and use outcomes for the site.

 

The timetable for completion of this urban design work is set to coalesce with the exhibition of the draft precinct Plan in early 2020. Both the draft precinct plan and the 3 option plans will be exhibited concurrently. A further report will follow for final endorsement of a preferred option plan for Lot 12 by Council.

 

With the above in mind, it is understood that the TAFE NSW campus requirements are as follows:

 

·    a ground lease of between 4700 sq m and 5000 sq m with a 10 year lease and two five-year options);

·    frontage to Bayshore Drive;

·    a campus style building to serve as a ‘Connected Learning Centre’.

 

These requirements are more than likely able to be accommodated on Lot 12, subject to a satisfactory design being agreed to by both parties. Discussions have commenced and will ensue in this regard should Council resolve for staff to do so.

 

For the TAFE NSW CLC to progress, a development application satisfying all of the relevant planning controls will be necessary. The cost of development and applicant will determine the approval pathway for any development application which is likely to be the Regional Planning Panel.

 

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 4:   We manage growth and change responsibly

4.1

Support the visions and aspirations of local communities through place-based planning and management

4.1.1

Develop, implement and update Place Plans that promote place-based forward planning strategies and actions

4.1.1.6

Develop the Byron Arts and Industry Estate Precinct Plan

 

 

Legal/Statutory/Policy Considerations

 

The recommendations in this report are not intended to bind Council to any agreement for lease. Instead, they are intended to allow discussions between Council and TAFE to continue and signal Council’s in-principle support for a TAFE campus in Byron Bay. The details of which, should this be Lot 12 Bayshore Drive, Byron Bay, to be confirmed in a Heads of Agreement.

 

This Report seeks the Council to authorise the General Manager to negotiate and then enter into a non-binding Heads of Agreement with TAFE NSW for a Connected Learning Centre on Lot 12 Bayshore Drive, Byron Bay.

 

TAFE NSW have provided Council with a draft non-binding Heads of Agreement document as the basis for the negotiation process (refer Confidential Attachment 1).

 

It is understood that an executed Heads of Agreement document is a prerequisite to the Minister determining to progress the project.

 

Financial Considerations

 

Project currently funded in 19/20 OP.

 

In September 2019, Council commissioned a Valuation Report for Lot 12 Bayshore Drive to provide a broad indicative value range for rental on this site, based on Council retaining ownership of the land. The rental amount discussed with TAFE NSW is in accordance with the Valuation Report commissioned by Council.

 

Consultation and Engagement

 

As discussed in the report.

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.2

 

 

Report No. 13.2           Byron Rail Corridor Restoration

Directorate:                 General Manager

Report Author:           Claire McGarry, Place Manager - Byron Bay

File No:                        I2019/1862

                                       

 

 

Summary:

 

This report seeks endorsement of concept plans for restoration of the rail corridor in Byron Bay for community use.

 

  

 

RECOMMENDATION:

1.       That Council endorse the concept plans for the Byron Rail Corridor (Attachment 1 E2019/86660).

 

2.       That Council allocate $493,400 from the Byron Town Centre Masterplan Reserve towards this project.

 

Attachments:

 

1        Byron rail corridor concept plans November 2019, E2019/86660  

 

 


 

REPORT

 

Background

 

In 2016, Council adopted the Byron Bay Town Centre Masterplan – a vision and strategy to guide the future of the town centre, and to set out realistic actions and projects that achieve that vision.

 

The Masterplan identifies the Byron ‘rail precinct’ (map below) as a local community focal point and critical piece of land to improve pedestrian connectivity through the town centre.

 

 

In 2019, Council has:

 

-        Completed the Railway Park upgrade;

-        Progressed investigations on Butler Street Reserve to inform its future uses; and

-        Commenced construction of the Byron Bay bypass.

 

Additionally, Council has worked closely with Transport for NSW to advocate for delivery of the Byron Bay Bus Interchange and the upgrade of the car parks either side of Railway Park (Rails car park and Lawson St South car park).

 

It is evident that as these projects progress towards completion, the Byron rail corridor will be the final ‘piece of the puzzle’ in this precinct to achieve the vision set out in the Masterplan – a rail precinct that supports passive recreation; redirects vehicular traffic away from the town centre; activates public spaces; improves connectivity; enhances heritage features; and connects key ‘green spaces’ across the town centre.

 

This report seeks endorsement of concept plans for the Byron Rail Corridor so that staff can progress with:

 

-        detailed design

-        identification of internal and external funding sources

-        planning approval pathways

-        further community consultation

 

Concepts

 

As outlined above, the Rail Corridor occupies a critical space within the town centre and in particular in relation to a number of adjacent town centre project areas including Railway Park, Butler Street Reserve, potential transport interchange and car parks. The Byron Bay Town Centre Master Plan also nominated the improvement of cross town circulation routes (particularly east/west) as a critical component of improving town wide connectivity. The Rail Corridor occupies a critical space that has previously acted as a barrier to this connectivity. This project has the potential to improve circulation across town and to improve the viability and health of a number of public spaces and town centre spaces.

 

The key component of the Concept for the Rail Corridor area is to provide safe and equitable circulation paths connecting the town centre to the western side of the corridor. The Concept also forms an important part of improving links into and through the recently completed Railway Park upgrade. By doing so these works would considerably increase the footprint and integrity of town centre public spaces. This project can also play an important role in complimenting and safeguarding the heritage value of the Rail precinct by enabling passive use and appreciation for the space.

 

The connectivity improvements that this project enables are important day to day (for general circulation and access to car parking areas and the like), but they become vitally important on days of high frequency use such as market days. As use of this space as an informal circulation route increases, so do associated safety and accessibility concerns. This project acknowledges the requirement of linkages through the corridor and provides them in a way that promotes safe and equitable use of this space.

 

To improve the viability of the circulation links and the associated open spaces, small gathering spaces and moments of outlook and repose have been included in the design. This will increase use of the space and improve the passive surveillance of this and adjacent spaces. A simple design approach has been taken to the open areas of the site - improving grass areas and increasing natural shade will allow for improved passive recreational uses such as picnicking.

 

The Concept proposes materials and designs that are simple and robust. The intention is to use tough and low maintenance solutions that are complimentary to the industrial heritage of the rail corridor. Existing rail infrastructure will be retained and celebrated as an integral part of the site experience. Existing trees along the corridor fringes will be retained and in some cases provide shade and amenity for small seating areas associated with the circulation paths. The detailing of surface finishes such as turf and gravel will ensure that safety concerns such as trip hazards and the like are managed in required areas.

 

The concepts also include Memento Aestates – the Giovanni Veronesi artwork originally commissioned for Railway Park. Council resolved to remove this artwork from the scope of works for Railway Park and instead include it in concept plans for other town centre projects. The Public Art Panel endorse the relocation of the artwork to the rail corridor as the form and material of the piece complements the rail heritage of the site.

 

In the context of Council’s feasibility for multi-use of the rail corridor, this project constructs infrastructure that is temporary in nature and can easily be adapted or removed if the rail corridor were to be reactivated for multi-use transport options.

 

Next steps

This report seeks endorsement of concept plans for the Byron Rail Corridor so that staff can progress with:

 

-      detailed design

-      confirmation of internal and external funding sources

-      planning approval pathways

-      further community consultation

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 1:  We have infrastructure, transport and services which meet our expectations

1.2

Provide essential services and reliable infrastructure which meet an acceptable community standard

1.2.7

Implement identified projects of the Byron Bay Town Centre Master Plan

1.2.7.3

Undertake landscaping works in Byron rail corridor (action from Byron Bay Town Centre Masterplan)

 

 

Legal/Statutory/Policy Considerations

 

In September 2019, Byron LEP 2014 was amended to allow the following land uses to be permitted with consent in the rail corridor:

·     Community facilities;

·     Information and education facilities; and

·     Existing markets.

 

The amendments also clarified that landscaping works and recreation areas (i.e. playgrounds) can occur without development consent.

 

As the section of rail corridor within the Town Centre is a State-listed heritage area, Council has been working with Sydney Trains to prepare a Conservation Management Plan (CMP) for the corridor.  The CMP addresses Council’s concepts for the activation/ community use of the corridor; Sydney Trains proposals to construct the bus interchange; and concepts for the adaptive reuse of the former ticket office.

 

The CMP has been submitted to the State Government for endorsement.  At the time of writing this report, it has not yet been sign-off.

 

Adoption of the CMP will allow Council to apply for approval under Section 60 of the NSW Heritage Act 1977 and planning approval (DA) under the Environmental Planning & Assessment Act 1979.

 

Additionally, Council has a licence over the rail corridor from Transport for NSW which will enable this work to occur. Under this licence, Council must inform Transport for NSW of the concept plans and must not make any changes to infrastructure, or install new infrastructure without the prior written approval of Transport for NSW. Council has sought approval from Transport for NSW on the concept plans and is awaiting a response.

 

Financial Considerations

 

Preliminary cost estimates for this project are $1,005,963.

 

Two sources of funding will be used to deliver this project:

1.   Byron Bay Bypass money

2.   Byron Bay Town Centre Masterplan Reserve

 

Bypass

The Byron Bay Bypass project team allocated $600,000 as a provisional sum within the bypass contract for the construction of a walkway between Butler Street and Lawson South car park. The construction of the walkway joining the new bypass road into town is in accordance with the overall grant outcomes for the bypass project.

 

It is important to note that project delays associated with protest action and referral to the Department of Environment and Energy referral are likely to result in additional project costs for the Bypass. The above allocation for the walkway may be reviewed as the Bypass project progresses.

 

Masterplan Reserve

Council may recall that it has resolved to allocate revenue from pay parking based on the existing scheme after accounting for scheme costs and revenue derived on the Crown Reserve as follows:

 

·    50% to projects outside of Byron Bay

·    50% to projects within Byron Bay and of this amount 50% is allocated to Byron Bay Town Centre Master Plan projects.

 

As at 30 June 2020, there is estimated to be $151,200 available that is unallocated assuming the projects being funded from the Byron Bay Town Centre Masterplan reserve are completed.  This also includes $342,200 in Masterplan projects that are yet to be determined.  If this amount is designated to the subject of this report, there is potentially a total of $493,400 available.  Coupled with the Bypass funding, this should provide sufficient funding to cover the preliminary cost estimate for this project.

 

External funding applications

Finally, Council has applied for $200,000 of funding for this project under the NSW Government’s Stronger Country Communities Fund Round 3, and is anticipating notification of the outcome in January 2020.

 

Council has also successfully partnered with the Byron Bay Historical Society to secure heritage funding to complete a Statement of Heritage Impact for this project. This will be undertaken as part of the approvals process.

 

Staff intend to submit an application to the Building Better Regions Fund (Infrastructure) for this project in mid-December 2019 and anticipate notification of the outcome in June 2020.

 

Consultation and Engagement

 

The Byron Bay Town Centre Masterplan was developed over 18 months of in-depth community consultation and identified the rail corridor as a critical component of improving town-wide connectivity in Byron Bay.

 

Since the adoption of the masterplan, the community has formed the Byron Masterplan Guidance Group to guide Council’s development, and oversee implementation of key projects from the Masterplan.

 

The Byron Masterplan Guidance Group identified the rail corridor as the next key project for delivery following the construction of Railway Park. They have been involved in development of the concept plans for the corridor and will continue to be involved as the project team moves towards detailed design.

 

Additionally, once concept plans have been adopted by Council they will be made available on Council’s website and promoted through local media to encourage community feedback on concepts, which can then be incorporated into finalising detailed design.


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.3

 

 

Report No. 13.3           Acquisition and surrender of land - Byron pool complex

Directorate:                 General Manager

Report Author:           Matt Meir, Solicitor

File No:                        I2019/1942

                                       

 

 

Summary:

 

This report asks Council to accept the vesting of some Crown land and to surrender certain Council land to the Crown (‘land swap’) comprising part of the Byron Bay pool complex.

 

The land swap’s purpose is to allow the pool complex to belong solely to Council, and for the building currently comprising the restaurant to sit entirely within Crown reserve.

 

The land swap will allow the long term lease of both the pool and the restaurant building. This has not previously been possible. 

 

  

 

RECOMMENDATION:

1.       That Council acquire proposed lot 17 in the attached plan of subdivision (E2019/86293), with lot 17 to be vested in Council under the Crown Lands Management Act 2016.

 

2.       That Council agree to dispose of proposed lot 15 in the attached plan of subdivision (E2019/86293) by surrendering it to the Crown under the Crown Lands Management Act 2016.

 

3.       That Council note the Department of Planning Industry and Environment – Crown Land’s support (S2019/8983) for acquisition and disposal at no cost for the land.

 

4.       That Council authorise the affixing of Council’s seal to the plan of subdivision and any associated section 88B instrument necessary to register resolutions 1 and 2 with NSW Land Registry Services.

 

Attachments:

 

1        Proposed Plan of Subdivision - Byron Bay Memorial Pool and Crown Reserve 82000, E2019/86293  

2        Letter from NSW Government - Planning Industry & Environment - Proposed exchange of lands regarding Byron Bay Memorial Pool Complex, S2019/8983  

 

 


 

REPORT

 

This report is about the Byron Bay pool complex and the ownership of the land which comprises it.

 

For many years, the Byron Bay pool complex has suffered from a mismatch between the land use and its owners. There are two principal problems:

 

·     The Crown currently owns part of the land comprising the Byron Bay pool. This is the land known as lot 17 in the attached plan of subdivision.

 

·     Council currently owns part of the land comprising Fishheads restaurant. This is the land known as lot 15 in the attached plan of subdivision.

 

The current land misalignment of boundaries and ownership has prevented Council and the Crown from entering into long term lease arrangements for both the Byron pool and the building currently housing Fishheads restaurant. This has led to a series of short term agreements regarding the land’s occupation. These short term arrangements have created uncertainty for Council, the Crown and the occupants.

 

To end the uncertainty and allow long term arrangements through competitive processes that are in the public interest, the Crown has given its support for the following land swap to take place:

 

·     Proposed lot 17 to be acquired by Council via vesting under the Crown Lands Management Act 2016 (CLM Act); and

 

·     Proposed lot 15 to be surrendered to Crown by Council under the CLM Act (‘land swap’) for it to be added to Reserve 82000.

 

Council should note that under the CLM Act, proposed lot 17 will be taken to be classified as community land for the purpose of the Local Government Act 1993 when it vests in Council. However, the CLM Act also allows for the Minister to declare the land as operational land in the Gazette notice which vests the land in Council.

 

If Council resolves in accordance with the above resolutions, staff will ask the Crown to have the Minister declare proposed lot 17 as operational land at the time of vesting. This is because the rest of the Byron pool (lot 14 in the attached plan of subdivision) is classified as operational land. The intention is for proposed lot 17 and lot 14 to eventually be consolidated into one lot.

 

There is little utility in a small part of this future, consolidated lot being classified as community land, while the rest is operational land. Split classifications would make management of the Byron pool site needlessly complex. This runs counter to this project’s principal objective.

 

The above land swap will achieve the following:

 

·     Ensure that the ownership of the relevant land reflects the actual current use of the land; and

 

·     Allow Council (as the outright owner of the Byron pool and/or as the Crown Land Manager for the restaurant building, with Crown Lands approval) to call competitive processes for long-term leases for the pool and building.

 

Crown’s recent letter to Council (refer attachment 2) regarding the proposed land swap noted that ‘the exchange is in the public interest as it will substantially improve the on-going administration and management of this important local public and community complex’.

 

For the land swap to proceed, Council needs to resolve for it occur. It then needs to notify Crown of its resolutions.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

 

 

Community Objective 1: We have infrastructure, transport and services which meet our expectations

1.2

Provide essential services and reliable infrastructure which meet an acceptable community standard

1.2.5

Ensure ongoing maintenance and upgrade of inclusive community buildings and swimming pools

1.2.5.3

Finalise public land tenure matter for Byron Bay pool

 

Legal/Statutory/Policy Considerations

 

The CLM Act provides a mechanism for the vesting of ‘transferable Crown land’ to Council under certain circumstances. The proposed vesting of lot 17 in Council meets the criteria for vesting under the CLM Act.

 

The CLM Act also provides a mechanism for the surrender of non-Crown land to the Crown. This allows the surrender of lot 15.

 

Under the Local Government Act 1993, Council cannot acquire or dispose of land except by Council resolution and land acquired by Council needs to be classified, and if appropriate categorised, by Council resolution.

 

Financial Considerations

 

Crown’s letter to Council on the proposed land swap notes that ‘the application of the above provisions of the CLM Act will result in a nil financial impact on either party’.  Council is contributing to the costs of preparation of applications and plans to finalise the land tenure matters and these are being accommodated within existing crown land budget allocation.

 

Consultation and Engagement

 

The development application seeking approval for the boundary adjustment will have to go through the normal development assessment process that can be started once Council has confirmed its agreement to the proposal by resolution.   


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.4           Policy Review 2019 - Policies for repeal (part 2)

Directorate:                 Corporate and Community Services

Report Author:           Mila Jones, Corporate Governance Coordinator

File No:                        I2019/1905

                                       

 

 

Summary:

 

As per previous reports to Council on 18 April and 22 August 2019, 139 Council policies are currently being reviewed by staff as a result of internal audit recommendation made by OCM in November 2017.

 

At the Ordinary Meeting on 22 August 2019 Council received a report recommending that 21 public policies be repealed.  During the public access session, there were three submissions made regarding six policies. It was resolved at the meeting that this matter be presented to a Strategic Planning Workshop for further discussion.  Following the Strategic Planning Workshop on 7 November 2019, it was agreed that a further report will be provided to Council in February 2020 discussing the next steps for those six policies. 

 

This report covers the remaining 15 policies that were listed as redundant in the Ordinary Meeting Agenda of 22 August 2019, and recommends that these policies be removed from Council’s register for the same reasons stated in the earlier report.

 

  

 

RECOMMENDATION:

That the following redundant policies be removed from Council’s Policy Register:

 

a)      Community Halls and Sporting Facilities - Management by Community Groups 1994

b)      Excess of Power and Procedural Fairness 1996

c)      Footpath Dining 2001

d)      Freedom of Information 1996

e)      Inspection, Evaluation and Maintenance of Public Infrastructure 2003

f)       Interactions between Councillors and Council Staff 2002

g)      Interactive Management and Supervisory Training 1994

h)      Maintenance and Improvement of Council Owned Community Buildings 1994

i)       Procedures for Cases of Financial Hardship to undertake repair works to prevent adverse Environmental or Public Health Impacts 2002

j)       Review of the Stormwater Management Service Charge 2007

k)      Sewerage Charges - Charitable Nursing/Aged Care Homes 1994

l)       Smoke Free Environment 1994

m)     Water and Sewer Charges – Religious Properties 1994

n)      Water Meters and Charges on Strata Units 1994

o)      Work Health Safety 2015

 

 

 

 


 

REPORT

 

This report covers the 15 policies that were not the subject of the Strategic Planning Workshop on 7 November 2019.  These policies are presented below with reasons for repeal reproduced. It is recommended that these policies be removed from Council’s Policy Register for the reasons outlined in the table below.

 

Policy

Reviewed

Responsibility

Reason for repeal

Community Halls and Sporting Facilities - Management by Community Groups 1994

29-Mar-94

Manager Social and Cultural Planning and Manager Open Space and Resource Recovery

·     Change in legislative framework requiring plans of management replaces need for overarching policy.

Excess of Power and Procedural Fairness 1996

12-Dec-96

Legal Counsel

·     Covered by the adoption of the provisions of the Code of Conduct

Footpath Dining 2001

09-Oct-01

Manager Sustainable Development

·     Replaced by Commercial Use of Road Reserves 2018 (E2018/28846) and all provisions included

Freedom of Information 1996

25-Jun-96

Manager Business Systems and Technology

·     Replaced by GIPA Act requirements

Inspection, Evaluation and Maintenance of Public Infrastructure 2003

26-Aug-03

Manager Assets and Major Projects

·     The content is covered by the Asset Management Policy

Interactions between Councillors and Council Staff 2002

22-Oct-02

Manager Corporate Services

·     Principles are covered in the Code of Conduct and Councillors’ Expenses and Facilities Policy.

·     New councillor service level agreement developed which includes interactions

Interactive Management and Supervisory Training 1994

29-Mar-94

Manager People and Culture

·     Outdated. Now covered by other training modules and Great Managers course

Maintenance and Improvement of Council Owned Community Buildings 1994

29-Mar-94

Manager Social and Cultural Planning

·     Strategic Asset Management Plan captures the long term asset maintenance as part of a broad organisational approach

Procedures for Cases of Financial Hardship to undertake repair works to prevent adverse Environmental or Public Health Impacts 2002

04-Apr-02

Manager Finance

·      Policy is prior to introduction of Best Practice Water and Sewerage Pricing Guidelines that Council must comply with.  Policy is inconsistent with these guidelines and should be repealed.

Review of the Stormwater Management Service Charge 2007

30-Aug-07

Manager Finance

·     Policy is out of date.  Stormwater Management Service Charges are a regulated charge and are governed by the guidelines issued by the Office of Local Government in 2006 referred to in the policy.  Council also details these charges annually in its Statement of Revenue Policy. 

Sewerage Charges - Charitable Nursing/Aged Care Homes 1994

27-Feb-96

Manager Finance

·     Policy is prior to introduction of Best Practice Water and Sewerage Pricing Guidelines that Council must comply with.  Policy is inconsistent with these guidelines.

Smoke Free Environment 1994

29-Mar-94

Manager People and Culture

·     The information in the Policy is outdated and covered by legislation and a council resolution:

·     The NSW Smoke-free Environment Act 2000 and the Smoke-free Environment Regulation 2016 are the legislative documents governing smoking in public places.

·     Resolution 11-801 is the Council resolution governing smoking in Council workplaces.

Water and Sewer Charges – Religious Properties 1994

29-Mar-94

Manager Finance

·     Policy is prior to introduction of Best Practice Water and Sewerage Pricing Guidelines that Council must comply with.  Policy is inconsistent with these guidelines.

Water Meters and Charges on Strata Units 1994

29-Mar-94

Manager Finance

·     Policy is prior to introduction of Best Practice Water and Sewerage Pricing Guidelines that Council must comply with.  Policy is inconsistent with these guidelines

Work Health Safety 2015

11-Jun-15

Manager People and Culture

·     Covered by other WHS Policies and Statement

 

Next steps

 

The six reports that were the subject of public access submissions at the meeting on 22 August and discussed at the Strategic Planning Workshop on 7 November 2019, will be the subject of a further report to Council in February 2020.  The policies are:

 

·    Affordable Housing on Council Owned Land 2009

·    Camphor laurel management in Byron Shire 2011

·    Commercial and other activities on public land and roads 1994

·    Interim policy on genetically modified agriculture in Byron Shire 2001

·    Positive Ageing Policy 2010

·    Youth Policy 2010

 

The final phase of the policy review for 2019 will be covered by separate reports to Council, as and when major updates become necessary, either due to statutory or legislative requirements or to update Council’s policy position where changes occur.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.2

Create a culture of trust with the community by being open, genuine and transparent

5.2.3

Provide access to publicly available corporate registers

5.2.3.4

Update and publish Council's policies online 

 

 

Legal/Statutory/Policy Considerations

 

Council is required to comply with a varying suite of corporate compliance obligations originating from sources such as:

 

·     Federal and State Based legislation, such as the Local Government Act 1993;

·     Council’s own internal policies and procedures; and

·     Obligations which Council has elected to comply with (e.g. contracts).

 

Financial Considerations

There are no financial implications raised by this project.

 

Consultation and Engagement

 

Consultation has been held with the Councillors, Executive Team, Managers and relevant Document Development Officers.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Report of the Public Art Panel meeting held on 14 November 2019

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2019/1908

Theme:                         Corporate Management

                                      Community Development

 

 

Summary:

 

A Public Art Panel meeting was held on 14 November 2019 to consider a new location for Memento Aestates, strategic priorities and planning, and the final draft of the revised Public Art Guidelines. Panel recommendations are provided for Council’s consideration.

 

  

 

RECOMMENDATION:

1.       That in relation to Memento Aestates artwork, Council:

 

a)      Supports the location of the Byron rail corridor for the artwork.

b)      Supports corten steel as the preferred material for the artwork.

c)      Supports the most recent design of the artwork and acknowledges the artist will continue to refine it.

 

2.       That in relation to the revised Public Art Guidelines, Council:

 

a)      Notes that the Panel have reviewed the draft and provided any further feedback for incorporation into the final draft; and

b)      Adopts the final draft as attached (E2019/83965).

 

3.       That in relation to implementing a proactive approach to encouraging and enabling public art across the Shire, the following strategic priorities be noted:

 

a)      Staff initiate discussions with the project team for the Suffolk Park Recreational Area about public art opportunities in the area.

b)      Staff commence scoping a plan for public artwork in the Ocean Shores area.

c)      A draft of an annual competitive grant process for public art be provided for consideration to the next Panel meeting.

d)      That budget for public art projects on water and sewer infrastructure be investigated.

 

Attachments:

 

1        Minutes 14/11/2019 Public Art Panel, I2019/1871  

2        Public Art Guidelines - draft presented to Council for adoption December 2019, E2019/83965  

 

 


REPORT

 

A Public Art Panel meeting was held on 14 November 2019 to consider a new location for Memento Aestates, strategic priorities and planning, and the final draft of the revised Public Art Guidelines.

 

The Panel made recommendations to Council as noted in the attached minutes of the meeting and as described in this report.

 

Please note that the Public Art Panel recommends that Council adopts the final version of the revised Public Art Guidelines as attached to this report.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.1

Support and encourage our vibrant culture and creativity

2.1.3

Enhance opportunities for interaction with art in public spaces

2.1.3.1

Implement Public Art Strategy

 

Legal / Statutory / Policy Considerations

 

Public Art Policy

Public Art Strategy

Public Art Guidelines and Criteria

 

Financial Considerations

 

Nil in relation to this report.

 

Consultation and Engagement

 

This report provides the minutes of the Public Art Panel, made up of 6 community representatives, 2 invited members and 2 councillors.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Review of Northern Beaches Council Gambling and Poker Machine Harm Management Strategy

Directorate:                 Corporate and Community Services

Report Author:           Emily Fajerman, Project Officer (Generalist)

File No:                        I2019/1910

                                       

 

 

Summary:

 

This report provides a review of the Northern Beaches Gambling and Poker Machine Harm Management Strategy.

 

Resolution 18-335 required Council staff to review the Northern Beaches Council Gambling and Poker Machine Harm Management Strategy that was due to be finalised in August 2018, and provide a report back to Council.

 

Gambling has not been highlighted by the community as a particular priority need thus far, however if Council were minded to give it a greater priority, the review of the Northern Beaches Council’s Strategy would inform work in the space.

 

  

 

RECOMMENDATION:

1.       That Council notes the review.

 

2.       That, if Council wishes to highlight Gambling Harm Management as a key local priority, an activity be included in the 2020 - 2021 Operational Plan under the Delivery Program Action Support Community Driven Safety Initiatives as follows: Support Gambling Harm Minimisation Initiatives.

 

Attachments:

 

1        Northern Beaches Gambling and Poker Machine Harm Management Council Policy, E2019/85154  

2        Northern Beaches Council Gambling and Poker Machine Management Plan 2018-2023, E2019/85153  

3        Analysis of Northern Beaches Councils Gambling Harm Management Policy, E2019/85156  

 

 


 

REPORT

 

A Notice of Motion (18-161) was adopted at the Ordinary Meeting of 22 March 2018:

 

Prepare a report for the May 2018 Ordinary Meeting outlining options to develop a comprehensive gambling policy to reduce the harm in the Byron Shire from the use of poker machines

 

The report went to the Ordinary Meeting of 24 May 2018 where Council resolved (18-335) that:

 

1.   Council note the report on policy options in relation to Poker Machines

 

2.   Review and receive a report on the development of the Northern Beaches Council Gambling and Poker Machine Harm Management Strategy that is due to be finalised in August 2018.

 

Northern Beaches Council adopted its Gambling and Poker Machine (EGMs) Harm Management Strategy 2018 – 2023 on 25 September 2018. This followed an extensive 8 week community consultation process.

 

Northern Beaches Council is the second council in NSW to adopt such a strategy. This is in contrast to nearly 50% of Victorian councils that have a policy or plan in place.

 

The Strategy is focused on Electronic Gambling Machines (EGMs, Poker Machines, ‘Pokies’), as current research suggests they cause the greatest harm in our communities. It acknowledges that the control of EGMs is the responsibility of the NSW Government, Department of Liquor and Gaming and recognises that councils have limited capacity to directly impact the increase of poker machine numbers in their area.

 

In light of this, the Strategy suggests that the most effective way for councils to create positive long-term impact is to lobby State and Federal Government to put further restrictions and controls in place.

 

The attached Northern Beaches Policy Statement focusses on the harm caused by EGM gambling; the benefits of harm minimisation strategies and evidence-based approaches; the role of local councils in lobbying, education and advocacy and the need for effective collaboration. This is supported by extensive research summarised in the policy documents.

 

The actions in the Northern Beaches Strategy include:  

 

·        Advocacy and Lobbying to State and Federal Ministers

·        Seeking to engage Local Government  NSW in research and lobbying efforts

·        Carrying out local impact assessment for each request for an increase in EGMs

·        Community Education on the harms of gambling and services available to support those affected

·        Working with clubs to ensure fair and equitable distribution of Club Grant funding to a range of community organisations

·        Provide Community Leadership by exploring the option of banning future advertising of gambling on its buildings and properties and in any form of sponsorship.

·        Providing Community Leadership by assessing the potential harms from gambling when applying or renewing leases on Council property, and where suitable, implement appropriate clauses in a lease to restrict EGMs

 

The Alliance of Gambling Reform (AGR) assessed the Strategy and supporting documentation .

 

Key issues

 

Ongoing community consultation has identified a range of priority community issues in Byron Shire, primarily:

 

·        homelessness,

·        affordable housing, and

·        mental health.

 

Consultation to date has not identified gambling as a high priority area for Council’s operational work.   

 

While acknowledging that EGMs generate significant harm for a proportion of the community, development of a dedicated Strategy or gambling harm minimisation initiatives should be considered within a broader context of local priorities.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

There is currently no Operation Plan activity related to gambling harm minimization initiatives.

 

If identified as a priority, a new activity can be considered  as part of the development of the 2020/2021 Operational Plan.

 

Legal/Statutory/Policy Considerations

 

Nil

 

Financial Considerations

 

Nil

 

Consultation and Engagement

 

Nil


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Submission to Office of Local Government - Discussion Paper - A New Risk Management and Internal Audit Framework for Local Councils in NSW

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Planning and Improvement Coordinator

Emma Fountain, Strategic Risk & Business Continuity Coordinator

File No:                        I2019/1924

                                       

 

 

Summary:

 

The Local Government Act 1993 was amended in August 2016 to require each council and joint organisation in NSW to appoint an audit, risk and improvement committee (ARIC).

 

The Office of Local Government (OLG) has developed a draft internal audit and risk management framework to support and inform the operations of ARICs. The proposed framework is based on international standards and the experience of Australian and NSW Government public sector agencies who have already implemented risk management and internal audit, and has been adapted to reflect the unique needs and structure of NSW councils and joint organisations.

 

OLG has issued a discussion paper, “A New Risk Management and Internal Audit Framework for Local Councils in NSW” which sets out the proposed framework in detail and a “snapshot” guide that summarises its key elements. The OLG is seeking submissions on the framework by 31 December 2019.

 

Following an internal review and consultation with the Audit, Risk and Improvement Committee, a submission to OLG has been prepared and is attached to this report (E2019/83762).

 

  

 

RECOMMENDATION:

1.       That Council considers the discussion paper, “A New Risk Management and Internal Audit Framework for Local Councils in NSW”

 

2.       That Council makes a submission to the Office of Local Government during the submission period covering the considerations outlined in this report.

 

Attachments:

 

1        A new risk management and internal audit framework for local councils in NSW - snapshot guide, E2019/76197  

2        A new risk management and internal audit framework for local councils in NSW - discussion paper, E2019/76198  

3        Submission to Office of Local Government (OLG) - A New Risk Management and Internal Audit Framework - Discussion Paper, E2019/83762  

 

 


 

REPORT

 

The Local Government Regulation will provide for a Model Internal Audit Charter and Model Terms of Reference for Audit, Risk and Improvement Committees which all councils must adopt and comply with. The discussion paper describes the key requirements that will ultimately be prescribed by the Local Government (General) Regulation 2005.

 

The NSW Government’s objective is to ensure that councils have:

 

·     an independent ARIC that adds value to the council

·     a robust risk management framework

·     an effective internal audit function

 

Councils will have until March 2021 to establish their Audit, Risk and Improvement Committees in line with the regulatory requirements proposed in the discussion paper. It is proposed that councils will then have a further 18 months, until December 2022, to establish and resource their internal audit function and risk management framework (guided by the Audit, Risk and Improvement Committee).

 

It is expected that over time, as resources allow, the role of each Council’s Audit, Risk & Improvement Committee will be expanded to include compliance, fraud control, financial management, governance, integrated planning and reporting, service reviews and performance management, with full compliance achieved by 2026.

 

 

Core Requirements

 

The discussion paper outlines nine core requirements that councils will be required to comply with when establishing their Audit, Risk and Improvement Committee, risk management framework and internal audit function.

 

Core requirement 1:   Appoint an independent Audit, Risk and Improvement Committee (must be independent members from prequalified panel (i.e. no Councillors))

Core requirement 2:   Establish a risk management framework consistent with current Australian risk management standards

Core requirement 3:   Establish an internal audit function mandated by an Internal Audit Charter

Core requirement 4:   Appoint internal audit personnel and establish reporting lines

Core requirement 5:   Develop an agreed internal audit work program

Core requirement 6:   How to perform and report internal audits

Core requirement 7:   Undertake ongoing monitoring and reporting 

Core requirement 8:   Establish a quality assurance and improvement program

Core requirement 9:   Councils can establish shared internal audit arrangements

 

Key considerations from the discussion paper

 

Implications for Joint Organisation

 

The framework will apply to councils, county councils, and joint organisations, meaning that the Northern Rivers Joint Organisation will be required to have an ARIC. There are potential opportunities to establish a shared ARIC with the joint organisation and its member councils.

 

Implications for Membership

 

The ARIC is to comprise of three to five independent members who are prequalified via the NSW Government’s Prequalification Scheme: Audit and Risk Committee Independent Chairs and Members.

 

ARIC members and the Chair are to serve a three to five-year term. A member’s term cannot exceed eight years and the Chair’s term cannot exceed five years.

 

All ARIC members must be independent. To be classified as ‘independent’, a member must be:

 

1.    Free of any relationships that could be perceived to result in bias or a conflict of interest or interfere with their ability to act independently.

2.    Selected from the panel of prequalified audit and risk committee independent chairs and members administered by the NSW Government.

 

Further details on specific exclusions and requirements are provided on page 36-37 of Attachment 1, but notably, under the new regulations Councillors would not be members of the Audit, Risk, and Improvement Committee.

 

The discussion paper outlines recommended fees to be paid to Audit, Risk, and Improvement Committee members, while noting that members will be able to serve on Audit, Risk, and Improvement Committees on a voluntary basis. The suggested member fee for a council the size of Byron Shire is $1,621 per meeting date including preparation time and $16,213 per annum for the Chair.

 

The proposed submission response below includes comment on the membership and fee proposals.

 

Reporting Lines

 

ARIC is to have direct and unrestricted access to the General Manager, senior management and staff and contractors of the council in order to perform its role. ARIC is also to have direct and unrestricted access to the council resources and information it needs to perform its role.

 

The General Manager is to appoint a Chief Audit Executive (CAE) to oversee internal audit activities. The CAE is to report functionally to ARIC and administratively to the GM. In Byron Shire it is likely that this role would be undertaken by the Director Corporate & Community Services.

 

An Annual Assurance Report to the governing body of the council is to be prepared and be assessed by an external party at least once each council term.

 

Implications for Risk Management

 

Council is required to establish a risk management framework that is consistent with current Australian standards for risk management which includes the implementation of a risk management policy, risk management plan and risk management process.

 

Council is to fully integrate risk management into its decision making, operational and integrated planning and reporting processes and formally assign risk management responsibilities to the GM, senior managers and other council staff and ensure accountability.

 

The General Manager is to appoint a Risk Management Coordinator who will be responsible for the operational activities required to implement the risk management framework and provide specialist risk management skills and knowledge. The Risk Management Coordinator will report directly to the GM or other member of senior management of Council in relation to Council’s risk management function.

 

Byron Shire is already well advanced on the path of establishing an appropriate risk management framework as outlined above and already has a Risk Management Coordinator.

 

The risk management framework is to be regularly monitored and reviewed, with ARIC providing independent assurance of risk management activities. 

 

The GM is to attest to Council’s compliance with the risk management requirements in the Annual Report.

 

Next steps

 

Submissions to the Office of Local Government (OLG) are to be made in writing by 31 December 2019. OLG has suggested consideration of the following questions to inform submissions:

 

·     Will the proposed framework achieve the outcomes sought?

·     What challenges do you see for your council when implementing the proposed framework?

·     Does the proposed framework include all important elements of an effective internal audit and risk framework?

·     Is there anything you don’t like about the proposed framework?

·     Can you suggest improvements to the proposed framework?

 

A submission has been prepared (Attachment 3 - E2019/83762) in accordance with the key points of feedback, outlined below:

 

Will the proposed framework achieve the outcomes sought?

·      The proposed framework will assist Council to improve its internal audit and risk management framework, noting that Byron already has a number of the measures in place

What challenges do you see for your council when implementing the proposed framework?

·      Councillors have a valuable role on ARIC which provides them with opportunities to understand the audit and risk process and monitor outcomes. Council believes that to lose this opportunity would be detrimental 

·      Sourcing ARIC members that meet the independence and prequalification requirements may also be a challenge

·      Rotating ARIC members when the pool is potentially small

·      As proposed the framework creates ambiguity between the roles, responsibilities, and authority between the administration, elected body and ARIC. For example: What is the process if Council rejects recommendations from its ARIC?

Does the proposed framework include all important elements of an effective internal audit and risk framework?

·      Council considers the proposed framework covers all important elements of an effective internal audit and risk management framework  

Is there anything you don’t like about the proposed framework?

·      Overall Council is supportive of the proposed framework and is on track to meet the requirements within the proposed timeframes.

·      Council has concerns with the lack of flexibility for councils to establish membership guidelines that are suitable to individual locations, organisations and operations.

·      Council also has concerns with the proposed extension of functions of Audit Risk & Improvement Committees, noting that the full scope is very broad and may prove unmanageable in terms of the amount of work the ARIC is realistically able to cover. Council already has established mechanisms to monitor financial management.

Can you suggest improvements to the proposed framework?

·      Council submits that consideration should be given to creating a sliding scale for payment of fees to ARIC members during the transition phase, commensurate with the actual functions performed. There is an expectation that the role of the ARIC will expand over time to cover a range of functions with full compliance achieved by 2026 but there is no differentiation in the fees between an established ARIC that is or will be fully compliant ahead of the proposed timelines and an ARIC that has a limited focus whilst that council is developing its internal functions in line with its resources and capabilities.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.6

Manage Council’s resources sustainably

5.6.7

Develop and embed a proactive risk management culture 

5.6.7.4

Manage Audit, Risk and Improvement program including coordinating committee recommendations

 

 

Legal/Statutory/Policy Considerations

 

The operation of sections 428A and 428B of the Local Government Act will be supported by new regulations in the Local Government (General) Regulation 2005.

 

Financial Considerations

 

Not applicable at this stage.

 

Consultation and Engagement

 

Internal feedback from relevant officers and from the Executive Team was has informed the proposed submission. Further, the Audit, Risk and Improvement Committee considered the discussion paper at its 14 November meeting and provided feedback to the draft submission prior to the report being prepared for Council.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Investments - 1 November 2019 to 30 November 2019

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2019/1979

                                       

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the period 1 November 2019 to 30 November 2019 for Council’s information. 

 

This report is prepared to comply with Regulation 212 of the Local Government (General) Regulation 2005.

 

  

 

RECOMMENDATION:

That the report listing Council’s investments and overall cash position as at 30 November 2019 be noted.

 

 

 


 

REPORT

 

Council has continued to maintain a diversified portfolio of investments. At 30 November, the average 90 day bank bill rate (BBSW) for the month of November 2019 was 0.91%. Council’s performance to 30 November was 1.95%. This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits, bonds and purchasing floating rate notes with attractive interest rates.  It should be noted that as investments mature, Council’s % return will start to decrease due to the lower rates available in the current market.

 

The table below identifies the investments held by Council as at 30 November 2019

 

Schedule of Investments held as at 30 November 2019

 

Purch Date

Principal ($)

Description

CP*

Rating

Maturity Date

No Fossil Fuel 

Type

Interest Rate Per Annum

Current Value

24/03/17

1,000,000

NAB Social Bond (Gender Equality)

Y

AA-

24/03/22

Y

B

3.25%

1,044,263.16

15/11/18

980,060

NSW Treasury Corp (Green Bond)

N

AAA

15/11/28

Y

B

3.00%

1,108,880.00

20/11/18

1,018,290

QLD Treasury Corp (Green Bond)

N

AA+

22/11/24

Y

B

3.00%

1,077,720.00

28/03/19

1,000,000

National Housing Finance & Investment Corporation

Y

AAA

28/03/29

Y

B

2.38%

1,062,980.00

21/11/19

1,000,250

NSW Treasury Corp (Sustainability Bond)

N

AAA

20/03/25

Y

B

1.25%

1,000,250.00

27/11/19

500,000

National Housing Finance & Investment Social Bond

N

AAA

27/05/30

Y

B

1.57%

500,000.00

31/03/17

1,000,000

CBA Climate Bond

Y

AA-

31/03/22

Y

FRN

3.01%

1,008,850.00

 

16/11/17

750,000

Bank of Queensland

Y

BBB+

16/11/21

N

FRN

2.97%

753,667.50

30/08/18

500,000

Bank Australia Ltd (Sustainability Bond)

Y

BBB+

30/08/21

Y

FRN

3.17%

502,795.00

07/12/18

2,000,000

Credit Union Australia

Y

BBB

07/12/20

Y

TD

3.02%

2,000,000.00

13/12/18

1,000,000

Summerland Credit Union

Y

NR

13/12/19

Y

TD

3.01%

1,000,000.00

05/01/19

2,000,000

NAB

N

AA-

06/01/20

N

TD

2.75%

2,000,000.00

18/01/19

1,000,000

Westpac

Y

AA-

16/01/20

N

TD

2.73%

1,000,000.00

30/01/19

1,000,000

Defence Bank

Y

BBB

30/01/20

Y

TD

2.85%

1,000,000.00

04/02/19

1,000,000

Summerland Credit Union

N

NR

04/02/20

Y

TD

2.95%

1,000,000.00

06/03/19

1,000,000

Bananacoast Credit Union

Y

NR

04/03/20

Y

TD

2.90%

1,000,000.00

04/06/19

2,000,000

Beyond Bank Australia

Y

NR

06/12/19

Y

TD

2.40%

2,000,000.00

04/06/19

1,000,000

AMP Bank

Y

BBB

03/12/19

N

TD

2.45%

1,000,000.00

24/06/19

2,000,000

NAB

N

AA-

20/01/20

N

TD

1.90%

2,000,000.00

28/06/19

2,000,000

Bankwest

Y

AA-

27/12/19

N

TD

1.90%

2,000,000.00

28/06/19

2,000,000

Bank of Queensland

N

BBB+

24/01/20

N

TD

2.10%

2,000,000.00

01/07/19

1,000,000

Police Credit Union Limited (SA)

Y

NR

03/01/20

Y

TD

2.23%

1,000,000.00

03/07/19

1,000,000

Australian Military Bank

Y

NR

02/07/20

Y

TD

2.12%

1,000,000.00

04/07/19

1,000,000

NAB

N

AA-

30/03/20

N

TD

1.95%

1,000,000.00

24/07/19

1,000,000

Bankwest

N

AA-

24/01/20

N

TD

1.85%

1,000,000.00

30/07/19

2,000,000

AMP Bank

N

BBB

28/01/20

N

TD

2.20%

2,000,000.00

01/08/19

2,000,000

NAB

N

AA-

02/12/19

N

TD

1.80%

2,000,000.00

06/08/19

2,000,000

Bankwest

N

AA-

06/12/19

N

TD

1.70%

2,000,000.00

15/08/19

1,000,000

Maitland Mutual Building Society

Y

NR

12/02/20

Y

TD

1.78%

1,000,000.00

16/08/19

1,000,000

ME Bank

Y

BBB

12/02/20

Y

TD

1.73%

1,000,000.00

26/08/19

1,000,000

Suncorp

Y

A+

21/02/20

Y

TD

1.62%

1,000,000.00

27/08/19

2,000,000

Bank of Queensland

N

BBB+

27/02/20

N

TD

1.75%

2,000,000.00

27/08/19

1,000,000

AMP Bank

N

BBB

26/08/20

N

TD

1.80%

1,000,000.00

29/08/19

1,000,000

Macquarie Bank

Y

A

25/02/20

N

TD

1.80%

1,000,000.00

02/09/19

1,000,000

Maitland Mutual Building Society

N

NR

02/12/19

Y

TD

1.75%

1,000,000.00

03/09/19

2,000,000

Macquarie Bank Ltd

N

A

02/03/20

N

TD

1.75%

2,000,000.00

04/09/19

1,000,000

Australian Military Bank

N

NR

02/03/20

Y

TD

1.70%

1,000,000.00

10/09/19

2,000,000

NAB

N

AA-

09/12/19

N

TD

1.72%

2,000,000.00

25/09/19

1,000,000

TCorp Green Deposit

N

AAA

25/03/20

N

TD

1.00%

1,000,000.00

25/09/19

2,000,000

NAB

N

AA-

24/09/20

N

TD

1.60%

2,000,000.00

30/09/19

1,000,000

NAB

N

AA-

28/01/20

N

TD

1.68%

1,000,000.00

08/10/19

1,000,000

NAB

N

AA-

06/04/20

N

TD

1.93%

1,000,000.00

08/10/19

1,000,000

My State Bank

Y

NR

06/02/20

Y

TD

1.70%

1,000,000.00

21/10/19

2,000,000

NAB

N

AA-

21/04/20

N

TD

1.57%

2,000,000.00

25/10/19

2,000,000

NAB

N

AA-

25/02/20

N

TD

1.60%

2,000,000.00

29/10/19

1,000,000

ME Bank

N

BBB

28/07/20

Y

TD

1.58%

1,000,000.00

30/10/19

1,000,000

My State Bank

N

NR

29/01/20

Y

TD

1.70%

1,000,000.00

30/10/19

2,000,000

Macquarie Bank Ltd

N

A

29/04/20

N

TD

1.60%

2,000,000.00

04/11/19

1,000,000

NAB

N

AA-

03/02/20

N

TD

1.58%

1,000,000.00

06/11/19

1,000,001

AMP Bank

N

BBB

06/05/20

N

TD

1.75%

1,000,001.00

07/11/19

2,000,000

NAB

N

AA-

06/04/20

N

TD

1.58%

2,000,000.00

08/11/19

2,000,000

Suncorp

N

A

04/08/20

Y

TD

1.60%

2,000,000.00

25/11/19

1,000,000

AMP Bank

N

BBB

25/05/20

N

TD

1.90%

1,000,000.00

27/11/19

1,000,000

Coastline Credit Union

Y

NR

26/11/20

Y

TD

1.80%

1,000,000.00

28/11/19

2,000,000

Macquarie Bank Ltd

N

A

12/03/20

N

TD

1.60%

2,000,000.00

N/A

706,211.67

CBA Business Saver

N

AA-

N/A

N

CALL

1.20%

706,211.67

N/A

3,563,370.52

NSW Treasury Corp

N

AAA

N/A

Y

CALL

1.30%

3,563,370.52

Total

77,018,183.19                                                                                                                                                                             

 

 

 

 

 

AVG

1.95%

77,328,988.85

 

Note 1.

CP = Capital protection on maturity

 

N = No Capital Protection

 

Y = Fully covered by Government Guarantee

 

P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

 

 

Note 2.

No Fossil Fuel ADI

 

Y = No investment in Fossil Fuels

 

N = Investment in Fossil Fuels

 

U = Unknown Status

 

Note 3.

Type

Description

 

 

B

Bonds

Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter.

 

FRN

Floating Rate Note

Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter.

 

TD

Term Deposit

Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term.

 

CALL

Call Account

Principal varies due to cash flow demands from deposits/withdrawals, interest is payable on the daily balance.

 

Environmental and Socially Responsible Investing (ESRI)

 

An additional column has been added to the schedule of Investments to identify if the financial institution holding the Council investment has been assessed as a ‘No Fossil Fuel’ investing institution. This information has been sourced through www.marketforces.org.au and identifies financial institutions that either invest in fossil fuel related industries or do not. The graph below highlights the percentage of each classification across Council’s total investment portfolio in respect of fossil fuels only.

 

The notion of Environmental and Socially Responsible Investing is much broader than whether a financial institution as rated by ‘marketforces.org.au’ invests in fossil fuels or not. Council’s current Investment Policy defines Environmental and Socially Responsible Investing at Section 4.1 of the Policy which can be found on Council’s website.

 

 

Council has two investments with financial institutions that invest in fossil fuels but are nevertheless aligned with the broader definition of Environmental and Socially Responsible investments i.e.:

 

1.  $1,000,000 investment with the National Australia Bank maturing on 24 March 2022 known as a Social Bond that promotes Gender Equity.

 

2.  $1,000,000 investment with Commonwealth Bank maturing on 31 March 2022 known as a Climate Bond.

 

New Environmental and Socially Responsible Investments (ESRI) November 2019

 

During November 2019, Council was able to secure two new ESRI Investments as follows:

 

1.  NSW Treasury Corporation Sustainability Bond.  Investment proceeds for the Sustainability Bond are to be invested into sustainable water and wastewater projects, a transport access program and the construction of nine new schools and upgrades to a further 19 schools.  Council was able to secure a $1,000,000 investment in this Bond. The Bond issuance was looking to raise $1.8billion and firm offers in excess of $2.25billion were received.

 

2.  The National Housing Finance and Investment CorporationSocial Bond.  Investment proceeds are to finance or refinace a protfolio of assets and projects associated with affordable housing. Council was looking to secure a $1,000,000 investment in this Bond but was only able to secure $500,000. The Bond issuance was looking to raise $315million and firm offers of in excess of $1.235billiob were received.

 

Investment Policy Compliance

 

The above table identifies compliance with Council’s Investment Policy by the proportion of the investment portfolio invested with financial institutions, along with their associated credit ratings compared to parameters in the Investment Policy. The parameters are designed to support prudent short and long-term management of credit risk and ensure diversification of the investment portfolio. Note that the financial institutions currently offering investments in the ‘ethical’ area are still mainly those with lower credit ratings (being either BBB or not rated at all i.e. credit unions).

 

Associated Risk

 

Moving more of the investment portfolio into the ‘ethical’ space will lower the credit quality of the investment portfolio overall and continue to increase the organisation’s credit risk (i.e. exposure to potential default). To monitor this issue the ‘Investment Policy Compliance’ table is now produced for each monthly Investment Report to Council.

 

The investment portfolio is outlined in the table below by investment type for the period 1

November 2019 to 30 November 2019:

 

Dissection of Council Investment Portfolio as at 30 November 2019

 

Principal Value ($)

Investment Linked to:

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

65,000,001.00

Term Deposits

65,000,001.00

0.00

2,250,000.00

Floating Rate Note

2,265,312.50

15,312.50

706,211.67

Business On-Line Saver (At Call)

706,211.67

0.00

3,563,370.52

NSW Treasury Corp (T Corp)

3,563,370.52

0.00

5,498,600.00

Bonds

5,794,093.16

295,493.16

77,018,183.19

 

77,328,988.85

310,805.66

 

The current value of an investment compared to the principal value (face value or original purchase price) provides an indication of the performance of the investment without reference to the coupon (interest) rate. The current value represents the value received if an investment was sold or traded in the current market, in addition to the interest received.

 

The table below provides a reconciliation of investment purchases and maturities for the period of 1 November 2019 to 30 November 2019 on a current market value basis. 

 

Movement in Investment Portfolio – 30 November 2019

 

Item

Current Market  Value (at end of month) $

Opening Balance at 1 November 2019

77,328,738.85

Add: New Investments Purchased

11,500,251.00

Add: Call Account Additions

1,000,000.00

Add: Interest from Call Account

0.00

Less: Investments Matured

11,000,001.00

Add: T Corp Additions

0.00

Add: Interest from T Corp

0.00

Less: Call Account Redemption

1,500,000.00

Less: T Corp Redemption

0.00

Less: Fair Value Movement for period

0.00

Closing Balance at 30 November 2019

77,328,988.85

 

Term Deposit Investments Maturities and Returns – 1 November 2019 to 30 November 2019

 

Principal Value ($)

Description

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

1,000,001

AMP Bank

06/11/2019

91

1.90%

4,736.99

2,000,000

Suncorp

08/11/2019

273

2.75%

41,136.99

1,000,000

NAB

04/11/2019

90

1.83%

4,512.33

1,000,000

AMP Bank

25/11/2019

182

2.45%

12,216.44

2,000,000

NAB

07/11/2019

90

1.80%

8,876.71

1,000,000

Auswide Bank LTD

12/11/2019

92

2.03%

5,116.71

1,000,000

ME Bank

13/11/2019

91

1.78%

4,437.81

2,000,000

Macquarie Bank Ltd

26/11/2019

90

1.85%

9,123.29

11,000,001

 

 

 

 

90,157.27

         

Council’s overall ‘cash position’ is not only measured by what funds Council has invested but also by what funds Council has retained in its consolidated fund or bank account for operational purposes. In this regard, for the month of November 2019 the table below identifies the overall cash position of Council as follows:

 

Dissection of Council Cash Position as at 30 November 2019

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

65,000,001.00

65,000,001.00

0.00

Floating Rate Note

2,250,000.00

2,265,312.50

15,312.50

Business On-Line Saver (At Call)

706,211.67

706,211.67

0.00

NSW Treasury Corp (T Corp)

3,563,370.52

3,563,370.52

0.00

Bonds

5,498,600.00

5,794,093.16

295,493.16

Total Investment Portfolio

77,018,183.19

77,328,988.85

310,805.66

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

4,226,313.82

4,226,313.82

0.00

Total Cash at Bank

4,226,313.82

4,226,313.82

0.00

 

 

 

 

Total Cash Position

81,244,497.01

81,555,302.67

310,805.66

 

STRATEGIC CONSIDERATIONS

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.5

Manage Council’s finances sustainably

5.5.2

Ensure the financial integrity and sustainability of Council through effective planning and reporting systems (SP)

5.5.2.5

Identification of ethical investment opportunities with environmental and social inclusion outcomes

 

Legal/Statutory/Policy Considerations

 

In accordance with Regulation 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies Council has invested under section 625 of the Local Government Act 1993.

 

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported. The current Council Meeting cycle does not always allow this to occur, especially as investment valuations required for the preparation of the report are often received after the deadline for the submission of reports. Endeavours are being made to achieve a better alignment and for some months this will require reporting for one or more months.

 

Council’s investments are made in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Minister’s Order – Forms of Investment, last published in the Government Gazette on 11 February 2011.

 

Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

 

Financial Considerations

 

Council uses a diversified mix of investments to achieve short, medium and long-term results.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                   13.9

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.9           Sustainable Visitation Strategy - Project update

Directorate:                 Sustainable Environment and Economy

Report Author:           Sarah Workman, Tourism Officer

Lisa Richards, Tourism Officer

File No:                        I2019/905

                                       

 

 

Summary:

 

Council is currently finalising a draft Byron Shire Sustainable Visitation Strategy 2020-2030 (SVS) which is based on research and engagement from the community, visitors, stakeholders and industry and aims to establish Byron Shire as a leading sustainable tourism destination.

 

It is written in line with the Global Sustainable Tourism Council’s destination criteria for sustainable tourism, recognising the impacts visitation has on our environment and the community whilst also supporting our tourism economy. This new approach to Strategy development sees Council looking to the future of tourism in the Shire for the next ten years and valuing what our community see as priorities.

 

The following report provides an update on the Sustainable Visitation Strategy.

 

  

 

RECOMMENDATION:

That Council note the staff update on the Byron Shire 2020 – 2030 Sustainable Visitation Strategy.

 

 

 

 


 

REPORT

 

Council is currently finalising a draft Byron Shire Sustainable Visitation Strategy 2020-2030 (SVS) which is based on research and engagement from the community, visitors, stakeholders and industry and aims to establish Byron Shire as a leading sustainable tourism destination.

 

This report provides an outline of the following work completed to date:

 

1.       The research and engagement undertaken to develop the strategy

2.       Development of a SVS framework and vision

3.       Revised project timeline and next steps

 

Web link:

 

https://www.byron.nsw.gov.au/Business/Business-in-Byron/Tourism/Talking-Future-Tourism-Sustainable-Visitation-Strategy-2020-2030

 

Research and Engagement

 

The following outlines the primary and secondary research conducted to inform the strategy, which occurred from February to August 2019.

 

Primary Research and Engagement:

 

1.       Talking Future Tourism Kitchen Table Handbook and Discussions

a.       11 facilitated community sessions

b.       1200 individual responses received from community members

 

2.       Visitor Focus Groups

a.       3 focus groups held

b.       Topics reflected content in the kitchen table handbook

 

3.       Stakeholder Interviews

a.       20 interviews held with Council staff impacted by the visitor economy

 

4.       Byron Shire Accommodation Audit

a.       An audit of accommodation and capacity was conducted

 

5.       Byron Shire Tourism Product Audit

a.       An audit of tourism attractions, restaurants, wellness centres and activities were undertaken.

 

6.       Community Solutions Panel  

a.       A group of 26 randomly selected residents and/or ratepayers met over three weekends to discuss the following – what actions can Council take to align visitor behaviour with community values?

 

Secondary Research:

 

1.       Tourism Research Australia – National and International Visitor Surveys

2.       ID Profile – Byron Shire Economic Profile

3.       Tourism reports from other Local Government Areas including Waverly, Noosa, Blue Mountains, Kangaroo Island and Shoalhaven.

4.       Future tourism trends and case studies.

 

Values and Principles from Engagement

 

The following values and principles as expressed by our community through the engagement process will underpin the SVS vision, strategies and actions.

 

1.       Respect of community, nature, others and self

 

2.       Appreciation of culture, nature and social diversity

 

3.       Conservation of the natural environment and biodiversity

 

4.       Welcoming all and acceptance of diversity

 

5.       Balance between economy, society, culture and environment

 

6.       Acceptance of indigenous, historical and spiritual cultures

 

7.       Live in harmony and safety

 

8.       Work life balance that embrace activity and healthy and sustainable lifestyles

 

9.       Embracing education, innovation and enlightenment

 

10.     Balance between the laid-back and relaxed lifestyle with the engaged activism.

 

The research and feedback from the engagement is being incorporated into the draft SVS to be presented to Council at its meeting in February 2020.

 

Sustainable Visitation Strategy Framework – Summary

 

The SVS is divided into four key areas, which covers background information, the Byron Shire community profile, tourism facts and figures, key themes and the action plan. A summary of the SVS contents page is provided below.

 

SECTION 1- Sustainable Tourism and the Sustainable Visitation Strategy

 

1.1       Introduction

1.2       Our Vision

1.3       Key Changes to the Byron Shire Visitor Economy

1.4       Tourism Management Plan 2008-2018 Achievements     

1.5       Preparing for the Next Ten Years- Sustainable Tourism and Our Byron Shire Sustainable Visitation Strategy

1.6       What is the Global Sustainable Tourism Council?

1.7       Engagement and Research for Informing the Strategy

SECTION 2- Byron Shire Profile

 

2.1       Our People and Our Land

2.2       Community Profile

2.3       Community Values and Guiding Principles

2.4       Government Legislation, Regulations and Activities

 

SECTION 3- Sustainable Tourism in Byron Shire

 

3.1       Tourism Facts and Figures

3.2       Accommodation Summary

3.3       Tourism Product Inventory

3.4       Emerging Trends and Drivers of Change

 

SECTION 4 Sustainable Visitation Strategy Themes:

 

1.         Leadership and Coordination

2.         Funding

3.         Marketing

4.         Culture

5.         Events

6.         Environment

7.         Transport, Infrastructure and Open Spaces

8.         Planning

Example of how each section will be laid out:

SECTION 4.1 – Leadership and Coordination

4.1.1 Background and Engagement

4.1.2 Case studies

4.1.3 Case study learnings for Byron Shire

4.1.4 Strategies

4.1.5 Actions

4.1.6 GSTC Compliance Criteria

4.8.4 Strategies

4.8.5 Actions

4.8.6 GSTC Compliance Criteria

 

SECTION 5 - ACTION PLAN

 

SVS Vision

 

To ensure the SVS is written in full collaboration with the community, engagement is underway to develop the vision for the SVS. The community is providing feedback through Bang the Table and awareness is being raised through Council’s website and social media channels. Feedback closes on 20 December 2019 and this feedback will be used to present the SVS vision to Council in February 2020.

 

A link to community call-out for feedback on the visions statement for the SVS is below:

 

https://www.yoursaybyronshire.com.au/talking-future-tourism

 

One example vision developed through a recent Councillor workshop with staff follows:

 

Byron Shire supports a visitor economy that cares for and respects our residents, protects our natural environment, celebrates our cultural diversity and shares our social values.

 

Next steps

 

The following table shows the key timelines for the SVS.

 

Task

Delivery

Community engagement on the SVS vision

28 November to 20 December 2019

SVS draft considered by Council and approval provided to proceed to public exhibition

February 2020

SVS on public exhibition

February/March 2020

Final draft SVS considered by Council and adopted

May 2020

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 4:   We manage growth and change responsibly

4.4

Promote and support local business development, education and employment opportunities

4.4.1

Build a tourism industry that delivers local and regional benefits in line with the community’s values

4.4.1.1

Develop a new Byron Shire Sustainable Visitation Plan

 

Legal/Statutory/Policy Considerations

 

Planning, Environment and Local Government legislation.

 

Financial Considerations

 

Funded within existing operational budget.

 

Consultation and Engagement

 

Consultation and engagement provided in body of report.  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.10

 

 

Report No. 13.10         Climate Emergency Response - update on Resolution 19-341

Directorate:                 Sustainable Environment and Economy

Report Author:           Sharyn French, Manager Environmental and Economic Planning

File No:                        I2019/1489

                                       

 

 

Summary:

 

Council resolved (Res. 19-341) at its Ordinary Meeting 27 June 2019 the following matters in relation to Council’s Climate Emergency Response.  This report accords with item vii of this resolution to ‘report to Council on the outcome of actions (i-vi) in December 2019’.

 

1.       That Council note the report Byron Shire Climate Emergency Response.

 

2.       That Council endorse the following actions as the result of the report:

i.        Include an action in the Operational Plan FY2019/20 about a ‘Climate Emergency Plan’;

ii.       Hold a facilitated workshop between Councillors and the Executive Team to better understand and articulate what ‘climate emergency’ means in the Byron Shire context, and available mechanisms and resourcing for stronger action;

iii.      Establish a Climate Emergency Cluster Group as defined in the body of the report;

iv.      Undertake a review of relevant climate policy and literature to establish an overarching framework for attracting grant funding and developing and delivering climate adaptation projects;

v.       In concert with item (iv) undertake a review of all Council programs to ensure alignment with our Climate Emergency commitment;

vi.      Request ADAPT NSW to deliver Council and community workshops on ADAPT NSW/NCERA workshop outcomes; and

vii.     Report to Council on the outcome of actions (i-vi) in December 2019.

 

3.       That the Climate Emergency Group continues its role as a subgroup of the SERAC and provides representation to the Climate Emergency Cluster Group. 

 

  

 

RECOMMENDATION:

1.       That Council note the response to items 2.iv &.v of resolution 19-341 which includes a gap analysis of Council programs in Attachment 2 (E2019/86487), which will be further developed to inform the proposed Action Tank workshop.

 

2.       That Council request staff to convene an Action Tank workshop in the new year to advance the development of the Climate Change Adaptation Plan to be reported to Council within six months of the workshop.

 

3.       That Council fund the Action Tank Workshop and development of the Climate Change Adaptation Plan by allocating $60,000 from the Land and Natural Environment Reserve.

 

Attachments:

 

1        Climate Emergency Workshop outcomes, 6 September 2019, E2019/67841  

2        Response to item 2.iv & v of resolution 19-341 for Report to Council Meeting 12 Dec 2019, E2019/86487  

 


 

REPORT

 

Council at the 27 June 2019 meeting resolved:

 

Resolution 19-341:

1.       That Council note the report Byron Shire Climate Emergency Response.

 

2.       That Council endorse the following actions as the result of the report:

i.        Include an action in the Operational Plan FY2019/20 about a ‘Climate Emergency Plan’;

ii.       Hold a facilitated workshop between Councillors and the Executive Team to better understand and articulate what ‘climate emergency’ means in the Byron Shire context, and available mechanisms and resourcing for stronger action;

iii.      Establish a Climate Emergency Cluster Group as defined in the body of the report;

iv.      Undertake a review of relevant climate policy and literature to establish an overarching framework for attracting grant funding and developing and delivering climate adaptation projects;

v.       In concert with item (iv) undertake a review of all Council programs to ensure alignment with our Climate Emergency commitment;

vi.      Request ADAPT NSW to deliver Council and community workshops on ADAPT NSW/NCERA workshop outcomes; and

vii.     Report to Council on the outcome of actions (i-vi) in December 2019.

 

3.       That the Climate Emergency Group continues its role as a subgroup of the SERAC and provides representation to the Climate Emergency Cluster Group. 

 

This report provides an update on item 2 parts i-vi.

 

2(i)    Include an action in the Operational Plan FY2019/20 about a ‘Climate Emergency Plan’

 

Complete - action has been included in the OP.

 

2 (ii) Hold a facilitated workshop between Councillors and the Executive Team to better understand and articulate what ‘climate emergency’ means in the Byron Shire context, and available mechanisms and resourcing for stronger action

 

The workshop was held on 6 September 2019 and was proceeded by a presentation open to the public by Dr Joelle Gergis, Senior Lecturer in Climate Science at Australian National University.

 

Dr Gergis is an internationally-recognised climate scientist in Australian and Southern Hemisphere climate variability and member of the Climate Council, who spoke about the latest reports, climate science and what it means to communities like Byron Shire.

 

The Councillor and staff workshop considered what other councils’ are doing regarding climate emergency, the ADAPT NSW North Coast Enabling Regional Adaptation report (NERA), what climate emergency means and the areas in which council can have the most impact out of the nine regional systems identified in NERA:

 

1.    Settlements and land-use planning

2.    Resilient communities

3.    Cultural heritage

4.    Biodiversity

5.    Emergency management

6.    Food and agriculture

7.    Infrastructure and water

8.    Energy

9.    Tourism

 

Attachment 1 includes the workshop outcomes which will be used to inform the proposed Action Tank workshop in the New Year.

 

2(iii)  Establish a Climate Emergency Cluster Group as defined in the body of the report

 

The formation of a Cluster Group was discussed at the above facilitated workshop and it was decided that the role of the cluster group would be to participate in an Action Tank two to three day enquiry by design style facilitated workshop to provide recommendations and feasible actions to Council to inform our Climate Change Adaptation Plan to be delivered within 6 months.

 

Potential participants were identified to be invited to this workshop, Attachment 1.

 

The role of the Cluster Group and the outcome of the enquiry by design Action Tank workshop is to:

 

1.    Participate in an Action Tank to provide recommendations and feasible actions to Council for our Climate Emergency Response

2.    Coordinate actions between Council and Community

3.    Deliver a Climate Change Adaptation Plan to Council in the next six months

 

2(iv) Undertake a review of relevant climate policy and literature to establish an overarching framework for attracting grant funding and developing and delivering climate adaptation projects

 

2(v) In concert with item (iv) undertake a review of all Council programs to ensure alignment with our Climate Emergency commitment

 

Attachment 2 reviewed international and national climate emergency frameworks and found that there are varied approaches depending on their needs.

 

In NSW the only designated climate change fund is from ADAPT NSW for projects that are included in or consistent with the pathways identified in the North Coast Enabling Regional Adaptation report.

 

Attachment 2 also provides a gap analysis of applicable Council programs including strategies, polices and plans, some of which directly deal with the issue of climate change and others indirectly. The gap analysis found that approximately 50% of council programs addressed mitigation while 6% dealt with adaptation directly.

 

This information will inform further investigations into our climate plan at the proposed Action Tank workshop in the New Year.

 

2(vi) Request ADAPT NSW to deliver Council and community workshops on ADAPT NSW/NCERA workshop outcomes

 

NSW Adapt internal staff workshop was successfully held on 16 October 2019. Council staff and Councillors were presented with information on the climate change projects for Byron Shire and the North Coast Enabling Regional Adaptation report.

 

This was followed by a lively Q&A session and two interactive activities – Prioritised pathways for Byron Shire Council (discuss pathways likely to move the system towards 2050 for Byron Shire Council LGA) and Adaptation solutions (formulate transition projects that occur along the transition pathways).

 

An evening community information session was then run by Malcolm and Stephen, updating the community on the same report, as well as providing useful advice to community members on what they can do as individuals.

 

Malcolm Robertson, Senior Project Officer, Climate Resilience and Net Zero Emissions team, NSW Department of Planning, Industry and Environment.

 

Dr Stephen Bygrave, Director Climate Resilience and Net Zero Emissions, NSW Department of Planning, Industry and Environment.

 

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

3.2

Strive to become a sustainable community  

3.2.1

Work towards Council's zero-emissions  target

3.2.1.6

Develop a Climate Emergency Plan

 

 

Legal/Statutory/Policy Considerations

 

Nil

 

Financial Considerations

 

The two to three day facilitated Action Tank workshop to provide recommendations and feasible actions to Council, and the preparation of our Climate Change Adaptation Plan within 6 months of the workshop is expected to cost $60,000.  It is proposed that these funds come from the Land and Natural Environment reserve.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Report No. 13.11         Review of Affordable Rental Housing (Res 19-233)

Directorate:                 Sustainable Environment and Economy

Report Author:           Kylie Grainey, Business Improvement Officer

File No:                        I2019/1120

                                       

 

 

Summary:

 

Council resolved on 23 May 2019 (Resolution 19-233) that staff prepare a report for Council consideration on the following:

 

a)      the number and type of developments approved under the State Environmental Planning Policy (Affordable Rental Housing) 2009 since this Policy came into effect; and

 

b)      where able, the status of compliance these developments have with post approval requirements for affordable housing imposed by Council on development consents including current rental costs.

 

This report outlines the developments issued and where possible the status of compliance with the SEPP.

 

  

 

RECOMMENDATION:

That Council note the staff report on Review of Affordable Housing in response to Resolution 19-233.

 

 

 

 


 

REPORT

 

State Environmental Planning Policy (Affordable Rental Housing) 2009 commenced 31 July 2009. The policy’s intent was to facilitate the increase in supply and diversity of affordable rental and social housing. Numerous amendments to the original SEPP have occurred since. These can be reviewed in the Historical Notes section of the NSW Legislation website.

 

The majority of development consents issued under the Affordable Rental Housing SEPP have been for Secondary Dwellings. There have been consents issued other for affordable housing developments under the legislation for boarding houses, group homes and residential units. These are discussed below.

 

Development Applications issued under SEPP

 

10.2010.603.1

Neighbourhood shops and affordable housing development including central pedestrian plaza, perimeter vehicle access and car parking, a restaurant, a food shop, four neighbourhood shops and 15 residential units.

9-13 Clifford Street Suffolk Park                                                                   Approved 25 August 2011

 

Approval granted with conditions 2, 31, 42:

 

2)      Affordable Rental Housing

Units 5, 6 and 7 to be used for the purposes of affordable housing will be used for the purposes of affordable housing for a minimum period of 10 years from the date of the issue of the Occupation Certificate. The three units are to be managed by a community housing provider with such detail to be submitted to Council prior to the issue of the Occupation

Certificate.

 

31)    Affordable Rental Housing

          A Section 88E Instrument, benefitting Byron Shire Council, to be registered on the title of the land prior to the issue of the Occupation Certificate requiring:

·        Units 5, 6 and 7 to be used for the purposes of affordable rental housing in accordance with SEPP (Affordable Rental Housing) 2009 for a minimum period of 10 years from the date of the issue of the Occupation Certificate ; and

· that the three units are to be managed by a registered community housing provider.

 

Details demonstrating the S88E instrument have been registered to be submitted to the PCA.

 

42)    Affordable Rental Housing

Units 5, 6 and 7 to be used for the purposes of affordable housing In accordance with Clause 17 of SEPP (Affordable Rental Housing) 2009 for a minimum period of 10 years from the date of the issue of the Occupation Certificate. The three units are to be managed by a registered community housing provider.

 

Development not commenced.

 

16.2013.9.1

Group Home

14 Bangalow Road, Byron Bay                                                                   Approved 22 January 2013

 

This Complying Development Certificate was issued by a Private Certifier.

 

Approval was granted as a Permanent group home means a dwelling:

 

(a)     that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b)     that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,

 

The property is owned by Community Housing Provider, North Coast Community Housing.

 

Approval as a permanent group home has no ongoing requirements for affordable housing.

 

16.2013.82.1

Group Home

41 Rajah Road Ocean Shores                                                                Approved 29 November 2013

 

This Complying Development Certificate was issued by a Private Certifier.

 

Approval was granted as a Permanent group home means a dwelling:

 

(a)     that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b)     that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,

 

The property is owned by Community Housing Provider, On Track Community Programs.

 

Approval as a permanent group home has no ongoing requirements for affordable housing.

 

10.2013.584.1

Conversion and expansion of existing dwelling to create a transitional home, under the Affordable Rental Housing SEPP, including new carpark and disabled access provisions

60B Kingsvale Road Myocum                                                                             Approved 1 May 2014

 

Approval was granted as a Transitional Group home, meaning a dwelling:

 

(a)   that is occupied by persons as single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

 

(b)   that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people

 

Approval as a transitional group home has no ongoing requirements for affordable housing.

 

10.2014.157.1

Two boarding houses each containing nine accommodation units and one managers residence

18 Sunrise Boulevard Byron Bay                                                                       Approved 2 April 2014

 

Development granted for a boarding house comprising a total of 20 x 1 bedroom units. Two of these units are to be allocated to onsite managers, and a further two units are to single storey wheelchair accessible. The remaining 16 units are for residents and designed in a compact two storey “A” frame style with a small ground floor kitchen, living and storage area and an upper level bedroom and ensuite. The units have a floor area of 28 m2 and are to be clad in timber and masonry grooved weatherboards with a colourbond roof. Eight car parking spaces are proposed including two disabled spaces, four motorbike spaces and 8 spaces for pushbikes.

 

Consent was conditioned:

 

36)    Use of Boarding House

The boarding house to:

a)      Accommodate no more than 2 tenants per room

b)      Not to be used for holiday letting, tourist and visitor accommodation or as a backpackers

c)      To have a lease arrangement with tenants for a minimum period of 6 months or more

d)      Have a manager onsite at all times.

e)      Operate in accordance with the Management Plan prepared by Boston Blyth Flemming – Town Planners dated March 2014. Any Conditions of this consent which are inconsistent with the Plan will prevail over the Plan.   

f)       A sign with an area no greater than 0.5m2 to be sited at the front of the premises advising the public and prospective tenants of the managers contact details. This is to include a 24 hour phone number for emergencies and complaints.

g)      Residents within 100 metres for the boarding house in Sunrise Court and Cape Court to be contacted by way of a letter box drop of the contact details of the managers for emergency purposes and complaints.

 

37)    State Tax Exemption

          Details to be submitted to Byron Shire Council demonstrating the boarding house is charging rents below the Office of State Revenues affordable rental benchmarks for boarding houses. Such details to be provided annually to Councils Section 94 Officer to ensure the Boarding house is providing affordable rental housing.

 

An occupation certificate 15.2014.157.1 was issued by a Private Certifier on 7 July 2015.

 

Compliance with consent conditions 36 and 37:

 

36.     Approval as a boarding house has no ongoing requirements for affordable housing, although the land owner has confirmed that items A-G above will continue to be managed by the appointed manager and real estate.

37.     Council has received copies of Statutory Declarations provided to the Department of Family & Community confirming rental rates charged over the past three years.

 

10.2015.182.1

Change of use from two boarding houses containing nine rooms and managers residence to eighteen infill affordable dwellings and two managers dwellings

18 Sunrise Boulevard Byron Bay                                                                       Approved 9 June 2015

 

The application was to change the use by definition under the SEPP Affordable Rental Housing 2009. It did not involve any changes to the built form nor intensity of development on the site.

 

The description changed from ‘Boarding House’ to ‘Infill Affordable Housing’ relating to 10.2014.157.1 above.

 

Contributions were not payable whilst ever four of the units are used permanently used for the provision of affordable housing as defined by clause 6 of State Environmental Planning Policy (Affordable Rental Housing) 2009. 

Should the development cease to be used for affordable housing then all contributions owing under this condition shall become payable and shall be indexed to the date of payment. 

 

Condition 8 stated

 

8)      S.88E Restriction to be placed on title – Affordable Housing for 10 years

A restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919 that will ensure that the following requirements are met.

 

For 10 years from the date of the issue of the occupation certificate:

(i)      the four dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and

(ii)      all accommodation that is used for affordable housing will be managed by a registered community housing provider.

 

Please note: Documents requiring the endorsement of Council associated with the creation or cancellation of easements, restrictions, covenants are subject to fees listed within Council’s Fees & Charges.

 

No occupation certificate has been issued for this development, contributions have not been paid, and there is no evidence that a restriction has been placed on the title as per Condition 8.

 

The DA will lapse 9 June 2020.

 

10.2018.498.1

Alterations and additions to an approved boarding house – two (2) new boarding rooms and conversion of one (1) manager’s suite to a boarding room (total 22 rooms). 

18 Sunrise Boulevard Byron Bay                                                                      Approved 30 May 2019

 

This application sought approval for alterations and additions to an approved boarding house – two (2) new boarding rooms and conversion of one (1) manager’s suite to a boarding room (total 22 rooms).

 

This will result in a total increase in boarding rooms from 18 to 21 and reduce the number of manager’s rooms from 2 to 1. 

 

Conditions 26 and 27 (to be complied with at all times) were imposed.

 

26      Use of Boarding House

The boarding house to:

a)      Accommodate no more than 2 tenants per room

b)      Not to be used for holiday letting, tourist and visitor accommodation or as a backpackers

c)      To have a lease arrangement with tenants for a minimum period of 6 months or more

d)      Have a manager onsite at all times.

e)      Operate in accordance with the Management Plan prepared by Boston Blyth Flemming – Town Planners dated March 2014 and as amended in accordance with this Consent. Any Conditions of this consent which are inconsistent with the Plan will prevail over the Plan.   

f)       A sign with an area no greater than 0.5m2 to be sited at the front of the premises advising the public and prospective tenants of the managers contact details. This is to include a 24 hour phone number for emergencies and complaints.

g)      Residents within 100 metres for the boarding house in Sunrise Court and Cape Court to be contacted by way of a letter box drop of the contact details of the managers for emergency purposes and complaints.

 

27      State Tax Exemption

Details to be submitted to Byron Shire Council demonstrating the boarding house is charging rents below the Office of State Revenues affordable rental benchmarks for boarding houses. Such details to be provided annually to Councils Section 94 Officer to ensure the Boarding house is providing affordable rental housing.

 

A Construction Certificate has not been issued for these works.

 

10.2015.624.1

Affordable Rental Housing: Multi Dwelling Housing

22 Sunrise Boulevard Byron Bay                                                               Approved 13 January 2016

 

SEPP ARH required that Council condition the development to ensure that an appropriate part of the development is retained for affordable housing purposes for at least 10 years.  The Department of Planning Circular Supporting infill affordable rental housing (August 2014) suggests that 20% to 50% of the total floor are is an appropriate part of the development for this purpose.

 

Condition 33 required a restriction be placed on title.

 

33)    S.88E Restriction to be placed on title – Affordable Housing for 10 years

          A restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, which will ensure that the following requirements are met.

 

          For 10 years from the date of the issue of the occupation certificate:

(i)      the two dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and

(ii)      all accommodation that is used for affordable housing will be managed by a registered community housing provider.

 

Please note: Documents requiring the endorsement of Council associated with the creation or cancellation of easements, restrictions, covenants are subject to fees listed within Council’s Fees & Charges.

 

Notification of registration of the Restriction to User was received on 9 March 2017 over units 6 and 7.

 

10.2015.398.1 and 2

Multi dwelling housing -12 dwellings

1 Kendall Street, Byron Bay                                                                        Approved 19 October 2015

 

The application sort development consent for the erection of a two (2) storey multi dwelling housing development containing twelve (12) attached dwellings.

 

Conditions were imposed in the determination to require the provision of all twelve (12) dwellings as affordable housing and for the housing to be managed by a social/community housing provider (as defined under Part 1 Clause 6 of SEPP (Affordable Rental Housing) 2009. The applicant advised in writing that they were willing to accept a condition of consent to provide affordable rental housing as specified above.

 

Modification 10.2015.398.2 approved on 8 December 2015 modified the number of dwellings to be used as affordable housing from 12 to 2.

 

Condition 3 now reads:

 

3)      Provision of Affordable Housing

For ten (10) years from the date of the issue of an Occupation Certificate for the subject development two (2) dwellings are to be used only for the purposes of ‘affordable housing’ (as defined in the Environmental Planning and Assessment Act 1979 and State Environmental Planning Policy [Affordable Rental Housing] 2009), and these dwellings are to be managed by a registered community housing provider (registered community housing provider has the same meaning as in the Housing Act 2001).

 

An Occupation Certificate was issued by a Private Certifier on 5 May 2017.

 

Two units have been allocated for the purpose of ‘affordable housing’.

 

10.2016.189.1

Multi Dwelling Housing Development under the State Environmental Planning Policy (Affordable Rental Housing) 2009, Comprising Eight (8) Dwellings, Parking for Four (4) Vehicles and Demolition of Existing Structures

116 Stuart Street, Mullumbimby                                                      (Court) Approved 1 February 2017

 

Court approval, condition 3) states:

 

3)       Provision of Affordable Housing

          From the date of the issue of an Occupation Certificate for the subject development two (2) dwellings are to be used only for the purposes of ‘affordable housing (as defined in the Environmental Planning and Assessment Act 1979 and State Environmental Planning Policy [Affordable Rental Housing] 2009), and these dwellings are to be managed by a registered community housing provider (registered community housing provider has the same meaning as in the Housing Act 2001).

 

An Occupation Certificate was issued by a Private Certifier on 20 January 2019.

 

Dwellings 6 and 8 have been allocated for the purposes as ‘affordable housing’ and are managed by a Community Housing Provider. Council has been provided with a copy of the lease agreements.

 

 

10.2017.474.1

Multi Dwelling Housing Consisting of Twenty Five (25) 1 Bedroom Dwellings (Under the Provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009): Infill Affordable Housing

70 Station Street, Mullumbimby                                                                 Approved 22 February 2018

 

Council owned, managed by North Coast Community Housing. Condition 2 requires:

 

1.       Provision of Affordable Housing

i.    From the date of the issue of an Occupation Certificate for Stage 1 of the subject development, four (4) dwellings in Stage 1 are to be used only for the purposes of ‘affordable housing’ (as defined in the Environmental Planning and Assessment Act 1979 and State Environmental Planning Policy [Affordable Rental Housing] 2009), and these dwellings are to be managed by a registered community housing provider (registered community housing provider has the same meaning as in the Housing Act 2001).

ii.    From the date of the issue of an Occupation Certificate for Stage 2 of the subject development, two (2) dwellings in Stage 1 are to be used only for the purposes of ‘affordable housing’ (as defined in the Environmental Planning and Assessment Act 1979 and State Environmental Planning Policy [Affordable Rental Housing] 2009), and these dwellings are to be managed by a registered community housing provider (registered community housing provider has the same meaning as in the Housing Act 2001).

A restriction will be registered, before the date of the issue of the occupation certificate for each stage, against the title of the property, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that these requirements of Conditions 4(i) and 4 (ii) are met.

 

A Construction Certificate has not been issued.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 4:   We manage growth and change responsibly

4.2

Support  housing diversity in appropriate locations across the Shire

4.2.1

Establish planning mechanisms to support housing that meets the needs of our community

4.2.1.4

Investigate and implement planning controls to encourage an increase in the supply of affordable and inclusive housing stock (Action in Residential Strategy)

 

Legal/Statutory/Policy Considerations

 

Compliance with the requirements of the Affordable Housing Rental State Environmental Planning Policy 2009 and any associated development consent required.

 

Financial Considerations

 

N/A

 

Consultation and Engagement

 

N/A


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.12         PLANNING - Development Application 10.2018.307.1 - Alterations and additions to dwelling, new artists studio and boundary adjustment

Directorate:                 Sustainable Environment and Economy

Report Author:           Ben Grant, Planner

File No:                        I2019/1821

                                       

 

 

DA No:

10.2018.307.1

Proposal description:

Alterations and Additions to Existing Dwelling House, New Expanded Dwelling Module, New Artists Studio and Boundary Adjustment

Property description:

LOT: 3 DP: 601327, LOT: 2 DP: 580115

286 Mafeking Road GOONENGERRY, 300 Mafeking Road GOONENGERRY

Parcel No/s:

47100, 47090

Applicant:

Matt Walker Town Planning

Owner:

Mr N & Mrs R M Peterson

Zoning:

DM Deferred Matter

Date received:

27 June 2018

Integrated Development:

Yes: Bush Fire Safety Authority under S100B Rural Fires Act 1997

Public notification or exhibition:

-    Level 1 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 6/7/18 to 19/7/18

-    Submissions received: Nil

Planning Review Committee:

Not applicable

Other approvals (S68/138):

Not applicable

Delegation to determination:

Council (SEPP 1 objection >10% of development standard)

Issues:

·    Bushfire Prone Land.

·    Biodiversity - development requires entry into the biodiversity offsets scheme.

·    Variation to minimum lot size under clause 11 of LEP 1988 for boundary adjustment.

 

Summary:

 

This development application seeks consent for alterations and additions to an existing dwelling house, new expanded dwelling module, artist’s studio and a boundary adjustment.

 

The application is being reported to Council due to a SEPP 1 objection to vary the 40 hectare minimum lot size standard under Clause 11 of LEP 1988. As the variation exceeds 10% of the standard, the application must be determined by the Council.

 

The proposed development is relatively modest in scale, but is located on a sensitive site surrounded by lowland rainforest, an endangered ecological community. A small amount of clearing is required to site the new buildings. 

 

As a result of the clearing occurring within the Biodiversity Values Map, (which covers the whole site), the application is required to enter into the biodiversity offsets scheme under the Biodiversity Conservation Act 2016. A Biodiversity Development Assessment Report (BDAR) has been submitted, providing an assessment of the impacts and a calculation of the biodiversity credits that are necessary to offset the impact of the development.

 

Council’s Natural Resource Planner and the NSW Biodiversity Conservation Division (formerly OEH) have reviewed the BDAR and supported its conclusions, noting that the proposal is unlikely to result in significantly adverse impacts to threatened species or ecological communities.

 

The only issue raised by BCD is the potential for a clearing entitlement under Part 5A of the Local Land Services Act 2013. This will allow for clearing 3m on either side of the new boundary alignment, which passes through an area of Lowland Rainforest. To account for this potential impact, one (1) additional biodiversity credit of the same PCT type is recommended, in accordance with the advice from BCD.

 

To ensure environmental values of the site are improved, a condition is recommended for a vegetation management plan to be prepared, requiring at least 120 local native trees to be planted, along with weed removal and provisions for monitoring and maintenance.

 

The design of the new buildings is considered to be an appropriate response to the characteristics of the site and satisfies the relevant State and local planning controls. For reasons explained further in the body of this report, the SEPP 1 objection relating to the boundary adjustment is considered to be well founded and warrants support in the circumstances.

 

The application is recommended for approval subject to conditions of consent.

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

  

 

RECOMMENDATION:

That Development Application No. 10.2018.307.1 for Alterations and Additions to Dwelling, new habitable outbuildings, artists studio and boundary adjustment, be granted consent, subject to the conditions listed in Attachment 1 (E2019/85243).

 

Attachments:

 

1        10.2018.307.1 - Recommended Conditions of Consent, E2019/85243  

2        10.2018.307.1 - Development Plans, E2018/112197  

3        10.2018.307.1 - Subdivision Plan, E2018/112196  

4        10.2018.307.1 - Biodiversity Development Assessment Report (final), E2019/63769  

5        10.2018.307.1 - Arboricultural Report Final, E2019/63770  

6        10.2018.307.1 - Bush Fire Safety Authority, E2019/85244  

7        10.2018.307.1 -  SEPP 1 Objection, E2019/85246  

 

 

 

47100_47090

REPORT

 

1.         INTRODUCTION

 

1.1.          Previous determinations

 

286 Mafeking Road:

 

·        DA 91/297 for a dwelling house, approved 5 September 1991.

·        DA 10.2006.23.1 for use of unauthorised alts/adds, approved 5 September 2006.

·        Modification 10.2006.23.2 to change building condition, approved 2 September 2008.

·        Modification 10.2006.23.3 to remove conditions, approved 28 September 2010.

·        Modification 10.2006.23.4 to modify internal layout, approved 15 June 2011.

 

300 Mafeking Road:

 

·        DA 90/88 for a multiple occupancy comprising five dwellings, approved 19 December 1990.

 

1.2.          Description of the proposed development

 

The applicant is seeking approval for alterations and additions to a dwelling house, expanded house outbuilding, artist’s studio, replacement of a dilapidated carport and a boundary adjustment.

 

The following is proposed:

 

(a)     Alterations and additions to dwelling

An extension to the main dwelling, involving partial removal of the rear deck and expansion of the family room, along with an addition bedroom and outdoor laundry area. A study area is to be constructed at ground level requiring minor earthworks.

 

(b)     Expanded house outbuilding and studio

Construction of a two storey expanded house habitable outbuilding comprising a bedroom and ensuite on the ground floor and a music studio on the first floor. The two floors are not internally connected, with the upper floor accessed via an external staircase. The first floor studio has no internal walls or bathroom facilities. The building has a gross floor area of 59m2 and will be constructed with a mixture of timber of fibre cement cladding and a metal roof. Foundations utilise pier footings supporting a suspended flooring system.

 

(c)     Boundary adjustment

Realign the boundaries between Lot 2 DP 580115 to Lot 3 DP 601327 to rectify the encroachment of an existing carport. The boundary adjustment will transfer 250m2 of land from Lot 2 in to Lot 3. 

 

(d)     Replace carport

Demolish the existing dilapidated carport and construct a new double carport and attached storage room in the same location.

 

(e)     Vegetation clearing and associated works

Clearing of the following nine (9) canopy trees and understory vegetation:

·     Black Teak (Pentacerus australis )

·     Black Teak (Pentacerus australis )

·     Guioa Guioa semigluaca

·     Red Cedar Toona ciliate

·     Lilli Pilli Syzygium sp.

·     Bangalow Palm Archontophoenix Cunninghamiana

·     Bangalow Palm Archontophoenix Cunninghamiana

·     Hard Quandong Elaeocarpus obovatus

·     Queensland Kauri Agathis robusta

 

Sections and elevations of the propose development are shown in figures 1-3 below.

 

Figure 1: South-west elevation

 

Figure 2: North-east elevation

 

 

Figure 3: North-west elevation

 

1.3.          Description of the site

 

The site comprises two properties legally described as Lot 3 DP 580115 and Lot 2 DP 601327 commonly known as 286 and 300 Mafeking Road, Goonengerry. 286 Mafeking Road is the smaller of the two properties with an area of 4000m2 and contains a small residence and a timber carport (although the survey plan indicates this is located on the adjoining property). 300 Mafeking Road is a 15.46 hectare property containing an approved multiple occupancy with five dwellings.

 

Access to both properties is obtained off Mafeking Road. The land is relatively flat near the road boundary, but drops away steeply in a westerly direction towards Coopers Creek.

 

Both properties have a dense coverage of vegetation, identified as being representative of the endangered ecological community Lowland Rainforest in the NSW North Coast and Sydney Basin Bioregions (Biodiversity Conservation Act 2016). One threatened flora species, Red Boppel Nut (Hicksbeachia pinnatifolia) also occurs within the site.

 

The bulk of the land is a deferred matter and reverts to the 1(a) (General Rural Zone) zone under LEP 1988. A section of Lot 3 is within the RU2 Rural Landscape zone under LEP 2014.

 

Site photos are shown in Figures 4–7 below.

 

http://gisappserver.byron.nsw.gov.au/Geocortex/Essentials/GXE471_Live/REST/TempFiles/A3%20Landscape%20No%20Legend.jpg?guid=87ad2a9d-0dab-4563-b3a5-6f06ac19ce3e&contentType=image%2Fjpeg

 

Figure 4: Aerial image of the subject site with zoning overlay. The site is within the 1(a) (General Rural Zone) under LEP 1988 (light grey) and RU2 Rural Landscape zone under LEP 2014 (light brown).

 

 

Figure 5: Existing dwelling house, looking north-west. The proposed studio and bedroom is to be located in the area shown above (centre frame).

 

 

Figure 6: Proposed location of the studio and bedroom - adjacent to the existing dwelling house.

 

 

Figure 7: View of an existing carport, looking south. The structure is located within the boundaries of the neighbouring allotment at 300 Goonengerry Road.

 

2.         SUMMARY OF REFERRALS

 

The following referrals were undertaken as part of the assessment process:

 

External

 

Authority

Comments

NSW Department of Planning, Environment and Industry (formerly OEH)

The Biodiversity Conservation Division recommends that an additional biodiversity credit should be included to account for potential clearing entitlements created by the development. See discussion in the issues section below.

Rural Fire Service - s100B

A Bush Fire Safety Authority and general terms of approval have been issued. Refer to Attachment 6. Further discussion below.

 

Internal

 

Authority

Comments

Environmental Health Officer

No objection subject to standard conditions. An upgraded on-site sewage management system will be required.

Development Engineer

No objection subject to standard conditions.

Natural Resource planner

No objections subject to conditions. Specific measures for tree protection are required during construction, and a vegetation management plan is required to ensure maintenance and improvement of the sites ecological values. Refer to discussion of issues below.

 

Issues:

 

NSW Biodiversity Conservation Division

 

The application was referred to the NSW Biodiversity and Conservation Division (BCD) for comment. BCD was formerly part of the Office of Environment and Heritage and is now part of the Department of Planning, Industry and Environment.

 

BCD noted that the applicant’s amended Biodiversity Development Assessment Report (BDAR) has addressed the relevant requirements of the legislation. Support was given for the proposal to restrict the 10/50 Clearing Code of Practice through a condition of consent.

 

The only point of disagreement relates to the applicants proposal to ‘switch off’ a fence line clearing entitlement under Part 5A of the Local Land Services Act 2013 by imposing a condition of consent. BCD questioned whether such an approach would be legally enforceable. BCD noted that Council may consider imposing an additional biodiversity credit of the same PCT to offset the clearing entitlement.

 

Further discussion of this matter is addressed in section 4.7 – impacts on the natural environment.

 

Natural Resource Planner

 

Council’s Natural Resource Planner noted that the amended BDAR addresses the relevant requirements of the legislation, but agreed that an additional biodiversity credit should be retired to offset the clearing entitlements.

 

Conditions are recommended for a vegetation management plan to be prepared to for environmental enhancement of the site.

 

NSW Rural Fire Service

 

The RFS have issued a Bushfire Safety Authority that requires the mid and lower storey to be pruned and/or cleared within the asset protection zone, but allows the upper canopy to be retained. Standard conditions apply for access, water supply and levels of construction apply.

 

3.         BIODIVERSITY CONSERVATION ACT 2016

 

Biodiversity framework

 

The Biodiversity Conservation Act 2016, together with the Biodiversity Conservation Regulation 2017, outlines the framework for addressing impacts on biodiversity from development.  A central feature of the new framework is the introduction of a biodiversity offsets scheme.

 

Under the offset scheme, developers who undertake clearing generate a credit obligation which must be ‘retired’ to offset their activity. Landholders can also establish biodiversity stewardship sites on their land to generate credits which are sold to developers who require those credits to offset their activities at other sites.

 

Entry into the offsets scheme is triggered by two main threshold tests: 

 

·        Whether the amount of native vegetation being cleared exceeds a specified area (i.e. more than a certain number of hectares specified in the Regulations); or

 

·        Whether the impacts occur on an area mapped on the Biodiversity Values Map published by the Minister for the Environment.

 

If either of these two tests is met, the development application must be accompanied by a biodiversity development assessment report (BDAR). A BDAR is an ecological impact assessment report undertaken in accordance with a prescribed biodiversity assessment methodology (known as the BAM). Depending on the extent and nature of the impact, the BDAR may include a calculation of biodiversity credits that need to be purchased to offset the impacts of the development.

 

Consideration of biodiversity impacts

 

This application will require entry into the offsets scheme due to a small amount of clearing occurring within the Biodiversity Values Map. The applicant has provided a BDAR which includes an assessment of the impacts on biodiversity and a calculation of biodiversity credits to be retired.

 

Impacts on biodiversity are considered in section 4.7 of this report – impacts on the natural environment.

 

4.         ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

 

4.1       Section 4.46 Integrated Development

 

The proposed development includes subdivision of bushfire prone land and requires a Bush Fire Safety Authority (BFSA) under S100B of the Rural Fires Act 1997. The RFS have issued a Bush Fire Safety Authority for the proposed development, with conditions for asset protection zones, water supply and access.

 

5.         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.

 

5.1       State Environmental Planning Instruments

 

State Environmental Planning Policy No 1—Development Standards

 

The proposed boundary adjustment results in a contravention of the 40 hectare minimum lot size standard under clause 11 of LEP 1988. The applicant has provided a written objection pursuant to clause 6 of SEPP 1 which seeks to justify the variation (refer to Attachment 7). The written objection is addressed further in section 4.2B of this report.

 

State Environmental Planning Policy No 44—Koala Habitat Protection

 

An ecological survey of the property did not identify any preferred koala feed trees species or evidence of Koalas or Koalas breeding. On this basis, the subject land is not considered to be a core Koala habitat and a Koala plan of management is not required. The applicant’s BDAR notes that Koalas may utilise the subject land on occasion, however, most canopy species are intended to be retained and the proposal will not fragment habitat for this species.

 

State Environmental Planning Policy No 55—Remediation of Land

 

Land contamination was previously considered for this site as part of the assessment of development application no. 10.2006.23.1. The land was found to be suitable for residential use. Council’s Environmental Health Officer did not consider further investigation to be warranted for this application as there is no increase in the sensitivity of the use.

 

State Environmental Planning Policy (Rural Lands) 2008

 

The proposed dwelling house and boundary adjustment are compatible with surrounding land uses in the area which are predominantly characterised by small orchards, grazing and rural living. The proposal is unlikely to cause any significant conflict with any existing or likely future land uses in the area.

 

State Environmental Planning Policy (Primary Production and Rural Development) 2019

 

The development application was lodged prior to the commencement of the primary production SEPP. In accordance with the transitional arrangements specified in clause 9, the SEPP is not applicable to the application.

 

4.2A  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. The LEP 2014 clauses that are checked below are of relevance to the proposed development:

 

Part 1

1.1| 1.1AA| 1.2| 1.3| 1.4| Dictionary| 1.6| 1.7| 1.8| 1.8A| 1.9| 1.9A

Part 2

2.1| 2.2 | 2.3 |Land Use Table | 2.4 | 2.5 | 2.6 | 2.7 | 2.8

Part 4

4.1| 4.1C| 4.3

Part 5

5.16

Part 6

6.2| 6.5| 6.6

 

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 dwelling, clearing native vegetation, subdivision (boundary adjustment);

(b)     The land is within the RU 2 Rural Landscape zone according to the Land Zoning Map;

(c)     The proposed development is permitted with consent; and

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

 

Note: The provisions of LEP 2014 only relate to the boundary adjustment. All building works and vegetation clearing are occurring within the 1(a) (General Rural Zone).

 

Zone Objective RU 2 Rural Landscape

Consideration

To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

The proposed boundary adjustment will have no impact on the primary production potential of the land or impact on the rural character of the landscape. The development is considered to be compatible with the zone objectives.

 

To maintain the rural landscape character of the land.

To provide for a range of compatible land uses, including extensive agriculture.

To enable the provision of tourist accommodation, facilities and other small-scale rural tourism uses associated with primary production and environmental conservation consistent with the rural character of the locality.

To protect significant scenic landscapes and to minimise impacts on the scenic quality of the locality.

 

The remaining checked clauses have been taken into consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act. The proposed development complies with all clauses of LEP 2014 (in some cases subject to conditions and/or to the satisfaction of other assessing officers).

 

Clause 4.1C   Minimum subdivision lot size for boundary adjustments in certain rural and residential zones

 

Clause 4.1 C permits the minimum lot size to be disregarded for the purposes of boundary adjustments in zones RU1, RU2 and R5 under certain circumstances. Council must be satisfied that the subdivision will not create any additional lots or dwelling opportunities, result in fragmentation of rural land, create land use conflict or affect the rural character or scenic qualities of the land.

 

The proposed boundary adjustment is a minor realignment intended to rectify a building encroachment and is considered to satisfy the matters for consideration under clause 4.1C.

 

Clause 6.5   Drinking water catchments

 

The proposed development is unlikely to adversely affect the quality or quantity of water entering the drinking water catchment. The upgraded on-site sewage management system will be approximately 850m from Coopers Creek and erosion and sediment runoff during building works can be controlled via conditions of consent.

 

Clause 6.6   Essential services

 

Rainwater harvesting and on-site sewage disposal can be provided subject to conditions of consent. Electricity and telecommunications are available to the site.

 

Vehicular access is provided off an existing driveway that connects to Mafeking Road. The driveway will need upgrading and widening to meet RFS standards, including the provision of a 6m by 8m reversing bay. Conditions are recommended.

 

4.2B  Byron Local Environmental Plan 1988 (LEP 1988)

 

LEP 1988 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. The LEP 1988 clauses that are checked below are of relevance to the proposed development:

 

Part 1

1| 2| 2A| 3| 4| 5| LEP 1988 Dictionary| 7

Part 2

8| 9

Part 3

10| 11| 15| 31| 40| 45| 49| 52

 

In accordance with LEP 1988 clauses 5, 8 and 9:

(a)     The proposed development is defined in the LEP 1988 Dictionary as Dwelling House, Subdivision;

(b)     The land is within the 1(a)—(General Rural Zone) according to the map under LEP 1988;

(c)     The proposed development is permitted with consent; and

(d)     The proposed development is consistent with the relevant objectives of the Zone for the following reasons:

 

Zone Objective 1(a) (General Rural Zone)

Consideration

to encourage and permit a range of uses creating a pattern of settlement, at a scale and character that maintains or enhances the natural, economic, cultural, social and scenic amenity of the rural environment of the Shire of Byron,

The proposed development is considered to be consistent with the zone objectives. The proposal is unlikely to result in conflict with surrounding land uses or result in significantly adverse impacts on the environment.

 

to encourage and permit a pattern of settlement which does not adversely affect the quality of life of residents and visitors and maintains the rural character,

to ensure development only occurs on land which is suitable for and economically capable of that development and so as not to create conflicting uses,

to allow the use of land within the zone for agricultural purposes and for a range of other appropriate purposes whilst avoiding conflict between other uses and intensive agriculture,

to identify lands (shown hatched on the map) which in the opinion of the council possess a limited capability for more intensive uses or development,

to restrict the establishment of inappropriate traffic generating uses along main road frontages other than in road side service areas,

to ensure sound management of land which has an extractive or mining industry potential and to ensure that development does not adversely affect the potential of any existing or future extractive industry,

to enable the provision of rural tourist accommodation and facilities only where such facilities are compatible with the form and density of the nature of the locality, and

to permit the development of limited light industries which do not pose any adverse environmental impact, (eg software manufacture and film processing), and

to ensure that the development and use of land shown cross-hatched on the map adjacent to areas of significant vegetation and wildlife habitat do not result in any degradation of that significant vegetation and wildlife habitat, and that any development conserves and protects and enhances the value of the fauna and flora.

 

The remaining checked clauses have been taken into consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act. The proposed development complies with all of these clauses (in some cases subject to conditions and/or to the satisfaction of other assessing officers), except in relation to which considered further as follows:

 

Clause 11   Subdivision in rural areas for agriculture etc

 

Clause 11 stipulates a 40 hectare minimum lot size in the 1(a) (General Rural Zone). The proposed boundary adjustment will result in two lots, each with an area of less than 40 hectares. The applicant has submitted a written objection seeking to vary the 40 hectare standard in accordance with clause 6 of State Environmental Planning Policy No 1—Development Standards (SEPP 1), detailed in the LEP issues section below. The objection is considered to be well founded.

 

Clause 40   Height

 

Clause 40 provides that the maximum height of buildings on the site must not exceed 9m and the topmost floor height must not exceed 4.5m. The proposed development will have a maximum height of 6.6m and a topmost floor height of 3.3m.

 

Clause 45   Provision of services

 

Rainwater harvesting and on-site sewage disposal can be provided subject to conditions of consent. Electricity and telecommunications are available to the site.

 

Byron Local Environmental Plan 1988 issues

 

State Environmental Planning Policy No 1—Development Standards

 

State Environmental Planning Policy No 1 (SEPP 1) provides flexibility in the application of planning controls in circumstances where strict compliance with those standards would be unreasonable or unnecessary or tend to hinder the attainment of the objects of the Act.

 

An applicant may make a written objection, specifying why strict compliance with the development standard is unreasonable or unnecessary in the circumstances of the case. Where the consent authority is satisfied that the objection is well founded and consistent with the aims of the Policy it may grant consent to the development application.

 

The Development Standard to be varied

 

Clause 11 of Byron LEP 1988 specifies a 40 hectare minimum subdivision lot size for agriculture, forestry or a dwelling-house in the 1(a) (General Rural Zone). The numerical lot sizes stipulated in clause 11 of LEP 1988 are development standards that are able to be varied by way of SEPP 1.

 

Extent of Variation to the Development Standard

 

The proposed boundary adjustment will transfer 250m2 of land from the larger lot into the smaller lot for the purposes of correcting a building encroachment. The resulting layout will be substantially the same as the lots currently in existence.

 

As detailed in the table below, the degree of variation varies from 39.575 hectares for Lot 3 to 24.565 hectares for Lot 2.

 

Property

Standard

Proposed

Difference

Lot 3 DP 601327

40 ha

0.425 ha

39.575 ha

Lot 2 DP 580115

40 ha

15.435 ha

24.565 ha

 

Objective of the Development Standard

 

There are no underlying objectives listed in clause 11. In addition to the numerical standards listed in the lot size table, Council is required to be satisfied that each allotment is of satisfactory shape and has a satisfactory frontage.

 

Objectives of the Zone

 

Refer to Section 4.2B of this report.

 

Is compliance unreasonable or unnecessary in the circumstances of the case?

 

The judgment in Wehbe v Pittwater Council [2007] NSW LEC 827 established five different ways in which an objection may be considered well founded and that approval of the objection may be consistent with the aims of the policy.

 

(1)     The objectives of the standard are achieved notwithstanding non-compliance with the standard

Clause 11 does not have any stated aims or objectives. In terms of planning policy, the maintenance of large lot sizes is a mechanism to preserve productive rural land or land with special scenic or environmental characteristics.

 

In this particular case, the proposed lots are considered to be of an adequate size, shape and frontage for the proposed use and will not adversely affect the environmental characteristics of the land.

 

Strict adherence to the standard would serve no planning purpose and would likely result in an inferior outcome as the smaller of the two lots would have less land available for car parking and manoeuvring. Additional vegetation may need to be cleared to provide an alternative carport location with sufficient access that meets Council and RFS standards.

 

(2)     The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary

The underlying purpose of the standard is relevant, however, as explained above, strict compliance is unreasonable in the circumstances as it would result in an inferior outcome and would tend to hinder the attainment of the objects of the Act.

 

(3)     The underlying objective or purpose would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable.

The underlying purpose of the standard would not be thwarted if strict compliance with the standard was required. Adhering to the standard is, however, unreasonable in the circumstances because allowing the minor adjustment of boundaries will result in a superior planning outcome that achieves the underlying objectives of the standard.

 

(4)     The development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unreasonable and unnecessary

The 40 hectare standard has been upheld with relative consistency for subdivisions that result in new lots with additional dwelling opportunities. Council has regularly allowed variations to the 40 hectare minimum lot size for minor boundary adjustments.

 

(5)     Compliance with the development standard is unreasonable or inappropriate due to existing use of land and current environmental character of the particular parcel of land. That is, the particular parcel of land should not have been included in the zone

The 1(a) zoned parts of the site are likely to be transitioned into an environmental zone under LEP 2014 at some point in the future. The 40 hectare standard will likely apply under the new zoning, however, strict compliance is considered unreasonable for the reasons listed above.

 

Does the non-compliance with the development standard raise any matters of significance for state or regional environmental planning?

 

There are no matters of State or regional planning significance that will be affected by this minor realignment of boundaries.

 

Is there a public benefit in maintaining the planning controls adopted by Byron LEP 1988?

 

Strict compliance would hinder the orderly development of the site and would not serve any planning purpose. There is no public benefit in maintaining the development standard in this particular case.

 

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

 

The subject sites are not included in Phases 1 or 2 or the E-zones Planning Proposal. It is understood that the properties are likely to be included in Phase 3 with the bulk of the land identified as potential E2 Environmental Conservation zone and E3 Environmental Management zone.

 

As Phase 3 has not yet been submitted for gateway determination, future environmental zoning has not been given significant weight in this assessment.

 

4.4A  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. The DCP 2014 Parts/Chapters that are checked below are of relevance to the proposed development:

 

Part A

Preliminary

Part B Chapters:

B2| B3| B4| B6| B8| B9| B14

Part C Chapters:

C2| C4

Part D Chapters

D2| D6

 

These checked Parts/Chapters have been taken into consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act. The proposed development complies with all sections of these Parts/Chapters (in some cases subject to conditions and/or to the satisfaction of other assessing officers), except in relation to certain prescriptive measures which are considered further (having regard to the DCP 2014 Section A1 Dual Path Assessment) as follows:

 

What Section and prescriptive measure does the development not comply with?

Does the proposed development comply with the Objectives of this Section? Address.

Does the proposed development comply with the Performance Criteria of this Section? Address.

B6.3.1 Lot Size, Shape and Configuration

 

Prescriptive Measure

Lot sizes must not be less than the minimum area specified in Byron LEP 2014 on the lot size map.

 

Proposed Development

Each lot is substantially less than the 40 hectare minimum lot size.

 

Yes. Divergence from the minimum lot size standard is addressed in section 4.2B of this report. The boundary adjustment satisfies the relevant planning objectives and has sufficient merit to warrant support.

Yes. The proposed boundary adjustment is considered to satisfy the performance criteria, including the provisions of Chapter B6 Buffers and Minimising Land Use Conflict.

 

 

4.4B  Byron Shire Development Control Plan 2010 (DCP 2010)

 

DCP 2010 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 its purpose is to provide planning strategies and controls for various types of development permissible in accordance with LEP 1988. The DCP 2010 Chapters/Parts that are checked below are of relevance to the proposed development:

 

Chapter 1 Parts:

A| B| C| F| G| H| N

 

These checked Chapters/Parts have been taken into consideration in the assessment of the subject development application in accordance with subsection 4.15(1) of the EP&A Act.

 

What Section and prescriptive measure does the development not meet?

Does the proposed development meet the Element Objectives of this Section? Address.

Does the proposed development meet the Performance Criteria of this Section? Address.

B4.1 Element – Lot Size and Shape

 

Prescriptive Measure

All lots are to conform to the minimum area prescribed in the relevant planning instruments

 

Proposed Development

Each lot is substantially less than the 40 hectare minimum lot size.

 

Yes. Divergence from the minimum lot size standard is addressed in section 4.2B of this report. The boundary adjustment satisfies the relevant planning objectives and has sufficient merit to warrant support.

Yes. Each lot is a satisfactory size and shape for existing and proposed development. The boundary adjustment will not result in any additional impacts on the natural or built environments, interfere with access arrangements or increase the potential for land use conflict.

 

Chapter 1: Part C Residential Development

 

C14. Studios

The proposed studio complies with the prescriptive measures of Element C14. The studio is less than 60m2, is located close to the existing dwelling, and comprises a single room with no facilities or internal partitions.

 

The studio is located above an additional bedroom (not typical for a studio), and is provided with a separate external access to separate the two uses. The applicant notes this arrangement is intended to minimise the footprint of the development to minimise the amount of vegetation removal.

 

4.5       Any Planning Agreement or Draft Planning Agreement?

 

Not applicable.

 

4.6       Environmental Planning & Assessment Regulation 2000 Considerations

 

Clause 92 Additional matters that consent authority must consider

 

The carport and minor elements of the dwelling will require demolition as part of the proposed building works. A condition can be applied requiring demolition to comply with AS2601–the demolition of structures.

 

Clause 94 Consent authority may require buildings to be upgraded

 

The NSW Rural Fire Service has included a condition that requires the existing building to be upgraded to improve ember protection.

 

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

 

Natural environment

 

Biodiversity Conservation Act 2016

 

The proposal involves clearing of native vegetation on land included on the Biodiversity Values Map and is therefore required to enter into the biodiversity offsets scheme. The application is accompanied by a BDAR, in accordance with sections 7.2 and 7.7 of the BC Act. Refer to Attachment 4.

 

Consideration of impacts on biodiversity

 

Section 7.13 of the BC Act provides that the consent authority is to consider the likely impacts of the development on biodiversity values, as assessed in the biodiversity development assessment report. The consent authority may (but is not required to) further consider the likely impact of the proposed development on biodiversity values.

 

Vegetation types

 

Vegetation within the site has been identified as representing the Lowland Subtropical Rainforest, listed as Lowland Rainforest in the NSW North Coast and Sydney Basin Bioregions endangered ecological community under the BC Act.

 

Vegetation across the study area has been subject to various levels of disturbance including previous historical clearing, APZ management and general disturbance associated with being adjacent to a residence. Vegetation immediately surrounding the dwelling has been cleared while regrowth and remanent patches of Lowland Rainforest were present in various stage of moderate to good condition in areas further from dwelling, particularly on the eastern an southern extents of the property.

 

Amount of vegetation to be cleared

 

The Arboricultural report (Attachment 5) identifies the following nine (9) canopy trees to be removed:

 

·    Black Teak (Pentacerus australis )

·    Black Teak (Pentacerus australis )

·    Guioa Guioa semigluaca

·    Red Cedar Toona ciliate

·    Lilli Pilli Syzygium sp.

·    Bangalow Palm Archontophoenix Cunninghamiana

·    Bangalow Palm Archontophoenix Cunninghamiana

·    Hard Quandong Elaeocarpus obovatus

·    Queensland Kauri Agathis robusta

 

The location of the trees is identified in Figure 8 below.

Direct impacts and offset obligation

 

The BDAR provides that the proposed development will result in the following direct impacts:

 

·    Removal of 0.016 hectares of Lowland Rainforest, occurring as two condition types.

·    Relocation of fauna habitat components from the subject land to adjacent areas.

 

The impact of the vegetation removal has been calculated using the Biodiversity Assessment Method. The biodiversity payment summary report provided in the BDAR provides that one ecosystem credit for PCT 1302 – White Booyong – Fig subtropical rainforest of the NSW North Coast Bioregion must be retired to offset the impact of the proposed development.

 

Increase to offset obligation

 

The proposed boundary adjustment will create a new vegetation clearing entitlement under Part 5A of the Local Land Services Act 2013. This will allow for clearing 3m on either side of the new boundary alignment, which passes through an area of Lowland Rainforest.

 

To account for this potential impact, one (1) additional biodiversity credit of the same PCT type is recommended.

 

The likely hood of the clearing entitlement being acted on is uncertain, but is considered to be relatively low in light of a likely future zone change to zone E2 or E3 in phase three (3) of Council’s E Zone implementation program. Once the site transitions to an environmental zone, Part 5A will no longer apply and the clearing entitlement will be lost. In this scenario, any future clearing would require permission from the Native Vegetation Panel under the Vegetation SEPP.

 

If Council views the additional biodiversity credit as unnecessary, the number of credits could be reduced to one (1) without concurrence from the Environment Agency Head.

 

Avoid and Minimise

 

The scale of the new building work is relatively modest and has been located close to the existing dwelling. The BDAR notes that proposed development has been designed to minimise native vegetation removal by locating the house extension within the existing garden and placing the new habitable outbuilding in a location with no large trees. The proponents have also redesigned the deck to retain the existing Red Boppel Nut, and have made provision for its continued survival by seeking advice from a qualified tree expert.

 

Additional environmental considerations

 

Byron Development Control Plan 2014, Chapter B2, requires compensatory plantings at a ratio of 10:1 for local indigenous species. Council’s Natural Resource Planner has recommended that 120 trees be planted to account for the loss of vegetation and subsequent impacts on biodiversity. This account for the nine (9) trees removed, with an additional requirement to account for trees close the development footprint that may be impacted over time.

 

In addition, Madeira vine (Anredera cordifolia), a Weed of National Significance, is present on the site and should be controlled and removed. Successful removal of this weed requires control activities to be repeated over several years.

 

A condition of consent is recommended that requires a vegetation management plan to be with provisions for restoration, weeding, monitoring and maintenance. The plan is to be submitted to Council for approval prior to the commencement of the development.

 

Conclusion

 

The proposed development affects a relatively small area of vegetation in the context of the site and greater locality and is unlikely to have a significant impact on the threatened species or ecological communities. Conditions are recommended for environmental enhancement of the site including regeneration, weed removal, monitoring and maintenance.

 

Built Environment

 

The proposal will not have a significantly adverse impact on the built environment of the locality.

 

Social and Economic Impacts

 

The proposal will not have a significant social or economic impact on the locality.

4.8       The suitability of the site for the development

 

Sites constraints including vegetation and bushfire prone land have been addressed through appropriate design and conditions of consent. The site is considered to be suitable for the proposed development subject to conditions of consent. 

 

4.9       Submissions made in accordance with this Act or the regulations

 

The development application was publicly exhibited for a period of 14 days in accordance with DCP 2014 and DCP 2010. No public submissions were received.

 

4.10     Public interest

 

The proposed development is unlikely to prejudice or compromise the public interest or create a dangerous precedent.

 

5.         DEVELOPER CONTRIBUTIONS

 

5.1       Water & Sewer Levies

 

No development servicing levies need to be imposed under the Water Management Act. Reticulated water and sewer infrastructure is unavailable to the development.

 

5.2       Section 7.11 Contributions

 

No development contributions are applicable because the boundary adjustment will not create any additional dwelling opportunities.

 

6.         CONCLUSION

The proposed development is consistent with the relevant environmental planning instruments and planning controls applicable to the site. The proposal raises no significant issues in terms of environmental impacts which cannot be managed and the site is considered suitable for the development. The application is recommended for approval subject to conditions of consent.

 

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 complies with the provisions of Byron Local Environmental Plan 2014.

The proposed development complies with the provisions of Byron Local Environmental Plan 1988.

The proposed development complies with relevant State Environmental Planning Policies

The proposed development complies with relevant provisions of Development Control Plan 2014

The proposed development complies with Environmental Planning & Assessment Regulation 2000 considerations.

The proposed development will not have significant adverse impact on the natural, built or social environment or economic impacts on the locality.

The proposed development is considered suitable for the proposed site.

The development application was notified/advertised in accordance with Development Control Plan 2014.

The proposed development is unlikely to prejudice or compromise the public interest.

 

How community views were addressed

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

Report No. 13.13         PLANNING - Development Application 10.2019.458.1 Multi Dwelling Housing Comprising Eight (8) Dwellings at 6 Julian Rocks Drive Byron Bay

Directorate:                 Sustainable Environment and Economy

Report Author:           Luke Munro, Planner

Noreen Scott, EA Sustainable Environment and Economy

File No:                        I2019/1630

                                       

 

 

Proposal:

DA No:

10.2019.458.1

Proposal description:

Multi Dwelling Housing Comprising Eight (8) Dwellings

Property description:

LOT: 41 DP: 714410

6 Julian Rocks Drive BYRON BAY

Parcel No/s:

36140

Applicant:

Lismore Venture Pty Ltd

Owner:

PD Lismore Pty Ltd & Windmill Property Investments & others

Zoning:

R2 Low Density Residential

Date received:

30 August 2019

Integrated / Designated Development:

    Integrated

    Designated

    Not applicable

Concurrence required

No

Public notification or exhibition:

-    Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications

-    Exhibition period: 12/9/19 to 25/9/19

-    Submissions received: 21 – including 5 petitions

-    https://www.byron.nsw.gov.au/Council/Council-meetings/Additional-Supporting-Information (#E2019/86404)

Planning Review Committee:

Not applicable / Date of PRC

Variation request

    Clause 4.6

    SEPP 1

    Not applicable

Delegation to determine

Council

Issues:

·    Inconsistent with character of the locality;

·    Non-compliance with key controls in Byron DCP 2014 – building height plane, setbacks, private open space;

·    Design provides poor residential amenity; and

·    Inconsistent with SEPP (Affordable Housing) 2008

 

Summary:

 

The development application is made under the provisions of State Environmental Planning Policy (SEPP) - Affordable Rental Housing 2009.  The proposal consists of eight (8) two storey townhouses; two (2) being studio dwellings, two (2) containing a single bedroom, and four (4) containing two bedrooms. The dwellings are arranged in three groups, with the four two-bedroom townhouses arranged in groups of two, and the third group of townhouses consisting of the two one-bedroom townhouses and the two studios.

 

All townhouses are arranged around a central internal car parking area. Two (2) dwellings are proposed to be set aside for affordable housing as defined by the SEPP. 

 

The studio dwellings are in fact one bedroom units and have a floor space of 46m2.

The proposed dwelling size is less than that set by way for the non-discretionary standard within the SEPP, resulting in units that provide poor internal amenity for future residents.

 

Further the development provides 50% of the proposed dwellings with adequate solar access which is below the non discretionary standard of 70% under the SEPP further reducing the amenity for future residents.

 

The proposal also takes advantage of the reduced car parking provisions of the SEPP, proposing six (6) spaces, arranged in a central uncovered parking area.

 

The proposal is inconsistent with the following requirements of Byron DCP 2014:

·    Building height plane – encroachments on both residential boundaries;

·    Setbacks – covered external decks intrude within the front setbacks to Julian Rocks Drive; and

·    Private open space – a number of the units do not comply with the quantum of open space required.  The space provided for Units 1 & 2 is located in the frontage setback.  The low fencing results in these spaces lacking privacy and being essentially unusable.

 

The provision of housing diversity addresses an identified need in Byron Bay.  In this case, however, the application proposes a scale of development that is inappropriate in the context of the site and the R2 Low density Zoning.  It will result in a development that is significantly out of character with the locality, individual dwellings with poor residential amenity and no useable private open space, and encroachment into the building height plane, which will lead to privacy and overlooking issues for neighbouring properties.

 

The applicant has commenced a Class 1 appeal in the Land and Environment Court against the deemed refusal of the application.

 

Council’s contentions in the Land and Environment Court proceedings could be addressed by way of a redesign of the proposal, to reduce floor space and address the issues raised above, which could provide an outcome that would be acceptable in the context of the site and its locality. 

 

The development in its current form, however, is not supported and it is recommended that the application be refused. 

 

NOTE TO COUNCILLORS:

 

In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters.  Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.

 

  

 

RECOMMENDATION:

That, pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application no. 10.2019.458.1 for construction of multi dwelling housing comprising eight (8) dwellings under State Environmental Planning Policy (Affordable Rental Housing) 2009, be refused for the following reasons:

 

a)    Pursuant to Section 4.15(1)(a) of the Environmental Planning and Assessment Act 1979, the proposal is inconsistent with the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 in that:

i.     the units do not achieve adequate solar access and is inconsistent with the SEPP (Affordable Housing) 2008;

ii.    the density and scale of the development is inconsistent with the character of the area; and

iii.   the proposed development is inconsistent with Seniors Living Policy Urban design guidelines for infill development.

 

b)    Pursuant to Section 4.15(1)(a) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the first objective of the R2 Low Density Residential Zone under Byron LEP 2014, in that:

i.     The proposed 8 dwellings is inconsistent with the character of a low density environment.

 

c)    Pursuant to Section 4.15(1)(a) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with Byron Development Control Plan 2014, in that:

i.     street boundary setbacks do not comply with the standard contained at Chapter D1.2;

ii.    the proposed development encroaches into the Building Height Plane on southern boundary, resulting in impacts on neighbouring residential properties;

iii.   inadequate useable private open space is provided to the units, with private spaces proposed within the front setbacks and overlapping private open spaces between units; and

iv.   the internal unit design does not provide adequate internal amenity for future residents.

 

Attachments:

 

1        Plans - DA10.2019.458.1, E2019/65116  

 

 


 

 

Assessment:

 

1.         INTRODUCTION

 

1.1.          History/Background

 

The site is subject to the following approvals:

6.1990.2636.1                         Patio Approved 13.12.1990

10.2000.93.1                                    Change of use – Existing dwelling to Bed & Breakfast establishment     Refused 14.03.2000

10.2000.661.1                         Bed & Breakfast establishment Court Approved 06.04.2002

1.02009.54.1                           Tree removal – Three (3) trees Approved 12.02.2009

 

1.2.          Description of the proposed development

 

This application seeks approval for Multi Dwelling Housing Comprising Eight (8) Dwellings. The proposal relies on the provisions for Infill Affordable Housing under State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP ARH).

 

The proposal as described by the applicant consists of eight, two-storey townhouses: two studio dwellings, two single-bedroom dwellings, and four two-bedroom dwellings. The dwellings are arranged in three groups, with the four two-bedroom townhouses arranged in groups of two, and the third group of townhouses consisting of the two one-bedroom townhouses and the two studios. All townhouses are arranged around a central internal car parking area.

·     The studio units have a floor space of 46m2, containing a lounge, kitchen, laundry and storage at ground floor and a bedroom, bathroom and study on the upper level. 

·     The one-bedroom units have a floor space of 51m2, containing a lounge, kitchen, laundry and storage at ground floor and a bedroom, bathroom and study on the upper level. 

·     The two-bedroom units have a floor space of 70m2, with the same room configuration at ground floor (i.e., lounge, dining, kitchen, laundry and storage), and two bedrooms and a bathroom on the upper level.

 

The units will be constructed as slab on ground construction with the two-bedroom townhouses having a ground floor level at RL 4.65m (existing ground level is at approx. RL 3.50m at the front of the site). External timber decks are proposed off the ground floor, similarly elevated above existing ground level.

 

The third group of townhouses (i.e., the two one-bedroom townhouses and two studios) are located toward the site’s rear and will be constructed as slab on ground construction with the studio and one-bedroom townhouses having a ground floor level of RL 4.90m (existing ground level is at approx. RL 4.70m at the site’s rear). External timber decks are proposed off the ground floor, similarly elevated above existing ground level.

 

Vehicle access is proposed off Julian Rocks Drive to a central, uncovered parking area containing six spaces. A central bin storage area is proposed on the southern edge of the driveway in an enclosed structure, between unit 2 and the frontage of the site.

 

1.3.          Description of the site

 

The property is known as Lot 41 DP714410 and is located on Julian Rocks drive, Byron Bay.  It is irregular in shape with a 23.25m slightly curved primary frontage which tapers to 16.72m wide at the rear. The property is 951.7m2 and is oriented roughly east / west. The western boundary, which is the Julian Rocks Drive frontage, has a length of 23.25m. The eastern boundary backs onto a public reserve, with a length of 16.72m.

 

The property currently contains a single dwelling with attached garage. Development consent was issued in February 2009 for the removal of tree (3) trees on the property. Two development applications were lodged (15 February 2000 and 7 December 2000) to convert the existing dwelling house into a bed and breakfast establishment, both applications were refused. There is no substantial vegetation on the land, other than landscape plantings.

 

The property is gently sloping from the rear down towards the site frontage with an elevation of approx. RL 3.50-4.73m AHD.

 

A site inspection was carried out on 11 September 2019

 

Land is legally described as

LOT: 41 DP: 714410

Property address is

6 Julian Rocks Drive BYRON BAY

Land is zoned:

R2 Low Density Residential

Land area is:

951.7 m2

Property is constrained by:

 

 

  Acid Sulfate Soils Class 3         

Is a BDAR required due to the location of the proposed development?

Yes  No

Are there any easements in favour of Council affecting the site?

Yes  No

Is there a Vegetation Management Plan which might affect the proposal?

Yes  No

Is there a Voluntary Planning Agreement which might affect the proposal?

Yes  No

 

Acid Sulfate Soils Class 3

The property is mapped as Class 3 Acid Sulfate Soils there are no works proposed more than 1 metre below the natural ground surface and no works by which the water table is likely to be lowered more than one metre below the natural ground surface. A condition applies that no works are to be carried out more than 1 metre below the natural ground surface without submitting an Acid Sulfate Soil Management plan to Council for assessment.

 

2.         SUMMARY OF REFERRALS

 

Referral

Issue

Environmental Health Officer*

No objections subject to conditions. Refer to Doc #A2019/28041  

 

Development Engineer

Amendments required which can be managed through conditions, should the application be approved. Refer to Doc #A2019/28043  

 

S64 / Systems Planning Officer

No objections subject to conditions. Refer to Doc #A2019/28045  

 

S94 / Contributions Officer

No objections subject to conditions. Refer to Doc #A2019/28044  

 

* Conditions provided in the above referral are included in the Recommendation of this Report below

 

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 not bush fire prone land.

 

EFFECT OF 10/50 RULE ON SIGNIFICANT VEGETATION

The site is not identified as bushfire prone. The site is located in an area where this entitlement is available.  However, there is no significant vegetation on the property.

 

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 44—Koala Habitat Protection

Consideration:

The site has an area less than 1ha.  The development control provisions of this SEPP, therefore do not apply.

State Environmental Planning Policy No 55—Remediation of Land

Consideration:

Councils Environmental Health Officer has assessed the site and concluded:

The property is not on Council’s contaminated land register, the land was not used for any contaminating activities. The proposed development is for continued use of the land and there is no increase in sensitivity as a result of this development.

State Environmental Planning Policy (Affordable Rental Housing) 2009

Consideration:

The proposed development has been submitted under the provisions of Division 1 of this SEPP.  See detailed assessment below

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Consideration:

Certification provided.

State Environmental Planning Policy (Coastal Management) 2018

Consideration:

The site is mapped within the Coastal Environment Area.  No substantive issues are raised in regard to this.

 

State Environmental Planning Policy (Affordable Rental Housing) 2009

Policy requirement/summary

Proposed

Complies

8.    Relationship with other environmental planning instruments

If there is an inconsistency between this Policy and any other environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.

The provisions of this SEPP prevail over any inconsistencies with Byron LEP 2014. 

Noted

Part 2 New affordable rental housing

 

 

Division 1 In-fill affordable housing

 

 

10.  Development to which Division applies

 

 

(1)   This Division applies to development for the purposes of dual occupancies, multi dwelling housing or residential flat buildings if:

(a)   the development concerned is permitted with consent under another environmental planning instrument, and

(b)   the development is on land that does not contain a heritage item that is identified in an environmental planning instrument, or an interim heritage order or on the State Heritage Register under the Heritage Act 1977.

The site is zoned R2 Low Density Residential.

Multi dwelling housing is permissible in the R2 zone.

The site does not contain a heritage item.

 

 

Yes

(2)   Despite subclause (1), this Division does not apply to development on land in the Sydney region unless all or part of the development is within an accessible area.

Not applicable.

 

(3)   Despite subclause (1), this Division does not apply to development on land that is not in the Sydney region unless all or part of the development is within 400 metres walking distance of land within Zone B2 Local Centre or Zone B4 Mixed Use, or within a land use zone that is equivalent to any of those zones.

The site is located approximately 180m (walking distance) from the nearest edge of the B4 Mixed Use Zone (Habitat).

Yes

13.  Floor space ratios

 

 

(1)   This clause applies to development to which this Division applies if the percentage of the gross floor area of the development that is to be used for the purposes of affordable housing is at least 20 per cent.

 

 

(2)   The maximum floor space ratio for the development to which this clause applies is the existing maximum floor space ratio for any form of residential accommodation permitted on the land on which the development is to occur, plus:

(a)   if the existing maximum floor space ratio is 2.5:1 or less:

(i)    0.5:1 - if the percentage of the gross floor area of the development that is used for affordable housing is 50 per cent or higher, or

(ii)   Y:1 - if the percentage of the gross floor area of the development that is used for affordable housing is less than 50 per cent,

where:

AH is the percentage of the gross floor area of the development that is used for affordable housing.

Y = AH ÷ 100

The application proposes to use a minimum of 20% of the gross floor area of the development for affordable housing.

The existing FSR applicable in this location is 0.5:1.

Based on the formula contained in the clause, the applicable FSR will be 0.5:1 plus 0.2 = 0.7:1.

The proposal complies with this requirement.

Yes

14.  Standards that cannot be used to refuse consent

 

 

(1)   Site and solar access requirements

A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

(a)   (repealed)

 

 

(b)  site area

if the site area on which it is proposed to carry out the development is at least 450 square metres,

The site has an area of 951.7m2

Yes

(c)   landscaped area

if:

(i)    in the case of a development application made by a social housing provider—at least 35 square metres of landscaped area per dwelling is provided, or

(ii)   in any other case—at least 30 per cent of the site area is to be landscaped,

Application not made by a social housing provider.

Plans show a total of 328m2 landscaped space, which is 34% of the site.

Yes

(d)  deep soil zones

if, in relation to that part of the site area (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) that is not built on, paved or otherwise sealed:

(i)    there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15 per cent of the site area (the deep soil zone), and

(ii)   each area forming part of the deep soil zone has a minimum dimension of 3 metres, and

(iii)  if practicable, at least two-thirds of the deep soil zone is located at the rear of the site area,

A total of 135m2 deep soil zone is provided, being 15% of the site area.

It is provided in 7 areas, each having a minimum dimension of at least 3m.

The nature of the site, being a corner lot, makes it impractical to provide all of the deep soil zone to the rear.

In this case, the design intention of having the internal car parking located behind the buildings has taken priority, leaving the deep soil zones throughout the property.

In the circumstances, this is considered acceptable.

Yes

(e)   solar access

if living rooms and private open spaces for a minimum of 70 per cent of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter.

In relation to solar access (14(1)(e)), Council must not refuse development made under Division 1 if living rooms and private open spaces achieve a minimum of 70 per cent of a development’s dwellings and receive a minimum of three hours direct sunlight between 9am and 3pm in mid-winter.

 

The proposed development does not provide adequate solar access to the living rooms and private open space areas to the units as described below:

•      unit 4 – there is limited solar access to the living room of unit 4 via a small high level louvre window adjacent to the entry porch which is setback under the upper level of the dwelling and will not allow a minimum of 3 hours direct sunlight into the dwelling.

•      unit 8 – there is limited solar access to the living room of unit 8 as the private open space of unit 7 runs along the full width of the eastern elevation of unit 8. This interface will require a fence or screening to separate these two private open space areas which will limit the access to sunlight for unit 8 to significantly less than 3 hours direct sunlight.

•      units 6 and 7 – there is limited solar access to the living rooms of units 6 and 7, demonstrated on plan D-P-04 prepared by The Kollective, and dated 21 August 2019.

Only 50% of the units are provided with adequate solar access to living rooms. The proposed development fails to provide a minimum of 70% of the dwellings with adequate solar access.

 

4 of the 8 units (50%) received the required solar access and fail to achieve the minimum solar access requirements.

 

No

(2)   General

A consent authority must not refuse consent to development to which this Division applies on any of the following grounds:

 

 

(a)   parking

if:

(i)    in the case of a development application made by a social housing provider for development on land in an accessible area—at least 0.4 parking spaces are provided for each dwelling containing 1 bedroom, at least 0.5 parking spaces are provided for each dwelling containing 2 bedrooms and at least 1 parking space is provided for each dwelling containing 3 or more bedrooms, or

(ii)   in any other case—at least 0.5 parking spaces are provided for each dwelling containing 1 bedroom, at least 1 parking space is provided for each dwelling containing 2 bedrooms and at least 1.5 parking spaces are provided for each dwelling containing 3 or more bedrooms,

Application not made by a social housing provider.

 

The current dwelling sizes and classification are addressed in 2)b) below which identifies the studio dwellings are in fact 1 bedroom dwellings and parking is calculated below:

 

Application generates the following:

4 x 1 bedroom (0.4 spaces per dwelling) = 1.6 spaces required

4 x 2 bedroom = 2 spaces required

TOTAL = 3.6 spaces required

 

A total of 6 spaces are provided

Yes

(b)  dwelling size

if each dwelling has a gross floor area of at least:

(i)    35 square metres in the case of a bedsitter or studio, or

(ii)   50 square metres in the case of a dwelling having 1 bedroom, or

(iii)  70 square metres in the case of a dwelling having 2 bedrooms, or

(iv)  95 square metres in the case of a dwelling having 3 or more bedrooms.

The 2 x Studio units each have only 46m2 floor area. (incorrectly classified – addressed below)

 

The 2 x 1 bedroom units each have only 51m2 floor area.

The 4 x 2 bedroom units each have only 70m2 floor area.

Compliance with SEPP requirement would result in a total floor space of 494m2. (951.7m2 x 0.52)

Proposal provides a total floor space of 474m2.

 

The proposed development has incorrectly classified the proposed studios, which are one-bedroom dwellings. The first floor bedrooms and bathrooms are separated from the main living areas. The proposed ‘studios’ within the development are below the required 50m2 for a one-bedroom dwelling, at:

·    46m2 for each of the two ‘studio’ dwellings when considered as one (1) bedroom dwellings.

 

Any increase in the size of the ‘Studio’ (one bedroom units would result in the development exceeding the maximum FSR for the site.

 

The reduced floor area results in design of the dwellings that does not provide an acceptable level of amenity, in that:

·      units do not have adequate internal area to provide a comfortable or reasonable living environment; and

·      laundries are accessible only from the external decks.

 

No

(3)   A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (1) or (2).

Noted

 

15.  Design requirements

 

 

(1)   A consent authority must not consent to development to which this Division applies unless it has taken into consideration the provisions of the Seniors Living Policy: Urban Design Guidelines for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004, to the extent that those provisions are consistent with this Policy.

Part 1 – Responding to context

Proposal is inconsistent with existing character in terms of scale and density.  It does not appropriately respond to the context of the site, given the issues associated with the internal amenity of the units as proposed and their relationship to neighbours (encroachment into Building Height Plane).

Part 2 – Site Planning & Design

In addition to character concerns, encroachment into the Building Height Plan raises the potential for privacy, overlooking and overshadowing issues.

Part 4 – Impacts on neighbours

Encroachment into the Building Height Plan raises the potential for privacy, overlooking and overshadowing issues.

Part 5 Internal site amenity

The development does not provide adequate useable private open space for each of the dwellings. The private space for units 1-2 is predominantly within the front setback of Julian Rocks Drive, which severely limits the privacy of the space.

This is also exacerbated by the raised nature to the private open space areas relative to the road reserve with bin and bike parking areas being directly adjacent to these open space areas.

 

In relation to units 6 and 7, the area of private open space overlaps the rear elevations and private open space areas of the adjoining units 5 and 8.

 

The private open space area of unit 7 will significantly impact on the private open space area for unit 8, as it directly overlooks both external and internal areas of unit 8. Any mitigation measures such as screening or fencing devices would significantly restrict access to sunlight for unit 8.

 

No

16A Character of local area

A consent authority must not consent to development to which this Division applies unless it has taken into consideration whether the design of the development is compatible with the character of the local area.

Julian Rocks Drive provides a local access loop for movement through the Sunrise residential estate, which was developed from the mid 1980s onwards.

 

In the main, the residential character is dominated by single one-storey dwellings with a small number of single storey, dual-occupancy developments throughout the area. The overriding character of Julian Rocks Drive is single storey brick and tile (or tin) dwellings with a small number of dual occupancies proximate to the subject site that are predominantly low density in nature.

 

Within the residential area north of Sunrise Boulevard, single one-storey dwellings are the majority land use, with a small number of dual occupancy dwellings, predominantly single-storey.

 

More variety exists to the southern side of Sunrise Boulevard, primarily in the form of multi-dwelling housing and dual occupancy developments. The areas to the south of Sunrise Boulevard are appropriately zoned as medium density residential R3 for multi-dwelling housing. Sunrise Boulevard provides a separation from the predominantly lower density residential land uses to the north and medium density residential land uses to the south. The dwellings in this area remain, however, a mixture of one and two storeys in height.

 

In this case, there is an inherent inconsistency in character, given the character described above, and the proposal for multi-dwelling housing within a low density residential area. 

No

17.  Must be used for affordable housing for 10 years

(1)   A consent authority must not consent to development to which this Division applies unless conditions are imposed by the consent authority to the effect that:

(a)   for 10 years from the date of the issue of the occupation certificate:

(i)    the dwellings proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and

(ii)   all accommodation that is used for affordable housing will be managed by a registered community housing provider, and

A condition can be included in to require that 2 of the proposed dwellings are to be used for the purposes of affordable housing for a period of ten years from the date of issue of an occupation certificate. (Dwellings 7 & 8 are nominated)

This affordable housing is also required to be managed by a registered community housing provider. 

*Yes

(Subject to conditions)

 

(b)   a restriction will be registered, before the date of the issue of the occupation certificate, against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.

An appropriate condition can be applied.

 

(2)   Subclause (1) does not apply to development on land owned by the Land and Housing Corporation or to a development application made by, or on behalf of, a public authority.

Noted

 

18.  Subdivision

Land on which development has been carried out under this Division may be subdivided with the consent of the consent authority.

The subject development application does not seek consent for subdivision at this time.

Noted

 

4.2A  Byron Local Environmental Plan 2014 (LEP 2014)

 

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 multi dwelling housing;

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

(c)     The proposed development is permissible with consent; and

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

 

R2 Low Density Residential Zone

Zone Objective

Consideration

To provide for the housing needs of the community within a low density residential environment.

To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposal will provide additional rental accommodation, with an affordable component, which is an identified housing need for Byron Bay.

However the scale of the proposal comprising 8 dwellings is considered to be inconsistent with a low density environment, and it is considered to  be inconsistent with the first objective of the zone

 

 

Cl.4.1E Minimum lots sizes for dual occupancies, multi dwelling housing and residential flat buildings

Development consent must not be granted to development for multi dwelling housing on land within the R2 zone, unless the property has an area of 1,000m2. This requirement is inconsistent with clause 14(1) of SEPP (Affordable Housing) 2008, which sets a minimum site area of 450m2.  As indicated above, the provisions of the SEPP prevail in respect of any inconsistency.

 

Cl.4.4 Floor space ratio

The FSR specified for the locality is 0.5:1. See comments above – an FSR ‘bonus’ of 0.2:1 is available under the provisions of SEPP (Affordable Housing) 2008. Notwithstanding the proposal has a complaint FSR of 0.49:1.0 with the LEP controls.

 

The proposed development raises no other issues in terms of the LEP.

 

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

 

None applicable

 

4.4A  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. The DCP 2014 Parts/Chapters that are checked below are of relevance to the proposed development:

 

Part A

Part B Chapters:

B2| B3| B4| B5| B6| B7| B8| B9| B10| B11| B12| B13|

B14

Part C Chapters:

C1| C2| C3| C4

Part D Chapters

D1| D2| D3| D4| D5| D6| D7| D8

Part E Chapters

E1| E2| E3| E4| E5| E6| E7

 

The proposed development complies with all sections of DCP2014, except in relation to certain prescriptive measures, which are considered further (having regard to the DCP 2014 Section A1 Dual Path Assessment) as follows:

 

Non-compliance

Comments

B4.2.5 Car Parking Requirements

Proposal does not comply with parking numbers outlined in Table B4.1

The provisions of SEPP (Affordable Housing) 2008 take precedent over the DCP controls.  Cl. 14(2) of the SEPP establishes minimum parking requirements.  The proposal meets those requirements.

D1.2.1 Building Height Plane

The proposed development encroaches into the Building Height Plane:

·    upper levels of Units 5 & 8,

·    upper floor of Units 1, 2 3 & 4, include bedroom windows, overlooking a single-storey dwelling on the neighbouring property.

The encroachment has the potential to result in privacy and overlooking issues for neighbouring properties.

D1.2.2 Setbacks

The majority of existing dwellings fronting the eastern side of Julian Rocks Drive have a front setback of between 4.8m and 6.0m and the setback is consistently greater than the minimum of 4.5m setback required under the Byron DCP 2014.

 

The proposed development has a setback to the front walls of units 1 and 2 of 4.9m. However, each unit includes a deck s