Publicbsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 12 December 2019

 

9.    Notices of Motion

9.1     Front and Centre Customer Service at The Counter

Attachment 1... Australia Post Group Mail Delivery Poll Policy.......................................... 6   

12.  Delegates' Reports

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

Attachment 1... Delegates Report - Mayor Cr Simon Richardson Presentation Case Study - The Zero Emissions Byron project Nov 2019 Melbourne............................... 19      

 

13.  Staff Reports

General Manager

13.1   TAFE NSW and Lot 12 Bayshore Drive Byron Bay

Attachment 2... Letter of support - TAFE NSW for Byron Shire....................................... 33

13.2   Byron Rail Corridor Restoration

Attachment 1... Byron rail corridor concept plans November 2019.................................. 35

13.3   Acquisition and surrender of land - Byron pool complex

Attachment 1... Proposed Plan of Subdivision - Byron Bay Memorial Pool and Crown Reserve 82000....................................................................................................... 43

Attachment 2... Letter from NSW Government - Planning Industry & Environment - Proposed exchange of lands regarding Byron Bay Memorial Pool Complex......... 44

Corporate and Community Services

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

Attachment 1... Minutes 14/11/2019 Public Art Panel....................................................... 51

Attachment 2... Public Art Guidelines - draft presented to Council for adoption December 2019  54

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

Attachment 1... Northern Beaches Gambling and Poker Machine Harm Management Council Policy....................................................................................................... 76

Attachment 2... Northern Beaches Council Gambling and Poker Machine Management Plan 2018-2023......................................................................................................... 78

Attachment 3... Analysis of Northern Beaches Councils Gambling Harm Management Policy     102

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

Attachment 1... A new risk management and internal audit framework for local councils in NSW - snapshot guide....................................................................................... 108

Attachment 2... A new risk management and internal audit framework for local councils in NSW - discussion paper.................................................................................... 118

Attachment 3... Submission to Office of Local Government (OLG) - A New Risk Management and Internal Audit Framework - Discussion Paper....................................... 224

Sustainable Environment and Economy

13.10 Climate Emergency Response - update on Resolution 19-341

Attachment 1... Climate Emergency Workshop outcomes, 6 September 2019............ 226

Attachment 2... Response to item 2.iv & v of resolution 19-341 for Report to Council Meeting 12 Dec 2019................................................................................................ 228

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

Attachment 1... 10.2018.307.1 - Recommended Conditions of Consent....................... 236

Attachment 2... 10.2018.307.1 - Development Plans..................................................... 252

Attachment 3... 10.2018.307.1 - Subdivision Plan.......................................................... 264

Attachment 4... 10.2018.307.1 - Biodiversity Development Assessment Report (final). 265

Attachment 5... 10.2018.307.1 - Arboricultural Report Final........................................... 396

Attachment 6... 10.2018.307.1 - Bush Fire Safety Authority.......................................... 413

Attachment 7... 10.2018.307.1 -  SEPP 1 Objection....................................................... 418

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

Attachment 1... Plans - DA10.2019.458.1....................................................................... 420

13.14 Final Business and Industrial Lands Strategy for adoption

Attachment 1... Minutes Resolution 19-281 - 20 June Planning Meeting....................... 435

Attachment 3... Additional lands submission summary report........................................ 438

Attachment 4... Business and Industrial Lands Strategy................................................. 454

Attachment 5... Business and Industrial Lands Strategy Background Report................ 563

Attachment 6... Business and Industrial Lands Strategy State consistency check........ 761

Attachment 7... Combined submissions additional lands Business and Industrial Lands Strategy  788

Attachment 8... Special Disclosure of Pecuninary Interest Annexure............................ 940

13.15 Our Mullumbimby Masterplan - Submissions Report

Attachment 1... Our Mullumbimby Masterplan - updated following submissions........... 940

Attachment 2... Changes to the Draft Our Mullumbimby Masterplan based on the Public Exhibition............................................................................................................... 940

Attachment 3... Staff comments on submissions to draft Our Mullumbimby Masterplan 940

Attachment 4... Combined submissions Our Mullumbimby Masterplan......................... 940

13.16 Integrated Pest Management Strategy (Resolution 19-519 )

Attachment 1... Draft Planting Control Method for inclusion into IPMS.......................... 940

13.17 Annual Emissions Inventory and Achieving Net Zero Emissions Target

Attachment 1... Report on FY2018-19 Detailed Annual Emissions Inventory................ 940

13.20 Residential Strategy and affiliated projects update

Attachment 1... Byron Bay Alternative Housing Model................................................... 940

Attachment 2... Special Disclosure of Pecuniary Interest Annexure.............................. 940

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

Attachment 1... 24.2019.53.1 - Draft  Byron Shire DCP 2014 Chapter E5 Certain Locations in Byron Bay and Ewingsdale.............................................................................. 940

Attachment 2... Planners North - 24.2019.53.1 & 10.2019.517.1 - SEE HABITAT STAGE 4        940

Attachment 3... Form of Special Disclosure of Pecuniary Interest................................. 940

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

Attachment 1... Form of Special Disclosure of Pecuniary Interest................................. 940

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

Attachment 1... 26.2019.1.1 Planning Proposal Alidenes Rd (amended version for Gateway submission)............................................................................................ 940

Attachment 2... 26.2019.1.1 - Original Planning Proposal lodged Feb2019 - Request to rezone 31 Alidenes Road - Ardill Payne & Partners (excl appendices)................. 940

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.

Attachment 1... Proposed Plans - DA10.2018.466.2...................................................... 940

Attachment 2... Submission received - DA10.2018.466.2.............................................. 940

Attachment 3... Submission received on amended plans - DA10.2018.466.2............... 940

13.26 Byron Shire Council Agricultural Action Plan Update

Attachment 1... Investigation into Agriculture in Byron Shire and Action Plan - Farming Industry Consultation Summary Report.............................................................. 940

Attachment 2... Byron Shire Council Agriculture Action Plan - post ACG meeting 12 June 19      940

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

Attachment 1... Attachment 1 Draft Planning Controls for Short Term Rental Accommodation    940

Attachment 2... Attachment 2 Ministerial Direction 3.7 Reduction in non-hosted rental accommodation period.......................................................................... 940

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.

Attachment 1... Subdivision Layout Plan 10.2017.402.4................................................. 940

Attachment 2... Modified stormwater drainage plans: 1002-MO11 and 1002-MO12 10.2017.402.4............................................................................................................... 940

Attachment 3... Updated rehabilitation areas plan 10.2017.402.4................................... 940

Attachment 4... Recommended modifications to conditions of approval 10.2017.402.4 940

Infrastructure Services

13.29 Building Asset Management Plan

Attachment 1... Draft Buildings Asset Management Plan 2019 to 2029 General Fund (excluding Caravan Parks)...................................................................................... 940

Attachment 2... Buildings Asset Management Plan Community Levels of Service Report 2019   940

Attachment 3... Buildings Asset Management Plan Customer Levels of Service Infographic        940

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

Attachment 1... All submissions for part road reserve closure and purchase 255 Repentance Creek Road Goonengerry Lot 5 DP 714077.................................................... 940

Attachment 2... Email requesting road closure application from owners 255 Repentance Creek Road Lot 5 DP 714077.......................................................................... 940

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

Attachment 1... Submissions for part road reserve closure and sale 5 Deacon street Bangalow Lot 7 Sec 10 DP 4974 and Lot 1 DP 122670................................................. 940

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

Attachment 1... Emails and application fee for road closure application 149 Federal Drive Eureka Lot 22 DP 1014053................................................................................ 940

Attachment 2... Submissions for road closure Whian Creek Road 149 Federal Drive Eureka Lot 22 DP 1014053........................................................................................... 940           

14.  Reports of Committees  

Corporate and Community Services

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

Attachment 1... Minutes 14/11/2019 Audit, Risk and Improvement Committee............ 940

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

Attachment 1... Minutes 14/11/2019 Finance Advisory Committee............................... 940  

Infrastructure Services

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

Attachment 1... Minutes 19/11/2019 Local Traffic Committee....................................... 940

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

Attachment 1... Minutes 26/11/2019 Byron Shire Floodplain Risk Management Committee         940

Attachment 2... North Byron FRMS&P - Floodplain Risks Management Study -  Draft Report     940

Attachment 3... North Byron FRMS&P - Floodplain Risks Management Study -  Figure Pack High res.......................................................................................................... 940       

 


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Minutes of Meeting

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

Public Art Panel Meeting

 

 

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Thursday, 14 November 2019

Time

11.30am

 

 

 

 

 

 

 

 


 

Minutes of the Public Art Panel Meeting held on Thursday, 14 November 2019

File No: I2019/2032

 

PRESENT:   Cr J Hackett, Cr S Ndiaye

 

Staff:   Joanne McMurtry (Community Development Officer)

            Deb Stafford (Community & Cultural Development Coordinator)

            Claire McGarry and Dan Plummer for Item 1

           

Invited Members:   Peter Wood (Arts Northern Rivers)

Community Representatives:   Rick Molloy, Julie Lipsett, Denise Napier, Lisa Hochhauser, Jack Dods

 

Cr Ndiaye (Chair) opened the meeting at 11.35am and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

An apology was received from Matthew Baird.

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes from Previous Meetings

 

Moved:

That the minutes of the Public Art Panel Meeting held on 12 September 2019 be confirmed.

(Lipsett/Molloy)

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

Staff Reports - Corporate and Community Services

Report No. 4.1             Memento Aestates (ex Railway Park Public Art Project) - proposed locations, material and form

File No:                        I2019/1593

 

RECOMMENDATION:

That the Public Art Panel recommends to Council that it:

1.       Supports the location of the Byron rail corridor for the artwork.

 

2.       Supports corten steel as the preferred material for the artwork.

 

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

 

 

 

Report No. 4.2             Public Art Guidelines and Criteria - Final Draft

File No:                        I2019/1592

 

Moved:

That the Public Art Panel has:

1.       reviewed the final draft of the Public Art Guidelines;

 

2.       provided any further feedback for incorporation into the final draft; and

 

3.       recommends that Council adopts the final draft.

 

(Ndiaye/Napier)

 

 

Report No. 4.3             Public Art Strategy - Strategic priorites and planning

File No:                        I2019/1597

 

Moved:

That the Public Art Panel recommends to Council:

 

1.       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.

 

(Wood/Napier)

 

 

Report No. 4.4             Wall near McGettigans Lane, Byron Bay - proposed Expression of Interest

File No:                        I2019/1190

 

Moved:

The Public Art Panel noted the report.

 

(Ndiaye/Dods)

     

 

 

 

There being no further business the meeting concluded at 1.45pm.


 

 

 

 

 

 

 

Byron Shire Council

 

Public Art Guidelines

 

 

December 2019

INFORMATION ABOUT THIS DOCUMENT
(INTERNAL USE ONLY)

 

Date Adopted by Council

 

Minute Reference

 

Document Responsibility

Manager Social & Cultural Development

Review Timeframe

As required

Last Review Date:

November 2019

Next Scheduled Review Date

As required or November 2021

 

Document History

Doc No.

Date Amended

Details Comments

DM1226293

30/08/12

Draft Public Art Guidelines and Criteria reported to Council Res 12-728

DM1258949

30/08/12

Draft Guidelines amended following Council Res 12-728

E2012/2479

 

Adopted by Council 25 October 2012 Res 12-799

E2014/41714

25/6/14

Draft revisions for Public Art Assessment Panel meeting 31 July 2014

E2014/72474

31 October 2014

Revisions adopted by Council resolution 14-471

E2019/43148

October 2019

Draft Public Art Guidelines – complete revision following development of Public Art Strategy, revised Policy and lessons learned from operational projects. Includes feedback from Public Art Panel members. Council would like to acknowledge the reference:

Government of WA, Department of Culture and the Arts Public Art Commissioning Guidelines, September 2015

E2019/83965

12 December 2019

Presented to Council for adoption.

 

Further Document Information and Relationships

Related Legislation

 

Related Policies

Public Art Policy (E2018/66341) adopted August 2018

Arts and Cultural Policy (under development)

Related Procedures/ Protocols, Statements, documents

Public Art Strategy (E2018/56731) adopted August 2018

Public Art Panel Constitution (E2017/14185)

Development Control Plan 2014 Chapter D8: Public Art


 

CONTENTS

 

Overview      

Introduction. 4

What Is Public Art?. 4

Models Of Acquisition And Forms. 4

Supporting Local Artists. 6

Commissioning Process 

Roles and Responsibilities. 7

Project Initiation – the Project Plan. 8

Expressions of Interest/ Selection of Artist or Work. 10

Shortlisting. 11

Concept Design Development. 12

Final Selection. 12

Contract. 13

Design Development and Documentation. 13

Production of Artwork. 14

Completion of Artwork. 14

Evaluation of Project. 14

Donations, bequests and loans 

Acceptance Criteria. 15

Management of Artwork 

Copyright, legal title and ownership. 16

Cultural Gifts and Deductible Gift Recipient (DGR). 16

Maintenance. 17

Insurance. 17

Decommissioning Public Art. 19

Table 1 – Public Art Commissioning Process

Templates List 

 

Overview

Introduction

Byron Shire Council recognises that the daily lives of residents and visitors can be enriched and enlivened through the presence of quality works of art in the Shire. Public art can add immeasurably to a community’s sense of place, contribute to civic identity, address community needs, and activate public spaces.

 

These Guidelines provide a framework to implement the Public Art Policy and the Public Art Strategy by outlining the standards and procedures for commissioning, managing, maintenance and decommissioning of public artworks. Council aims to provide one public art commission per term of Council.

 

Council’s Public Art Policy outlines Guiding Principles for public art and a policy statement. The Policy and the Public Art Strategy should be read in conjunction with these Guidelines.

 

Byron Shire Council acknowledges and pays respect to traditional custodians in Byron Shire, including the Arakwal people, the Widjabal people and the Minjungbal people of the Bundjalung Nation.

 

What Is Public Art?

 

Public Art can be defined in the broadest sense as ‘artistic works or activities freely accessible to the public’. The work may be of a temporary or permanent nature. Located in, or part of, a public space or facility provided by both the public and private sector, public art may also include the conceptual contribution of an artist to the design of public spaces and facilities.

 

Public Art can contribute other dimensions to public spaces, creating ‘beloved’ spaces, interpreting culture, making a statement and recognising heritage all the while contributing to community wellbeing.

 

Models of Acquisition and Forms

 

Artworks can be commissioned, donated or loaned to Council and each model of acquisition requires a different approach to the acquisition process and management. For further information on donations and loans, refer to p15.

 

There are several ways public art commissions can be approached, depending largely on the nature of the project and what it is trying to achieve. The most compelling public art sensitively responds to the nature of the surrounding environment and the cultural associations with its location. A number of common public art approaches include design collaborations, place-making and functional art elements.

 

Examples are outlined below.

 

Open invitation – a process that invites all artists to respond to a brief. This is the most common form of commissioning public art and includes two stages:

 

1.    Shortlisting a select number of artists from the first round EOI and inviting them to further develop their proposal for a design fee;

2.    Shortlisted artists present their concept to a selection panel who select one artist.

 

Curated – a curator is employed when an area of specialised expertise is needed for the selection of artists or artwork to fit a highly defined brief.

 

Limited Invitation – is provided to a selection of artists to either respond to a brief or to present the scope of their art practice to a panel. There is often no EOI process for this commissioning model and its most often used for smaller commissions.

 

Direct Purchase – an artwork directly purchased from an artist within Council’s procurement process. This is relevant if an artist has a particular body of work appropriate for a specific project.

 

Direct Commission – this approach differs from the Direct Purchase model in that the artwork is developed specifically for the project. Artists are sometimes interviewed as part of this process.

 

Forms of Public Art

 

Public Art can take many forms and some of the more common are described below.

 

Stand alone describes artworks that are three dimensional and freestanding rather than embedded into the structure of a building or built space. The work may be a singular piece, a series of related works or an installation. Works of this nature have traditionally been associated with permanent materials (such as marble or bronze) however contemporary artists have expanded public art practice to use a variety of materials including found objects and multimedia.

 

Integrated artwork refers to art that is integrated into a building, or built space, such as ceilings, walls, glazing, screens and floors. The work has the potential to span both the interior and exterior spaces of a built structure. Integrated artwork may also assist in defining or separating space.

 

Applied artwork refers to work that is applied to an interior or exterior surface. This may include commissioned paintings, tapestries, murals and mosaics.

 

Installation art is where the artwork and the site are integral to each other. The artwork could be comprised of a number of elements but the ensemble may be viewed as a whole. The space may be created with a particular work in mind, or the artist may respond to a given space. Installation art may include land art which can be described as art that draws attention to, or intervenes in, a particular environment and is often large scale. These works are generally not functional elements of the built environment but are more about creating landmarks that contribute to the identity of a place.

 

Ephemeral artwork describes non-permanent work that may include temporary installations, performance art, dance, projections or displays that celebrate places, events and cultural traditions. Recycled materials are common and the approach is fresh, experimental and community focused.

 

The Byron Shire Public Art Strategy provides some innovative examples of other forms, such as:

 

Light-based art can transform spaces in an affordable way. Light can be used to create ‘sculpture’ through the manipulation of colour and light to previously unimaginable scales.

 

Environmental art can draw our attention to threats to environmental concerns through thought provoking artworks.

 

Sustainable artworks reflect the essential cultural character of a place linked to the lifestyle objectives of the future, communicating sustainability messages.

 

Virtual artwork is both digital artwork and also allowing public art to occupy virtual spaces. For example, in urban art, people are encouraged through apps, or even the physical presence of their bodies to affect the artwork, in various forms of intervention where an art experience becomes highly personal or experimental.

 

Supporting Local Artists

 

Council’s Public Art Policy includes an objective to strengthen the Byron Shire cultural economy through the employment, training and provision of professional development opportunities for local artists, designers and project managers. Two ways in which Council can assist local artists to engage in public art include:

 

1.    Council, in conjunction with local arts organisation, run a workshop or series of workshops to assist local artists in up skilling in the Expression of Interest application process and their ability to meet the selection criteria for public art commissions.

 

2.    Incorporate local weighting into the assessment criteria for public art commissions. The acquisition of Public Art will be consistent with Council’s Procurement and Purchasing Policy (DM1049387), which outlines the procurement principles, including local and Australian content and procurement sustainability goals including community economic and social wellbeing, where positive social outcomes can be generated.

 


 

Commissioning Process

 

The steps that need to be considered when commissioning public art in Byron Shire are outlined in Table 1 at the end of this document. It is recognised that not all steps are relevant for every commission, however the information may still be useful and help provide context.

 

Commissioning projects will be initiated and developed in accordance with the Public Art Strategy.

 

Roles and Responsibilities

 

The process of developing public artworks for a community often involves collaboration with a range of stakeholders.

 

There are three key roles in any public art commission – the commissioner, the creator and the manager. These need to be determined for each commission and clearly defined with a contract developed for the Arts Coordinator / Curator.

 

Council (the commissioner/ acquirer) – the role of Council is to develop, manage, coordinate, and preserve Public Art resources and assets. To assist in the role, Council works in consultation with the Public Art Panel for advice.

 

Public Art Panel – the role of the Panel is outlined in the Constitution for the Panel and includes:

 

a) Advise Council on Public Art trends and issues and manage expectations of the Byron Shire community.

b) Assist Council in meeting the objectives of the Public Art Policy.

c) Devise a Public Art Strategy, which sets out a proactive approach to public art in the Byron Shire.

d) Assess public art donation and loan proposals against the Public Art Guidelines and Criteria and provide recommendations to Council.

e) Provide advice, if required, pertaining to Public Art in private developments as per the Development Control Plan for Public Art and the Public Art Strategy.

The Artist or creator – the roles and responsibilities of the artist need to be clearly defined during the establishment of the project brief and any contracts developed.

 

Primarily the role of the artist will be to develop and produce the artwork. The artist responds to issues defined in the brief, such as interpreting history or responding to local community values. The artist should be available as required to assist with community consultation processes.

 

Other tasks for the artist include:

·    Liaise with engineers/fabricators in the design and costing of the artwork

·    Consider risk management and assessment issues

·    Manage fabrication and installation with subcontractors

·    Work in collaboration with other artists or design professionals, such as architects

·    Develop a maintenance plan for the artwork and undertake project evaluation.

 

The Curator/ Arts Coordinator (the project manager) – the Arts Coordinator will be contracted for special projects by Council on a case by case basis. Responsibilities may include:

 

·    Manage the artwork acquisition/ commissioning process from end-to-end

·    Liaising with the commissioner, the architect, the artist and the building contractor

·    Advising on appropriate commissioning models

·    Assisting with aspects of project planning from the inception

·    Writing the brief for the artists for the EOI and having input to other parts of the Project Plan as appropriate

·    Recommend an appropriate panel membership for the project

·    Manage media and the implementation of the Community Engagement Plan in conjunction with Council

·    Manage the EOI and the artist shortlisting process, and the final selection of the successful candidate

·    Manage the commission model selected for the project, for example open invitation or limited invitation

·    Organise an architect’s briefing and, where appropriate, a site visit for shortlisted artists

·    Ensure the artist’s contract is signed

·    Attend Panel meetings to answer questions in relation to the design and installation

·    Provide timely (fortnightly) advice on issues and concerns relating to the commissioning and installation process

·    Manage studio visits where appropriate to view work-in-progress

·    Examining artwork items to determine condition and authenticity (quality assurance)

·    Work in collaboration with artists and other Council staff and subcontractors regarding the placement of artwork.

·    Ensure timely progress payments to the artist and that the work is completed and installed on time

·    Examining items to determine condition and authenticity

·    Identify and classify artwork

·    Keep and maintain records about all items including images and data for the project.

 

Project Initiation – the Project Plan

 

A Project Plan developed using the Public Art Project Plan is a first step in commissioning an acquisition. The following considerations need to be included in an overarching Project Plan.

 

Arts Coordinator Engagement

 

The first step is in determining if an Arts Coordinator will be engaged for the project. The Arts Coordinator can lead the development of the project including the Project Plan documentation outlined in this section.

 

A contract should be prepared for the Arts Coordinator/ Curator if required and call for Expressions of Interest to fill the role prior to the next steps being implemented.

 

 

Select a commissioning model/ approach

 

There are many different commissioning models and some are outlined in the Overview Section – Models of Acquisition and Forms on p4-5.

 

The most appropriate model for a project will depend on a number of factors, including the scope of the project, the budget, whether it is a new build or a refurbishment, how the overall project is being contracted, the location and profile of the site. Some public art projects use a combination of commissioning models.

 

Whatever model is selected, ensure there are realistic delivery timeframes and budget factored into the project timeline.

 

Risk Assessment and Management

 

A Risk Management Plan must be developed for the project and will inform development of a Community Engagement Plan.  Of particular note, no Council managed projects will link the timeline of a public art project to the deliverables of major infrastructure projects. Public art projects must stand alone.

 

Community Consultation

 

A Community Engagement Plan is to be developed for the project outlining the key stakeholders and how community consultation, feedback and input will be managed throughout the project.

 

The Plan needs to articulate the various roles and responsibilities in community engagement, including the media spokespersons, and alternate spokesperson, for the project.

 

Budget

 

At the commencement of each Council term, benchmarking of public art commissioning budgets will occur using a range of regional and metropolitan examples as a baseline.

 

Development of the budget should consider the following:

 

·    Management fee for the art coordinator

·    Design concept fees for the shortlisted artists

·    Design fee for the successful artist if relevant

·    Additional insurances if required

·    Transport costs to site

·    Any permits or approvals required

·    Footings and foundations

·    Remedial work to the surroundings

·    Provision of power and water

·    Interpretive material (such as plaques/ signage etc.)

·    Installation costs

·    Ongoing maintenance and conservation of the artwork.

 

 

 

 

Installation Preparation

 

When considering the site for installation of a public artwork, the following checklist may be helpful in determining project plan steps:

 

·    Is installation consistent with the Plan of Management or other strategic plans for the proposed site?

·    Is the site ready for work to be installed?

·    Does timing of installation avoids busy holiday periods

·    Is a concrete pad or foundation works required?

·    Have all the services been appropriately prepared, such as electrical?

·    Have all site dimensions and measurements been confirmed?

·    Is access to the site restricted in any way?

·    Are any permits or approvals required?

·    Will traffic arrangements be required for installation?

·    Are the relevant installation contractors engaged and prepared?

·    What tools and equipment will be required?

·    Is appropriate insurance in place, including during transportation?

·    Are WHS requirements understood and provisions in place?

·    Are any parking approvals/ arrangements required for contractor vehicles?

 

Artist Brief

 

The artist brief should be flexible enough to allow for a creative response, while still meeting Council’s needs and any specific functional and technical requirements.

 

A Public Art Brief has been developed for use. Additionally, the brief will outline the selection criteria that will be used to assess the different stages of the submission process.

 

Artwork Selection Committee

 

Determine if a separate artwork selection committee will be required for the project and make steps to establish a committee for the assessment of submissions leading to the selection of the final artwork.

Expressions of Interest/ Selection of Artist or Work

 

The artwork brief is usually released through an EOI process. In some circumstances an EOI is not the preferred method of procurement. In these cases an artist’s briefing session may occur or artists can be directly commissioned.

 

The EOI submission usually includes:

·    The artist’s CV

·    Written responses to the artist’s brief, with demonstrated experience relating to the selection criteria

·    Relevant images of past artworks.

 

Broad reach to a maximum number of artists would include print and online advertising including via professional arts organisations, art coordinator networks, social media and via media release. An EOI is usually open for three to four weeks, although larger commissions may be open for longer.

 

In addressing the criteria outlined in the Project Brief, artists will be required to submit a rigorous response comprehensively describing their proposed concept, their approach, philosophy and professional capability to deliver a public commission.

Shortlisting

 

The purpose of this stage is to ensure the successful selection of an artist through an equitable and transparent process.

 

For commissions involving an EOI process, the applications are assessed against the selection criteria by a selection panel. The panel composition varies according to each project but usually includes the project architect and other relevant stakeholders. The panel is generally facilitated by the art coordinator, who is a non-voting Chair.

 

In assessing each concept, as per the assessment template, the Public Art Panel aims to ensure that the successful proposal:

 

1.        responds to the curatorial content of the Art Brief

2.        is of a high standard in terms of design and technical and structural execution

3.        is culturally appropriate

4.        requires minimal maintenance

5.        does not pose risk or WH&S management issues

6.        best meets the requirements outlined in the project brief and Council’s objectives

7.        meets relevant building and safety standards

8.        does not pose any long-term conservation issues

9.        meets the requirements of the project budget

10.      will meet the specified timeframe; and

11.      is assessed on the basis of the guidelines outlined in this document and Council’s Public Art Policy.

 

The panel members may review and rank each application individually against the selection criteria before meeting to undertake a group assessment using the same process. Short listing may result in a number of artists being interviewed by the Public Art Panel.  Alternatively the number of artists to participate in the concept stage may be selected directly therefore bi-passing the interview stage.  Depending on the scope of the project, two or three artists will be selected to go onto the concept design stage.

 

Commissions for large projects may instead shortlist a pool of artists who may be called upon to submit a project proposal.

 

A report is prepared using the information from the selection panel for a Council endorsement of the decision. Artists are notified in writing of the outcome of the EOI process. The panel deliberations should be kept confidential; however artists may seek feedback about their submission. Council is not obligated to proceed with a commission if the calibre of submissions does not meet expectations of quality.

 

Once the preferred public artwork concept has been selected by the Public Art Panel, a recommendation for the preferred artist will be made to Council for endorsement.


 

Concept Design Development

 

Some Limited Invitation and Direct Commission models may bypass the EOI process and commence the public art project at the Design Concept stage. For commissioning models using an EOI process, the design concept stage allows shortlisted artists to develop the concepts they submitted as part of the EOI process.

 

Shortlisted artists will be required to enter into a Concept Design Agreement (contract). A fee should be paid to all shortlisted artists to assist with the development and production of the design concept. The fee does not include the rights to concepts, drawings, maquettes and models submitted as part of the presentation, which remain the property of the artist.

 

To provide the shortlisted artists with more detailed information about the commission, a briefing is usually held. The briefing may include presentations by the art coordinator, the commissioner (Council), architect and any other relevant professionals, as well as a site visit.

 

The design concept to be developed by the artist must include:

·    A written description of the artwork and response to the theme

·    Drawings, sketches and/or digital images indicating the location, scale, colour and materials of the artwork and where appropriate, a 3D model r digital images of the proposed artwork

·    Material samples

·    A methodology for community participation/ consultation in the project

·    Details of major fabricators, industry collaborations and other design professionals required to produce the artwork

·    Preliminary budget or cost estimates

·    Work program and payment schedule - must be able to demonstrate the viability and construction methodology of the public art concept to an agreed budget.

·    Proof of relevant insurances

·    Preliminary details of installation requirements.

 

Artists are usually given four weeks to submit their design concept, however, this depends on the scope and complexity of the commission.

Final Selection

 

Artists will be required to present their concept design to the Public Art Panel who will review all designs and select the final public art work and refer to Council for final determination.  The selection panel will assess the presentations and the design concepts using a similar process to that undertaken in the EOI process.

 

The assessment should consider:

·    The response to the brief and whether the artist has an understanding of the project objectives

·    The quality and creativity of the proposal

·    Previous experience

·    Appropriate level of skill to match the requirements

·    That the artist has the resources and capability to deliver the proposed works.

·    Demonstrated ability to work collaboratively with the project team and the community

·    Realistic implementation/deliverability and budget.

 

The artist will be required to submit a maintenance plan, as per document template, prior to Council’s endorsement of the concept design.

Contract

 

Once the preferred artwork has been endorsed by Council, the successful artist will be offered a contract agreement (template Public Art Commission Agreement) that will outline the specific terms and conditions of the project between the parties.

 

The contract should include a work program with milestones, including a payment schedule. The contract may also address specific requirements of the project, such as:

 

·    Who pays for preparatory work such as services and fixtures

·    Who pays for transport, delivery and installation of the artwork

·    Who organises and pays for remedial work around the artwork after installation

·    Who provides for the hire of equipment or professional advice which may be needed for items such as the footings or installation

·    Who insures the work in progress and when does the responsibility transfer

·    Who is responsible for maintenance and care of the completed artwork.

 

An open and collaborative communication process will be encouraged between all parties at all stages of a commission. Variations to the contracted arrangements will be reported to the Public Art Panel for comment or advice.

Design Development and Documentation

 

During design development, the artist or artist team will:

 

·    Review and refine the original design concept, particularly in response to any comments or directions that may have been made by the selection panel during the final selection meeting

·    Review and finalise the budget by securing firm quotations from suppliers and/or fabricators

·    Meet with the project architect to finalise locations and resolve any integration issues

·    Meet with other design professionals as required, such as landscape architects and Aboriginal stakeholders

·    Meet with material suppliers and/or fabricators

·    Produce samples or prototypes

·    Undertake further research of materials and finishes before making final selections.

 

The artist will provide final design and construction drawings, prototypes, samples and documents as part of the design documentation stage, noting any amendments to the original design proposal. Where appropriate, the artist meets with the engineer to obtain engineering specifications and certification where they are required for the structural elements or fixing.

 

The artist also needs to demonstrate that any professionals they engage have the relevant insurance.

 

Note: This is a project hold point until appropriate and sufficient documentation is provided and accepted by the Public Art Panel, and Council has provided approval to progress the project.

Production of Artwork

 

The artist will be responsible for ensuring construction/fabrication complies with all relevant standards and Council policies and planning instruments.  Fabrication of the public art proposal will be monitored by a relevant Council officer or Arts Coordinator.

 

During this stage, the artist will be required to meet the milestones outlined in the contract, which in turn will trigger progress payments to be released. During production, the artist will provide regular, written updates (including images) on the progress of the artwork to the Arts Coordinator. These updates will be provided to the Public Art Panel. Where appropriate, a studio visit is undertaken by the Art Coordinator and may also involve the architects and other stakeholders.

 

Installation of the public art work will be determined at the Commission Contract stage.  It may be the responsibility of the artist and/or Council to install the art work.  Responsibility for installation and maintenance will be determined at the project brief development stage. 

Completion of Artwork

 

Once the artwork has been completed according to the terms of the contract and brief, the artwork will be installed in accordance with the conditions outlined in the contract between the artist and Council.

 

At the end of the project, the artist should provide Council with images and a final maintenance report, as per template. An event may be organised involving the artist and stakeholders to celebrate and promote the project.

 

Once installed, the artwork will be inspected by Council staff or nominated professional engineer as per template and a Certificate of Practical Completion (template) issued. At this stage, the final fee, less the retained which may be held until completion of the Warranty Period as per the Commission Contract (clause 7.4), is paid to the artist and the artwork is entered onto Council’s public art register.

 

Following a further three month period, a Certificate of Final Completion (Appendix 8) is issued if no ongoing structural or maintenance issues are identified.

Evaluation of Project

 

At the completion of the project an evaluation of the project should be conducted. This information can be used to review processes and maintain best-practice in the commissioning of public art.

 

A template has been prepared for this purpose: Project Evaluation Template.

 

The Cultural Development Network outlines five cultural outcomes on which to evaluate the benefit to the community of art and these are available in the template as options for evaluation.


 

Donations, bequests and loans

 

Byron Shire Council may be offered donations and gifts of public artworks by individuals or commercial entities wishing to make a cultural contribution to the Shire.  While Council is grateful for such offers, it is not obliged to accept the artworks since they may carry with them expensive responsibilities for installation, maintenance, conservation and decommissioning. 

 

When an artwork is loaned to Council, the artist will be responsible for maintaining and insuring the Public Artwork on loan.  It is the artist’s responsibility to inform Council prior to undertaking maintenance and repairs on the art work. Council will not be responsible for any damage, loss or destruction of loaned artwork. Artworks are loaned to Council for a defined period and an assessment of the artwork for loan is usually undertaken by the Public Art Panel. Council will only agree to accept public art loans which meet the criteria established by the Policy, Strategy and these Guidelines.

 

Council will only agree to accept public art donations, bequests and loans which meet the criteria established by the Public Art Policy, Public Art Strategy and these Guidelines.

 

Acceptance Criteria

 

Proposed public art donations and bequests will be assessed by the Public Art Panel which will then make a recommendation to Council for consideration and endorsement. (Template: Checklist for Assessment of Public Art Loans or Donations.) Any proposed donated or loaned public art may undergo a public consultation process where the community will be given the opportunity to have a right of reply.

 

It is the responsibility of the artist making the donation or loan, to provide the Public Art Panel with enough information to make an assessment of the proposal. This includes submission of the following:

 

·    A Public Art Asset Application pro forma (Template)

·    A Public Art Risk Assessment (Template)

·    A Public Art Maintenance Manual (Template)

·    Other information such as the artist’s CV, artistic statement, Photo’s/ drawings providing visual samples of proposed work and proposed signage to accompany the artwork (see 7.2)

 

It is at Council’s discretion if, and where donated and bequest artwork will be displayed.

 

Signage for artwork will be required to be presented at the project proposal stage for approval by Council.  Signage is limited to the name of the artist and a brief artist statement.

 

 


 

Management of Artwork

 

Art work subject to the Guidelines may include, but is not limited to, sculptures, bronzes, paintings, murals, mosaics, and other approved design elements and pieces installed in Council public places, private sites which impact on the public domain and Council-managed/owned buildings and public infrastructure within the Byron Shire.

 

Council maintains an Asset Management System with a layer of GIS data of the location and condition of artworks in public spaces.

 

Council also maintains a Visual Arts Register of Council owned paintings and other visual artworks located within Council buildings. Council have received a collection of visual artworks over many years by donation or acquisition. As there is no public gallery in Byron Shire, these artworks are displayed in public buildings such as Council offices and community facilities.

 

Copyright, legal title and ownership

 

An artist’s moral rights are protected under the Copyright Amendment (Moral Rights) Act 2000. Under the Act, all original artwork must be attributed to the artist.

 

The ownership of the public artwork and copyright will be determined within the acquisition process and the land on which it is located. Artwork donated to Council is generally owned by the community with Council holding responsibility for the artwork on behalf of the community.

 

All public artworks will need to be registered as an asset and placed on the Public Art Register which has been developed by Council.  The Register of Public Art will be maintained by Council officers.

 

Council may contribute financially to donated or bequest artwork. Council reserves the right to on-sell or re-donate the artwork.

 

Cultural Gifts and Deductible Gift Recipient (DGR)

 

Certain organisations are entitled to receive income tax deductible gifts and tax deductible contributions.  They are called Deductible Gift Recipients (DGRs).  Byron Bay Library and Lone Goat Gallery are registered as a Deductible Gift Recipients and gifts or donations to the library are tax deductible.  Please note that the Lone Goat Gallery does not collect artworks (i.e. there is no Gallery collection). Gifts donated to all other parts of the council are not tax deductible.

 

The process for donating/receiving gifts for the library is outlined in the Department of Regional Australia, Local Government, Arts and Sport’s Cultural Gifts Program.

 

 


 

Maintenance

        

Ongoing Maintenance

In commissioning public artworks and in accepting bequests and gifts, Council accepts the inherent responsibility to maintain the work of art and its surroundings in a manner which is consistent with the design intent of the work, does not significantly inhibit or alter the intended perception of the work and is in accord with the instructions contained in artist's Maintenance Manual for the work (Template), whose annual requirements will have been assessed and approved prior to the work's fabrication as being appropriate and within Council's financial and human resources.

 

The maintenance manual provided by the artist should include:

·    a complete description of the artwork including digital images and the date of completion;

·    the artist contact details;

·    a maintenance schedule and a written agreement on who is responsible for the ongoing maintenance;

·    the expected lifespan of the work;

·    the method of construction, the types of materials used and the details of the fabrication company;

·    details of any electrical and/or mechanical systems installed;

·    any specific instructions or products to be used when cleaning and maintaining the artwork;

·    any instructions to respond to urgent maintenance issues such as vandalism.

 

Council does not accept responsibility for the maintenance of public art which has been loaned. This responsibility lies with the artist.

 

Council also accepts that making provision for proper upkeep, maintenance, and minimisation of vandalism includes the requirement for forward identification and cost planning of the progressively increasing annual cost of public art maintenance as the number of commissioned works grows.

 

Repairs

In all cases, the artist should have the first option to carry out repairs or recommend an appropriate repairer; however, the artist may not always be available and may wish to nominate a conservator, gallery, agent or organisation to be the first point of contact to provide initial advice, names and addresses of fabricators and suppliers of materials for replacement components, technical advice or repairs, as relevant and any details of spare parts that have been lodged. 

 

Insurance

 

Council Insurance

All commissioned and donated artworks will be recorded on the Public Art Register and will be the property of Council thus will be valued and covered under Council’s insurance.

 

The processes of installation, maintenance, moving the artwork or decommissioning, will need to be considered on a case-by-case basis with Council’s insurers. In the case of damage where Council insures an artwork, negotiations will be required to ascertain who will pay the excess fee if damage is sustained.

 

Artists are responsible for an artwork while it is the control of the artist i.e. until Practical Completion, such as in transit and installation of the artwork on site. The artist must maintain their own insurances, including public liability and workers compensation. Once the work is formally handed over to Council, only then will it be insured by Council.

 

Artist Insurance

Insurance is an important aspect of public art and artists and their subcontractors need to look carefully at the insurance requirements outlined in the commission contract or agreement before signing it. 

 

All artists who loan public artwork to Council should have their own insurance. 

 

Property Insurance

All loaned art work will be provided by the artist at the artist’s risk.  Council will not be responsible for any damage, loss or destruction of donated or loaned artwork.  This includes the removal of graffiti and any rectification work required to maintain the donated artwork.

 

Workers Compensation

A practitioner who is an independent contractor will be responsible for taking out workers’ compensation insurance to cover themselves and anyone the practitioner employs directly to work on the commission, both on and off site.  The cost of the insurance should be included as an item in the commission budget.

 

Public Liability

Council will be responsible for public liability of any public artwork commissioned, or donated if displayed for public art.

 

Decommissioning Public Art

 

All artwork has an intended lifespan. Decommissioning refers to the process undertaken to remove a work of art from public display, or from a public collection.  If an artwork has reached its intended lifespan, has been damaged or destroyed, or is no longer safe, there may be a need to remove or relocate the artwork.

 

Council will undertake a review of its public art work assets annually to assess the value of the asset life.  The decision to decommission public artwork will be informed by the asset management and maintenance framework relevant to each public artwork.  The Decommissioning Public Artwork pro forma (Template) has been developed to assist Council with determining the need to decommission public art works.

 

Criteria for decommissioning

Before an art work may be considered for removal from public display, a formal process should be implemented and may consider:

 

·    any conditions relating to the decommissioning of the artwork, as outlined in the original contract;

·    changes to the environment impact on the integrity of the work, affecting the artist’s original intent or moral rights;

·    whether the work has deteriorated and represents an unacceptable level of risk or danger to the public

·    whether the artwork is beyond restoration or the cost of restoration is excessive in relation to the value of the public artwork;

·    the opinions and advice of relevant stakeholders, including the artist, maintenance contractors, the owners of the building or land on which the artwork is located, or any other experts, such as engineers;

·    community or cultural issues associated with the artwork, building, land and/or original commissioning process.

 

The Public Art Panel will be responsible for reviewing Council’s public artwork collection and for implementing the decommissioning process.  Any artwork identified for decommissioning or remediation should not be removed, relocated, sold or destroyed without first notifying the artist.

 

The Panel will be required to consult with individuals with the relevant qualifications and/or expertise prior to making a decision to decommission public art works (e.g. legal advice, a conservator, curator; technical and structural experts and relevant Council staff). 

 

All recommendations to decommission artworks will be referred to Council.

 


 

Table 1 – Public Art Commissioning Process

Templates List

 

Old
(All attached as Appendices E2014/72474)

New

Comment

Stage 1 – Project Initiation and Development

 

Public Art Project Plan (for commissioned projects) including:


- Art Coordinator contract

- Risk Management Plan
- Community Engagement Plan
- Commissioning model
- how artist will be selected 
- budget
- installation considerations for site

Newly developed

 

Public Art Commission Checklist for staff (draft E2019/21165)

New

Appendix 1 - Public Art Project Brief Pro-forma

Public Art Project Brief including assessment criteria for selection

E2019/52317

Template based on Bayshore Drive Roundabout Project (E2018/39447) and Railway Park Project (E2018/54712).

Stage 2 – Selection of Artist

Appendix 4 – Public Art Concept Design Assessment Sheet

 

Based assessment criteria developed during Project Brief phase

Appendix 2 – Notification of unsuccessful public art proposal

 

 

Stage 3 – Concept Development

Appendix 3 – Public Art Concept Design Agreement Template

 

To be replaced with document from Arts Law Centre of Australia

Appendix 4 – Public Art Concept Design Assessment Sheet

 

Amended to suit stage 2 of the process - based on assessment criteria developed during Project Brief phase

Stage 4 – Implementation

Appendix 5 – Public Art Commission Contract

Purchased Arts Law Centre of Australia Commissioning Agreement: Public Visual Artwork.

To be adapted as required for Council/ project purposes

Engineer Inspection Checklist/ sign off

 

New

Appendix 9 – Public Art Asset Application pro-forma

 

 

Appendix 6 – Public Art Maintenance Manual example

 

 

Appendix 10 – Public Art Risk Assessment

 

 

Appendix 7 – Public Art Certificate of Practical Completion

 

 

Appendix 8 – Public Art Certificate of Final Completion

 

 

Other

Appendix 13 – Checklist for assessment of Public Art loans or donations

 

 

Appendix 11 – Decommissioning Public Artwork pro-forma

 

 

Appendix 12 – Maps showing parks in Byron Shire

 

Delete

Project Evaluation Template

 

New                     

 

Evaluating Cultural Outcomes

E2019/52364

New – information

 


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Assessment of Northern Beaches council Gambling and Poker Machine Harm Management Policy and plan

November 2018

This is an assessment by the Alliance for Gambling Reform of the recent adoption of a policy addressing gambling harm by Northern Beaches. We have analysed the policy and supporting document and make suggestions as to stronger action which might be considered by another council, and where there are gaps in coverage of the policy and/or plan.

We consider this a strong policy, especially given the environment in NSW in terms of gambling industry influence. We were heartened to see that Northern Beaches council received double the number of submissions in support of the policy than against it, despite the concerted efforts of the 39 clubs and other hotels in the LGA to stop the policy being adopted.

Actions taken by Northern Beaches council

On September 25th 2018, Northern Beaches council modified and then adopted a Policy and Plan to address Gambling and Poker Machine Harm in the LGA. This makes the Northern Beaches council only the second in NSW to adopt such a policy, in contrast to nearly 50% of Victorian councils.

Adopting a policy and plan of any sort by a council in NSW is a significant action, which is a statement of community leadership and a response to the gambling industry which the industry is unused to receiving.

 

Vision statement

The principles set out in the Policy statement are excellent.

Changes: potentially in the final Principle point, where gaming operators such as clubs and hotels are specified, everyone body else, including gambling counselling and community service organisations are lumped together. Specifying counselling and service providers as stakeholders in the same way that clubs and hotels are, indicates the view of the Council that they are equally important, and flags the kinds of organisations which staff should ensure are included in any stakeholder engagement.

 

Advocacy role

There is a clear recognition that councils have a role to play in lobbying state governments around actions which impact on their communities.

The Council also intends to lobby the LGNSW Association to also lobby state government, in a manner which was discussed at the 2018 LGNSW conference, based in part on proposals from Liverpool and Byron Councils.

Changes: the items Council intends to lobby about are very broad: “minimize EGM and other gambling harm”. Lobbying aims could perhaps include specifics. As the track changes document shows, the original report suggested lobbying the State government to adopt all the recommendations of the Productivity Commission (2010) and the Upper House Select Committee (2014). Another Council seeking stronger advocacy guidelines could adopt these recommendations as a basis for lobbying.

 

Local Impact Assessments

Northern Beaches policy requires the Council to consider each LIA, including potential harms it may cause even if it is a Class 1 LIA.

One of the weakest parts of the entire regulatory system in NSW is the Local Impact Assessment process. Since the legislative changes in March 2018, many venues are no longer required to submit an LIA to move EGMs into a venue. Most of the LIAs will remain Class 1 applications, which require the operator to simply note any benefits. Class 2 applications require at least a semblance of balance, as the applicant must address net benefit, meaning harms must be referred to. However, the guidelines for assessment now make it clear that a simple dollar figure for grants or donations will be sufficient to be defined as a community benefit (that is, there is no need to evaluate whether the amount is needed, used for purpose, or whether the purpose provides a benefit). We have seen LIAs where a hotel’s expenditure on replacing its own carpet ‘for safety purposes’ was claimed as a community benefit.

The legislation regarding harm minimization is scanty. For instance, allowing a patron to self-exclude is mandatory. Most venues now belong to ClubSafe or BetSafe, both offering a mechanism by which a patron can self-exclude from multiple venues. Many venues claim this multi-venue exclusion as their sole action to address harm above legislative requirements and assert that this alone, along with a certain amount of money, address any potential harm from the EGMs they seek to install.

Changes: There is no clear process to ensure that the GM/CEO and all councillors are informed when an LIA notification is received by Council. This means the matter might be dealt with by staff while councillors, and through them the community, are completely unaware that an application has been lodged. ILGA may send the notification to a staff member who has no idea of how to deal with the notification or prepare a submission. Good processes including nominating a senior council staffer to be responsible for submissions, and requiring that all councillors receive a copy of the ILGA or applicant’s notification, are essential.

Council should lobby the ILGA or State government to ensure that any council is notified of any movement of EGMs, even if the venue is not required to lodge an LIA.

Some Victorian councils have a policy that states the circumstances under which they might support an LIA, while others have a policy which states that the Council will oppose any application under any circumstances. NSW Councils should have a policy on their response to an LIA.

 

 

Community education

Northern Beaches Council is committed to providing information about gambling harm and avenues for help. The plan calls for the council website to be the main method of providing information, in collaboration with “clubs, hotels, and other relevant bodies/stakeholders”.

Changes: Given that the information council is providing is related to gambling harm and help for problems, the main stakeholders listed as collaborators should not be the venues which make profits from gambling, but the gambling counselling services located on the Northern Beaches, or in the community of a council which adopts a similar policy.

Web-based information can be very powerful, as some Victorian councils demonstrate. However, a stronger policy would commit a council to additionally holding community information events, or including information about local services in the variety of ways that are listed in the discussion point that accompanies the Action statement (brochures at libraries, community centres and customer service outlets, as well as active promotion through presentations and seminars).

A Council could sponsor an annual gambling harm forum, or ensure that each of the interagencies that it supports (homelessness, DV, multicultural, heath etc) has a gambling taskforce subcommittee.

(search for gambling on the Whittlesea Council website to see what an active council does).

Clubgrants

Council staff will be the representatives on the ClubGrant committee and will seek a fair and equitable distribution of funds.

The Alliance considers the NSW ClubGrants scheme to be fundamentally non-transparent and unsound. There is no legislative requirement for clubs to list the grants they give in any LGA. They only need to demonstrate to Liquor & Gaming that they reach a modest threshold of total grants before they are eligible for a tax discount. They are not obliged to report the details of category 2 grants to Liquor & Gaming at all. Anecdotally, we are aware that NCOSS representatives on ClubGrant committees in NSW are ignored by club representatives when grant decisions are made. Clubs are able to make grants to themselves but use the (unverifiable) total amount of their grants as a defence against accusations that poker machine losses harm communities. Some individual grant amounts are risibly small ($50) but allow clubs to appear to be good community members by saying that they gave a (amount unspecified) grant to a small organisation.

Changes: Council should only consider supporting ClubGrants schemes in their LGA if there is a transparent process in place where all applications for club grants in the LGA are listed, and all successful grants (including details of recipients and amounts) in the LGA are also listed, on the Council website, for category 1 and category 2 ClubGrants. ClubsNSW has established an on-line system for applications, so obtaining the information should be simple.

Council should also demand that there be evaluations of the effectiveness of the grants and a demonstration that they are of benefit to the community. Council should have a plan to follow, including withdrawing support, if transparency or evaluation process are not put into place, or demonstrate flaws in the system.

Gambling sponsorship bans

Council will seek to ban gambling sponsorship “on its buildings and properties and in any form of sponsorship.”

This provision created some controversy as clubs claimed that meant a ban on junior sporting teams wearing jerseys with the name of the club sponsors (where the club also has EGMs) and there was great deal of loose talk about kicking junior sporting teams off council grounds. These claims were repeated in the Inner West, where a similar proposal was put up in August 2018.

Change: Any sponsorship ban statement should be carefully worded so that it is clear that the ban would extend to the naming of sports fields or facilities (e.g. swimming pools or gyms or even libraries) by gambling companies and not to any individual sponsorship arrangements a club may enter into with a sports club that uses council facilities. We note that the renaming of Brookvale Oval as Lottoland Oval is deeply unpopular on the Northern Beaches.

 

Landlord powers

The draft plan included investigating whether the Council could include clauses in leases over council property to restrict EGMs. This action was removed from the plan during debate of the policy and plan.

Two issues arose. First, the clubs used this as their main argument against the entire policy, and put some effort into convincing smaller clubs that it would mean council staff would close their clubs overnight if the policy came in. This caused considerable distress to many board members and staff of small clubs and in the opinion of the Alliance was a particularly unscrupulous action.

Secondly, some councillors believe that the Gaming Machine Act, which makes the keeping of a licenced poker machine lawful, over-rules the Acts related to leases and tenancies.

It is clear from the law that the terms of an existing lease cannot be unilaterally changed. Any provision to limit EGMs by a landlord could only take effect in a new lease.

Port Stephens council is funding the construction of a Community Sports Club on council land at Medowie. The building will be leased to a club as a separate legal entity. The lease provisions however are very clear: no poker machines are allowed on the property. The Council decided not to ban all gambling, because that could include chocolate wheels and two-up on ANZAC day, which would clearly not be supported by the community. They are confident in their use of landlord powers in this matter.

Changes: Any clause seeking to investigate the use of landlord powers should be very clearly framed to indicate that it could only apply to new leases, or to renewed leases where the option to renew allowed significant changes.

As to the Gaming Machine Act provisions, the Alliance believes that a landlord has the right to place restrictions or bans on lawful activities in a lease. Many residential leases contain “No Pet” clauses, even though keeping dogs and cats is lawful in a residential dwelling. Some councils in the country have caveats across new developments, banning the keeping of dogs and/or cats, as a mechanism to protect wildlife. If necessary, the Alliance will obtain written learned opinion on the matter, but Council could do so for themselves.

This is about the only power a Council has to regulate the position of poker machines in the LGA. It cannot act on a development application and it cannot ban EGMs in an LEP (which Victorian councils can, to a certain extent, do). A Council which wishes to make a strong point should seriously consider this option.

Promoting gambling free venues

Council staff considered that club venues were often suitable for functions based on accessibility, location, parking and catering and that a moratorium of use was “not considered to be an effective policy decision”.

Changes:  Other councils may consider a policy that is worded so that this action is aspirational i.e. “Council will endeavour to use gambling-free venues for events, whenever possible”, which allows the flexibility needed when alternatives are not easily found, but marks a clear attitude which council may use as the basis of grants or joint ventures to create gambling-free venues.

 

Reporting

The council staff, in response to submissions that council should lobby for more frequent, venue-based reporting, as is the case in Victoria, responded that NSW Treasury has a view that individual net profits of clubs and hotels is ‘protected information’ under the TAA 1953 (Cth) Act. Victoria clearly does not agree. While a resolution to this is probably to be sought in the courts, that may beyond the role of council (but not perhaps beyond the role of the LGNSW Association) and the release of the data is certainly a state matter.

Changes: Councils could consider lobbying the State government to match the level of disclosure that occurs in Victoria, where no hotel or club has been adversely commercially affected by the monthly venue by venue reporting regime (see here for Brimbank).

Council could also undertake to provide regular analysis of the data that is released in NSW, to assist the local community in understanding changes in losses that occur over time.

 

Research

The Northern Beaches Council staff undertook significant research on this matter, and the report for the April 2018 council meeting contains much useful information for any council staff or councillors in NSW. Much of this is repeated in the Gambling and Poker Machine Harm Management Plan, which also includes, as appendixes, the recommendations of the 2010 Productivity Commission Report into Gambling and the 2014 NSW Select Committee on the Impact of Gambling.

Changes: Developing the expertise within council staff to understand gambling harm, the data released by the State government, and legislative or regulatory changes is a key action a Council can take to support its community. Clubs have all the resources of ClubsNSW, and hotels turn to AHA when they want to run a PR campaign in an area. Small community service organisations or gambling services don’t have those resources, and the terms of their funding often mean they are gagged from speaking out anyway. Council as a community leader can provide the information and make it available in a way that better informs local residents.

 

Process

This process commenced on 28 November 2017, when a NOM was approved that staff report on strategies available to a council “to restrict the proliferation of poker machines in the Northern Beaches Local Government Area”.

That report was tabled and accepted on 17 April 2018, and council resolved to place it on public exhibition for 60 days, with submissions closing 1 July 2018. Council staff further held a meeting on 23 July 2018 with some representatives of local clubs and hotels, the AHA and ClubsNSW. No gambling counselling services, NCOSS or advocacy groups were invited to that meeting.

Changes to the Policy and Plan were made based on submissions received, and the meeting of 23 July, and the track changes version was submitted to council. The Policy was adopted without change, but point 7 in the executive summary of the Plan – related to the Council’s use of landlord powers – was deleted (and all parts of the Plan related to that point were also to be deleted). Councillors also amended the motion to acknowledge that clubs on the Northern Beaches had developed a strategy related to harm minimization.

The motion was supported 8 to 6, with the mayor having excused himself due to his non-pecuniary but significant relationships with local clubs.

 

 

 


Further enquiries about the Northern Beaches policy, or for details on Victorian council policies, can be made to Kate da Costa, AGR’s NSW campaigner on kate@agr.org.au

 


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BSC Letter Head online FINAL_ low res_2013

# E2019/83762

Contact: Vanessa Adams

 

 

 

 

 

December 2019

 

 

Office of Local Government

Locked Bag 3015

NOWRA  NSW  2541

 

 

By email: olg@olg.nsw.gov.au

 

 

Dear Mr Hurst

 

Submission - A New Risk Management and Internal Audit Framework - Discussion Paper

 

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).

 

Byron Shire Council (Council) established an Audit, Risk and Improvement Committee (ARIC) in 2009 (originally named the Internal Audit Committee) with the objective to provide professional, independent advice and assistance to Council in assessing the organisation’s audit, compliance, risk and improvement performance.  The current constitution is available for your information.

 

Council has considered the discussion paper ‘A New Risk Management and Internal Audit Framework’ and in consultation with the Executive Team, the Audit Risk and Improvement Committee, and Councillors, wishes to make a submission requesting that the Office of Local Government consider the following points.

 

Will the proposed framework achieve the outcomes sought?

 

The proposed framework will assist Council in improving the effectiveness of its internal audit and risk management framework, noting that Council already has a number of measures in place.

 

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

 

Acknowledging the intent of the proposed requirement for independent members, Council suggests that this requirement would not only be challenging to implement in terms of sourcing suitable members that meet the independence and prequalification requirements but that the requirement for a limited term would potentially further limit available participants.

 

In Council’s experience, Councillors play 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 to effective governance. 

 

Council currently has a 1:1 ratio of independent members and Councillors (being three of each) and suggests that this balance provides a suitable solution to ensure the integrity of the committee.

 

Further challenges raised by the proposed model that have been identified include the ambiguity between the roles, responsibilities, and authority of the administration, the elected body, and ARIC. For example, what is the process if Council rejects recommendations from the ARIC? There is a risk that this ambiguity could cause some tasks to be at best duplicated, and at worst, overlooked.

 

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

 

Council considers the proposed framework covers the 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 does however, request that further consideration be given to the prescribed membership requirements of Audit, Risk & Improvement Committees so that, within an overarching framework, councils can have some flexibility to establish membership guidelines that are suitable to their location, organisation 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. ARIC already considers the statutory audit of annual financial statements including systems audits during interim visits, together with internal audit reports, and reports from the Australasian Local Government Performance Excellence Program (performance benchmarking). Further involvement in financial management and Integrated Planning and Reporting could potentially give rise to conflicts between the role of ARIC and Council.

 

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.

 

Please contact me on 02 6626 7122 or vadams@byron.nsw.gov.au if you require any further information.

 

Yours sincerely

Vanessa Adams electronic sig

Vanessa Adams

Director Corporate and Community Services

 


ADAPT NSW North Coast Enabling Regional Adaptation report nine regional systems:

Energy

Infrastructure & Water

Food & Agriculture

Emergency Management

Biodiversity

Cultural Heritage

Resilient Communities

Settlements & Land Use Planning

Tourism

Other

1 Vote

11 Votes

2 Votes

11 Votes

5 Votes

0 Votes

11 Votes

13 Votes

0 Votes

2 Votes

Draw down regardless

Risk

Practice into future

Education

Animal vulnerability (eg. Flying fox population in QLD) & connection to health

Up front acknowledgement of causal factors of status quo

Behaviour change (realism & future vision)

Development in coastal regions

Inspire the world – brand Byron

Adaptation

Opportunities

New designs/opportunities

Risk

Recovery plans/tourist management

Change of ecosystem & ecosystem creep

Ecosystem understanding – connect to decision making

Language/”crisis” overwhelm – leadership language

Living in estuaries

Monoculture – create resilience

Resilience

Rail Corridors

Resources

Draw down

New designs

Connectivity

Establish partnerships from the beginning

Influence with ‘Byron brand’ for other Councils

How & where to build – relocation?

Diversify economy

Abatement

Protection of essential services

Transport

Securing food supply

Vulnerable members/areas

Resilience

Cultural heritage as infrastructure

Care for vulnerable

Displacement accommodation

Local tourists/diversity within tourism

Language of information

 

Securing water supply

 

Hotspots – extreme events

Picking winners & losers (trophic cascade)

 

Unknown local communities (illegal dwellings)

Population & new comers/movement of people

 

Legal responsibility of Council

 

Landslips

 

Language & focus

Mangroves

 

‘Get to know your neighbours’

Vulnerability to disasters – landslides, fire & flood

 

Transport systems/infrastructure as “enabling” & supporting vulnerable systems & services

 

Insurance/law

 

Linking vulnerable communities & transport

 

 

Education of preparedness

Legal responsibility

 

Advocating outside the Shire

 

Certification (cyclone proof) & monitoring

 

Health risks

 

 

 

Using biodiversity as a factor

 

Upwards influence

 

Temperature tipping points for materials

 

Unknown vulnerability

 

 

 

 

 

Capacity within the Shire

 

 

 

Linking communities

 

 

 

 

 

Communication

 

 

 

Displacement

 

 

 

 

 

 

 

 

 

Inclusive of culture

 

 

 

 

 

 

 

 

 

Fire

 

 

 

 

 

 

 

 

 

Landslides

 

 

 

 

 

 


Top Four regional systems

Stakeholders

1.   Settlements and Land Use

Residents, State Government, Agencies, Crown Lands, Traditional Owners, Land Owners, Community, Business Owners, Visitors, Council, Neighbouring Councils, National Carriers, Utilities Providers, Local Member, Industry Groups, Emergency Service Agencies, Media & Communication Organisations, Charities, Local Health Services, Aged Care Facilities, Community Groups, Schools, Child Care Centres, Airports

2.   Emergency Management

3.   Resilient Communities

4.   Infrastructure and Utilities

 

Potential Cluster Group Nominees:

·   


·    Dr Jean Renauf

·    Kelly Reiffer

·    Luke McConell

·    John Tabenar

·    Christabelle Munson

·    Craig Johnson

·    David Fligelman

·    Damon Gameau

·    Nick Midlin

·    Rob Doolan

·    Arakwal Representative

·    Kate Singleton

·    Dr Joelle Gergis

·    David Michie

·    Community Services Representative

·    Southern Cross/Griffith University Representative – 3 spots

·    Marcello Sano – Griffith Centre for Coastal Management

·    Dr Stephen Bygrave

·    Malcolm Robertson


 

 

 

Role of the Cluster Group – Enquiry by Design – Action Tank

 

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

2.   Coordinating actions between Council & Community

3.   To deliver a Climate Emergency Plan to Council in the next six months

 

 

 

 

                                     


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SCHEDULE 1   CONDITIONS OF CONSENT

 

 

Parameters of consent

1.  

Development is to be in accordance with approved plans

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

 

Plan No.

Description

Prepared by

Dated:

DD001 rev H

Site Layout

Floate

04/12/2018

DD103 rev G

Demolition Plan

Floate

28/05/2018

DD201 rev G

Lower Ground Floor Plan

Floate

28/05/2018

DD202 rev G

Ground Floor Plan

Floate

28/05/2018

DD203 rev G

First Floor Plan

Floate

28/05/2018

DD301 rev G

North-east elevation and cross section

Floate

28/05/2018

DD302 rev G

North-west elevation and cross section

Floate

28/05/2018

DD303 rev G

South-west elevation and cross section

Floate

28/05/2018

DD304 rev G

South-east elevation and cross section

Floate

28/05/2018

Ref: 1195

Subdivision Plan

Ken Chelsworth

12/11/2018

-

Arboricultural impact assessment report

Peter Gray of Northern Tree Care

29/07/2019

Ref: 1711Pet262

Bushfire Risk Assessment Report

Bushfire Risk

14/05/2018

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

 

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

 

2.  

Integrated Approvals from other Authorities

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

 

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

3.  

Subdivision Certificate application required

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

 

4.  

Plan of Subdivision

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

 

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

5.  

Terms of approval for on-site sewage management required

Refer to Local Government Act Section 68 Application No. 70.2018.1056.1 or Local Government Act Section 68 approvals issued subsequent to this consent.

 

6.  

On-site sewage management facility Section 68 approval required

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

 

7.  

Site Waste Minimisation and Management Plan

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

 

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

 

8.  

Vegetation Management Plan

A detailed Vegetation Management Plan is to be submitted and approved by Council with the application for a Construction Certificate. The plan must be prepared by an Australian Association of Bush Regenerators (AABR Cert IV certified) bush regenerator and must demonstrate adherence to the National Standards for Ecological Restoration. Such plan must detail protection and compensation measures proposed to protect native flora and fauna and their habitats and must retain and improve habitat on that part of the site covered by the Management Plan in perpetuity.

At a minimum, the plan must:

 

a.      illustrate on maps of a suitable scale (1:200 or better) the final proposed footprint of all works including the accurate extent of approved APZ requirements, the location of vegetation required to be removed and the location and extent of retained vegetation on the subject site.

b.      include a list and number of each native species proposed to be planted as compensation for tree removal as well as the location of compensatory plantings in plan and word form at the compensation ratio defined by the Byron Biodiversity Conservation Strategy and/or Byron Development Control Plan 2014 Chapter B2.

c.      detail the methodology for habitat restoration and specify the use of qualified and experienced bush regenerators only. Areas outside the approved development footprint and APZs must be restored or replanted.

d.      Provide a list of weed species proposed to be removed and include the methodology for their control and removal from the site.

e.      An implementation table with timeframes and performance criteria outlining each component of works, including monitoring, maintenance and annual reporting to Council with when identified milestones are expected to be achieved, and a clear identification of responsibility for each component of the rehabilitation works.

 

specify that planting and/or restoration works will commence immediately upon approval of the Management Plan.

 

9.  

Retained Trees

All trees to be retained in accordance with this development consent must be illustrated on any and all relevant Construction Plans, along with their Tree Protection Zones formulated in accordance with AS 4970-2009 – Protection of Trees on Development Sites.

 

10.

Retained Trees and Offset area

All trees and vegetation communities to be retained in accordance with this development consent must be illustrated on any and all relevant Construction Plans, along with their Tree Protection Zones for any trees retained in proximity to approved works or structures.

 

11.

Use of pier/pad footings for carport/ storage shed

In order to minimise impacts on these surrounding trees, the proposed carport/ storage shed must not have any slab on ground construction. The use of pavers or compacted gravel for the carport is acceptable and the use of bearers and joist construction for the storage shed is acceptable. Details of compliance with this condition must be detailed in Construction Certificate plans.

 

12.

Like for like credit retirement conditions

a)     Prior to issue of construction certificate the class and number of ecosystem credits in Table 1 must be retired to offset the residual biodiversity impacts of the development.

 

b)     The requirement to retire credits in condition 9(a) may be satisfied by payment to the Biodiversity Conservation Fund of an amount equivalent to the class and number of ecosystem credits, as calculated by the BAM Credit Calculator (BAM-C)1.

 

c)     Evidence of the retirement of credits or payment to the Biodiversity Conservation Fund in            satisfaction of condition 9(a) must be provided to the consent authority prior to issue of construction certification.

 

Table 1          Ecosystem credits required to be retired – like for like

Impacted plant community type

Number of ecosystem credits

IBRA subregion

Plant community types that can be used to offset the impacts from development

1302 – White Booyong – Fig subtropical rainforest of the NSW North Coast Bioregion

2

Scenic Rim, Burringbar-Conondale Ranges, Clarence Lowlands and Woodenbong

 

or

 

Any IBRA subregion that is within 100 kilometres of the outer edge of the impacted site.

PCTs: 669, 670, 770, 845, 886, 887, 1068, 1201, 1275, 1302, 1525, 1527, 1528, 1529, 1533, 1534, 1535, 1541, 1545

 

1Note that prices of credits in the BAM-C are subject to change. The amount payable to discharge an offset obligation will be determined at the time of payment.

 

13.

Plans of retaining walls and drainage

The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area exceeds 600mm in height. Adequate provision must be made for drainage.

 

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

 

14.

Compliance with BASIX Certificate requirements

The development is to comply with Basix Certificate No. A318411, dated Monday, 04 June 2018.

 

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

 

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

 

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

 

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

 

15.

Building materials and colours to be specified

The application for a Construction Certificate is to include plans and specifications that indicate the proposed building materials and colours consistent with the provisions of Development Control Plan 2014 – Chapter D2.2.3 - Character and Visual Impact.  Please note that colours must be non-reflective earth tone colours and that the use of white and near white colours is not permissible

 

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

 

16.

Long Service Levy to be paid

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

 

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

 

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

 

17.

Tree Removal

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

 

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

18.

Erosion and sediment measures

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

 

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

 

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

19.

Trees to be retained and protected

Trees to be retained are to be protected by a Tree Protection Zone (TPZ) exclusion fence.  The fence is to be constructed in accordance with Sections 3.2 and 4.3 of AS4970-2009 Protection of trees on development sites (Standards Australia 2009). The fence must:

 

a)     Be located outside the dripline of the tree so as to minimise disturbance to tree roots;

b)     have a minimum height of 1.8 metres;

c)     be constructed of wire mesh panels, plywood, steel star pickets or similar, with a maximum distance of 2metres between star pickets;

d)     have a minimum of 3 strands of steel wire or similar;

e)     have high visibility barrier mesh (eg orange), shade cloth or similar, attached to the outside of the fence and continuing around its perimeter;

f)      include at least one Tree Protection Zone (TPZ) sign in accordance with Section 4.4 of AS4970-2009.

 

Activities that are excluded within the TPZ (as per section 4.2 of AS4970-2009) include excavation, construction activity, grade changes, surface treatment and storage of material.  If these activities are required within the TPZ they may only occur under the supervision of the project arborist (minimum AQF level 5 qualified arborist).

 

The Tree Protection Zone (TPZ) exclusion fence is to be maintained for the duration of the site clearing, preparation, construction and landscaping works.

 

20.

Care to be taken when placing services near trees

To minimise root disturbance where services are to be laid in close proximity to trees, any excavation within the Tree Protection Zone (TPZ) for installation of underground services is to be done by directional drilling or in manually excavated trenches in accordance with Section 4.5.5 of AS4970-2009.  Works must be conducted under the supervision of the project arborist (minimum AQF level 5 qualified arborist), and may include the use of pneumatic or hydraulic tools such as air knifes.

 

21.

Protection of Native Trees

All trees nominated to be retained by notation or condition as a requirement of the development consent shall be maintained and protected during demolition, excavation and construction on the site in accordance with AS 4970-2009 – Protection of Trees on Development Sites.

 

22.

Protection of koalas/ native fauna from disturbance

Clearing of native vegetation and/or earthworks as part of any development approval from Council must be temporarily suspended within a range of 25m from any tree which is concurrently occupied by a koala and must not resume until the koala has moved from the tree of its own volition.

 

23.

Avoidance of material stockpiling in areas of native vegetation

Any stockpiling of materials on the site during demolition, excavation and construction must be located in the cleared areas of the site and not in areas where native vegetation is to be retained.

 

24.

Inspection for on-site sewage management

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

 

a.      Internal drainage prior to covering of the works.

b.      External drainage prior to the covering of works.

c.      Irrigation installation prior to the covering of works.

d.      Final

 

25.

Construction times

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

 

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

b.       Saturday, from 8 am to 1 pm.

 

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

 

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

 

26.

Construction Noise

Construction noise is to be limited as follows:

 

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

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

 

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

 

27.

Signs to be erected on building and demolition sites

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

 

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

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

 

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

 

28.

Builders rubbish to be contained on site

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

 

29.

Fill to be retained on the subject land

Fill material must not encroach onto any adjoining land.

 

30.

Prevention of water pollution

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

 

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

 

31.

Removal of asbestos

All asbestos wastes associated with removal of the existing building to be disposed of in accordance with the requirements of the Workcover Authority.  The applicant/owner is to produce documentary evidence that this condition has been met. 

 

Please note the Byron Resource Recovery Centre can not accept asbestos. You will need to arrange disposal at an alternate landfill site.

 

32.

Maintenance of sediment and erosion control measures

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

 

33.

Demolition

Any required demolition works must be undertaken in accordance with the relevant requirements of Australian Standard AS 2601–1991: The Demolition of Structures published by Standards Australia, and the WorkCover Authority of NSW.

 

34.

Removal of demolition and other wastes

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

 

35.

Muted bushland tones external finishes

To ensure the development is compatible with the surrounding environment, colours and finishes are to be muted bushland tones. In this regard white, light or bright colours are not permissible.

 

36.

Aboriginal Relics

If any Aboriginal archaeological relics or items are exposed during construction works, the Applicant shall:

a.     immediately cease works;

b.     notify the NSW National Parks and Wildlife Service (NPWS);

c.     obtain any necessary permits and/or approvals to continue the work under the National Parks and Wildlife Act 1974.

 

The Applicant shall comply with any further request made by the NPWS to cease work for the purposes of archaeological assessment and recording.

 

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

37.

Habitat Compensation works to be substantially completed

Plantings and restoration works required as compensation for loss of native trees and koala habitat are to be completed in accordance with the approved Vegetation Management Plan prior to issue of the occupation certificate for the development.

 

38.

Restriction on the keeping of cats and dogs

The creation of a restriction as to use that prohibits the keeping of cats and dogs on the land other than “assistance animals” as defined by the Companion Animals Act 1998. Evidence is to be provided that a restriction via a Section 88E instrument is in place prior to issue of the occupation certificate.

 

39.

On-site sewage management system must be completed

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

 

40.

Approval to Operate required

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

 

41.

Stormwater disposal

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

 

a.       Clear of buildings and infrastructure,

b.       Clear of effluent disposal areas,

c.       Not concentrated so as to cause soil erosion,

d.       Not directly to a watercourse, and

e.       Not onto adjoining land.

 

42.

Compliance with bushfire conditions

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

 

43.

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

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

 

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

 

The following conditions are to be complied with at all times

44.

Approved use

Dwelling house – Use of the development is approved for a dwelling house.  Any activity other than that defined as dwelling house must not be carried out unless development consent is sought. 

 

Note. dwelling house means “a building containing only one dwelling”, and dwelling means “a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile”. The dwelling house is not approved as short term rental accommodation, tourist and visitor accommodation or to be “holiday let”.

 

45.

Use of detached studio and bedroom module

The detached building containing a first floor studio and ground floor bedroom module must not contain any laundry, kitchen or cooking facilities and must not be used as a separate dwelling.

 

The first floor studio must only be used as a non-habitable workspace for activities that cannot be carried out by their nature within the residential house. The use of the studio must not be conducted in such a manner as would interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste produce, grit oil or otherwise.

 

46.

Retention of native vegetation within 10/50 Vegetation Clearing Entitlement Area

All native vegetation that the 10/50 Vegetation Clearing Code of Practice authorizes to be removed, destroyed or pruned must be retained for conservation purposes.

 

47.

Limited Tree Removal

Removal of existing native trees from the site is limited to those expressly permitted by this development consent as marked on stamped plans. All other trees and native plants within the site are to be retained and protected.

 

48.

Protection of Native Trees

All trees nominated to be retained by notation or condition as a requirement of the development consent shall be maintained and protected during demolition, excavation and construction on the site in accordance with AS 4970-2009 – Protection of Trees on Development Sites.

 

49.

Protection of native fauna from disturbance

a)     Any clearing of native vegetation and/or earthworks must not commence until the area proposed for clearing has been inspected for the presence of all fauna species using the site by a suitably qualified and experienced individual;

b)     Should fauna be present at the time of proposed clearing, relevant fauna spotter/catcher protocols must be followed to prevent injury to wildlife;

c)     Any injured wildlife must be taken to a local wildlife vet for treatment.

d)     Approval to proceed with the clearing of vegetation in accordance with this section is only valid for the day on which the inspection has been undertaken.

 

The individual referred to in (ii) above, or a nominated representative, must remain on site during any approved clearing of vegetation.

 

50.

Retention of logs and rocks

No removal of logs or rocks from the subject land is permitted. If smaller rocks are required to be moved they must be pushed aside but not removed from the subject land.

 

51.

Replanting and restoration works

Replanting and restoration works must be undertaken and continued until the performance criteria have been achieved in accordance with the approved Vegetation Management Plan for a minimum period of five years, during which annual monitoring reports must be submitted to Council for approval.

 

General Terms of Approval for Integrated Development

Bushfire Safety Authority under s100B of the Rural Fires Act 1997

 

The New South Wales Rural Fire Service (NSW RFS) has considered the information submitted. General Terms of Approval, under Division 4.8 of the ‘Environmental Planning and Assessment Act 1979’, and a Bush Fire Safety Authority, under Section 100B of the 'Rural Fires Act 1997', are now issued subject to the following conditions:

 

1.      The development proposal is to comply with the following:

 

·      Subdivision layout identified on the drawing prepared by Ken Chelsworth, referenced 1195, dated 1st August, 2017; and

 

·      Drawing titled '286 Mafeking Road, BAL Layout Plan' submitted as Appendix C of the 'Bushfire Risk Assessment Report' prepared by Bushfire Risk dated 14th May, 2018.

 

 

Asset Protection Zones

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

 

2.   Prior to the issue of subdivision certificate a vegetation management plan shall be prepared and submitted to Council. The plan shall incorporate the following vegetation management outcomes for the land surrounding the development precinct on proposed Lot 1:

 

(a)     the understorey and mid-storey of the vegetation to the north for a distance of 8 metres (or to the property boundary) shall be maintained as an inner protection area (IPA);

 

(b)     the understorey and mid-storey of the vegetation to the south for a distance of 9 metres (or to the property boundary) shall maintained as an IPA;

 

(c)     the understorey and mid-storey of the vegetation to the east for a distance of 9 metres (or to the property boundary) shall be maintained as an IPA;

 

(d)     the vegetation to the west for a distance of 25 metres shall be maintained as an IPA;

 

(e)     no new vegetation shall be introduced into the existing canopy cover;

 

(f)      the above IPAs shall be maintained as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

Water and Utilities

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

 

3.   In recognition that no reticulated water supply is available to the development, a total of 20,000 litres fire fighting water supply shall be provided to the existing dwelling on proposed Lot 1 for fire fighting purposes. The fire fighting water supply shall be installed and maintained in the following manner:

 

(a)     Fire fighting water supply tank(s) shall be located not less than 5 metres and not more than 20 metres from the approved structure.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(l)      Fire fighting water supply tank(s) and associated fittings, located within 60 metres of a bushfire hazard and on the hazard side of an approved building, shall be provided with radiant heat shielding to protect the tank from bush fire impacts and maintain safe access to the water supply for fire fighters.

 

(m)    A minimum 5hp or 3kW petrol or diesel powered pump(s) shall be made available to the water supply. A 19mm (internal diameter) fire hose(s) and/or reel(s) shall be connected to the pump. Fire hose(s) and/or reel(s) must be installed so that each elevation of the building can be reached by a fire hose(s). The fire hose(s) and/or reel(s) must be constructed in accordance with ‘AS/NZS 1221:1997, Fire hose reels’ and shall be installed in accordance with ‘AS 2441:2005 Installation of fire hose reels’.

 

(n)     Pumps are to be shielded from the direct impacts of bush fire

 

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

 

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

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

 

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

 

4.   Any alteration to electricity supply shall comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

 

5.   In recognition that the existing dwelling on proposed Lot 1 may be connected to a gas supply, the following requirements are to be complied with:

 

(a)     Reticulated or bottled gas is to be installed and maintained in accordance with the current Australian Standard AS/NZS 1596: 'The storage and handling of LP gas' and the requirements of relevant authorities. Metal piping is to be used.

 

(b)     All fixed gas cylinders are kept clear of all flammable materials to a distance of 10 metres and be shielded on the hazard side of the installation.

 

(c)     Gas cylinders kept close to the building shall have release valves directed away from the building. Connections to and from gas cylinders are to be metal.

 

(d)     Polymer sheathed flexible gas supply lines to gas meters adjacent to building are not to be used.

 

Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

 

6.   Property access roads to proposed Lot 1 shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006', except that a reversing bay may be provided in lieu of a loop road around the dwelling or a turning circle. Where a reversing bay is provided it shall be not less than 6 metres wide and 8 metres deep with an inner minimum turning radius of 6 metres and outer minimum radius of 12 metres.

 

Design and Construction

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

 

7.   The existing dwelling on proposed Lot 1 is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2 mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

 

8.   New construction of the proposed studio shall comply with section 3 and section 7 (BAL 29) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection' 2006’.

 

9.   New construction of the proposed extension (family room & office) shall comply with section 3 and section 7 (BAL 29) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection' 2006’.

 

10. New construction of the proposed extension (master bedroom) shall comply with sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

 

Landscaping

 

11. Landscaping within the IPA of proposed Lot 1 is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

 

SCHEDULE 2   PRESCRIBED CONDITIONS

 

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

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

Clause 98A     Erection of signs

Clause 98B     Notification of Home Building Act 1989 requirements

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

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

 

SCHEDULE 3            NOTES

 

Construction Certificate required:

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

 

Principal Certifying Authority:

Work must not commence until the applicant has:-

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

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

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

 

Occupation Certificate required:

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

 

Protection of the Environment Operations Act 1997:

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

 

Penalties apply for failure to comply with development consents

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

 

Plumbing Standards and requirements.

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

 

Relics Provisions- Advice

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

 

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

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

 

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

 

 

 



 


 


 


 


 


 


 


 


 


 


 


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Schedule 3       Form of special disclosure of pecuniary interest


submitted under Clause 4.25 of the Code of Conduct for Councillors

1.    This form must be completed using block letters or typed.

 

2.    If there is insufficient space for all the information you are required to disclose, you must attach an appendix which is to be properly identified and signed by you.

 

Important information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.24(c) of the Byron Shire Council Code of Conduct for Councillors (the Code of Conduct).

 

The special disclosure must relate only to a pecuniary interest that a councillor has in the councillor’s principal place of residence, or an interest another person (whose interests are relevant under clause 4.3 of the Code of Conduct) has in that person’s principal place of residence.

 

Clause 4.3 of the Code of Conduct states that you will have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You will also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

 

“Relative” is defined by clause 4.4 of the Code of Conduct as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

 

You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting at which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

Special disclosure of pecuniary interests

by ____________________________________________________________________________________

          [full name of councillor]


in the matter of __________________________________________________________________________

                   [insert name of environmental planning instrument]


which is to be considered at a meeting of the

 

______________________________________________________________________________________

[name of council or council committee (as the case requires)]


Report No. __________ to be held on the  _________________ day of ________________________ 201 

 


 

Pecuniary interest

Address of the affected principal place of residence of the councillor or an associated person, company or body (the identified land)

 

 

 

 

 

 

 

Relationship of identified land to the councillor

[Tick or cross one box.]

The Councillor has interest in the land (e.g. is owner or has another interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

An associated person of the councillor has an interest in the land.

An associated company or body of the councillor has an interest in the land.

Matter giving rise to pecuniary interest[1]

Nature of the land that is subject to a change in zone/planning control by the proposed LEP (the subject land)[2]

[Tick or cross one box]

The identified land.

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control
[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

 

Proposed change of zone/planning control
[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

 

Effect of proposed change of zone/planning control on councillor or associated person
[Insert one of the following: “Appreciable financial gain” or “Appreciable financial loss”]

 

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]

 

 

_____________________________

Councillor’s signature

 

_____________________________

Date

 

 

[This form is to be retained by the council’s general manager and included in full in the minutes of the meeting]

 


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Changes to the Draft Our Mullumbimby Masterplan based on the Public Exhibition

(Updated text in red font)

Section

Page

Original

Change

Acknowledgement of Native Title

5

Nothing

Acknowledgement of Native Title

 

On 30 April 2019, the Federal Court of Australia recognised that

the Bundjalung of Byron Bay (Arakwal) native title claimants have, and always have had, native title rights and interests in land and waters within their claim areas of 241.8 square kilometres. Their native title claim was lodged in 2003.

 

The native title determination area extends south from the

Brunswick River and Mullumbimby to Cape Byron and on to Broken

Head and Jews Point, inland to Kooonyum Range in the Northwest,

to Coorabell and Bangalow in the South, and includes the sea  country running for 9 kilometres from Brunswick Heads.

 

The native title holders are concerned to be properly involved

in discussions about proposals that may impact on their rights and

interests. This includes proposals affecting the many Aboriginal

sites and places, and their related stories that are essential to the

maintenance of their culture.

 

Their careful stewardship of land and waters over thousands of

years has enabled the many people who have since arrived to enjoy the natural beauty, diversity and cultural richness of this place that has become known as the Byron Shire.

Snapshot

8

“Growth seems inevitable unless…”

“Growth is inevitable…”

Snapshot

10

Under Principle 2:

 

“By supporting small scale agricultural production around the urban core…”

By introducing water sensitive urban design (WSUD) to alleviate local flooding and improve ecological and infrastructure outcomes.”

Where we’ve come from

15

The town’s vibe and sense of place reflects its diverse past and vibrant present – single storeyed wood or brick character houses adjoin gravel unsealed lanes and wide roads are spanned by grassy verges.

The town’s vibe and sense of place reflects its diverse past and vibrant present – low set wood or brick character houses adjoin gravel unsealed lanes and wide roads are spanned by grassy verges.

Where we’ve come from

15

In the 1840s the first loggers arrived in the region.  Bringing with them disruption for the Aboriginal people.  Agricultural settlers began arriving in the 1880s and dairying and bananas became the major land uses for the Mullumbimby area

In the 1840s the first loggers arrived in the region disrupting the way of life Aboriginal people had enjoyed for thousands of years. Agricultural settlers began arriving in the 1880s and dairying and bananas became the major land uses for the Mullumbimby area. Responding to these changes, Aboriginal people took up work opportunities in agriculture.

Where we are now

18

Byron Shire Residential Strategy

 

The Byron Shire Residential Strategy, currently in draft form, is expected to be presented to Council later in 2019 for adoption following public exhibition.

Byron Shire Residential Strategy

 

The Byron Shire Residential Strategy, currently in draft form, is expected to be presented to Council in 2020 for adoption following public exhibition.

Where we are now

22

Access and Movement

 

“…In addition, an ageing population will mean that Mullumbimby will have to look for more ways to become truly accessible, especially for those who live with a disability…”

Access and Movement

 

“…In addition, an ageing population will mean that Mullumbimby will have to look for more ways to become truly accessible, for people of all abilities…”

Where we’re going

29

Principle 5: Enhance and Celebrate Mullumbimby’s existing eclectic character, spirit of entrepreneurship and identity and make the future of Mullumbimby as fun as its people

The strength of Mullumbimby lies in its people.  The diversity of lifestyles and opinions that the town and surrounding areas support make up

a colourful and vibrant place, with meaningful community connections and a strong sense of identity. Mullumbimby celebrates difference,

and embraces those who think differently. It is this ability to tackle tough problems with creative ideas and a fierce pride in being a Mullum resident that creates such a strong town identity. It will be important to seize upon the talents, skills and viewpoints that embody the town, in

particular many of the creatives who call Mullumbimby home, in order to retain a strong sense of identity as the town grows and changes.

Mullumbimby has a reputation for embracing creativity and connecting in spite of differences. The town boasts a colourful arts scene and on

any given weekday there is music in the main street, and a sense of vibrancy. The ‘fun’ of Mullumbimby comes from its rich culture, strong

social fabric and a cheeky spark that stems from a history of doing things differently. This Plan hopes to embody some of that spirit, and look to out of the box solutions to emerging and age old issues.

Principle 5: Enhance and Celebrate Mullumbimby’s existing eclectic character, spirit of entrepreneurship and identity and make the future of Mullumbimby as fun as its people


The strength of Mullumbimby lies in its people. The diversity of lifestyles and opinions that the town and surrounding areas support make up a colourful and vibrant place, with meaningful community connections and a strong sense of identity. Mullumbimby celebrates difference, and embraces those who think

differently. It is this ability to tackle tough problems with creative ideas and a fierce pride in being a Mullum resident that creates such a strong town identity. It will be important to seize upon the talents, skills and viewpoints that embody the town, in particular many of the creatives who call Mullumbimby home, in order to

retain a strong sense of identity as the town grows and changes.

Mullumbimby has a reputation for embracing creativity and connecting in spite of differences. The town boasts a colourful arts scene and on

any given weekday there is music in the main street, and a sense of vibrancy.


The ‘fun’ of Mullumbimby comes from its rich culture, strong social fabric and a cheeky spark that stems from a history of doing things differently. This Plan hopes to embody some of that spirit, and look to out of the box solutions to emerging and age old issues.

How we’ll get there

35

3. Formalise the ‘alternative route’ from Argyle Street to Federation bridge via Tincogan Street…

 

·    Re-orientate the giveway signs on Tincogan Street to give priority to East-West traffic

·    Re-align the intersections at Stuart and Dalley Streets to improve safety and flow

·    Improve the intersection safety along Tincogan Street for pedestrians and cyclists.

3. Formalise the ‘alternative route’ from Argyle Street to Federation bridge via Tincogan Street…

 

·    Re-orientate the giveway signs on Tincogan Street to give priority to East-West traffic

·    Re-align the intersections at Stuart and Dalley Streets to improve safety and flow

·    Improve the intersection safety along Tincogan Street for pedestrians and cyclists.

·    Include traffic calming devices to minimise noise and speed.

How we’ll get there

40

15. Improve connections to the ‘leaf land’ (Lot 4 Mullumbimby- the piece of Council owned land to the North of Heritage Park) through the construction of a road, opening it up for…

15. Improve connections to the ‘leaf land’ (Lot 4 Mullumbimby- the piece of Council owned land to the North of Heritage Park) through the construction of an access way, opening it up for…

How we’ll get there

41

Nothing

21. Improve the functionality and aesthetics of the bus stop by the scout hall.

How we’ll get there

44 & 45

Precinct 4  - South Mullumbimby

Precinct 4 – Saltwater Creek Precinct

How we’ll get there

45

26. Investigate a possible new residential area

 

·    Consistent with the Residential Strategy assess the feasibility of extending the ‘urban growth boundary’ for residential purposes, using a structure plan to achieve the best outcomes for the community and residents (particularly key workers and lower income households.

·    Ensure that development focuses on creating a ‘hard edge’…

·    Add value to new housing through the introduction…

26. Investigate a possible new residential area

 

·    Consistent with the Residential Strategy assess the feasibility of extending the ‘urban growth boundary’ for residential purposes, using a structure plan to achieve the best outcomes for the community and residents (particularly key workers and lower income households.

·    Acknowledge the strong desire of Arakwal people to live on country, the challenges they face obtaining access to affordable housing and the opportunity this land offers to meet this need.

·    Ensure that any development focuses on creating a ‘hard edge’…

·    Add value to any new housing through the introduction…

Implementation Table

63-75

Relevant changes to the implementation table to match the above amendments.

Changes to the Maps

How we’ll get there

44

Updates to the shape of possible new housing areas for consistency with the residential strategy and addition of ‘possible new housing’ to the key for greater legibility.

How we’ll get there

48

Removal of ‘ecological service zone’ as this term was causing confusion and was simply referencing the leafy character and biodiversity value of this area.

 


 

Submission

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