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

Staff Comments

Concerns about new housing in South Mullumbimby affecting the flood conditions for existing housing in Mullumbimby

 

The potential for new housing at South Mullumbimby is being considered as part of the Shire-wide draft Residential Strategy.

The Masterplan provides key principles that would guide such housing, should it eventuate.

Council is, as a separate exercise, undertaking a detailed investigation of flood constraints at South Mullumbimby.

Concerns about putting new housing in flood zones.

 

The Masterplan notes that additional housing opportunities in Mullumbimby are limited, with South Mullumbimby, shop-top housing and diverse housing options for the State rail lands being the primary focus.

Any future housing proposals in these locations would need to involve detailed examination of flood risk.

Concerns that a bypass through Tincogan and Fern Streets, including re-orientation of the giveway signs, might result in speeding, danger for pedestrians and increased noise for residents.

Traffic calming would be incorporated to prevent unintended issues of speed and to improve the situation for pedestrians, cyclists and residents.

A steel fence should be built (as on Federation Bridge) along the road from Stuart St to Station St because the heavy traffic is too close to pedestrians for safety reasons-esp.in the morning and afternoon peak times.

Noted.  Not considered a necessary inclusion in the Masterplan at this time, but would be considered further in the detailed design of any road upgrade/ changes.

Happy to see that an emphasis was placed on the protection of the Heritage Precinct in Mullumbimby

Noted.

Has low levels of vaccination here has been considered in relation to the master plan for Mullumbimby.

Not considered relevant to Our Mullumbimby Masterplan.

Clays Rd should be sealed and a bike/pedestrian path put in.

Though this is considered a logical connection, the challenging topography and the nature of the existing narrow road mean that a desktop analysis and rough estimate places the cost of a pedestrian path at around $800,000.  At this stage, Council staff have decided not to proceed with adding this to the Masterplan and the Byron Shire Bike Plan, given the anticipated cost and the likelihood that other projects would take precedence.

There was general support for more trees in the centre of town.

Noted.  Development of a comprehensive street tree plan is proposed as an action in the Masterplan.

Suggestion for a SAFE bike path from Mullumbimby to Byron Bay and Brunswick Heads on the disused railway track.

This action falls under the scope of the Byron Shire Bike Plan.  Such a path is categorised as a category A priority action in that plan.

More footpaths and cycle paths in town.

 

Noted, the plan includes plans for expanded walking and cycling tracks.

The Collective snuck through as an affordable housing   without parking and without a cutlery drawer quite obviously not really for someone to live in and now for sale at 500thousand plus each. how can council and the people of Mullumbimby not be tricked into letting these through ?

Noted.  Not considered directly relevant to the Masterplan.

Mullumbimby is very suitable being flat for wheel c hair bound, blind or the aged.  I feel our affordable sustainable  housing should focus on providing for them as it could be with a few additions  an easy town for people to find there own independent affordable living.

Noted. 

 

Create more weather accessible parking in town and make sure our industrial area doesn’t end up like Byron’s industrial with blocked roads, if we do it right all that light industry might move to mullum.

Noted.  The Mullumbimby industrial estate is not in the scope of this plan. Detailed designs for parking spaces etc. have not yet been decided as the Masterplan is a high level strategic document.

A bike path to the industrial estate and then on to uncle toms so kids and families can get to work and the beach

This action falls under the scope of the Byron Shire Bike Plan.  Such a path is categorised as a category A priority action in that plan.

The sewer and water system needs upgrading before any new housing can be delivered.

 

Mullumbimby’s sewage system is being investigated through the inflow and infiltration project.  This comment is not considered directly relevant to the Masterplan. 

Sewage and water supply capacity is also being assessed in work associated with the Draft Residential strategy.

Please remove the Taro from Saltwater creek which is posing further flood risks and clogging the flow of the creek. 

This suggestion has been referred to Council’s biodiversity and open spaces teams.

It used to be a pleasure to walk down these lane ways once but now they are full of backyard development with high rents and overflowing vegetation clogging up the drains.

The Masterplan suggests beautifying the laneways and incorporating Water Sensitive Urban Design to improve the drainage.

There should be a more immediate work plan to deal with Mullumbimby’s declining infrastructure, i.e. roads .

 

Council has one year, four year and 10 year work plans for the improvement of infrastructure, including roads, and responds to urgent matters as they arise.  Council’s infrastructure repairs are dealt with through these processes.

There should be a moratorium on development and developers until other issues are dealt with, including maintenance of existing infrastructure.

This issue is outside the scope of the Masterplan.

There is no real solution to by-passing Burringbar Street so it can become a pedestrian mall.  Lack of parking, previous lack of Council's insistence on providing off-street parking for secondary and illegal dwellings and not planning for future lifestyle expectations.

The plan proposes other options that would alleviate some of the traffic that currently passes through Burringbar Street.

Removal of Lot 22 from the Masterplan as it is flood prone and will be needed for recreational lands in the future.

Lot 22 will be reviewed under a separate planning proposal.  As Lot 22 is a potential area for future development, the Masterplan is merely seeking to reconcile with other Council strategies.  The development of the land for housing does not rule out any future recreational areas being included.

In the meantime, provide more car parking, build a boat ramp at the Football club, and discourage further settlement.

Noted.  The latter two actions fall outside the scope of the Masterplan.

 

Some submissions suggested that any new housing should be delivered in the hills surrounding Mullumbimby, including Federal, Saddle road, the ridges around Mullumbimby etc.  Some submissions suggested relocating the whole town to higher ground.

This issue is outside the scope of the plan. 

Concerns around flooding and insurance.

Not directly relevant to the Masterplan.

All new residential development should be on high ground away from flood prone areas.

This concern relates to the draft Residential Strategy which has already undergone separate exhibition.

No new land should be approved until a NSW Government review flood study is conducted.

 

A flood study is currently underway in the South Mullumbimby area, and the outcomes of that study will determine how much, if any, of the land is developable.  See further comments above.

Adoption of the Masterplan be delayed until the completion of the residential strategy; finalisation of flood studies, including the North Byron Flood Study and Action plan, and the South Mullumbimby Flood Study; the Business and Industrial Lands Strategy.

Preparation of the Masterplan has already been a lengthy process, and Council has set a milestone of having it adopted by 31st December 2019.

The Masterplan is a high-level strategic plan that does not propose actions that could be compromised by the outcomes of the studies referred to.

An 'Acknowledgement of Native Title' should be added after the 'Acknowledgement of Country', to provide an up-to-date context for the document.

This update has been included in the recommended final version of the Masterplan.

Additional wording suggested to articulate more clearly the history of the Arakwal people.

Updates as suggested have been included in the recommended final version of the Masterplan.

With reference to the South Mullumbimby Precinct, include the need for affordable housing for aboriginal people to live on country.

Updates as suggested have been included in the recommended final version of the Masterplan.

The Arakwal Corporation expresses a continued interest in partnering with Council to deliver projects outlined in the Masterplan, such as Bringing Back the Bruns and the Story Trail, and re-iterates the strong desire that a portion of any affordable housing delivered be allocated to allow Arakwal people to live on Country.

Noted.

The owners of the Woolworths property expressed a strong desire to be included in any discussions relating to the upgrade of the intersection between Tincogan Street and Station Street.

Noted.  

Some submissions offered further insight into the history of Mullumbimby and noted that this was an important piece of the puzzle when considering the future and should be featured more prominently.

Given that the Masterplan is a forward planning strategy document, the current amount of historical information is considered adequate at this time.

Some submissions expressed the desire for specific properties to be connected to mains sewer.

Council’s adopted Rural Land Use Strategy considered these properties – The Left Bank Road area has an action to investigate further subdivision – sewer would be considered as part of this.

Some submissions suggested looking for further opportunities for retirement villages/seniors housing, including at the hospital site.

This is being undertaken as a part of Council’s Draft Byron Shire Residential Strategy and was included as a part of the PRG outcomes for the future of the old Mullumbimby Hospital Site.

A submission suggested that the Masterplan was not specific enough about inclusivity and should include an action to register Mullumbimby as an ‘Age Friendly community’. 

The Masterplan contains many references to inclusivity, and deliberately does not identify actions relating to any one group – the reason for this being that inclusivity should be for all and by singling out a particular group you are actually cancelling out the established inclusive principles.  This is not considered a necessary action at this time and good urban design should cater for the inclusion of all people.

Traffic-Calming Measures are required at pedestrian crossings at all intersections and stop signs in Tincogan Street and Fern Street. These should be included as essential elements to enhance safety.

Suggested intersection upgrades have been included at these locations as a part of the plan.  The proposal is currently to change the orientation of the give-way signs on Tincogan Street.  Stop signs are not suggested at this point in time.

A submission demanded the installation of yellow no parking lines on specific corners

This is a state law already and is considered outside the scope of the masterplan.

Many submissions expressed support of upgrading the pedestrian crossing at Federation bridge and turning Brunswick terrace into a cul –de-sac. Residents of the street were eager to stress the safety issues resulting from the intersection and their desire to improve the situation.

One submission also suggested interim measures including ‘No right turn’ signs into Brunswick Terrace and for vehicles exiting Brunswick Terrace onto Tincogan Street.

The plan has been updated to reflect an upgrade to pedestrian crossing in this area.  The action of investigating a cul-de-sac is already included in the plan. 

 

Some submissions suggested that Stuart Street become the talking street rather than Burringbar Street

Burringbar Street is the central commercial thoroughfare and at this time makes the most sense as a ‘talking street’.  Stuart street is being considered for better pedestrian and cycle connections through the ‘green spine’ in the plan.

Importance of Heritage - The Masterplan recommends two-storey developments in the CBD. The town centre is part of the Heritage Conservation Area and it is imperative that any development retains the character of the town by keeping its “country town rural feeling” and heritage values.  The submission also requested a review of the DCP chapter for Heritage

The review of DCP Chapter C1 – specifically relating to Mullumbimby is already included in the Masterplan.

Submissions suggested that more peripheral, long term carparking be considered as a part of the plan and that this be a priority project of urgency.

Peripheral carparking is discussed as a part of the future of the rail corridor. The plan suggests looking for other areas of peripheral carparking as well.

Submissions requested the upgrade of public toilets at Station Street.

Council recently undertook a Building Asset Management Plan.  Under this plan, Council infrastructure, including public toilets, was assessed.  The Station Street public toilets were assessed under this plan, and have been categorised as the 12th priority of 25 public toilets requiring work – meaning that work is unlikely to occur in the near future. As such, this action has not been included in the plan.   

The Draft Masterplan mentions “activating” the laneways.  We believe the laneways should be kept simple and quiet with an emphasis on walking and bike riding.

 ‘Activating’ in this scenario refers to human scale uses – Crime prevention through environmental design, improving walking and cycling connections and beautifying the laneways.

A submission suggested that ‘the leaf land’ be reserved for open space and recreation.

Noted.

A submission suggested further community consultation for the upgrade of Heritage Park.

Noted.

Boat Ramp – some submissions suggested moving the boat ramp, others suggested formalising the boat ramp near Heritage Park.

Investigation of the boat ramp will occur as a part of Council’s ‘Bringing back the Bruns’ project and the landscape plan for Heritage Park.

A submission suggested that toilets be included in  Heritage Park

This is already a part of the Masterplan and will be looked at further as a part of the landscape plan for Heritage Park.

Some submissions suggested improvements to the Petria Thomas swimming pool including heating and access.

This action is included in Council’s Operational Plan:

1.2.5.8

Provide in-kind support in preparing a capital project that improves accessibility and long term financial sustainability of the Petria Thomas Pool facility

A submission expressed concern over the impact of the Low Rise Medium Density Housing Code

As this code has not come into effect, and its imminent application is in question it has not been included in the Masterplan.  In addition, character overlays in the DCP will in future (if the code does come in) ensure the character of neighbourhoods is retained.

A suggestion that the Barry Lomath oval include a BMX pump track, toilets and a landscape plan.

The current action in the Masterplan is to prepare a Landscape Plan for the Oval.  This will be done in further consultation with the community, and finer details such as those suggested, might be finalised then. 

Many submissions expressed support for the ideas of creating a pedestrian/cycle bridge at the end of Burringbar Street to connect to the Pine Ave area.

Noted.

Australian Wetlands Consulting indicated their support for the Masterplan, particularly as it relates to Water Sensitive Urban Design (WSUD), and suggested that WSUD might be incorporated in some other elements of the plan.

Noted.  These minor changes have been incorporated in the final draft.

Mullumbimby Tennis Association indicated their desire to be involved in any consultation occurring that relates to the Landscape Plan for the Barry Lomath Oval.

Noted. Council is conscious to involve community and sporting organisations when initiatives might impact them.

A submission discussed the need for a ‘bypass’ that provides a second crossing point over the rail line. The submission suggests a linking road between King Street and Fern Street.  Other conversations were had that suggested a ‘ring road’ around the town.

Noted.  A similar, wider spanning connection is considered as a part of the draft residential strategy.  A ring road is not considered necessary at this point due to the size of Mullumbimby.

Support was expressed for the Masterplan, and an acknowledgement that Mullumbimby needs to grow and expand.

Noted.

Some verbal submissions suggested revegetating the rail corridor, leaving it open for future rail/rail trail use and creating open space as a part of the Urban Village.

The plan includes provision of open space in this area as well as delivery of accessible/affordable housing that will not impede the ability for the rail corridor to function for rail or a rail trail.

A submission suggested that there be no rights of way for traffic in town in order to provide equality for all users.

In addition, the submission suggests that 40km/h zones be used and that the ‘shared space’ concept be expanded to the rest of town.

The Burringbar talking Street, if successful, could provide an example for other streets in town.

It should be noted that speed limits are controlled by the RMS, not directly through Council.  Council may choose to support an application to amend speed limits in a particular area, if they meet the warrant conditions set out by the RMS. 

This has been referred to Council’s traffic engineer for further consideration.

A number of submissions suggested creating more loading zones in the town centre.

This has been referred to Council’s traffic engineer for review.

A submission expressed concerns about opening access to ‘the leaf land’ and possible illegal camping and noise implications this might have for adjoining properties.

Council owns ‘the leaf land’ and the intention of this action was merely to secure long term access to a Council asset.  The wording of this action has been revised to provide greater clarity.  The opening of access will likely be subject to the intended uses on the site which are yet undecided by Council. 

Support was expressed for the continuation of the Sculpture Walk as a place for the whole town to enjoy

Noted.

 

Some submissions suggested disappointment that the town was no longer a ‘tidy town’

Not considered relevant to the Masterplan.

One submission suggested turning the rail line into a road interconnector between Mullumbimby and Byron Bay. 

Council is currently working on the Multi-Use Rail Corridor project which seeks to test the feasibility of turning the existing rail line into a very light rail transporter track with an adjacent bicycle rail trail.  An initial report has been received and is available on Council’s website.

A submission raised concerns over trees being planted on the roadside in Stuart Street.

Final designs for ‘the green spine’ will come at a later date.

Some submissions expressed support for the changing of give-way signs along Tincogan Street.

Noted.

A submission expressed concerns that the Masterplan did not address the Brunswick Valley Sustainability Centre Management Plan for Vallances Road

This site is not within the scope of the Masterplan.

A submission expressed concerns that there was a lack of transparency in the guidance group and that certain members have a vested interest.

The guidance group was made up of a wide range of people from the community who were selected through an Expression of Interest process.  Their role was to assist, inform and guide the draft Masterplan which was then tested against a wider audience through the public exhibition of the document. The names of the guidance group have always been published on Council’s website for transparency.

A submission suggested a one-way grid in the central part of town to alleviate traffic concerns.

Though there is definitely some merit in this suggestion, the Burringbar Talking Street would be difficult to achieve with widespread implementation of one-way roads.  At this time the suggestion is not advised.

A submission from the Mullumbimby high school P & C expressed concern that a road to access any possible development in Precinct 4 might encroach on the sports oval.

This is considered outside the scope of this Masterplan and will be considered as a part of any structure planning that might occur for the South Mullumbimby Precinct.

Clarification on what ‘connecting got the river’ means in the context of the masterplan?

In Our Mullumbimby Masterplan, connecting to the river means not only enhancing the visual connections to the river, but also opening up the architectural interface between the town and the river, celebrating the value of the river by improving the condition, and creating more spaces to enjoy the nature abutting the town.

Some submissions expressed support for more pedestrian bridges linking across the river.

Noted.

Some submissions were in support of retaining Mullumbimby’s country town feel 

Noted.

A submission suggested improving the accessibility, functionality and aesthetics of the bus stop near the scout hall.

This has been included in the final plan.

Agency Submissions

DPIE Development and Transactions division indicated their support for the principles and vision of the Masterplan and a desire to continue to collaborate on the outcomes for the rail lands.

Noted.

DPIE Biodiversity and Conservation (BCD) expressed their general support for the Masterplan and its sustainability, climate change, environmental and aboriginal heritage outcomes.

DPIE BCD supports the addition of green infrastructure and the encouragement of active transport that forms a part of the plan.  They note the plan recognises climate change and builds in measures to buffer the Urban Heat Island Effect and reduce local flooding through greening and WSUD.  The BCD team suggests the inclusion of emerging technologies such as driverless community buses might form part of the plan.

The BCD supports constraining the urban footprint and protecting the agricultural and habitat areas around Mullumbimby.  It does not support the further rezoning of rural land to RU4. 

The BCD suggests multi-lingual signage as a way of furthering including aboriginal inclusion in the plan.

Noted

Roads and Maritime services expressed their support for the planning priorities, key actions and strategic directions in the document, particularly the priorities for pedestrian and cycle movement through the town, and provided some resources.

Noted.

 


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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[3]

Nature of the land that is subject to a change in zone/planning control by the proposed LEP (the subject land)[4]

[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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Byron Shire

Development Control Plan 2014

 

Chapter E5

Certain Locations in Byron Bay and Ewingsdale

 

 


 

 

 

 

 

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Chapter E5 – Certain Locations in Byron Bay and Ewingsdale

 

Contents

 

E5.1         Introduction. 7

 

E5.2         Application of this Chapter. 7

 

E5.3         Aims of this Chapter. 7

 

E5.4         Development Controls. 7

E5.4.1     Development and servicing of land affected by predicted coastal hazards. 7

 

E5.5         Habitat 10

E5.5.1     Where this Section Applies. 10

E5.5.2     Objectives of this Section. 10

E5.5.3     Desired Future Character and Development Principles. 11

E5.5.3.1       Statement of Desired Future Character 11

E5.5.3.2       Planning Principles. 11

E5.5.3.3       Achieving the Desired Future Character 12

E5.5.3.4       Precinct Plan. 12

E5.5.4     Design and Development Controls. 14

E5.5.4.1       Land Use, Management and Environmental Assessment 14

E5.5.4.2       Car Parking. 17

E5.5.4.3       Building Design. 19

E5.5.4.4       Site and Open Space Design. 22

E5.5.4.5       Lot Size and Subdivision. 24

E5.5.4.6       Water Cycle Management 25

E5.5.4.7       Ecological Enhancement 26

 

E5.6         Byron Central Hospital Locality. 30

E5.6.1     Where this Section Applies. 30

E5.6.2     Objectives of this Section. 30

E5.6.3     Landscaped Buffer 30

 

E5.7         The North Byron Beach Resort Site. 31

E5.7.1     Where this Section Applies. 31

E5.7.2     Objectives of this Section. 31

E5.7.3     Statement of Desired Future Character 32

E5.7.4     Planning Principles. 33

E5.7.5     Achieving the Desired Future Character 34

E5.7.6     Development Applications and Site Concept Plan. 35

E5.7.7     Conservation Areas and Corridors. 36

E5.7.7.1       Western Wetland and Heath Precinct C.. 36

E5.7.7.2       Southern Wildlife Corridor Precinct D.. 37

E5.7.7.3       Eastern Wetland and Littoral Rainforest Precinct E.. 38

E5.7.8     Buffers and Hazards. 39

E5.7.8.1       Bush Fire Asset Protection Zones. 39

E5.7.8.2       Water Body Buffers. 39

E5.7.8.3       Mosquito Management 40

E5.7.9     The Developable Area. 40

E5.7.9.1       Built Form.. 40

E5.7.9.2       Low Density Perimeter (Precinct 1) 41

E5.7.9.3       Central Development Area (Precinct 2) 41

E5.7.9.4       Drainage and Water Cycle Management 42

E5.7.9.5       Landscape. 43

E5.7.9.6       Tourism Management 43

E5.7.10  Environmental Management and Repair 44

E5.7.10.1    Beach Access. 44

E5.7.10.2    Environmental Management 44

 

 

 

Maps

 

Map E5.1 – Byron Bay Coastal Hazards Map. 9

Map E5.2 – Habitat 28

Map E5.3 – Habitat Precinct Plan. 29

Map E5.4 – North Byron Beach Resort Precinct Map. 46

 

 

Figures

 

Figure E5.1 – Indicative examples of Byron vernacular 940

 

 

 

Tables

 

Table E5.1 – Land Uses Consistent with Desired Future Character 15

Table E5.2 – Setbacks. 940

Table E5.3 – Car Parking Standards. 940

 

 

 


Document History

Doc No.

Date Amended

Details (e.g. Resolution No.)

#E2014/19980

20 March 2014

Res 14-118 - Public exhibition version

#E2014/33071

 

Draft to 26 June 2014 Extraordinary Meeting - for adoption

#E2014/43427

26 June 2014

Adopted Version – Res 14-315

#E2017/104988

November 2017

Res 17-224 Public Exhibition version (#E2017/104987 - Marked Up Version)

#E2018/6783

February 2018

Draft to 22 February 2018 Ordinary Council Meeting – for adoption

E2018/19959

15 March 2018

Adopted Version – Res 18-081, Effective 15 March 2018

E2019/29357

April 2019

Public exhibition version – Revision 3 (Res 19-091)

E2019/29357

July 2019

New revision for adoption 15 August 2019 planning meeting

E2019/65501

15 August 2019

Adopted 15 August 2019 Effective 11 September 2019 – Res 19-374

E2019/84596

19 November 2019

Draft to 12 December meeting

 

 


 

 

 

 

 

 

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E5.1          Introduction

Byron Bay is an iconic coastal town characterised by spectacular beaches and coastline. It is a relatively low density urban place with a compact, walkable CBD and a predominance of one and two storey development in residential areas with three storeys in the business area. It is partly affected by coastal hazards and flooding.

 

E5.2          Application of this Chapter

This Chapter applies to certain land at Byron Bay and Ewingsdale that is subject to Byron LEP 2014.  The land to which this Chapter applies is only that land identified in this Chapter.

 

E5.3          Aims of this Chapter

The Aims of this Chapter are:

1.     To identify land in Byron that may be affected by future coastal hazards and to apply development controls proportionate to the hazards affecting that land.

2.     To identify land on Bayshore Drive, Byron Bay that is suitable for an innovative suite of land uses that will result in a compatible mix and density of business, office, residential, retail, light industry and other development on the site.

3.     To facilitate the development of a new hospital for Byron Bay on Ewingsdale Road and ensure that it fits well with its surrounding rural locality.

4.     To facilitate the responsible development of land at the Eastern end of Bayshore Drive for tourist and visitor accommodation and related uses while preserving and regenerating the vegetation on the site. 

 

E5.4          Development Controls

E5.4.1          Development and servicing of land affected by predicted coastal hazards

 

Objectives

1.     To define how public utility services may be provided to development which is potentially threatened by coastal hazards.

2.     To ensure the impact of coastal hazards on potential development is minimised by ensuring any development ceases as the erosion escarpment approaches the development.

 

Performance Criteria

1.       Vehicular access, water, sewerage, electricity, telephone and other services must be located so as to minimise the impact from actual or predicted coastal hazards.

2.       Development on land marked as ‘Coastal Erosion Hazard Area’ on the Byron Bay Coastal Hazards Map (Map E5.1) must be designed to be relocated or demolished, or to cease operation, should the erosion escarpment come within 50 metres.

 

Prescriptive Measures

1.       All services must be provided from the landward side of the development such that the building is between the services and the erosion escarpment.

2.       Development within the ‘Coastal Erosion Hazard Area’ on the Byron Bay Coastal Hazards Map (E5.1) will be considered on the understanding that any consent granted will be subject to the proviso that should the erosion escarpment come within 50 metres of any building then the development consent will cease.

3.       If the development consent does cease then the owner of the land will be responsible for the removal of all buildings.

4.       The option of demolition as the means of removal will be available to all buildings.

5.       Prior to the issue of a Construction Certificate a restriction as to user must be placed on the title pursuant to the provisions of section 88E of the Conveyancing Act 1919, stating:

“The subject land and any improvements erected thereon must not be used for the purpose of (land use) in the event that the erosion escarpment as defined by the Works and Services Director of the Council of the Shire of Byron from time to time comes to within 50 metres of any buildings or any part thereof at any time erected on the said land’.


Map E5.1 – Byron Bay Coastal Hazards Map

 

E5.5          Habitat

E5.5.1          Where this Section Applies

 

This section applies to the land defined by a heavy black line on Map E5.2 known as  Habitat, and identified as Lot 3 DP1004514, Bayshore Drive, Byron Bay.  It is bounded by the Byron Bay Arts and Industry Estate to the south, the West Byron Sewage Treatment Plant to the west, regenerating heathland, shrubland and low woodland to the north, and the Sunrise Beach residential estate to the east.

 

In the event of any inconsistency between Section E5.5 and other Chapters of this DCP, the provisions of Section E5.5 shall prevail.

 

E5.5.2          Objectives of this Section

 

The primary purpose of this Section is to provide standards for the future development of the site.  To assist in this regard, the objectives of this Section are to:

 

1.     Promote and implement the principles of ecologically sustainable development identified in aims of Byron LEP 2014, in the planning, development and management of the site;

2.     Contribute to the implementation of the Byron Shire Affordable Housing Strategy, the Byron Biodiversity Conservation Strategy, the Byron Shire Cultural Policy, and the Byron Shire Social Plan;  Byron Shire Affordable Housing Initiatives, the Biodiversity Conservation Strategy, the Byron Shire Cultural Policy and applicable objectives as outlined in the Community Strategic Plan ‘Our Byron, Our Future’.

3.     Define a compatible mix and density of business, office, residential, retail, light industry and other development on parts of the site;

4.     Seek to increase the range of housing choice and further promote affordable living opportunities.

5.     Enhance and protect the bio-physical environment, particularly the Wallum vegetation and wildlife habitat adjacent to the site;

6.     Enhance and protect ground water and surface water quality and hydrology;

7.     Ensure that the siting, scale and intensity of development enhance and protect Byron Bay’s social and cultural qualities by:

a)    responding to local and regional values, community needs and aspirations;

b)    reflecting Byron Bay’s character and scale;

c)    ensuring that development of the site contributes to the range of services available and the identity of West Byron; and

d)    ensuring that site access does not compromise the amenity or safety of adjacent residential areas.

 


E5.5.3          Desired Future Character and Development Principles

 

E5.5.3.1           Statement of Desired Future Character

 

Habitat provides a vibrant and sustainable urban environment, which enhances social equity, economic vitality, environmental performance and sustainability, and cultural expression within the Byron Bay community.

 

It provides a wide range of housing and employment choice and has strong connections to nearby shops, industry, town services, facilities and transport corridors.

 

A mix of housing types and small scale creative enterprises contribute to the neighbourhood’s vitality and the town’s identity.  Dwelling types reflect the household profile of Byron Bay.  Smaller dwellings and multiple dwelling types cater for Byron’s higher than average proportion of group households and lone person households.  Integrated work and living spaces provide affordable and flexible opportunities for small scale businesses.  Commercial ventures provide for local employment, creative industries and an outlet for goods and services produced on the site.

 

Land is used efficiently and energy and water use is minimised.  The community actively contributes to the enhancement and maintenance of important habitats on adjoining land.  Buffers are provided to these adjoining habitats, and to bushfire hazards and the West Byron Sewage Treatment Plant.  Edges are well defined, the public domain is safe and permeable and amenity is fostered by transitions between uses and by integrated site planning.

 

E5.5.3.2           Planning Principles

 

The desired future character reflects the following planning principles:

1.     Social Equity

a)    Enables the co-location of uses to provide housing close to employment opportunities while ensuring potential conflict between the different land uses is minimised;

b)    Provides a range of low cost residential and live/ work solutions that will enable creative artisans/business people to establish an economically achievable base; and

c)    Includes a mix of housing, ownership patterns, prices and building types for a diverse community.

2.     Economic Vitality

a)    Provides a mix of employment opportunities with particular emphasis on creative industries;

b)    Facilitates a density of development (with amenity) which makes cost effective use of scarce land; and

c)    Embraces the concept of shared opportunities and synergies within the surrounding neighbourhood, which contributes to overall efficiencies.

3.     Environmental Performance

a)    Facilitates a smaller environmental footprint than traditional suburban development;

b)    Utilises a site sensitive approach which provides filters and buffers protecting the ecological values of adjoining lands;

c)    Provides for habitat enhancement that integrate with work previously undertaken on adjoining land to restore significant new wetland habitat.

4.     Cultural Expression

a)    Encourages a clustering of artistic and lifestyle based small scale industries; and

b)    Promotes the cultural identity of the area by building upon the commercial / services and industrial base in the surrounding neighbourhood.

 

E5.5.3.3           Achieving the Desired Future Character

 

This Plan aims to achieve the Desired Future Character of the site as described in Section E5.5.3.1 by:

1.     Providing a Precinct Plan for the major elements of Habitat (refer to Map E5.3);

2.     Specifying Principles that must apply to development of the site;

3.     Specifying objectives, performance criteria and prescriptive measures for a number of environmental elements relevant to the future development of Habitat; and

4.     Specifying ecological enhancement measures that are to be undertaken in adjoining habitats.

 

E5.5.3.4           Precinct Plan

 

1.     The Habitat Precinct Plan (Map E5.3) identifies the major bio-physical elements that will make up the structure of the developed site.  These elements include: 

a)    Major entries/ exits;

b)    Internal access connections;

c)    Land use ‘precincts’, including:

i)      Precinct 1A - commercial terraces / Tiered living.

ii)     Precinct 1B – Mixed use, retail / business / food and drink / recreation facility (indoor).

iii)    Precinct 2 - pocket living.

iv)    Precinct 3 - warehouse lofts.

v)     Precinct 4 - mixed use, retail / business / residential / café / community recreation facilities / commercial terraces.

vi)    Precinct 5 - ecological enhancement.

 

2.     The Precinct Plan provides a framework for development in Habitat.  It will assist developers and designers to obtain an understanding of the context for their proposed development.  Components of the plan include the following:

a)    Major entries/ exits 

The major entries / exits for Habitat will be from  Wallum Place, at the northern frontage of the site.  Entry-only service access and entry-only access to car parking areas within the site will be from Bayshore Drive, at the eastern frontage of the site. 

b)   

i. Precinct 1A: Commercial terraces / Tiered Living

The three Commercial Terrace buildings are comprised of 4x two-bedroom units, each with integrated, dedicated commercial or home office spaces. This product will suit an array of people wanting to run a small professional business from home.

Tiered Living consists of 8x two-and-a-half storey buildings along the northern edge of the site (half storey comprised of a mezzanine or loft that utilises the roof space). Tiered living provides for a range of housing options, with 12x one bedroom units, 22x two bedroom units and 12x three bedroom units.

ii. Precinct 1B: Mixed Use

The Precinct will offer a mix of business, retail, recreation facilities (indoor) and food and drink, including: approx.. 450m2 of retail space; approx.. 900m2 of commercial office space;  615m2 of recreation facilities (indoor) and 105m2 of food and drink premises space.

c)    Precinct 2:      Pocket Living

The Pocket Living Precinct consists of 4x two-and-a-half storey buildings along the north western edge of the site and an amenities block (half storey comprised of a mezzanine or loft that utilises the roof space). This precinct offers the opportunity for high quality, small scale living units at an affordable price point and is comprised of 56x one bedroom units and 4x two bedroom units.

d)    Precinct 3:      Warehouse Lofts

The Warehouse Lofts consist of 4x two storey buildings along the southern edge of the site. Each building is comprised of six ground floor commercial/retail spaces with a one-bedroom apartment above. There is also an option for a second bedroom on the ground floor. This integrated solution will suit many creative industries.

e)    Precinct 4:      Retail / Business / Residential / Café / Community Recreation Facilities

This area offers a mix of business, retail and living spaces including; approx. 1200m2 of retail space; approx.1700m2 of commercial office space plus a café/restaurant, gym and pilates studio, as well as 10x two bedroom apartments, with attached retail or commercial workspaces. The recreational precinct includes a swimming pool, change rooms, barbecue areas, bicycle storage and shaded lawn.

f)     Precinct 5:      Ecological Enhancement

Existing low lying areas or swales on adjoining lands will be extended and revegetated with freshwater wetland and heath plant species of local provenance to improve wetland habitats and increase important habitat components for local fauna species, particularly the Wallum frogs (Wallum Sedge frog, Litoria olongburensis, Wallum froglet Crinia tinnula).  Appropriate restrictions on the title of the property (Lot 3) will ensure that the community will continue to contribute to the maintenance of these important Wallum frog habitats.

 

 

 

 

E5.5.4          Design and Development Controls

 

Section E5.5.4 contains a range of controls which reflect environmental and design aspects of the future development of Habitat.

 

E5.5.4.1           Land Use, Management and Environmental Assessment

 

Background

A key characteristic of villages is the mix of uses that occur throughout them.  Mixing uses facilitates a vibrant and safe environment by day and by night.  The close proximity of workplaces and housing reduces travel distances and creates affordable and accessible urban environments.  The economic viability of the development is supported over its life cycle by the provision of both housing and productive uses.  Provision of a variety of housing types and configurations supports a diversity of households and reflects local demands for differentiated and affordable housing options.

 

The site has a number of constraints which will require detailed environmental assessment as part of any future development application for the site.  These constraints include proximity to the West Byron Sewage Treatment Works and its primary access road, potential acid sulfate soils, and various ecological constraints.

 

Objectives

1.     To achieve the Desired Future Character for the site as defined by Section E5.5.3.1;

2.     To facilitate the creation of a mixed use development with a diversity of housing and employment choice and optimum density that reflects the environmental capability of the site and the socio-economic and cultural context; and

3.     To assess and mitigate potential environmental impacts.

 

Performance Criteria

1.       Utilise the site and building layout to maximise the potential for acoustic privacy by providing adequate building separation within the development and from neighbouring buildings;

2.       In Precinct 1, utilise front fences and walls to enable use of private open space abutting  Wallum Place to provide an acoustic barrier to vehicle movements;

3.       In mixed use development, ensure loading bays, garbage collection areas etc are located away from bedrooms and other quiet areas in the residential component;

4.       Provide diverse dwelling types within Precincts 1, 2, 3 and 4;

5.       In Precinct 1, provide  spaces to be used for a home office, creative industry or as an additional bedroom.

 

Prescriptive Measures

1.       Land Use and Density

a)    Distribute land uses across the site in accordance with the Precinct Plan (Map E5.3)  and the consistent land uses and densities outlined in Table E5.1; and

b)    Provide for a maximum of 152 residential dwellings within the site.

 

Table E5.1 – Land Uses Consistent with Desired Future Character

 

Precinct

Consistent Land Uses*

Maximum Densities*

 

Precinct 1A

 

Land Area:

Approximately 12,129m2 8,419m2

 

Built Gross Floor Area:

7,430m2 Approximately 6,042m2

 

Bedroom Total: 126

 

 

 

-     Commercial Terraces (CT

-     Tiered Living  (TL)

 

Commercial Terraces

 

-     Part of the ground floor is for home office / creative industry or use as an additional bedroom

-     Rear portion of the ground floor and all of upstairs is residential (Class 1A or Class 2)

-     2 bedrooms

 

Tiered Living

 

-     Mix of configurations ranging from 1 – 3 bedrooms depending on how the space is used.

-     Garage to ground floor.

Precinct 1B

 

Land Area:

Approximately 3,710m2

 

Built Gross Floor Area:

2,160m2

 

 

-     Retail

-     Business

-     Food and Drink

-     Recreation Facilities (indoor)

-     Retail (class 6) to the lower level.

-     Commercial (class 5) to the upper two levels.

-     Food and drink and Recreation Facilities (indoor) to the lower level.

-     Shared meeting rooms, wc’s, storage and garbage facilities.

 

 

Precinct 2

 

Land Area:

Approximately 10,255m2

 

Built Gross Floor Area:

3,655m2

 

Bedroom Total: 64

 

 

Pocket Living (PL)

 

Pocket Living

 

-     Mix of 1 + 2 bedroom units to ground floor

-     1 bedroom units to first floor

 

 

Precinct 3

 

Land Area:

Approximately 7,360m2

 

Built Gross Floor Area:

3,200m2

 

Bedroom Total: 48

 

 

Warehouse Lofts (WL)

 

Warehouse Lofts

 

-     Commercial / retail to the ground floor (class 5 / 6)

-     Generally residential to the first floor with additional bedroom permissible to ground floor

-     Able to be configured with 1 or 2 beds

 

 

Precinct 4

 

Land Area: Approximately 16,740m2

 

Built Gross Floor Area: 5,325m2

 

Bedroom Total: 20

 

-     Retail

-     Business

-     Residential

-     Café

-     Community / Recreation Facilities

 

 

Commercial Precinct

B1 / C1 / C2 / C3 / C4 / C5

 

-     Retail (class 6) to lower level with the exception of C5 (dentist)

-     Commercial (class 5) to upper level with the exception of C1 (gym) C3 and C5 (pilates studio)

-     Shared meeting rooms and wc’s

 

 

Recreation Precinct

 

-     Swimming pool and change facilities

 

Commercial Terraces

 

-     Part of the ground floor is commercial/retail (class 5/6)

-     Rear portion of the ground floor and all upstairs is residential (class 2)

-     2 bedrooms

 

 

Precinct 5

 

Land Area: Approximately 2,728m2

 

Ecological enhancement, restoration, management and monitoring.

 

No buildings allowed

 

2.       Setback

Provide setbacks within the development consistent with the minimum distances outlined in Table E5.2.

 

Table E5.2 – Setbacks

 

Land Use

Minimum Setback

Distance (m)

Precinct 1

 

 

External Property (lot) Boundary

4

External road

9

Internal roads

0.5  0

Adjoining buildings

0

Precincts

2 & 3

 

External Property (lot) Boundary

4

Internal roads

 

 

0.5

Adjoining Buildings

 

0

Precinct 4

 

 

Bayshore Drive

7

 Wallum Place

4

Internal Roads

0

 

 

 

 

 

3.       Buffering

a)    Provide a minimum 20m setback between dwellings and the western and north-western site boundaries, where these adjoin the adjacent Wallum frog habitats;

b)    Provide a minimum 5m setback between dwellings and the internal boundary between Precincts  2 and 5, located in the north-western corner of the site as denoted by the approved Acid Frog Management Plan (Geolink, 2017) for the site; and

c)    Provide buffering from the Byron Bay Sewerage Treatment Works in the form of a minimum 20m buffer along the north western boundary of the site (this acknowledges the buffer provided in the original subdivision of the land, by the creation of Lot 12 DP 1189646). 

 

4.       Environmental Assessment

The following environmental assessment reports must be prepared as part of any development application for the site:

a)    Preliminary Acoustic Report;

b)    Site Waste Minimisation and Management Plan and assessment consistent with the requirements of Chapter B8 Waste Minimisation and Management.

 

E5.5.4.2           Car Parking

 

Background

An integrated ‘live/work’ approach to development, characterized by the inclusion of workspaces in detached and attached residential dwellings, presents the opportunity for dual use of parking spaces, thereby reducing the overall parking demand of the proposed development.

 

Dual use of parking spaces occurs when the same parking space can serve more than one component of a development, such as where residents of living areas also operate businesses in the attached workplaces.  In circumstances where the parking demand generated by residents is satisfied by parking provided to serve the living areas, there is no need to satisfy the parking demand generated by residents’ use of the workplaces.

 

A mixed use development also provides the potential for complementary use of parking spaces.  This occurs when the peak parking demand of one component of the proposed development does not coincide with the peak parking demand of another.

 

Objectives

1.     To provide sufficient parking to satisfy the needs of the proposed development taking into account the potential for dual and complementary use of parking spaces; and

2.     To assist in achieving the Desired Future Character for the site as defined by Section E5.5.3.1 by minimising the total area of hard stand car parking within the site.

 

Performance Criteria

1.       Provide on-site car parking appropriate to the needs of both residents and off-site workers, with consideration to potential for dual use and complimentary use of spaces;

2.       Dual Use Parking - apply the concept of dual use parking, as described above, as appropriate to the nature of the proposed site development. In this regard it is not unreasonable to expect that the actual parking demand generated by the workplace floorspace in the commercial precinct (most notably the office floorspace), and in the industrial precinct, will be up to 30% less than the parking requirement which is calculated without regard to the duplication of parking provision, which is a consequence of the integrated “live/work” approach to the development.  It should be noted, however, that it is possible that not all of the workforce employed by businesses that occupy the workplaces incorporated in integrated ‘live/work’ components of a mixed use development will also be residents of that development.  For example, a resident operating a business from a workplace could employ a non-resident/residents to assist in the operation of the business; 

3.       Complementary Use - seek to reduce the total number of car parking spaces associated with a mixed use development proposal by comparing peak demands of each use by time of day, day of the week, and season.  Where the varied parking demand for proximate uses allows joint use of a single parking space or facility, a reduced number of spaces is strongly encouraged;

4.       Located shared parking spaces to be convenient to all users;

5.       Provide non-residential parking on internal streets and accessways, providing that such parking does not affect the capacity of the internal access system to allow efficient internal movement of vehicles and pedestrians; and

6.       Provide cycle access and facilities within the site, consistent with the requirements of Chapter B5 Providing for Cycling.

 

Prescriptive Measures

Provide on-site car parking in accordance with standards outlined in Table E5.3.  Total provision of car parking is to consider potential for dual use and complementary use, as described above.

 

 

Table E5.3 – Car Parking Standards 

 

Type of Development

Minimum Car Parking Provision

Special Requirements

Precinct Requirements

Precinct 1ACommercial Terraces / Tiered Living 

large dwellings - 3 or 4 bedrooms

2 spaces per dwelling

1 space must be capable of being covered (stacked car parking will not be acceptable)

1 per cent of spaces to be provided for people with a disability

small dwellings – 1 bedroom

1 space per dwelling

 

visitor car parking

1 space per 4 dwellings

 

Workspace

1 space per workspace

 

delivery / service vehicles

1 space per 50 units

Visitor parking can be used if designed for dual use

Precinct 1B –Mixed use, retail / business / food and drink / recreation facility (indoor)

Retail

1 space per 20m2 gross floor area

 

1 per cent of spaces to be provided for people with a disability

Office / professional rooms / business premises

1 space per 40m2 gross floor area x 70%

 

Recreation facility (indoor)

1 space per 20m2 gross floor area

 

delivery / service vehicles

1 space per 400m2

 

Precinct Two – Pocket Living

small dwellings – 1 bedroom

1 space per dwelling

 

1 per cent of spaces to be provided for people with a disability

small dwellings – 2 bedroom

1.5 spaces per dwelling

 

delivery/ service vehicles

1 space per 800 m2 gross floor area

Visitor parking can be used if designed for dual use

Precinct Three – Warehouse Lofts

small dwellings (1bedroom)

1 space per dwelling

 

 

1 per cent of spaces to be provided for people with a disability

small dwellings – 2 bedroom

1.5 spaces per dwelling

 

visitor car parking

1 space per 4 dwellings

 

Workspace

1 space per workspace

 

delivery / service vehicles

1 space per 800 m2 gross floor area

Visitor parking can be used if designed for dual use

Precinct 4 – Mixed Use

retail

1 space per 20 m2 gross floor area

 

1 per cent of spaces to be provided for people with a disability

office / professional rooms/ business premises

1 space per 40m2 gross floor area x 70%

 

spa

1 space per 20m2 gross floor area

 

small dwellings (1 or 2 bedrooms)

1.5 spaces per dwelling

 

large dwellings (3 or 4 bedrooms)

2 spaces per dwelling

 

visitor car parking

1 space per 4 dwellings

 

delivery / service vehicles

1 space per 400 m2

 

 

 

E5.5.4.3           Building Design

 

Background

The climate, coastal location and the evolving culture of Byron Bay has given rise to a ‘Byron style’ which can be characterised as informal, light weight construction and is referred to in this Section as the ‘Byron vernacular’ and the ‘Byron style’.  Achieving the Byron vernacular will be reinforced within the developments’ residential precincts, with the development as a whole  ensure that the site will be characterised by lush vegetation, open spaces and linked landscaped areas, a mix of flat and sloping rooflines, timber, masonry  and glass structures typical of the local Byron style of lightweight construction and tropical appearance (refer to Figure E5.1).

 

An opportunity exists for Habitat to be an intense living and working environment of a considerably higher density than suburbia.  Consequently, a high degree of detailed design resolution is required in the architecture and urban design.

 

The density proposed for the site means that the form and layout of each building needs to consider its relationship to its immediate neighbour and its context in the street.  It means that the creation of identifiable and well defined space in the public domain is more important than the individual building and garden.  Further, it means that gardens and the landscaping on private lots need to contribute to the public domain.  The issue of overshadowing will also need to be carefully considered in any design for the site.

 

Building design should:

1.     Reinforce the structure of the public domain;

2.     Respond to climate and local ‘Byron vernacular’;

3.     Ensure privacy and amenity are maintained;

4.     Contribute to high environmental performance; and

5.     Ensure an adequate level of solar access is provided to living areas.

 

 

Typical Dwelling and Workspace Elevations

 

Typical Lane Workspace Elevation 

 

Figure E5.1 – Indicative examples of Byron vernacular

 

Objectives

1.     To achieve the Desired Future Character for the site as defined by Section E5.5.3.1;

2.     To ensure that buildings on the site reinforce the structure of the public domain, respond to climate and the ‘Byron vernacular’, ensure that privacy and amenity are maintained, and contribute to high environmental performance;

3.     To ensure that residential development will not significantly increase the overshadowing of adjoining properties; and

4.     To ensure that occupants of buildings will enjoy the optimum use of winter sunlight and summer shade.

 

Performance Criteria

1.       Provide low-rise (two and a half storey maximum) two and three story building forms that are in proportion to street trees or existing built form. Two and (half storey comprised of a mezzanine or loft that utilises the roof space) are also possible.

2.       Where possible, provide rear lane vehicular access to housing sites to facilitate a coherent, safe and visually pleasing streetscape and negate the need for private hard surfaced driveways;

3.       Provide articulation and variety in building forms and utilise screening features to facilitate visual interest, privacy and energy efficiency;

4.       Ensure that the width and internal layout of buildings facilitate natural cross ventilation;

5.       Design entrances so that they are a clearly identifiable element of the building in the street;

6.       Utilise durable materials and finishes;

7.       No roof should have a highly reflective surface; any metal roof must have a colorbond or equivalent finish in a colour approved by Council.  White or light coloured roofing will not be approved where it’s likely to be intrusive;

8.       Locate habitable rooms and open spaces away from noise sources and utilise car parking areas and zero side building setbacks to provide a buffer to noise sources;

9.       In Precinct 1, design and construct development adjoining Wallum Place to ensure that acceptable living conditions can be created within dwellings, particularly in relation to noise and odour;

10.     Incorporate lush vegetation to provide shade and screening; and

11.     Orientate dwellings and design building roof and shade structures to maximise solar access into private open space areas and internal living spaces during winter months.

 

Prescriptive Measures

1.       Provide details of building materials and surface colours for assessment with the development application;

2.       External materials must demonstrate consistency with complement the ‘Byron vernacular’ and must be light weight in appearance and can include various forms of cladding including pre-painted corrugated steel, fibrous cement, weatherboard, masonry, concrete and timber;

3.       Allow zero side setbacks and boundary walls to efficiently utilise the site, create an urban edge to streets, minimise building material and energy usage, and enable the provision of private internal open space;

4.       Design buildings to ensure a minimum of 3 hours of sunshine to the living area of dwellings between 9am and 3pm mid winter;

5.       Coordinate and integrate building services, such as drainage pipes and air conditioners, with overall façade and balcony design;

6.       Coordinate security grills/ screens, ventilation louvres and car park entry doors with the overall façade design;

7.       Provide operable walls and large openings to allow for windows and doors to be opened during summer and closed in winter;

8.       Incorporate mosquito mitigation devices;

9.       Locate living areas with direct access to private outdoor spaces; and

10.     Avoid large expanses of any single material.

11.     Design buildings to ensure that building heights do not exceed the maximum height shown for the land on the Byron LEP 2014 Height of Buildings Map

12.     Design buildings to ensure that he maximum floor space ratio for a building is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

 

 

 

E5.5.4.4           Site and Open Space Design

 

Background

The flat topography and high water table of the site and the sensitive wetland habitats of its context mean that managing stormwater runoff will be important.  Minimising impervious surfaces across the site is critical to the reduction of stormwater runoff.  This issue will also be supported by building design and infrastructure design elements of this Section.

 

The provision of areas for communal exchange, relaxation, education and contemplation will support the village concept.  At the same time, territorial reinforcement of public and private space will facilitate efficient utilisation of the land and discourage crime opportunities.

 

Universal access will need to be built into the design of the site at ground level in order to produce a village that is supportive of people with the range of physical and mental functionality.

 

The mixed use nature and density of the proposed land use pattern and the availability and augmentation of existing cycling and walking networks delivers an opportunity to provide wide transport choice.  Minimising and integrating vehicular parking is a demand management measure that can further support, walking, cycling and public transport.  Locating visitor parking within the street system reduces the footprint of dwelling sites.

 

Objectives

1.     To achieve the Desired Future Character for the site as defined by Section E5.5.3.1; and

2.     To minimise the impervious footprint of the site, provide communal and private open space, delineate the public or private role of space and facilitate universal access.

 

Performance Criteria

1.       Provide common open space to facilitate communal exchange and foster a sense of community;

2.       Locate communal open space so that it exists as a focal point for the development;

3.       Provide private outdoor open space areas in dwelling sites as an extension of living spaces, to allow yards to be fully planted as landscaped deep soil areas and to maximise pervious areas;

4.       Provide private open space for workspaces by way of open space balconies as an extension of living spaces;

5.       Provide adequate facilities for storage, clothes drying and waste management while minimising their visual and amenity impacts;

6.       Provide universal access throughout the site by providing continuous accessible paths of travel and some housing and car parking specifically designed to support persons who have reduced physical or cognitive function;

7.       Ensure communal open space areas are useable and accessible to all including those persons with a disability;

8.       Ensure passive surveillance of the communal open space area;

9.       Improve the amenity of open space with landscape design by:

a)    providing appropriate shade in the form of locally indigenous trees or structures;

b)    providing accessible routes through the space and between buildings; and

c)    screening cars, communal drying areas, swimming pools and the courtyards of ground floor residential buildings;

10.     Contribute to streetscape character and the amenity of the public domain by:

a)    relating landscape design to the desired proportions and character of the streetscape;

b)    using planting and landscape elements appropriate to the scale of the development; and

c)    allowing for locating public art where they can be viewed by users of open space and/ or from within courtyards and the public domain;

11.     Improve the energy efficiency and solar efficiency of dwellings and the microclimate of private open spaces.  Planting design solutions include:

a)    locally indigenous trees for shading low-angle sun on the eastern and western sides of a buildings;

b)    locating locally indigenous dense-foliaged trees well away from the building to permit winter sun access;

c)    varying heights of different species of locally indigenous trees and shrubs to shade walls and windows; and

d)    locating pergolas on balconies and courtyards to create shaded areas in summer and private areas for outdoor living.

 

Prescriptive Measures

1.       Public Open Space 

a)    Provide a minimum of 2,000m2 of public / communal open space, with at least one central location having an area of not less than 450m2;  and

b)    Orientation of communal open spaces to the north with a minimum of three hours of sunlight between 9am and 3pm mid winter provided to at least 50% of the communal open space area.

2.       Private Open Space

a)    A private open space balcony must be provided for each dwelling where the residential component is not located on the ground floor (note this includes dwelling that contain a dwelling on the first floor and workspaces / office on the ground floor).  Within the commercial precinct, such private open space balconies must have a minimum area of 10m2 and a minimum length and width of 2.5m.  Within the Pocket Living precinct, private open space balconies must have a minimum area of 11m2.  In all other precincts, the private open space balconies must have a minimum area of 15m2 and a minimum length and width of 2.5m;

b)    Private open space balconies must have appropriate orientation and adequate provision for winter sun and summer shade; and

c)    Each dwelling that has a residential component on the ground floor must have a minimum private landscaped area of 49m2 (including terrace) plus additional common outdoor area.  

3.       Universal Access

a)    Provide a minimum of one dwelling as adaptable housing, designed in accordance with AS4299, for every 10 dwellings or part thereof;

b)    Design facilities for disabled persons (including car parking) to comply with the Australian Standard 1428 (Part 1 and 2), the Building Code of Australia and the Disability Discrimination Act 1992 (as amended);

c)    Provide continuous accessible paths of travel from all public roads and public spaces, as well as throughout the ground level internal spaces of adaptable housing dwellings; and

d)    Design adaptable housing dwellings in accordance with AS 1428 Parts 1, 2 and 4 and AS 4299 Adaptable Housing.

 

E5.5.4.5           Lot Size and Subdivision

 

Objectives

1.     To provide lots of sufficient size to satisfy the needs of future residents and occupants, and which will accommodate well designed and innovative development;

2.     To encourage diversity in lot size and opportunities for a variety of housing/building choice; and

3.     To ensure that lot design takes into account the natural features of the site and locality.

Performance Criteria

1.       Lots must be of sufficient area to allow for the siting of dwellings / buildings including provisions for private open space, landscaped area, vehicle access and car parking and to permit solar access; and

2.       Lot sizes and design must enable dwellings / buildings and driveways to be sited to protect natural or cultural features, and respond to site constraints including topography, bushland, soil, erosion, drainage, and bushfire risk.

 

Prescriptive Measures

1.       The minimum lot size requirements for the site (including residential community title) shall be in accordance with Byron LEP 2014.

2.       Lots must enable the construction of a built form which is sympathetic to the established character of the area.

3.       Subdivision of the site is to occur only through strata and/or community title subdivision.

4.       There is no minimum allotment size for strata subdivision provided the allotment boundaries substantially correspond with parts of any building intended for separate ownership.  Demonstration of compliance with the Building Code of Australia with regard to fire separation and egress will be required prior to subdivision approval.

5.       In the case of strata or community-title subdivisions, car spaces are not to be given separate lot numbers, and all visitor spaces are to be included within common property where possible.  All private landscape area attached to a dwelling shall be identified on the subdivision plan as being part of the appropriate dwelling unit/ lot. All common landscaped areas and community facilities shall be identified as being within the common property.

E5.5.4.6           Water Cycle Management

 

Background

 

The wetland systems to the south-west and west of the site demand a water management regime that ensures that water leaving the site is appropriately treated and managed.

 

Objectives

1.     To achieve the Desired Future Character for the site as defined by Section E5.5.3.1;

2.     To ensure that management of surface water and ground water on the site is consistent with the principles of Integrated Water Cycle Management and water sensitive urban design; and

3.     To protect the area’s sensitive ecological and geophysical environment, particularly by ensuring that water released into the ground water and adjacent swales is low in pH and nutrients.

 

Performance Criteria

1.       Utilise uncontaminated, low pH, low nutrient fill to provide for drainage of stormwater within and from the site;

2.       Minimise building footprints by including three  two storey and two-and-a-half storey building forms in order to maximise pervious open space areas;

3.       Minimise impervious surfaces dedicated to vehicular access and manoeuvring by minimising the length of driveways and parking provided within individual house sites;

4.       Incorporate water use minimisation measures, such as water saving devices, into building designs;

5.       Minimise filling of the site by adopting above-surface drainage regime with the use of swales;

6.       Council may consider variations to its engineering standards to allow swale drainage, as an alternative to standard kerb and gutter drainage, if it can be demonstrated that the swale drainage design could be adapted to conform to standard kerb and gutter drainage in the event of system failure;

7.       Avoid the need for deep basins or permanent pools for the detention of stormwater by incorporating shallow detention areas or swales across the site which fully drain following rainfall events;

8.       Utilise car parking areas for the detention and treatment of stormwater runoff from roads;

9.       Ensure that stormwater leaving the site is treated to a quality equal or better to pre-development quality;

10.     Ensure that stormwater flow rates leaving the site are no greater than pre-development flow rates;

11.     Manage the flow and quality of water leaving the site to avoid adverse impacts upon adjoining sensitive wetland areas, particularly in relation to maintaining low pH and low nutrient levels;

12.     Maximise the reuse of treated wastewater and stormwater for non potable purposes such as garden watering and toilet flushing within site capability and public health limits; and

 

Prescriptive Measures

1.       Requirements of the site wide Integrated Water Cycle and Soil Management Plan (Geolink, 2011) as amended by Stormwater Management Plan (Ardill Payne & Partners, 2013) are to be adhered to;

2.       Provide dual reticulation within the site for the reuse of recycled water from the West Byron sewage treatment plant (STP) for toilet flushing and watering of open spaces where suitable;

3.       Rainwater tanks to be provided as required by the approved Stormwater Management Plan (Ardill Payne and Partners, 2013);

4.       Private courtyards are to minimise surfaces with impervious materials.  Where timber decking is provided, water must be capable of infiltrating into the soil beneath the deck;

5.       Contribute to water and stormwater efficiency by integrating landscape design with water and stormwater management, by:

a)    using locally indigenous plants with low water demand to reduce water consumption;

b)    using locally indigenous plants with low fertiliser requirements;

c)    using locally indigenous plants with high water demand, where appropriate, to reduce run off from the site;

d)    utilising permeable surfaces; and

e)    incorporating wetland filter systems using locally indigenous plant species;

6.       Employ sub-surface irrigation for watering of public spaces, using recycled water with scheduling to avoid over-watering and adverse impacts to soils and groundwater;

7.       Employ swale drainage within drainage systems to promote infiltration and treatment of stormwater.  Swales shall be designed to minimise maintenance requirements with the use of locally indigenous plant species or alternative coverings such as river pebble;

8.       Council will require the body corporate of Habitat to enter into an appropriate management agreement for the maintenance of any drainage swale on the public roads (Bayshore Drive and Wallum Place) fronting the site;

9.       Drainage systems are to be maintained to ensure that ongoing stormwater quality is achieved.

10.     Design car parking areas to facilitate stormwater detention and treatment; and

11.     Carry out all excavation above the existing water table and in a way that does not change the natural characteristics of the water table.

 

E5.5.4.7           Ecological Enhancement

 

Background

Habitat is almost devoid of non-grass vegetation, having been slashed for decades.  Three (3) vegetation communities occur on the site.  These are swamp forest (small clump on southern boundary), sedgeland (located in depressions across the site) and grassland (majority of the site).  No threatened plant species have been identified on the site.

 

The threatened Wallum Froglet (Crinnia tinnula) has been recorded on and adjacent to the site and the threatened Wallum Sedge frog Litoria olongburensis occurs adjacent to the site.  The site itself offers marginal habitat for the Wallum froglet as a result of degradation due to past disturbance.

 

A Compensatory Habitat Agreement exists between the land owner and Council, which will substantially enhance Wallum frog habitats and provide linkages between existing habitats of importance for these species.  The development of the Habitat site will implement and inform the development of this compensatory habitat agreement.

 

Objectives

1.     To achieve the Desired Future Character for the site as defined by Section E5.5.3.1; and

2.     To assist and increase ecological restoration being undertaken to the west of the site and extend ecological restoration into the site.

 

Performance Criteria

1.       Continue to contribute to the establishment and maintenance of Wallum frog habitats being created on adjoining land; and

2.       Provide restored Wallum frog habitat in accordance with the Council approved Acid Frog Management Plan: Habitat North Beach, Byron Bay by Geolink Environmental Management and Design, Version 4 dated 4/5/17.

 

Prescriptive Measures

Habitat restoration within the site and adjoining lands is to be in accordance with the Council approved Acid Frog Management Plan: Habitat North Beach, Byron Bay by Geolink Environmental Management and Design, Version 4 dated 4/5/17.

 

 


Map E5.2 –Habitat

 


Map E5.3 – Habitat Precinct Plan 

Precinct 1A 8419m2

 

Precinct 1B  3,710m2

 

 

E5.6          Byron Central Hospital Locality

E5.6.1          Where this Section Applies

 

This Section applies to land within Zone ‘SP2 Hospital’ at Ewingsdale, described as Lot 100 DP 1140936, Ewingsdale Road.

 

E5.6.2          Objectives of this Section

 

The objectives of this Section are:

1.     To facilitate achievement of the objectives of R5 zone on land adjoining development to which this Section applies.

2.     To minimise conflict between land uses within the SP2 Hospital zone and land uses within adjoining zones.

3.     To promote retention of a semi-rural landscape in the locality.

 

E5.6.3          Landscaped Buffer

 

Objectives

1.     To provide an effective acoustic and visual buffer between the proposed hospital site and adjoining land within the R5 zone; and

2.     To achieve a semi rural landscape character in and around the proposed hospital site.

 

Performance Criteria

Development applications must incorporate landscape and management measures to ensure that the proposed development will not create adverse visual, noise, lighting or residential character impacts on the existing or potential residential amenity of adjoining land within the R5 zone.

 

Prescriptive Measures

Development applications must be accompanied by a landscape plan consistent with the requirements of Chapter B9 Landscaping.  The landscape plan must include (but is not limited to) construction of a mounded and landscaped buffer a minimum of 20m wide between the proposed development and adjoining land within the R5 zone.  The buffer must be designed, located, intensively planted and maintained in perpetuity as a visual and acoustic screen.   All planting must utilise locally indigenous species.


E5.7          The North Byron Beach Resort Site

E5.7.1          Where this Section Applies

 

This Section applies to land at the eastern end of Bayshore Drive identified as the North Byron Beach Resort Site on Map E5.4.

 

In the event of any inconsistency between Section E5.7 and other Chapters in this DCP, the provisions of Section E5.7 shall prevail.

 

E5.7.2          Objectives of this Section

 

The objectives of this Section are:

1.     To promote and implement the principles of ecologically sustainable development, as identified in the aims of Byron LEP 2014, in the planning, development and management of the site.

2.     To define controls on location, form, character and density of permissible development on the site.

3.     To define those parts of the site that require protection from development because of their inherent habitat or biodiversity values, visual characteristics, hazard characteristics, community values or other environmental values or characteristics.

4.     To maintain, protect and enhance wildlife corridors to facilitate the movement and dispersal of species between Tyagarah Nature Reserve and significant areas of native vegetation on and beyond the site.

5.     To define the remediation, environmental repair and ongoing management measures that are required in order to ensure appropriate environmental restoration and improvement of specific areas and characteristics of the site.

6.     To protect and enhance the visual and scenic quality of the site.

7.     To ensure that the siting, scale and intensity of development protect and enhance Byron Bay’s social and cultural qualities by:

a)    protecting areas and features of cultural significance;

b)    accounting for local and regional values, community needs and aspirations;

c)    reflecting Byron Bay’s character and scale;

d)    ensuring that development of the site does not dominate or detract from the town centre; and

e)    ensuring that site access does not compromise the amenity or safety of adjacent residential areas.

 


E5.7.3          Statement of Desired Future Character

 

The site is characterised by a mix of native bushland, coastal dune systems, wetlands and low intensity, low-rise and low scale tourist accommodation and ancillary uses.  The integrity of native vegetation, wildlife habitats and waterbodies will be enhanced through active management and strategic revegetation.  Natural areas will be separated from development by vegetated buffers and fire protection areas that are designed to minimise impacts on the integrity and quality of ecologically sensitive areas.  The buffers also define the boundary of the development footprint and provide a transition between the two.

 

The textures, colours and design of new development will complement the existing bushland and coastal landscapes, both within and adjoining the site. Buildings will be designed to optimize energy and water efficiency.  A public car park and cycle racks will be provided within the Bayshore Drive road reserve for beach users not accommodated on the site.

 

The land has three distinct components, each with a particular desired future character:

1.     Ecologically sensitive wetlands, habitat and corridor areas, beaches and waterbodies that provide foraging and nursery areas for shorebirds and other conservation priority species.  These areas also include an important habitat corridor adjoining the railway line, which is presently partly developed with holiday accommodation units but which provides a connective wildlife corridor between the Belongil Creek estuary and the Tyagarah Nature Reserve.  Development (including re-development) in these areas will maximise the retention of native vegetation and habitats and provide opportunities for further revegetation over time to enhance the effectiveness of the wildlife corridor.

2.     Dunes and adjacent lands that are susceptible to shoreline recession and coastal processes.  These lands are characterised by vegetated and grassed dunes, hind-dune littoral rainforests and wetlands, grassed areas and waterbodies.  Development in these areas will be limited to low-impact environmental facilities, coastline access and environmental management activities, and surf lifesaving facilities (note: such land is not subject to this DCP however the provisions of DCP 2010 will apply to these areas).

3.     A development area central to the site containing low scale tourist accommodation and associated facilities and waterways in a landscaped setting of grassed areas and locally indigenous trees and vegetation.  Within the development area:

a)    the perimeter adjoining ecologically sensitive areas provides a transition between the natural environment and the central development area. It will be characterised by low building densities and open areas landscaped with grassed areas and local endemic species. The only buildings that will be located in this transition area are tourist accommodation units and environmental facilities; and

b)    the centre of the developable area will contain a range of tourist facilities including a function centre and may contain shops, restaurants or cafes and related facilities.

Note:  A number of existing approvals are applicable to the subject site (i.e. for the areas subject to Byron LEP 2014 and this DCP and adjoining areas that remain subject to Byron LEP 1988 and Byron DCP 2010). Those approvals include Development Application 82/479 and DA 83/513 for what was initially called Belongil Woods and now referred to as Bayshore Bungalows; and Development Application 5.1987.208.3 relating to the tourism development on the Byron Bay side of Bayshore Drive.

Development will be designed to respect and protect the ecological values, coastal processes, natural hazards and access limitations of the locality.  Development will be designed to respect the relationship of the site to the adjoining Sunrise Beach residential neighbourhood, Tyagarah Nature Reserve, Cape Byron Marine Park and Belongil Beach.

 

Areas of natural vegetation and important wildlife habitats will be retained, protected and managed to maintain and enhance their biodiversity values. Wildlife corridors that facilitate the movement and dispersal of native species between Tyagarah Nature Reserve and significant areas of native vegetation on and beyond the site will be enhanced.

 

To ensure protection of native fauna species, no cats or dogs will be kept on, or brought to or through the site.

 

The areas that are subject to potential coastal processes will be managed in a way that ensures protection of the natural dunal and hind-dune systems. Development will be cognisant of coastal processes and will not be designed or located so as to create demands for protection from coastal erosion.

 

Public pedestrian access to the beach will be provided and situated so as to avoid the shorebird nesting area and to respect coastal and dune system processes.

 

Public car parking and cycle racks will be provided within the Bayshore Drive road reserve for beach users not accommodated on the site.

 

E5.7.4          Planning Principles

 

The desired future character shall also reflect the following planning principles:

 

1.     Transport, Access and Parking

a)    There is no significant increase in stress on the Byron Bay community in terms of access to transport infrastructure, and in particular, transport time, parking availability, traffic congestion or access to local services.

b)    Additional demand on existing transport infrastructure and networks is addressed.

c)    Pedestrian, bicycle and alternative transport systems (including bus and rail where feasible) connect the site to local community facilities, reducing dependence on car use.

d)    Access infrastructure avoids locations of ecological or conservation value.

e)    A public road is provided through the site and includes provision of a public car parking area.

2.     Land Use

a)    A mix of tourist, commercial /retail, community, recreational, environmental /conservation and open space uses is provided.

b)    Land uses recognise, protect and enhance conservation values and coastal processes.

c)    New development reflects the unique character and scale of Byron Bay.

d)    The design and arrangement of buildings discourages permanent residential occupation.

3.     Tourist Development

a)    The type and amount of permissible development reflects the environmental, social and economic capacity of the site and Byron Bay.

b)    Areas of high environmental value or cultural significance are left largely undeveloped and protected for present and future generations.

c)    Natural, landscape, archaeological and cultural features are protected and enhanced.

d)    Low-rise accommodation units will be the basis of any tourist accommodation, with central resort facilities incorporating a function centre.

e)    Public access is provided to the beach.

4.     Conservation and Habitat Protection

a)    Sensitive areas are protected and enhanced.

b)    Only those areas with low ecological value are used for tourism purposes.

c)    The State and Regional significance of existing wildlife corridor values of the site are protected and enhanced.

d)    The habitats of threatened or endangered terrestrial and aquatic species are protected and enhanced.

5.     Coastal Processes and Environmental Hazards

a)    Structures and facilities are designed and located to account for climate change including potential sea level rise, storm tide, flooding and other associated impacts.

b)    Buildings and activities are located away from areas of active coastal processes.

c)    The natural topography and physical features of the coastal dune system are protected and managed.

d)    Emergency evacuation routes are provided for flood events, including those rarer than 1% AEP.

e)    Community services and facilities are located outside areas of coastal or other natural hazards.

 

E5.7.5          Achieving the Desired Future Character

 

The Desired Future Character of the site set out in Section E5.7.3 is to be achieved by:

a)    Defining particular Precincts and Areas within the site;

b)    Specifying Principles that must apply to development of the site;

c)    Specifying the type, character, form and nature of development that will be permitted within each of the Precincts; and

d)    Specifying specific environmental management and environmental repair measures that must apply as a consequence of development on the site.

Map E5.4 North Byron Beach Resort Precinct Map defines the following Precincts and Areas on the site:

·    Precinct 1 Developable Area Low Density Precinct.

·    Precinct 2 Developable Area Higher Density Precinct.

·    Precinct C Western Wetland and Heath Precinct.

·    Precinct D South-western Wildlife Corridor Precinct.

·    Precinct E Eastern Wetland and Littoral Rainforest Precinct.

·    Bush Fire Asset Protection Zone (APZ) Areas.

·    Waterbody Areas within Precincts 1 and 2.

 

E5.7.6          Development Applications and Site Concept Plan

 

Objectives

1.     To ensure that development approved on land within the site will be consistent with the objectives, desired future character, principles and provisions of Section E5.7.

2.     To ensure that individual developments approved on land within the site will be consistent with existing and potential future approved development.

 

Performance Criteria

There are no Performance Criteria.

 

Prescriptive Measures

1.       The Consent Authority will grant consent to development on the site only if it is satisfied that:

a)    the proposed development will be consistent with the Objectives, Desired Future Character, Principles and relevant provisions defined by Section E5.7; and

b)    the proposed development will not jeopardise the achievement of the Objectives, Desired Future Character, Principles and relevant provisions defined by Section E5.7 for other approved or potential future development on the site.

2.       Development applications that propose development of only part of the site must be accompanied by a Site Concept Plan that demonstrates that the proposed development will be compatible with the longer term development of the site in a manner that can achieve the Objectives, Desired Future Character, Principles and relevant provisions defined by Section E5.7.

3.       Development applications proposing development of all or a significant part of the site must contain the following supporting management plan/s:

a)    Biodiversity Conservation Management Plan addressing the following specific matters:

i)      Conservation, restoration and management of native vegetation, wildlife corridors and buffers.

ii)     Staged removal of weed species.

iii)    Buffers around waterbodies.

iv)    Rehabilitation and revegetation of walking tracks through the littoral rainforest in Precinct E (where applicable).

v)    Revegetation and restoration opportunities within Precinct D to enhance the operation of the wildlife corridor between the Belongil Creek estuary and the Tyagarah Nature Reserve

vi)    Shorebird and seabird management strategies (where relevant)

b)    Landscaping and landscape management.

c)    Control and management of biting insects including mosquitoes, consistent with the requirements of Chapter B7 Mosquitoes and Biting Midges.

d)    Water cycle management.

e)    Dune management (where relevant)

f)     An environmental education strategy to inform visitors and the general public of the environmental sensitivity of the site and the locality. The strategy must include mechanisms to encourage avoidance of the shorebird nesting area and prevention of dogs and cats being kept on or brought to the site.

 

Note: Further details of matters to be included in the abovementioned plans may be found in the provisions below.

 

E5.7.7          Conservation Areas and Corridors

 

E5.7.7.1           Western Wetland and Heath Precinct C

 

Objectives

1.     To facilitate sensitively designed and managed low intensity tourism uses.

2.     To identify, protect and restore endangered ecological communities.

3.     To protect the paperbark and eucalypt/Lophostemon-dominated swamp forest and woodland and dry sclerophyll woodland vegetation by restoration together with revegetation of buffering vegetation.

4.     To provide protection for the open freshwater habitat by revegetation of buffering vegetation.

5.     To focus environmental repair and protection measures on the habitats of native fauna species (particularly threatened species).

6.     To protect and enhance wildlife corridor values on the site and in the general locality.

 

Performance Criteria

1.       Development in this precinct should incorporate revegetation and/or restoration works based on the following outcomes:

a)    Restoration of the swamp sclerophyll vegetation must achieve regeneration of the understorey layers (particularly along the eastern edge) and must minimise habitat and breeding opportunities for invasive fauna species (e.g. cane toad, red fox).

b)    Revegetation of a buffer to the eastern edge of the paperbark and mixed swamp sclerophyll forest vegetation must incorporate local swamp sclerophyll tree species planted at spacings designed to achieve a closed canopy and extend fully to meet the north-eastern boundaries of other precincts and/or adjoining land not subject to this DCP.

c)    Revegetation of a buffer to the open freshwater habitat must incorporate local sedge and swamp sclerophyll species planted at a suitable density to maintain water quality and disadvantage access by the cane toad.

2.       Development in this precinct is designed, sited and managed to avoid any adverse impacts on native vegetation or the native fauna that relies on such vegetation as habitat (whether for food, shelter or breeding).

 

Prescriptive Measures

There are no Prescriptive Measures.

 

E5.7.7.2           Southern Wildlife Corridor Precinct D

 

Objectives

1.     To facilitate sensitively designed and managed low intensity tourism uses.

2.     To identify, protect and restore endangered ecological communities and other high environmental value vegetation and habitats.

3.     To protect koala habitat and enhance connectivity of koala populations

4.     To focus environmental repair and protection on the habitats of native fauna species (particularly threatened species).

 

Performance Criteria

1.       Development in this precinct should incorporate revegetation and/or restoration works based on the following outcomes:

a)    Restoration and revegetation of the regenerating littoral rainforest vegetation must involve staged removal of weed species that provide food resources for frugivores, such as Camphor Laurel and Queensland Umbrella Tree, and incorporate a replacement planting program using native tree species attractive to frugivores such as figs, laurels, quandongs and acronychias.

b)    Revegetation of a buffer to the eastern edge of the littoral rainforest and swamp sclerophyll vegetation must incorporate local littoral rainforest and swamp sclerophyll tree species and aim to achieve a closed canopy.

c)    Revegetation of a buffer to the northern section of the dry sclerophyll forest must incorporate local dry sclerophyll forest tree species.

d)    Provision must be made for safe fauna crossing of the road in the corridor between Precinct D and adjoining land to the west.

2.       Development in this precinct should be designed, sited and managed to maximise opportunities for establishment and/or enhancement of the wildlife corridor between the Belongil Creek estuary and the Tyagarah Nature Reserve and to avoid any adverse impacts on native vegetation or native fauna that relies on such vegetation as habitat (whether for food, shelter or breeding).

 


Prescriptive Measures

A Biodiversity Conservation Management Plan submitted in accordance with Section E5.7.6 must identify opportunities for revegetation and restoration within Precinct D (including any proposed works) to enhance the operation of the wildlife corridor between the Belongil Creek estuary and the Tyagarah Nature Reserve.

 

E5.7.7.3           Eastern Wetland and Littoral Rainforest Precinct E

 

Objectives

1.     To facilitate sensitively designed and managed low intensity tourism uses.

2.     To identify, protect and restore endangered ecological communities and other high environmental value vegetation and habitats.

3.     To protect the littoral rainforest and regenerating littoral rainforest, paperbark swamp forest and woodland and saltmarsh vegetation by restoration and revegetation.

4.     To focus environmental repair and protection on the littoral rainforest and saltmarsh communities and the habitats of native fauna species (particularly threatened species).

5.     To reconnect the littoral rainforest vegetation with other areas of littoral rainforest occurring in the locality.

6.     To establish an effective habitat connection with Precinct D, the Southwestern Wildlife Corridor by consolidation of the littoral rainforest link through the regenerating littoral rainforest vegetation in the southwestern section of the precinct.

 

Performance Criteria

1.       Development in this precinct should incorporate revegetation and/or restoration works based on the following outcomes:

a)    Restoration of the littoral rainforest and regenerating littoral rainforest vegetation must involve staged removal of weed species that provide food resources for frugivores, such as Camphor Laurel and Queensland Umbrella Tree, and incorporate a replacement planting program using native tree species attractive to frugivores such as figs, laurels, quandongs and acronychias.

b)    Revegetation of the regenerating littoral rainforest and a buffer to the western edge of the littoral rainforest must incorporate locally indigenous littoral rainforest and swamp sclerophyll tree species and aim to achieve a closed canopy.

c)    Revegetation of the regenerating littoral rainforest should initially focus on consolidating the corridor link in the south-western section of Precinct E where it abuts Precinct D, the South-western Wildlife Corridor.

d)    Closing and rehabilitation of existing walking tracks through the Precinct.

2.       Development in this precinct is designed, sited and managed to avoid any adverse impacts on native vegetation or the native fauna that relies on such vegetation as habitat (whether for food, shelter or breeding).

 

Prescriptive Measures

A Biodiversity Conservation Management Plan (submitted in accordance with E5.7.6 with a Development Application and Site Concept Plan) must identify the existing walking tracks to be closed and rehabilitated (including the approach to such rehabilitation).

E5.7.8          Buffers and Hazards

 

E5.7.8.1           Bush Fire Asset Protection Zones

 

Objectives

1.     To provide for an Asset Protection Zone (APZ) to minimise the impacts of bushfires.

2.     To establish a buffer to minimise impacts of development and associated bush fire protection measures on adjoining native vegetation, revegetation areas and wildlife habitats.

 

Performance Criteria

1.       Bushfire hazards must be managed in accordance with Planning for Bushfire Protection (2006) or its successor.

2.       Habitat revegetation and rehabilitation must be undertaken consistent with bush fire management requirements.

 

Prescriptive Measures

1.       An Outer Protection Area of sufficient width is to be established generally as depicted by the Asset Protection Zones on the Precinct Map (Map E5.4) to act both as a fuel reduced hazard reduction area and a buffer between any development and native vegetation.

2.       Where consistent with bush fire protection measures, appropriate plantings or regeneration of native species will be encouraged in this area so as to reduce the exposure of the adjoining vegetation to wind, noise, light, pollution or other detrimental factors and to provide additional resources and benefits to fauna.

3.       No development or works other than bush fire protection and revegetation or landscaping is to occur in the Outer Protection Area.

4.       Development comprising walking or cycle tracks, access roads, drainage, environmental facilities or recreation areas may be carried out in other parts of the defined Asset Protection Zones, provided that development or work does not compromise the Objectives of adjoining Precincts.

5.       No habitable structures or storage structures may be constructed within the defined Asset Protection Zones.

 

E5.7.8.2           Water Body Buffers

 

Objectives

1.     To revegetate buffers around waterbodies with appropriate local native species.

2.     To reduce cane toad impacts, provide cover refuge for water fowl and improve wildlife habitat and water quality.

 

Performance Criteria

1.       Vegetated buffers should be provided around all waterbodies to disadvantage cane toads and to improve wildlife habitat and water quality.

2.       Dense plantings of local sedges and rushes should be undertaken around the edges of waterbodies to minimise opportunities for cane toad habitat.

Prescriptive Measures

1.       Plantings must comprise a suite of locally indigenous species comparable with the surrounding indigenous vegetation.

2.       All planting and buffers around waterbodies must be designed to disadvantage cane toads and to improve wildlife habitat and water quality.

3.       Plans for revegetation of buffers around waterbodies within C, D, and E must be included in the Biodiversity Conservation Management Plan prepared in accordance with this Section.

 

E5.7.8.3           Mosquito Management

 

Objectives

1.     To manage potential risks from mosquito borne diseases.

 

Performance Criteria

There are no Performance Criteria.

 

Prescriptive Measures

Development applications must include provision for management of mosquitoes and sandflies consistent with Chapter B7 Mosquitoes and Biting Midges.

 

E5.7.9          The Developable Area

 

E5.7.9.1           Built Form

 

Objectives

1.     To ensure that development on the site achieves relevant standards that apply to development generally within Byron Shire, provides acceptable levels of daylight and ventilation, provides appropriate levels of visual and acoustic amenity, respects local climate and achieves an acceptable micro-climate.

2.     To provide variety in the visual amenity of development and avoid a monotonous and excessively uniform appearance.

 

Performance Criteria

1.       Buildings will vary in size, design and appearance, density and height throughout and be responsive to the environmental and climatic context of the site.  Buildings range from low density detached and single storey built form around the perimeter to a higher density and more consolidated built form at the centre of Precinct 2.

2.       Accommodation units are to be designed having regard to the NSW Government’s North Coast Urban Design Guidelines and Coastal Design Guidelines for NSW and avoid masonry construction with small eaves.

 

Prescriptive Measures

1.       Tourist accommodation development must comply with the requirements of Chapter D3 Tourist Accommodation.

2.       All traffic, access and parking provision on the site must comply with the provisions of Chapter B4 Traffic Planning, Vehicle Parking, Circulation and Access.

3.       Development on land below the Flood Planning Level must comply with the provisions of Chapter C2 Areas Affected by Flood.

4.       Signage on the site must comply with the provisions of Chapter B10 Signage.

5.       The placement and design of development must ensure that buildings, private open space and public spaces will have:

a)    access to daylight;

b)    access to natural ventilation;

c)    appropriate levels of visual and acoustic privacy; and

d)    a pleasant micro-climate.

 

E5.7.9.2           Low Density Perimeter (Precinct 1)

 

Objectives

1.     To facilitate development of tourist and visitor accommodation on land adjoining conservation areas and habitat corridors at a density, and in a form and character that ensure that the conservation values of the adjoining lands are not compromised.

 

Performance Criteria

1.      Development within Precinct 1 will consist of tourist and visitor accommodation units at low densities in a landscaped area of grasses and local native species, consistent with the Desired Future Character Statement in Section E5.7.3 and the Objectives of this section. 

 

2.      Buildings in Precinct 1 shall be low-scale, use materials that are light weight in appearance and have a gross floor area less than, and a function secondary to, buildings in the Central Development Area (Precinct 2).

 

3.      Landscaping will enhance amenity and be appropriate to its location adjoining conservation areas and habitat corridors.

 

Prescriptive Measures

1.       No single tourist and visitor accommodation unit should have a gross floor area greater than 80m2 or more than 3 bedrooms.

 

E5.7.9.3           Central Development Area (Precinct 2)

 

Objectives

1.     To facilitate development of a range of tourist and visitor accommodation including a function centre, shops, restaurants and cafes and related facilities in Precinct 2 designed and located to maximise convenience to potential users and to minimise adverse impacts on the amenity of persons utilising tourist accommodation on the site.

2.     To promote flexibility and innovation in design and form of development within Precinct 2.

 

Performance Criteria

1.       The development of facilities and services that provide for the recreational, cultural and social needs of both tourists and residents of Byron Shire is encouraged in Precinct 2.

2.       Development other than tourist accommodation should be:

a)    clustered together in a focal area in Precinct 2;

b)    be located to minimise adverse impacts on the amenity and quiet enjoyment of tourist accommodation on the site.

 

Prescriptive Measures

There are no prescriptive measures

 

E5.7.9.4           Drainage and Water Cycle Management

 

Objectives

1.     To ensure that management of surface water and ground water on the site is consistent with the principles of Integrated Water Cycle management and Water Sensitive Urban Design.

2.     To protect the site’s sensitive geophysical environment.

 

Performance Criteria

1.       Water cycle and drainage design on the site must incorporate water sensitive urban design principles such as stormwater source control, stormwater and wastewater re-use, potable water demand reduction, the utilisation of natural flow paths and provision of drainage measures with pervious surfaces.  It must also address flooding impacts in accordance with the requirements of Chapter C2 Areas Affected by Flood.

2.       The site’s water cycle must be designed to utilise natural processes, systems and storage.  The design must apply reuse principles to reduce the quantities, velocities and pollutant loads of stormwater discharged from developed areas, improve the efficiency of water use and reduce demand for imported mains water.

3.       The system must be designed to install a continuous chain of treatment elements (“treatment chain”) that address not only flooding impacts, but also flow volumes, water quality, water conservation and ecological impacts arising from processes such as flooding and fluctuations in the water table.  A development application for development on the site must contain a comprehensive Water Cycle Management Strategy.  The Strategy must address the principles of water sensitive urban design and treatment system maintenance.

4.       All excavation must be carried out above the existing water table and in a way that does not change the natural characteristics of the water table.

5.       No building elements, parking or storage areas shall be constructed below the level of the natural water table.

 

Prescriptive Measures

1.       All drainage and water cycle management measures must comply with the requirements of Chapter B3 Services.  Flooding issues and impacts must be addressed in accordance with the requirements of Chapter C2 Areas Affected by Flood.

2.       A comprehensive assessment of the contaminants in groundwaters and waterbodies must be undertaken, specifically focusing on heavy metals and arsenic.  Causes of any contamination and appropriate mitigation measures must be identified. Waterbodies found to be unsafe for human use must be clearly signposted.


E5.7.9.5           Landscape

 

Objectives

1.     To provide a development landscaped with locally indigenous species.

2.     To ensure that the landscape of the site is harmonious with the natural environment and respects and protects the sensitive character of its setting.

 

Performance Criteria

1.       Precincts C, D, and E must be rehabilitated, landscaped and managed in accordance with the requirements identified in this Section.

2.       The landscape of the developed areas must be designed to reinforce protect and enhance the spread of the indigenous tree canopy and preserve existing waterways.

3.       Landscaping in Precincts 1 and 2 must be characterized by only locally indigenous tree and shrub species and grassed areas, and must not include species that have the potential to be environmental weeds.

4.       Landscaping must be designed, constructed and maintained so as to:

a)    Retain and rehabilitate natural watercourses, native riparian vegetation and other natural landscape features;

b)    Promote natural water balance;

c)    Take into account site constraints, hazards and microclimatic conditions;

d)    Promote efficient water use;

e)    Provide for the removal of pollutants prior to the discharge of runoff to receiving waters; and

f)     Minimise the need to use herbicides and artificial fertilizers.

 

Prescriptive Measures

1.       A landscape plan prepared in accordance with the requirements of Chapter B9 Landscaping must be submitted with a development application proposing development of all or part of the site for tourist accommodation or other ancillary or associated tourist development.

2.       Plants known or with the potential to become weed species must not be used.

3.       Landscaping must use locally indigenous native tree and shrub species, and must prefer local provenance seed sources.

 

E5.7.9.6           Tourism Management

 

Objectives

1.     To ensure that development will be operated and managed as tourist and visitor accommodation and that these facilities are not used for permanent residential occupation.

Performance Criteria

A development application must identify controls on the proposed development that ensure to the Council’s satisfaction that tourist and visitor accommodation will not be utilised for residential purposes.

 


Prescriptive Measures

There are no Prescriptive Measures.

 

E5.7.10       Environmental Management and Repair

 

E5.7.10.1         Beach Access

 

Objectives

1.     To provide for legal public access to the beach.

2.     To limit human impacts on the shorebird nesting area, dunes, Aboriginal sites, vegetation and adjacent reserves.

 

Performance Criteria

1.       The siting and design of the road, pedestrian and cycle access across the site for tourists and the general public must be consistent with the Section Objective of the Precinct(s) through which it travels and must be located so as to promote safety and convenience for users.

2.       Provision must be made in a convenient location on the Bayshore Drive road reserve for public parking and for safe bicycle storage, primarily to accommodate beach parking for Shire residents.  The location of the parking and cycle storage areas must be such that people are encouraged to use the existing beach access track and are discouraged from crossing the dunes elsewhere.  The location and design of the parking facilities must be consistent with the Section Objective of the Precinct(s) in which they are located and must have regard for water cycle management, coastal processes, vegetation management, erosion management and maintenance.

3.       Signage must be provided to inform people of the location of the shorebird nesting area, the need to avoid the shorebird area during the breeding season, the need to respect and avoid turtle nesting sites, the location of the Tyagarah Nature Reserve, and zonings, and associated restrictions on activities, of the Cape Byron Marine Park in the vicinity.

4.       All facilities referred to in this Section must be designed and constructed to avoid damage to any Aboriginal sites, littoral rainforest or threatened plants, and so as not to hinder the movement of wildlife due to inappropriate fencing or other structures.

5.       Full details of the proposed works, environmental management measures and maintenance measures described above must be included with the Development Application for the first stage of development on the site.

 

Prescriptive Measures

There are no Prescriptive Measures.

 

E5.7.10.2         Environmental Management

 

Objectives

1.     To ensure the preparation of appropriate environmental management plans for the conservation precincts on the site.

2.     To ensure the preparation of a Biodiversity Conservation Management Plan to protect and enhance high value native vegetation, to consolidate vegetation boundaries and reduce edge effects, to control and where possible eliminate environmental weeds, to enhance habitat values and to revegetate and consolidate wildlife corridors.

3.     To ensure the preparation of strategies for Seabird and Shorebird Management (where relevant) to enhance the breeding success of seabirds and shorebirds and to manage impacts of human activities, foxes and dogs on their habitat.

4.     To ensure the preparation of a Dune Management Plan (where relevant) to protect and enhance natural coastal dune vegetation, to control the impact of development on dune stability and to maintain coastal processes.

5.     To identify and ameliorate Key Threatening Processes.

 

Performance Criteria

Development applications must include management strategies to address Key Threatening Processes under the Threatened Species Conservation Act 1995, including specified measures to reduce the distribution and abundance of species identified as a Key Threatening Process.

 

Prescriptive Measures

1.       Where relevant strategies for Dune Management and Seabird and Shorebird Management (included in the Biodiversity Conservation Management Plan) must be submitted for approval by Council in conjunction with the first stage of any tourist, recreational, accommodation or related development on the site.  These management strategies/management plans must be developed in consultation with the relevant Government Agencies and Byron Shire Council.

2.       Plantings must be of locally indigenous species of local provenance seed stock, and comprise a suite of species compatible with the surrounding indigenous vegetation.

3.       No cats or dogs are to be kept on, or brought to or through the site.

 


Map E5.4 – North Byron Beach Resort Precinct Map

 


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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[5]

Nature of the land that is subject to a change in zone/planning control by the proposed LEP (the subject land)[6]

[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]

 


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[7]

Nature of the land that is subject to a change in zone/planning control by the proposed LEP (the subject land)[8]

[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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ATTACHMENT 1 – DRAFT PLANNING CONTROLS FOR SHORT TERM RENTAL ACCOMMODATION

 

(1)     Insert a new definition of short-term rental accommodation into the LEP 2014 dictionary as follows:

 

short-term rental accommodation means an existing dwelling—

 

(a)     that is lawfully used by the owner, tenant or permanent resident of the dwelling (the host) to provide accommodation on a commercial basis for a temporary or short-term period, with or without the host residing on the premises during that period, and

 

(b)     that, if it were used predominantly as a place of residence, would be one of the following types of residential accommodation—

 

(i)         an attached dwelling,

(ii)        a dual occupancy,

(iii)       a dwelling house,

(iv)       multi dwelling housing,

(v)        a residential flat building,

(vi)       a rural workers’ dwelling,

(vii)      a secondary dwelling,

(viii)     a semi-detached dwelling,

(ix)       shop top housing

 

non-hosted short-term rental accommodation means short-term rental accommodation provided where the host does not reside on the premises during the provision of the accommodation.

 

hosted short-term rental accommodation means short-term rental accommodation provided where the host resides on the premises during the provision of the accommodation.

 

(2)     Insert a new mapping overlay, known as the Short Term Rental Accommodation Map, that will identify the maximum number of days for short term rental accommodation in different locations.

 

The map will identify:

 

o   Zero (0) days for Council owned and/or managed lands and ‘urban release area land’ identified in a State Government and or Council strategy or planning instrument;

o   365 days per year in certain areas identified as suitable for tourism;

o   90 days per calendar year in the remaining parts of the Shire.

 

(3)     Insert an enabling clause into Part 4 of LEP 2014 that will make the Short Term Rental Accommodation Map a development standard. Maximum occupancy levels for dwellings being used for short term rental accommodation will also be specified.

 

(4)     A new local clause under Part 6 of the LEP to set out the aims and objectives and matters to be considered when assessing a development application for short-term rental accommodation.

 

(5)     Insert a new clause into Schedule 2 of Byron LEP 2014 that will allow hosted and non-hosted short term rental accommodation as exempt development in the following circumstances:

 

Hosted accommodation allowed 365 days per year;

Non-hosted accommodation limited to 90 days per year;

Non-hosted accommodation not permitted on bush fire prone land or flood prone land;

The dwelling must not be a (or be part of), a group home, a hostel, seniors housing, an eco tourist facility, tourist and visitor accommodation, a camping ground, caravan park or a moveable dwelling.

The dwelling must not be approved under the Affordable Rental Housing State Environmental Planning Policy 2008.  

Occupancy limited to 2 persons per bedroom, up to a maximum of 12 persons in total, whichever is the lesser;

Requires property to be included on a Council register of short term rental accommodation

Requires compliance with fire safety standards under the BCA and EP&A regulations.

Requires an A3 sign to be placed at the front of the property advising the public of the landowners or property manager’s details to enable complaints to be made and wording to advise that the property is registered with Byron Shire Council.

Minimum requirement for car parking of 1 space for a two bedroom dwelling and two carparks for a dwelling with three bedrooms or more.

Dwellings not connected to reticulated sewer must be serviced by an approved on-site waste water management system with a current approval to operate.

 


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DA 10.2017.402.4 – MODIFIED CONDITIONS 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:

1002-DA62

Subdivision Layout Plan

CivilTech

 

06.09.19

Issue F

1002-OSP3

Overall Site Plan & Stage 6 Residue

CivilTech

15.11.17

Issue A

1002-DA63

Bulk Earthworks and Cut / Fill Depth Plan

CivilTech

06.11.17

Issue C

100-DA65

Stormwater Drainage

CivilTech

04.12.17

Issue C

1002-DA66

Lorikeet Lane Long & Typical Section

CivilTech

06.11.17

Issue C

1002-MO11

External Stormwater Drainage Plan

CivilTech

 

08.10.19

Issue B

1002-MO12

Stormwater Long Sections Lines 13 External Catchment

CivilTech

08.10.19

Issue B

1002-MO13

Typical Stormwater Pit Details from AUS Pits

CivilTech

19.08.19

Issue A

Figure 3

Stage 1 to Stage 6 Catchment Areas

CivilTech

-

-

Acid Sulfate Soil Management Plan

ENV Solutions

September 2018

-

Rehabilitation Areas Plan

-

November 2019

 

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

 

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

 

 

 

 

 

3

Biodiversity Conservation Management Plan

The revised and approved Biodiversity Conservation Management Plan for Lot 94 DP1216681, Tallowood Ridge, Mullumbimby NSW prepared by Wetland care Australia; revised and updated by EnviTE Environment August 2016 with Planting Schedule for Management Zone 5 revised November 2016, must be further updated to detail the:

·    Location of the stormwater and water main within management zone 5 (MZ5) and

·    Addition of Management Zone 11 (MZ11) in accordance with the plan identified as “Rehabilitation Areas Plan dated November 2019” being an area between management zone 9 and management one 7b of at least 2500m2 in area and comprising of an open woodland community comprising of native indigenous trees and shrubs and groundcovers providing connectivity with MZ7b and MZ9.

·    Timing of MZ 11 to occur with the future stage adjoining Stage 7

 

At a minimum, the following sections of the Plan must be updated to reflect the changes to management zone detailed above:

a)        Figure 6: Tallowood Ridge Development Stages (2016) Rehabilitation and Development Areas (2016) and Management Zones;

b)        Figure 15: Management Zones at Tallowood Ridge;

c)        Section 5.3 Ecological Restoration Framework;

d)        Section 6.2 Fencing;

e)        Section 7 Implementation, including implementation timetable;

f)         Section 8 Performance Criteria;

g)        Section 9 Monitoring and Evaluation; and

h)        Appendix 9 – Habitat Restoration Techniques (Planting Plan) – Planting List for Management Zone 5 – Area 19,492m2.

 

The updated Biodiversity Conservation Management Plan must be submitted to Council and approved prior to the issue of the subdivision certificate for the site.

 

Works are to be undertaken in accordance with the subsequently updated and approved Biodiversity Conservation Management Plan.

 

 

 

 

 

7.

Engineering Construction Plans

Three (3) copies of engineering construction plans and specifications must accompany the construction certificate application demonstrating compliance with Council's standards for the required engineering works. Each set of drawings shall be accompanied by a Certification Report which must be signed by a suitably qualified Civil Engineer or Registered Surveyor. The Certification Report will comprise the certificate and check lists set out in Annexure DQS-A of the Northern Rivers Local Government Development & Design Manuals. The information shown on the drawings shall be logically collected on discrete sheets generally in accordance with Annexure DQS-B and the Sample Drawings of the Northern Rivers Local Government Development & Designs. The drawings are to provide for the following works:

 

a)      Kerb & Gutter, Road Shoulder Construction

Kerb and gutter, road shoulder and associated drainage construction, footpath formation including any necessary relocation of services across the frontage of the subdivision.

 

b)      Full Width Road Construction

Full width road and drainage construction for all proposed roads on the approved plan.

 

c)      Access Track Construction

Minimum 4m wide access track construction for the access track adjacent to the stormwater bio-basin on the approved plan.

 

d)      Access Handle

A three (3) metre wide reinforced concrete driveway (or equivalent), together with all necessary services/service conduits (water, sewer, telephone, power, stormwater) within the access handle of proposed Lot(s) 133 and 134.

 

e)      Stripping and Stockpiling

Stripping and stockpiling of existing topsoil on site, prior to commencement of earthworks, and the subsequent re-spreading of this material together with a sufficient quantity of imported topsoil so as to provide a minimum thickness of 80mm over the allotments and footpaths and public reserves, upon completion of the development works.

 

f)       Stormwater Drainage

Stormwater is to be collected and discharged in accordance with Council’s standards, currently Northern Rivers Local Government Development Design & Construction Manuals. A full and detailed stormwater management plan for the site must be provided for Council's records at the time of lodging detailed engineering plans for construction certificate approval. The drawings and management plan shall be accompanied by a Design Submission Checklist as set out in APPENDIX C of the Northern Rivers Local Government Handbook of Stormwater Drainage Design, which must be signed by a suitably qualified Civil Engineer or Registered Surveyor. The drawings and management plan are to include, but not be limited to, the following items:

 

i.        Catchment plan (included in the drawing set);

ii.       Hydrological and hydraulic calculations based on the methods outlined in the Queensland Urban Design Manual (QUDM) and Australian Rainfall & Runoff (AR&R) 1987. A summary of the calculations must be included on the drawings consistent with the Sample Drawings of the Northern Rivers Local Government Development & Design Manuals.

iii.      Stormwater detention/retention, designed so that the peak flow from the proposed development for the 5, 10, 20, 50 and 100 year ARI events, for durations from 5 minutes to 3 hours, does not exceed the existing peak flow from the site i.e. post-development flows must not exceed pre-development flows.

iv.      Stormwater management structures/facilities that have minimum impact on Council’s maintenance program. All maintenance activities must be specified in a maintenance plan (and associated maintenance inspection forms) to be developed as part of the design procedure and included in the stormwater management plan.

v.       The development must accept the external catchment of 8.17ha northwest of the development. The system must be designed to cater for a Q100 Year ARI. The design shall generally be in accordance with CivilTech drawing MO11, MO12 and MO13. The system must be contained in an easement.

 

g)      Stormwater Outlets

An energy dissipating pit with a suitably installed locked grated outlet to all pipes or any other drainage structures. Grates must be of galvanised weldlock construction.

 

h)      Stormwater Quality

Stormwater quality must be suitable for discharge in accordance with Council's standards, currently Chapter 1: Part N - Stormwater Management of Development Control Plan 2010 and Northern Rivers Local Government Development Design & Construction Manuals. The proposed water quality management devices and treatment train must have minimum impact on Council’s maintenance program. All maintenance activities must be specified in a maintenance plan (and associated maintenance inspection forms) to be developed as part of the design procedure and submitted with the construction certificate documentation.

 

i)       Access to Stormwater Structures

Satisfactory access to all drainage discharge points and filter controls for maintenance purposes.

 

 

 

 

 

31A.

Preservation of Tallowwood tree on Proposed Lot 130

The final plan of subdivision and accompanying Section 88B Instrument are to provide for dedication of proposed Lot 130 to Council as public reserve.

 

Note: The local open space contributions will be updated to take into account the agreed value of Lot 130 and agreed embellishments.

 

 

 

 

45A

Certificates for engineering works

The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s current “Northern Rivers Local Government Design and Construction Manuals and Specifications”.

 

 

 

 

SCHEDULE 3                  INTEGRATED DEVELOPMENT APPROVAL – NSW RURAL FIRE SERVICE

 

 

General Terms of Approval are now re-issued, 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:

 

General Conditions

 

1.      The development proposal is to comply with the subdivision layout identified on the drawing titled ‘Subdivision Layout Plan’ prepared by CivilTech, numbered 1002-DA62 (Issue F), dated 6 September 2019, except as modified by the following conditions:

 

Asset Protection Zones

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

 

2.       At the issue of subdivision certificate and in perpetuity, the entire area of all residential lots shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

3.       A restriction to the land use pursuant to section 88B of the Conveyancing Act 1919 shall be placed over Lots 128, 129, 133, 134 and 136 to 145 (inclusive) to prohibit the construction of a dwelling or Class 10 building within 10 metres of a dwelling, in the area identified as APZ (asset protection zone) on the plan titled ‘Subdivision Layout Plan’ prepared by CivilTech, numbered 1002-DA62 (Issue F), dated 6 September 2019.

 

Access – Public Roads

The intent of measures is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area. To achieve this, the following conditions shall apply:

 

4.       Public road access shall comply with section 4.1.3 (1) of 'Planning for Bush Fire Protection 2006', except that:

• a perimeter road is not required; and

• the dead end road may be greater than 200 metres.

 

Access – Property Access

The intent of measures 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:

 

5.       A restriction to the land use pursuant to section 88B of the Conveyancing Act 1919 shall be placed over Lots 128, 133, 134 and 136 to 145 (inclusive) requiring pedestrian access to be maintained to the rear of the lots for fire fighting activities.

 

Water and Utility Services

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:

 

6.       Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

 

Landscaping Assessment

The intent of measures is for landscaping. To achieve this, the following conditions shall apply:

 

7.       Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

 

General Advice – Consent Authority to Note

Asset protection zone distance calculations for certain perimeter lots have been based on site specific modelling of potential bush fire impacts provided by Bushfire Certifiers. Some of these lots may not have a building envelope able to meet the deemed-to-satisfy separation distances for BAL 29 under AS3959-2009. In these circumstances, future proposals for complying development may be affected and any application for development on the land may be required to provided site specific modelling of potential bush fire impacts to demonstrate the ability to comply with ‘Planning for Bush Fire Protection 2006’.

 

 

Water payments under the Water Management Act 2000

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

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

Water

17.20 ET

Sewer

17.00 ET

 

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

 

 

 


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Minutes of Meeting

 

 

 

 

 

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Audit, Risk and Improvement Committee Meeting

 

 

 

Venue

Meeting Room 1, Station Street, Mullumbimby

Date

Thursday, 14 November 2019

Time

11:30am

 

 

 

 

 

 

 

 


 

Minutes of the Audit, Risk and Improvement Committee Meeting held on Thursday, 14 November 2019

File No: I2019/2032

 

PRESENT:   Cr M Lyon, Cr B Cameron, Cr A Hunter

 

Staff:   Mark Arnold (General Manager)

            Vanessa Adams (Director Corporate and Community Services)

            Esmerelda Davis  (A/Manager Corporate)
James Brickley (Manager Finance)

            Emma Fountain (Strategic Risk and Business Continuity Coordinator)

            Heather Sills (Governance Officer)

 

Community: Michael Georghiou (Chairperson), Brian Wilkinson, Rae Wills

 

Internal Auditor: Cathy Blunt (OCM) via telephone for items 5.2, 5.3,5.4, and 5.5

 

Michael Georghio (Chair) opened the meeting at 11:32am and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

There were no apologies.

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes from Previous Meetings

 

Committee Recommendation:

That the minutes of the Audit, Risk and Improvement Committee Meeting held on 29 August 2019 be confirmed.                                                                                                                             (Georghiou/Wilkinson)

 

The recommendation was put to the vote and declared carried.

 

Note: The minutes of the meeting held on 29 August 2019 were noted, and the Committee Recommendations adopted by Council, at the Ordinary Meeting held on 26 September 2019.

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

Staff Reports - Corporate and Community Services

Report No. 4.1             A New Risk Management and Internal Audit Framework - Discussion Paper

File No:                        I2019/1636

 

Committee Recommendation:

That the Audit Risk and Improvement Committee:

 

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

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

3.       Receives a draft submission for comment prior to the submission being made to the Office of Local Government.                                                                                                  (Hunter/Georghiou)

 

The recommendation was put to the vote and declared carried.

 

 

Report No. 4.2             2018/2019 Financial Statements

File No:                        I2019/1843

 

Committee Recommendation:

That the Audit, Risk and Improvement Committee notes the report on the 2018/2019 Financial Statements and the 2019 Audit Engagement Closing Report received from the NSW Audit Office.

                                                                                                                                    (Georghiou/Lyon)

The recommendation was put to the vote and declared carried.

   

 

Confidential Reports - Corporate and Community Services

Procedural Motion

Committee Recommendation:

1.       That pursuant to Section 10A(2)(f) of the Local Government Act, 1993, Council resolve to move into Confidential Session to discuss reports 5.1, 5.2, 5.3, 5.4, and 5.5..

2.       That the reasons for closing the meeting to the public to consider this item be that these reports contain:

a)      details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property

b)      commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it                                               (Georghiou/Cameron)

 

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.1             Confidential - Update on IT Actions

File No:                        I2019/1691

 

Committee Recommendation:

That  the Audit, Risk and Improvement Committee notes the update provided in the report.

(Georghiou/Hunter)

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.2             Confidential - Audit Progress Report - November 2019

File No:                        I2019/1841

 

Committee Recommendation:

1.       That the Audit, Risk and Improvement Committee notes the Internal Audit Activity Report – November 2019 (E2019/81972).

 

2.       That the Audit, Risk and Improvement Committee endorses the recommendation from the Executive Team to close off 12 outstanding recommendations in Appendix C of the attached report (E2019/81972) due to these actions being confirmed as complete.

 

(Georghiou/Wilkinson)

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.3             Confidential - Business Continuity and Risk Management - Update

File No:                        I2019/1853

 

Committee Recommendation:

1.       That the Audit, Risk and Improvement Committee notes this Business Continuity and Risk management update.

 

2.       That the Audit, Risk and Improvement Committee receives ongoing progress reports on the status of the Business Continuity and Risk Management blueprint                               (Georghiou/Wilkinson)

 

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.4             Confidential - Pay Parking Audit Review

File No:                        I2019/1857

 

Committee Recommendation:

1.       That the Audit, Risk and Improvement Committee notes the Pay Parking internal audit review report.

2.       That the Audit, Risk and Improvement Committee requests management to implement the recommendations made in the report identified as Confidential Attachment 1 (E2019/81748).

3.       That the report and Confidential Attachment 1 of the closed part of the meeting remain confidential                    (Georghiou/Hunter)

 

The recommendation was put to the vote and declared carried.

 

 

Report No. 5.5             Confidential - Grants Management Audit Review

File No:                        I2019/1858

 

Committee Recommendation:

1.       That the Audit, Risk and Improvement Committee notes the Grant Management internal audit review report.

 

2.   That the Audit, Risk and Improvement Committee requests management to implement the recommendations made in the report identified as Confidential Attachment 1 (E2019/81617).

                           

3.   That the report and Confidential Attachment 1 of the closed part of the meeting remain confidential                 (Georghiou/Wilkinson)

 

The recommendation was put to the vote and declared carried.

   

Procedural Motion

Committee Recommendation:

That the meeting move out of confidential session.                                            (Georghiou/Wilkinson)

 

The recommendation was put to the vote and declared carried.

 

 

There being no further business the meeting concluded at 12:50pm.


Minutes of Meeting

 

 

 

 

 

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Finance Advisory Committee Meeting

 

 

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Thursday, 14 November 2019

Time

2.00pm

 

 

 

 

 

 

 

 


 

Minutes of the Finance Advisory Committee Meeting held on Thursday, 14 November 2019

File No: I2019/2032

 

PRESENT:   Cr B Cameron, Cr A Hunter, Cr M Lyon

 

Staff:   Mark Arnold (General Manager)

            Vanessa Adams (Director Corporate and Community Services)

            James Brickley (Manager Finance)

           

 

 

Cr Cameron (Chair) opened the meeting at 2:03pm and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

Cr S Richardson, Cr P Spooner, and Cr C Coorey

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes from Previous Meetings

 

Committee Recommendation:

That the minutes of the Finance Advisory Committee Meeting held on 8 August 2019 be confirmed.

(Cameron/Lyon)

The recommendation was put to the vote and declared carried.

 

Note: The minutes of the meeting held on 8 August 2019 were noted, and the Committee Recommendations adopted by Council, at the Ordinary Meeting held on 26 September 2019.

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

Staff Reports - Corporate and Community Services

Report No. 4.1             Unrestricted Cash and Reserves at 30 June 2019

File No:                        I2019/1767

 

Committee Recommendation:

1.       That the Reserve Balances as outlined in Attachment 1 (#E2019/80264) at 30 June 2019 be noted by the Finance Advisory Committee.

 

2.       That the Unrestricted Cash Balance of $1,000,000 as at 30 June 2019 be noted by the Finance Advisory Committee.                                                                                                          (Cameron/Lyon)

 

The recommendation was put to the vote and declared carried.

 

 

 

Report No. 4.2             Quarterly Update - Implementation of Special Rate Variation

File No:                        I2019/1834

 

Committee Recommendation:

That the Finance Advisory Committee notes the quarterly update on the Special Rate Variation Implementation as at 30 September 2019.                                                                                                     (Lyon/Hunter)

 

The recommendation was put to the vote and declared carried.

 

 

Report No. 4.3             Budget Review - 1 July 2019 to 30 September 2019

File No:                        I2019/1856

 

Committee Recommendation:

That the Finance Advisory Committee recommends to Council:

1.       That Council authorises the itemised budget variations as shown in Attachment 2 (#E2019/81261) which includes the following results in the 30 September 2019 Quarterly Review of the 2019/2020 Budget:

 

a)      General Fund – $132,400 increase to the Estimated Unrestricted Cash Result

b)      General Fund - $2,564,600 decrease in reserves

c)      Water Fund - $222,500 increase in reserves

d)      Sewerage Fund - $638,200 decrease in reserves

 

2.    That Council adopts the revised General Fund Estimated Unrestricted Cash Result of $1,000,000 for the 2019/2020 financial year as at 30 September 2019.

(Cameron/Lyon)

The recommendation was put to the vote and declared carried.

     

 

 

There being no further business the meeting concluded at 3.10pm.

 


Minutes of Meeting

 

 

 

 

 

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Local Traffic Committee Meeting

 

 

 

Venue

Meeting Room 1, Mullumbimby

Date

Tuesday, 19 November 2019

Time

10:30am

Committee Members

Ian Shanahan – Roads and Maritime Services

Snr Constable Chris Davis – Police

Cr Basil Cameron

Tamara Smith MP

 

 

 

 

 

 

 

 

 


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

File No: I2019/2032

 

 

Meeting Commenced:   10:35 am

 

PRESENT:

Councillor:  Cr Basil Cameron

Roads and Maritime Services Representative: Ian Shanahan

Police:  Snr Constable Chris Davis

The Office of Tamara Smith: Kirsty Donovan, Senior Electorate Officer

Staff:  Andrew Pearce and Dominika Tomanek (Minute Taker)

 

Apologies:

 

Tamara Smith MP

Evan Elford

Matthew Kehoe

 

Visitors: Verity Wilson and Valerie Williams

Visitors left at 10:46 am

 

Declarations of Interest

There were no declarations of interest raised.

 

 

Adoption of Minutes from Previous Meetings

 

Committee Recommendation:

That the minutes of the Local Traffic Committee Meeting held on 10 September 2019 be confirmed.

(Cameron/Davis)

The recommendation was put to the vote and declared carried.

 

 

Matters Arising

 

Public access: 3 visitors came to discuss Report 6.2 regarding changes in the paid parking near Mercato.

 

Outstanding Issues/Resolutions

 

Cr Cameron requested to receive an update regarding:

-     Koala signage issues

-     Speed review in Main Arm village. RMS did review and waiting for sign off.

 

Regulatory Matters

Report No. 6.1             Event Road Closure - New Year's Eve and  New Year's Day, Byron Bay 2019/2020

File No:                        I2019/930

 

Summary

This report seeks Council’s support for the 2019 ‘Soul Street’ NYE and First Light events.

 

Soul Street

Soul Street is to be run the same as per previous years with only minor changes that are not related to regulatory items.  These minor changes include:

 

1.   The closure of Butler Street Reserve car park that was previously used as the main car park for the event.

 

2.   Increasing the number of VMS boards as a result of the Butler Street Reserve  car park closure.  Additional VMS boards are being used to encourage people arriving from Ewingsdale Road to now park in the side streets before they enter Byron Bay CBD and to encourage people arriving from the south to now park around the Rec grounds.

 

3.   The addition of mobility parking immediate adjacent to the event on Jonson St at the NE corner of Jonson St and Marvel St.

 

In regards to regulatory matters, the same road closures and detours adopted in previous years are sought for the 2019 NYE and First Sun events, to be held Monday 31 December 2019 and Tuesday 1st January 2020, respectively.

 

The TMP’s and TCP’s associated with these events are to be based on those previously approved for the 2017 and 2018 events (taking into account the above minor modifications) with first closures to take effect from 6 am on Monday 31th December with the number of closures gradually expanded as the day continues. All road closures will be lifted no later than 7am on 1 January 2020.

 

Figure 1 below shows the proposed Site Management Plan proposed for this year’s event. Figure 2 shows the Site Management Plan adopted for last years event. Figure 2 is included to show the minor non regulatory modifications made to this year’s event.  These two drawings have also been attached for greater clarity.  For this year’s Site Management Plan refer to attachment 1.

 

Figure 3 provides a summary of all the proposed road closures. In Column 1 TC refers to Traffic Controller. To identify where each Traffic Controller is proposed refer to the snippet below the table.

 

Figure 1 – 2019/20 NYE Site Management Plan

 

Figure 2 – 2018/19 NYE Site Management Plan

 

 

Figure 3 – Proposed road closures and traffic conrol

 

 

First Sun

It is proposed to make no changes from last year in the way traffic is controlled for First Sun. Figure 4 shows the proposed traffic control for this year’s event. 

 

Figure 5 shows the way traffic was controlled for last year’s event. 

 

A comparison of the two drawings shows no proposed changes from last years event. 

 

Refer to attachment 3 for a large copy of the 1st January 2019 approved TMP.

 

Figure 4 – Proposed First Sun Traffic control for 1st January 2020.

 

Figure 5 – Adopted traffic control for 1st January 2019

 

Committee Comments

Nil

Management Comments

Nil

 

Committee Recommendation:

1.       That the Local Traffic Committee supports:

 

a.       Council's temporary traffic management initiatives for the Soul Street New Year's Eve event to be held in Byron Bay and approves the temporary road closure of Jonson Street, between Lawson Street through to the car park entry at Railway Park (north of Marvell Street), from 6am on Monday 31 December 2019 and its removal by no later than 7am on the Tuesday 1 January 2020.

 

b.      Council’s temporary traffic management initiatives for the First Sun New Year’s Day event to be held in Byron Bay and approves the temporary road closure of Lighthouse Road from Brooke Road (The Pass), from 3am to 8am on Tuesday 1 January 2020.

 

2.       That the approval provided in Part 1 remain subject to Council endorsement of the event prior to implementation and is subject to the following requirements:

 

a.       traffic control plans are designed and implemented by those with the appropriate NSW (RMS) accreditation;

 

b.      advertising is undertaken in accordance with the Roads Act, including the publication of a map and explanatory notes in a local newspaper and on Council's website;

 

c.       the letterbox drop of properties adjacent to and prior of the Jonson Street closure and Bay Street, Marvell Street and Byron Street parking changes; and

 

d.      all parties involved in Council's NYE events hold, or least covered by, appropriate and relevant levels of insurance and public liability cover as required by Council.

.

(Cameron/Smith)

The recommendation was put to the vote and declared carried.

Donovan, Cameron, Davis and Shanahan voted in favour of the motion.

Nil voted against the motion

 

 

Report No. 6.2             Byron Bay Paid Parking Time Changes - Jonson St

File No:                        I2019/1256

 

Summary

Shop owners at 120 Jonson St, Byron Bay, have requested Council to change the on street time limits in front of their shops from All Day P paid parking to 2P paid parking.

 

Background

Anecdotal evidence is that staff working at Mercato are parking on the street, in the area all day time limits.  Local residents are able to obtain a Pay Parking Permit for $55 which allows them to park in Byron Bay without paying the meter fees.  Given the Mercato parking is also pay parking but with no exemptions for locals, locals are now tending to park in the street when visiting or working at Mercato.

 

The business owners at 120 Jonson Street have identified this as a significant source of financial strain as patrons to their shops can not find a space within close proximity to their shops.  As a result they are not getting the vehicle / customer turn over they need to help make their businesses sustainable.  While the business owners have requested only the three spaces in front of their shops be modified, Council recommends modifying 12 spaces as discussed below.  These 12 spaces form a unit that logically fit together.

 

Figure 1 below shows to current time limits layout for the Byron paid parking scheme. The yellow star shows the location of 120 Jonson St and the arrow line shows the length of spaces to be converted from P to 2P.

 

From 120 Jonson Street and extending north to Mercato there are 12 on street car spaces with a mix of time limits.  The on street time limit immediately in front of 120 Jonson Street, and extending north for 12 spaces, is P (all day paid parking). Directly in front of Mercato and adjoining the P (all day) paid parking is 2 x 4P car spaces and a bus zone.

 

Figure 2 below shows the Dreamers & Drifters and Byron Beach Realty at 120 Jonson Street and the on street parking looking north.

 

From 120 Jonson St south there are 14 all day pay parking spaces spaced out in two groups of 7 spaces. Seven (7) spaces immediately in front of the Lord Byron Hotel and seven (7) immediately in front of the old Butter Factory. Figure 3 below shows the 14 spaces, in 2 groups. It is recommended to leave these as all day P pay parking.

 

If the all day parking in front of 120 Jonson St is changed to 2P it is recommended changing all on street parking to 2P, extending from 120 Jonson through to and including the 2 x 4P spaces in front of Mercato. This amounts to 12 parking spaces being converted to 2P paid parking.

 

It is noted that on street parking on the eastern side of Jonson St opposite 120 Jonson St is all day P time limited.

 

Figure 1 – Map of Byron Bay paid parking scheme

 

Figure 2 – On Street parking looking north

 

 

Figure 3 – On street parking looking south

 

 

Considerations

·    Meter system to be reprogrammed to the new time limits.

·    Parking maps to be updated

·    5 new 2P signs and 1 new pole are required

·    Inform compliance team to update their LPR databases.

 

 

 

Committee Comments

Donovan commented on parking in Mercato. People who live in the area are struggling to find parking near their homes.

Davis: should Council inspect the Mercato parking and encourage Mercato to provide Staff parking?

 

Management Comments

Mercato has around 150 parking spaces.

 

Committee Recommendation:

That Council support a minor modification of the Byron Bay Pay Parking scheme, as outlined below:

 

1.   That 12 car spaces, extending from in front of 120 Jonson St and north to the bus stop in front of Mercato, be modified to 2P time limit.

 

2.   The associated street signage be updated to reflect the above changes with additional signs added as required.

 

3.   The modification is to be communicated to all relevant stakeholders, such as:

i.   Council’s compliance team;

ii.  Council’s communication team for advertising on Council’s website and updating parking maps;

iii. Companies managing Council pay parking scheme in order to update relevant databases.

(Shanahan/Davis)

The recommendation was put to the vote and declared carried. Donovan, Cameron, Davis and Shanahan voted in favour of the motion.

Nil voted against the motion

 

 

Report No. 6.3             Restricted Parking Area - Broken Head Reserve Rd & Seven Mile Beach Road

File No:                        I2019/1473

 

Summary

That Council supports a Restricted Parking Area Scheme (in accordance with RMS guidelines) that includes Broken Head Reserve Rd and the length of Seven Mile Beach Road.  Figure 1 below shows the location (in blue) where it is proposed to establish the Restricted Parking Area:

 

Figure 1: Location of proposed Restricted Parking Area.

 

Background

Broken Head Reserve Road Village area and Seven Mile Beach Road are popular tourist destinations experiencing significant parking congestion and infringements.

 

Broken Head Reserve Road Village

The NPWS operate pay parking at the end of Broken Head Reserve Rd with approximately 100 spaces (refer to Figure 1 for the location of NPWS pay parking). Visitors avoid pay parking by parking in the Village precinct which does not have pay parking. However, there are approximately 34 formal car spaces but a far greater number of cars sprawled through the village and parallel parking along Broken Head Reserve Rd.

 

The sprawling nature of parking causes significant parking and traffic congestion with dangerous traffic and pedestrian conflict points. While Council attempts to manage this parking congestion through extensive signage and line marking, the signs need regular modification as people find loop holes and vandalise the signage.

 

Refer to attachment 1 for photos of parking areas within the Broken Head Reserve Road Village precinct and example of illegal / dangerous parking.

 

The introduction of a RPA would help create a safer compliant parking precinct and encourage cars to also utilise the NPWS car park more effectively.  Works (such as: bollards, line marking and signage) are proposed as part of a parallel but separate project to clearly delineate approved parking areas.

 

An RPA would also significantly improve Council’s ongoing maintenance of a significant number of No Stopping signs which are regularly vandalised and removed.

 

Through undertaking some minor civil works s part of the parallel project there is adequate and safe parking for approximately 55 cars within the Village precinct:

 

·    Approximately 20 road side parallel spaces on the western approach to the village. Work is proposed to delineate these spaces (i.e. levelling, signage, gravel sealing – as required, bollards along southern road side within the village precinct to prevent parking – Refer to Attachment 1 Figure 8.);

·    14 spaces are currently bitumen sealed within the Village (a mix of 3 parallel spaces and 11 angled spaces);

·    20 spaces are currently gravel on the eastern side of the village and require no additional works.

 

Seven Mile Beach Road

A number of secluded but popular beaches that have been “discovered” are accessed via Seven Mile Beach Road.  To cater for these popular beaches a number small car parks are located along the length of Seven Mile Beach Rd. Refer to Figure 2 below for their locations.

 

Kings Beach safely accommodates approximately 25 spaces, Brays beach 6 spaces, Whites Beach 13 spaces and Seven Mile Beach car parks 16 spaces.  Refer to attachment 2 with a series of photos showing the parking congestion / non compliance occurring along Seven Mile Beach Road, especially in the vicinity of car parks.

 

The road is 4m, gravel and designed for two way traffic. Cars frequently parallel park illegally on both sides of the road causing parking and traffic confusion (refer to attachment 2).  To manage this Council has installed No Stopping signs every 50-75m along the 4.7km length of Seven Mile Beach Road.  This is a significant ongoing maintenance cost to Council as signs are regularly pulled out and thrown into the bush to prevent vehicles being booked. Related to this, visitors always look for loop holes to park in random places requiring constant upkeep and modifications to the signage layout.

 

A Restricted Parking Area would help the regulation of parking congestion and significantly reduce the ongoing cost and maintenance associated with the constant replacement of vandalised signs.

 

Specific RPA Requirements

The RPA objectives shown below (to provide LTC members with some background information) are taken from the RMS guide Restricted Parking Areas. Based on the above and the RMS objectives below, it is considered the conditions within the Broken Head Reserve Road and Seven Mile Beach Road meet RPA warrants:

 

 

 


 

Associated Photos

 

Figure 2 –Yellow lines show extent of overflow parking in the village precinct. Blue shows NPWS pay parking.

 

Figure 2: Location of car parks along Seven Mile Beach Road.

 

Considerations

i.    Byron Shire Parking maps to be updated to identify the Restricted Parking Area,

ii.    Civil works will be required to establish clear and identifiable parking station and parking bays,

iii.   Inform compliance team compliance matters associated with Restricted Parking Areas.

iv.  Update website with parking maps and information on Restricted Parking Areas

v.   Anticipated cost estimate for minor civil works, signage, bollards and yellow lines = $165,000.

vi.  This estimate excludes cost of works associated with:

a)   Bitumen sealing of car parks along Seven Mile Beach Road ($600,000 approx.). Cost estimates for sealing those car parks form part of a separate report to Council (I2019/1717).

b)   Introduction of parking technology (such as pay parking and compliance monitoring systems) within Seven Mile Beach Road and Broken Head Reserve Road. Cost estimates not finalised but expected to be in the order of $100-$150,000.

c)   The establishment of No Parking 1am-5am signage along Seven Mile Beach Road ($2,000).

 

Committee Comments

 

Donovan asked about overnight parking in this area. Andrew advised that Report 6.5 in this agenda requests No Parking between 1 am -5 am.

In discussing the recommendations RMS advised LTC can not recommend, as part of the recommendations, that Council spend money to upgrade parking facilities. Recommendation 2 reworded accordingly.

 

Management Comments

Andrew explained that parking bays will be demarcated on Seven Mile Beach Road through sealing the entrance of the road, the car parking areas and installing relevant signs & line marking.

It was noted that traffic surveys revealed the 85% speed is approximately 41-42km/hr on Seven Mile Beach Road. RMS and Police agreed that sealing the entrance of Seven Mile Beach Road will increase this speed.

 

Committee Recommendation:

That Council approve:

 

1.   Approve the introduction of a Restricted Parking Area (RPA) to Broken Head Reserve Road and Seven Mile Beach road. The RPA is to be in accordance with RMS guidelines.

 

2.   Consider upgrading existing car parking facilities and areas in the Broken Head Reserve Road village precinct and on Seven Mile Beach Road, as required, to comply with RMS Restricted Parking Area requirements subject to approved funding.

(Cameron/Shanahan)

The recommendation was put to the vote and declared carried.

Donovan, Cameron, Davis and Shanahan voted in favour of the motion.

Nil voted against the motion

 

Procedural Motion

Committee Recommendation:

That Council change the order of business to deal with Reports 6.5 next on the Agenda.

 

 

 

Report No. 6.5             No Parking Area - Seven Mile Beach Road

File No:                        I2019/1515

 

Summary

This report seeks Council support to establish a No Parking Area between 1am to 5am for the full length of Seven Mile Beach Road.

 

Background

Seven Mile Beach Road is an area that attracts a lot of illegal overnight campers with associated concerns.  These campers create significant environmental and safety concerns, such as:-

 

·    Constant defecation and toilet paper in popular illegal camping areas;

·    Bushfires resulting from camp fires;

·    Concerns for Council officers attempting to move them on due to drug use and drunkenness;

·    Intruders into private property

 

While Council currently has the delegated authority to infringe people found to be camping illegally the current delegation only allows them to infringe the person and not the vehicle.  Given the prevalence of drug use, drunkenness and potential mental health concerns waking illegal campers up to infringe and move them on is frequently a safety concern for officers.

 

In addition, people infringed are typically travellers who move on with no regard to the infringement.

 

Establishing a 1am to 5am No Parking Area will enable staff to infringe vehicles without having to wake the campers up.  This significantly improves the security and safety of our officers.  It also provides a greater deterrent as the infringement is tied to the vehicle registration and not a transient traveller.

 

The time range of 1am to 5am is proposed as it ties in with existing No Parking time limits already adopted in the Shire.  Given the area is frequented by early morning surfers and fishermen a time limit of 1am to 6am was not considered appropriate.

 

The images below are indicative of the type of No Parking signage (R5-81 and R5-83) Council staff is seeking support for:

 

 

 

It is proposed to install both signs at the entrance to Seven Mile Beach Road with additional repeater signs at each car park.

 

It is not proposed to include the Broken Head Reserve Road Village precinct within the No Parking area as it is a more built up area with a higher potential for genuine overnight visitor parking requirements.

 

The image below shows the proposed location of No Parking signage relative the the Restricted Parking Area proposed as part of a separate LTC report.

 

 

Considerations

·    Two new signs and posts will be required as shown in the image above.

·    2 signs at entrance to Seven Mile Beach Road and 5 repeater signs, one at each car park

·    Inform compliance team of LTC and Council resolution.

·    Anticipated cost estimate for signage and posts = $2,000

 

Committee Comments

Donovan asked about the enforcement of the signage?

 

Management Comments

Andrew explained that if Council does not have the resources to enforce it at night or for a sustained length of time it does enable Council to undertake an enforcement campaign blitz, as resources permit, to reinforce the No Parking culture.

 

Committee Recommendation:

That Council support the establishment of a No Parking Area 1am to 5am, with relevant signage in accordance with RMS requirements, for the full length of Seven Mile Beach Road.

(Cameron/Shanahan)

The recommendation was put to the vote and declared carried .

Donovan, Cameron, Davis and Shanahan voted in favour of the motion.

Nil voted against the motion

 

 

Report No. 6.4             Bay Lane - Traffic Management

File No:                        I2019/1514

 

Summary

This report seeks Council’s support to manage vehicular access to the western portion of Bay Lane, Byron Bay.

 

Bay Lane is a one way (west to east) service laneway connecting Jonson Street and Fletcher Street.  The length of road under consideration is approximately 75m.  Refer to Figure 1 for the section under consideration.

 

It is proposed to permit vehicular access into the section of Bay lane between 5am to 5pm and to prohibit vehicular access between 5pm to 5am.

 

It is proposed to do this through a combination of regulatory signage, modifying traffic flow directions and installation of traffic control devices that are non regulatory and not part of the LTC process.

Figure 1 – Bay Lane proposed controlled access.

Project Concept

Refer to Attachment 1 for Council’s concept design to control access into Bay Lane between 5pm and 5am.

 

The street landscape would not be altered and Bay Lane would maintain its laneway feel. It is proposed to regulate vehicular access off Jonson St into Bay Lane in the following manner:

 

i.    Permit vehicular access into Bay Lane off Jonson St between 5am to 5pm;

ii.    Prohibit vehicular access into Bay Lane off Jonson St 5pm to 5am;

iii.   Install a No Entry sign (R2-4n) at the Jonson St / Bay Lane entrance with a 5m – 5am time plate (R5-603).

iv.  Install a No Right Turn sign (R2-6) at the Jonson St / Bay Lane entrance with a 5m – 5am time plate (R5-603).

v.   Install one way painted and signage arrows, as required.

 

Note: Attachment 1 shows a concept entry statement that may be installed to create a visual feature that helps calm traffic entering the laneway between 5am – 5pm and increase pedestrian safety. It’s wide enough to permit service vehicle access.  A removable bollard may be installed, as required, across the entrance of Bay Lane to acts as Hostile Vehicle Mitigation device if an event is held within the laneway between 5pm to 5am.  The visual feature shown in attachment 1 is not a regulatory feature and is just indicative of what could be done to help increase pedestrian safety, particularly between 5pm to 5am.

 

Two (2) car parks gain access off Jonson St at approximate chainage 80m. To maintain access to these car parks between 5pm and 5am the following modifications are proposed to regulate traffic at the eastern end of Bay Lane.

 

i.    Install a blister with No Entry signage at CH75m to prevent cars travelling west past this point. The image below illustrates what this structure would look like.

ii.    Remove on street loading bays along the full length of Bay Lane.

iii.   Change traffic flow to permit two-way access off Fletcher St. Note, Bay Lane carriage width between chainage 80m-120m is 5.5m. Between CH 120m and 150m Bay Lane carriage width is 7m. Between CH 120-150m Bay Lane is currently 2-way to permit access to a youth hostel basement car park.

 

Note: Attachment 1 shows a concept removable bollard may be installed adjacent to the mid point blister, as required, to act as Hostile Vehicle Mitigation device if an event is held within the laneway between 5pm to 5am. The bollard would not be a regulatory feature and is just indicative of what could be done to help increase pedestrian safety between 5pm-5am.

Background

The project aims to create an iconic place making venue in the heart of Byron Bay where patrons come and experience a Melbourne Laneway type feel with pop up stalls, lighting and music.

Figure 2 below shows a montage of venues similar to the style Byron Shire Council is attempting to create between 5pm to 5am through regulating traffic as proposed above.

Figure 2 – Montage of laneway venues that priorities pedestrian

Traffic Data

Two traffic counts have been done in Bay Lane: 1) August 2017, located 30m west of the Fletcher St intersection, and 2) Oct 2019 30m east of Jonson St. These counts reveal almost identical traffic patterns as seen in the virtual counts shown below:

Another traffic count was done between 14th Oct to 23 Oct 2019 with the follow summary data:

Based on the Virtual Week from this count:

·    Total daily traffic was approximately 340vpd

·    91% were Class 1 vehicles suggesting most vehicles are patrons of car parks east of the lane closure.

·    Peak traffic volumes were between 8am-6pm.

·    85th % speed are between 22-26km/hr

·    Between 5pm-5am total traffic volumes were between 115-120 vehicles.

 

Based on the above, traffic volumes impacted by traffic regulation between 5pm-5am is considered to be minimal.

 

Committee Comments

The entrance signage across the laneway is not a regulatory feature but should take into account service vehicle heights.

The No Right Turn sign is recommended to be placed on the west side of Jonson Street.

 

Management Comments

Nil

 

Committee Recommendation:

That Council supports:-

 

1.   The people focused activation of Bay Lane through regulating access of vehicles into Bay Lane, subject to the following:

 

a)      Vehicle access within Bay Lane, between chainages CH 0-75m (approx.), be prohibited generally between 5pm to 5am;

b)      Vehicle access between chainages CH 0-75m be permitted generally between 5am to 5pm;

c)      Detail design to be generally in accordance with attached drawing E2019/79917 and must include appropriate regulatory signage and relevant time plates;

 

2.   The following modifications to traffic flow in Bay Lane:

a)   Maintaining one way traffic flow between chainages 0-75m (approx.);

b)   Change traffic flow to two way between chainages 75-150m;

c)   Detail design to be generally in accordance with attached drawing E2019/79917 and must include appropriate regulatory signage and relevant time plates;

 

 

(Cameron/Donovan)

The recommendation was put to the vote and declared carried.

Donovan, Cameron, Davis and Shanahan voted in favour of the motion.

Nil voted against the motion

 

 

Report No. 6.6             Byron Bay CBD - Loading Zones

File No:                        I2019/1516

 

Summary

This report seeks Council support to establishment new loading zones within Byron Bay CBD.

 

The southern side of Bay Lane currently provides a 75m long Loading Zone.  This provides a significant area for vehicles to park and service the Byron CBD. It is proposed to remove this loading Zone for two reasons:

 

i)          There are a number of visual and health pollution concerns associated with this loading zone.

ii)         Council has developed plans to create a more people orientated and activated Bay Lane by regulating vehicular access. It is proposed to prohibit vehicular access into Bay Lane, off Jonson St, between 5pm to 5am.

 

Visual and Health Concerns

The number of cafes and restaurants along Bay Lane has increased. Given the verge width is 0.5m the distance between café seating and service vehicles is small.  Exhaust fumes create a genuine health concern for patrons and café workers due to the close proximity.  Figure 1 below illustrates how close Service Vehicles and patrons are with the associated concerns regards exhaust fumes and pedestrian safety.

 

 

People Focused Activation of Bay Lane

Council proposes to create a more people orientated and activated Bay Lane by regulating vehicular movement through restricting vehicular access into Bay Lane (off Jonson Street) between 5pm – 5am. A separate report has been submitted to LTC and Council regarding this proposed regulation of traffic in Bay Lane.

 

Given the two issues above it is recommended to remove the loading zone and create new loading zones across the Byron CBD to maintain an adequate level of service for the CBD.

 

Loading Zone Locations

The maps below show the location of proposed and existing loading zones.  The last map shows an estimate of the number of Loading Bays required in accordance with Council’s Development Control Plan 2014. Based on this estimate sufficient room for 7 SRV’s and 10 MRV’s is required. The proposed layout meets these requirements and attempts to spread the loadings zones evenly across the CBD.

 

There is no loss of any Pay Parking car spaces proposed as part of this new LZ layout.

 

 

 

 

 

Considerations

i.    Proposed Loading Zones are located in parallel parking areas only.

ii.    Approximately 12 new signs and 7 posts will be required.

iii.   This is estimated to cost $1,750 to install

iv.  No community consultation has been undertaken as yet and is recommended. Though complete business support is not considered required due to the next point.

v.   The proposed LZ layout is considered appropriate and expected to receive public support based on the following reasons:

a.   New Loading Zones are planned to operate between 5am – 9am and not expected to impact business patrons.

b.   5am-9am is operates outside of pay parking hours.

c.   The proposed new LZ reflects how loading services already occur on the CBD. To illustrate this, the image below is taken at proposed Loading Zone 5.

d.   There are large parts of the CBD with no LZ in close proximity. This encourages illegal servicing, as seen in the image below. The proposed layout provides official legal LZ to these shops. Proposed loading zones 2, 3 and 6 are examples of this.

 

 

 

 

Committee Comments

 

Cameron asked if there is a need of extending loading zone 1 and 2 from 15min to 1h? Most of the businesses are small and may need only ½ hour loading zones. Can traders park their car there?

Shanahan commented on the item 3 of the recommendation that mentions consultations. Ian suggested that Council should discussed it with Chamber of Commerce.

 

Management Comments

Andrew advised that loading zone 1 and 2  can be 30 min only. Final Loading Zone time limits to be confirmed through consultation with the Byron Chamber of Commerce.

 

Committee Recommendation:

That Council supports:

 

1.       The removal of the Bay Lane Loading Zone.

 

2.       The establishment of approximately 6 new Loading Zone generally located as shown in this report and generally operating during the time limits as shown in this report (I2019/1516).

 

3.       The undertaking of consultation with local businesses and Chamber of Commerce prior to the installation of signage to confirm the most appropriate location and time limits of proposed Loading Zones.

(Shanahan/Cameron)

The recommendation was put to the vote and declared carried.

Donovan, Cameron, Davis and Shanahan voted in favour of the motion.

Nil voted against the motion

 

 

 

Report No. 6.7             Event - Summer Holiday Traffic Management in Byron Bay

File No:                        I2019/1833

 

Summary

This report seeks LTC support for Council endorsement of the implementation of traffic management and traffic control measures, as required, at strategic locations within the Byron Bay township road network for the duration of school summer holidays.

 

An example of when such measures have been required in the past is during the lead up to New Years Eve Celebrations (typically 27th – 30th December) and in the days immediately following these celebrations (1st – 3rd January). 

 

Where additional events with corresponding surges in traffic and pedestrian movements are identified Council staff are seeking support to implement traffic management and control measures, as required and subject to the recommendations below.

 

The primary goals of this traffic management and control are:

 

i.          To ensure road user and pedestrian safety through appropriately managing interactions between vehicles and pedestrians.

ii.          Promote the efficient movement of vehicles within the township during a peak tourism period.

 

As shown above, this will allow Council staff to extend some of the traffic control measures that are normally adopted for NYE.

 

 

 

Committee Comments

 

Shanahan recommended to include incident management and recommended Council keep Police and RMS informed of any traffic regulation that Council undertakes on state roads.

 

Management Comments

Nil

 

Committee Recommendation:

That Council endorse the provision of traffic management facilities and traffic controllers within Byron Bay, when deemed necessary, between 6th December 2019 to 31st January 2020 to provide increased safety for road users and pedestrians and to manage the efficient movement of vehicles on the road network during the Christmas school holiday period, subject to the development and implementation of Traffic Control Plans by those with relevant RMS accreditation.

 

(Shanahan/Cameron)

The recommendation was put to the vote and declared carried.

Donovan, Cameron, Davis and Shanahan voted in favour of the motion.

Nil voted against the motion

 

 

Matters for Traffic Engineering Advice

Report No. 7.1             Engineering Advice - Intersection of Rajah Rd & Yengarie Way (Petition)

File No:                        I2019/1531

 

Summary

This report seeks LTC engineering advice on recommended road treatments to address a local concern regarding the intersection of Yengarie Way and Rajah Road, Ocean Shores.

 

Background

In mid July the resident of 102 Rajah Road initiated a petition requesting Council to upgrade the intersection of Yengarie Way and Rajah Road (see attachment 1).  This petition followed regular contact with Council in which they raised ongoing concerns with their personal safety.  Their concern was that over recent years, cars lose control as they travel down Rajah Road and crash through their front fence, almost into their house.  The figure below shows the road alignment and general travel direction causing them concern.

 

Fig. 1 – Rajah Road alignment

 

In late July, around the same time as the petition was submitted to Council, Council completed works to up grade the intersection (see attachment 2).  These works consisted of updating and relocating linemarking and “cats eyes” to increase road alignment clarity.  Four Cams (reflective arrows) were placed along the alignment of the curve to increase the visibility of the bend.  Finally, a precast island was installed at the intersection to provide some measure of a physical barrier and again to better delineate the intersection.

 

Fig. 2 – Works to upgrade the intersection, looking south.

 

Fig. 3 – Intersection prior to works. This is the direction of travel causing concern

 

At Council’s Ordinary meeting held on 22 August 2019 the Mayor tabled the petition containing 102 signatures which states:

 

We, the undersigned, are concerned citizens who urge the council to take action on improving safety on the road mentioned above.  The corner in question needs road safety interventions implemented including, but not limited to; 1.Crash Barriers; 2. Slow Signs; 3 Adequate Lighting”

 

At Council’s Ordinary meeting held 26th October a Council report was written to respond to the petition.  This report highlighted the above chronology.  The report also concluded these works were considered to adequately address the petition concerns.

 

The resident of 102 Rajah Road has subsequently contacted Council as they do not believe these works are sufficient. The resident wants Council to install a guardrail and street lighting.

 

In response, Council indicated the alignment and angle of a guardrail in this location would create a significant risk to life for any potential driver and is not recommended.

 

RMS Accident Data

Council’s GIS has RMS accident data up to December 2018. This RMS supplied crash data indicates there was one crash at this intersection in 2018 due to excessive speeding at night.

 

The resident indicates there have been many more accidents at this intersection over the years, including 2 cars that have gone through their fence.

 

These may not have involved the police and therefore have not been logged into the system.  The attached petition, however, makes reference to several accidents where police have attended.

 

Council staff previously contacted the Tweed Police Station to confirm if there are records of recent crashes at this intersection but Council was informed they were not able to supply any information.

 

The resident contacted Council late October to inform us another vehicle was heard coming down Rajah Road and was screeching as the vehicle continued around the curve, past the Yengarie Way intersection. They requested we include this in the report.

 

 

 

Committee Comments

 

Shanahan advised that frangible bollards will not stop the cars. Shanahan recommendation to install speed counters. 

 

Management Comments

Andrew said that the intent of the bollards was to slow the cars down with minimal driver injury as an alternative to a guard rail that could endanger driver life.

 

Committee Recommendation:

That Council:

1.   Notes the recent works undertaken by staff to improve the visibility of the intersection and road alignment through improved line markings, cats eyes, CAMS and the installation of a traffic island.

 

2.   Does not support the installation of a guardrail due to the potential increased risk of a driver fatality.

 

3.   Consider the installation of frangible bollards, with reflectors, along the southern alignment of the Yengarie Way / Rajah Road intersection.  This is to be subject to detail design to confirm:

 

i.    Extent and alignment of bollards

ii.   Suitability of installing bollards adjacent to recently installed CAMS, and

iii.  Feasibility of installing such devices in this part of the road reserve (i.e. check for underground services etc)

 

(Davis/Cameron)

The recommendation was put to the vote and declared carried.

Donovan, Cameron, Davis and Shanahan voted in favour of the motion.

Nil voted against the motion

 

Member Davis left the Chambers at 11:51 am. Member Davis returned to the Chambers at 11:55 am.

 

Development Applications

Report No. 8.1             Events - Byron Bay Bluesfest 2020

File No:                        I2019/1729

 

SUMMARY

 

Council has received an event Traffic Management Plan (TMP) and Traffic Control Plan (TCP) for Byron Bay Bluesfest 2020 to be held on Thursday 9 April 2020 to Monday 13 April 2020.

 

BACKGROUND

 

2019 Traffic Debrief

 

The attached Traffic Evaluation Report by Greg Alderson & Associates (attachment 1) provides a debrief summary and assessment of traffic management for the 2019 event, held Thursday 18 April to Monday 22 April 2019.  As per previous years, Bluesfest is required to meet specific traffic management KPI’s as part conditions of consent (DA10.2013.128.1 and DA10.2014.753.1).

 

Additional information has been gathered for this year’s Traffic Evaluation Report via the collection of traffic classifier data (refer to Section 10 within the Traffic Evaluation Report). This classifier data helps to clearly compare peak traffic times for each day of the event. The summary outcome was the event met all of its traffic management KPI’s for each day. The KPI measures are reproduced below for ease of reference:

 

(i)         Maximum back of queue location on northbound off ramp: 200m from start of diverge taper,

(ii)        Maximum queue length on new southbound off ramp: 210m from start of diverge taper,

(iii)       Maximum flow rate 1260 vehicles per hour per land on overpass, between 8am and 8pm,

(iv)       Maximum flow rate 800 vehicles per hour per lane on Tanner lane and Yarun Road between 8am and 8pm,

(v)        No queuing on Pacific Motorway,

(vi)       No queuing, other than in the turning bays on Tanner Lane into the site, for through traffic,

(vii)      No back up queue from the site onto Tanner lane or Yarun Road,

(viii)     Maximum on-ramp delay 42 seconds,

(ix)       No impact on through travel times on the Pacific Motorway,

 

The Traffic Evaluation Report has included daily parking count information, to which it was found the highest utilisation was Friday 19 April at 63% of the 7000 space capacity.  On this basis and that the existing KPI’s have been met, the Traffic Evaluation Report has recommended supporting the implementing of paid parking as reproduced below:

 

 

2020 Traffic Control Plans

 

The proposed 2020 traffic control plans are updated revisions of the same as used in 2019 with minor amendments, such as dates and times for the new event calendar duration.

 

Paid Parking

 

Historically, paid parking has been previously supported by Council for this event however it was not implemented in 2019. Paid Parking is to be introduced at the 2020 event and is outlined in detail within Section 6 of the Bluesfest 2020 Traffic Management Plan. The more pertinent issues of how payment is to be collected and delays this process may have on vehicular movement into the site.  It is proposed that parking will be predominately pre-paid with venue tickets and that site verification is to occur once cars have parked. Refer part extract Section 6 below.

 

Patrons will pre-purchase their parking tickets online and a new team of staff will be employed to scan and check patrons parking tickets for the correct days. Their tickets will be scanned by hand held devices. The parking team will only approach cars for their pre-paid ticket once they have been directed to a parking bay.

 

For the small number of patrons that have not pre-purchased a ticket before they arrive they will have the chance to purchase one on the spot from one of our paid parking staff. The method of collection will be a combination of a Credit Card Tap Device or a cash payment and that will be indicated to our Patrons before they arrive. Card will be encouraged, and we will have campaigns around this message. Extra signage at entrance points to the Festival Site will also reinforce what to expect on parking their vehicles.

 

‘Event Only’ Park and Ride Offerings

The Bluesfest 2020 Traffic Management Plan does not propose any ‘Event Only’ park and ride facilities, thereby no assessment of off-site parking implications are considered.  The event shall cater for conventional bus and taxi rank services as per last year.

 

Other Matters

The method to assess the level of queuing for KPI assessment is not clearly articulated within the Traffic Evaluation Report with non definitive outcomes of ‘Not likely exceeded’ or ‘No queue observed’. A discussion with Greg Alderson & Associates confirmed that more definitive statements not possible without having access to recording data.  It is raised that with the implementation of paid parking and possible queuing issues, it would be a positive outcome to implement traffic monitoring cameras at the KPI queue locations to assist in post evaluation of traffic management outcomes. 

 

KEY ISSUES

1.   Congestion onto the Pacific Highway if not managed correctly, particular with any delays surrounding paid parking implementation.

2.   RMS Traffic Engineering Department requires separate approval of the TMP and TCP.

 

COUNCIL IMPLICATIONS

 

§ Budget/Financial

The event organisers to pay the relevant Approval of Road Events fee pursuant to s144 of the Roads Act as per the Fees & Charges 2019/20.

 

§ Asset Management

Not applicable.


 

Committee Comments

Nil

Management Comments

Andrew: LTC is not approving any TCPs. This recommendations are only the approval for the process.

 

Committee Recommendation:

1.   That Council endorse the Byron Bay Bluesfest 2020 to be held on Thursday 9 April 2020 to Monday 13 April 2020, inclusive, subject to the following conditions:

 

2.   Separate approvals by NSW Police and RMS being obtained, noting that the event is on a state road or may impact the state road network

 

3.   The development of a Traffic Management Plan and Traffic Control Plan(s) by those with relevant RMS accreditation. These plans are to be submitted to Byron Shire Council at least 2 months prior to the event for approval of traffic regulation on roads under Byron Shire control;

 

4.   The Traffic Management Plan and the Traffic Control Plan(s) to be implemented by those with relevant and current RMS accreditation;

 

5.   Traffic camera data recorders or similar be used to obtain an accurate record of traffic  impacts at KPI queue locations;

 

6.   That the impact of the event be advertised via a notice in the local weekly paper a minimum of one week prior to the operational impacts taking effect, noting it must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints;

 

7.   The event organiser:

 

          i)       advertise the impact of the event via a notice in the local weekly paper a                   minimum of one week prior to the operational impacts taking effect, noting             it must include the event name, specifics of any traffic impacts or road              closures and times, alternative route arrangements, event organiser, a                  personal contact name and a telephone number for all event related                            enquiries or complaints;

 

          ii)      provide a copy of the advert for Council's web page;

 

          iii)     give consideration of any submissions received;

 

          iv)     inform community and businesses that are directly impacted (e.g.                             adjacent to the event) via written information which is delivered to the                     property in a timely manner so as to document, consider and respond to                  any concerns raised;

 

          v)      arrange for private property access and egress affected by the event;

 

          vi)     liaise with bus and taxi operators and ensuring arrangements are made                   for provision of services during conduct of the event;

 

          vii)    consult  with emergency services and any identified issues be                         addressed;

 

          viii)   holding $20m public liability insurance cover which is valid for the event.

 

          ix)     paying of Council’s Road Event Application Fee prior to the event.

 

8.   The event be notified on Council’s webpage;

 

9.   The event organiser is to:

          i)       undertake consultation with community and affected businesses including             adequate response/action to any raised concerns;

         ii)       undertake consultation with emergency services and any identified issues                       addressed;

         iii)      hold $20m public liability insurance cover which is valid for the event;

         iv)      pay Council’s Road Event Application Fee prior to the event.

 

(Shanahan/Davis)

The recommendation was put to the vote and declared carried.

Donovan, Cameron, Davis and Shanahan voted in favour of the motion.

Nil voted against the motion

 

 

Report No. 8.2             Request for No Stopping - 29-33 Granuaille St, Bangalow

File No:                        I2019/1730

 

SUMMARY

This report seeks support for a No Stopping Zone along both sides of 29 Granuaille Road, Bangalow, as shown in the illustration below.

 

No stopping is required to ensure adequate lane width due to the creation of two turning bays discussed below.

 

Council’s has received a S138 requested for works at 29 Granuaille Road, Bangalow.  These works will facilitate access into the site in accordance with consent conditions for a proposed child care centre.  The S138 application requires implementing an urban channelized right turn lane (CHR) which Council’s development engineers have indicated has been approved by RMS as part of the DA process, and the installation of regulatory “No Stopping” zones on both east and west kerb lines for a length of 125m (this is the subject of this report).

 

It is recommended to condition the installation of No Stopping signage and yellow line marking in accordance with RMS requirements.

 

BACKGROUND

DA10.2018.585.1 granted development consent for a child care centre (59 children) on a site previously run by NSW Health Services Centre with a condition of consent to construct a CHR9(s) to turn into 29 Granuaille Road and a CHR(s) to turn into Colin Lane.

 

Civil design plans for the CHR(s) treatments have been lodged with Council with an extract shown below, refer also to the attachment.  The proposed “No Stopping” zone is shown in yellow linework below. Relevant signage to be installed as well in accordance with RMS requirements.

 

 

The committee is advised that currently there is limited on-street parking options given the presence of retaining walls near kerb lines in this locality.  Notwithstanding this, 4 to 6 informal on-street car parking spaces will be removed to create the required road width to install the turning bays. 

 

Refer to the street view below to show the existing site conditions and approximate extent of the No Stopping zone.

 

 

KEY ISSUES

1.   In approving the No Stopping zone, a reduction of on-street parking options occur.

2.   In complying with the consent condition number 19, a CHR(S) right turn pocket is also required to service Colin Lane which is directly opposite the childcare centre driveway. This has increased the length of No Stopping zone.

3.   The works require RMS concurrence as it is a Classified Road

 

COUNCIL IMPLICATIONS

§ Budget/Financial - The initial cost of works is by the development.

§ Asset Management - The linemarking will become a recurrent maintenance item.

 

§ Policy or Regulation - Delegated to Council for authorisation in conjunction with:-

 

Actions required to control traffic – Part 8 (Sections 114 to 124) Roads Act, 1993.

Traffic Control Devices –Part 5 (Sections 18-22) Road Transport (Safety and Traffic Management) Act, 1999.

No Stopping and No Parking signs and road markings – Division 2, NSW Road Rules 168.

 

 

Committee Comments

RMS confirmed Council does not have delegated authority to approve works within Granuaille Road as it is not the Roads Authority for Granuaille Road. This matter, therefore, will be managed by RMS and not Council.

 

Management Comments

As Council is not the roads authority for Granuaille Road this item was not discussed and the recommendation deleted to avoid confusion.

 

 

 

 

 

There being no further business the meeting concluded at 12:05 .


Minutes of Meeting

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

Byron Shire Floodplain Risk Management Committee Meeting

 

 

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Tuesday, 26 November 2019

Time

2pm

 

 

 

 

 

 

 

 


 

Minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on Tuesday, 26 November 2019

File No: I2019/2032

 

PRESENT:   Cr A Hunter and Cr M Lyon

 

Staff:   James Flockton (Flood and Drainage Engineer)

            Dominika Tomanek (Minute Taker)

 

Invited Members:   Peter Mair (SES), and Martin Rose (Environment and Heritage), Karl Allen

 

Community:           Robyn Bolden, Rebecca Brewin, Steve Keefe, Duncan Dey and Matthew Lambourne

 

Visitors:                  Ella Harrison (WMA Water), Katrina Smith (WMA Water)

 

 

Cr Lyon (Chair) opened the meeting at 2:09 pm and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

Phil Holloway (Director Infrastructure Services)

Andrew Page (Cape Byron Marine Park)

Cr Richardson

Toong Chin (Environment and Heritage)

Cr J Hackett

Susan Skyvington

 

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes from Previous Meetings

 

Committee Recommendation:

That the minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on 24 September 2019 be confirmed.

(Dey/Lyon)

The recommendation was put to the vote and declared carried.

 

 

Note: The minutes of the meeting held on 24 September 2019 were noted, and the Committee Recommendations adopted by Council, at the Ordinary Meeting held on 24 October 2019.

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

 

 

Staff Reports - Infrastructure Services

Report No. 4.1             North Byron Floodplain Risk Management Study Draft Document

File No:                        I2019/1832

 

Committee Recommendation:

1.       That Council support the public exhibition of the Draft North Byron Floodplain Risk Management Study Attachment 1 & 2 - (E2019/83311 & E2019/83313) from 20 January to 28 February 2020.

 

2.       That Council delegate staff the authority to make minor amendments to the Draft North Byron Floodplain Risk Management Study documents, in consultation with support from the Floodplain Management Committee, prior to it going on public exhibition in January 2020.

 

(Hunter/Lyon)

The recommendation was put to the vote and declared carried.

     

 

 

 

There being no further business the meeting concluded at 4:00pm.


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[1]  Clause 4.1 of the Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Code of Conduct.

[2] A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Code of Conduct has a proprietary interest.

[3]  Clause 4.1 of the Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Code of Conduct.

[4] A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Code of Conduct has a proprietary interest.

[5]  Clause 4.1 of the Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Code of Conduct.

[6] A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Code of Conduct has a proprietary interest.

[7]  Clause 4.1 of the Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Code of Conduct.

[8] A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Code of Conduct has a proprietary interest.