Minutes
Ordinary (Planning) Meeting
Thursday, 20 February 2020
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
20 February 2020
The following items are listed in the order in which they were dealt with.
Notice of Rescission Motion No. 9.1 Final Business and Industrial Lands Strategy for adoption
Report No. 13.6 Tiny House Development Proposal
Report No. 13.12 PLANNING - 26.2020.1.1 - Planning Proposal for Short Term Rental Accommodation
Report No. 13.4 Integrated Pest Management Strategy
Report No. 13.10 PLANNING - 26.2016.6.1 The Farm Planning Proposal, Ewingsdale Road Byron Bay
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 20 February 2020
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 20 February 2020 COMMENCING AT 11.05AM AND CONCLUDING AT 4.48PM
I2020/172
PRESENT: Cr S Richardson (Mayor), Cr B Cameron, Cr C Coorey, Cr J Hackett, Cr A Hunter, Cr M Lyon, Cr J Martin, Cr S Ndiaye and Cr P Spooner
Staff: Mark Arnold (General Manager)
Vanessa Adams (Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)
Shannon Burt (Director Sustainable Environment and Economy)
Ralph James (Legal Counsel)
Chris Larkin (Manager Sustainable Development)
Chris Soulsby (Development Planning Officer S94 & S64)
Rob Van Iersel (Major Projects Planner)
Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
Prior to dealing with the circulated reports and associated information, a Public Access Session was held and Council was addressed on the following:
Report No and Title |
For/ Against |
Name |
Representing Organisation |
|
9.1 |
Final Business and Industrial Lands Strategy for adoption |
For |
Rob Doolan |
|
Against |
Matthew O’Reilly John Anderson |
CABS |
||
13.3 |
PLANNING - Development Application - further report following resolution 19-279 10.2018.384.1 Alterations and Additions to existing Dwelling House, Alterations and Additions to existing structure to create Dual Occupancy (detached) and Upgrade Wastewater System 5 at 183 Coopers West Lane Main Arm |
For |
Wayne Weisse |
|
Against |
Peta Best |
|
||
Catherine Ruth Feldmann |
|
|||
Duncan Dey |
|
|||
Ewan Willis |
|
|||
13.6 |
Tiny Houses on council land |
For |
Genevieve Lee |
One Roof Byron Inc |
13.9 |
PLANNING - Development Application 10.2019.161.1 - Multi Dwelling Housing - 15 Units, No 23 Lismore Road Bangalow |
Against |
Ian Holmes |
Bangalow Progress Association |
13.12 |
PLANNING - 26.2020.1.1 - Planning Proposal for Short Term Rental Accommodation |
For |
David Wallace |
VOHL |
Submission No. 1 The meaning of life
John Anderson made a submission to Council regarding Councillors.
Submission No. 2 Affordable Housing
Matthew O’Reilly made a submission to Council regarding affordable housing outcomes.
Question No. 1 Byron Bay bypass construction
John Anderson asked the following question:
Workers at the Byron Bypass site in October 2019 laid a cluster of thick, high voltage cables beneath the road then being constructed and indicated that some 10 more were to be laid for the purpose of "future proofing".
(1) on the basis of what delegated authority was a decision made to lay these cables given that they weren't indicated in the construction plans filed with the JR PP and later with the Land & Environment Court
(2) who is paying for said cables
(3) and do those cables betray a long-term plan to commercialise the area to the west of Butler St so that it eventually becomes part of the CBD
The Development Planning Officer S94 & S64 advised the cables aren’t in an area that was considered by the Land and Environment Court. The Court case only considered the bypass section of the wetland so the cables are in an area that are considered in the Part 5 activity. It was covered in the REF in the Part 5 approval, so approved under delegated authority by the General Manager. Subsequent to that, detailed plans were provided and approved by Essential Energy to underground the cables including the 11kv cable that runs down the length of Butler Street and then crosses into the town centre. It’s both the Byron South feeder and the Byron No. 1 into the town centre as identified by Essential Energy. These are Essential Energy cables.
Who is paying for them? Council is paying for the relocation of those cables, so they are existing cables that needed to be relocated because we’re undergrounding works, removing power poles. It is being done at our expense. The exception to that is an additional conduit required by Essential Energy. That conduit is at their request and they are paying for it. Council is undertaking the works on their behalf and they haven’t told us why. They’ve simply required us as part of the detail design to put those conduits in at their expense.
Those conduits at this point in time do not have any cable in them and as they’re a relocation of existing power infrastructure it’s certainly not part of a long term plan or required for the provision of any rezoning. As far as staff are concerned, there is no plan to rezone land in that locality.
Question No. 2 Tiny Houses
Matthew O’Reilly asked the following question:
Is there any movement in Council to allow exempt development, complying development, DA approvals for some sort of tiny house development on rural lots in the Shire. Is that moving anywhere because they’re already there and if they’re on Council land, is Council making any movement in that direction? Because at the moment, Council’s Tiny House Fact Sheet says they’re not allowed yet they’re going in everywhere.
The Director Sustainable Environment and Economy advised that in terms of tiny houses, there’s a whole spectrum and it’s quite complicated so the planning proposal that is before Council today is just starting to unpack that issue. Part 2 of the recommendation from staff is that we get a working group together with local government representatives and planning representatives to look at the impediments planning wise and local government wise to the issue of tiny houses.
The meeting adjourned at 12.45pm for lunch and reconvened at 1.36pm.
There were no apologies.
Cr Spooner requested a leave of absence for the Ordinary Meeting of 27 February 2020.
|
Procedural Motion |
Resolved that Cr Spooner be granted a leave of absence from the Ordinary Meeting on 27 February 2020. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Tabling of Pecuniary Interest Returns
In accordance with the clause 4.9 of the Code of Conduct, an Annual Interest Return was tabled for Jason Stanley, Inflow and Infiltration Project Manager.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary (Planning) Meeting held 21 November 2019 be confirmed. (Spooner/Hunter) The motion was put to the vote and declared carried. |
Reservation of Items for Debate and Order of Business
The Mayor suspended standing orders to allow for items to be reserved for debate, being:
Staff Reports
Sustainable Environment and Economy
Report No. 13.3 PLANNING - Development Application - further report following resolution 19-279 10.2018.384.1 Alterations and Additions to existing Dwelling House, Alterations and Additions to existing structure to create Dual Occupancy (detached) and Upgrade Wastewater System at 183 Coopers West Lane Main Arm
Report No. 13.4 Integrated Pest Management Strategy
Report No. 13.6 Tiny House Development Proposal
Report No. 13.7 PLANNING - 26.2019.4.1 Outcome of Public Exhibition - Planning Proposal to Introduce Minimum Lot Size Standards (BLEP 2014) for Manor House and Multi Dwelling Housing (Terraces)
Report No. 13.9 PLANNING - Development Application 10.2019.161.1 - Multi Dwelling Housing - 15 Units, No 23 Lismore Road Bangalow
Report No. 13.10 PLANNING - 26.2016.6.1 The Farm Planning Proposal, Ewingsdale Road Byron Bay
Report No. 13.12 PLANNING - 26.2020.1.1 - Planning Proposal for Short Term Rental Accommodation
The remaining Recommendations were adopted as a whole, being moved by Cr Richardson and seconded by Cr Hunter. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 20-003 and concluding with Resolution No. 20-007.
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.5 PLANNING - S8.2 Review - Alterations & Additions to Tourist Cabin, Alcorn Street, Suffolk Park File No: I2019/2141
|
Resolved that, pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, development application 10.2019.276.1 for alterations and additions to tourist cabin. Alcorn Street, Suffolk Park, be granted consent subject to the conditions listed in Attachment 4 (E2020/4651). (Richardson/Hunter) The motion was put to the vote and declared carried. Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in favour of the motion. No Councillors voted against the motion.
|
|
Procedural Motion |
Resolved: that Council change the order of business to deal with items 9.1, 13.3, 13.6, 13.9 and 13.12 next on the Agenda. (Richardson/Hackett) The motion was put to the vote and declared carried. |
Notices of Motion and Rescission
|
Procedural MotionS |
Resolved that Cr Coorey be granted a one minute extension to her speech. The motion was put to the vote and declared carried. |
Resolved that Cr Cameron be granted a one minute extension to his speech. (Richardson/Cameron) The motion was put to the vote and declared carried. |
Resolved that Cr Lyon be granted a one minute extension to his speech. (Richardson/Martin)
The motion was put to the vote and declared carried. |
Moved: That the matter be put.
The motion was put to the vote and declared lost.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron and Hackett voted against the motion.
Resolved that Cr Hackett be granted a one minute extension to her speech. (Richardson/Cameron) The motion was put to the vote and declared carried. |
Resolved that Cr Ndiaye be granted a one minute extension to her speech. (Richardson/Cameron) The motion was put to the vote and declared carried. |
Resolved that Cr Spooner be granted a one minute extension to his speech. (Richardson/Martin)
The motion was put to the vote and declared carried. |
The motion (Coorey/Cameron) was put to the vote and declared lost.
Crs Martin, Lyon, Ndiaye, Richardson, Spooner and Hunter voted against the motion.
Staff Reports - Sustainable Environment and Economy
AMENDMENT
Moved: That pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application No.10.2018.384.1 for Alterations and Additions to existing Dwelling House Use, Alterations and Additions to existing structure to create Dual Occupancy (detached) and Upgrade Wastewater System, be approved subject to the recommended amended conditions shown in E2020/12081 including a new point, 13(f):
13. Dwelling Access & Parking
f) This includes road widening as identified on the plan prepared by Heath and McPhail Surveying No. HM18147 – 2 Issue B, dated 14/10/19 in the vicinity of chainage 120 plus additional widening between Chainage 300 and 400 within a 5.03 width easement for a minimum length of 20 metres. The existing gravel passing bay between Chainage 650 and 700 to be sealed.
Such plans and specifications must be approved as part of the Construction Certificate.
NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.
(Spooner/Hunter)
The amendment was put to the vote and declared lost.
Crs Spooner and Hunter voted in favour of the amendment
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron and Hackett voted against the amendment.
The motion was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron and Hackett voted in favour of the motion.
Crs Spooner and Hunter voted against the motion.
|
Procedural Motion |
Resolved that Cr Ndiaye be granted a one minute extension to her speech. (Richardson/Coorey)
The motion was put to the vote and declared carried. |
The motion (Ndiaye/ Richardson) was put to the vote and declared carried.
AMENDMENT
Moved: That Council authorise the General Manager to enter into a section 34 Conciliation Agreement approving development application 10.2019.161.1 subject to the conditions of consent agreed to in Attachment 8 (E2020/7293). (Spooner/Hunter)
|
Procedural MotionS |
Resolved that Cr Spooner be granted a one minute extension to his speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
Resolved that the motion be put. (Ndiaye) The motion was put to the vote and declared carried. |
The amendment was put to the vote and declared lost.
Crs Martin, Spooner and Hunter voted in favour of the amendment.
Crs Coorey, Lyon, Ndiaye, Richardson, Cameron and Hackett voted against the amendment.
The motion (Cameron/Coorey) was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in favour of the motion.
No Councillors voted against the motion.
|
Procedural Motion |
Resolved that Cr Lyon be granted a two minute extension to his speech. (Richardson/Hunter) The motion was put to the vote and declared carried. |
The motion was put to the vote and declared carried.
Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett and Spooner voted in favour of the motion.
Cr Hunter voted against the motion.
There was no mayoral minute.
There were no petitions tabled.
There were no submissions or grants tabled.
Melbourne National Climate Emergency Summit 2020
Cr Ndiaye advised:
Last week, three of us travelled to Melbourne for the National Climate Emergency Summit 2020. It was attended by over 2000 people that included 150+ Council representatives including staff and Councillors. It also had school groups and community citizens. There was a great array of speakers.
As a Council we were the first in NSW to declare a climate emergency and there were others there that had only just in the process of, so when we got together with the other council groups we did a half day workshop on the Saturday, it was a chance to meet and discuss where we’re up to and steps forward and how we can work together to potentially lobby federal government further given their inaction in this space and that the cost shift of all the mitigation has fallen on local councils, and the initiatives on all of our communities as well.
Rebecca Huntley offered us some really interests insights from her research on how to engage the disengaged. We heard from Michael Mann. Often the impromptu stuff is what we get more from at these conferences but it was a great chance to be amongst people that all have a similar desire to make positive changes in this space and protect the environment as Green councillors do consider consistently.
Cr Coorey advised:
I think that some of the more powerful things that I saw were the Mayor of Glenn Innes talking about the impact of bush fire on her area and what they were doing. I think it was also good to see Clover Moore speaking about the relationship Sydney had because obviously they can’t just plant trees to offset their carbon burden. The opportunities for rural and regional areas to work with urban areas to do a lot more in carbon draw down was quite good as well.
Overall there’s capacity for councils to advocate together and we’ve had so much cost shifting in our direction without very much leadership at high levels of government but I think critical mass of councils will be a good thing.
It was nice to see how advanced we are in terms of the initiatives this Council has taken with reducing our own greenhouse gases and getting to zero emissions as a Council. And I think we were well ahead of the game on that front which is fantastic. And we’re doing some really good things already.
All in all, it was pretty good with a few lessons to learn and nice to know that we were moving forward already.
Staff Reports - Sustainable Environment and Economy
|
Procedural Motion |
Resolved that Cr Ndiaye be granted a one minute extension to her speech. (Richardson/Cameron) The motion was put to the vote and declared carried. |
The motion (Ndiaye/Richardson) was put to the vote and declared carried.
|
Procedural Motion |
Resolved that Cr Hackett be granted a two minute extension to her speech. (Richardson/Cameron) The motion was put to the vote and declared carried. |
The motion (Hackett/Richardson) was put to the vote and declared carried.
There being no further business the meeting concluded at 4.48pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 19 March 2020.
….…………………………
Mayor Simon Richardson