Minutes
Ordinary (Planning) Meeting
Thursday, 16 April 2020
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes
16 April 2020
The following items are listed in the order in which they were dealt with.
Report No. 13.4 PLANNING - 10.2019.650.1 - Dual Occupancy (detached) - 103 Kings Road Federal
Report No. 13.7 PLANNING - 26.2018.2.1 Linnaeus Estate Planning Proposal - Submissions Report
Mayoral Minute No. 1 COVID-19 Financial Support
Report No. 13.1 Design Options - Lot 12 Bayshore Drive, Byron Arts & Industry Estate
BYRON SHIRE COUNCIL
Ordinary (Planning) Meeting Minutes 16 April 2020
MINUTES OF THE BYRON SHIRE COUNCIL Ordinary (Planning) Meeting HELD ON Thursday, 16 April 2020 COMMENCING AT 11.05AM AND CONCLUDING AT 4.26PM
I2020/542
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)
Chris Larkin (Manager Sustainable Development)
Ralph James (Legal Counsel)
Mila Jones (Minute Taker)
The Mayor opened the meeting and acknowledged that the meeting is being held on Arakwal Country and that we pay our respects to the elders past and present and extend our respect to the Bundjalung clans whose lands and waters are part of the Shire.
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/ |
Name |
Representing Organisation |
Submission Received |
13.4 PLANNING - 10.2019.650.1 - Dual Occupancy (detached) - 103 Kings Road Federal |
For |
Karina Vikstrom |
Newton Denny Chapelle |
Written speech read aloud by staff |
Against |
Jennifer Hunt |
|
Written speech read aloud by staff |
|
13.6 PLANNING - Development Application - further report following resolution 20-015 10.2018.384.1 Alterations and Additions to existing Dwelling House, Alterations and Additions to existing structure to create Dual Occupancy (Detached) and Upgrade existing Wastewater 5 System |
For |
Wayne Weisse |
|
Via webinar |
Sam Percival |
|
Written speech read aloud by staff |
||
Paul Robinson & Courtney Hampson |
|
Written speech read aloud by staff |
||
Alison and Amare Pearl |
|
Written speech read aloud by staff |
||
Against |
Duncan Dey |
|
Via webinar |
|
Ewan Willis |
Karu Kalia |
Via webinar |
||
13.7 26.2018.2.1 Linnaeus Estate Planning Proposal - Submissions Report |
For |
Simeon Michaels |
|
Via webinar |
Against |
Steven Duchen |
|
Written speech read aloud by staff |
Question 1: Report 13.2 from 19 March 2020
Jan Barham asked the following question:
During the debate on item 13.2 Restaurant in the 19 March Planning meeting, the Mayor made the comment:
“Otherwise we go back to the old days of having a million dollar legal bill. We just go to court over everything and lose most of it, because we sit in black or white and we give proponents no other opportunity but to take us on legally”
Could clarification be given specifically regarding the reference to ‘lose most of it? Does this mean losing most of the court cases or losing the funds and what evidence is relied on for the comment?
My point was about losing the money, not necessarily the court case. We have always had quite a good track record when it came to the Land and Environment Court.
I can provide that, for example in 2002/03 our legal expenses where over a million dollars, in 2009/10 they were over a million dollars, and in 2010/11 they were $662,000; so obviously it changes year by year but we certainly had spikes where we had significant money spent on legal expenses.
The problem is even though we may win a Land and Environment Court case, most of them are generally ‘pay your own expenses’ and so our costs are massive to win. So ultimately my point, even though perhaps taken out of context as it was probably part of a bigger impassioned and emotional comment, my point is simply this; if we look to see if we can negotiate with a developer to, for example, get a 10-20% better outcome and save that legal expense we should do so. Previously we didn't do that, quite often we may have won a Land and Environment Case and then they changed their development perhaps by 10 or 20% and so in a way the same outcome could be achieved without the legal expense. That was my point, based on the fact of rather than just say no and give no opportunities for any other conversations and then reap the costs regardless of the outcome it is probably good for us to see if we can find a way forward to get what we want and our community want without the legal expense. That said of course there are still many legal expenses, like the Bypass, which were thrust upon us which we responded to, which has cost significant amounts of money and so Council should always be prepared to say no and defend itself when appropriate.
Given the Mayor’s considerable involvement in the town centre planning proposal, and given that COVID-19 is considered by many as a planetary warning against complacency, and given furtherance that many in the local community and the Greens would consider a total halt to development worldwide appropriate (with Byron leading the way) will the Mayor consider throwing the town centre plan into the rubbish bin or, alternatively, resigning from the Greens and repairing to his natural habitat, being the left wing of the Liberal Party alongside Malcolm Turnbull.
The Mayor provided the following response:
I'm very proud that I was part of that master planning process it was a state award winning process for community engagement. It is an incredible document that is a guide book rather than a rule book. Most of the components of it makes eminent sense, we've already seen the amazing overhaul of Jonson Street with that park being beautified and I can't wait to see what else comes from it. It has also engaged a community group which didn't exist so we've now got a genuine panel of locals who are involved in how their town looks; most of them are long term residents who have got a lot to add. So the processes is fantastic.
As far as stopping global development, I am not too sure that is a global greens, local greens, or national greens position. Currently I'm getting a development adding a study in my house, I’m not too sure I really want to stop that halfway through. I will take those other questions as comments.
The meeting adjourned at 11.59am and reconvened at 12.20pm.
There were no apologies.
Cr Martin requested a leave of absence for the Ordinary Meeting of 23 April 2020.
Resolved that Cr Martin be granted a leave of absence for the Ordinary Meeting on 23 April 2020. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
Declarations of Interest – Pecuniary and Non-Pecuniary
Cr Martin declared a pecuniary interest in Report 13.5. The nature of the interest being that she is part owner of 86 Coolamon Scenic Drive, Mullumbimby with her father and she submitted the DA for approval. Cr Martin elected to leave the meeting and will not participate in discussion and the vote.
Cr Richardson declared a non-pecuniary interest in Report 13.1. The nature of the interest being that it was his resolution that Council support an education and research facility at Lot 12 Bayshore Drive. Cr Richardson elected to remain in the meeting and will participate in discussion and the vote.
Cr Coorey declared a non-pecuniary interest in Report 13.1. The nature of the interest being that she is a former employee of Byron Region Community College which has an interest in the site. Cr Coorey elected to remain in the meeting and will participate in discussion and the vote.
Tabling of Pecuniary Interest Returns
There were no Pecuniary Interest Returns tabled.
Adoption of Minutes from Previous Meetings
Resolved that the minutes of the Ordinary (Planning) Meeting held 19 March 2020 be confirmed. (Hunter/Coorey) 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. 13.1 Design Options - Lot 12 Bayshore Drive, Byron Arts & Industry Estate
Report No. 13.4 PLANNING - 10.2019.650.1 - Dual Occupancy (detached) - 103 Kings Road Federal
Report No. 13.5 PLANNING - Development Application 10.2019.566.1 Secondary Dwelling at 26 Coolamon Scenic Drive, Mullumbimby
Report No. 13.6 PLANNING - Development Application - further report following resolution 20-015 10.2018.384.1 Alterations and Additions to existing Dwelling House, Alterations and Additions to existing structure to create Dual Occupancy (Detached) and Upgrade existing Wastewater System
Report No. 13.7 PLANNING - 26.2018.2.1 Linnaeus Estate Planning Proposal - Submissions Report
The remaining Recommendations were adopted as a whole, being moved by Cr Richardson and seconded by Cr Lyon. Each recommendation is recorded with a separate resolution number commencing at Resolution No. 20-150 and concluding with Resolution No. 20-151.
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.2 PLANNING - Report Exceptions to Development Standards 1 October 2019 to 31 March 2020 File No: I2020/401
|
Resolved that Council adopt the report on exceptions to development standards for the period 1 October 2019 to 31 March 2020. (Richardson/Lyon) 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.
|
|
Report No. 13.3 PLANNING - 26.2017.6.1 Byron Bay Town Centre Planning Proposal - Review of Planning Controls and draft DCP 2014 Chapter E9 - Exhibition Outcomes - Submissions Report File No: I2019/1610
|
1. That Council note the submissions received to the exhibition of the Byron Bay Town Centre Planning Proposal - Review of Planning Controls and draft DCP 2014 Chapter E9.
2. That Council put further consideration of the Byron Bay Town Centre Planning Proposal - Review of Planning Controls and draft DCP 2014 Chapter E9 on hold to enable the establishment of a Design Panel and to allow for further consideration of applying SEPP 70 within the Byron Bay Town Centre. (Richardson/Lyon)
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 Reports 13.4, 13.6 and 13.7 next on the Agenda. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
Staff Reports - Sustainable Environment and Economy
|
Report No. 13.4 PLANNING - 10.2019.650.1 - Dual Occupancy (detached) - 103 Kings Road Federal File No: I2020/115
|
||||||||||
Resolved that, pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979, Development Application no. 10.2019.650.1 for new dwelling to create Dual Occupancy (detached) be approved subject to the amended conditions below:
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. |
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 conditions in Attachment 9 (E2020/5837). (Richardson/Spooner)
|
Procedural Motions |
Resolved that Cr Cameron be granted a two minute extension to his speech. (Richardson/Ndiaye) The motion was put to the vote and declared carried. |
Resolved that Cr Hackett be granted a two minute extension to her speech. (Richardson/Coorey) The motion was put to the vote and declared carried. |
|
Moved: That the motion be put. (Richardson) The motion was put to the vote and declared lost. Crs Coorey, Martin, Lyon, Cameron, Hackett and Spooner voted against the motion. |
The amendment was put to the voted and declared lost.
Crs Ndiaye, Richardson, Spooner and Hunter voted in favour of the amendment.
Crs Coorey, Martin, Lyon, Cameron, and Hackett voted against the amendment.
The motion was put to 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.
The meeting adjourned at 1.50pm for lunch and reconvened at 2.30pm.
|
Report No. 13.7 PLANNING - 26.2018.2.1 Linnaeus Estate Planning Proposal - Submissions Report File No: I2020/503
|
1. That Council defer consideration of the planning proposal.
2. That Council request staff to notify the applicant of this decision.
3. That Council request staff to hold without prejudice discussions with the applicant to establish options for proceeding with the proposed community title subdivision, either by way of a development application and merit based assessment, or following a further amendment to Byron LEP 2014 that rectifies the issues noted in this report.
4. That Councillors participate in a session at a Strategic Planning Workshop within this timeframe to gain further information on this matter.
5. That Council receive a further report that considers options to amend Byron LEP 2014 in a manner that achieves the objectives of the applicant, Council, the DPIE consistent with the objectives of the Rural Land Use Strategy in relation to the subject land.
6. That these discussions also consider the matter of establishing a Voluntary Conservation Agreement to ensure creating protective design and infrastructure in place that clearly delineates revegetation areas, protection zones particularly littoral rainforest and wetland rehabilitation, prior to any granting of further development. (Richardson/Spooner) |
AMENDMENT
Moved:
1. That Council withdraw support for the planning proposal, and request the Minister to determine that the planning proposal not proceed.
2. That Council request staff to notify the applicant of this decision.
3. That Council request staff to hold discussions with the applicant to establish options for proceeding with the proposed community title subdivision, either by way of a development application and merit based assessment, or following a further amendment to Byron LEP 2014 that rectifies the issues noted in this report.
4. That Council receive a further report that considers options to amend Byron LEP 2014 in a manner that achieves the objectives of the applicant, Council, the DPIE consistent with the objectives of the Rural Land Use Strategy in relation to the subject land. (Ndiaye/Coorey)
|
Procedural Motion |
Resolved that Cr Richardson be granted a one minute extension to his speech. (Richardson/Martin) The motion was put to the vote and declared carried. |
The amendment was put to the voted and declared lost.
Crs Ndiaye, Coorey and Cameron voted in favour of the amendment.
Crs Martin, Lyon, Richardson, Hackett, Spooner and Hunter voted against the amendment.
The motion (Richardson/Spooner) 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.
Petitions
There were no petitions tabled.
Submissions and Grants
There were no submissions and grants.
Delegates' Reports
1. Rous County Council
Cr Richardson advised:
Rous County Council met the other day via Zoom. What is really heartening is how professional so many of our organisations are that we can still get the body of work done. Rous is in that same situation with significant infrastructure that we all rely on, and making sure that when we turn the tap on water comes out and that is being achieved.
2. Destination Byron
Cr Richardson advised:
Obviously the economic impact [of COVID-19] is starting to be understood and felt and there is a bit of media around at the moment about a report that came out which listed Byron as one of the 10 to 20 areas that may be hardest hit as far as economically recovering post this.
Early conversations with the tourist accommodation sector where we normally have 80-90% occupancy rate in April, initial thoughts were 10-20% occupancy rate at the start of COVID-19, and it is now looking like 0-3% occupancy. So we can't be ‘gutted’ as an economic sector any more, however it is worth acknowledging that we are different to places like Cairns in the sense that we aren't anywhere near as dependent on international visitors. We also were one of the last tourism accommodation areas to be hit and everyone in that sector is very confident that we will be one of the first to get back on our feet and bounce again; mainly because being one of the wellness capitals of Australia, those who are going to travel when they are allowed to travel will likely travel to us for the type of experiences that this area provides.
I have also mentioned to travel media sources that we are more than tourism; we are also the creative industries and that's an area that has had ridiculously low support. We've been dogged in trying to diversify ourselves away from a dependence on tourism, constantly talking about sustainable agriculture, the digital economy, start-ups, innovation, and incubation. Anyone in these areas right now are doing alright.
We're going to be talking pretty soon about another piece of land and this is a perfect example of where we need to diversify beyond tourism and get as many institutions, organisations and activities into our community that are more resilient than tourism; and those who are working in the digital economy, those are working in sustainable agriculture, those who are working online through any sort of innovation and research are going to be far more resilient for us going forward. We need to keep pushing to try to create spaces to allow that to occur. Even though those sectors have been severely gutted, those within those sectors are feeling quite confident in our ability to rebound quickly and this is a testament that we are a community and a place that people love coming to.
Staff Reports - Sustainable Environment and Economy
AMENDMENT
|
Procedural Motion |
Resolved that Cr Richardson be granted a two minute extension to his speech. (Ndiaye/Martin) The motion was put to the vote and declared carried. |
The amendment was put to the vote and declared carried.
Crs Coorey, Martin, Richardson, Cameron and Hackett voted in favour of the amendment.
Crs Ndiaye, Lyon, Spooner and Hunter voted against the amendment.
The amendment upon becoming the substantive 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 Hunter and Spooner voted against the motion.
There being no further business the meeting concluded at 4.26pm.
I hereby certify that these are the true and correct Minutes of this Meeting
as confirmed at Council’s Ordinary Meeting on 21 May 2020.
….…………………………
Mayor Simon Richardson