Agenda
Ordinary Meeting
Thursday, 9 April 2015
held at Council Chambers, Station Street, Mullumbimby
commencing at 9.00am
Public Access relating to items on this Agenda can be made between 9.00am and 10.30am on the day of the Meeting. Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.
Ken Gainger
General Manager
CONFLICT OF INTERESTS
What is a “Conflict of Interests” - A conflict of interests can be of two types:
Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.
Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).
Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.
Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).
Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:
§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or
§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.
N.B. “Relative”, in relation to a person means any of the following:
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;
(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)
No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:
§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or
§ Just because the person is a member of, or is employed by, the Council.
§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.
Disclosure and participation in meetings
§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.
§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:
(a) at any time during which the matter is being considered or discussed by the Council or Committee, or
(b) at any time during which the Council or Committee is voting on any question in relation to the matter.
No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.
Participation in Meetings Despite Pecuniary Interest (S 452 Act)
A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.
Non-pecuniary Interests - Must be disclosed in meetings.
There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:
§ It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.
§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.
§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)
§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)
RECORDING OF VOTING ON PLANNING MATTERS
Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters
(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:
(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but
(b) not including the making of an order under Division 2A of Part 6 of that Act.
(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.
(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.
(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.
(5) This section extends to a meeting that is closed to the public.
BYRON SHIRE COUNCIL
Ordinary Meeting
1. Public Access
3. Requests for Leave of Absence
4. Declarations of Interest – Pecuniary and Non-Pecuniary
5. Tabling of Pecuniary Interest Returns (s450A Local Government Act 1993)
6. Adoption of Minutes from Previous Meetings
6.1 Ordinary Meeting held on 19 March 2015
7. Reservation of Items for Debate and Order of Business
8. Mayoral Minute
9. Notices of Motion
9.1 Heritage Advisory Committee........................................................................................... 1
10. Petitions
11. Submissions and Grants
12. Delegates' Reports
12.1 2015
Australian Coastal Councils' Conference,
Cape Schanck Victoria................................................................................................... 11
13. Staff Reports
Corporate and Community Services
13.1 2015 National General Assembly of Local Government................................................ 17
13.2 Australia Day Project Reference Group - Finalisation of 2015 Group and Commencement of 2016 Group............................................................................................................................... 21
13.3 Section 355 Management Committees - resignations and appointments...................... 35
13.4 Section 356 Donations - Reimbursement of Application Fees, Bangalow Park Trust Section 355 Management Committee................................................................................................ 39
13.5 Proposed CCTV system in Byron Bay - ongoing maintenance and monitoring............ 44
Sustainable Environment and Economy
13.6 Submissions received on the exhibition of Draft 2012 Developer Contributions Plan (Amendment 3). ......................................................................................................................................... 59
13.7 Voluntary Planning Agreement - Agreement for provision of car parking associated with DA 10.2014.649.1 - Redevelopment of Old Byron Council Chambers................................ 68
13.8 Review of the waiving of developer contributions for secondary dwellings................... 74
13.9 Coastal Zone Management Plan Byron Bay Embayment............................................. 81
13.10 PLANNING - 10.2014.649.1 Mixed development comprising; demolition, retention of existing building, erection of a new building to be used for backpacker accommodation (250 beds), shops and restaurants at 19-23 Lawson Street Byron Bay............................................................ 105
13.11 Report of the Planning Review Committee Meeting held on 17 March 2015.............. 167
13.12 PLANNING - 10.2014.714.1 - Demolition of existing dwelling, garage, and all other structures at 9 Station Street Bangalow................................................................................................ 170
13.13 Budget Allocation for Traffic Study to Determine Construction Priorities on Ewingsdale Road 190
Infrastructure Services
13.14 Belongil Creek Floodplain Risk Management Study and Plan..................................... 193
14. Reports of Committees
Infrastructure Services
14.1 Report of the Community Infrastructure Advisory Committee Meeting held on 5 March 2015 202
14.2 Report of the Water, Waste and Sewer Advisory Committee Meeting held on 5 March 2015 205
14.3 Report of the Transport Advisory Committee Meeting held on 12 March 2015........... 210
15. Questions With Notice
Nil
16. Confidential Reports
Sustainable Environment and Economy
16.1 Confidential - Unlawful development, North Head Road, New Brighton............. 222
Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Executive Manager prior to the meeting. Any suggested amendments to the recommendations should be provided to the Administration section prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.
Notices of Motion 9.1
Notice of Motion No. 9.1 Heritage Advisory Committee
File No: I2015/260
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I move:
1. That Council establish a Heritage Advisory Committee that includes community representation. 2. A draft constitution be prepared and reported to Council for approval to establish a selection process and subsequent appointment of Members.
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1 HAC Guidelines, e2015/19060 , page 4
Councillor’s Background Notes:
A Heritage Advisory Committee (HAC) would be a timely addition to Council’s toolkit for the management of heritage significance in Byron Shire considering the adoption of the 2014 Local Environmental Plan (LEP).
Heritage Advisory Committees provide a way for the community; Council and heritage advisors to develop an expert and informed knowledge base to better protect and manage heritage items and precincts. In particular, they provide a framework for Council’s to ‘investigate’, ‘assess’ and ‘manage’ significance in relation to its delegated functions under the NSW Heritage Act and associated policies.
The NSW Heritage Guidelines can be viewed at
HACs also provide an opportunity for the community to provide input into an understanding of local heritage significance. The development of a sound knowledge base and deeper understanding of local significance can also help to streamline the application process.
A catalyst for this motion has been a recent application for 93 Station St Mullumbimby, the site of the ‘sawmill’, a significant operation in its time. The site includes a heritage listed building. At the time of writing, the application remained undetermined. It is apparent that the community has concerns as well as relevant information regarding the significance of the site and building, yet there is no established process for community engagement on ongoing heritage matters.
Attached are sample HAC guidelines from Eurobodalla Shire Council. Extracts detailing objectives, terms of reference and membership of the committee are set out below.
OBJECTIVES OF THE COMMITTEE
· To support Council in advancing the aims of the Heritage Strategy and in the development and implementation of strategies, policies and programs related to heritage conservation
· Promote the natural, cultural and historic heritage of the Eurobodalla and to ensure it continues to develop a strong sense of place and identity.
3.0 KEY TERMS OF REFERENCE
The key terms of reference for the Eurobodalla Heritage Advisory Committee are:
· Assist council in the development of policies and strategies in response to Council’s adopted Heritage Strategy and the management of natural and cultural heritage generally in the Eurobodalla local government area.
· Advise Council staff, the Heritage Adviser and the Council on matters relating to the ongoing implementation of the Heritage Strategy.
· Assist Council to procure and allocate funding assistance and to recommend projects for which funding should be sought in line with the Heritage Strategy.
· Provide access to the general community to distribute information and for public input into heritage management, eg, to nominate additional properties for assessment of heritage significance.
· Advise Council on a range of heritage-related matters which are of interest to the community, in particular, by providing expertise, local knowledge and guidance on heritage matters and in relation to heritage assessments.
4.0 MEMBERSHIP
The Committee shall consist of the following voting representatives:
· Two councillors
· Three delegates representing each of the three district historical societies
· The chairperson of the Eurobodalla Aboriginal Advisory Committee
· Three community representatives preferably from the north, central and southern areas of the shire.
Staff from Council and Council’s Heritage Advisor will attend to provide technical advice and
guidance but will not have voting rights on the committee.
Recommended priority relative to other Delivery Plan tasks:
It is envisaged that a HAC could be established and operational within three months.
Definition of the project/task:
Prepare draft constitution for a HAC for Council to ratify and approve a selection process and subsequent appointment of Members by Council.
Source of Funds (if applicable):
HAC to be supported from operational funds, however it is acknowledged that additional funding for expert heritage advice may be required subject to advice from staff.
Signed: Cr Basil Cameron
Management Comments by:
(Management Comments must not include formatted recommendations – resolution 11-979)
Clarification of project/task:
The establishment of a Heritage Advisory Committee to provide advice to Council on applications, policies and strategic projects where these relate to the management, conservation and promotion of Byron’s heritage.
Director responsible for task implementation:
Director, Sustainable Environment and Economy.
Relationship to, priority of, and impact on other projects/tasks:
Council completed a Community Based Heritage Study in 2007. The Study included a number of recommendations which were to be progressively implemented over time depending on budget, resources and priority. One of the recommendations included was that Council establish a Heritage Advisory Committee (HAC) with terms of reference prepared to include a focus on supporting Council to conserve the local heritage.
To date the priority work associated with the implementation of the recommendations in the Community Based Heritage Study in the main has been the amendment to the LEP to list items of heritage significance identified and also preparation of DCP controls.
Due to the above, the establishment of a HAC along with a number of other recommendations has not progressed to date.
Financial and Resource Implications:
There is no current budget allocation for the establishment of a HAC. Council currently engages a Heritage Advisor to assist with the assessment of development applications, Land and Environment Court appeals and policy development on a needs basis. The cost to provide this service ranges from $1,000 upwards per day depending on the work required.
Should a HAC be established, as a prerequisite it would require a recurrent budget allocation to enable the formal engagement of a Heritage Advisor to provide the necessary expert advice to support its work, and a staff member to provide technical advice and administrative support.
Grant funding is available from the Heritage Division of the NSW Office of Environment and Heritage for a local Heritage Advisor Service. The grant program is run annually and subject to funding conditions. A recurrent council contribution of up to $10,000 would be required to make an application under this grant program. The grant funding program for 2015-16 closed in January 2015. However council can apply for the 2016-17 program later this year.
Legal and Policy Implications:
If established the HAC would function as an advisory committee under Section 377 of the Local Government Act 1993.
BYRON SHIRE COUNCIL
Delegates' Reports 12.1
Delegate's Report No. 12.1 2015
Australian Coastal Councils' Conference,
Cape Schanck Victoria
File No: I2015/223
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2015 Australian Coastal Councils Conference
CASE STUDY: Regional Tourism
Ms Tracey Cooper, Executive Chair, Mornington Peninsula Regional Tourism Board · Mornington Peninsula- 26 hotels/apartments and 26,000 houses · Place for time off- a leisure destination, rather than holiday destination · Social media as opposed to formal advertising- fun fact- avocadoes can be frozen and used for guacamole- 150,000 views within days-straight to the determined food, farm gate market · Engagement strategy- a refocus from ‘us’ and our places- to ‘them’- giving visitors a story to tell. Showing the region through eyes of visitors- e.g- pic of feet at the end of a pier, view from within a beach umbrella- Find YOUR Way. · Summer is all about dispersal- rest of year is about growing shoulder periods · Destination Management Plan completed- a key outcome was the need to develop a Coastal Tourism Plan- low impact experiences, best suitable locations, environmental impacts to be considered etc.
Port Phillip Regional Coastal Adaptation Plan
Mr Bernie Cotter, EO, Association of Bayside Municipalities · Association of Bayside Municipalities : 10 councils, est. 1974 · Evidential Activities incl: Adaptation Pathways Project- 5 costed case studies and Wind and Wave Energy Report. · Regional Coastal Adaptation Plan *Evidence based. *Create a 2070Plan- transformative with creative options and visualisation *Adaptation Issues- .5m sea level rise, retreat not a option, thus resilience focus
Panel Discussion: Coastal Issues And Challenges
Chair: Bruce Thom- Setting the Scene · Frustrating Pattern of comings and goings of policies and strategies and personnel over the years across State and Federal Govts. The great Liberal Environment Minister, Robert Hill, as soon as he left, resulted in huge sums of money for coastal works left also. Minister Jenny George, a developed a great blueprint which was launched in Byron, however the ALP government then just sat on it and did not enact any of the recommendations. Recently, in NSW, Barry O’Farrell spruiked a localism strategy (without money), now Minister Stokes and Baird have begun to champion the coast and may well be a return to great focus and commitment. The Abbott Government got rid of COAG meetings on water and environment, which makes it hard for State governments to create national responses-eg, insurance policies for local governments. Thus, continual sustainable leadership is lacking across State and Federal Governments and this makes working in this area unreliable and ineffective.
Panel: Bernie Cotter and John Hickman- issues and challenges · Lack of National and State guidance. · Areas outside Port Phillip Bay less able to fund the collection of data. · Placing Environmental issues against others within Planning debate. E.g, Getting funds set aside from Economic developments to create a future fund for Environment works · Uncertainties still exist within councils as to responsibilities and costs involved. · Federal Government has all the power, State Government has all the policies, Local Government has all the problems · The Council level: inconsistency over time and between places how local councils are treated, when there are huge lack or staff and financial resources. · Understanding liability- identifying risks and coastal properties under threat.
Keynote Address And Discussion: Sea Level Rise And Projections For The Future Dr John Church, CSIRO Fellow with the Centre for Australian Weather and Climate Research Key Messages:
· In past warmer climate periods, sea level was higher · Sea level rose by .19m from 1901-2010 and rate of rise will increase under all scenarios · Collapse of marine based sectors of Antarctic Ice Sheet, would add no more than tenths of metres this century, but far more so next century. · Rate of GM SLR (Global Mean Sea Level Rise) has been greater since mid-19th century · Due to: Warming and Cooling of oceans, change in mass of glaciers and ice sheets and changes in liquid water storage on land · Potential rapid increase in ice sheet outflow-unclear when and how much, but highly concerning instability.
Planning for our coastal communities in a changing climate: a pathways approach
Mrs Ellen Witte, Associate Policy Advisory, SGS Economics & Planning · Benefits
of a Pathways approach: · 3 pathways (let nature run its course, protect and allow development and a mixed response) differ in respect to community values and expectations · A CBA process can include ‘recreation’ and ‘social’ value, though it is expensive and a bit loose. Volunteer group leading community engagement projects towards coastal adaptation Ms Silvia De San Laureano Quiñones, Environment Project Officer, Moyne Shire Council
Case Study: Port Fairy, VIC · Old tip site in dunes: as erosion occurs, rubbish is exposed. · 31% volunteer rate, compared to 17% national average. · Empirical data sought on erosion. Monitoring began 2013, 12 reference posts used to collect data to measure sand height, dune accretion/ ascension and beach profile · Volunteer group facilitated community engagement process as part of adaption plan. · Group: Local professional retirees- leaders and conflict resolvers, partnered with Council to get credibility and developed thorough planning. Strong media presence, including social media. They receive recognition. · Achievements: data informed dune preservation strategies and infrastructure responses, leading to a cessation of erosion in key areas. · Advantages: less cost, better use of time, local knowledge and expertise gained
COASTAL POPULATIONS: PLANNING FOR THE FUTURE - Trends in coastal populations with input from the ABS and case studies
Mr Andrew Howe, Senior Demographer, Regional Population Unit, Australian Bureau of Statistics 2001-2027 · Sea change councils: 40% population growth · Population increase of Gold Coast 77% · Aged population will increase by more than double in sea coast councils
CLIMATE ADAPTATION Developing a Framework for Managing Coastal Climate Risk in Australia
Dr David Rissik, Deputy Director, National Climate Change Adaptation Research Facility · Developed 9 research plans and 150 research papers - all on website · Now
developing a coastal climate risk management tool- to assist decision makers
and coastal managers: stakeholder engagement consisting of workshops and on
line survey (www.nccarf.edu.au)
Social, Economic and Institutional Dimensions of
Climate Change Adaptation
· 95% of solutions can come from overcoming and ironing out departmental inefficiencies-shedding the silo effect. · What are our priority issues? Let them know (tsmith5@usc.edu.au)
CLIMATE ADAPTATION CASE STUDY Coastal Adaptation – A Cooperative Regional Approach
Ms Joanne Ludbrook, Climate Change Adaptation Coordinator, Peron Naturaliste Partnership · Made up of Mayor or a Councillor from each partner council, senior planning staff and a working group, held by MOU type governance links. · Provides resources and information for Councillors and also for the broader public · Funded Projects include: Risk Assessment and Adaptation Plan, Regional Coastal Monitoring Program, Community Information Series and surveys- with funding support from Commonwealth and State governments · Completed Adaptation Project findings: erosion more pervasive than flooding in this area, most ‘assets’ can be saved and $1.1 billion of assets can be saved at a cost of approx. $120 million. · Take home messages: *The regional approach needs to be systematic, flexible and innovative and investment of funds made in these areas, *A strategic approach is needed to balance social, cultural, economic and environmental values
Managing And Funding Natural Disasters In Coastal Australia Mr Andrew Coghlan, National Manager Emergency Services, Australian Red Cross · Australian Government investment- $1 pre, $10 post. · Total economic costs average $6 billion annually- set to rise to $23 billion by 2050 · Annual program of $250 million on pre disaster resilience budget would lead to possible savings of $12.2 billion across all levels of Government. · Recommended, via White Paper: improve co-ordination, commit to long term annual pre disaster funding and to create priorities for this pre disaster funding.
Overview of national research programs relevant to coastal councils Dr Andy Steven, Research Director, CSIRO Coastal, Oceans & Atmosphere Flagship · Nat Marine Science Committee: Nat Marine Science Plan-: http://frdc.com.au/environment/nmsc-white/Pages/ · 10 coastal priorities: better characterise habits, understand catchment contaminant pathways, address cumulative effects, develop bio-observing technologies, understand connectivity and resource use, incorporate quantitative and qualitative social and cultural perspectives in decision making, develop, test and apply eco-engineering approaches, develop methods to mitigate coastal hazards, improve data coordination and support the development of urban/coastal industries · We have no satellites and rely on friendly nations for sharing or use. · National Collaborative Research Infrastructure Strategy (NCRIS) https://education.gov.au/national-collaborative-research-infrastructure-strategy-ncris- $150 million of investment under threat from Commonwealth Government · National Environmental Science Plan- www.environment.gov.au/science/nesp · CSIRO Coastal and Marine Carbon Cluster
Slipping through the net: the impact of incremental
development on the built and natural environments of coastal towns
· Collective impacts of incremental or small developments on the character of a community and its definition and preservation need addressing · Resultant of demographic change
Development of Frankston Coastal Management Plan Ms Simone Bonella, Leisure Planner, Frankston City Council
· New building won Australian design awards- has café, amenities etc- Keast Beach
Also, great new building at Seaford SLSC- won world Architecture Award best Completed Civic Building
Beach System Ecoservices, Economic Value and Coastal Management Dr Boyd Blackwell, Research Fellow, University of New England · Problems
with current practice and thinking: · Economic
values- varied reports, will change over time as values change · Unfortunately, the focus is skewed towards tourism, land value and development based values etc (anthropocentric rather than ecological) · If we focus towards a non (human) use value, we will move towards a healthier beach. In contrast, if we move away from non (human) use value and towards market value use, we will have a less healthy beach.
Victoria’s Approach To Coastal Management And Planning The Hon Lisa Neville MP, Victorian Minister for Environment, Climate Change and Water · Informed her department that they could now reuse the term climate change as opposed to terms like 'climate variability’, which was banned-to great applause! · A significant problem is the value given to the anti-science, ‘talk back’ culture within society. ‘Joe Bloggs’ dismissing Climate change on radio saying it was hotter in his day growing up is given equal weight to a scientist who has worked for 40 years in this area. As a result, there has been a 20% drop in community concern about climate change across Australia- therefore the need exists for a renewed community conversation.
ECONOMIC DEVELOPMENT CASE STUDY Surf Coast Surfing Industry Report Ms Kate Sullivan, Director of Planning and Environment, Surf Coast Shire Council · Surfing now a family sport. · Approximate estimation of 2.2 million surfers in Australia.
Climate Change Adaptation Projects: A Local and International
Perspective
Examples gleaned from a staff member’s overseas tour: · Miami- sand nourishment huge, with funds not a problem. Also US Army Corp of Engineers get involved with creating works. · NYC- automatic flood barriers being established- like in Britain also, they look like sculptural gates, but actually highly effective. · Toronto- undergoing major works and placemaking commitment to change. Huge push to get cars out and pedestrianise and cycle friendly streetscapes. Meetings are taking place on bikes outside!!! · London- closing the adaptation gap strategy- a strategy moving away from a strategy of increasing drainage capacity to mitigate flood impacts, to instead, improving drainage maintenance and implementing other resilience measures. The first strategy was listed as unacceptable, the latter, acceptable.
Local government management challenges in protecting and preserving Indigenous cultural heritage values along the coast Mr Adam Magennis, Aboriginal Cultural Heritage Officer, Mornington Peninsula Shire Council · Midden deposits offer great insights into climate change research. Measuring temperature changes, difference in species etc.
Coastal Caravan Parks and Economic Benefits of Climate Change Adaptation Dr Boyd Blackwell, Research Fellow, University of New England · In Victoria- a levy raised is passed onto coastal management works · Looked at relationship between camper demand and income and sensitivity of visits due to prices- found low sensitivities to price rises and also less surprisingly camping demand increased as income dropped. · 42% did not want to adapt (do nothing, change nothing) – they generally had less post secondary education, were older, and retired, perhaps maintained a higher income
Signed: Cr Simon Richardson
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BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.1
Staff Reports - Corporate and Community Services
Report No. 13.1 2015 National General Assembly of Local Government
Directorate: Corporate and Community Services
Report Author: Joylene McNamara, Senior Administration Officer
File No: I2015/77
Theme: Corporate Management
Administrative Services – Councillors
Summary:
In accordance with Council’s Policy 14/010 Mayor and Councillors Payment of Expenses and Provision of Facilities (#E2014/61952), Clause 8.4.1 “A resolution of Council is required to authorise attendance of Councillors at …b) Australian Local Government Association National General Assembly as a voting delegate.”
Council has received notification that the National General Assembly of Local Government will be held from 14 to 17 June 2015.
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RECOMMENDATION: 1. That Council authorise the following Councillors to attend the 2015 National General Assembly of Local Government to be held at the National Convention Centre in Canberra from 14 to 17 June, 2015:
Cr _________________________ and
Cr _________________________
2. That Council determine which Councillor will be the voting delegate.
3. That Council endorse the following motions for submission to the National General Assembly:
Submission A _________________________
Submission B_________________________
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1 National General Assembly 2015 Call for Motions, E2015/14088 (provided under separate cover)
2 Memo Call for Motions 2015 National General Assembly, e2015/18356 , page 20
Report
Council has received the program and registration details for the National General Assembly of Local Government (NGA) to be held in Canberra from 14 to 17 June 2015.
In accordance with Council’s Policy 14/010 Mayor and Councillors Payment of Expenses and Provision of Facilities, clause 8.4.1. states “A resolution of Council is required to authorise attendance of Councillors at…b) Australian Local Government Association National General Assembly as a voting delegate.”
Council is entitled to one voting delegate in the debating session.
Conference Motions
Policy 14/010 Mayor and Councillors Payment of Expenses and Provision of Facilities also states at clause 8.4.4.(b) that “Submission of motions for consideration by Council will be done by notice of motion, which can be considered during the year.”
As motions to the NGA are to be received by ALGA no later than Friday 17 April 2015 and must first be endorsed by Council prior to submission, a memo was provided to Councillors (Attachment 2) advising of the due date for Notices of Motion to be submitted in time for this Agenda and for discussion at this meeting.
See "Call for Motions" below regarding information that must be included in a motion. Staff will then submit the resolved motions to ALGA on behalf of Councillors.
Call for Motions
This year’s theme is “Closest to the Community: Local Government in the Federation”. To be eligible for inclusion in the NGA Business Papers and then debate on the floor of the NGA, motions must follow the principles:
1. Be relevant to the work of local government nationally;
2. Be consistent with the themes of the Assembly;
3. Complement or build on the policy objectives of your state and territory local government associations;
4. Propose a clear action and outcome, and
5. Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members, to gain national political exposure for positions that are not directly relevant to the work of, or in the national interest of local government.
To assist Councils in preparing motions, a Discussion Paper has been prepared and is available on the NGA website at:
http://alga.asn.au/site/misc/alga/downloads/events/2015NGA/LG_Closest_to_the_People_Discussion.pdf and is also an attachment to this report (provided under separate cover).
Motions should generally be in a form that seek the NGA’s support for a particular action or policy change at the Federal level which will assist local governments to meet local community needs e.g. That this National General Assembly call on the Federal government to restore indexation to local government financial assistance grants.
Motions require a clear national objective; a summary of the key arguments in support of the motion and endorsement by your Council.
Conference Details
Where: National Convention Centre, Canberra, ACT
Dates: Sunday 14 June to Wednesday 17 June 2015
Costs:
(per delegate) Registration Fee (early bird on/before 1 May 2015) $899.00
Accommodation (approx) (4 nights) $1,000.00
Travel (approx.) $800.00
Total: $2,699.00
Financial Implications
Council has an allocation for conferences of $18,700 within the 2014/15 budget (2145.04). There has been $4,600.00 committed as at 2 March 2015. Council is therefore able to fund the cost of two delegates from this budget.
Statutory and Policy Compliance Implications
In accordance with Council’s Policy 14/010 Mayor and Councillors Payment of Expenses and Provision of Facilities “A resolution of Council is required to authorise attendance of Councillors at …b) Australian Local Government Association National General Assembly as a voting delegate.”
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.1 - Attachment 2
MEMO FROM: General Manager
SUBJECT: Call for Motions for 2015 National General Assembly
DATE: 23 March 2015
RECORD NO: E2015/18356
Councillors,
Council has received advice regarding the National General Assembly of Local Government (NGA) to be held in Canberra from 14 to 17 June 2015.
Motions for this year theme “Closest to the Community: Local Government in the Federation” are to be received by ALGA no later than Friday 17 April 2015 but must first be endorsed by Council prior to submission. Notices of Motion to Council regarding ALGA Motions will need to be submitted for inclusion in the Ordinary Meeting Agenda of 9 April 2015 at the latest.
Council’s Notices of Motion for Ordinary Agenda 9 April 2015 are due to be received by staff on 25 March 2015 so if you wish to submit a Motion to the NGA, please prepare a Notice of Motion by the due date of 25 March 2015.
Call for Motions
To be eligible for inclusion in the NGA Business Papers and then debate on the floor of the NGA, motions must follow the principles:
1. Be relevant to the work of local government nationally;
2. Be consistent with the themes of the Assembly;
3. Complement or build on the policy objectives of your state and territory local government associations;
4. Propose a clear action and outcome, and
5. Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members, to gain national political exposure for positions that are not directly relevant to the work of, or in the national interest of local government.
To assist Councils in preparing motions, a Discussion Paper has been prepared and is available on the NGA website at:
http://alga.asn.au/site/misc/alga/downloads/events/2015NGA/LG_Closest_to_the_People_Discussion.pdf and is also attached to this memo.
Motions should generally be in a form that seek the NGA’s support for a particular action or policy change at the Federal level which will assist local governments to meet local community needs e.g. That this National General Assembly call on the Federal government to restore indexation to local government financial assistance grants.
Motions require a clear national objective; a summary of the key arguments in support of the motion and endorsement by your Council.
……………………………………
Ken Gainger
Enc. #E2015/14088
Staff Reports - Corporate and Community Services 13.2
Report No. 13.2 Australia Day Project Reference Group - Finalisation of 2015 Group and Commencement of 2016 Group
Directorate: Corporate and Community Services
Report Author: Mila Jones, Team Leader Administrative Services
File No: I2015/208
Theme: Corporate Management
Administrative Services
Summary:
This report provides information on the work completed by the Australia Day 2015 Project Reference Group (PRG). It is now recommended that the 2015 PRG be disbanded following completion of its objectives.
This report also recommends that a 2016 PRG be established in order to coordinate the Australia Day activities for 26 January 2016.
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RECOMMENDATION: 1. That Council notes this report on the Australia Day 2015 activities and disbands the Australia Day Project Reference Group effective 11 March 2015.
2. That Council write to all members of the Australia Day 2015 Project Reference Group advising of this resolution and to thank the participants for their assistance.
3. That Council participate in the Australia Day Council Ambassador Program for 2016 Australia Day Activities.
4. That the objectives for the Australia Day 2016 Project Reference Group, as outlined in this report, be adopted.
5. That the Constitution for the Australia Day PRG (#E2015/16582) shown at Attachment 1 to this report, be adopted.
6. That Council invite the following organisations to nominate representatives to be a member on the Australia Day 2016 Project Reference Group. · Byron Bay Rural Fire Brigade, Suffolk Park · Bangalow Historical Society · Rotary Club of Byron Bay · Rotary Club of Mullumbimby representing the Combined Services Clubs of Brunswick Valley · Brunswick Mullumbimby Lions Club · Ocean Shores Community Association · Brunswick Valley Historical Society · Sisters for Reconciliation · Australia Day Paddle |
1 Draft Australia Day 2016 Constitution, E2015/16582 , page 27
Report
Finalisation of Australia Day 2015 PRG
In accordance with Resolution 14-434 (shown, in part, below), Council invited organisations to nominate representatives to be a member on the Australia Day 2015 PRG.
4. That Council invite the following organisations to nominate representatives to be a member on the Australia Day PRG.
· Byron Bay Rural Fire Brigade, Suffolk Park
· Bangalow Historical Society
· Rotary Club of Byron Bay
· Quota International of Brunswick Valley Inc
· Brunswick Mullumbimby Lions Club
· Ocean Shores Community Association
· Brunswick Valley Historical Society
· Sisters for Reconciliation
· Australia Day Paddle
The PRG met on three occasions prior to Australia Day and held a debrief meeting following the events on 11 March. On an as-needs basis, there were also informal meetings and discussions held between the PRG meetings in order to confirm arrangements for the official ceremony and the separate community events.
In accordance with resolution 09-680 which states in part that the official ceremony is to 'alternate each year to different locations within the Shire', the official ceremony for 2015 was held at the Brunswick Heads Bowling Club and coordinated by the Rotary Club of Mullumbimby representing the Combined Services Club. Assistance with the event was also provided by the PRG member from the Brunswick Valley Historical Society Inc.
The Official Ceremony was conducted with the assistance of a sign interpreter. There were approximately 100 patrons at this ceremony, which included the following people and events:
· Cr Simon Richardson as MC
· Welcome to Country by Delta Kay, Arakwal
· Speech by the Australia Day Address Giver, Mr Russell Siwicki
· Speech by Byron Shire's Australia Day Ambassador Tracy Mann, Actor and Presenter
· Local Citizen of the Year Awards
· Citizenship Ceremony
· Sit down lunch for invited guests
Nominations were received for the award categories listed below (with the recipient noted in brackets) which included:
· Citizen of the Year (Adrienne Sheppard)
· Junior Citizen of the Year (Kurtis O’Keefe)
· Volunteer of the Year (Elna Bostock)
· Senior Sports Person of the Year (Gemma Eaton)
· Junior Sports Person of the Year (Mackenzey Ormiston)
· Community Event of the Year (Rotary Club of Byron Bay Bravehearts Presentation)
Other Australia Day events were planned by the various community groups with the details of these events noted below.
Brunswick Heads Breakfast in the Park (Rotary Club of Mullumbimby representing the Combined Services Clubs): This event was held at Banner Park and this was the 27th year of this event. The event included breakfast, hand waver flags, stick-on tattoos, live music and sing-along. The Ambassador was also in attendance. There were approximately 850-900 people in attendance. During the event, the Combined Services Clubs presented Meals on Wheels with a cheque for $1,000 which was the profit made at the previous year’s event.
Byron Bay Breakfast in the Park (Rotary Club of Byron Bay) and the Australia Day Paddle: The event this year was different to previous years since the Rotary Club of Byron Bay and the Australia Day Paddle decided to combine their events. The event was held at Apex Park next to the Byron Bay Surf Club and included breakfast, hand waver flags, live entertainment, a jumping castle and of course the Paddle which has been a successful charity event over many years . Attendance figures were approximately 800 people including paddlers. The Australia Day Ambassador was also in attendance.
Celebration of the Survival of Aboriginal and Torres Strait Islander Peoples and Culture (Sisters for Reconciliation): This event was held at Apex Park next to the Byron Bay Surf Club and included speakers, many dancers and music. The Ambassador was also in attendance along with approximately 200 other people.
Suffolk Park Fun Afternoon (Byron Bay Rural Fire Brigade): This event was held at Gaggin Park and included a sausage sizzle (475 sausage sandwiches eaten), celebration cake, ice blocks and watermelon, hand waver flags, children's entertainment, education bags and a band. The Ambassador and between 475-500 people attended the event.
Ocean Shores Festival (Ocean Shores Community Association and the Brunswick Mullumbimby Lions Club): This event was held at the Ocean Shores Public School and included the hotly contested mullet throwing competition (all ages), a drawing competition, hand waver flags and a barbeque. The Ambassador also took part in the sports events. Approximately 200 sausages were consumed by about 150 people in attendance throughout the afternoon.
Bangalow: Unfortunately, staff were advised by the President of the Bangalow Historical Society that their Committee was not able to host their event this year.
Australia Day Project Reference Group Constitution
The objectives outlined in the PRG's Constitution and which are generally described as being:
1. Organise Australia Day Events
2. Australia Day Address – Local Resident
3. Local Australia Day Awards
4. Australia Day Ambassador – Participation in Program
have been met.
Commencement of Australia Day 2016 PRG
In previous years, Council's Australia Day PRG has coordinated Australia Day activities throughout the Shire on an annual basis. As noted in this report the Australia Day 2015 PRG is recommended to be disbanded in March 2015 following completion of its objectives. To enable the coordination of Australia Day activities for 26 January 2016 it is recommended that a PRG be established for this purpose. These activities on each Australia Day include the Australia Day Citizenship Ceremony and Local Citizen of the Year Awards.
Details, including the objectives, of the Australia Day PRG for 2016 are listed below.
Australia Day Project Reference Group
|
Name of PRG |
Objectives |
PRG Structure |
|
Australia Day PRG |
1. Organise Australia Day Events a) Australia Day Celebrations to be organised in each town if there is a PRG member to organise such event. This is to be done on a voluntary basis by the member representing that town. One of these towns is required to hold and organise the Official Ceremony as part of their Australia Day celebration. b) The Official Ceremony is to include the Australian Citizenship ceremony and Local Citizen of the Year awards. c) Celebrations are generally to be free of charge and family orientated (can recoup costs of any moneys expended outside of Council’s donation). d) Budget moneys received from Council are not to be used for the employment of professional artists. e) Events are to celebrate what is great about Australia eg. the people, our diversity, our freedom and democracy, a fair go for all, the land or our Indigenous people. f) Events are to recognise the contribution of Indigenous Australians and our multicultural heritage and celebrate the diversity that has helped shape our nation. 2. Australia Day Address - Local Resident a) Nominate a local resident to give the Australia Day Address at the Official Ceremony. 3. Local Australia Day Awards a) Develop a nomination form for Byron Shire Council Australia Day awards. b) Categorise what awards will be given. c) Call for nominations and actively promote the awards to the community as awards for people or groups who have succeeded in their chosen field or have worked tirelessly within their communities. d) Award recipients are to be chosen by a vote of the full committee. Tied votes are to be resolved by a draw from a hat.
4. Australia Day Ambassador Program a) Register with the Australia Day Council of NSW in order to participate in their Ambassador Program. b) Local identities may be utilised if the organising committee wishes to have an Australia Day Ambassador at their local event. c) If for any reason the PRG does not participate in the Australia Day Council Ambassador Program, a local identity may be utilised for the Official Ceremony's Australia Day Ambassador. The identity is to be endorsed by the PRG.
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Membership: Membership is to include up to nine members:
· 9 invited members o Byron Bay Rural Fire Brigade, Suffolk Park o Bangalow Historical Society o Rotary Club of Byron Bay o Rotary Club of Mullumbimby representing the Combined Services Clubs of Brunswick Valley o Brunswick Mullumbimby Lions Club o Ocean Shores Community Association o Brunswick Valley Historical Society o Sisters for Reconciliation o Australia Day Paddle
Convenor/Facilitator Director Corporate and Community Services and/or delegate.
Staff required: Aboriginal Projects Officer
* Staff members participating on the working group do not have any voting entitlements.
Frequency of Meetings: As needed
Time Frame to carry out objectives: Six months
Reports to: Ordinary Meeting |
In 2013 and 2014, Council resolved that the Youth Council be invited to nominate a representative to the PRG, however on both occasions there was no-one available to assist due to the time of year. On this basis a representative from the Youth Council has not been included in the 2016 Constitution.
No Councillors are required to be appointed to the PRG. Council though may appoint a Councillor as a non voting delegate to attend the meetings of the PRG.
The above invited community organisations were represented on the Australia Day PRG for events on Australia Day 2015. Due to the success of previous Australia Day events, it is recommended that the same groups be invited to join the Australia Day PRG. Council had a new community group, the Australia Day Paddle, join the Australia Day PRG which was very successful. The Paddle joined forces with the Byron Bay Rotary’s event and had a great turn out on the day. The Australia Day Paddle is a significant event that has been held annually at Byron Bay and their contribution to the PRG has been beneficial.
It is anticipated the first meeting of this PRG will be held at the beginning of October 2015.
Location of the 2016 Australia Day Official Ceremony
The location of the 2016 Australia Day Official Ceremony was considered by the 2015 PRG at its final meeting. The members felt that, although the Bangalow Historical Society were unable to join the PRG last year, that they still be invited to host the event next year as the cycle has come back to them. If they are unable to hold this event, then the Byron Bay Rotary Club advised that they are able to host the ceremony in Byron Bay in 2016 at a venue to be advised. This will need to be confirmed at the first meeting of the 2016 Australia Day Project Reference Group when established.
Financial Implications
Finalisation of Australia Day 2015 PRG
An amount of $13,100 was provided for Australia Day arrangements in the 2014-2015 budget with expenses totalling approximately $12,088 being incurred.
Commencement of Australia Day 2016 PRG
The draft 2015/2016 Budget again has an allocation $13,100 for the purpose of Australia Day 2016. This funding is proposed to be used to provide activities throughout the Shire as coordinated in previous years.
Statutory and Policy Compliance Implications
Finalisation of Australia Day 2015 PRG
Council's Delivery Program 2013-2017, CM 1.1.6 states 'Coordinate Australia Day celebrations and resource associated project reference group'.
The Constitution for the Australia Day PRG provides six months to complete its objectives.
Commencement of Australia Day 2016 PRG
The Australia Day PRG will meet in accordance with its adopted constitution.
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.2 - Attachment 1
BYRON SHIRE COUNCIL
AUSTRALIA DAY 2016
PROJECT REFERENCE GROUP
CONSTITUTION
#E2015/16582
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.2 - Attachment 1
INFORMATION
ABOUT THIS DOCUMENT
(INTERNAL USE ONLY)
|
Date Commenced: |
September 2015 |
Time Frame to carry out objectives |
6 Months |
|
Date Group to be Disbanded |
February 2016 |
||
|
Convenor/Facilitator |
Mark Arnold, Director Corporate and Community Services |
||
|
Review Timeframe |
|
||
Document History
|
Doc No. |
Date Amended |
Details Comments eg Resolution No. |
|
#E2015/16582 |
|
Draft |
Further Document Information and Relationships
|
Key Activity |
CM 1.1.6 Facilitate and support Council and Council Committees |
|
Related Legislation |
Local Government Act
1993 Section 451 |
|
Related Policies |
Code of Conduct Policy 1.8 Privacy Management Plan |
|
Related Procedures/ Protocols, Statements, documents |
Agenda Template for PRG
Meetings |
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.2 - Attachment 1
1. Preamble
2. Objectives
3. Timeframe for Group
4. Membership
5. Chairperson
6. Quorum
7. Confidentiality
8. Convenor/Facilitator
9. Voting
10. Majority Decision
11. Convening Meetings
12. Reporting
13. Meetings Open to the Public
14. Invited Guests
15. Audio Taping of Meetings
16. Vacation of Office
17. Publicity
18. Records of meetings (agenda and reports)
19. Section 377 Delegation
20. Miscellaneous
1.
Preamble
The Project Reference Group is a Group formed by Council and does not have executive power or authority to implement actions.
The role of the Project Reference Group is to carry out specific objectives as stated in this Constitution.
2. Objectives
The purpose of the Australia Day 2016 Project Reference Group is:
1. Organise Australia Day Events
a) Australia Day Celebrations to be organised in each town if there is a PRG member to organise such event. This is to be done on a voluntary basis by the member representing that town. One of these towns is required to hold and organise the Official Ceremony as part of their Australia Day celebration.
b) The Official Ceremony is to include the Australian Citizenship ceremony and Local Citizen of the Year awards.
c) Celebrations are generally to be free of charge and family orientated (can recoup costs of any moneys expended outside of Council’s donation).
d) Budget moneys received from Council are not to be used for the employment of professional artists.
e) Events are to celebrate what is great about Australia eg. the people, our diversity, our freedom and democracy, a fair go for all, the land or our indigenous people.
f) Events are to recognise the contribution of Indigenous Australians and our multicultural heritage and celebrate the diversity that has helped shape our nation.
2. Australia Day Address - Local Resident
a) Nominate a local resident to give the Australia Day Address at the Official Ceremony.
3. Local Australia Day Awards
a) Develop a nomination form for Byron Shire Council Australia Day awards.
b) Categorise what awards will be given.
c) Call for nominations and actively promote the awards to the community as awards for people or groups who have succeeded in their chosen field or have worked tirelessly within their communities.
d) Award recipients are to be chosen by a vote of the full committee. Tied votes are to be resolved by a draw from a hat.
4. Australia Day Ambassador – Participation in Program
a) Register with the Australia Day Council of NSW in order to participate in their Ambassador Program.
b) Local identities may be utilised if the organising committee wishes to have an Australia Day Ambassador at their local event.
c) If for any reason the PRG does not participate in the Australia Day Council Ambassador Program, a local identity may be utilised for the Official Ceremony's Australia Day Ambassador. The identity is to be endorsed by the PRG.
The objectives have been confirmed by Council on <date adopted>.
3. Timeframe for Group
The Project Reference Group has 6 months to complete its objectives.
This group will be disbanded in February 2016.
The Council may dissolve the Group at any time.
4. Membership
Membership is to include up to 9 members (for example):
· 9 community organisations represented
o Ocean Shores Community Association
o Sisters for Reconciliation
o Rotary Club of Byron Bay
o Rotary Club of Mullumbimby representing the Combined Services Clubs of Brunswick Valley
o Brunswick Mullumbimby Lions Club
o Byron Bay Rural Fire Brigade, Suffolk Park
o Bangalow Historical Society
o Brunswick Valley Historical Society
o Australia Day Paddle
· relevant staff member(s).
o Mark Arnold, Director Corporate and Community Services, or their delegate
o Aboriginal Projects Officer
* Staff members participating on the working group do not have any voting entitlements.
Members were appointed by Council on <date adopted>.
5. Chairperson
The Chair of the PRG is elected from Councillors nominated to the PRG, to be determined at the first meeting. If there are no Councillors on the PRG, then the PRG is chaired by the relevant staff member.
6. Quorum
A quorum is to constitute at least half the number of members, ie. 5 members (if a total of 9 appointed).
* Staff members or the Councillor are not counted as part of a quorum.
7. Confidentiality
Members of the Project Reference Group will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.
8. Convenor/Facilitator
The Convenor/Facilitator of the Project Reference Group in most cases will be the staff member unless otherwise decided by the Council.
9. Voting
Each member of the Group (with the exception of the staff members) is to have one vote. If the vote is tied on any particular matter it will be referred to an Ordinary Meeting for determination.
10. Majority Decision
A requirement that a majority decision of the Group comprises a majority of the invited representative members present and voting on any item subject to the requirements of a quorum being met at the meeting.
11. Convening Meetings
Meetings to be held as required.
12. Reporting
a) The reports of meetings (Minutes) are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.
b) The project reference group reports to Council.
13. Meetings Open to the Public
PRG
meetings are not public meetings as they have no executive function. Public
transparency is provided for when the reports of these meetings are reported to
Council.
14. Invited Guests
The PRG Convenor may request to seek further expertise and consultation as agreed to by the Group and if necessary arrange attendance of a person providing the expertise at a PRG meeting. Any request for information to be at no cost to Council unless a budget is allocated by Council and the expenditure has been authorised in writing by staff with requisite delegations.
15. Audio Taping of Meetings
A PRG meeting may be recorded. If the meeting is being recorded, all PRG members will be advised of this and it will be noted in the Report of that meeting.
Recordings of PRG meetings may involve the recording of personal information provided at the meeting. The recordings will be made to assist with the administration of the PRG. The provision of any information that is recorded is voluntary, however, if any person does not wish to be recorded they should not address the meeting.
The recordings may be made available to other persons where such access is in accordance with the relevant regulations and requirements in this regard, such as under the Local Government Act 1993 or the Government Information (Public Access) Act 2009. The recordings where made will ultimately be stored in Council’s document storage system.
16. Vacation of Office
Any Project Reference Group member wishing to resign from the group shall do so in writing.
Invited Members: If an invited member on the Group who represents an Organisation resigns, an invitation to the Organisation for an alternate delegate will be requested. If no alternate delegate is nominated by the Organisation then that position will become redundant.
Community Members: If a community member resigns and if more than half of the timeframe to complete the PRG’s objectives still exists and an alternate delegate has been resolved by Council then that person appointed by Council as an alternate delegate will then be appointed as the new community member. If no alternate delegate has been appointed by Council or the alternate delegate declines to accept the vacant position then that position will become redundant.
17. Publicity
PRG members unless authorised by Council are not to promote or advertise the group’s activities.
18. Records of meetings (agenda and reports)
a) The Convenor/Facilitator of the Group will prepare the Agenda, Progress Reports and Action lists of the Group’s meetings formatted in accordance with Council’s templates.
b) The reports of meetings (minutes) are to be circulated to members of the group within 7 days of the meeting so that member can provide feedback through the Chair on the draft unconfirmed minutes.
c) The reports of the Group’s meetings are to be reported to Council or the Strategic Planning Committee when required. The PRG’s web page will indicate what meeting Council will be considering the PRG’s reports.
d) If the PRG considers necessary, reports from each PRG meeting may be placed on Council’s web page for access by the public and Councillors after each meeting.
e) If the time frame allocated to complete the objective(s) is 6 months or more the Group is to provide a progress report quarterly to Council on its progress.
f) At the end of the Group’s term a final status report be presented to Council on the outcomes of each objective.
19. Section 377 Delegation
The Project Reference Group does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff.
20. Miscellaneous
Insurance: All group members are covered by the public liability policy of Council insofar as they are acting in their capacity as a group member, within the scope of the PRG’s Terms of reference and in accordance with the Code of Conduct and statutory obligations. This insurance does not preclude the working group from due diligence and all Council policies must be adhered to.
Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.
Pecuniary Interest: Pecuniary Interest may be defined as an interest that a person has in a matter, as a group member or employee of a company or other body, because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person, or another person with whom the person is associated. Such other person includes the spouse or de-facto partner or relative of the group member.
Section 446 of the Local Government Act states that:
“a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests..”
Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.
Privacy: All group members are to abide by
Council’s Privacy Management Plan (see http://www.byron.nsw.gov.au/publications?P ) relating to their access to personal information.
Meeting Practice: If any other issue arises regarding meeting practice not covered under this constitution, it be referred to the General Manager or delegate or if required Council for a determination to be made.
Staff Reports - Corporate and Community Services 13.3
Report No. 13.3 Section 355 Management Committees - resignations and appointments
Directorate: Corporate and Community Services
Report Author: Gayle McCallum, Governance Officer
File No: I2015/214
Theme: Corporate Management
Administrative Services
Summary:
Council has received the following resignations and appointment requests as follows:
· Ocean Shores Community Centre Section 355 Management
Committee – resignation received from Cr Diane Woods, appointment of the
alternate delegate Cr Chris Cubis as the Councillor representative to this
Committee.
· Heritage House Bangalow – resignation received from
Patricia Bleakley
· South Golden Beach Community Centres – resignations
received from Liz Caddick and Elissa Pelling
· Brunswick Valley Community Centre – resignation from
Gail Bridgman
Information on the membership on the Committees are included in the report.
This report aims to officially accept the resignations and thank each person for their role on these management Committees.
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RECOMMENDATION: 1. That with regard to the Ocean Shores Community Centre Section 355 Management Committee Council:
a) Accept the resignation from Cr Diane Woods and thank Cr Woods for her past contribution on this Committee.
b) Endorse the appointment of the alternate delegate Cr Chris Cubis as Councillor’s representative on this Committee.
2. That Council accept the resignation from Patricia Bleakley on the Heritage House Bangalow Section 355 Management Committee and officially thank her for her contribution on this committee.
3. That Council accept the resignations from Liz Caddick and Elissa Pelling on the South Golden Beach Section 355 Management Committee and officially thank them for their contribution of this committee.
4. That Council accept the resignation from Gail Bridgman on the Brunswick Valley Community Centre Section 355 Management Committee and officially thank her for her contribution on this committee.
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Report
Ocean Shores Community Centre Section 355 Management Committee
A resignation has been received from Cr Diane Woods as Councillor representative on the Ocean Shores Community Centre Section 355 Management Committee and a request made for the formal appointment of the alternate delegate Cr Chris Cubis as the Councillor representative to this Committee.
Current Membership
Councillor
Cr Chris Cubis
Community Committee Members
Pauline Kapral
Betty Lloyd
Helen Graveson
Leah Kapral
Paula Cordeiro
Committee update: The Committee members recently held with the assistance of staff, a Strategic Planning meeting at Council, to help them develop a Plan for the Centre. Council will be offering the Committee members further training on their responsibilities and best meeting practices. The Committee are presently organising a community open day to be held on 9 May 2015 and have recently launched their own web site at http://oceanshorescommunitycentre.org.au/
Management Comments: That Council accept the resignation from Cr Diane Woods and appoint Cr Chris Cubis as the Councillor representative on this Committee. Council may wish to appoint an alternate delegate.
Heritage House Bangalow Section 355 Management Committee
Council has received a resignation from Patricia Bleakley from the Heritage House Bangalow Section 355 Management Committee.
Current Membership
Councillors
Cr Basil Cameron
Alternate Delegate, Cr Sol Ibrahim
Community Committee Members
Margaret Brown
Don Osborne
Rita Cowled
Stephanie King
Wendy Grissell
John Sourry
Phil McLean
Elaine Moyle
Committee Update: After a small break the Historical Society members have reopened the Tea House at the Heritage House. They are proposing to lodge a S96 application with Council to extend the days they can operate. To date the Tea House has been operated by volunteers and they are researching the engagement of contractors to assist them with its operation. It is proposed a regular donation from the Historical Society to the Section 355 Committee will be made to assist with the operating and maintenance costs of the House. The Fees and Charges for the hire of the facility will be increased in 2015/2016 to be comparable to the costs of hiring similar halls and venues in the vicinity and to also assist with operating and maintenance costs.
Management recommendation: That Council accept the resignation received from Patricia Bleakley from the Heritage House Bangalow Section 355 Management Committee. It is noted that no replacement representative was requested.
South Golden Beach Section 355 Management Committee
Council has received advice of resignations from Liz Caddick and Elissa Pelling from the South Golden Beach Section 355 Management Committee.
Current Membership
Councillors
Cr Basil Cameron
Alternate Delegate, Cr Simon Richardson
Community Committee Members
Michele Clark
Angela Dunlop
Kathy Norley
Sergio Scudery
Jacqueline Walsh
Robyn Quinn
Committee Update: The Committee is waiting for the commencement of the approved alterations and additions to the South Golden Beach Community Centre. Council is awaiting advice from the approved Contractors to advise of the commencement of these works and will then be able to advise the committee of a timeline for the proposed works. The committee will be in semi abeyance whilst this work is being carried out, as there will be no hirers generating income or expenditure on the facility.
Management recommendation: That Council accept the resignations received from Liz Caddick and Elissa Pelling from the South Golden Beach Section 355 Management Committee. It is noted that no replacement representatives have been requested at this time.
Brunswick Valley Community Centre Section 355 Management Committee
Council has received a resignation from Gail Bridgman from the Brunswick Valley Section 355 Management Committee.
Current Membership
Councillors
Cr Diane Woods
Alternate Delegate Cr Duncan Dey
Community Committee Members
Jennifer Moore
Colin Munro representing Byron Shire Respite Service
Fran Leske representing Brunswick Valley Meals on Wheels
Committee Update: The Committee advise that a regular existing service, being Brunswick Heads Community Care Council, did not apply for funding for 2015 and as such there is no service at Brunswick Heads. Liberation Larder is assisting with food handouts. A regular user being the Bridge Club has relocated to another venue, hence the resignation from Gail Bridgman who was representing that group on the committee.
Management recommendation: That Council accept the resignation from Gail Bridgman from the Brunswick Valley Community Centre Section 355 Management Committee. At the committee’s request Council is presently advertising for new members to assist with the management of the facility.
Financial Implications
Nil
Statutory and Policy Compliance Implications
Section 355 Management Committees operate under Section 355 Committee Guidelines which is available on Council’s web site at http://www.byron.nsw.gov.au/section-355-committees
With regard to Committee Membership the guidelines state:
3.2 Committee Membership
The Committee membership will number not less than four (4) and not more than twelve (12) members as appointed by Council including office bearers unless otherwise decided by Council. Council reserves the right to appoint a Councillor to each Committee.
All Committees are presently meeting the Guidelines.
Further information, including meeting minutes for all Section 355 Committees, can be found on Council’s Web site http://www.byron.nsw.gov.au/section-355-committees
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.4
Report No. 13.4 Section 356 Donations - Reimbursement of Application Fees, Bangalow Park Trust Section 355 Management Committee
Directorate: Corporate and Community Services
Report Author: Gayle McCallum, Governance Officer
File No: I2015/216
Theme: Corporate Management
Administrative Services
Summary:
Council has received a request from the Bangalow Park Trust Section 355 Management Committee for refund of application fees paid for alterations and additions to buildings at the Showgrounds under the management of the Section 355 Committee.
Council can consider this matter under Council Policy “Section 356 Donations to Community Groups – Reimbursement of Council Application Fees”.
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RECOMMENDATION: 1. That Council reimburse the Development Application fee paid totalling $1,632.00 to the Bangalow Parks Trust Section 355 Management Committee.
2. That the Committee be invited to reapply for further reimbursement of application fees paid after the completion of Stage 2 of the project.
3. The Committee be congratulated on obtaining the grant funding with the Crown Lands and the completion of Stage 1 of the project at the Showground.
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1 Stage 1 works Rotunda at Bangalow Showground, E2015/17141 , page 42
2 Letter from Bangalow Park Trust requesting reimbursement of application fees, S2015/2052 , page 43
Report
Council as the Reserve Trust Manager considered a report on
the lodgement of a Development Application on behalf of the Bangalow Park Trust
Section 355 Committee for alterations and additions to buildings and change of
use at the Bangalow Showground. Council resolved on 29 August 2013 as
follows:
13-441 Resolved:
1. That as Reserve Trust Manager of the Bangalow Park Showground Reserve Trust, the Reserve Trust Committee:
a) support the development application as shown at Annexure 4(a) (#E2013/50714); and
b) authorise the General Manager to apply to the Crown Lands Division of NSW Trade and Investment for owner’s consent to lodge the development application as shown at Annexure 4(a) (#E2013/50714).
2. That the Bangalow Park Trust Management Committee pay the $65.70 application fee to Crown Lands Division to make application for the granting of owner’s consent to lodge the development application.
The Bangalow Park Trust Section 355 Management Committee were successful in obtaining a Grant funding from the NSW Department of Trade and Investment, Crown Lands, of $36,660 with matching funding from the Committee for Stage 1 of the project.
Stage 1 works have been completed as shown at Attachment 1 and the grant moneys have be successfully acquitted with Crown Lands.
Stage 2 of the works, being level 2 of the Rotunda, replace roof and ancillary work is to commence as soon as possible. The Committee is seeking further grant moneys from Crown Lands in its next round of Public Reserves Management Fund Program (closing 10 April 2015) with matching funding from the Committee’s own funds.
Application fees paid to Council for the alterations and additions are as follows:
10.2013.418.1 Development Application (approval 15/1/2014) $1,632.00
DA Fee $1052.00
Advertising $295.00
Change of Use $285.00
11.2013.418.1 Construction Certificate $3,257.00
60.2014.1129.1 Plumbing and Drainage Works $535.00
61.2014.33.1 Trade Waste Approval $226.00
Total $5,650.00
The Bangalow Parks Trust Section 355 Management Committee are now applying for reimbursement of application fees paid to Council in accordance with Council Policy Section 356 Donations to Community Groups. The moneys reimbursed to the Committee will go towards Stage 2 of the project.
There is $2,000 available for reimbursement of application fees associated with development and alterations to community facilities under Policy Section 356 Donations to Community Groups - Reimbursement of Application Fees.
It has been recommended to reimburse the Committee the Development Application fee of $1,632 and invite them to apply again for further reimbursement, if budget moneys are available, after completion of Stage 2 of the development.
Financial Implications
Council presently has $2,000 set aside in the Budget (2341.009) for reimbursement of application fees to community groups.
If the recommended reimbursement is made there will $368 remaining in the Budget.
Statutory and Policy Compliance Implications
Section 356 Donations to Community Groups – Reimbursement of Council Application Fees Policy can be found of Council’s Web Site at http://www.byron.nsw.gov.au/policies
Staff Reports - Corporate and Community Services 13.5
Report No. 13.5 Proposed CCTV system in Byron Bay - ongoing maintenance and monitoring
Directorate: Corporate and Community Services
Report Author: Joanne McMurtry, Community Policy Officer
File No: I2015/222
Theme: Society and Culture
Community Services – Community Development
Summary:
This report has been prepared to provide, in accordance with Part 2 of Resolution 14-370, an update on investigations undertaken and the progress achieved to date on the Byron Bay CCTV project, including the progress of Part 1 of Resolution 14-370.
Resolution 14-370 reads as follows:
Resolved that Council:
1. Seek partners committed to on-going operating costs of the CCTV system (estimated at $80,000 per year) and/or find partners to collect the data and maintain the system (eg NSW Police).
2. Receive a report on the progress of part 1 of this resolution, prior to Milestone 8 within the Commonwealth Grant Agreement.
This report also includes the current Project Timetable (refer Table 2), developed following a review of the Project Timetable set out in the Commonwealth Funding Agreement (refer Table 1), which includes the amendments made by Council in Part 3 of Resolution 14-369.
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RECOMMENDATION: That Council note the report.
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1 DRAFT - community safety camera program Code of Practice, E2015/14486 , page 50
2 Confidential - DRAFT - Community safety camera program - Standard Operating Procedures, E2014/46441
3 Confidential - DRAFT - Memorandum of Understanding - community camera safety program - Council and NSW Police , E2015/13032
4 Response from Byron United re CCTV ongoing monitoring and maintenance support, E2015/17636 , page 58
Report
Project Background
Council on 15 May 2014 received a letter of invitation from the Federal Attorney General’s Department to apply for funds for CCTV and appropriate lighting in Apex Park (near Beach Hotel Precinct in Bay Street) and Jonson Street (ending at Kingsley Street), Byron Bay.
Council at its Ordinary meeting held on 22 May 2014, following consideration of the invitation resolved to apply for the grant (refer Resolution 14-226), and then following consideration of a further Report on the subsequent funding offer to the Ordinary meeting held on 7 August 2014, to accept the funds on the basis detailed in the following two resolutions:
Council resolved 14-369:
1. That Council accept the offer of a grant of $200,000 under section 298 of the Proceeds of Crime Act 2002 (POCA) for the CCTV in Apex Park and Jonson Street project.
2. That Council consider the allocation of funding of up to the amount necessary for ongoing monitoring/operations as part of a future Quarterly Budget Review or Annual Budget process, consistent with the project delivery timetable identified in the funding agreement.
3. That Council request the following amendments to the draft Commonwealth Grant Agreement (Annexure 20(b) #E2014/51438):
a) In Deliverable i. delete the reference to 'live' monitoring'.
b) The Activity Schedule in point 7, need to be amended to have 'steps 3, 4 & 5' changed to 'steps 2, 3 & 5'
c) Payment 4 in Payment Schedule in D. Payment of the Grant be aligned to
Milestone #11, being the Final Report.
d) The Project Budget be amended to the amount of the Grant offered of $200,000, and that any reference to an in-kind contribution by Council of $50,000 in the draft Agreement be deleted, including under G1 Other Contributions, G2 Activity budget in both the Income and Expenditure Tables.
e) The number of CCTV cameras at each of the Project locations be reduced by 3 and the Project Budget amended as follows:
Recording & Storage System (including WiFi setup and installation) $38,000
CCTV installation Apex Park (including 8 cameras) $58,500
CCTV installation Jonson Street (including 8 cameras) $58,500
Additional lighting $45,000
$200,000
AND
14-370 Resolved that Council:
1. Seek partners committed to on-going operating costs of the CCTV system (estimated at $80,000 per year) and/or find partners to collect the data and maintain the system (eg NSW Police).
2. Receive a report on the progress of part 1 of this resolution, prior to Milestone 8 within the Commonwealth Grant Agreement.
The following actions have been undertaken in relation to the implementation of Resolution 14-369:
1) the Commonwealth Grant Agreement was amended and executed (refer Milestone 1). Below in Table 1 is an excerpt from the agreement showing the Milestones and key dates amended by Council in Part 3 of Resolution 14-369. The Project Milestones and key dates have subsequently been reviewed and the revised Project timetable is shown in Table 2.
2) Based on preliminary advice about the ongoing costs of monitoring and operations of the CCTV system, $50,000 has been included in the draft budget for 2015/16 financial year. Any contribution forthcoming from partners would be used to offset these costs.
Table 1 – Project Milestones and key dates (Excerpt from the Commonwealth Funding Agreement with Byron Shire Council for the Safer Streets Programme)
Table 2 – Revised Project Milestones and key dates
|
No. |
Milestone |
Date |
|
1 |
Execution of Funding Agreement |
August 2014 |
|
2 |
Technical requirements for the CCTV camera installation, including an audit and assessment of any additional lighting requirements in Apex Park and Jonson Street determined |
December 2014 |
|
3 |
Draft policy, guidelines, code of practice and operating procedures for the installation of CCTV cameras for consultation purposes developed |
March 2015 |
|
4 |
Progress Report 1 |
April 2015 |
|
5 |
Stakeholder and community consultation completed |
April 2015 |
|
6 |
Completion of the upgrade of lighting in Apex Park and Jonson Street |
July 2015 |
|
7 |
Finalise policy, guidelines, code of practice and operating procedures, complaints mechanism, MOU’s with partners such as Police etc. based on feedback from milestones 2, 3 & 5 |
July 2015 |
|
8 |
Undertake a request for tender procurement process in accordance with the Council’s Tendering Guidelines for the final design and installation of the CCTV camera system |
April 2015 |
|
9 |
Completion of installation of CCTV cameras and additional lighting |
November 2015 |
|
10 |
Progress Report 2 |
December 2015 |
|
11 |
Initial six month review and evaluation of the project |
May 2016 |
|
12 |
Final Report |
May 2016 |
Table 2 – Revised Project Milestones and Key Dates for the Safer Streets Programme
The revision of the project timetable has brought forward the dates for the project milestones identified in the Commonwealth Funding Agreement and will see the project completed prior to Schoolies in 2015 rather than in April 2016.
This report provides an update on investigations undertaken and progress achieved to date on the implementation of the Byron Bay CCTV project, including the progression of Part 1 of Resolution 14-370. In accordance with Part 2 of Resolution 14-370 this report was requested by Council, prior to commencing with Milestone 8, which is to undertake a Request for Tender process.
Design of CCTV System (Milestone 2)
An Expression of Interest for the design of the CCTV system (technical specifications) was advertised in The Echo for three (3) weeks during November 2014. Expressions of Interest closed on Friday 5 December 2014. The appointed consultant commenced investigations in January 2015 and the final technical specifications have been delivered to Council for incorporation into the Request for Tender to ‘supply, install and maintain CCTV systems in Byron Bay’ documentation.
Preparation of Associated Project Documentation (Milestone 3 &7), Stakeholder Consultation (Milestone 5)& Lighting Audits and Upgrades (Milestone 6)
Council staff have also commenced work on a number of other important documents and considerations in preparation for the installation of the CCTV system, which include:
1) Key land owners have been contacted regarding the proposed project – Crown Lands Division, Marine Parks Authority, National Parks and Wildlife, Essential Energy.
2) Work has begun on a benchmark crime assessment on which to evaluate the program in future years.
3) Lighting audits have been conducted and assessments of Council infrastructure required for installation of the CCTV system.
4) A draft Code of Practice was developed and is attached (E2015/14486).
5) A draft Standard Operating Procedure was developed and is a confidential attachment (E2014/46441).
6) A draft Memorandum of Understanding with Police has been developed and is included as a confidential attachment (E2015/13032).
7) Discussions regarding agreements with lessee’s and private landholders have been commenced in terms of housing the equipment.
Consultation with Key Stakeholders (refer Resolution 14-370)
In accordance with resolution 14-370, Council has consulted with potential partners regarding the ongoing monitoring and maintenance costs of the CCTV system. The following information is provided on this process.
A Community Safety Camera Program Working Group was convened with representatives of NSW Police (Tweed- Byron Local Area Command), Byron United and the Byron Bay Liquor Accord being invited members on the Working Group. The Working Group has met to firstly discuss the draft CCTV System design and to provide feedback to the Consultant on the proposed camera locations, and secondly to discuss the ongoing monitoring and maintenance costs of a CCTV system. Staff have also written to the potential partners and requested a formal response to Council resolution 14-370 in terms of becoming partners for ongoing maintenance and monitoring of the system.
As mentioned previously, a Memorandum of Understanding (MOU) has been devised in collaboration with NSW Police. The MOU outlines Police responsibilities and Council responsibilities as the owner of the CCTV system. Under the MOU a monitor will be located in the Byron Bay Police Station where on duty police officers will be able to view a live feed from the camera’s, and review footage previously captured (within the limits of recorded footage available), but will have no capacity to record images. The Police have been very clear that in no way do they commit to responding to any incidents viewed on the camera’s, however they have recognised that having live feed from the camera’s will be an important tool in their task of keeping law and order in Byron Bay.
The Police have also confirmed that due to State Government Policy, that the NSW Police Service would not contribute to the operating and maintenance cost of the CCTV System.
Both Byron United and the Byron Bay Liquor Accord have indicated in discussions that it is unlikely that their members would be in a position to provide funds for the ongoing monitoring and maintenance of the system. Formal responses have been requested from both organisations. The Byron United response is attached to this report. No response has been received from the Byron Bay Liquor Accord at the time of preparing this report.
Next Steps
The Request for Tender documentation has been drafted, with the intention to call through an open tender process, tenders for the supply, installation and maintenance of the CCTV systems in Byron Bay. The Tender process is scheduled to commence on 21 April and close on 13 May 2015. This step in the Project (refer Table 1) was originally scheduled to commence in November 2015.
A report is expected to be presented to Council on the Tender evaluation at 16 July 2015 Ordinary meeting to enable Council to determine the successful Tenderer. It is understood from the advice provided to date by the Consultant engaged to design the CCTV System that the successful Tenderer would require between 4 to 6 weeks following the execution of the Contract to procure the equipment and the infrastructure required and that the installation would take between 2 to 3 weeks.
It is anticipated that any additional telecommunication infrastructure required to support the CCTV System could be sought by Council and installed concurrently with the procurement and installation process.
Financial Implications
As advised in the body of the report, based on preliminary advice about the ongoing costs of monitoring and operations of the CCTV system, $50,000 has been included in the draft budget for 2015/16 financial year. Any contribution forthcoming from partners would be used to offset costs.
Council may also, pending the responses received from the potential partners, consider in the preparation of future Budgets a levy to fund or contribute to the ongoing monitoring and maintenance costs of the CCTV system in Byron.
Statutory and Policy Compliance Implications
· NSW Government Policy Statement and Guidelines for the Establishment and Implementation of Closed Circuit Television in Public Spaces (2000)
· Community Safety Camera Program Cost of Practice (currently in draft form)
· Community Safety Camera Program Standard Operating Procedures (currently in draft form)
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 13.5 - Attachment 1
Community Safety Camera Program
Code of Practice
March 2015
1. INTRODUCTION
1.1 Byron Shire Council (Council) is committed to partnering with the Byron Shire community and law enforcement agencies to prevent crime.
1.2 Council’s Community Safety Camera Program (the CSCP) is one of several initiatives designed to facilitate greater community safety by preventing crime in the Byron Bay central business district (CBD). The CSCP assists Council, the Byron Shire community and the NSW Police to work together to help provide safer public spaces and prevent crime levels by facilitating the detection and prosecution of offenders and by deterring potential offenders.
1.3 One element of the CSCP is the installation of community safety camera (cameras) in the Byron Bay central business district. Council was the recipient of Australian Government funds ($200,000) for CCTV and appropriate lighting in Apex Park and Jonson Street Byron Bay.
1.4 It is recognised that safety cameras cannot prevent all crime. However, cameras can assist in preventing crime and enhancing the use of public space by all members of the Byron Shire community.
2. CAMERA PURPOSE
2.1 Under section 24 of the Local Government Act 1993 (NSW), Council is able to provide goods, services and facilities, and carry out activities, appropriate to the current and future needs of the Byron Shire community and of the wider public, subject to the law.
2.2 In working with the NSW Police and Byron Shire community, crime prevention is one of Byron Shire Council's functions. Following from this, the primary purpose of installing safety cameras is to assist in the prevention of crimes against the person, including, but not limited to, assault-related offences.
3. CODE OF PRACTICE
3.1 Along with its commitment to making Byron Bay a safe place for residents and close to 1.5 million annual visitors, Council is also committed to protecting the privacy of residents and tourists.
3.2 Council recognises that cameras in the Byron Bay central business district will collect personal information of residents and visitors as defined by section 4(1) Privacy and Personal Information Act 1998 (NSW) (the PPIP Act).
3.3 The Act imposes a series of personal information principles (PIPs) on Council where it collects personal information. Council takes it obligations under the PPIP Act very seriously. This Code of Practice (the Code) is designed to ensure Council's complies with the Act regarding how personal information obtained from cameras is collected, managed and used.
3.4 This Code contains the standards by which the cameras will operate.
4. STANDARD OPERATING PROCEDURES
4.1 The Code is supplemented by a set of Standard Operating Procedures (SOPs) which instruct the day to day operation of the Code.
4.2 The SOPs form part of the Code.
5. GUIDING PRINCIPLES
The Code is based on the guiding principles set out at Schedule 1.
6. NSW GOVERNMENT GUIDELINES ON CCTV
6.1 In installing and operating cameras, Council has followed the process outlined in the NSW Government Policy Statement and Guidelines for the Establishment and Implementation of Closed Circuit Television in Public Spaces (2000) (the Guidelines).
7. CAMERA SYSTEM LOCATIONS
Community safety camera locations are outlined at Schedule 2.
8. COUNCIL RESPONSIBILITIES
8.1 Council is responsible for the introduction and implementation of the Code and for ensuring compliance with the principles contained in the Code.
8.3 Council retains ownership of and has copyright in all equipment, footage, images and documentation pertaining to its community safety cameras.
8.4 Council will, subject to its annual operating plan, maintain the cameras to ensure their effective operation.
8.5 Council staff authorised to operate, monitor and retrieve recorded footage and materials from the cameras (authorised officers) shall undertake their duties under the authority of Council and shall receive appropriate training.
8.6 Council is required to investigate any alleged breach of the Code. If a breach is found to have occurred, Council will remedy that breach to the extent possible under the Code.
8.7 A breach of the Code by authorised officers will be dealt with in accordance with any relevant staff agreements, awards, industrial agreements, contracts and Council policies, including Council’s Code of Conduct Policy and Procedures for the Administration thereof.
8.8 Council will make copies of the Code available to the public through Council's website.
8.10 Council staff will be advised about the camera operation in accordance with the provisions of the Workplace Surveillance Act 2005 (NSW).
9. GUIDELINES FOR NSW POLICE ACCESS TO SAFETY CAMERAS
9.1 The NSW Police is a partner of Council in the CSCP.
9.2 Council and the NSW Police will comply with guidelines regulating NSW Police access to the community safety cameras.
9.4 The Guidelines are to be read in conjunction with the Code and SOPs.
10. INFORMATION ABOUT CAMERA OPERATION
10.1 Council will install clearly visible signs near each camera location in Schedule 2 advising members of the Byron Shire community of the presence of cameras in that location.
10.2 The signs will:
10.2.1 Allow people entering the affected areas to make a reasonable approximation of the area covered by the cameras;
10.2.2 Inform the community that cameras are recording 24 hours per day;
10.2.3 Explain that the purpose for which safety camera footage is being collected is crime prevention;
10.2.4 State that the intended recipients of the footage will be Council and, where relevant, the NSW Police;
10.2.5 Inform the community that the cameras are subject to the provisions of the PPIP Act;
10.2.6 Identify Council as the owner of the cameras; and
10.2.7 Provide Council contact details should community members require further information, access to personal information or to make a complaint.
11. CONFIDENTIALITY
11.1 No personal information as defined by the PPIP Act and collected by the cameras will be disclosed to a third party unless authorised by the PPIP Act.
11.2 No information relating to the technical operation of the community safety cameras, including the SOPs or maintenance procedures, will be published.
11.3 Council's authorised officers and contractors will be required to enter into a confidentiality agreement before they can access the equipment.
12. INQUIRIES AND COMPLAINTS
12.1 Inquiries or complaints in relation to any aspect of the management or operation of the cameras may be made in writing to Council in accordance with Council’s Complaints Management Policy and Privacy Management Plan to:
The General Manager
Byron Shire Council
70-90 Station St
MULLUMBIMBY 2482
Telephone on 02 6626 7000 or email to council@byron.nsw.gov.au
12.2 The PPIP Act authorises the Privacy Commissioner to receive and investigate complaints about alleged violations of privacy. Any member of the public is entitled to lodge a complaint with the Privacy Commissioner regarding this Code.
12.3 All media enquiries and statements regarding the CSCP are to be dealt with in accordance with Council’s Media Policy.
12.4 Media enquiries relating directly to Police matters should be directed to the Tweed-Byron Local Area Command.
13. CSCP MONITORING AND REVIEW
13.1 An audit will be conducted 12 months after the CSCP's commencement, and every year following, to ensure the CSCP is implemented in accordance with this Code and the SOPs.
13.2 The audit will be undertaken by a CSCP audit team, including authorised representatives of Byron Shire Council and Tweed-Byron Police Command, and will include a member of Council’s Internal Audit Team. Each member of the audit team should be conversant with this Code, the SOPs and the Guidelines.
13.3 The audit shall include a review of:
13.3.1 All requests for CSCP footage within the period;
13.3.2 All incident report forms completed during the period;
13.3.3 CSCP footage storage provisions and procedures;
13.3.4 CSCP footage deletion and destruction provisions and compliance; and
13.3.5 Council and NSW Police compliance with all procedures and documentation as required.
13.4 To protect the privacy of Byron Shire community members whose personal information is collected by the CSCP, no member of the CSCP audit team will have the right to release information gathered as part of the audit process to any individual or organisation.
13.5 The audit team will provide a written report of its findings to Council's General Manager within 28 days of completing an audit.
13.6 Upon receiving a report under 13.5 the General Manager will take steps to remedy any breach of the Code identified in the audit report.
13.7 The General Manager will provide a report to Council in relation to any action taken under 13.6.
14. CSCP EVALUATION
14.1 Council will conduct an evaluation of the CSCP's outcomes in consultation with NSW Police 12 months after the CSCP's operational commencement and annually thereafter. The evaluation of the CSCP will include:
14.1.1 An assessment of its impact upon crime prevention, both in areas covered by the safety cameras and neighbouring areas, as demonstrated through reported crime rates pre and post system implementation;
14.1.2 An assessment of its impact on detection and prosecution of offenders through consideration of number of retrievals of footage and the number of investigations and prosecutions supported by CSCP footage;
14.1.3 An assessment of its impact upon crime prevention in neighbouring areas, giving consideration to potential displacement, as well as reduction of crime; and
14.1.4 Community views regarding the CSCP's operation.
14.2 The evaluation will be undertaken by the Director Infrastructure Services in conjunction with NSW Police and other relevant stakeholders.
14.3 The evaluation be provided to Council's General Manager within 28 days of its completion.
15. CODE VARIATIONS
15.1 A minor change to the Code may be made with the agreement of the General Manager of the Council.
15.2 Minor changes will be advised to Councillors.
15.3 A minor change would include any change as may be required for the purposes of adjustment or clarification of the Code.
15.4 An example of a minor change is the replacement of one brand of video recorder with another or a change to the wording of a particular section of the Code where its meaning might otherwise be ambiguous.
15.5 A major change to the Code can only be made after consultation with relevant stakeholders and upon the agreement of the Council.
15.6 A major change is any change that will have a significant impact upon the operation of the Code.
15.7 An example of a major change is a change to the purposes of the system or a proposal to install further permanent cameras.
15.8 The consideration and/or introduction of any major change to the Code will be included in the audit report under clause 13.
Schedule 1 – CSCP Guiding Principles
1.2 Byron Bay's community safety cameras will be operated fairly and transparently and according to law.
1.2 Community safety cameras subject to this Code will only be used for the purpose of identifying criminal activity and thereby assisting to prevent further criminal activity in the Byron Bay CBD.
1.3 Community safety cameras will be operated with due regard to the privacy and civil liberties of individual members of the Byron Shire community.
1.4 Council has primary responsibility to protect the public interest in relation to the CSCP.
1.5 Council will undertake regular review and evaluation of the community safety cameras to identify whether the cameras are achieving their purpose.
1.6 The Byron Shire community will be provided with clear and easily accessible information regarding the community safety cameras.
1.7 The NSW Police are a partner to the CSCP and will act in accordance with the Code, SOPs and Guidelines.
Schedule 2 – Camera locations
2.1 Camera locations in the Byron Bay central business district have been determined on the basis of crime statistics provided by the NSW Police and the results of 2008 Community Safety Audit of Byron Bay CBD.
2.2 A total of 22 community safety cameras have been installed at the following locations:
2.2.1 Camera location 1 – Apex Park (cameras 1-5)
2.2.2 Camera location 2 – Bay and Jonson Streets (cameras 6-8)
2.2.3 Camera location 3 – Lawson and Jonson Streets (cameras 9-13)
2.2.4 Camera location 4 – Jonson Street at Lawson Lane (camera 14)
2.2.5 Camera location 5 – Byron and Jonson Streets (camera 15-16)
2.2.6 Camera location 6 – Railway Park (cameras 17-20)
2.2.7 Camera location 7 – Transport hub, Jonson Street (cameras 21-22)
2.3 The camera locations are represented in red in the 'area of scope' image below.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.6
Staff Reports - Sustainable Environment and Economy
Report No. 13.6 Submissions received on the exhibition of Draft 2012 Developer Contributions Plan (Amendment 3).
Directorate: Sustainable Environment and Economy
Report Author: Christopher Soulsby, Development Contributions Officer
File No: I2015/101
Theme: Ecology
Development and Approvals
Summary:
The purpose of this report is to have Council consider the submissions made with respect to the exhibition of Draft 2012 Developer Contributions Plan (Amendment 3) and for Council to resolve to make the draft plan with some amendments. The amendments are minor and relate to adding additional works into the plan for the upgrading of the Mullumbimby Drill Hall and to alter the description of the energy efficiency works at the Cavanbah Sports Centre.
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RECOMMENDATION: 1. That
Council approve the 2012 Developer Contributions Plan (Amendment 3) as
exhibited subject to inclusion of the following amendments: a) Amend
the Mullumbimby Community Facilities works schedule by including the
information shown in table 3 included in this report and the consequential
changes in the rates per standard dwelling unit as shown in table 4. b) Amend
the Shire Wide Open Space Works Schedule by altering the description of works
at the Cavanbah Sports Centre as follows: “Energy efficiency improvements at Cavanbah Sports Centre including but not limited to installation of a Solar Photo-Voltaic generation system, hot water and lighting improvements. (Expenditure of Existing Funds)”
2. That notice of the approved 2012 Developer Contributions Plan (Amendment 3) be placed in the local paper within 28 days of the date of this meeting and that the date of commencement of the plan be two weeks after the date of publication of the notice.
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1 Confidential - submisisons received on the exhibition of the S94 Developer Contributions Plan 2012 (Amendment 3), E2015/18036 (provided under separate cover)
Report
The purpose of this report is to have Council consider the submissions made with respect to the exhibition of Draft 2012 Developer Contributions Plan (Amendment 3) and to seek a resolution from Council to approve the draft plan with some amendments.
At the Ordinary meeting of 11 December 2014 Council considered a report on change room facilities at Tom Kendal Oval. Included in this report was commentary on how these facilities could be funded from the section 94 plan. At this meeting Council resolved:
14-630 Resolved:
1. That Council support the continuation of the development of change facilities and additional amenities at Tom Kendall Oval, New Brighton.
2. That staff amend the 2012 Byron Developer Contributions plan as per the “Table of Proposed Amendments to the Community Facilities Works Schedule” as set out in this report.
3. That staff amend the 2012 Byron Developer Contributions Plan Open Space works schedule by the inclusion of $32,000 of shade structures at Tallowwood Playground.
4. That as a result of points 2 and 3 staff make consequential changes to the rates of contribution in the Draft 2012 Byron Developer Contributions Plan.
5. That Council place the Draft 2012 Byron Developer Contributions Plan on public exhibition in accordance with the Environmental Planning and Assessment Act, 1979 and Regulation, for a period of 28 days.
6. That at the close of the exhibition, report the Draft 2012 Byron Developer Contributions Plan back to Council for further consideration.
(Woods/Cubis)
Public Exhibition
The draft section 94 plan was placed on public exhibition from 21 January 2015 until 18 February 2015. Eighteen (18) submissions were received during the exhibition period. Sixteen of these were a form letter objecting to the redirection of funds from the toilet facilities at Water Lily Park to the change rooms at Tom Kendal Oval (referred to as submission 1 in the table below). The other public submission was a detailed submission seeking to include additional works into the Mullumbimby Community Facilities works schedule for the Drill Hall.
Copies of both public submissions are provided as Attachment 1. There was also an internal submission from staff seeking a minor amendment to the wording of a project description and this is discussed separately below.
The following table sets out a summary of the main points of the submissions with comments by the Developer Contributions Officer in response:
|
Table 1 Submissions Received |
||
|
Submission |
Summary of Points of Submission |
Staff Response |
|
1 Form Letter objecting to redirection of funds from the toilet facilities at Water Lily Park to the change rooms at Tom Kendal Oval |
Object to the transfer of funds from Water Lily Park to Tom Kendal Oval as the funds should be kept in South Ocean Shores. |
Council had by resolution identified the change rooms at Tom Kendal to be a priority. Subsequently staff had identified a funding mechanism via the section 94 plan. This project has been scoped, planned and only requires the amendment of the S94 plan to enable the project to proceed. One of the reasons that staff recommended the transfer of the funds from Water Lily Park to Tom Kendal was that the Tom Kendal project was effectively shovel ready whilst the Water Lilly Park project would require further project planning.
The whole of Ocean shores and New Brighton is considered to be one catchment for the purposes of collection and expenditure of contributions. Section 93E of the Environmental Planning and Assessment Act 1979 applies to the holding and expenditure of contributions. This section requires Council to hold the contributions and expend them on the purpose for which they were acquired. The funds that are being transferred within the catchment were collected under the terms of the 2001 and 2005 contributions plans. These plans did not list specific projects but collected contributions under broad headings such as community facilities in each catchment. The adoption of the 2012 plan bought Council into compliance with the Act, Regulations and the Department of Planning Guidelines. It is both lawful and reasonable for Council to transfer funds collected under the old plans to a similar project in the same catchment. In this regard the issue of the transfer of the funds is not a question of can Council transfer the funds but should Council transfer the funds. In determining this question of merit Councillors should have consideration for the following factors: a) Immediate benefit to the community by construction of the change room facilities; b) Number of users of potential users of the competing facilities; c) The facility will benefit the whole of the catchment not just north or south or New Brighton; d) Staff are aware of the need for additional facilities at Water Lily Park and will be progressing plans to identify the size and standard of facility required as well as funding sources. This is an issue of timing rather than not funding the works at Water Lily Park at all.
|
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1 Form Letter objecting to redirection of funds from the toilet facilities at Water Lily Park to the change rooms at Tom Kendal Oval |
It is not equitable to transfer money from South Ocean Shores to New Brighton |
Staff consider that it is both reasonable and equitable to spend section 94 funds on works within the catchment that the funds were collected in. |
|
1 Form Letter objecting to redirection of funds from the toilet facilities at Water Lily Park to the change rooms at Tom Kendal Oval |
Change facilities at Tom Kendal are not a priority. |
The report to the 12 December 2014 meeting of Council on page 201 lines 20-50 covers the needs analysis and why this is a priority project to service a wide demographic of residents within the catchment. |
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1 Form Letter objecting to redirection of funds from the toilet facilities at Water Lily Park to the change rooms at Tom Kendal Oval |
Request a new project be included in the plan to acquire “Flat Park and Access to Marshals Creek Reserve…Corner Rajah Road and Miriam Place |
A plan and aerial photo of the site is shown as map 1 below in the report. This site is relatively flat and would be suitable for a small park and playground. It is however on land the subject of a subdivision approval and the developer is in the process of finalising the works to allow for the release of the subdivision certificate. It is probable that the land would be released as residential lots prior to the adoption of an amended plan and certainly before there was sufficient money on the plan to purchase the land.
It is open to Council to include a new item into the contributions plan. If Council resolves to include a new item into the plan for a park acquisition then staff would need to get a valuation of the land to include this into the plan. This valuation would feed into calculation of the apportionment split of costs between the Council and new development. It is not possible to include this as an item into the plan for adoption at this meeting and an amended plan would need to be reported back to Council.
The above comment outlines the process to be undertaken to include a new item into the plan. A cautious approach to including new items in the Ocean Shores / South Golden Beach catchment is recommended. The first reason for caution is that this catchment is almost fully developed leaving minimal potential to collect further contributions. The second reason for caution is that the apportionment rate in this catchment is 4.77%. It is difficult to justify that a new land acquisition is 100% the responsibility of new development. On this basis Council would be responsible for 97.23% of the cost of the acquisition. Whist the cost is not currently known it is a reasonable to state that this would result in a significant unfunded liability for Council. It would not be financially sustainable to incorporate the acquisition of new land into the contributions plan and on this basis staff do not recommend that a new item be added into the contributions plan. |
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1 Form Letter objecting to redirection of funds from the toilet facilities at Water Lily Park to the change rooms at Tom Kendal Oval |
The land was identified in the Recreational and Open Space Planning Guidelines |
The accompanying report to the 2001 Contributions Plan identified this site as potential open space. It did not go so far as to include the land for acquisition nor did it place a value on the land. The 2001 plan did not identify that this land had a subdivision approval on it and was being subdivided into housing blocks. The 2001 plan did not specifically collect money for the acquisition of this land. Council has since moved on from the 2001 plan and the land was not identified for acquisition in the 2005 of previous amendments of the 2012 plan contributions plans. Council has not since identified this land for acquisition and has not collected any contributions for it.
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1 Form Letter objecting to redirection of funds from the toilet facilities at Water Lily Park to the change rooms at Tom Kendal Oval |
The purchase of flat land at Raja Road is compatible with the objectives of Council’s Community Strategic Plan. |
Council’s Community Strategic Plan is a broad planning document and many projects can be said to be consistent with its broad objectives. It is agreed that this project is consistent with the Community Strategic Plan objectives. However just because it is consistent doesn’t mean that Council must or should proceed with the project. There are other matters for consideration.
Due to the financial implications of including such an item into the plan it is recommended that Council not proceed with its inclusion in the plan. |
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2 Letter from Mullumbimby Drill Hall Theatre Company (DHTC) |
Requests funding for upgrading works at the Mullumbimby Drill Hall. The works include:
Electrical upgrade $7,3336; Air conditioning $18,,250;; Tiered seating $25,200;; Chairs $17,133;
The request for funding also comes with an offer that the Drill Hall Theatre Company (DHTC) can co-fund up to $20,000 of the works. |
This submission arises out of a meeting held between the DHTC and Council’s General Manager, Director Corporate and Community Services and Developer Contributions Officer. The purpose of the meeting was to discuss funding arrangements for the hall upgrades.
It should be noted that Council cannot fund the $17,133 for replacement seating from section 94 funds. This matter was discussed with the Manager Governance and a funding submission for this amount has been included in the draft 2015/16 budget to be funded from an existing special rates variation.
The upgrade works for the hall are currently in the Community Facilities works schedule of the 2012 plan. This submission seeks to vary the detail of the existing plan. The current plan has $41,330.72 of works in the plan with an apportionment rate of 20.12%.
A minor amendment to the plan to facilitate these works is appropriate for the following reasons: a) there is no adverse financial implications for Council; b) The proposal adds capacity to an existing facility and can be said to meet the demands of new population (nexus); c) The community group is funding their share of the apportionment; d) It’s a minor alteration to an item already in the works schedule; e) There is sufficient funds available in the Mullumbimby Community Facilities account to funds the proposal.
The details of the amendments are provided below. It is considered that this amendment is minor and has no significant adverse impact upon the plan or the community.
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Internal Submission from Council’s Sustainability Officer |
Council engaged a consultant “Powersmart” to create a holistic energy assessment of the Cavanbah Sports Centre and provide design recommendations to inform a request for quotation of solar hot water and/or solar power (funded from section 94 contributions).
Powersmart made a number of recommendations to improve the energy efficiency and reduce the operating costs of the site. This involves, some plumbing solutions, solar power installation and LED lighting upgrades.
It is recommended that an amendment to the section 94 contributions plan be made to change the current description from “Solar Power and Solar Hot Water” to “Energy Efficiency and Renewable Energy Improvements” in the April review to allow for the LED lighting improvements to be included in this project. |
The proposed change is only in the description of the scope of works. It does not change the level of expenditure.
The original description of the works was:
“Installation of a Solar Photo-Voltaic generation system and a solar hot water system on the BRSCC.”
The proposed amended description is:
“Energy efficiency improvements at Cavanbah Sports Centre including but not limited to installation of a Solar Photo-Voltaic generation system, hot water and lighting improvements. (Expenditure of Existing Funds)”
It is considered that this amendment is minor and has no significant impact upon the plan.
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Map 1 Showing location of land to be acquired by Council as requested in submission 1.
Details of the Mullumbimby Drill Hall amendment
Table 2 Summary of current details from works schedule:
|
Facility |
Cost of Works Indexed to 24 April 2014 |
Net cost of works |
Apportionment (% attributable to new development) |
Cost of works attributable to new development |
Cost of Works Attributable to Council |
Cost per SDU |
|
Mullumbimby Drill Hall (refer to Community Infrastructure 10 Year Plan) PN: 35480 |
41,330.72 |
41,330.72 |
20.12% |
8,316.10 |
33,014.62 |
24.97 |
Table 3 Summary of Proposed changes to the Mullumbimby Community Facilities Works Schedule
|
Facility |
Cost of Works Indexed to 24 April 2014 |
Net cost of works |
Apportionment (% attributable to new development) |
Cost of works attributable to new development |
Cost of Works Attributable to Council |
Cost per SDU |
|
Mullumbimby Drill Hall Tiered Seating PN: 35480 |
25,200.00 |
25,200.00 |
100.00% |
25,200.00 |
0.00 |
75.68 |
|
Mullumbimby Drill Hall Air conditioning and power upgrade PN: 35480 |
25,586.00 |
25,586.00 |
20.12% |
5,148.13 |
20,437.87 |
15.46 |
|
Total |
|
|
|
|
|
91.14 |
The proposed changes split the project into two jobs, being the combined air conditioning and power upgrade and a separate job for the tiered seating. It is intended to utilise the DHTC’s $20,000 to fund the apportionment to enable release of the funds. This amendment increases the per lot contributions rate by $66.17.
Financial Implications
The following table sets out what the charges will be if the proposed amendments, inclusive of those previously exhibited are adopted.
Table 4 Contributions per Standard Dwelling Unit by Catchment
|
|
Byron Bay Suffolk Park |
Bangalow |
Mullumbimby |
Ocean Shores |
Rural North |
Rural South |
Brunswick Heads |
|
Local Open Space & Recreation |
3,827.43 |
3,535.28 |
11,654.43 |
1,591.55 |
|
2,344.61 |
|
|
LGA Wide Open Space & Recreation |
688.90 |
688.90 |
688.90 |
688.90 |
688.90 |
688.90 |
688.90 |
|
LGA wide Community Facilities |
1,008.97 |
1,008.97 |
1,008.97 |
1,008.97 |
1,008.97 |
1,008.97 |
1,008.97 |
|
Local Community Facilities |
1,136.94 |
320.06 |
198.39 |
1,374.14 |
192.05 |
||
|
Bikeways & Footpaths |
1,260.42 |
853.36 |
1,905.24 |
433.93 |
521.30 |
||
|
Shire Wide Bikeways & Footpaths |
74.01 |
74.01 |
74.01 |
74.01 |
74.01 |
74.01 |
74.01 |
|
Urban Roads |
2,855.24 |
1,467.92 |
988.91 |
2,546.60 |
|||
|
LGA Wide Roads |
208.46 |
208.46 |
208.46 |
208.46 |
208.46 |
208.46 |
208.46 |
|
Rural Roads |
13,602.94 |
13,602.94 |
|
||||
|
Admin Levy |
1,042.02 |
1,042.02 |
1,042.02 |
1,042.02 |
1,042.02 |
,042.02 |
1,042.02 |
|
Total |
12,102.39 |
9,198.98 |
17,769.33 |
6,421.98 |
16,625.30 |
16,625.30 |
8,626.92 |
There are no other changes to the rates of contribution to that which was exhibited other than a consumer price index increase. There are no additional unfunded apportionment liabilities for Council that arise from the proposed amendments that are additional to what was exhibited.
Statutory and Policy Compliance Implications
Clause 31 of the Environmental Planning and Assessment Regulation 2000 prescribes the manner in which Council may deal with a draft contributions plan following exhibition. Clause 31 is set out as follows:
31 Approval of contributions plan by council
(1) After considering any submissions about the draft contributions plan that have been duly made, the council:
(a) may approve the plan in the form in which it was publicly exhibited, or
(b) may approve the plan with such alterations as the council thinks fit, or
(c) may decide not to proceed with the plan.
(2) The council must give public notice of its decision in a local newspaper within 28 days after the decision is made.
(3) Notice of a decision not to proceed with a contributions plan must include the council’s reasons for the decision.
(4) A contributions plan comes into effect on the date that public notice of its approval is given in a local newspaper, or on a later date specified in the notice.
This report has made recommendations that amendments be made to the draft plan prior to approval of the plan. It is considered that these amendments are of such a minor nature that they do not require re-exhibition of the draft plan.
There are no significant adverse impacts to the community or to Council from the minor amendments post exhibition. On this basis it is recommended to Council that the draft plan including the amendments be approved. As has been standard practice with contributions plan amendments the date for commencement would be two weeks after the notification is placed in the paper.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.7
Report No. 13.7 Voluntary Planning Agreement - Agreement for provision of car parking associated with DA 10.2014.649.1 - Redevelopment of Old Byron Council Chambers
Directorate: Sustainable Environment and Economy
Report Author: Christopher Soulsby, Development Contributions Officer
File No: I2015/199
Theme: Ecology
Development and Approvals
Summary:
The purpose of this report is to seek a resolution of Council to place a voluntary planning agreement (VPA) on public exhibition. A VPA is a mechanism that enables a developer to pay Council for the provision of public infrastructure that the developer is not providing. In this circumstance the VPA is for the provision of car parking at a private development. This VPA is a voluntary agreement between both parties and offers to contribute to public car parking at a rate of $38,000 per space. The rate per space offered by the developer has been derived at following negotiations between staff and the Developer’s representatives. In making the decision to exhibit the VPA the primary consideration will be the quantum cost per space that is acceptable.
There are implications for the determination of DA 10.2014.649.1 if Council does not agree to enter into a VPA and this report should be read in conjunction with the report for DA 10.2014.649.1.
NOTE TO COUNCILLORS:
In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.
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RECOMMENDATION:
1. That Council place the planning agreement on public exhibition for a period to 28 days subject to the following amendments a) Amend Clause 5.3 by adding another clause after 5.3.3 that states: “5.3.4 The Developer commences works on the development. ” b) Amend clause 12 by adding another clause after 12.1.2 that states: “12.1.3 No refund is to be given after the developer has commenced works on the development.”
2. That the planning agreement be referred to Council’s solicitors for review and that the cost of this review be recouped from the developer prior to Council entering into the planning agreement.
3 That the planning agreement and any submissions received be reported back to Council following the exhibition period. |
1 DRAFT Planning Agreement prepared by McCartney Young Lawyers Byron Shire Council and Byron ~ 23 Lawson Street Byron Bay in relation to DA 10.2014.649.1(2) and the schedule included, E2015/18486 (provided under separate cover)
Report
The purpose of this report is to seek a resolution of Council to place a voluntary planning agreement (VPA) on public exhibition. A VPA is a mechanism that enables a developer to pay Council for the provision of public infrastructure that the developer is not providing. In this circumstance the VPA is for the provision of car parking. A VPA is a voluntary agreement between both parties and offers to contribute to public car parking at a rate of $38,000 per space. The rate per space offered by the developer has been derived at following negotiations between staff and the developers representatives. In making the decision to exhibit the VPA the primary consideration will be the quantum cost per space that is acceptable.
This report should be read in conjunction with the development assessment report for Mixed development comprising; demolition, retention of existing building, erection of a new building to be used for backpacker accommodation (250 beds), shops and restaurants, the outcome of this report will impact on Council’s determination of that development application. Options concerning the implications of not proceeding with the VPA and the impacts on DA 10.2014.649.1 are set out under the heading statutory and policy implications.
The development proposed in DA 10.2014.649.1 generates a demand for 54 spaces and the design provides 51 leaving a shortfall of 3 spaces. The developer has offered to enter into a VPA to make a payment for those 3 spaces at the rate of $38,000.00 per space (total of $114,000.00 for the 3 spaces). A copy of the detailed VPA is provided as Attachment 1.
Because a VPA is a separate agreement between Council and the developer the normal requirement for strict compliance with an adopted contributions plan does not apply. Council may agree to a figure per space that it considers reasonable and appropriate in the circumstances of the case. The base figure for consideration should be that which was previously adopted in the 2005 contributions and was used up until 1 January 2013. The discussion below will show that the figure from the 2005 plan is not appropriate and will provide justification for an appropriate charge.
Under the provisions of the 2005 contributions plan the contribution per parking space in the Byron Bay town centre was $68,094 as indexed up to January 2015. There are mathematical errors and errors of the contributions planning principle in the 2001 and 2005 plans that make the validity of this figure highly questionable.
A review of parking contributions in other localities has revealed that the charge in Byron Bay and Brunswick heads are abnormally high.
Table 1 shows the comparison parking charges for various towns.
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Table 1 Parking Contributions in different towns |
|
|
Locality |
Per Space |
|
Byron Bay CBD |
68,094 |
|
Brunswick Heads CBD |
61,690 |
|
Kingscliff |
28,866 |
|
Bogangar |
28,866 |
|
Bangalow |
28,162 |
|
Tweed Heads |
26,019 |
|
Ballina Central Business District (CBD) |
25,368 |
|
Pottsville |
21,343 |
|
Port Macquarie CBD |
20,834 |
|
Lismore CBD |
18,978 |
|
Mullumbimby CBD |
18,919 |
|
Coffs Harbour CBD |
16,947 |
|
Murwillumbah |
16,603 |
|
Lennox Head Village Centre |
15,999 |
|
Alstonville Village Centre |
14,722 |
|
Nimbin Village |
3,269 |
|
Fingal Head |
3,025 |
A car parking contribution is calculated based on three factors land acquisition, the cost of construction, and number of spaces to be created. The charge should reflect the actual cost of provision of the spaces or the likely predicted cost of future provision of the spaces. Land value can be highly variable and the value of land in other localities is not considered further in this report.
Construction costs are relatively stable across all LGAs. Table 2 sets out the mean construction cost across all the localities surveyed. These costs include the costs estimates of access aisles, ramps, lighting and all infrastructure required to provide the space.
|
Table 2 Construction Cost per Space (Averaged over all LGAs) |
|
|
Ground Level |
3,684.29 |
|
Multi-deck |
20,320.00 |
|
Basement |
38,130.00 |
Council has to date only constructed ground level spaces. Council acquired land and constructed car parks (Lawson Street North and Lawson Street South) from section 94 funds. Council spent $1,883,512 on this project in 1993/94. This equates to $3,330,448.37 indexed to today’s dollars. There are currently 140 spaces in Lawson Street North and 72 spaces in Lawson Street South giving a total of 212 spaces.
This calculation was excluded from the 2001 contributions plan. That plan only considered a new acquisition in Middleton Street to construct 250 additional car spaces at a cost of $7,750,000 (indexed to $11,065,508 in 2015) with a contribution rate per space of $31,000 in 2001.
The 2005 Contributions plan included the cost of works from 1993 but not the number of spaces into the equation and updated the 2001 works. There were then some particularly large addition errors and division errors in this plan that resulted in a contribution rate of $49,202.26 at the date of adoption. This has been indexed up to the current figure of $68,094.
The correct methodology should have been to include the cost and number of spaces created in Lawson Street North and South into the equation as well as the proposal to construct the 250 spaces at Middleton Street. This methodology is shown in the equation below with all figures indexed to 2015.
Council has not proceeded with the proposal at Middleton Street to date. A rate of $31,160, whist at the upper end of charges levied in other local government area, is reasonably comparable and competitive with the rates being charged from Tweed to Ballina.
The above discussion has shown that the 2005 plan and a contribution rate of $68,094 is fundamentally flawed and if the correct planning principles were applied then a rate per space of $31,160.08 would be appropriate if this process were being undertaken strictly in accordance with accepted contributions planning practice.
Adoption of a rate that is lower than the cost of provision of a car space by the developer may have unforseen consequences. If it costs the developer more to provide the space on site than to pay Council to provide it then the developer may choose to over develop their site and provide no parking. Cognisant of this issue and that the 2005 rate was fundamentally flawed staff entered into negotiations with the developers representatives on the question of an acceptable cost per space to be included in a VPA.
The developer has provided a draft VPA that offers to pay $38,000 per space. This is on the basis that this is approximately what it would cost the developer to provide the spaces on his own site and that is $30,000 less than the rate applied in the 2005 plan. As this agreement is voluntary, neither party is bound by the previous contributions plans or charges and Council can choose to enter into the VPA for an amount less than was contained in the previous contributions plans in the circumstances. It is considered reasonable and appropriate to accept the developer’s offer of $38,000 per space.
It is the intention of staff that upon completion of the Byron Bay Town Centre Master Plan, when the location and type of new car parking area is known to recalculate an appropriate contribution amount to be included in future VPAs. The new rate will be based on the 1993 works provided to date and any new works proposed. This rate is as yet unknown and unless Council is proposing significant land acquisitions or plans to build a basement car park is likely to be less than the $38,000 proposed by the developer.
Staff have also made the offer to the developer that if a lesser rate is adopted after the VPA is entered into but before the payment is made, then the developer would be able to take advantage of the lesser rate. This is consistent with approach taken by staff with VPAs proposed for provision of car parking in Bangalow. The VPAs in Bangalow did not proceed as the development applications were ultimately refused. The developer’s draft VPA contains clause 12 concerning refund of contributions. Clause 12.1.1 is reasonable and relates to a refund in circumstances where the consent becomes invalid or lapses. Clause 12.1.2 relates to a partial refund if Council adopts a lesser rate. Staff have no objection to the concept of a partial refund if Council adopts a lesser rate but consider that such a refund provision should be time limited and not be allowed to run indefinitely. No refund should be available following commencement of works. There needs to be certainty and finality to the time when the developer can call for a refund. Amended wording to clauses 5.3 and 12.2.1 are made in the recommendation to satisfy this requirement.
The VPA and the explanatory note should be referred to Council’s solicitors for review during the exhibition process.
Financial Implications
All costs of the preparation, exhibition and legal advice that Council may require for the VPA will be bourn by the developer.
Council will receive a contribution to provide additional car parking within the Byron Bay town centre. There is no cost to the general fund due to accepting this offer.
Statutory and Policy Compliance Implications
Section 93F of the Environmental Planning and Assessment Act 1979 and Clause 25 of the Environmental Planning and Assessment Regulation 2000 applies to the preparation of VPAs. Council and the developer may enter into a planning agreement where the developer agrees pay a monetary contribution for the provision of public amenities. In this case the public amenity is the provision of public car parking.
Clause 25D of the Regulation requires that notice of a the planning agreement be exhibited contemporaneously with the exhibition of any relevant development application where practicable. In this circumstance at the time of exhibition of the development application it was not known that a planning agreement was required. Council may rely on Clause 25D (1) (a) (ii) and exhibit the VPA as soon as is practicable once Council is satisfied as to the terms of the agreement.
The agreement must be placed on exhibition for a minimum of 28 days and reported back to Council for adoption.
There are implications for the determination of DA 10.2014.649.1 if Council does not agree to enter into a VPA or if Council resolves to exhibit the VPA with a significantly higher rate of contribution. Some of the possible scenarios and the impacts that flow from them are discussed below.
If Council declines to enter into the VPA then Council has
three options in dealing with DA 10.2014.649.1:
1 Refuse DA 10.2014.649.1 due to there being inadequate car parking provided for the development; or
2 Approve DA 10.2014.649.1 with a variation to the parking provisions of DCP 2014. Council makes a conscious decision to vary the DCP and considers that the non compliance is of minimal significance; or
3 Defer determination of DA 10.2014.649.1 and require the developer to amend the plans for the development to reduce the floor space and demand for parking.
With option 1 the developer has a right of appeal with respect to the development application and the matter would be determined by the Court with respect to the assessment of the application against the DCP. Council is not compelled to enter into a VPA.
Option 2 does not have any implications for the VPA but would have future implications for the assessment of development applications where there is a shortfall of car parking.
If Council’s pursues option 3 then developer may choose not to vary the plans and may exercise their right of appeal and the outcome is the same as option 1.
If Council resolves to place the VPA on exhibition with a significantly higher rate of a contribution and the developer does not agree to this rate then the agreement could no longer said to be voluntary and Council should consider exercising options 1-3 described above.
Council may also resolve not to enter into the VPA because it has determined DA 10.2014.649.1 by way of refusal for other merit reasons. In this scenario the VPA has become redundant due to the refusal of the development application.
The recommended solution is for Council to resolve to place the VPA on exhibition and to determine DA 10.2014.649.1 by way of approval with a deferred commencement condition that requires a VPA to be entered into.
Section 93I of the Environmental Planning and Assessment Act 1979 sets out the circumstances in which planning agreement can or cannot be made. Section 93I (3) enables Council to impose a condition of consent that requires a planning agreement to be entered into. 93I (3) is set out as follows:
(3) However,
a consent authority can require a planning agreement to be entered into as a
condition of a development consent, but only if it requires a planning
agreement that is in the terms of an offer made by the developer in connection
with:
(a) the
development application, or
(b) a change to an environmental planning instrument sought by the developer for the purposes of making the development application, or that is in the terms of a commitment made by the proponent in a statement of commitments made under Part 3A.
Whilst the Act allows for such a condition to be imposed it does leave the developer with an amount of uncertainty if Council exhibits the VPA and then does not proceed with the VPA post exhibition.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.8
Report No. 13.8 Review of the waiving of developer contributions for secondary dwellings
Directorate: Sustainable Environment and Economy
Report Author: Christopher Soulsby, Development Contributions Officer
File No: I2015/200
Theme: Ecology
Development and Approvals
Summary:
In 2011 Council resolved to waive the requirement to pay section 94 and section 64 charges for secondary dwellings. The premise of this waiver was to provide affordable housing. In August 2014 Council called for a review of the current policy and set the parameters of that review. The review is now complete and the evaluation is that the cost of the policy does not warrant its retention. If Council were to continue with the policy it will have a significant adverse impact on Council’s ability to deliver infrastructure.
NOTE TO COUNCILLORS:
In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.
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RECOMMENDATION: 1. That
Council places an amendment to the Byron Shire Developer Contributions
Plan 2012 on public exhibition for a period of 28 days. The amendment
is to delete clause 2.14 of the plan relating to the waiving of contributions
for secondary dwellings 2. That
Council place on public exhibition a notice of their intention to
“Remove the policy for waiving of section 64 contributions for
secondary dwellings” for a period of 28 days. The amendment is to
rescind the policy. 3. That at the close of the exhibition period the submissions be reported back to Council for consideration.
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 |
Report
The purpose of this report is to respond to the resolution of Council on housing affordability.
At the Ordinary meeting held on 7 August 2014, Council resolved the following:-
14-360 Resolved that Council:
1. Evaluate
Council’s policy of waiving S94 contributions for secondary dwellings as
a means to support affordable housing and provide recommendations to strengthen
affordability outcomes of secondary dwellings.
2. Provide
a report on the possibility of establishing a requirement that the waiving of
S94 contributions for secondary dwellings be linked to the provision of
affordable housing within the Shire.
3. Consider affordable housing requirements within Council’s Town Master Plans, Strategic Planning and Growth Management review process, including, but not being limited to:
a) New urban areas identified for housing, in particular the increased development of laneways
b Secondary dwelling planning and development control provisions
c) Any potential new housing cluster or hamlet identification and subsequent rezoning.
d) Consideration
of dual occupancy and lot size provisions for affordable housing.
4. Undertakes an audit on secondary dwellings (granny flats) in Byron Bay to identify secondary dwellings being used for holiday letting, noting the requirement within resolution 11-268 that the applicant who, "has applied for a secondary dwelling or granny flat" and is," specifically advised that the development is not to be used for tourism purposes and accepts a condition of consent to the same effect." (Richardson/Spooner)
Each part of the resolution is considered in the report below.
1 Evaluation of Council’s policy of waiving S94 contributions for secondary dwellings as a means to support affordable housing and provide recommendations to strengthen affordability outcomes of secondary dwellings
Housing affordability is affected by the micro economic factors of supply and demand in a relatively fixed market. Council has very limited ability to affect price within the market other than by making it easier or cheaper to provide housing to the market thus increasing the supply side of the equation.
In this regard the policy has been successful with 278 secondary dwellings being approved and 214 having construction certificates. The extent to which the increase in supply has impacted affordability is to be found in the median weekly rent paid within the shire.
Rent is the appropriate measure rather than sale price as secondary dwellings cannot be subdivided and sold separately. The Rent and Sales Reports prepared by NSW Department of Family and Community Services provides information on the median weekly rents paid in the shire.
The following table sets out the data for one bedroom dwellings. As almost all secondary dwellings are single bedroom only the rent for single bedroom dwellings has been considered for the purposes of this report.
|
Table 1 One Bedroom Dwelling Median Weekly Rent |
|||||
|
|
Mar-11 |
Mar-11 Indexed to December 2014 |
Dec-14 |
Change |
Percentage Change |
|
Byron |
250 |
272 |
250 |
-22 |
-8.09% |
|
Ballina |
190 |
207 |
210 |
3 |
1.45% |
|
Lismore |
132 |
144 |
175 |
31 |
21.53% |
|
Tweed |
230 |
250 |
220 |
-30 |
-12.00% |
|
Source: Rent and Sales Report NSW Department of Family and Community Services |
|||||
What this table shows is that there has been a $22 per week decrease in real terms in the median weekly rent paid in Byron Shire since the commencement of the waiving of contributions. This is an 8.09% decrease in the median weekly rent. The extent of the impact that the policy of waiving contributions has on this decrease is questionable but it is reasonable to assume that there is some impact due to the increase in supply
It is to be noted that during the same time there has also been a decrease in the median weekly rental cost in Tweed by 12%. Tweed does not have a discount on contributions for secondary dwellings and the reason for the decrease in rent is unknown. The Tweed figure is included to demonstrate that other factors than a waiving of contributions can impact upon rent. It is to be noted that Byron is still the most expensive local government area to rent in. The reduction in rent is not significant in gross terms or as a proportion of household income.
The cost to Council is an important consideration in determining the success of the policy. The following table sets out the amount of Section 94 contributions not collected to date as a result of the policy. The table is set out by plan and by catchment and all losses have been indexed to December 2014.
|
Table 2 Current Loss in S94 contributions forgone |
|||
|
|
2005 Plan |
2012 Plan |
Total |
|
Bangalow |
85,873.73 |
65,987.27 |
151,861.00 |
|
Brunswick Heads |
80,105.24 |
94,536.87 |
174,642.11 |
|
Byron Bay |
583,776.73 |
405,076.39 |
988,853.12 |
|
Mullumbimby |
170,257.96 |
280,232.09 |
450,490.05 |
|
Ocean Shores |
229,299.38 |
117,977.73 |
347,277.11 |
|
Rural North |
87,085.95 |
91,314.94 |
178,400.89 |
|
Rural South |
0.00 |
9,102.41 |
9,102.41 |
|
Total |
1,236,398.99 |
1,064,227.70 |
2,300,626.69 |
Based on the above Council has forgone a total of $2.3M in contributions that could have been collected and spent on new infrastructure. This table excludes section 64 contributions foregone. If the rate of secondary dwellings continues at current rates of development then the predicted loss over the life of 2012 section 94 plan will be as set out in the table below.
|
Table 3 Predicted loss to the section 94 plan |
|
|
Realised loss to date |
2,300,626.69 |
|
Predicted loss from 2015 to 2026 |
3,902,168.23 |
|
Total loss by 2026 |
6,202,794.92 |
Because the loss in 2005 plan had already been realised when this plan was reconciled to create the 2012 plan it doesn’t have an ongoing impact upon the 2012 plan. The $1,064,227 loss to the 2012 plan and the predicated future loss of $3,902,168 will mean that there is a deficit of $4,966,395 in that plan. Out of a total yield of $34,914,523 of developer contributions in the plan this is a 14.22% deficit. These losses will mean that Council faces a choice with regards to completing the works as set out in the contributions plan. Council will either have to abandon 14.22% of the works program with the lowest priority work not being completed or Council will have to fund the $4,966,395 out of revenue. Funding this amount of new infrastructure would have a serious impact on Council’s financial sustainability.
The
policy of waiving developer contributions has also resulted in the loss of
$2,508,394 in S64 contributions foregone to Council and a further loss
of $1,403,035 for Rous Water. It is difficult to accurately predict
future losses to the Water and Sewer funds for two reasons:
1 The take up rates of
secondary dwellings in rural areas that won’t be serviced by water and
sewer could significantly impact upon the prediction of losses. This is
predicated on transfer of demand from the urban areas to the rural if Council
amends the LEP to allow secondary dwellings in rural zones;
2 The main reason that it is difficult to predict future losses is that Council is in the process of reviewing the S64 plan. The actual fee is not at this point known. If the waiving of charges on secondary dwellings is retained this could be factored into the S64 plan. This would mean that the proportion of the cost of the capital works not paid for by secondary dwellings would be redistributed to all other ETs to be collected. This would mean that the capital works plan is fulfilled but that all the other developments in the LGA pay more for their water and sewer contributions. This effectively reduces the future losses to zero. This methodology is not however in accordance with the best practice guidelines and may not be approved.
Despite the above reasons it is reasonable to assume that if the current policy setting remains unchanged then the losses with be significant and potentially in the order of multiple millions of dollars.
In the simplest terms Council has achieved a $22 per week decrease in rents at a total cost to the S94 and S64 funds of $ 4,809,020. As such it can be concluded that the policy has had a minor impact on median weekly rents at a significant expense to Council. The first part of point 1 of resolution 14-360 requires staff to evaluate the policy.
Based on the above the economic assessment, the current policy is not a cost effective method of delivering affordable housing. Due to the expense and significant impact on Council’s ability to deliver infrastructure or its financially sustainability in the long term the policy of waiving contributions should cease.
The second part of point 1 of resolution 14-360 requires staff to make recommendations to “strengthen affordability outcomes of secondary dwellings”. As has been stated earlier in the report Council has very limited ability to impact the median weekly rent paid for secondary dwellings. Council is primarily a regulatory authority and not a provider of housing the best way that Council can improve housing affordability is not to artificially restrict supply and to ensure that adequate land is available to meet the demands of population growth.
Allowing secondary dwellings and detached dual occupancies in rural zones will remove a regulatory impediment to the supply of additional housing by releasing more land for secondary dwellings. The issue of allowing secondary dwellings and detached dual occupancies will be reported to Council at a future meeting.
2 Provide a report on the possibility of establishing a requirement that the waiving of S94 contributions for secondary dwellings be linked to the provision of affordable housing within the Shire
Staff have assumed that this resolution means to investigate the possibility of charging other development to pay for the provision of affordable housing and that this charge is linked to the waiving of contributions for secondary dwellings.
Section 94F of the Environmental Planning and Assessment Act 1979 regulates the manner in which Council may levy contributions for affordable housing. This section is set out as follows:
94F Conditions requiring land or contributions for affordable housing
(1) This section applies with respect to a development application for consent to carry out development within an area if a State environmental planning policy identifies that there is a need for affordable housing within the area and:
(a) the consent authority is satisfied that the proposed development will or is likely to reduce the availability of affordable housing within the area, or
(b) the consent authority is satisfied that the proposed development will create a need for affordable housing within the area, or
(c) the proposed development is allowed only because of the initial zoning of a site, or the rezoning of a site, or
(d) the regulations provide for this section to apply to the application.
State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes) is the SEPP that empowers Council’s to impose a levy for affordable housing in accordance with section 94F of the Act. SEPP 70 only applies to the following local government areas: City of South Sydney, City of Sydney, City of Willoughby and Leichhardt. It does not apply to Byron Shire. On this basis there can be no charge and Council cannot link the waiving of charges for secondary dwellings to the provision of affordable housing. No further action is proposed to be taken on this part of the resolution.
3 Consider affordable housing requirements within Council’s Town Master Plans, Strategic Planning and Growth Management review process, including, but not being limited to:
a) New urban areas identified for housing, in particular the increased development of laneways
b Secondary dwelling planning and development control provisions
c) Any potential new housing cluster or hamlet identification and subsequent rezoning.
d) Consideration of dual occupancy and lot size provisions for affordable housing.
This part of the resolution has been factored into the current Byron Bay Town Centre Master Plan and strategic planning reviews. This part of the resolution is part of ongoing work by staff and is not further discussed in this report.
4. Undertakes an audit on secondary dwellings (granny flats) in Byron Bay to identify secondary dwellings being used for holiday letting, noting the requirement within resolution 11-268 that the applicant who, "has applied for a secondary dwelling or granny flat" and is," specifically advised that the development is not to be used for tourism purposes and accepts a condition of consent to the same effect."
An audit of secondary dwellings
was undertaken in December 2014, to determine if any of the approved secondary
dwellings were being used for holiday purposes. The audit involved:
a) A 'Property Enquiry' through Council’s database to, investigate the postal address for rating purposes– i.e. Where is the rates notice sent to? Is it to a real estate agent, another location or to the owner's property address?
b) Investigated if any Customer Requests (CRMs) have been lodged against each property relating to holiday letting or associated activities i.e. noise.
c) Internet searches of holiday letting sites to determine if a secondary dwelling appeared on the site.
d) A search of Council’s electronic records (TRIM) to determine if secondary dwelling has been constructed (as some had not been commended at time of investigation).
The audit determined that approximately 6% of the registered secondary dwellings were being used for the purposes of holiday letting. The 2011 census identified that 15.5% of all dwellings in the Byron LGA were unoccupied compared with a state wide average of 9.7%. This variance of 5.8% has been assumed to account for the proportion of dwellings that are holiday let. This correlates very closely with the percentage of secondary dwellings being holiday let and is not unexpected.
Council cannot take compliance action to force these developers to pay the waived contributions as there was no condition imposed requiring them to pay. Council may undertake compliance action to cease holiday letting the premises. The decision to undertake compliance action would need to be considered as part of the review of holiday letting that is currently being progressed by staff.
Financial Implications
The financial implications of the current policy are significant and will continue to severely impact upon Council’s ability to deliver infrastructure to the community. The adverse financial impacts are of such a magnitude that they warrant the immediate amendment of the section 94 plan and ET policy to enable the collection of contributions from secondary dwellings.
Table 4 sets out what contributions should be charged for various catchments noting that there may be some areas of the rural north and south catchments that are serviced by Rous water.
|
Table 4 What Council will be charging if the policy is repealed |
||||
|
1 Bedroom Dwelling |
S94 |
Water & Sewer |
Rous Water |
Total |
|
Bangalow |
5,198.66 |
7,858.20 |
3,636.40 |
16,693.26 |
|
Brunswick Heads |
4,798.73 |
7,858.20 |
3,636.40 |
16,293.33 |
|
Byron Bay |
6,731.96 |
7,858.20 |
3,636.40 |
18,226.56 |
|
Mullumbimby |
9,793.93 |
7,858.20 |
3,636.40 |
21,288.53 |
|
Ocean Shores |
3,542.78 |
7,858.20 |
3,636.40 |
15,037.38 |
|
Rural North |
9,247.83 |
|
|
9,247.83 |
|
Rural South |
9,247.83 |
|
|
9,247.83 |
The broader financial implications of the policy have been discussed above in the body of the report.
Statutory and Policy Compliance Implications
In order to amend the section 94 plan a draft plan needs to be placed on public exhibition for a period of 28 days in accordance with clause 28 of the Environmental Planning and Assessment Regulation.
The draft plan would delete clause 2.14 in its entirety from the 2012 Byron Developer Contributions Plan. Clause 2.14 is set out as follows:
2.14 Secondary Dwellings
Development for the purposes of a secondary dwelling as defined in State Environmental Planning Policy will be exempted from the obligation to pay a contribution under this Contributions Plan where the secondary dwelling is integral and subordinate to the primary dwelling. Where the secondary dwelling is subject to the following requirements
a. That the maximum size of the secondary dwelling does not exceed 60m2.
b. That the floor space ratio for the whole development of the site does not extend beyond 0.5:1 and that 25% of the site must be covered by absorbent surfaces such as lawn or landscaping.
c. That the secondary dwelling does not increase the overall number of bedrooms on the site to greater than 5.
d. That the applicant has an approval for a secondary dwelling subject to a condition of consent that the development is not to be used for tourism purposes.
Note: There are strict criteria for secondary dwellings to distinguish them from dual occupancies
In terms of the water and sewer charges there was no amendment to the section 64 plan or ET policy. This change was bought about by Council resolution. Whilst Council could simply make another resolution to require the secondary dwellings to pay it is considered appropriate that notice of this type of decision be given to the public and that comment be sought. The proposal to now require the payment of S64 charges for secondary dwellings would be exhibited simultaneously with the S94 plan.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.9
Report No. 13.9 Coastal Zone Management Plan Byron Bay Embayment
Directorate: Sustainable Environment and Economy
Report Author: Catherine Knight, Coastal Officer
File No: I2015/212
Theme: Ecology
Land and Natural Environment
Summary:
Council is subject to a Ministerial Direction under the Coastal Protection Act 1979 to prepare and submit a draft Coastal Zone Management Plan for the Byron Bay Embayment (CZMP BBE). The deadline to submit the draft CZMP BBE was recently extended by the Minister for the Environment to 30 June 2015.
Council engaged the consultants Water Research Laboratory (WRL) to prepare the Coastal Hazard Management Study Byron Bay Embayment (WRL management study). The draft WRL management study has been prepared in accordance with the statutory guidelines under the Coastal Protection Act 1979. The primary purpose of the WRL management study is to assist Council in determining a management strategy for inclusion in the draft CZMP BBE.
On the 4 February 2015, the Office of Environment and Heritage (OEH) issued draft advice on the cost benefit analysis (CBA) at Appendix K of the draft WRL management study. The comments concern the assumptions and methodology employed in the CBA. These comments have come late in the project, after the first major review of the draft CBA in July / August 2014.
Since the draft OEH comments on the CBA have been received, progressing and finalising the management study phase of the draft CZMP BBE has been difficult. This has been due to delays and confused and often conflicting advice from the OEH on the CBA and the process going forward. To add to this complexity, the OEH have confirmed they will be funding and project managing a new CBA for assessing the coastal hazard management options applicable to Belongil Beach.
In accordance with resolution 15-065, the consultants have responded to the draft OEH comments. They have indicated that to complete the WRL management study, including the current CBA, a number of additional tasks will need to be undertaken. These tasks will cost an extra $5,000 to the original contract and include: updating the CBA to consider the engineering, adaptive management scheme (Option 6) which was proffered after the CBA was undertaken, calculating the land tax component in response to feedback at the recent coastal workshop, minor revisions of the CBA in response to various recent comments.
After considering the information obtained from OEH and the consultants, staff have determined three different options for progressing and completing the management study phase of the draft CZMP BBE. These options, in no particular order, are:
Option 1 – as per OEH advice dated 11 March 2015, finalise WRL management study ‘as is’, participate in the Steering Committee proposed by the Office of Environment and Heritage for the preparation of a new cost benefit analysis of coastal hazard management options for Belongil Beach.
Option 2 – finalise WRL management study as per variation quotation at Attachment 5, do not participate in the Steering Committee proposed by the Office of Environment and Heritage for the preparation of a new cost benefit analysis of coastal hazard management options for Belongil Beach.
Option 3 – finalise WRL management study as per variation quotation at Attachment 5, participate in the Steering Committee proposed by the Office of Environment and Heritage for the preparation of a new cost benefit analysis of coastal hazard management options for Belongil Beach.
After assessing the implications of the three options on: statutory requirements, timeframes, finances, and other issues, it is considered that Option 3 presents the least risk pathway for progressing and completing the management study phase of the draft CZMP BBE. In consideration of the recent difficulties in progressing the management study phase of the CZMP BBE, in combination with the statutory requirements for preparing and exhibiting CZMPs, it should be noted that it is unlikely Council will meet the new submission date of 30 June 2015.
To implement Option 3, as well as cover costs incurred through undertaking Council resolution 15-065, it is recommended that an amount of $6,950 be transferred from the Land and Natural Environment Reserves (coastal management plans) to the CZMP BBE accounts.
|
RECOMMENDATION: 1. That Council pursue Option 3, which is ‘Finalise the Coastal Hazard Management Study Byron Bay Embayment as per the consultant’s variation quotation at CONFIDENTIAL Attachment 5, and participate in the Steering Committee proposed by the Office of Environment and Heritage for the preparation of a new cost benefit analysis of coastal hazard management options for Belongil Beach’, for progressing and completing the management study phase of the coastal zone management plan Byron Bay Embayment.
2. That Council note the Minister for the Environment has extended the submission date for the coastal zone management plan Byron Bay Embayment to 30 June 2015, but that Council is unlikely to meet this timeframe.
3. That an amount of $6,950 be transferred from the Land and Natural Environment Reserve to the coastal zone management plan Byron Bay Embayment account 2605.083, for the purpose of: covering the cost of seeking a formal response from the consultants in accordance with resolution 15-065, and undertaking Option 3 which entails a variation of the contract with the consultant. |
1 Letter to Office Environment and Heritage dated 3 March 2015 , E2015/12027 , page 90
2 Letter from Office of Environment and Heritage dated 11 March 2015, E2015/16008 , page 92
3 Without Prejudice - Letter from Office of Environment and Heritage Chief Economist 18 March 2015, E2015/18719 , page 95
4 Response from consultants on draft Office Environment and Heritage comments regarding cost benefits analysis, E2015/18942 , page 96
5 Confidential - Variation quotation from Water Research Laboratory to complete the Coastal Hazard Management Study Byron Bay Embayment, E2015/18121
Report
Council engaged the consultants Water Research Laboratory (WRL) to prepare the Coastal Hazard Management Study Byron Bay Embayment (WRL management study). The CBA in the WRL management study was prepared by the sub consultant Griffith Centre for Coastal Management (GCCM). The primary purpose of the WRL management study is to assist Council in determining a management strategy for inclusion in the draft CZMP BBE. The draft CZMP BBE is to be publicly exhibited prior to submission to the Minister for the Environment for certification under the Coastal Protection Act 1979 (CP Act). There is a Ministerial Direction to prepare and submit the draft CZMP BBE by 30 June 2015.
The draft WRL management study has been prepared in accordance with the statutory guidelines under the Coastal Protection Act 1979, being the ‘Guidelines for Preparing Coastal Zone Management Plans’ (OEH, 2013). The preparation of the WRL management study is jointly funded by Council and the state government’s Office of Environment and Heritage (OEH), under the Coastal Management Program.
In preparing the draft CBA, the OEH attended the inception meeting and assisted in developing the assumptions that underpin the economic analysis. In addition, the draft WRL management study, including the draft CBA, was reviewed by the OEH in July / August 2014. The OEH comments from this review were considered in the preparation of the next iteration of the draft WRL management study, Version 4.0, which was issued by the consultant in December 2014. As part of reviewing Version 4.0, the OEH Chief Economist provided draft comments on the CBA component late in the project on the 4 February 2015.
It should be noted that as a result of the Chief Economist’s draft advice, progressing and finalising the management study phase of the draft CZMP BBE has been difficult and challenging for staff. This has been due to:
§ the nature of the draft comments, which concern the assumptions and methodology employed in the CBA;
§ the delay in receiving formal and finalised comments from the OEH Chief Economist, noting an undertaking was given at the 13 February meeting that these would be provided in approximately two weeks, since then, the OEH have indicated that finalised comments will not be forthcoming apart from high level comments addressed to the Director Sustainable Environment & Economy;
§ the confused and often conflicting advice from the OEH on the process going forward.
The following communication activities have occurred between staff and OEH, since the draft advice was provided in February:
§ meeting of BSC, OEH staff and consultants 13 February 2015,
§ letter to OEH dated 3 March 2015 (Attachment 1),
§ letter from OEH dated 11 March 2015 (Attachment 2),
§ meeting of BSC and OEH regional staff 12 March 2015,
§ telephone conversation between OEH Chief Economist and Director Sustainable Environment & Economy,16 March 2015,
§ email from OEH Chief Economist to Director Sustainable Environment & Economy, confirming earlier conversation, dated 18 March 2015, and including letter (Attachment 3) to Director Sustainable Environment & Economy providing high level comments.
The information provided by the OEH to date may be summarised to the following key points:
§ The OEH have major concerns with the CBA as prepared by GCCM, there are ‘…two issues that have a large dollar value impact: (1) the inclusion of a 1 in 100 year storm event in year 5; and (2) planned retreat being undertaken and completed in year 1.’ (direct quote from Attachment 3).
§ The OEH are proposing that the most efficient way forward is for them to project manage and fund a new CBA.
§ The OEH have invited relevant Council staff to participate in the Steering Committee for the new CBA in recognition that staff may assist in specifying the management options for consideration, and to provide important information on the ‘status quo’ option.
§ The OEH have commenced the preparation of technical specifications for the new CBA, which will be a closed tender process. The technical specifications for the project will be available when released which will be the 30 March 2015.
§ The project is expected to commence approximately 30 March 2015.
§ Due to the timing of this report and the OEH’ project timeframes; staff will not be involved in preparing the technical specifications.
§ The adaptive management option as canvassed and costed in the WRL management study (but not assessed in the current CBA) will be considered for inclusion in the new CBA.
§ A number of management options may be considered in the new CBA which have not been canvassed in the WRL management study, for example the Old Bar CBA, which may embody a preferred OEH approach to cost benefit analysis, includes a planned retreat option which incorporates ‘shoreline migration with rolling easement’.
In accordance with resolution 15-065, staff have sought a response from WRL and GCCM on the draft OEH comments on the CBA, being the summary draft OEH comments as provided at Council Report No 13.16, 26 February 2015. The response from the consultants is at Attachment 4. A variation quotation from WRL to complete the management study is at CONFIDENTIAL Attachment 5.
The variation quotation at Attachment 5 indicates that to complete the WRL management study, the following activities are required:
1. Minor revisions of CBA in response to various recent comments.
2. Updating the CBA to consider the adaptive scheme (Option 6) which was proffered after the CBA was undertaken.
3. Calculating the land tax component (in response to feedback at the recent landowner workshop).
4. Provision of a revised CBA (GCCM Version 3).
5. Updating the WRL report (from WRL Version 5 to Version 6) to incorporate the revised CBA.
In consideration of the information gathered to date, staff have determined three main pathways / options for progressing and finalising the coastal hazard management study phase, to determining a strategy for the Byron Bay Embayment and then moving to the preparation of the draft coastal zone management plan Byron Bay Embayment (CZMP BBE). These options are outlined below.
Option 1 – as per OEH advice dated 11 March 2015 (Attachment 2), finalise WRL management study ‘as is’, participate in the Steering Committee proposed by the OEH for the preparation of a new cost benefit analysis of coastal hazard management options for Belongil Beach
1) Finalise the WRL management study (which includes the draft CBA), within the current scope of the project. No further work aside edits / formatting from review of V4.0 of draft report.
2) BSC support and participate in OEH CBA Steering Committee.
3) OEH CBA prepared and finalised.
4) Both WRL management study and OEH CBA tabled for Council’s consideration.
5) Council determine and endorse a management strategy for the draft CZMP.
6) Prepare draft CZMP, exhibit, submit to Minister.
Option 2 – finalise WRL management study as per variation quotation at Attachment 5, do not participate in the Steering Committee proposed by the OEH for the preparation of a new cost benefit analysis of coastal hazard management options for Belongil Beach
1) Engage WRL to do additional work on the management study and CBA as per variation.
2) Finalise the WRL management study.
3) Table WRL management study and draft management recommendation for Council’s consideration.
4) Council determine and endorse a management strategy for the draft CZMP.
5) Prepare draft CZMP, exhibit, submit to Minister.
Option 3 – finalise WRL management study as per variation quotation at Attachment 5, participate in the Steering Committee proposed by the OEH for the preparation of a new cost benefit analysis of coastal hazard management options for Belongil Beach
1) Engage WRL to do additional work on the management study and CBA as per variation.
2) Finalise the WRL management study.
3) BSC participates in OEH CBA Steering Committee.
4) OEH CBA prepared and finalised.
5) Table WRL management study and OEH CBA for Council’s consideration.
6) Council determine and endorse a management strategy for the draft CZMP.
7) Prepare draft CZMP, exhibit, submit to Minister.
Estimated timeframes for the three options are provided at Table 1.
Table 1 Estimated timeframes for undertaking the three main options
|
Option |
Estimated time to complete |
Likely completion date |
Estimated Council meeting date to adopt a management strategy for draft CZMP |
|
Option 1 |
OEH CBA - 25 working days from project inception
WRL management study finalisation ‘as is’ – ten working days* |
21 May 2015
|
16 July 2015 |
|
Option 2 |
WRL management study variation – 20 working days |
15 May 2015 |
11 June 2015 |
|
Option 3 |
OEH CBA - 25 working days from project inception
WRL management study variation – 20 working days* |
21 May 2015 |
16 July 2015 |
* adjusted to reflect 5 days when consultant is on annual leave
To assist Council in determining a way to progress and finalise the management study phase of the draft CZMP BBE, a summary of the advantages, disadvantages and risks involved in the three options, including consideration of financial, statutory and timeframe implications, is provided at Table 2.
Table 2 Advantages, disadvantages and risks posed by the three main options
|
Option |
Advantages |
Disadvantages / Risks |
|
Option 1 – as per OEH advice dated 11 March 2015 (Attachment 2), finalise WRL management study ‘as is’, participate in the Steering Committee proposed by the OEH for the preparation of a new cost benefit analysis of coastal hazard management options for Belongil Beach
|
§ New CBA likely to have confidence of OEH and state government e.g. Treasury, Coastal Panel, Minister. § If CZMP accords with new CBA results, then certification of CZMP may be more likely. § If CZMP accords with new CBA results, then may have appropriate economic justification for applications to state government for funding implementation of the CZMP. § New CBA will add to the body of work and help to ensure CZMP is informed by thorough economic analysis. § New CBA to be paid for and project managed by OEH. |
§ WRL management study incomplete ‘as is’. Refer Attachment 5 for details. § Status of WRL management study, and consultant’s recommendation uncertain, as project incomplete. § Some of the work embedded in the WRL management study and CBA, including consultation activities, may become redundant. § Timeframe for submitting the CZMP may be lengthened and difficult for BSC to influence / manage via the Steering Committee. § New CBA may be subject to criticism and also considered flawed by appropriately qualified experts. |
|
Option 2 – finalise WRL management study as per variation quotation at Attachment 5, do not participate in the Steering Committee proposed by the OEH for the preparation of a new cost benefit analysis of coastal hazard management options for Belongil Beach
|
§ WRL management study would be considered complete, refer Attachment 5. § Cost for modifying WRL management study is $5,000. § Pathway for moving from management study to CZMP preparation phase as per original work plan. § Timeframe for moving from management study to CZMP preparation phase may be shorter and more easily managed by BSC.
|
§ Current CBA does not have the confidence of OEH, this is unlikely to change even if current CBA is modified as per variation. § Current CBA unlikely to have the confidence of other state government bodies e.g. Treasury, Coastal Panel. § The Minister may not certify CZMP and / or may request that a new CBA be undertaken prior to certification e.g. Minister’s decision for Old Bar CZMP and current advice re Lake Cathai CZMP. § OEH may choose to prepare a new CBA without Council participation, which may need to be tabled and considered by Council at some stage. § If Council does not participate in Steering Committee then OEH CBA may be hampered by lack of relevant information / data. § Applications for state government funds to implement the CZMP may not be accepted by OEH or Treasury. § Cost to modify the WRL management study would be borne by BSC as OEH unlikely to fund variation. |
|
Option 3 – finalise WRL management study as per variation quotation at Attachment 5, participate in the Steering Committee proposed by the OEH for the preparation of a new cost benefit analysis of coastal hazard management options for Belongil Beach
|
§ New CBA likely to have confidence of OEH and state government e.g. Treasury, Coastal Panel, Minister. § If CZMP accords with new CBA results, then certification of CZMP may be more likely. § If CZMP accords with new CBA results, then will have appropriate economic justification for applications to state government for funding the implementation of the CZMP. § WRL management study would be considered complete, refer Attachment 5. § Cost for modifying WRL management study is $5,000. § Two, completed CBAs which assess the adaptive management option but adopt different approaches, will add to the body of work and help to ensure CZMP is informed by thorough economic analysis. |
§ Cost to modify the WRL management study would be borne by BSC as OEH unlikely to fund variation. § Both CBAs may be subject to criticism and also considered flawed by appropriately qualified experts, however there would be two different CBAs to provide for a robust assessment. § It may be more difficult to determine a management strategy for the draft CZMP if the outcome / results of the two different CBAs are widely divergent, however this may not eventuate; if it does eventuate then an independent, third party peer review process may be required. § The timeframe for submitting the CZMP will be lengthened and for the OEH CBA, may be difficult for BSC to influence / manage via the Steering Committee. |
Financial Implications
Option 1
The financial implications of Option 1 are generally restricted to the staff time required to participate in the Steering Committee and then to report on / provide advice on the implications of the CBA results for determining a management strategy for the draft CZMP. This role may include researching and collating any new data required for the CBA, liaising with WRL and GCCM if data from the management study is required, reviewing reports, attending and preparing for meetings, preparing associated Council reports. Staff resources may also be required for assisting with consultation and communication activities – noting that the nature of any associated consultation activities is unknown at this stage however is likely to be minimal.
It is difficult to quantify the impost on staff resources.
Option 2
As per variation quotation at CONFIDENTIAL Attachment 5, cost is $5,000. In addition, staff time would be required to project manage the variation.
Option 3
As per Option 1 and 2.
Note that if either Option 2, or Option 3 (which is the staff recommendation), were to be resolved on by Council, then the additional funds required to undertake the WRL variation would be $5,000. In addition the formal response sought from the consultants as per resolution 15-065, incurred a cost to Council of $1,950. The funds for these amounts, totalling $6,950 are available in the Land and Natural Environment Reserve. It is recommended that these funds be transferred to the coastal zone management plan Byron Bay Embayment account 2605.083.
Statutory and Policy Compliance Implications
Coastal Management Program Grant conditions
The preparation of the WRL management study is funded under the Coastal Management Program as part of the grant ‘Coastal Zone Management Plan for the Byron Bay Embayment – update and preparation – 2012-13-CM-0024’. The WRL management study is Milestone 2 of the grant. As per OEH ‘workplan’, the CBA falls under the activity ‘Assessment of social, environmental and economic factors re the feasible management options’.
As per clause 17.6 of the grant:
17.6 The Recipient will seek comments from OEH and consider these comment prior to finalisation of any draft reports…
Option 1
Council has sought, and considered, comments from OEH on the draft WRL management study. This requirement is considered satisfied for this option.
Option 2 and 3
Council has sought, and considered, comments from OEH on the draft WRL management study. If the WRL variation is undertaken outside of the OEH grant, noting OEH are unlikely to support the variation, then it is unclear if OEH comments would need to be sought on the additional work. This issue will require clarification with the OEH grants unit.
Statutory Implications as per Coastal Protection Act 1979 (CP Act)
Council is subject to a Ministerial Direction under the CP Act to prepare and submit the draft CZMP BBE. The deadline to submit the draft CZMP BBE was recently extended by the Minister for the Environment, as communicated in a letter dated 22 February 2015, from 31 December 2014 to 30 June 2015. The 30 June 2015 deadline is reiterated in the OEH advice at Attachment 2. Given the recent delays and challenges in progressing the management study phase of the draft CZMP BBE, and in consideration of the timeframes provided at Table 1 for finalising the CBA process, as well as the statutory requirements for public exhibition of the draft CZMP BBE, it is considered highly unlikely that the draft CZMP BBE will be ready to submit to the Minister by 30 June 2015.
The statutory guidelines under the CP Act, the ‘Guidelines for Preparing Coastal Zone Management Plans’ (OEH, 2013), have been followed closely in terms of preparing the WRL management study and CBA. The statutory guidance under the CP Act, however, is relatively unclear on the preferred methodology for cost benefit analysis. An extract of the most relevant part of the Guidelines (page 9, OEH, 2013) is provided below:
As per the extract above, the Guidelines are underpinned by the ‘Coastal Management Principles’. The most relevant of these, Principle 4, is extracted below (page 5, OEH, 2013):
Options 1, 2 and 3 provide an assessment of economic costs, impacts and benefits. As it has been contended by an appropriately qualified expert, the OEH Chief Economist, that the economic assessment in the draft WRL management study is perhaps not ‘reasonable practice’ (as per Principle 4), then Council may not be following the Guidelines or meeting its statutory obligations through Option 2.
It should be noted that for Option 1, there is always the risk that the proposed OEH CBA will also be criticised by an appropriately qualified expert as not ‘reasonable practice’, noting that any CBA will be underpinned by assumptions that may be contestable. In this regard, Option 3 may provide the more favourable pathway.
With reference to the above statutory requirements, the Guidelines stipulate that in determining the ‘reasonableness’ of the options, the views of the community and other stakeholders should be sought. In preparing the WRL management study, the views of the community and stakeholders were sought through a number of consultation activities and these assisted in determining the short list of management options to be assessed in the CBA. It is unlikely that the options to be considered in the OEH CBA would undergo this same consultative process and may be informed by, but somewhat different to, the options that were considered in the WRL management study.
Conclusion
With respect to the implications of the three options on: statutory requirements, timeframes, finances, and the other issues identified at Table 2, it is considered that Option 3, which entails the finalisation of the WRL management study as per the variation quotation at Attachment 5, in conjunction with participating in the Steering Committee proposed by the OEH for the preparation of a new cost benefit analysis of coastal hazard management options for Belongil Beach, is considered the least risk pathway for progressing and completing the management study phase of the draft CZMP BBE.
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.9 - Attachment 1
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BSC Doc No: #E2015/12027 Your ref: DOC15/49682
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3 March 2015
Mr Don Arnold
Regional Manager (North East Region)
Office of Environment & Heritage
Locked Bag 914
Coffs Harbour NSW 2450
By email: don.arnold@environment.nsw.gov.au
Cc: ballina@parliament.nsw.gov.au
Dear Mr Arnold
Draft Coastal Hazard Management Study Byron Bay Embayment – Cost Benefit Analysis
Thankyou for your letter, dated 20 February 2015, concerning the draft Coastal Hazard Management Study Byron Bay Embayment Version 4 (management study) and for your summary of the outcomes of the meeting on the cost benefit analysis (CBA), held 13 February 2015. There are, however, a number of matters from the meeting that are not reflected in your letter and remain unresolved.
At the CBA meeting, the OEH gave an undertaking that Council should expect separate finalised advice on the CBA within approximately a fortnight, i.e. by the 27 February. The letter however mentions the advice will be provided ‘in the near future’. Council would be grateful for a clear undertaking from the OEH on when the comments will be received. Noting the management study project and the preparation of the draft Coastal Zone Management Plan Byron Bay Embayment (CZMP), is essentially on hold until this occurs.
Council is also very concerned that the advice is being submitted late in the project and after a series of opportunities for OEH to provide input into the project have been provided; for example the key CBA assumptions were developed in consultation with OEH staff in early 2014 and the CBA was reviewed by OEH in August 2014. In addition, from the draft advice already provided, it appears that OEH may be asking Council to conform to requirements that are outside of the statutory ‘Guidelines for Preparing Coastal Zone Management Plans’ (OEH, 2013).
It is likely that as a consequence of the OEH advice, additional work will be required on the CBA and the management study report. The OEH’s offer to fully fund this work is acknowledged. As Council is the project manager of the management study, we would require clarification on what this funding arrangement would mean in terms of undertaking tasks such as: scoping the necessary works, developing a project timeline, engaging and negotiating with the consultant, attending meetings, reviewing reports etc. This clarification would need to occur before such a funding arrangement would be accepted.
We understand that the Minister for the Environment will refer the draft CZMP to the NSW Coastal Panel before considering certification. It is therefore considered critical to the CZMP process that Council staff meet with the Panel urgently to discuss the current issues regarding the CBA. To date, however, our attempts to secure a meeting within a reasonable timeframe, i.e. early March, have been unsuccessful. Although a date in April was proposed by the Panel’s secretariat, this is not considered appropriate given the time pressures on the project. In this matter, Council seeks your assistance to secure an earlier meeting date.
As you are aware, the draft CZMP was due to be submitted to the Minister on 31 December 2014. This timeframe has now passed and Council has not received a response to the request for an extension, which was submitted in October 2014. You advise that councils subject to a Ministerial Direction who have not lodged their CZMPs by 30 June 2015 will be ineligible for funding under the State Government’s Coastal Management Program. May Council infer from this advice that the due date for the draft CZMP is now 30 June 2015? The uncertainty around the deadline is problematic for Council and clarification would be appreciated.
Council acknowledges the updated OEH advice concerning the staging of the ‘adaptive management approach’. This has been provided to the consultants, Water Research Laboratory, for their consideration.
In view of the concerns raised in this letter Council will be seeking the assistance of local Member for Ballina, Don Page MP. The assistance being sought will include expediting the meeting with the Coastal Panel and arranging for an urgent meeting with the Minister for the Environment, Rob Stokes MP.
The work of the OEH regional office is acknowledged and Council hopes that we can continue to work together to resolve the current issues and finalise the management study. In this context I would be grateful for a prompt response to the issues raised in this letter. You are very welcome to call me on 02 6626 7161 should you wish to discuss any of these matters further.
Yours sincerely
Shannon Burt
Director Sustainable Environment and Economy
Staff Reports - Sustainable Environment and Economy 13.10
Report No. 13.10 PLANNING - 10.2014.649.1 Mixed development comprising; demolition, retention of existing building, erection of a new building to be used for backpacker accommodation (250 beds), shops and restaurants at 19-23 Lawson Street Byron Bay
Directorate: Sustainable Environment and Economy
Report Author: Joe Davidson, Planning Team Leader
File No: I2015/213
Theme: Ecology
Development and Approvals
Proposal:
Development consent is sought to carry out demolition works on the site and construct a new building containing shops, restaurants and backpackers’ accommodation. The site currently contains a two storey building used as backpackers’ accommodation (90 beds) and four retail premises fronting Lawson Street. The backpackers’ accommodation occupies a heritage item that was previously the Byron Shire Council administration building. It is proposed to demolish all development on the site other than the four existing retail premises and parts of the heritage building located on the corner of Lawson and Fletcher Streets.
The design of the proposed building includes two basement levels providing up to 51 car parking spaces accessed from Bay Lane. Three levels are proposed above ground with multiple uses accessed from Bay Lane, Fletcher Street and Lawson Street. Five shops, two restaurants and a foyer for the backpackers’ accommodation are proposed on the ground floor. Two levels of backpackers’ accommodation containing 250 beds are proposed above. Four existing ground floor retail premises fronting Lawson Street are to be retained.
Internal staircases and a lift provide access from the basement levels to the backpackers’ accommodation foyer and upper levels. A loading area, a refuse store, bicycle parking, laundry and storage areas are located within the basement and ground floors to service the development. Toilet facilities and hydrant rooms are also proposed adjacent to the proposed restaurants at ground level. The upper levels include multiple terrace/balcony areas, as well as dining, bar and pool areas for use by guests.
Road and drainage works are proposed within Bay Lane to facilitate access to the site and improve stormwater drainage. This includes the dedication of some private land to Council as road reserve to accommodate new pavement, kerb and subsurface drainage arrangements. A subdivision plan has been submitted as part of the proposal incorporating this dedication. New footpath pavement is proposed to each street frontage to provide a uniform streetscape appearance throughout.
Background:
The Development Application was lodged with Council on 29 October 2014. Accordingly, the proposal is required to be assessed in consideration of Byron Local Environmental Plan 2014 and Byron Development Control Plan 2014.
The Development Application submitted is a revised design of an approved redevelopment of the site that was granted consent under Development Application No. 10.2005.733.1 in May 2007. Following discussions with Council, the Applicant submitted the revised design as a new Development Application rather than as a Section 96 Modification to Development Application No. 10.2005.733.1. The previous Development Application allowed for a 316 bed hostel, 5 retail shops, 2 restaurants and basement car parking to be constructed on the site. The approved development also included demolition works, as proposed within the current Development Application.
Assessment:
An initial assessment of the proposal identified a number of non-compliances with Council’s development control requirements. These include breaches of the maximum height and maximum floor space ratio requirements of Byron Local Environmental Plan 2014, a shortfall in car parking as required under Development Control Plan 2014, and less significant breaches of Development Control Plan 2014 relating to the provision of open space and landscaping.
The Applicant provided amended plans in late 2014 to reduce the height of the proposed development to meet the maximum 9.0 metre requirement of Byron Local Environmental Plan 2014. In addition, the Applicant reviewed the proposed open space and landscaping areas within the site to provide an acceptable level for the intended number of guests. The gross floor area of the development was revised to reduce the extent of non-compliance with the maximum floor space ratio of 1.3:1. Further details were supplied to justify a variation to this non-compliance. This included evidence that the site has an existing approval for a similar development with a much higher gross floor area.
To address the shortfall in car parking on the site, the Applicant has put forward a Voluntary Planning Agreement to provide a financial contribution towards the provision of public car parking within the Byron Bay town centre. This Voluntary Planning Agreement is being considered by Council as a separate item on the Ordinary Meeting Agenda. This Development Application relies upon Council’s endorsement of the Voluntary Planning Agreement. If such is not endorsed, the Development Application cannot be supported in its current form.
The Development Application was placed on public exhibition for 14 days. No public submissions were received. The proposal does not compromise the public interest.
Conclusion:
An assessment of the development proposal concludes that the Development Application has merit and is recommended for approval subject to conditions. The proposed departure from the maximum floor space ratio controls under Byron Local Environmental Plan 2014 is considered justified in this case given the previous approval on the site for a similar development of significantly greater floor area. Provided that the Voluntary Planning Agreement to address the shortfall in on-site car parking is endorsed by Council, the Development Application is able to be recommended for approval.
NOTE TO COUNCILLORS:
In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.
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RECOMMENDATION: 1. That Pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2014.649.1 for Mixed development comprising; demolition, retention of existing building, erection of a new building to be used for backpacker accommodation (250 beds), shops and restaurants, be granted a deferred commencement consent subject to conditions nominated in attachment 1 (A2014/30455)
2. Pursuant to Section 95(2) of the Environmental Planning & Assessment Act 1979, the development consent lapses 5 years after the date from which it operates unless commenced in accordance Section 95(4) or (5). |
1 Evaluation Report 10.2014.649.1 19-23 Lawson Street Byron Bay, A2014/30455 , page 108
2 Proposed Plans 10.2014.649.1 - Lawson Street, Byron Bay, E2015/18185 , page 155
3 Comments from Heritage Advisor, DM618884 , page 164
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.10 - Attachment 1
DEVELOPMENT APPLICATION EVALUATION REPORT
Doc No. #A2014/30455
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DA No: |
10.2014.649.1 |
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Proposal: |
Mixed development comprising; demolition, retention of existing building, erection of a new building to be used for backpacker accommodation (250 beds), shops and restaurants and road widening |
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Property description: |
LOT: 1 DP: 876261 19-23 Lawson Street BYRON BAY |
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Parcel No/s: |
219740 |
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Applicant: |
Byron Ventlink Pty Ltd |
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Owner: |
Byron Ventlink Pty Ltd |
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Zoning: |
Zone No. B2 Local Centre |
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Date received: |
29 October 2014 |
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Integrated Development: |
No – a ground water licence is current for the site |
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Public notification or exhibition: |
- Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications - Exhibition period: 18/11/14 - 1/12/14 - Submissions: 0 |
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Other approvals (S68/138): |
Not applicable |
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Planning Review Committee: |
Yes |
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Delegation to determination: |
Council |
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Issues: |
· Partial demolition of heritage item · Car parking short fall to be resolved by voluntary planning agreement · Floor space ratio variation |
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Recommendation: |
It is recommended that: 1. Pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2014.649.1 for Mixed development comprising; demolition, retention of existing building, erection of a new building to be used for backpacker accommodation (250 beds), shops and restaurants, be granted a deferred commencement consent subject to the following conditions: 2. Pursuant to Section 95(2) of the Environmental Planning & Assessment Act 1979, the development consent lapses 5 years after the date from which it operates unless commenced in accordance Section 95(4) or (5). |
1. INTRODUCTION
1.1 History/Background
The subject site is occupied by the former Byron Shire Council administration building. Records of the exact date of construction of this building are limited, however a plaque located on the front staircase of the building indicates that it opened on 20 August 1929. This original building occupies the south-eastern corner of the allotment.
Major additions to the original 1929 administration building were carried out in 1972, 1981 (Building Application 79/2307), 1983 (Building Application 82/2458) and 1986 (Building Application 86/2328). A number of other smaller scale Development and Building Applications are recorded within Council’s computer records system for the allotment.
The most significant Development Application on the site in recent years was No. 10.2005.733.1, which was granted consent on 30 May 2007 to carry out substantial demolition works on the site, including parts of the former Council administration building, and the construction of a three storey mixed commercial development containing a 316 bed hostel, 5 retail shops, 2 restaurants and basement car parking. Council’s files indicate that this development approval has been commenced so as to activate the development consent, but no significant works have been undertaken to date on the site.
Prior to the 2005 Development Application, the following relevant approvals were issued on the site:
5.1996.378.1 – Change of use to take-away food premises – Approved 20/12/1996
6.1996.2632.1 – Change of use to take-away food premises
6.1996.2606 – Swimming pool – Approved 17/10/1996
6.1996.2537.1 – Hostel (18 Rooms), 4 Shops & Managers Residence – Approved 16/10/1996
5.1996.237.1 – Tourist facility – Approved 10/09/1996
6.1993.2595.1 – Alteration/Addition to office – Approved 01/10/1993
1.2 Description of the site
The proposed development is to be carried out upon an allotment that is located at the north-western corner of Lawson and Fletcher Streets in Byron Bay. The property is described as Lot 1 DP 876261, and is known as 19-23 Lawson Street, Byron Bay. The allotment falls within the B2 Local Centre Zone under Byron Local Environmental Plan (LEP) 2014.
The subject allotment is rectangular in shape with an area of 2023 square metres. It has road frontages of 40.235 metres to Lawson Street, 50.29 metres to Fletcher Street, and 40.235 metres to Bay Lane. The allotment is constrained by an easement to drain water that is 3 metres wide adjacent to the western boundary. The natural fall of the land is from north to south with a gentle slope towards the Lawson Street. Vegetation within the site is limited to fewer than ten (10) trees and smaller plants contained to landscaping bays throughout the property.
Byron Bay Main Beach is located just over 100 metres to the north of the development site. As such, the site is located within the coastal zone and approximately 160 metres from the mean high water mark.
As the subject site is located within the Byron Bay town centre, commercial and retail buildings, both double and single storey, surround the property. Vehicle access to the land is currently available from Bay Lane to the north. Development on the site itself includes a 90 bed hostel known as “Main Beach Backpackers” and a commercial building fronting Jonson Street comprising three retail shops and a food shop.
The hostel occupies buildings that were formerly used as the administration centre for Byron Shire Council, including an original building that was constructed in 1929. This building was listed within Byron Local Environmental Plan 1988 as an ‘item of the environmental heritage’ and is also nominated as a heritage item within Byron Local Environmental Plan 2014. A bitumen car parking area is located at the rear of the allotment with access from Bay Lane. A swimming pool is located within the north-eastern corner of the property.
1.3 Description of the proposed development
Consent is sought to demolish a number of existing buildings and structures within the subject allotment to enable new building works to be carried out. It is proposed to demolish the majority of the existing hostel, including dormitories, toilet block, swimming pool and carparking area. It is also proposed to demolish significant components of the 1929 former Council administration building to enable new building works to occur. Some components of this building are proposed to be retained, specifically the southern and eastern walls fronting Lawson and Fletcher Streets respectively. The existing ground floor retail shops fronting Lawson Street are also proposed to be retained.
The proposed demolition works are to allow for new building works to occur on the site. The Statement of Environmental Effects submitted with the Development Application prepared by Malcolm Scott, describes the proposal as follows:
The layout of the proposed building is such that all shops and restaurants are located on the ground level and accessible from Lawson Street, Fletcher Street or Bay Lane. Vehicle access to the proposed car parking on the ground floor and basement floor is to be provided from Bay Lane at the rear of the allotment.
Accommodation rooms, kitchen and dining areas are proposed on the first floor, as well as open space terrace areas. Further accommodation rooms and open space terrace areas are located on the second floor. A bar area and swimming pool are also proposed on the Second Floor.
A key element of the proposed design is the retention of part of the original 1929 building located within the south-eastern corner of the allotment. It is proposed to retain the southern and eastern frontages of this original building.
The proposal includes development over a stormwater easement that is located adjacent to the western boundary of the allotment. It is proposed to re-route the infrastructure within this easement to the street with a greater design capacity. A number of trees within this easement and within courtyards on the ground floor of the site are to be removed as part of the proposal. These trees currently form landscape specimens, the majority of which can be removed without the consent of Council under the current Tree Preservation Order.
The external finishes of the proposed building comprise a mixture of materials. These were considered by Council’s Heritage Advisor, as discussed within this report.
2.0 SUMMARY OF REFERRALS
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Issue |
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Development Engineer |
Vehicle access, parking, traffic, vehicle manoeuvring, Drainage, Flooding, Coastal Erosion |
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Water & Recycling Services |
Water supply and sewerage connection works |
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ET Engineer |
Developer Servicing Plan |
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Environmental Officer |
SEPP 55, Potential Acid Sulfate Soils, Water Table & Quality, Land use conflicts, Dewatering |
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Property Division |
Land owners consent for works within road reserve (granted) |
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Heritage Advisor |
Heritage impacts |
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NSW DPI Office of Water |
Dewatering licence |
2.1 COMMENTS FROM EXTERNAL REFERRAL BODIES
NSW Department of Primary Industries – Office of Water
In correspondence dated 17 December 2014, NSW DPI Office of Water advised as follows:
The property owner holds a current groundwater licence (30BL184967) that authorises dewatering of the site by a battery of spears. This licence is adequate to cover the dewatering proposed in the current development application.
Heritage Advisor
The subject Development Application comprises a scaled down version of a proposal that was granted consent under Development Application No. 10.2005.733.1, which was for demolition works and the construction of a three storey mixed commercial development containing a 316 bed hostel, 5 retail shops, 2 restaurants and basement car parking.
Council’s heritage Advisor carried out an assessment of the 2005 proposal. This assessment is considered to be relevant to the current proposal as the same demolition works are proposed and the most recent design is a similar but smaller version of the previous approval. The heritage Advisor’s previous comments are provided as an attachment to this report. It was not necessary to refer the proposal for further specialist heritage advice in this case.
Based on the Heritage Advisor’s previous comments and a review of the Heritage Impact Statement (dated 14 January 2015) that was submitted with the Development Application, it is concluded that the proposal will result in an acceptable level of impact on the heritage item. The proposal is supported with respect to heritage impacts, subject to the imposition of conditions of consent, including a requirement that the archaeological potential of the site be investigated during demolition and excavation works.
3. SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES
Having regard for the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979, the following is a summary of the evaluation of the issues.
3.1 STATE/REGIONAL PLANNING POLICIES AND INSTRUMENTS
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Requirement |
Summary of Requirement |
Proposed |
Complies |
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State Environmental Planning Policy No. 55 – Remediation of Lands |
The Council must: (a) consider whether the land is contaminated; and (b) if the land is contaminated, if the land is suitable in its contaminated state or after remediation; and (c) be satisfied before the land is used. Where a change of use is proposed the Council must consider a report provided by the applicant specifying the findings of a preliminary investigation (and detailed investigation if necessary) of the land in accordance with the contaminated land planning guidelines. |
SEPP55 was considered for DA10.2005.733.1. The development does not result in an increased sensitivity. Given the development includes excavations for a basement carpark, a consent condition has been recommended requiring an Unexpected Findings Protocol (UFP) to be prepared and submitted to Council for approval prior to the issue of Construction Certificate. The UFP must be prepared by a suitable qualified person experienced in matters relating to Contamination of Land and Remediation. |
Yes |
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State Environmental Planning Policy No. 71 – Coastal Protection |
Council must have regard for the aims and matters of consideration listed within SEPP No. 71 for development within the Coastal Zone: |
The proposal satisfies the provisions of the SEPP. |
Yes |
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Building Code of Australia |
The proposal must be capable of compliance with the structural and safety requirements of the Building Code of Australia. |
The proposed development has been designed so that detailed plans can be prepared to achieve compliance with the structural and safety requirements of the BCA as part of the construction certificate process. A condition is recommended to ensure the BCA requirements are met. |
Yes |
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Demolition |
All demolition to be carried out in accordance with AS2601 and WorkCover requirements. |
A condition could be included in any consent issued to meet this requirement. |
Yes |
*Issues discussed below
3.2 BYRON LOCAL ENVIRONMENTAL PLAN 2014
Zone: B2 Local Centre Zone
Definition: Backpackers’ Accommodation, Shop, Restaurant or Café
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LEP Requirement |
Summary of Requirement |
Proposed |
Complies |
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Meets objectives of B2 Local Centre Zone |
To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area. |
The development xix and size satisfies this requirement. |
Yes |
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To encourage employment opportunities in accessible locations. |
The site within the Byron Bay Town Centre. The proposal creates increased employment opportunities. |
Yes |
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To maximise public transport patronage and encourage walking and cycling. |
The site is within walking distance of the central bus stop and many attractions within Byron Bay. The proposal includes bicycle parking facilities to encourage cycling. Th |
Yes |
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To encourage vibrant centres by allowing residential and tourist and visitor accommodation above commercial premises. |
The proposal provides tourist and visitor accommodation in the form of backpackers’ accommodation above shops and restaurant uses. |
Yes |
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Permissible uses |
backpackers’ accommodation means a building or place that: (a) provides temporary or short-term accommodation on a commercial basis, and (b) has shared facilities, such as a communal bathroom, kitchen or laundry, and (c) provides accommodation on a bed or dormitory-style basis (rather than by room). |
The proposal provides for backpackers’ accommodation which is permissible within the B2 Local Centre Zone. |
Yes |
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retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following: (a) bulky goods premises, (b) cellar door premises, (c) food and drink premises, (d) garden centres, (e) hardware and building supplies, (f) kiosks, (g) landscaping material supplies, (h) markets, (i) plant nurseries, (j) roadside stalls, (k) rural supplies, (l) shops, (m) timber yards, (n) vehicle sales or hire premises, but does not include highway service centres, service stations, industrial retail outlets or restricted premises. shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises. |
The proposal includes shops that are permissible within the B2 Local Centre Zone. |
Yes |
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restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided. |
The proposal includes two restaurants that are permissible within the B2 Local Centre Zone. |
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Clause 4.3 – Height of buildings |
(1) The objectives of this clause are as follows: (a) to achieve building design that does not exceed a specified maximum height from its existing ground level to finished roof or parapet, (b) to ensure the height of buildings complements the streetscape and character of the area in which the buildings are located, (c) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development. (2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. |
The proposal meets the maximum 9.0 metre height requirement. |
Yes. |
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Clause 4.4 – Floor Space Ratio |
(1) The objectives of this clause are as follows: (a) to ensure that new buildings are appropriate in relation to the character, amenity and environment of the locality, (b) to enable a diversity of housing types by encouraging low scale medium density housing in suitable locations, (c) to provide floor space in the business and industrial zones adequate for the foreseeable future, (d) to regulate density of development and generation of vehicular and pedestrian traffic, (e) to set out maximum floor space ratios for dual occupancy in certain areas. (2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. (2A) Despite subclause (2), the maximum floor space ratio for dual occupancies on land in Zone R2 Low Density Residential is 0.5:1. |
The LEP map provides for a maximum floor space ratio of 1.3:1 on this site. With a site area of 2023m2, a maximum floor space of 2629.9m2 is permitted under Clause 4.4. The proposed development exceeds this maximum by 139.9m2, with a floor space of 2769.8m2. The Applicant has requested a 5.3% variation to the maximum FSR, as discussed under Clause 4.6 below. |
No |
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Clause 4.6 – Exceptions to development standards |
(1) The objectives of this clause are as follows: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. (2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. (3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening the development standard. (4) Development consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and (b) the concurrence of the Director-General has been obtained. |
Refer to issues Section below. |
Refer to Issues Section below. |
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Clause 5.5 – Development within Coastal Zone |
The Objective of Clause 5.5 are (in summary): (a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development, (b) to implement the principles in the NSW Coastal Policy. |
The proposal is consistent with the objectives of Clause 5.5. |
Yes |
|
|
Development consent must not be granted to development within the coastal zone unless Council has considered: (a) existing public access to and along the coastal foreshore for pedestrians (including persons with a disability); (b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality; (c) the impact of the proposed development on the amenity of the coastal foreshore; (d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected; (e) how biodiversity and ecosystems; (f) he cumulative impacts of the proposed development and other development on the coastal catchment.
|
The proposal satisfies the considerations within Clause 5.5. |
Yes |
|
Clause 5.10 – Heritage Conservation |
(5) Heritage assessment (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned. |
The Applicant submitted a heritage impact statement in accordance with this clause. Refer to Section 2.1 of this report for comments relating to the assessment of this heritage impact statement. |
Yes. |
*Issues discussed below
Byron Local Environmental Plan 2014 - Issues
Clause 4.6 – Exceptions to development standards
The subject site has an area of 2023m2. Clause 4.4 of Byron LEP 2014 provides a maximum floor space ratio of 1.3:1, which allows a maximum floor area of 2629.9m2 on this site. The proposed development exceeds this maximum by 139.9m2, with a floor space of 2769.8m2. This represents a variation of 5.3%. The Applicant has requested a variation to the maximum FSR for the following reasons:
A review of Council’s records confirmed that Development Consent No. 10.2005.733.1 approved a building on the site with a floor area of over 4000 square metres. This development consent has been lawfully commenced and construction could progress at the Applicant’s discretion. However, the Applicant has submitted a revised development with a gross floor area of 2769.8 square metres. Although greater than the 2629.9 square metres permitted on the site under Clause 4.4 of Byron LEP 2014, the proposed gross floor area is considerably less than the 2005 Development Application.
Council is required to consider the following key questions in determining a variation under Clause 4.6:
(a) Has Council received a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(i) compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?
(ii) there are sufficient environmental planning grounds to justify contravening the development standard?
The applicant has provided a written request that seeks to justify the contravention of the development standard.
(b) Is the consent authority is satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by (a) above?
An assessment of the applicants written request confirms that sufficient justification has been provided to contravene the development standard that sets a maximum floor space ratio of 1.3:1. The proposed mixed use development follows a previous approval on the site that is of substantially greater floor area. The new design is less intrusive than the approved development. It is compatible with the B2 Local Centre Zone and sits well on the 2023 square metre site. A condition is recommended for inclusion within the development consent requiring the previous development consent to be surrendered. The revised proposal will result in a better planning outcome for the site. For these reasons it is unreasonable to require compliance with the maximum floor space ratio requirements for the site in this case.
(c) Is the consent authority satisfied that the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out?
The proposal has been assessed as being consistent with the objectives of the B2 Local Centre Zone. The proposal is also assessed as being consistent with the objectives of Clause 4.4, particularly objective (a) which is to ensure that new buildings are appropriate in relation to the character, amenity and environment of the locality. An inspection of the site confirmed that the proposal is consistent with the character of the town centre. Accordingly, the development is deemed to be in the public interest.
Draft EPI that is or has been placed on public exhibition and details of which have been notified to the consent authority - Issues
No draft Environmental Planning Instruments apply to the site.
3.3 DEVELOPMENT CONTROL PLANS
Development Control Plan 2014
Chapter B8 – Waste Minimisation
The proposal includes refuse storage areas in the design. A condition is to be imposed require a Site Waste Minimisation Plan to be submitted prior to the issue of a Construction Certificate for demolition or building works.
Chapter B9 – Landscaping
Chapter B9.6.1 includes a prescriptive measure that requires a minimum 10% of the site area of a tourist and visitor accommodation proposal to be landscaped area. By definition, ‘landscaped area’ means an area of ground available for planting and/or management of vegetation.
The subject site has an area of 2023m2. The proposal would require a total of 202.3 square metres to be undeveloped and dedicated as landscaped area. The aerial photograph below shows that less than 150 square metres of the site is currently available for planting given the extent of buildings and car parking areas over the site.
Aerial Photograph dated May 2013
The subject site is constrained by a heritage building that is to be partially retained as part of the redevelopment. The design incorporates a basement car park with access from Bay Lane. The existing landscape areas will be removed as part of the proposal. In its place, the applicant proposes to provide landscaped areas within the terrace/balcony areas of the development. The Applicant has indicated that the equivalent of 9% of the site area can be provided as landscaped area in this way.
The plans submitted confirm that 512 square metres of unroofed terrace and balcony areas are proposed within the development. These are provided on Level 1 and Level 2 of the new building, with voids provided in the uppermost floor to provide solar access below. It is satisfied that the landscaped area can be provided within the terrace/balcony areas, rather than within the natural ground.
It is noted that not all of these balcony/terrace areas will be provided with planting areas as they will also be used as private open space areas. However, it is recommended that a condition is imposed that requires the submission of a landscaping plan with at least 150 square metres of landscaped area to be provided within the proposed development to replace that already on the site.
Chapter B10 – Signage
The applicant has indicated that separate application will be made for signage as required by individual tenancies.
Chapter B11 – Planning for Crime Prevention
“Crime Prevention and the Assessment of Development Applications” – Guidelines under section 79C of the Environmental Planning and Assessment Act (Department of Infrastructure, Planning and Natural Resources:2001).
An assessment has been undertaken with regards to Chapter B11 of DCP 2014 as to the legitimacy of any risk to the public.
Council’s DCP refers to basic Crime Prevention Through Environmental Design (CPTED) principles that are relied upon in development assessment. This includes surveillance, access control, territorial reinforcement and space management. The following assessment has been carried out with regards to the proposed development and provides that, subject to conditions of consent, the design is satisfactory in terms of crime prevention:
1. Surveillance
The proposed terrace/balcony areas of the hostel development will allow for passive surveillance over Bay Lane, Fletcher Street and Lawson Street. Existing urban infrastructure ensures that effective lighting is achieved within the town centre. The location of buildings and spaces within the proposed development enables adequate lighting and surveillance.
2. Access Control
The proposed development provides for effective access control both within and outside the site. The driveway access is via clear entry/exit points to the site. The design is such that security gating can be erected to control access to the development if required.
3. Territorial Reinforcement
The spatial separation of the shops, restaurants and the hostel are such that the public and private domains of the site can be clearly enforced. Access to the hostel located on the upper floors can be easily controlled by access doors.
4. Space Management
The internal layout of the development sets clear management of space between the different uses.
Chapter B12 – Social Impact Assessment
A social impact assessment was submitted as part of the Statement of Environmental Effects that was lodged with the Development Application. This assessment concludes that the development will not have an adverse social impact because the town centre location is suitable for the proposed land uses. This conclusion is supported.
Chapter B13 – Access and Amenity
Provision is made for disabled access within the site through the provision of designated car parking spaces and a lift to each floor of the development. Accessible bathrooms have been nominated within the floor plan of both backpackers’ accommodation levels. Chapter B13 requires a minimum of 10% of beds and 10% of the bathrooms within such development to be adaptable. A condition is to be imposed within the consent to meet this requirement (which will equate to 25 beds and 4 bathrooms in this development).
Chapter B14 – Excavation and Fill
This Chapter limits earthworks to a maximum of 1.0 metre. The proposal includes a basement car parking area that requires well over 1.0 metre in excavation. Given the B2 Local Centre Zoning of the property and the various uses proposed (backpackers’ accommodation, shops, restaurants), it is not appropriate to limit earthworks to 1.0 metre on this site. The proposed earthworks can be appropriately managed with dewatering licencing and sedimentation controls. The proposed works are supported.
Chapter D3 – Tourist Accommodation
Chapter D3.2.1 – Location and Siting
The proposal is consistent with the objectives relating to siting and location of tourist accommodation. The site does not have ecological significance and does not require any buffers to be applied to minimise land use conflicts.
Chapter D3.2.4 – Character and Design in Business and Mixed Use Zones
This DCP provision requires tourist and visitor accommodation development within the B2 Local Centre Zone must be compatible in character and amenity with development in the locality. The Byron Bay town centre location is characterised of higher density development when compared to other locations within the shire. The proposal is consistent with this existing built form. The appearance of the proposed development is satisfactory for its site. The proposal does not attempt to reproduce the heritage item located within the sites south-eastern corner, but provides a new development that compliments this historical building.
It is recommended that a condition be included within the development consent requiring a schedule of materials and colours to be submitted to confirm the final details for the development.
Chapter D3.3.1 – Backpackers’ Accommodation
|
Provision |
Required |
Proposed |
Complies |
|
Performance Criteria 1 |
The design and operation of backpackers’ accommodation must be compatible with the streetscape and character of development in the locality. |
The proposal is consistent with the character of the urban setting and compliments the heritage item on the site. |
Yes |
|
Performance Criteria 2 |
Development Applications must demonstrate that the proposal will be consistent with Planning for Crime Prevention requirements. |
Refer to Chapter B11 above. |
Yes |
|
Performance Criteria 3 |
Development Applications may need to be accompanied by a Social Impact Assessment. |
A social impact assessment was submitted as part of the Statement of Environmental Effects that was lodged with the development proposal. |
Yes |
|
Performance Criteria 4 |
Accommodation must have access to an outdoor sitting area adequate for the proposed number of occupants, which must be adjacent to the general living or kitchen area and which must provide adequate access to winter sun and summer shade. The outdoor area may comprise part of a common access balcony. |
The plans submitted demonstrate that adequate outdoor terrace/balcony areas have been provided within the design. |
Yes |
Chapter D8 – Public Art
The Applicant has stated that the historic site provides little opportunity to provide public art in a traditional sense (ie. artwork, sculpture etc.) within the building. However, the land owners have indicated that they are in possession of original certificate of title for the land. This document is dated 1893, and is fixed with the wax seal of the Lieutenant Governor of the Colony of New South Wales.
The applicant proposes that this document be framed and hung within a public area of the former Byron Shire Council administration building alongside the heritage inventory of the 2007 Byron Shire Council Community Based Heritage Study 2007. This concept of public art provision sits well with the history of the site.
Chapter D8 requires public art to be provided for the proposed development to a value of at least $25,000. Given that the value of the certificate of title document is not known, it is recommended that a condition be included within the consent to require the proposed ‘artwork’ to be reviewed by Council prior to its incorporation into the development. Council shall determine if the proposed public art is satisfactory or whether an alternate public art contribution needs to be made.
Chapter B3 & B4 - External Access
The application advises that vehicular access to the building will be from Bay Lane in the same location as was approved for DA 10.2005.733.
Vehicular access to the site is proposed from the rear laneway (Bay Lane), where there is good sight distance for the slow speed environment. The application proposes to change the traffic configuration of Bay Lane from the one way (Jonson St to Fletcher St) shared traffic zone to allow access to the proposed development from Fletcher Street. The proposed changes are generally consistent with the existing approval (DA 10.2005.733.1) and are as follows:
· two way traffic in Bay Lane from Fletcher St to the site access;
· reducing the shared traffic zone to the site access;
· maintaining a loading zone from the site access to the western boundary;
· provision of appropriate line marking and signage to channelise traffic; and
· provision of a 2m wide footpath area to the Bay Lane frontage of the site.
To facilitate the above, the application proposes 1.5m of road widening along the Bay Lane frontage of the site and a 3m x 3m splay as road widening at the intersection of Bay Lane and Fletcher Streets. Conditions have been included in the recommendation for the road widening, together with a requirement to provide rights of footway (limited in height) over the footpath area.
Conditions have also been recommended to ensure that all regulatory traffic facilities are approved by the Local Traffic Committee prior to approval of the works under section 138 of the Roads Act 1993.
Chapter B4 - Internal Access
The application provides car parking in two levels (ground floor and basement) with vehicular access via ramps at the northern end of the site from the reconfigured Bay Lane (as discussed above).
A review of the application has demonstrated that the parking layout can be constructed to the requirements of AS 2890. The access driveway can accommodate entry and exit at the same time, however the internal intersection areas have been designed for use by one vehicle at a time. This is considered acceptable because there is adequate queuing area within the parking area to minimise traffic impacts.
Chapter B4 - Car Parking
Based on the parking rates in Council's DCP 2014 and the Byron LEP 2014 definition of GFA, the proposed demand for car spaces is estimated as follows:
|
Tenancy |
Use |
Area (m2) / (Beds) |
Parking Rate |
Car Spaces |
|
Shop 1 |
Shop |
58.4 |
1 / 20m2 |
2.9 |
|
Shop 2 |
Shop |
58.4 |
1 / 20m2 |
2.9 |
|
Shop 3 |
Shop |
58.4 |
1 / 20m2 |
2.9 |
|
Shop 4 |
Shop |
58.4 |
1 / 20m2 |
2.9 |
|
Shop 5 |
Shop |
43 |
1 / 20m2 |
2.2 |
|
Shop 6 |
Shop |
46 |
1 / 20m2 |
2.3 |
|
Shop 7 |
Shop |
41 |
1 / 20m2 |
2.1 |
|
Shop 8 |
Shop |
41 |
1 / 20m2 |
2.1 |
|
Shop 9 |
Shop |
46 |
1 / 20m2 |
2.3 |
|
- |
Restaurant |
70 |
1 / 20m2 |
3.5 |
|
- |
Restaurant |
70 |
1 / 20m2 |
3.5 |
|
Communal |
Toilets |
56 |
1 / 20m2 |
2.8 |
|
Subtotal = |
646 |
Subtotal = |
32.3 |
|
|
Backpackers Accommodation |
(250) |
1 / 8 beds |
31.3 |
|
|
Total = |
64 |
|||
|
Less credit for car parking contributions paid for existing development approved by DA 5.1996.237 = |
4 |
|||
|
TOTAL = |
60 |
|||
The application states that any parking assessment of the proposal should be based on the expert evidence presented during the hearings of the Land & Environment Court Appeal (10786 of 2010) for DA 10.2005.733.2. The application has assessed the parking to be provided as 54 car spaces (i.e. 58 less 4 car spaces provided for by payment of contributions for the existing development approved by DA 5.1996.237.1). Based on the parking rates in the expert evidence (which was partly based on the rates in the RMS Guide to Traffic Generating Developments) and the RMS definition of GLFA, the proposed development requires 54 car spaces, which is assessed as follows:
|
Tenancy |
Use |
Area (m2) / (Beds) |
Parking Rate |
Car Spaces |
|
Shop 1 |
Shop |
58.4 |
4.5 / 100m2 |
2.6 |
|
Shop 2 |
Shop |
58.4 |
4.5 / 100m2 |
2.6 |
|
Shop 3 |
Shop |
58.4 |
4.5 / 100m2 |
2.6 |
|
Shop 4 |
Shop |
58.4 |
4.5 / 100m2 |
2.6 |
|
Shop 5 |
Shop |
43 |
4.5 / 100m2 |
1.9 |
|
Shop 6 |
Shop |
46 |
4.5 / 100m2 |
2.1 |
|
Shop 7 |
Shop |
41 |
4.5 / 100m2 |
1.8 |
|
Shop 8 |
Shop |
41 |
4.5 / 100m2 |
1.8 |
|
Shop 9 |
Shop |
46 |
4.5 / 100m2 |
2.1 |
|
- |
Restaurant |
70 |
4.5 / 100m2 |
3.2 |
|
- |
Restaurant |
70 |
4.5 / 100m2 |
3.2 |
|
Subtotal = |
591 |
Subtotal = |
26.6 |
|
|
Backpackers Accommodation |
(250) |
1 / 8 beds |
31.3 |
|
|
Total = |
58 |
|||
|
Less credit for car parking contributions paid for existing development approved by DA 5.1996.237 = |
4 |
|||
|
TOTAL = |
54 |
|||
The application proposes 51 (14 + 37) car spaces, which is a shortfall of 3 (54 – 51) car spaces and as such fails to provide sufficient car parking to meet estimated user needs. However, the applicant has proposed a Voluntary Planning Agreement (VPA) to pay a monetary contribution for 3 car parking spaces to offset the shortfall. State and local planning legislation allows Council to consider a Voluntary Planning Agreement to resolve a shortfall in car parking subject to a formal resolution of Council. Accordingly, a report on the VPA has been prepared as a separate item within the Council Meeting Agenda. The Development Application cannot proceed in its current form without a resolution endorsing the VPA. It is therefore appropriate that a deferred commencement consent be granted to ensure the VPA is secured before a full development consent is issued.
Chapter B4.2.8 - Bicycle Facilities
Based on the rates in DCP 2014 the proposed development requires 62 bicycle spaces, as below:
|
Use |
Area (m2) / (Beds) |
Parking Rate |
Bicycle Spaces |
|
Shops |
451 |
2 / 100m2 & 1 / 200m2 |
5.3 |
|
Restaurants |
140 |
1 / 25m2 |
5.6 |
|
Communal Toilets |
56 |
2 /100m2 |
1.1 |
|
Subtotal = |
646 |
Subtotal = |
12.0 |
|
Backpackers Accommodation |
(250) |
1 / 5 beds |
50.0 |
|
|
|
Total = |
62 |
The application states that the number of bicycle spaces is unrealistic and initially proposed facilities for 8 bicycles (Class 3 - facilities to which bicycle frames and wheels can be locked) within the parking area shown on the Ground Floor Plan.
By comparison, a total demand for 10 bicycle spaces, comprising 5 class 1 or 2 facilities and 5 class 3 facilities, is estimated using the rates included in Commentary C2.2 of Austroads (2008) – Guide to Traffic Management, Part 11 – Parking, which is assessed as follows:
|
Use |
Area (m2)/ (Rooms) |
Rate (staff) |
Class 1 or 2 Spaces |
Rate (customers) |
Class 3 spaces |
|
Shops |
451 |
1 / 300m2 |
1.5 |
1 / 500m2 |
0.9 |
|
Restaurants |
140 |
1 / 100m2 |
1.4 |
2 / shop |
4.0 |
|
Communal Amenities |
56 |
1 / 100m2 |
0.6 |
n/a |
|
|
Tourist Accommodation |
(62) |
1 / 40 rooms |
1.6 |
n/a |
|
|
Total = |
5 |
Total = |
5 |
There is a significant difference in the demand for bicycle spaces when comparing the rates recommended by DCP 2014 to Austroads. The 50 bicycle spaces calculated using the rates in DCP 2014 for backpackers appears extremely high. It is recommended that provision should be made for a total of 14 (12.0 + 1.6) bicycle spaces. It is also considered appropriate to allow 50% of the level of provision recommended at the initial installation stage and space set aside to allow 100% provision in the future if there is demand for the spaces.
The application was amended on 27 February 2015 and now proposes facilities for 14 bicycles (Class 3 - facilities to which bicycle frames and wheels can be locked) within the parking area shown on the Ground Floor Plan.
Chapter C4.2.8 - Motorcycle Parking
No motor cycle spaces are required as the commercial floor area is less than 1000m2, however a condition has been recommended to allow 1 of the proposed car spaces to be converted to 4 motor cycle spaces.
Chapter B4.2.9 - Loading Facilities
Based on the schedules in DCP 2014, the proposed development requires 2 loading bays, comprising 1 for small rigid vehicles (SRV) and 1 for medium rigid vehicles (MRV), which is assessed as follows from table B4.2:
|
Use |
Area (m2) |
SRV |
MRV |
HRV |
AV |
|
Shops and Restaurants |
646 |
1 |
1 |
0 |
0 |
The application proposes to provide 1 on-site loading bay (3.6m wide x 5.4m long) near the driveway entrance. It is also proposed to utilise an existing on-street loading zone at the Bay Lane frontage of the site. The proposed on-site loading bay is not of sufficient dimensions to comply with the Australian Standard for loading bays, however it is considered that the space is suitable for deliveries by passenger vehicles and vans. The on-street loading zone will provide sufficient space to accommodate standard service vehicles in accordance with AS 2890.2:2002.
Although the application does not provide sufficient on-site loading facilities to meet the demand estimated by Council’s DCP rates, it does have access to an on-street loading zone in the laneway. The proposal is assessed as being supportable on this basis.
Chapter B4.2 - Traffic
The application states that the generation of traffic and impact on the local road network has been considered and assessed by both Council and the NSW Land & Environment Court in considerable detail for DA 10.2005.733.
Based on the traffic rates from RMS Guide to Traffic Generating Developments and the RMS definition of GLFA, the existing development (DA 5.1996.237.1 - 90 bed hostel & 4 shops) is estimated to generate 163 trips per day, which is assessed as follows:
|
Use |
Area (m2) / (Beds) |
Traffic Rate |
Trips |
|
Shops |
234 |
55.5 / 100m2 |
129.6 |
|
Restaurants |
0 |
75 / 100m2 |
0.0 |
|
Subtotal = |
234 |
- |
|
|
Backpackers Accommodation |
(90) |
3 / car space |
33.8 |
|
|
|
Total = |
163 |
Using the same rates as above, the proposed development (250 bed hostel, 9 shops & 2 restaurants) is estimated to generate 449 trips per day, which is assessed as follows:
|
Use |
Area (m2) / (Beds) |
Traffic Rate |
Trips |
|
Shops |
451 |
55.5 / 100m2 |
250.1 |
|
Restaurants |
140 |
75 / 100m2 |
105.0 |
|
Subtotal = |
591 |
- |
|
|
Backpackers Accommodation |
(250) |
3 / car space |
93.8 |
|
|
|
Total = |
449 |
The proposed development is estimated to increase traffic by 286 (449 – 163) trips per day, which is less than the estimated increase in traffic for the currently approved development for DA 10.2005.733 on the subject site. Council’s assessment for DA 10.2005.733.1 estimated an increase in traffic of 291 trips per day (29 – 44 peak hour trips) and accepted that the development would not contribute to an unreasonable increase to traffic congestion.
Chapter B3.2.3 - Stormwater Management
The application states that the reports submitted for DA 10.2005.733 demonstrate that adequate provision can be made for stormwater management on site.
The construction applications for the stormwater drainage works lodged for DA 10.2005.733 propose on-site stormwater detention to Council’s standards and the relocation of the existing drainage line on the western boundary. The application includes plans showing the detention tank in the same location as the plans submitted for the construction application, which included a detention tank in the basement in the north eastern corner of the site discharging to the kerb in Lawson Street at the south eastern corner of the site via a piped system. The existing drainage line located within the drainage easement on the western property boundary is proposed to be relocated to the Bay Lane and Fletcher Street kerb alignment. The drainage system will be sized to accommodate the 1:100 year storm event along Bay Lane due to the low point at the western property boundary. There is currently no overland flowpath through the site and therefore the provision of 1:100 year drainage system is considered appropriate.
Conditions have been recommended for the necessary stormwater works and the extinguishment of easement. It is noted that at Council’s meeting of 24 May 2007 at which it considered and determined DA 10.2005.733.1, that Council resolved (in part):
07-270 Resolved:
1. That Council authorises the removal of the Easement to Drain Water 3 Wide vide DP 876261 as it affects Lot 1 and that the Council seal be attached to the legal documents authorising the removal.
Chapter C2 - Flood Planning
The Belongil Creek Floodplain Risk Management Study & Plan has not been adopted at the time of writing this report and as such the flood planning levels from the Belongil Creek Flood Study (2009) apply, which for the subject land are:
· 3.1m AHD for the 2050 Climate Change planning horizon; and
· 3.9m AHD for the 2100 Climate Change planning horizon.
The Belongil Creek Flood Study (2009) indicates that the subject land is not affected by the 100 year hazard for the existing climate (i.e. no hazard) and is only partly affected by the 100 year low hazard for the 2100 Climate Change Planning Horizon.
The following table summarises the relevant requirements of the flood planning matrix (table C2.1) of DCP 2014 as it relates to the subject development:
|
Controls |
Primary Constraints |
Additional Constraints |
|
Suitability |
Not applicable |
Consider for development subject to the controls below. |
|
Floor Level |
All floor levels to be greater than or equal to the Projected 2050 Flood Planning Level. |
All floor levels to be greater than or equal to the Projected 2050 Flood Planning Level. |
|
Building Components |
Not applicable |
Buildings to have flood compatible material below the relevant flood planning level. |
|
Structural Soundness |
Not applicable |
No structural soundness requirements for the force of floodwater, debris & buoyancy. |
|
Flood Effect |
Not applicable |
No action required. |
|
Evacuation & Access |
Not applicable |
Council to provide information on flood evacuation strategy. |
The subject development is considered suitable having regard to the requirements of the flood planning matrix. Apart from the existing shops, all floor levels are greater than the 2050 flood planning level of 3.1m AHD. Suitable conditions can be imposed to ensure the use of flood compatible materials below 3.1m AHD.
In addition to the planning matrix, the DCP also requires that any basement car park incorporate design elements (e.g. ramps etc) or automatic mechanisms (e.g. hydraulic barriers etc) to prevent the ingress of flood waters. The design elements or mechanisms are to comply with at a minimum the Projected 2050 Flood Planning Level. The basement shall also include facilities for the pumping of water in the event of failure, or larger flood events.
The basement access is well above the Projected 2050 Flood Planning Level and local drainage flooding (i.e. blockages in the proposed drainage diversion) is unlikely because overland flow is to the west via the car park in the adjoining land due to existing kerb and land levels.
Clause 6.4 of BLEP 2014 applies to the development, being located on land between the flood planning area and the level of the probable maximum flood and for the purpose of tourist accommodation. The Belongil Creek Flood Study (2009) estimates a probable maximum flood level of 3.75m AHD for the subject site. All habitable floors for the backpackers (tourist) accommodation is located above the probable maximum flood and evacuation access above the probable maximum flood is available from Bay Lane.
Having regard to the above, the development does not compromise the provisions of clauses 6.3 or 6.4 of Byron LEP 2014.
Chapter E5.4 - Coastal Erosion
The proposed development is located within the ‘Coastal Erosion Hazard Area’ on the Byron Bay Coastal Hazards Map (E5.1) and as such is subject to the proviso that should the erosion escarpment come within 50 metres of any building then the development consent will cease.
Conditions have been recommended to ensure that 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’.
3.4 The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
The design of the new development is such that it compliments the heritage character of the building within the site. The overall height of the proposed new works are compatible with the height of the existing buildings on surrounding allotments. The visual impacts of the proposal are suitable for the urban locality.
Vegetation removal from the site is limited to landscape species, the majority of which can already be removed without the consent of Council. Impacts associated with construction works are short term and can be appropriately managed with conditions of consent. Traffic impacts have been assessed as satisfactory for the town centre site.
Subject to compliance with conditions of consent, the proposal is unlikely to result in a significant adverse impact on the surrounding environment.
3.5 The suitability of the site for the development
The subject site is an existing urban allotment located within the Byron Bay town centre. The land is located within the B2 local Centre Zone. The site has access to urban services including water, sewer, electricity and telecommunications. Arrangements have been proposed to provide stormwater drainage from the site.
Development in the immediate locality is of mixed uses and the site itself will have a mix of modern and historic buildings. The new works have been designed so that they will not detract from the historic building on the site. The proposal will continue to provide similar uses to those currently operating within the site.
The site is constrained by coastal erosion and potential acid sulfate soils. The development has been designed to ensure impacts of these constraints are minimised. The development is not likely to conflict with surrounding uses. The proposed uses and building forms are suitable for the site. The application is supported from a site suitability assessment.
3.6 Submissions made in accordance with this Act or the regulations
The subject Development Application was placed on public exhibition from 18 November to 1 December 2014. No submissions were received in respect of the proposed development.
3.7 Public interest
Subject to compliance with conditions of consent, the proposed development is not likely to compromise the public interest.
4. DEVELOPER CONTRIBUTIONS
4.1 Water & Sewer Levies
DA10.2014.649.1 proposes to demolish and retain specific buildings and erect a new building for a mixed commercial development. A similar previous development DA10.2005.733.1 was approved in 2007 but works did not proceed.
Existing Entitlements
|
Development |
Standard Unit |
ET Rate |
ET |
||
|
Water |
Sewer |
Water |
Sewer |
||
|
Hostel Ref 6.5 |
90 beds |
0.15/bed |
0.23/bed |
13.5 |
20.7 |
|
Shop Single Retail Ref 8.1 |
58.4m2 |
0.003 |
0.003 |
0.18 |
0.18 |
|
Shop Single Retail Ref 8.1 |
58.4m2 |
0.003 |
0.003 |
0.18 |
0.18 |
|
Shop Takeaway / Fast Food Ref 9.2 |
58.4m2 |
0.02 |
0.02 |
1.17 |
1.17 |
|
Shop Takeaway / Fast Food Ref 9.2 |
58.4m2 |
0.02 |
0.02 |
1.17 |
1.17 |
|
TOTAL |
16.2 |
23.4 |
|||
Proposed Development
The water and sewerage load generated from the construction of the mixed development is:
|
Development |
Standard Unit |
ET Rate |
ET |
||
|
Water |
Sewer |
Water |
Sewer |
||
|
Hostel Ref 6.5 |
250 beds |
0.15/bed |
0.23/bed |
37.5 |
57.5 |
|
Existing Shop Single Retail Ref 8.1 |
58.4m2 |
0.003 |
0.003 |
0.18 |
0.18 |
|
Existing Shop Single Retail Ref 8.1 |
58.4m2 |
0.003 |
0.003 |
0.18 |
0.18 |
|
Existing Shop Takeaway / Fast Food Ref 9.2 |
58.4m2 |
0.02 |
0.02 |
1.17 |
1.17 |
|
Existing Shop Takeaway / Fast Food Ref 9.2 |
58.4m2 |
0.02 |
0.02 |
1.17 |
1.17 |
|
Proposed Shops x 5 Single Retail Ref 8.1 |
217m2 (total) |
0.003 |
0.003 |
0.65 |
0.65 |
|
Proposed Restaurant x 2 Restaurant / Café Ref 9.2 |
140m2 (total) |
0.01 |
0.01 |
1.40 |
1.40 |
|
Bar / Lounge Ref 10.2 |
133 m2 |
0.03 |
0.05 |
3.99 |
6.65 |
|
Swimming Pool |
21 m2 (assumed 1.8m deep) |
As per following calc’s |
0.43 |
0.31 |
|
|
TOTAL |
46.67 |
69.21 |
|||
Therefore this development generates additional loading onto Council Water, Bulk Water and Sewer beyond the lots existing entitlement of:
· 46.67 – 16.20 = 30.47 ET for Water & Bulk Water;
· 69.21 – 23.40 = 45.81 ET for Sewer.
Council can supply water services to the proposed development on payment of Developer servicing Charges.
NB: figures are from the current Water and Sewer Equivalent Tenements Policy (13/005).
4.2 Section 94 Contributions
A condition is to be included within the consent with respect to the payment of contributions under Section 94 of the Environmental Planning and Assessment Act 1979.
5. CONCLUSION
Development consent is sought to carry out demolition works on the site and construct a new building containing shops, restaurants and backpackers’ accommodation. The site currently contains a two storey building used as backpackers’ accommodation (90 beds) and four retail premises fronting Lawson Street. The backpackers’ accommodation occupies a heritage item that was previously the Byron Shire Council administration building. It is proposed to demolish all development on the site other than the four existing retail premises and parts of the heritage building located on the corner of Lawson and Fletcher Streets.
The proposed development complies with the majority of planning controls applying to the site. The applicant has provided adequate justification for a 5.3% departure to the maximum floor space ratio provisions of Byron Local Environmental Plan 2014. A shortfall in car parking spaces is proposed to be resolved by way of a Voluntary Planning Agreement that is being considered as a separate item to this Council Meeting agenda.
An assessment of the proposal found that the site is suitable for the development. The proposal is unlikely to result in significant adverse impacts on the surrounding environment. The development application does not compromise the public interest. No public submissions were received with respect to the proposal.
The Development Application has merit and is recommended for approval subject to conditions. The proposed departure from the maximum floor space ratio requirements of Byron Local Environmental Plan 2014 is justified in this case given the previous approval on the site for a similar development of significantly greater floor area. Provided that the Voluntary Planning Agreement to resolve the shortfall in on-site car parking is endorsed by Council, the Development Application is assessed as being worthy of an approval.
6. RECOMMENDATION
It is recommended that:
Pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, Development Application No. 10.2014.649.1 for Mixed development comprising; demolition, retention of existing building, erection of a new building to be used for backpacker accommodation (250 beds), shops and restaurants, be granted a deferred commencement consent subject to the following conditions:
DEFERRED COMMENCEMENT CONDITIONS OF CONSENT:
A) Car Parking
This consent does not operate until Council is satisfied that the shortfall in car parking provided for the development is resolved by way a Voluntary Planning Agreement.
To satisfy Council in this matter, the Voluntary Planning Agreement endorsed by Council Resolution on 9 April 2015 must be enacted and all payments required to be made under that Voluntary Planning Agreement fulfilled.
B) External Materials and Colours
This consent does not operate until Council is satisfied that external colours and materials can be utilised, which will blend with the heritage place and its surroundings. Finishes of external walls and roofing details provided with the development application are not sufficient to determine suitability. Therefore to satisfy Council in this matter the applicant must submit details of a satisfactory analysis of the original paint finishes on the heritage place and finished external colours based on the information obtained from the paint analysis and new materials of the development including a detailed schedule/display of materials and colour charts.
Evidence of compliance with the above conditions, sufficient to satisfy the Council as to those matters, must be provided within 12 months of this notice. If satisfactory evidence is produced in accordance with this requirement, Council will give notice to the applicant of the date from which the consent operates.
CONDITIONS OF CONSENT:
Parameters of this 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: |
|
5829DP01 |
Plan of Subdivision |
Ardill Payne & Partners |
6 February 2010 |
|
A02.04 |
Demolition Plan |
Logan Architecture |
June 2010 Amd. A 8.07.2011 |
|
NDA-01 Amd. A |
Site Plan |
Logan Architecture |
March 2015 Amd. A 24.10.2014 |
|
NDA-02 Amd A. |
Basement Floor Plan |
Logan Architecture |
March 2015 Amd. A 24.10.2014 |
|
NDA-03 Amd. A |
Ground Floor Plan |
Logan Architecture |
March 2015 Amd. A 24.10.2014 |
|
NDA-04 Amd. A |
Level 1 Floor Plan |
Logan Architecture |
March 2015 Amd. A 24.10.2014 |
|
NDA-05 Amd. A |
Level 2 Floor Plan |
Logan Architecture |
March 2015 Amd. A 24.10.2014 |
|
NDA-06 Amd. A |
Elevations |
Logan Architecture |
March 2015 Amd. A 24.10.2014 |
|
NDA-07 Amd. A |
Sections |
Logan Architecture |
March 2015 Amd. A 24.10.2014 |
|
NDA-08 Amd. A |
Roof Plan |
Logan Architecture |
March 2015 Amd. A 15.12.2014 |
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) Description of approval
Approval is granted for demolition works as shown within the approved demolition plan A02.04, construction works as shown within the approved architectural plans NDA-01 to NDA-08 (Amd. A), and subdivision works as shown within the approved subdivision plan 5829DP01. Approved uses are described below:
(a) The five tenancies nominated as ‘Shop 5’, ‘Shop 6’, ‘Shop 7’, ‘Shop 8’ and ‘Shop 9’ are approved for use as a ‘shop’ as defined within Byron Local Environmental Plan 2014.
(b) The two tenancies nominated as ‘Restaurant’ are approved for use as a ‘restaurant or café’ as defined within Byron Local Environmental Plan 2014.
(c) Separate development consent is required for any fit out works that are not able to be completed as ‘exempt development’ within individual retail premises and restaurant tenancies.
(d) The four tenancies nominated as ‘Shop 1’, ‘Shop 2’, ‘Shop 3’ and ‘Shop 4’ have pre-existing approval for their use.
(e) The backpackers’ accommodation is limited to a maximum of 250 beds as set out within the approved architectural plans.
(f) Car parking and bicycle parking is approved for use by guests and staff of the backpackers’ accommodation, as well as staff and customers of the shops and restaurants within the site.
3) Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
(1) For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia ,
(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.
(2) This clause does not apply:
(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or
(b) to the erection of a temporary building.
(3) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.
4) Erection of signs
(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.
(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
(a) showing the name, address and telephone number of the principal certifying authority for the work, and
(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and
(c) stating that unauthorised entry to the work site is prohibited.
(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
(5) This clause does not apply in relation to Crown building work that is certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.
(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.
Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).
5) Coastal Erosion
The development must cease if at any time the coastal erosion escarpment comes within 50 metres of any building associated with this development. The buildings and works used in connection with the development must be removed immediately to an approved location by the owner of the land. The owner must return the landform of the subject land to the predevelopment state and suitably revegetate the land.
In this condition coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.
Note: At the end of a storm the escarpment may be nearly vertical; as it dries out, the escarpment slumps to a typical slope of 1 vertical to 1.5 horizontal.
6) Demolition works
Demolition work, including asbestos and lead-contaminated wastes, associated with these works are to be handled and disposed of in accordance with the requirements of AS2601 and 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 Licensed Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with NSW DECC Waste Classification Guidelines (2008) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf
7) Support for neighbouring buildings
If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made or builder must:
a) Inform the neighbouring property owner immediately.
b) Engage a structural engineer to determine any remedial works that may need to be undertaken.
c) Preserve and protect the adjoining building from damage.
d) If
necessary, underpin and support the building in an approved manner.
The following conditions are to be complied with prior to issue of a Construction Certificate for demolition, building or construction works
8) Amended plans required
Amended floor plans for the backpackers’ accommodation must be submitted which include the following design amendment(s):
(a) A minimum of 10% of the bedrooms and 10% of the bathroom/ensuites within the backpackers’ accommodation must be ‘adaptable’. In this condition, ‘adaptable’ means rooms that are designed in such a way that they can be modified easily in the future to become accessible to both occupants and visitors with disabilities or progressive frailties.
(b) Basement Floor Plan, Drawing No. NDA – 02 prepared by Logan Architecture dated March 2015 locates ‘sprinkler tanks under slab’ between vehicle spaces 02, 03, 04 and 28. To avoid interception of the water table the tanks must be relocated to the under slab area in the vicinity of vehicle spaces 32, 33, and 34. The tanks must be no deeper than one metre.
The Basement Floor Plan must be amened to show the relocation of the tanks, and submitted to Council accompanied by a cross section plan. These plans must be approved prior to the issue of a construction certificate for basement building works.
9) Previous development consent to be surrendered
Development Consent No. 10.2005.733.1 granted on 30 May 2007 is to be surrendered. This must be in the form of a written memorandum to Council from the owner of the subject property, in accordance with Clause 97 of the Environmental Planning and Assessment Regulation, 2000.
10) Details of pool fence required
The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool in accordance with the Swimming Pools Act 1992 and AS1926.1.
Such plans and specifications must be approved as part of the Construction Certificate.
11) Water and Sewerage - Section 68 approval required
An Approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.
12) Trade Waste - Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to discharge trade waste into Council’s sewer must be obtained in accordance with NSW Office of Water Liquid Trade Waste Regulations Guidelines 2009, Council’s Liquid Trade Waste Policy and Liquid Trade Waste Guidelines.
Commercial, business, trade and industrial activities discharging or proposing to discharge to the sewer are required to notify Council and complete the Trade Waste Registration Form available at the Mullumbimby Office and from Council’s website at: http://www.byron.nsw.gov.au/files/publications/liquid_trade_waste_application_form_0.pdf
13) Certificate of Compliance – Water Management Act 2000
A Certificate of Compliance will be issued on completion of construction of water management works to serve the development and/or on payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.
Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.
Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.
Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081. Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64
The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. Payment by Personal or Company Cheque will not be Accepted
14) Commercial Swimming Pool Design
Swimming pool’s (including spa’s) are subject to Public Health Act 2010 & Regulation 2012 requirements.
Water demands and sewerage loading from the pool will be generated by top-up water requirements due to splash-out, evaporation, backwash water demand and backwash water discharged to sewer.
A letter of receipt will be issued on completion of:
· Provision of detailed design plans, including pump size/capacity, filter type/size/capacity, pipework diameters for the swimming pool and associated water management processes;
· The swimming pool is also subject to Trade Waste requirements.
15) Geotechnical Report required – Building Works
A certificate from a professional Engineer experienced in Geotechnical Science is to be provided to the Principal Certifying Authority, certifying that the site is stable and will not be affected by landslide or subsidence at, above or below the site when the building is erected. The certificate must be prepared in accordance with AS 1726.
16) On-site stormwater detention - Section 68 approval required
An approval under Section 68 of the Local Government Act 1993 to carry out stormwater drainage work, including on-site stormwater detention, decommissioning and reconstruction of public drainage system and connection to a Council approved drainage system.
Note: The plans and design must comply with Council’s Development Control Plan 2014 and Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. Refer to Council’s website for copies of these documents.
17) Parking layout, vehicle circulation and access
The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details within the site in accordance with the following:
a) The number of car spaces (including disabled spaces) must be in accordance with the approved plan, being a total of 51 spaces. The parking facility is to include:
i) the access driveway must be increased in width between walls/obstructions (i.e. supports for the roller shutter) to comply with clause 2.5.2 of AS/NZS 2890.1:2004;
ii) car space 28 on the basement floor plan must be increased in length to comply with clause 2.4.1 of AS/NZS 2890.1:2004 and provided with a wheel stop to protect cars within space 27, alternatively this car space may be converted to 4 motorcycle spaces;
iii) the proposed turning area on the basement floor plan must be adequately signposted and line marked to ensure the space is left clear for its purpose (i.e. no parking).
The design and layout of the parking facilities must comply with Australian Standard AS/NZS 2890.1:2004 - Parking facilities - Off-street car parking and AS/NZS 2890.6:2009 - Parking facilities - Off-street parking for people with disabilities.
b) The number of bicycle spaces must be in accordance with the approved plans, being 14 class 3 bicycle facilities (bicycle rails). The layout, design and security of the bicycle parking facilities must comply with Australian Standard AS 2890.3-1993, Parking facilities - Bicycle parking facilities.
c) The number of service bays must be in accordance with the approved plan, being 1 space for cars and light vans. The design and layout of the service vehicle areas must comply with Australian Standard AS 2890.2-2002 - Parking facilities - Off-street commercial vehicle facilities. The loading bay must be adequately signposted and line marked to ensure the space is left clear for its purpose (i.e. for loading and unloading of goods).
The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.
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”.
18) Consent required for works within the road reserve
Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.
All regulatory signs and markings must be approved by Council’s Local Traffic Committee prior to approval of the works. A signage and line marking plan, prepared by a suitably qualified engineer, with sufficient information to present to the Local Traffic Committee must be submitted (Please note that Local Traffic Committee currently meets bimonthly).
Such plans are to be in accordance with Council’s
current Design & Construction Manuals and are to provide for the following
works:
a) Driveway
A driveway in accordance with Council’s standard driveway and vehicular crossing plan. The footpath crossing must be designed to provide a crossfall of 1 % or 1:100 (maximum 2.5% or 1 in 40) for a width of at least 1 metre to provide for pedestrians with access disabilities.
b) Full width footpath (Lawson & Fletcher Streets)
Full width footpaving for the Lawson Street and Fletcher Street frontages of the site at a crossfall of 1 % or 1:100 (maximum 2.5% or 1 in 40). Such footpaving to be constructed in exposed aggregate concrete with a wave pattern to Council’s satisfaction.
c) Full width footpath (Bay Lane)
Full width footpaving (minimum 2.0m wide) for the Bay Lane frontage of the site at a crossfall of 1 % or 1:100 (maximum 2.5% or 1 in 40).
d) Adjustment of Services
Footpath works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities and to ensure that the services are constructed flush with the finished surface levels.
e) Disused driveway
Removal of the disused driveway and vehicular crossing and the replacement with kerb & gutter, together with the restoration of adjoining footpath and road pavement areas.
f) Kerb & gutter, road pavement and drainage
Kerb and gutter, road pavement (nominal 3.5m wide traffic lanes) and associated drainage construction, including any necessary relocation of services, generally in accordance with the approved plans. The drainage construction is to provide for the removal of the existing pipeline traversing the site and replacement with a drainage system capable of accommodating all storm events up to and including the 1 in 100 year storm (1% AEP).
g) Ramped pedestrian crossing
A ramped pedestrian crossing in accordance with Council’s standard plan at each kerb return.
h) Shared Traffic Zone
Relocation and adjustment of the shared traffic zone signage and pavement markings in Bay Lane, as necessary, together with appropriate signage to direct pedestrians to the footpath area in front of the subject property.
i) Signs and Markings
Provision of signage and pavement markings to clearly delineate the proposed traffic arrangements in Bay Lane.
j) Awnings and structures on the road reserve
Awnings and structures on the road reserve must be setback a minimum distance of 900mm from the kerb alignment. The underside of any awning or verandah is to be not less than 3200mm above the footpath. Awnings are to be structurally capable of withstanding all loads including self loads, live loads (including maintenance crews walking over them), lateral wind loads, impact loads (including being struck by a passing vehicle). Certification from an appropriately qualified practising structural engineer that the design and structure comply with the relevant clauses of the BCA must be submitted with the Roads Act application.
19) Public Safety Management Plan required
Consent from Council must be obtained for a Public Safety Management Plan for those works within the road reserve pursuant to Section 138 of the Roads Act 1993. This public safety management plan is to include provision for (but not be limited to):
a) a pedestrian barrier, alternative footpaths and ramps as necessary;
b) an awning sufficient to prevent any substance from, or in connection with, the work falling into the road reserve;
c) lighting of the alternative footpath between sunset and sunrise;
d) the loading and unloading of building materials;
e) parking space for tradesman’s vehicles, where such vehicles must be located near the site due to tools and equipment contain within the vehicle;
f) Removal of any such hoarding, fence or awning as soon as the particular work has been completed.
20) Traffic Management Plan
Consent from Council must be obtained for a Traffic Management Plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.
The plan shall incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site.
The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.
21) Sediment and Erosion Control Management Plan required
The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as filter fences and sedimentation basins.
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”.
22) Flood Planning Level
The flood planning level for this development is R.L. 3.1m
A.H.D. The plans and specifications to accompany the construction certificate
application are to indicate the use of flood compatible materials and services
in accordance with the requirements of Council’s Development Control Plan
2014 – Chapter C2 – Areas Affected by Flood.
23) Bond required to guarantee against damage to public land
A bond of $10,000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.
Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.
24) S.88E Restriction to be placed on title – Coastal erosion
Documentary evidence is to be provided to the Principal Certifying Authority that a restriction-as-to-user, pursuant to the provisions of S.88E of the Conveyancing Act, 1919, has been placed on the title to the land, the subject of this consent, stating:‑
The development granted via development consent number 10.2014.649 must cease if at any time the coastal erosion escarpment comes within 50 metres of the building subject of the consent. The development the subject of this consent must be demolished and removed immediately. Further the landowner must suitably revegetate the land.
In this restriction coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.
Please note: Documents requiring the endorsement of Council associated with the creation or cancellation of easements, restrictions, covenants are subject to fees listed within Council’s Fees & Charges.
25) Section 94A Levy to be paid
Prior to the issue of a construction certificate the section 94A levy required by the Byron Developer Contributions Plan2012 shall be paid to Council.
The levy will be calculated as follows:
Levy payable = %C x $C
Where:
%C is the levy rate applicable as set out in the latest Ministerial Direction issued under section 94E of the Environmental Planning and Assessment Act 1979.
$C is the proposed cost of carrying out the development.
The rate of %C is:
|
Proposed cost of the development |
Maximum percentage of the levy |
|
Up to $100,000 |
Nil |
|
$100,001–$200,000 |
0.5 percent |
|
More than $200,000 |
1.0 percent |
The cost of development shall be shall be calculated in accordance with clause 25J of the regulation and shall be set out in Schedule 2. A copy of completed Schedule 2 shall be submitted with the payment to Council.
26) Site Waste Minimisation and Management Plan
Chapter 1: Part F of Byron Shire Development Control Plan 2010 (DCP 2010) 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/publications/swmmp_-_pro-forma-.doc)
27) Public Art
Details of public art proposed to be installed within the premises are to be provided to Council for assessment to ensure its validity, appropriateness, location and value of a minimum $25,000.00.
28) Landscaping plan required
The application for a Construction Certificate is to include plans and specifications that indicate the landscaping within the balcony/terrace areas of the site. The landscaping plan must indicate:
a) a minimum of 150 square metres of landscaped area.
b) proposed location for planted shrubs and trees.
c) botanical name of shrubs and trees to be planted.
d) mature height of trees to be planted.
e) The plan is to be prepared by a suitably qualified landscape architect / architect /ecologist who has appropriate experience and competence in landscaping.
Such plans and specifications must be approved as part of the Construction Certificate.
29) Acid Sulfate Soils and Water Management Plan required
Application for a construction certificate is to include an Acid Sulfate Soils (ASS) Management Plan, which describes the following:
a) Description of the site, including maps;
b) Area of the site and area(s) of disturbance;
c) Site attributes including site landform and geology, details of any native vegetation, depth to watertable and likely seasonal variation;
d) Maximum depth of excavation and level in AHD, volume of soil to be excavated, timing of works, water quality testing, calculated cone of depression;
e) Plan showing locations of all boreholes, details of all sampling equipment, evidence of good materials handling procedures and laboratory certification;
f) Full details of calculations used to determine the liming rate or any other ameliorant;
g) Details of all measures to avoid/minimise any disturbance of ASS and dewatering of excavations;
h) Details of measures to minimise the oxidation exposure times of all ASS excavations and stockpiles;
i) Details of measures to segregate, stockpile, treat and dispose of ASS and acid drainage waters, including the provision of associated leachate and sediment control measures and procedures;
j) Details of measures to ensure that acid drainage waters are not discharged to Council’s stormwater system nor any watercourse or drainage channel;
k) Details of measures to ensure that management of ASS will be undertaken in accordance with the Acid Sulfate Soil Manual (ASSMAC, 1998);
l) Details of measures to ensure that any off-site disposal of ASS will be in accordance with the ‘NSW DECC (2008) Waste Classification Guidelines’;
m) Details of validation testing to confirm that sufficient ameliorant has been incorporated into the ASS to prevent any future acidification;
n) Names and contact details of persons responsible;
o) Monitoring strategy; and
p) Contingency procedures.
The Plan must be prepared by a suitably qualified Environmental / Soil Scientist and in accordance with the Acid Sulfate Soil Manual (ASSMAC 1998). This Plan must take into account the findings any approved Soils and Water Management Plan and approved Acid Sulfate Soils Plan.
30) Groundwater Contingency Management Plan required
Application for a construction certificate is to include a Groundwater Contingency Management Plan. This Plan must take into account the findings any approved Soils and Water Management Plan and approved Acid Sulfate Soils Plan. The Plan must be prepared by a suitably qualified Environmental / Soil Scientist and approved as part of the Construction Certificate application.
31) Soil and Water Management Plan required
Application for a construction certificate must be accompanied by:
a) A licence from the NSW Department of Natural Resources (DNR) for the dewatering of excavations and any associated groundwater monitoring bores.
b) A detailed Soil and Water Management Plan, approved by Council, for the management of dewatering activities, acid sulfate soils disturbance and discharge water quality.
c) Documentary evidence that a suitably qualified environmental scientist/engineer with experience in groundwater management has been engaged by the proponent to oversee and be responsible for all works associated with the implementation of the approved Soil and Water Management Plan.
d) Contact details of the aforesaid responsible person, including an emergency 24-hour phone number. These details must also be provided to Council’s Environmental Services Department.
32) Environmental Management Plan
An Environmental Management Plan (EMP) must be submitted to Council for approval prior to the issue of the construction certificate for any building works. The EMP must be prepared by a suitably qualified professional and contain details of measures to be undertaken to ensure that construction works do not result in any off-site impacts that could interfere with neighbourhood amenity.
33) Noise Management Plan
A Noise Management Plan must be submitted to Council for approval prior to the issue of the construction certificate for any building works. The Noise Management Plan must be prepared by a suitably qualified acoustic practitioner and detail the methods that will be implemented for the whole project to minimise construction noise. Information should include:
a) identification of nearby residences and other sensitive land uses;
b) assessment of expected noise impacts;
c) detailed examination of feasible and reasonable work practices that will be implemented to minimise noise impacts;
d) strategies to promptly deal with and address noise complaints;
e) details of performance evaluating procedures (for example, noise monitoring or checking work practices and equipment);
f) procedures for notifying nearby residents of forthcoming works that are likely to produce noise impacts;
g) reference to relevant consent conditions; and
h) name and qualifications of person who prepared the report.
Note to EO: Refer to DECC’s ‘Interim Construction Noise Guideline’ (2009) for more information (see http://www.environment.nsw.gov.au/noise/constructnoise.htm).
34) Dewatering Management Plan required
Dewatering Management Plan to Council’s Team Leader, Environment Services for approval prior to issue of the Construction Certificate. This Plan must take into account the findings any approved Soils and Water Management Plan and approved Acid Sulfate Soils Plan and include the following:
· water quality criteria for waters to be discharged to the stormwater system, to be derived from ANZECC / ARMCANZ (2000) Fresh and Marine Water Quality Guidelines 95 % species protection trigger levels for freshwaters, or similar. Parameters to include, but not be limited to, pH, electrical conductivity, dissolved oxygen, total suspended solids, turbidity, ammonia, oxidised nitrogen (NOx), Total Nitrogen (TN), Filterable Reactive Phosphorus, Total Phosphorus, Total Petroleum Hydrocarbons, Benzene, toluene, ethyl benzene, xylene (BTEX), Polycyclic Aromatic Hydrocarbons (PAHs) and Aluminium;
· details of proposed water treatment prior to discharge to ensure compliance with the above water quality criteria, including those that are manual and automated;
· details of water sampling methodologies and frequencies for each parameter;
· details of disposal methods if water does not comply with above criteria; and
· details of a 24-hour contact person and telephone number for complaints.
35) Unexpected Findings Protocol - Contamination & Remediation
An Unexpected Findings Protocol (UFP) must be prepared and submitted to Council for approval prior to the issue of Construction Certificate. The UFP must be prepared by a suitable qualified person experienced in matters relating to Contamination of Land and Remediation, to the satisfaction of Council’s Director of Planning, Development and Environment.
36) Site Waste Minimisation and Management Plan
Chapter 1: Part F of Byron Shire Development Control Plan 2010 (DCP 2010) 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/publications/swmmp_-_pro-forma-.doc)
37) Dilapidation Report
The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying that the method of construction and dewatering will not adversely impact/effect the structural integrity and support of the neighbouring buildings and associated private and public infrastructure within the zone of influence of the construction site. The report is to also address the current structural state of those buildings and infrastructure.
The engineers are to be Corporate Members of the Institution of Engineers Australia.
38) Garbage storage area to be provided
The application for a Construction Certificate is to include plans and specifications that indicate the proposed garbage store area. The proposed garbage store area is to be designed and constructed in accordance with the requirements of Chapter B8.3.3 of the Byron Shire Council Development Control Plan 2014. The enclosure must incorporate a concrete base with enclosure of suitable materials to provide adequate site and top screening and visual integration with the buildings and landscape treatment.
Such plans and specifications must be approved as part of the Construction Certificate.
The following conditions are to be complied with prior to any demolition, building or construction works commencing
39) Approved Environmental Plans must be implemented
The works engineer must certify to the Principal Certifying Authority that all requirements contained in the following have been implemented:
· Acid Sulfate Soils Management Plan
· Soil and Water Management Plan
· Environmental Management Plan
· Groundwater Contingency Management Plan
· Dewatering Management Plan
· Unexpected Findings Protocol - Contamination & Remediation
40) Public Safety Management Plan
The approved public safety management plan is to be implemented.
All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development. Council is to be nominated as an interested party on the policy. Council is not held responsible for any negligence caused by the undertaking of the works.
41) Erosion & sediment measures
Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.
Additionally the enclosed sign, to promote the awareness of the importance of maintenance of sediment and erosion controls, is to be clearly displayed on the most prominent sediment fence or erosion control device for the duration of the project.
Note: Council may impose on-the-spot fines for non-compliance with this condition.
42) 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. The changes made are from Plumbers and Drainage Regulation 2012 NSW Government.
a) The licensee is to provide 24 hours notice and attend the site for the following INSPECTIONS, prior to covering of work. Inspections will be carried out a mutually convenient time:
i) Pre-start and Sediment Control;
ii) Internal Drainage;
iii) External Drainage;
iv) Water Rough In;
v) Fire Services;
vi) Stackwork;
vii) Final - all work completed. - * Note below.
b) A licensee is required to provide to Council and owner of the property after completion of the work and within 48 hours, a Compliance Certificate and Sewer Services Diagram/ Works as Executed drawings.
Note: Council will send each plumber proformas of these documents when the Notice of Work permit has been issued by Council to allow the plumber to commence work.
43) Water service and meter to be connected
A water service and water meter must be connected to the property using an approved backflow prevention device. It is the applicant’s responsibility to engage a licensed plumber who shall liaise with council during this process.
Any new water service and meter will be at the applicants cost.
44) Disconnection of existing water and sewer prior to demolition
Existing water and sewer services must located on site and be properly capped at the main by a licenced plumber. All water and sewer disconnections must be inspected by the Byron Shire Council inspectors prior to backfilling.
If a property is demolished and no longer needs water supply and/or a sewerage service, a licensed plumber must disconnect the service at the main (also known as 'capping the service'). The plumber must also return the water meter to Council’s inspector at the time of inspection.
If your development involves consolidating lots and you don’t need all the existing services, you must correctly disconnect them. This ensures that you aren’t billed for unused services and helps avoid future hidden leaks.
Your Plumber must obtain a Plumbing Permit at least two (2) working days prior to commencing work. Please forward an Application for a Plumbing Permit to your plumber to complete and to return to Council prior to commencement of disconnection works. Refer to http://www.byron.nsw.gov.au/files/Forms/Plumbing_Drainage_Permit.pdf.
45) Traffic Management Plan
The approved traffic management plan is to be implemented.
46) Erosion & sediment measures
Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.
Additionally the enclosed sign, to promote the awareness of the importance of maintenance of sediment and erosion controls, is to be clearly displayed on the most prominent sediment fence or erosion control device for the duration of the project.
Note: Council may impose on-the-spot fines for non-compliance with this condition.
The following conditions are to be complied with during demolition, building or construction works
47) Stormwater drainage work
Stormwater shall be collected and disposed of in a controlled manner in accordance with the Local Government Act consent. Private drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works are to be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.
48) Archaeological investigation
At the completion of demolition works, and prior to commencement of new building works, the applicant must undertake an archaeological investigation in accordance with NSW Heritage Office Guidelines and provide a report of its findings to Council. Should the investigations indicate a moderate or high potential of archaeological significance on the site, the written advice of the Heritage Office in regards to excavation must be obtained prior to excavation works commencing. A copy of this advice must be provided to Council.
49) 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.
50) 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.
51) 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.
52) Sound proofing
Division walls between attached dormitories must be of sound resisting materials constructed with minimum sound transmission loss in accordance with the Building Code of Australia.
53) 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.
54) Approved Environmental Plans must be implemented
Works must be in accordance with the following approved plans:
· Acid Sulfate Soils Management Plan
· Soil and Water Management Plan
· Environmental Management Plan
· Groundwater Contingency Management Plan
· Dewatering Management Plan
· Unexpected Findings Protocol - Contamination & Remediation
55) Copies of Approved Plans
Copies of approved all approved plans must be keep in a prominent location on site where they can be easily accessed by construction and operational personnel.
56) Dewatering of Excavations
Dewatering of excavations must be conducted in accordance with the approved dewatering plan and with the current groundwater licence (30BL184967) administered by NSW Department of Primary Industries – Office of Water. 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.
57) WorkCover Authority
All works must be undertaken in accordance with the requirements of the WorkCover Authority.
58) Removal of asbestos 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 Licensed Waste Facility. All wastes removed from the site must be managed and disposed of in accordance with NSW DECC Waste Classification Guidelines (2008) www.environment.nsw.gov.au/resources/waste/08202classifyingwaste.pdf
All asbestos wastes associated with removal of the existing dwelling 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.
59) 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.
60) Support for neighbouring buildings
If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:
a) must preserve and protect the adjoining building from damage;
b) if necessary, must underpin and support the building in an approved manner;
c) must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.
The owner of the adjoining allotment of land, public road or any other public place is not to be held liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the public road, any other public place or the adjoining allotment of land.
61) All excavated soils to be disposed of off-site
All excavated soils to be disposed of off-site and in accordance with NSW DECC Waste Classification Guidelines (2008) and the approved Remedial Action Plan.
62) Imported Fill
Any imported fill material used to back fill tank pits must be certified as clean or virgin material. The applicant/owner is to produce documentary evidence that this condition has been met.
63) Sound proofing
Division walls between attached dormitories must be of sound resisting materials constructed with minimum sound transmission loss in accordance with the Building Code of Australia.
64) 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.
The following conditions are to be complied with prior to occupation of the building
65) Road damage
Any damage caused to Council or other Public Authority’s assets as a result of construction works associated with the approved development is to be repaired, to the satisfaction of the public authority, by the contractor/developer prior to the issue of any 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.
66) Access & parking areas
The access & parking areas are to be constructed in accordance with the approved plans prior to the issue of any Occupation Certificate. Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.
67) Road and drainage works
All works on the road reserve as required by conditions of this consent are to be constructed in accordance with the approved plans prior to the issue of any Occupation Certificate.
68) Stormwater disposal
Stormwater must be collected and disposed of in a controlled manner in accordance with the approved plans prior to the issue of any Occupation Certificate.
69) Road Widening
The dedication of a nominal 1.5 metre width strip of the subject land from the Bay Lane frontage of the site, together with a 3 metre by 3 metre splay at the intersection of Bay Lane and Fletcher Street, to Council as public road at no cost to Council. The width of the land dedication must ensure no public road and drainage works required by this consent encroaches onto private property. A copy of the registered plan of subdivision dedicating the road widening to the public must be submitted to the Principal Certifying Authority prior to issue of any occupation certificate.
70) Right of Footway
The creation of an easement, minimum 2.0 metres wide, for the use of the footpath at the Bay Lane frontage of the site by the public at no cost to Council. A copy of the registered plan of easement must be submitted to the Principal Certifying Authority prior to issue of any occupation certificate.
71) Cancellation of Drainage Easement
The cancellation of the unnecessary drainage easement adjacent to the western boundary of the subject property, after the existing drainage infrastructure has been decommissioned and replaced, at no cost to Council. A copy of the registered cancellation documentation must be submitted to the Principal Certifying Authority prior to issue of any occupation certificate.
72) Public Art
The approved public art work is to be installed within the development.
73) Separate approval may be required for fit out works
Separate development consent is required for any fit out works that are not able to be completed as ‘exempt development’ within individual retail premises and restaurant tenancies.
74) Food premises
The food premises shall be constructed to comply with the New South Wales Food Act 2003 and Food Regulation 2010. Requirements of Food Standard Code 3.2.3 and Australian Standard AS4674 – 2004 “Design, construction and fit-out of food premises” to be satisfied to achieve the minimum construction standards for the food business. The operator shall obtain a satisfactory inspection from Council’s Environmental Health officer prior to commencing the operation of the food business.
A minimum of twenty-four hours notice is required prior to inspection. Inspections can be arranged by telephoning 6626 7000 during normal office hours. A fee is levied upon the operator for such inspections.
All drainage fixtures from the food storage and preparation areas shall discharge into an approved trade waste pre-treatment device prior to entry into the council sewer.
The operators of the food businesses shall demonstrate to Council’s Environmental Health officers’ satisfaction that adequate waste disposal facilities are available on the premises, and that such facilities can be maintained to prevent environmental harm or public nuisance.
75) Exhaust System
On completion of the kitchen exhaust-hood installation, provide a certificate and system specifications detailing the air flow velocity readings to Council. The certificate should be completed by a suitably qualified professional and must ensure that the installation satisfies AS1668.2 “Mechanical ventilation for acceptable indoor-air quality”
76) Airlock
An airlock must be constructed between the toilet facilities and internal workspaces to prevent the transfer of contaminants into the food business and comply with the Building Code of Australia.
77) Certification required
The works engineer must certify to the Principal Certifying Authority that all works have been carried out in accordance with the approved Environmental Management Plans including:
· Acid Sulfate Soils Management Plan
· Soil and Water Management Plan
· Environmental Management Plan
· Groundwater Contingency Management Plan
· Dewatering Management Plan
· Unexpected Findings Protocol - Contamination & Remediation
78) Dilapidation report
The submission of a certified report from suitably qualified and practising geotechnical and structural engineers, certifying what, if any, impacts/effects that the completed development has had on the neighbouring buildings and associated private and public infrastructure within the zone of influence of the construction site. The report is to also address what measures are to be implemented, and in what time frame, to rectify any such identified defects.
The engineers are to be Corporate Members of the Institution of Engineers Australia.
The following conditions will need to be complied with at all times
79) Parking to be available for the approved use
51 car parking spaces (or 50 car and 4 motorcycle parking spaces), 14 bicycle spaces and 1 loading bay are to be provided and maintained, together with all necessary access and parking facilities, to the satisfaction of Council.
Tenants and customers of the development must have unrestricted access to the parking spaces on a daily basis during business hours of the development.
No car parking spaces are to be reserved (generally or specifically) for any tenant or customer.
80) Vehicles to enter/leave in a forward direction
Vehicles using any off-street loading/unloading and/or parking area must enter and leave in a forward direction. All driveways and turning areas must be kept clear of obstructions that prevent compliance with this condition.
81) Landscaping to be maintained
The landscaping within the approved landscaping plan must be maintained at all times.
82) Swimming pool discharge
Swimming pool’s discharge for waste water is to be in accordance with AS/NZS 3500.2.2, Section 10.9 & Figure 10.2.
83) Swimming Pool controlled discharge rate
The maximum allowable flow rate of filtered backwash water into the sewer is 0.45 L/s.
84) Use of swimming pool and bar area
The swimming pool and bar area within the upper floor of the development is to be used by guests of the backpackers’ accommodation only.
85) Hours of operation
The hours of operation for the tenancies within the development are limited to the following:
|
Use |
Hours |
Days |
|
Shops |
9.00am – 6.00pm |
Monday – Sunday |
|
Restaurants |
10.00am – Midnight (plus an additional 1 hour beyond midnight on New Years Eve) |
Monday – Sunday |
86) Access must be permitted to Council officer
Access must be permitted to any authorised Council officers during normal business hours for the purpose of ensuring compliance with consent conditions.
87) Use of bar area
The bar area located within the second floor is to be used only by guests and staff accommodated within the development in accordance with the liquor licensing requirements.
88) New South Wales Food Act 2003 and Food Regulation 2010
The food shops and restaurants must be operated and maintained to ensure that the requirements of the Food Act 2003 and Food Regulation 2010 (incorporating Food Standard Code) are satisfied at all times. Access to the Food Standard Code is available at http://www.foodstandards.gov.au The operator is required to ensure that the business is registered with the NSW Food Authority. Notification may be carried out or updated when required at http://www.foodnotify.nsw.gov.au
The intensification of use of the food shops and restaurants may require further installations of liquid trade waste pre-treatment devices and /or mechanical ventilation. The prior approval of Council is required before installation of liquid trade waste pre-treatment devices and /or mechanical ventilation to ensure that the appropriate health and safety standards are achieved.
89) Trade Waste
All trade waste pre-treatment devices must be serviced and maintained to ensure that all relevant environment protection standards are satisfied.
90) No Interference with Amenity of Neighbourhood
The use of the development must not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise. In particular:
a) The noise level emanating from the use of the development must comply with the New South Wales Industrial Noise Policy prepared by NSW EPA 2000.
b) Only clean and unpolluted water is permitted to be discharged to Councils’ stormwater drainage system or any waters.
c) All wastes must be contained within appropriate containers fitted with a tight-fitting vermin-proof lid.
d) All trade waste pre-treatment devices and other waste storage facilities must be serviced and maintained to ensure that all relevant environment protection standards are satisfied.
e) Goods deliveries, fuel deliveries and waste collection must be restricted to daytime operating hours.
91) Public use of swimming pool
The swimming pool must operate in accordance with the NSW Public Health (Swimming Pools and Spa Pools) Regulation 2000 and related NSW Health Department guidelines. The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Council’s Senior Environmental Health Officer and the NSW Health Department. The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times.
A child-resistant barrier fence that complies with AS 1926.1 “Fencing for swimming pools” must surround the swimming pool. The occupier of the premises must ensure that there is at all times a sign in the immediate vicinity of the swimming pool bearing the words ‘Young children must be supervised when using this swimming pool’. The sign is to be a prominent position and be otherwise in accordance with clause 9 of the Swimming Pools Regulation.
Adequate supervision, resuscitation information and an emergency response plan must be provided when the pool is in use.
The swimming pool and associated facilities must comply with the requirements of the NSW Occupational Health & Safety Act 2000. Further inquiries in respect of this condition should be directed to the WorkCover NSW by telephoning (02) 6622 0088 (Lismore).
Swimming pool’s discharge for wastewater is to be in accordance with AS/NZS 3500.2.2, Section 10.9 & Figure 10.2.
The filter pump is to be located such that noise from its operations does not cause a nuisance to adjoining residents. If necessary an acoustic enclosure must be provided around the pump to achieve the required noise attenuation.
The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Council and NSW Health. The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times.
92) Unexpected Findings Protocol - Contamination & Remediation
The subject site must be managed at all times in accordance with any long-term management recommendations resulting from the Unexpected Findings Protocol (UFP).
The following conditions must be complied with prior to issue of a Subdivision Certificate
93) 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.
NOTE: The application must address ALL conditions of consent required to be complied with “Prior to the issue of a subdivision Certificate” with a clear explanation how that condition has been complied with, together with supplying ALL the relevant information/documents/certificate and/or plans that is required by that condition.
94) Plan of Subdivision
The final plan of subdivision for the road widening, any necessary easements and cancellation of easements must be in accordance with the approved plan/s and relevant conditions. 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.
95) Certificate of Compliance – Water Management Act 2000
A copy of the Certificate of Compliance under Section 307 of the Water Management Act 2000 is to be obtained from Byron Shire Council for the proposed subdivision prior to the issue of a Subdivision Certificate.
Application forms are available from Council’s administration building or online at http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf to be submitted for a Certificate of Compliance with the required payment.
Notes
Coastal hazard:
The Byron Bay/Hastings Point Erosion Study determined that the proposed development is within the estimated 100-year design erosion hazard zone. Therefore, it is probable that the development would be subject to a coastal hazard risk within a 100 year design period.
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
Occupation Certificate required:
The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.
Food handling/storage:
The NSW Food Act 2003 provides specific conditions relating to the handling and storage of food. Council’s Environmental Services must be consulted to determine any requirements relevant to this consent.
Signs require consent:
Council’s Planning Instruments requires development consent for most forms of advertising signs and structures. The Council has adopted a policy relating to outdoor advertising that sets out standards for various forms of advertising. Information is available from Council’s Local Approvals Branch.
Disability Discrimination Act:
All development other than domestic construction must meet the provisions of the Disability Discrimination Act 1992 under which civil action may be taken if access for people with disabilities is denied or provide in a discriminatory way.
Principal Certifying Authority:
Work must not commence until the applicant has:-
· appointed a Principal Certifying Authority (if the Council is not the PCA); and
· given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.
· notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.
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.
Dewatering Licence
As the proposed basement carpark will intersect the groundwater table, any dewatering will require a licence under the Water Act 1912. As the Development Application submitted to Council was not nominated as ‘Integrated Development’ and did not seek a dewatering licence, separate arrangements must be made with the Department of Natural Resources for obtaining such a licence.
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.
Enclosed public places (smoke-free environment)
Environment Act 2000 and the Smoke-Free Environment Regulation 2000 and the guidelines in the Regulation for determining what is an enclosed public place. Enquiries may be directed to the NSW Department of Health. The legislation may be viewed on: http://www.legislation.nsw.gov.au/maintop/scanact/inforce/NONE/0
Air conditioning towers:
All cooling towers and/or evaporative condensers must operated and maintained in accordance with the requirements of the Public Health Act, 1991 and Regulation thereunder, the Code of Practice for the control of Legionnaires disease and AS 3666.
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 (generally $600) being issued pursuant to section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning & Assessment Act 1979.
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 No:13/005]
|
Water |
30.47 ET |
|
Bulk Water |
30.47 ET |
|
Sewer |
45.81 ET |
Reasons
· To address the impacts of flooding and/or to ensure the free flow of water.
· To ensure access for people with access disabilities.
· To comply with the provisions of Byron Local Environmental Plan 2014.
· To provide adequate off street parking space for the anticipated traffic that will be generated by the development.
· To prevent unlawful use and obstruction of the adjacent public thoroughfare.
· To ensure the development is completed in accordance with conditions of consent and approved plans.
· To provide and/or maintain an adequate drainage network that will not cause damage to existing or future development.
· To ensure adequate access to and from the development.
· To ensure that appropriate landscaping is provided.
· To provide funds for the provision of services and facilities as required by the increased population or activity.
· To ensure compliance with engineering standards.
· To protect the environment.
· To preserve the amenity of the area.
· To ensure adequacy of services to the development.
· To ensure that the building is not destroyed due to coastal erosion or storm activity.
· To ensure public health and safety.
· To ensure compliance with Section 68 of the Local Government Act 1993.
· To ensure compliance with the Roads Act 1993.
SCHEDULE 2
Cost Summary Report
[Development Cost greater than $500,000]
DEVELOPMENT APPLICATION No: 10.2014.649.1
COMPLYING DEVELOPMENT APPLN No:
CONSTRUCTION CERTIFICATE No. DATE:
APPLICANT’S NAME:
________________________________________________________________
APPLICANT’S ADDRESS:
________________________________________________________________
DEVELOPMENT DETAILS:
________________________________________________________________
DEVELOPMENT ADDRESS:
________________________________________________________________
ANALYSIS OF DEVELOPMENT COSTS:
|
Gross Floor Area – Commercial |
m2 |
Gross Floor Area – Other |
m2 |
|
Gross Floor Area – Retail |
m2 |
Total Gross Floor Area |
m2 |
|
Gross Floor Area – Car Parking |
m2 |
Total Site Area |
m2 |
|
Length of Roads |
m |
Drainage works |
m |
|
Total CIVIL works Cost |
$ |
Total Car Parking - Spaces |
|
|
Total costs of documentation incidental to preparing, executing and registering the plan of subdivision and any related covenants, easements or other rights |
$ |
|
|
|
Total Construction Cost |
$ |
|
|
|
Total GST |
$ |
Total Development Cost |
$ |
I certify that I have:
· inspected the plans the subject of the application for development consent or construction certificate.
· calculated the development costs in accordance with the definition of development costs in clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices.
· included GST in the calculation of development cost.
Signed: ______________________________
Date: ______________________________
Name: ______________________________
Phone: ______________________________
Position and Qualifications: ______________________________
Address: ____________________________
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.10 - Attachment 1
7. DISCLOSURE OF POLITICAL DONATIONS AND GIFTS
|
Has a Disclosure Statement been received in relation to this application |
No |
|
Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division. |
No |
Staff Reports - Sustainable Environment and Economy 13.10 - Attachment 3
|
to: |
|
from: |
|
Joe Davidson |
|
Donald Ellsmore, Heritage Adviser |
|
|
|
date: |
|
Development Assessment Officer |
|
24th July 2006 |
|
SUBJECT: |
|
reference number: |
|
New Development |
|
DA No. 10.2005.733.1 |
Proposed Mixed Commercial/ independent Travellers Accommodation at 19-23 Lawson Street, Byron Bay
I refer to your letter of 4th July and the attached letter from Logan Bald dated 15th March 2006.
The response from Logan Bald to our expressed concerns regarding aspects of the design of the new accommodation appears to satisfy those concerns although without detailed documentation it is impossible to tell. Under the circumstances it would be prudent to accept Logan Bald’s offer to submit detail drawings for comment as the project progresses.
As for the comments by the NSW Heritage Office, I would add the following
1. Retention of Original Features, view corridors and setting
The design incorporates the form and external facades of the 1929 form Council Chambers. The design of the new development wraps around the old building and maintains it as a key feature on the prominent corner site. This is considered to be appropriate given the condition and significance of the former council chambers building and its development potential. Arguments were put in favour of retaining more of the interior layout of the old building but the developer has not been prepared to retain more. The degree of retention is satisfactory nevertheless.
The siting of the heritage item on a prominent corner position ensures that it will retain its identity largely intact. Views to the historic council chambers will not be impaired. There is some potential for the new development to encroach on the heritage item but the design appears to minimise this potential by use of setbacks, modulation of the facade treatments and choice of materials.
2. Restoration Works
The proposed works include the removal of structures of low significance. The modern shops facing Lawson Street will be retained and they will be modified. This should create any adverse impact on the heritage item.
3. Architectural Style and Character
The proposed new development is in a style and character that is different to the heritage item but this is seen as a benefit. The use of setbacks, modulation of the facade treatments and the proposed use of mixed materials (masonry, metal and wood) appears to provide an interesting and compatible relationship.
4. Height, bulk, scale and massing
The choice of forms and materials for the proposed new development appears to be appropriate. The new development would not overwhelm the heritage item nor would it create any unacceptable conflicts. Nevertheless it will be crucial that the detailing of the new works should be compatible. At this stage it is not possible to confirm that the new works should be compatible.
5. Roof forms, materials and finishes
The roof forms of the proposed new development are not dominating. The low pitch roof forms would not be incompatible with the heritage item. The materials and textures are, at least conceptually compatible.
6. Fenestration proportions
The proportions of the fenestration appear to be compatible. The issue of detailing of the fenestration has been raised with the designers and further information is awaited.
7. Signage
No comment can be made at this stage regarding signage due to lack of information.
8. Curtilage
The issue of curtilage is not relevant in this application for development on a developed urban site. The new development will be contiguous with the heritage item.
9. Subdivision pattern
The issue of the subdivision pattern is not relevant in this application for development on a developed urban site. The new development will occupy existing lots.
10. Landscaping
The issue of landscaping is not relevant in this application for development on a fully-developed urban site. Landscaping in the road reserve will be a matter for Byron Shire Council.
11. Cumulative Impact
Further to the above it should be noted that the proposed development is unlikely to have any adverse cumulative impact in the area. The existence on each side the proposed development and on the site of the development itself, of buildings of similar bulk and scale ensures that the impact should not be adverse in visual terms. It is unlikely that any other development would result from this development.
12. Archaeological potential
The archaeological potential of the site is not known at this stage but it would be wise to ensure that the site would be adequately investigated. The normal way of ensuring this would be to require the applicant to undertake an archaeological investigation in accordance with NSW Heritage Office guidelines and to provide this to council to assist with the assessment of the application. Should the investigations indicate a moderate or high potential then the advice of the Heritage Office in regards to excavation should be followed.
Donald Ellsmore
Heritage Adviser
Staff Reports - Sustainable Environment and Economy 13.11
Report No. 13.11 Report of the Planning Review Committee Meeting held on 17 March 2015
Directorate: Sustainable Environment and Economy
Report Author: Wayne Bertram, Manager Certification and Assessment
File No: I2015/217
Theme: Ecology
Development and Approvals
Summary:
This report provides the outcome of the Planning Review
Committee Meeting held on
17 March, 2015.
|
RECOMMENDATION: That the report be noted. |
Report
The following development applications and Section 96 applications were reviewed with the outcome shown in the final column.
|
DA No. |
Applicant |
Property Address |
Proposal |
Reason/s |
Outcome |
|
10.2014.714.1 |
Gordon Highlands Pty Ltd |
9 Station St Bangalow |
Demolition of existing dwelling and garage and all other structures |
The number of public submissions.
The lack of policy to direct determination.
The perceived public significance of the application. |
Council |
|
10.2014.742.1 |
DP Roberts |
33 Lawson St Byron Bay |
Demolition of existing motel and construction of new motel |
The extent of variation to Council policies proposed.
|
Council |
Council determined the following original development applications. The Section 96 application to modify these development consents are referred to the Planning Review Committee to decide if the modification applications can be determined under delegated authority.
|
DA No. |
Applicant |
Property Address |
Proposal |
Reason/s |
Outcome |
|
10.2013.587.2 |
Global Centres Australia Pty Ltd |
108-110 Jonson St Byron Bay |
S96 To delete condition 54 in relation to future lease arrangements |
The lack of policy to direct determination.
The perceived public significance of the application |
Council |
|
10.2013.587.3 |
Global Centres Australia Pty Ltd |
108-110 Jonson St Byron Bay |
S96 To modify conditions relating to signage, amenity of neighbourhood , availability of parking, traffic, construction staging, roof height, stormwater, site waste management, flood planning, pipelines, landscaping, excavation, public safety, water pollution, public art and services |
The lack of policy to direct determination.
The perceived public significance of the application |
Council |
|
DA No. |
Applicant |
Property Address |
Proposal |
Reason/s |
Outcome |
|
10.2011.508.2 |
Planners North |
5 Mona Lane Brunswick Heads |
S96 to alter the approved design – two storey apartment building / three units |
|
Return to PRC 7 April |
|
10.2013.132.3 |
P Richmond |
220 Fowlers Lane Bangalow |
S96 to delete requirement to construct creek crossing works and accept a cash contribution instead |
The extent of variation to Council policies proposed.
The lack of policy to direct determination.
The perceived public significance of the application |
Council |
|
10.2000.348.7 |
P Richmond |
220 Fowlers Lane Bangalow |
S96 to delete requirement to construct creek crossing works and accept a cash contribution instead |
The extent of variation to Council policies proposed
The lack of policy to direct determination.
The perceived public significance of the application |
Council |
|
10.2011.413.3 |
Bangalow Property Investments Pty Ltd |
59 Lismore Rd Bangalow |
S96 to amend Section 94 contributions (Subdivision to create 42 Residential lots. A Recreation Reserve and a Balance lot (Inc SEPP 1)) |
|
Delegated Authority |
|
10.2011.474.2 |
Bangalow Property Investments Pty Ltd |
1 Ballina Rd Bangalow |
S96 to amend Section 94 contributions (Residential subdivision to create 49 allotments) |
|
Delegated Authority |
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.12
Report No. 13.12 PLANNING - 10.2014.714.1 - Demolition of existing dwelling, garage, and all other structures at 9 Station Street Bangalow
Directorate: Sustainable Environment and Economy
Report Author: Paul Mills, Senior Assessment Officer - Planning
File No: I2015/219
Theme: Ecology
Development and Approvals
Proposal:
The application seeks development consent for the demolition of the existing single-storey dwelling house (cottage) and freestanding four (4) car garage on the subject site. In addition two (2) small outbuildings in the rear yard are also proposed to be demolished.
Background:
A previous development application over the subject site (DA 10.2013.570.1) sought consent for removal and demolition of existing dwelling and garage, erection of a two (2) storey mixed-use residential and commercial building including a residential flat building, (comprising eight (8) dwellings), three (3) shops and basement car parking for twenty-one (21) vehicles. Council resolved to refuse that application and this decision was subsequently appealed in the NSW Land & Environment Court. The appeal was dismissed 7 October 2014.
Assessment:
It has not been adequately demonstrated that the proposed demolition and leaving the site vacant will not have a detrimental impact on the Bangalow Heritage Conservation Area and the setting of the nearby Bangalow A&I Hall (Heritage Item).
In a preliminary review of the demolition proposal by the Heritage Consultant who represented Council for a previous appeal over the subject site, the following comment was made:
“In my professional experience and opinion, it would be a very unwise decision on the part of Council to permit demolition of a cottage, in a conservation area and in the immediate vicinity of a heritage listed building, without linking that consent to approval of a replacement dwelling.”
In response to the public notification process a total of eleven (11) submissions were received. The matters raised in the submissions included:
· concerns the proposal will detract from the character and appearance of the Bangalow Conservation Area and the setting of nearby Heritage Items;
· a decision to demolish the cottage should not be undertaken until there is evidence to answer the ‘Helou’ planning principle, and
· the submitted Statement of Heritage Impact was prepared for a previous development application to redevelop the subject site and not leave the site vacant.
The matters raised in the submissions have been discussed in Section 3.6 of the assessment report within Attachment 1.
Conclusion:
It is considered that the proposed demolition of the existing cottage will detract from the character, appearance and streetscape of the Bangalow Conservation Area and the setting of the Bangalow A&I Hall (Heritage Item) which are matters for consideration within Clause 5.10(4) of Byron LEP 2014 and Chapter C1 of Byron DCP 2014.
NOTE TO COUNCILLORS:
In accordance with the provisions of S375A of the Local Government Act 1993, a Division is to be called whenever a motion for a planning decision is put to the meeting, for the purpose of recording voting on planning matters. Pursuant to clause 2(a) under the heading Matters to be Included in Minutes of Council Meetings of Council's adopted Code of Meeting Practice (as amended) a Division will be deemed to have been called by the mover and seconder of all motions relating to this report.
|
RECOMMENDATION: That Pursuant to Section 80 of the Environmental Planning and Assessment Act 1979, development application 10.2014.714.1 for demolition of existing dwelling, garage and all other structures, be refused for the reasons listed in Attachment 1. |
1 Development Application Evaluation Report, A2014/33263 , page 173
2 Proposed Plans 10.2014.714.1, E2015/17311 , page 189
3 Confidential - Submissions 10.2014.714.1, E2015/17880 (provided under separate cover)
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 13.12 - Attachment 1
DEVELOPMENT APPLICATION EVALUATION REPORT
Doc No. #A2014/33263
|
DA No: |
10.2014.714.1 |
|
Proposal: |
Demolition of existing dwelling, garage and all other structures. |
|
Property description: |
LOT: 1 DP: 123326, LOT: 334 DP: 755695, LOT: B DP: 327228 9 Station Street BANGALOW |
|
Parcel No/s: |
85390, 193400, 178620 |
|
Applicant: |
Gordon Highlands Pty Ltd |
|
Owner: |
Gordon Highlands Pty Ltd |
|
Zoning: |
B2 Local Centre Zone |
|
Date received: |
28 November 2014 |
|
Integrated Development: |
No |
|
Public notification or exhibition: |
- Level 2 advertising under DCP 2014 Part A14 – Public Notification and Exhibition of Development Applications - Exhibition period: 9/12/14 to 22/12/14 - Submissions: Eleven (11). |
|
Other approvals (S68/138): |
Not applicable |
|
Planning Review Committee: |
17/3/15 |
|
Delegation to determination: |
Meeting of full Council |
|
Issues: |
· Impact of the proposal on the character and appearance of the Bangalow Conservation area and on neighbouring Heritage Items. |
|
Summary: |
The application seeks development consent for the demolition of the existing single-storey dwelling house (cottage) and freestanding four (4) car garage on the subject site. In addition two (2) small outbuildings in the rear yard are also proposed to be demolished.
It has not been adequately demonstrated that the proposed demolition and leaving the site vacant will not have a detrimental impact on the Bangalow Heritage Conservation Area and the setting of the nearby Bangalow A&I Hall (Heritage Item).
In a preliminary review of the demolition proposal by the Heritage Consultant who represented Council for a previous appeal over the subject site, the following comment was made:
“In my professional experience and opinion, it would be a very unwise decision on the part of Council to permit demolition of a cottage, in a conservation area and in the immediate vicinity of a heritage listed building, without linking that consent to approval of a replacement dwelling.”
In response to the public notification process a total of eleven (11) submissions were received. The matters raised in the submissions included: · concerns the proposal will detract from the character and appearance of the Bangalow Conservation Area and the setting of nearby Heritage Items; · a decision to demolish the cottage should not be undertaken until there is evidence to answer the ‘Helou’ planning principle, and · the submitted Statement of Heritage Impact was prepared for a previous development application to redevelop the subject site and not leave the site vacant.
The matters raised in the submissions have been discussed in Section 3.6 of this report.
It is considered that the proposed demolition of the existing cottage will detract from the character, appearance and streetscape of the Bangalow Conservation Area and the setting of the Bangalow A&I Hall (Heritage Item) which are matters for consideration within Clause 5.10(4) of Byron LEP 2014 and Chapter C1 of Byron DCP 2014.
|
|
Recommendation |
Pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2014.714.1 for Demolition of existing dwelling, garage and all other structures, be refused for the reasons detailed in Section 6 of this report. |
1. INTRODUCTION
1.1 History/Background
The following past development applications have been identified for the subject site:
10.2010.435.1 Development application seeking the removal of one (1) tree from the subject site consent granted 3 September 2010.
10.2011.176.1 Development Application for a change of use of the existing dwelling on the subject site to a shop, consent granted on 7 July 2011.
10.2011.176.2 Section 96 application to modify development consent 10.2011.176.1 to remove a condition requiring consolidation of the allotments, approved 27 October 2011.
10.2012.555.1 Development application seeking consent for demolition of existing dwelling and garage. Erection of a four (4) storey mixed use residential and commercial building including eight (8) dwellings (Residential flat building), three (3) Shops and basement car parking for eighteen (18) vehicles. Council at its Ordinary Meeting held 18 April 2013 resolved to refuse the application.
10.2013.570.1 Development Application seeking consent for removal and demolition of existing dwelling and garage, erection of a two (2) storey mixed-use residential and commercial building including eight (8) dwellings (Residential flat building), three (3) Shops and basement car parking for twenty-one (21) vehicles. Council resolved to refuse the application and this decision was subsequently appealed in the NSW Land & Environment Court. The appeal was dismissed 7 October 2014.
1.2 Description of the site
The subject site is comprised of three adjoining allotments Lot 1 DP 123326, Lot B DP 327228 and lot 334 DP 755695 known as 9 Station Street, Bangalow. The subject site is rectangular in shape and located on the eastern side of Station Street adjoining the western entry to the Bangalow Showgrounds.
Existing on the site is a single-storey dwelling of timber construction with weatherboard cladding and iron roofing, also existing on-site is a freestanding four (4) car garage with two (2) smaller outbuildings. The total area of the site is 1123m². The site has a length of 40.55m with a frontage of 27.93m to Station Street. To the rear the site also has a frontage of approximately 15m to an unformed portion of Station Lane.
The level of the site generally falls from its north-western corner on the Station Street frontage (RL 50.17 highest point) to the south and east (RL 47.63 lowest point).
The site is located at the northern end of Station Street within the Bangalow Heritage precinct. The Bangalow Showgrounds adjoin the property to the north and north-west, with an entry gate (and associated building) for the Showgrounds and Scout Hall located immediately to the north. The A & I Hall is located to the north-east of the site at the end of Station Street. To the rear of the site on the opposite side of Station Lane is the Bangalow Public School, the western side of the School grounds nearest the subject site are the location of a School Hall and a staff parking area. To the south the site adjoins an existing residential property containing a single storey dwelling of timber construction with iron roofing.
1.3 Description of the proposed development
The application seeks development consent for the demolition of the existing single-storey dwelling house (cottage) and freestanding four (4) car garage on the subject site. In addition two (2) small outbuildings are also proposed to be demolished, these structures appear to be able to be removed as exempt development. Following demolition the applicant has advised “The site will be left vacant and fenced with security type fencing so as to prevent any unauthorised use or access to the site.”
Figure 1 – View of existing dwelling house (cottage) from Station Street
Figure 2 – View of existing dwelling house (cottage) from Station Street
Figure 3 – View of existing garage structure from Station Street
2. SUMMARY OF GOVERNMENT/EXTERNAL REFERRALS
|
|
Summary of Issues |
|
Heritage Consultant |
The following comments were received from Council’s Heritage Consultant in response to a request to provide a fee proposal for the preparation of a detailed heritage assessment of the proposal:
“As discussed, this DA is confined to the demolition of the existing cottage and garage building on the property that was the subject of a recent unsuccessful Land and Environment Court Appeal for demolition and redevelopment proposal. In that judgement the Court determined that there was no objection to the demolition but rejected the proposed redevelopment on the grounds of incompatibility of contextual fit. I will need to review the Judgement in more detail to determine if the Court gave any formal direction regarding the potential for demolition. You may like to seek some parallel legal advice on that aspect to fully inform my preliminary conclusions.
On my preliminary reading, the new application seems to rely almost completely on that opinion of the Court. It does not seem to have done any further research but relies on the re-submission of the previous Statement of Heritage Impact, which addressed more than the current proposal, and is therefore not necessarily relevant to the Development Application.
The current application is confined to demolition, meaning that demolition would do northing more than create an empty site, awaiting some future development proposal. In my professional experience and opinion, it would be a very unwise decision on the part of Council to permit demolition of a cottage, in a conservation area and in the immediate vicinity of a heritage listed building, without linking that consent to approval of a replacement dwelling.
I appreciate that Council does apparently not have any formal policy about demolition of buildings in conservation areas. I am aware that the LEC Planning Principle Helou v Strathfield Council looks to formally identified “Contributing” buildings, but the new Byron LEP 2104, Clause 5.10 sets out a clear procedure for such analysis. This includes Clause 5.10 (4) requiring a specific heritage management document to address demolition in a conservation area. The Expert Evidence prepared for the recent LEC appeal raised serious concerns about the quality of the analysis undertaken within the SHI report that has now been resubmitted.
Mr Mills also referred to a suggestion from the applicant’s consultant town planner that the subject cottage should be demolished under an order from Council as, in his opinion, it seemed unsafe and may be regarded as a safety hazard. The issue of any such order by Council would, under Clause 5.10, still require a detailed analysis of the heritage impact of such a demolition.
The concise Heritage Referral Report, the subject of this proposal, will briefly review these issues and provide advice to Council. It will not undertake a more detailed review of the potential contribution of the building to the conservation area. If needed, that can be done later and could more fully address the Court’s comment about detailed research.”
The involvement of Mr Brooks as Council’s Heritage Expert in the recent LEC appeal places him in a strong position to prepare the required report in a thorough, concise and cost efficient manner. |
|
|
No other referrals. |
3. SECTION 79C – MATTERS FOR CONSIDERATION – DISCUSSION OF ISSUES
Having regard for the matters for consideration detailed in Section 79C(1) of the Environmental Planning & Assessment Act 1979, the following is a summary of the evaluation of the issues.
3.1. STATE/REGIONAL PLANNING POLICIES AND INSTRUMENTS
|
Requirement |
Requirement |
Proposed |
Complies |
|
State Environmental Planning Policy No.55 (Remediation of Land) |
(a) considered whether the land is contaminated, and (b) if the land is contaminated, if the land is suitable in its contaminated state or after remediation, and (c) be satisfied the land will be remediated before the land is used. |
Council’s Environmental Health Officer has for previous development applications over the subject site raised no objection to development with regard to site contamination and SEPP No.55 obligations. The site has been used for residential purposes.
Should the application have been favourably considered a condition would have been recommended regarding the removal of asbestos and other waste materials. This condition would have controlled all waste, (asbestos and lead-contaminated wastes) requiring disposal in accordance with the requirements of the Work Cover Authority.
|
Yes |
|
Building Code of Australia |
Able to satisfy the requirements of the Building Code of Australia |
The proposal is considered to be capable of satisfying the requirements of the Building Code of Australia (BCA).
|
Satisfactory as no building works are proposed. |
|
Demolition |
Australian Standard AS 2601-1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993 |
Should the application have been favourably considered conditions would have been imposed to require all demolition works to accord with AS 2601-1991.
|
Yes
|
|
Accessibility (Disability Discrimination Act) |
Access for persons with disabilities and integration into surrounding streetscapes without creating barriers. (Council Res.10-1118) |
No issues are apparent with regard to disabled access. |
N/A |
3.2 BYRON LOCAL ENVIRONMENTAL PLAN 2014
Zone: B2 Local Centre Zone
Definition: Demolition
|
LEP Summary of Requirement |
Proposed |
Complies |
|
Zone B2 Local Centre 1 Objectives of zone • To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area. • To encourage employment opportunities in accessible locations. • To maximise public transport patronage and encourage walking and cycling. • To encourage vibrant centres by allowing residential and tourist and visitor accommodation above commercial premises.
|
The proposed development is not considered to be contrary to the objectives of the B2 Local Centre Zone. |
Yes |
|
2.7 Demolition requires development consent The demolition of a building or work may be carried out only with development consent.
|
Noted. |
N/A |
|
5.10 Heritage conservation Note. Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
(1) Objectives (a) to conserve the environmental heritage of Byron, (b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views, (c) to conserve archaeological sites, (d) to conserve Aboriginal objects and Aboriginal places of heritage significance.
|
The proposed demolition is considered to be inconsistent with the objective detailed in Section 5.10(1)(b) in that the proposal does not conserve the Bangalow Conservation Area and the setting of A&I Hall (Heritage Item). |
No |
|
(2) Requirement for consent (a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance): (i) a heritage item, (ii) an Aboriginal object, (iii) a building, work, relic or tree within a heritage conservation area,….
|
Noted. |
|
|
(4) Effect
of proposed development on heritage significance
(5) Heritage assessment (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
|
* See assessment immediately following this Table. |
No*
|
Clause 5.10(4) Effect of proposed development on heritage significance, and Clause 5.10(5) Heritage assessment
It has not been adequately demonstrated that the proposed demolition and leaving the site vacant will not have a detrimental impact on the Bangalow Heritage Conservation Area and the setting of the nearby Bangalow A&I Hall (Heritage Item No.I039).
The submitted Statement of Heritage Impact (SoHI) prepared by Ainsworth Heritage does not specifically consider the longer term impact of having a vacant site. The submitted SoHI report has also not considered the impact of the erection of security type fencing. Overall the SoHI report considers a redevelopment proposal for the subject site, which is not the subject of this application.
The applicant was requested in a letter dated 18 December 2014, in accordance with Clause 5.10(5) of Byron LEP 2014, to provide a heritage management document which specifically considers the proposed demolition and the impact of leaving the site vacant (with the erection of security type fencing). The applicant responded, in a letter dated 5 March 2015, by advising that the requested report was not warranted.
Draft EPI that is or has been placed on public exhibition and details of which have been notified to the consent authority
No relevant Draft Environmental Planning Instrument has been identified for this application.
3.3 DEVELOPMENT CONTROL PLANS
Development Control Plan 2014
Chapter C1 – Non-Indigenous Heritage
Section C1.2.2 Assessment Requirements
Table C1.1 and the guidelines apply when development is proposed to a heritage item, component of a Heritage Conservation Area or in the vicinity of a Heritage Conservation Area. Table C1.1 details that Demolition requires the submission of a ‘Demolition Report’.
Section C1.2.2 subsection 3 Demolition states:
3 Demolition
The demolition of heritage items and/ or components that contribute to the character of a Heritage Conservation Area is contrary to the intent of the heritage listing and should be treated as a last resort.
Where demolition is proposed for a building on the site of a heritage item or within a Heritage Conservation Area, Council will require a detailed Heritage Report for Demolition /Archival Recording (‘Demolition Report’) to be submitted with the development application. A qualified Heritage practitioner should prepare the report in conjunction with any other professional needed to carry out the condition assessment on the building.
In assessing an application for the demolition of a heritage item or a building or component of a Heritage Conservation Area, Council will consider the following:
a) the heritage significance of the item;
b) the structural condition of the item;
c) comparative analysis of the item in relation to other items;
d) the contribution the item makes to the streetscape or precinct; and
e) the design and suitability of the proposed replacement development.
In the case of partial demolition, the proposed development would need to conserve the heritage significance of the item, and would need to facilitate its continued use or adaptive reuse, and would need to contribute to the ongoing conservation of the item or the affected part of the item that was being retained.
If the structural capability of the building is submitted as a reason for or contributing to the need for demolition, Council may request the submission of a report by an appropriately experienced structural engineer to determine whether the building is, or is not, structurally capable of reasonable and economic use. It should be noted that for demolition of a heritage item to be approved it must be demonstrated that it is unsound, unsafe, or beyond reasonable conservation and is incapable of viable continued use or adaptive reuse.
Where demolition of a heritage item or building in a Heritage Conservation Area is approved, it will generally be conditional upon preparation of an archival recording of the building and site. This must be prepared in accordance with guidelines in “How to Prepare Archival Records of Heritage Items” and “Guidelines for the photographic recording of Heritage Items”, produced by the Department of Planning and Infrastructure and the NSW Heritage Council.
Assessment: The applicant has resubmitted a Statement of Heritage Impact (SoHI) prepared by Ainsworth Heritage dated 27 November 2013 which has not specifically considered the implications of demolishing the existing cottage to provide for a vacant site in the longer term. The submitted SoHI also has not considered the impact of the erection of security type fencing. The SoHI report considers a redevelopment proposal for the subject site, which is not the subject of this application.
The applicant has also submitted a ‘Condition Report’ prepared by Peter Lucena and Associated Pty Ltd dated 28 February 2015. The introduction of the Condition Report states,
“we have undertaken an inspection of the property at 9 Station Street, Bangalow. The purpose of the inspection was to provide advice on the current condition of buildings on the site and to provide a list of remedial works to bring any deficiencies up to an acceptable condition.”
The Condition Report recommends, in part, that the extent of works is so great that effectively the building will require complete replacement to achieve an ‘acceptable outcome’. The report also recommends that the most effective course off action is to demolish the existing building to allow room for construction of an alternative dwelling. This development application has not included a proposal for a redevelopment of a dwelling house on the subject allotment.
Section C1.3 Conservation Guidelines and Requirements – Heritage Items, Heritage Conservation Areas and Development in their Vicinity
The following Sections apply to development of heritage item, in Heritage Conservation Areas or in the vicinity of a heritage item or Heritage Conservation Area.
C1.3.1 General Streetscape Context
Objectives
1. To promote development that complements the existing heritage character and amenity of the area and the heritage significance of the heritage item or Heritage Conservation Area.
2. To maintain and enhance the heritage character of the streetscape in the vicinity of the heritage item or within the Heritage Conservation Area.
3. To ensure that new development respects the established patterns and visual setting in the streetscape including setbacks, siting, landscape settings, car parking and fencing.
4. To retain and reflect the character of building frontage design in the streetscape.
Performance Criteria
1. The side and front setbacks must be typical of the spacing of existing buildings both from each other and from the street, such that the streetscape is retained.
2. The established landscape character of the locality including height of canopy and density of boundary landscape plantings must be retained in any new development.
3. New developments must respect and complement the existing heritage character of the streetscape by maintaining the general scale, height, bulk and proportions of traditional and new buildings in the streetscape.
4. Extensions must not overwhelm the original building. It may be preferable to create two separate buildings with a linkage in order to maintain the integrity of the original.
5. Floor levels must be compatible with floor levels of adjoining buildings.
Prescriptive Measures
1. The original front facades of buildings should not be altered. Additions may be better sited at the side or rear.
2. Infill development must not make replica copies of existing buildings, but must follow proportions and scale.
3. Developments must not use a mixture of features from different eras, nor add historical features to new buildings that are incompatible with the heritage context.
4. The following components of the streetscape must be illustrated and addressed in detail in a development application, and must demonstrate that the proposed development complements the character and heritage significance of established streetscapes:
Front setback of dwellings, materials, colours, textures, roof form and pitch, scale, height and proportion of buildings, landscaping and garden treatment, spaces between buildings, facade treatment, verandahs and window placement, floor levels, height and design of fences, placement and design of garages and driveways, existing street trees, balance between solid walls and openings
Assessment: The proposed demolition will alter the appearance of the streetscape with particular regard to the space between buildings and the balance between solid walls and openings.
Section C1.6.7 Bangalow Conservation Area
Character and Description
Village character, township nestled in verdant landscape. Mixed uses. Distinctive Main Street with awnings and verandahs. Characteristics include:
1. Well vegetated.
2. Sloping sites.
3. Predominantly traditional materials and forms.
Statement of Significance
A rare, largely intact early 20th century village built in a picturesque setting of green hills and subtropical vegetation with a main street of high-quality public and commercial buildings grouped on both sides and an unusually steep sloping street. The village area has a high concentration of quality dwellings, public buildings, streets, back lanes, street trees and landscaping, which taken together illustrate an identifiable pattern of domestic, industrial and commercial settlement in Bangalow by early pioneering settlers, and a pattern of development of civic infrastructure.
Development should be consistent with the specific policy provisions for the Bangalow Heritage Conservation Area included in Chapter E2 Bangalow (E2.3).
Assessment: Noted.
3.4 The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality
The proposed development is considered likely to detract from the character and appearance of the Bangalow Conservation Area and the setting of Heritage Items as discussed in Sections 3.2 and 3.3 of this report.
3.5 The suitability of the site for the development
The subject site is not considered to be suitable for the proposed demolition without a suitable redevelopment proposal to maintain the character, appearance and streetscape of the Bangalow Conservation Area.
3.6 Submissions made in accordance with this Act or the regulations
The application was advertised in accordance with the Level 2 procedure identified within DCP 2014 Part A Section A14. In response to the public notification process a total of eleven (11) submissions were received.
“Below is a table providing a summary of submissions and staff responses. However, Councillors also need to refer to the full copies of all submissions which have been provided on disc, strictly on a confidential bases, to Councillors. The full copies of the submissions contain personal information such as names and addresses of the persons lodging submissions which are relevant matters to be taken into consideration in determining this matter”
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Issue |
Comment |
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The proposed demolition will not maintain the existing character of the streetscape.
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The applicant has not adequately demonstrated that the proposed demolition (without an acceptable redevelopment) will not detract from the character and appearance of the Bangalow Conservation Area and the setting of the Bangalow A& I Hall (Heritage Item).
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Having read the DA for the demolition of the buildings at No.9 Station Street could you please supply Appendix A and B mentioned on page 26 of Ainsworth Heritage’s Statement of Heritage Impact which apparently illustrates the proposed two-storey development planned for the site.
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The submitted Heritage Statement relates to a previous redevelopment proposal for the subject site. There is no redevelopment which forms part of this application.
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The application should not be supported as the site is within the Bangalow Heritage Conservation Area. With reference to LEP 1988 the whole of the Bangalow Conservation Area is an Item of Environmental Heritage.
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Byron LEP 2014 took effect on 21 July 2014 and replaced Byron LEP 1988 for the subject site. The subject site is identified within the Bangalow Conservation Area by Byron LEP 2014.
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Reference is made to the heritage assessment provided by Mr Brooks during the appeal for a previous application to redevelop the subject site. It was his opinion the style and period of the cottage is characteristic of the rural township and it does contribute to the heritage significance of the Bangalow Heritage Conservation Area.
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The findings of an appeal decision for a previous development application are not identified as a matter for consideration within Section 79C of the EP&A Act 1979 for the assessment of a Development Application.
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The restoration of the subject cottage could contribute to the heritage of Bangalow, preserve the streetscapes and retain the character of historical precinct.
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Noted. |
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The heritage report commissioned by the applicant is for the previous DA (the report by Ainsworth Heritage) neglected to report many original features in the cottage that remain and is deficient in various incorrect assertions.
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Noted. |
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As referenced in the DA material The Commissioner’s decision regarding the demolition of the cottage is based on the information provided to her from a heritage report commissioned by the applicant, not an independent report commissioned by Council.
The commissioners opinion regarding demolition was taken out of context. Her repeated statement regarding the cottage was I do not have sufficient evidence before me to answer the question of the Helou planning principle, “What contribution does the existing building make to significance of the conservation area?”
A decision to demolish the cottage should not be undertaken until there is evidence to answer the above Helou planning principle.
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The findings of an appeal decision for a previous development application are not identified as a matter for consideration within Section 79C of the EP&A Act 1979 for the assessment of a Development Application.
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Concerns regarding the fact that there are no site remediation measures proposed after demolition and that a temporary fence will be erected around the site for an indefinite period which will be unsightly and will be a detracting element to the heritage character of the street and surrounding area. This proposal will also have detrimental effect on the setting of the Bangalow A&I Hall which have substantial heritage significance, currently in the process of being assessed for state significance listing.
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Noted. Consideration of the proposal with regard to its impact on the Bangalow Conservation Area and the setting of near by Heritage Items is discussed in Section 3.2 of this report. |
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The existing dwelling is currently being used a home, it is asserted that the dwelling is generating rent of around $500 per week.
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During a site inspection last year the subject dwelling house was occupied however at the time of more recent inspection (11 March 2015) it appeared the house was vacant.
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The dwelling should not be demolished or removed without being accompanied with an approved DA for the future use of this block of land.
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Noted. It is considered that an approved redevelopment of the site is necessary to maintain the character of the area rather than leaving the site as vacant land.
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This application does not recognise that not only do some individual buildings, but more importantly the overall context of buildings is what matters to Station Street’s heritage character and significance.
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Noted. |
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No further DAs should be approved before the revised Bangalow Chapter of the Byron Shire DCP has been exhibited and approved.
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Section 79C of the EP&A Act 1979 specifies that Council must consider its prevailing DCP. It is not considered reasonable to delay the determination of this application pending the completion of a new DCP for the Bangalow commercial centre.
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The demolition of the buildings and the placing of a large and temporary fence around the property appears to be unnecessary.
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Noted. |
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There has been no comprehensive community consultation for the proposal. The community should be given time to asses the heritage impact of demolition.
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The development application was publicly notified in accordance with DCP 2014 (Level 2 procedure). Exhibition was for a 14 day period ending 22 December 2014.
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The site is highly visible being located at the entrance to the Bangalow Markets held at the adjacent Showground.
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Noted. |
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The proposal would set an undesirable precedent to demolish an original cottage within the Bangalow Conservation Area without an appropriate study first being completed.
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It is considered that the applicant has not adequately demonstrated that the proposed demolition of the existing cottage will not detract from the character and appearance of the Bangalow Conservation Area and the setting of nearby Heritage Items as discussed in Section 3.2 of this report.
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Support for the demolition proposal if the following conditions are applied: · Property must be maintained for aesthetic and to avoid creating an unsafe snake haven. · No ugly fencing along the boundaries. · Property is not to be used for storage of materials or parking of unused vehicles. · Suitable boundary fence to be installed along boundary to No.11 Station Street. · Demolition of asbestos to be strictly adhered to OH&S standards for health and safety reasons. |
Noted. |
3.7 Public interest
The proposed demolition of the existing cottage without an acceptable redevelopment of the site is not considered to be in the public interest as it will detract from the character of the area and setting of the Bangalow A&I Hall.
4. DEVELOPER CONTRIBUTIONS
4.1 Water & Sewer Levies
As there is no increase in the load on these services no contributions will be required for water and sewer services[BSC2].
4.2 Section 94 Contributions
As there is no increase in the load on these services and no contributions will be required.
5. CONCLUSION
It has not been adequately demonstrated that the proposed demolition of the existing dwelling-house and leaving the site vacant will not have a detrimental impact on the Bangalow Heritage Conservation Area and the setting of the nearby Bangalow A&I Hall (Heritage Item).
In a preliminary review of the demolition proposal by the Heritage Consultant who represented Council for a previous appeal over the subject site, the following comment was made:
“In my professional experience and opinion, it would be a very unwise decision on the part of Council to permit demolition of a cottage, in a conservation area and in the immediate vicinity of a heritage listed building, without linking that consent to approval of a replacement dwelling.”
It is considered that the proposed demolition of the existing cottage will detract from the character, appearance and streetscape of the Bangalow Conservation Area and the setting of the Bangalow A&I Hall (Heritage Item) which are matters for consideration within Clause 5.10(4) of Byron LEP 2014 and Chapter C1 of Byron DCP 2014.
6. RECOMMENDATION
It is recommended that Pursuant to Section 80 of the Environmental Planning & Assessment Act 1979, development application 10.2014.714.1 for demolition of existing dwelling and garage and all other structures, be refused development consent for the following reasons:
1. Pursuant to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979, it has not been demonstrated that the proposed demolition will not detract from the character, appearance and streetscape of the Bangalow Conservation Area and the setting of the A&I Hall (Heritage Item) which is a matter for consideration within Clause 5.10(4) of Byron Local Environmental Plan 2014.
2. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, it has not been demonstrated that the proposed demolition will not detract from the character, appearance and streetscape of the Bangalow Conservation Area and the setting of the A&I Hall (Heritage Item) contrary to the provisions of Byron Development Control Plan 2014, Chapter C1 Non-indigenous Heritage.
3. Pursuant to the provisions of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, the proposed development is considered to be contrary to the public interest in terms of the impact on the Bangalow Conservation Area and the setting of the Bangalow A&I Hall.
7. DISCLOSURE OF POLITICAL DONATIONS AND GIFTS
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Has a Disclosure Statement been received in relation to this application |
No |
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Have staff received a ‘gift’ from anyone involved in this application that needs to be disclosed. Where the answer is yes, the application is to be determined by the Director or Manager of the Planning, Development and Environment Division. |
No |
Provide Disclosure Statement register details here: Nil.
Staff Reports - Sustainable Environment and Economy 13.13
Report No. 13.13 Budget Allocation for Traffic Study to Determine Construction Priorities on Ewingsdale Road
Directorate: Sustainable Environment and Economy
Report Author: Christopher Soulsby, Development Contributions Officer
File No: I2015/256
Theme: Ecology
Development and Approvals
Summary:
The purpose of this report is to seek a resolution of Council to set a budget allocation to engage a traffic consultant to prepare an updated traffic report for MR545. The report will enable Council to set a priority order for the construction of major intersection upgrades along this strategically important road corridor.
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RECOMMENDATION: 1. That
Council allocate a budget of $50,000 to engage a traffic consultant
to: a) Determine the priority order for the construction of intersection upgrades on MR545; and b) Model the impacts of construction of more than one roundabout at a time on Ewingsdale Road; and c) Investigate the need for a roundabout at the intersection of Kendal Street and Ewingsdale Road; and d) Model the impact of the rezoning proposal for seniors living and commercial development at Ewingsdale on the intersections of William Flick Lane / Ewingsdale Road and McGettigans Lane / Ewingsdale Road and determine the timing of construction for the infrastructure to service this development. Model the impact of this development on the function of MR545.
2. That budget be made up of section 94 funds with $30,000 taken from the Byron Bay Urban Roads account and $20,000 from the Plan Administration Fund.
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Report
The purpose of this report is to seek a resolution of
Council to set a budget allocation to engage a traffic consultant to undertake
the following tasks:
1 Determine the priority order for the construction of intersection upgrades on MR545; and
2 Model the impacts of construction of more than one roundabout at a time on Ewingsdale Road; and
3 Investigate the need for a roundabout at the intersection of Kendal Street and Ewingsdale Road; and
4 Model the impact of the rezoning proposal for seniors living and commercial development at Ewingsdale on the intersections of William Flick Lane / Ewingsdale Road and McGettigans Lane / Ewingsdale Road and determine the timing of construction for the infrastructure to service this development. Model the impact of this development on the function of MR545.
The MR545 strategic road study identified a series of works on MR545 from Clifford Street in Suffolk Park through the town centre and along Ewingsdale Road. These works were incorporated into the Byron Developer Contributions Plan 2012 to source developer contributions to fund the works. The MR545 study identified the triggers for when these works would be required. Table 8 from the MR545 study as reproduced below sets out the works and triggers on MR545.
The triggers for the construction of the roundabouts at McGettingans Lane, Bayshore Drive, Sunrise Boulevard and Clifford Street have all been met. Council only has sufficient section 94 funds to pay for one of these roundabouts at this point in time. Dependant on the level of development in the area it may take 2-5 years to accumulate sufficient section 94 contributions to fund the next roundabout.
Council needs to know which intersection is the highest priority in order to direct limited financial resources to the intersection that will get the best return on investment in terms of overall network performance. It is possible that private developers may construct the roundabouts at McGettingans and Bayshore Drive. This would then allow Council to direct funds to the next highest priority intersection.
The MR545 study did not identify the need for a roundabout at Kendal Street. Staff have a concern that an intersection upgrade may be required. It is prudent to get the consultant to model this intersection to determine the type of upgrade and the timing of the upgrade so that it can be incorporated into the section 94 plan and Council can commence collecting contributions to funds the works.
Financial Implications
The cost of the study would be partially funded from the administration component of the section 94 plan and partially funded from the individual line items in the works schedule. The estimated cost to model the intersections is $30,000 and a further $20,000 to model the network to determine the priority order. No additional Council funds are required. There are no impacts to the general fund from this proposal.
Statutory and Policy Compliance Implications
Expenditure of the administration levy to determine a priority order for construction of works in the contributions plan is a legitimate expenditure of section 94 funds.
The outcome of the consultant’s report will likely require an amendment to the s94 plan. This amendment would go through the normal statutory process. The outcome of the report will also have a bearing on the Ewingsdale seniors living rezoning and the preparation of the West Byron DCP.
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.14
Staff Reports - Infrastructure Services
Report No. 13.14 Belongil Creek Floodplain Risk Management Study and Plan
Directorate: Infrastructure Services
Report Author: James Flockton, Drainage Flood Engineer
File No: I2015/93
Theme: Community Infrastructure
Emergency Services and Floods
Summary:
The Draft Belongil Creek Floodplain Risk Management Plan draws together a wide range of floodplain management options from The Draft Belongil Creek Floodplain Risk Management Study. The study investigated and recommended solutions as part of detailed investigation and consideration of flood risk across the study area.
The Study and Plan are now ready for adoption by Council.
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RECOMMENDATION: That Council adopt the Draft Belongil Creek Floodplain Risk Management Study and Plan Summary (Attachment 2, E2015/16794) and the Draft Belongil Creek Floodplain Risk Management Plan (Attachment 3, E2015/16795). |
1 Belongil Creek Floodplain Risk Management Study and Plan Project - Council resolutions 2011-2014, E2015/3607 , page 197
2 Draft Belongil Creek Floodplain Risk Management Study and Plan Summary March 2015, E2015/16794 (provided under separate cover)
3 Draft Belongil Creek Floodplain Risk Management Plan March 2015, E2015/16795 (provided under separate cover)
Report
At the Ordinary Meeting of 28 August 2014, Council considered a report on the Draft Belongil Creek Floodplain Risk Management Study and Plan and resolved as follows:
14-397 Resolved:
1. That the Draft Belongil Creek Floodplain Risk Management Study and Plan be placed on public exhibition for a period of 28 days and any submissions be reported back to Council.
2. That a public information session be held to coincide with the exhibition period.
The draft study and plan were placed on public exhibition for a period of 28 days and submissions closed on Monday 27 October.
A public information session was held on 7 October from 4pm-7pm at the Byron Bay Community Centre.
A single late submission was received and accepted. The submission regarded a house which was eligible for Voluntary House Purchase under the Draft Belongil Creek Floodplain Risk Management Plan. The submission was considered at Council’s Ordinary Meeting of 20 November 2014.
Council 14-585 Resolved::
That Council defer adoption of the Draft Belongil Creek Floodplain Risk Management Study (E2014/51147) and Plan (E2014/54465) until such time that Councillors and staff have had an opportunity to conduct a workshop with committee members to explain process and outcomes being considered in the Study and its implications.
Following resolution 14-585 Council staff have completed a detailed assessment of the house which was eligible for Voluntary House Purchase under the Draft Belongil Creek Floodplain Risk Management Plan.
The review of has found errors in the ground heights around the house. It is unknown if the errors are actual errors, or if the pre development ground heights were picked up during the flood study process. However, the result is the house should NOT be within a high hazard zone and can be removed from the Voluntary House Purchase program.
The error appears to be an isolated error because the flood model’s terrain model was previously checked for accuracy as part the flood study process and no major concerns were found.
Consultants BMT WBM have now updated the flood model to reflect the above results and provided a short paper (found at the end of Attachment 3 Draft Belongil Creek Floodplain Risk Management Plan ) explaining the changes to the results. This paper is an addendum to the Draft Belongil Creek Floodplain Risk Management Plan to ensure the process is documented in the final document.
Additionally two other changes have been made to the Draft Belongil Creek Floodplain Risk Management Plan being recommended for adoption compared to the version which went on public exhibition.
1. addition of a key action in the document
2. change of the location of an evacuation route
Key Action:
A long term opening strategy for Belongil Creek had been omitted from the plan of action within the Draft Belongil Creek Floodplain Risk Management Plan. The current Crown License to open Belongil Creek, license 453621, states that;
During the period of this licence, Council shall demonstrate that it has made substantive progress on the development of a sustainable long-term Belongil Creek Entrance Management Strategy and the incorporation of catchment remediation strategies (including native vegetation regeneration, effluent management, acid sulphate runoff reduction, stormwater management strategies). The Strategy shall incorporate factors that address issues raised through monitoring prior to, during and after the opening of the estuary mouth during the term of this licence. Demonstration of Council's progress shall be by way of provision of a written report six (6), twelve (12), eighteen (18) and twenty-four (24) months from the commencement of this licence.
Council has been demonstrating progress through six monthly reporting, however, no funding has been made available to prepare a Belongil Creek Entrance Management Strategy. Adding an action to the Draft Belongil Creek Floodplain Risk Management Plan will allow Council to attract 2/3 funding from state government for completion of these works, therefore, the document has been amended with the following task.
‘Preparation of a Belongil Creek Entrance Management Strategy’, at a cost of $150,000.
Evacuation Route:
Figure 5-1 of the Draft Belongil Creek Floodplain Risk Management Plan shows the evacuation route from Belongil Spit along the old alignment for Border Street. This road is no longer in use and the route needed to be mapped along the current alignment.
The current version of the Draft Belongil Creek Floodplain Risk Management Plan shows the evacuation route from Belongil Spit mapped correctly along the new alignment for Border Street.
Further Information
The Draft Belongil Creek Floodplain Risk Management Study and Plan has been a lengthy process over a number of years. Council has considered and approved a number reports and stages along the path to adoption. A review of the relevant Council Resolutions has been prepared at Attachment 1 to help Council review the process and decisions that have been made to take the project through to adoption.
RECOMMENDATION:
That Council adopt the Draft Belongil Creek Floodplain Risk Management Study and Plan Summary (Attachment 2) and the Draft Belongil Creek Floodplain Risk Management Plan (Attachment 3).
Financial Implications
Nil
Statutory and Policy Compliance Implications
Floodplain Management Plans must be prepared in accordance with State Government Policy. The NSW Floodplain Development Manual 2005 is the current policy used by State Government for the preparation of such documents.
The Draft Belongil Creek Floodplain Risk Management Study and Plan have been prepared in accordance with the NSW Floodplain Development Manual 2005.
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 13.14 - Attachment 1
Belongil Creek Floodplain Risk Management Study and Plan project – Council resolutions 2011-2014
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Council Meeting Date |
Resolution |
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14/04/2011 |
Belongil Creek Flood Risk Management Study Plan 2011-00054
11-306 Resolved: 1. That Council award Tender - Belongil Creek Flood Risk Management Study and Plan - Contract 2011-00054 to BMT-WBM, for $208,868.00 including GST. 2. That Council makes public its decision including the name and amount of the successful tenderer in accordance with Clause 179(b) of the Local Government (General) Regulation 2005. 3. That Council advise unsuccessful tenderers their tender was not accepted. 4. That Council endorse the Belongil Creek Flood Risk Management Committee constitution (Annexure 15(d) #1073638 of this report) with the addition of Councillor (to be determined) to the membership list. |
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28/04/2011 |
Flood Risk Management Committee Membership
11-360 Resolved: 1. That Council endorse the Belongil Creek Flood Risk Management Committee constitution (Annexure 15(a) #1081102) to be amended to accord with Resolution 10-1065, with Councillors Tabart and Woods added to the membership list. 2. That Council endorse the North Byron Coastal Creeks Flood Risk Management Committee constitution (Annexure 15(b) #1081167) to be amended to accord with Resolution 10-1066, with the addition of Councillor Staples to the membership list. 3. That Council note that the Mayor Cr Barham has withdrawn from membership of the Belongil Creek Flood Risk Management Committee. |
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03/11/2011 |
Report of Council’s Flood Risk Management Committees
11-878 Resolved that Council note the Minutes of the Flood Risk Management Committee meetings held on 4 October 2011. |
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09/02/2012 |
Belongil Creek Floodplain Risk Management Committee 13 December 2011
12-44 Resolved that Council note the minutes of the Belongil Creek Floodplain Risk Management Committee (BCFRMC) Meeting held on 13 December 2011 (Annexure 10(a), #1182550). |
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09/02/2012 |
Belongil Creek Floodplain Risk Management Committee 13 December 2011
12-45 Resolved that in relation to Report 4.1 – Presentation of Discussion Papers 5 to 7 (#1165811), Council adopt: Committee Recommendation BCFRMC 4.1 a) That the following recommendations be added to the Draft Belongil Creek Flood Risk Management Study and Plan: i) Installation of additional rainfall gauges in the Belongil catchment. ii) Installation of an ALERT water level gauge at the Ewingsdale Road Bridge. iii) Implementation of a multi-faceted community flood awareness campaign targeting accommodation providers and new residents, as well as existing residents. iv) Development of a flood information data set linking water levels to real world outcomes. In order to develop a flood action plan or flood intelligence card which can help Council or the SES understand how a predicted flood water level will affect the community. v) Implementation of an automated telephone and/or SMS flood warning system. vi) A review of existing SES emergency procedures using design flood information. vii) A review of flood and evacuation warning procedures. A wide range of warning methods should be considered and planned for well in advance of future flood events. viii) Identification of an alternative evacuation route. An alternative to Jonson Street is recommended which has greater flood immunity. It is recommended that the SES investigate this alterative and, if deemed suitable, it be adopted in the Byron Shire Local Flood Plan. ix) Prioritise evacuation of Belongil Spit. Early and prioritised evacuation of the Belongil Spit area would ensure that the most vulnerable residents have the potential to evacuate prior to the onset of flooding. It is recommended that the SES identify triggers which would prompt the evacuation of Belongil Spit before other areas in the catchment. It is also recommended that the residents in the Belongil Spit area are educated about their increased flood risk and the likelihood of early evacuation. x) Discussion Paper 5 be amended to list the correct responsibilities of the SES, namely that the Bureau of Meteorology is the legislated organisation that issues flood warnings, and amend the emergency response recommendations in discussion paper 5 to incorporate a layered warning system which includes sirens. b) That a Flood Planning Matrix be recommended for inclusion in Council’s Development Control Plan for Flood as part of the recommendations within the Draft Belongil Creek Flood Risk Management Study and Plan. The proposed planning matrix would: i) More stringently restrict incompatible floodplain development within high hazard areas of the floodplain. ii) Restrict development of critical Infrastructure and emergency services to flood liable lands. iii) Prescriptively list development control measures based on land-use type and flood hazard category. iv) The controls within the Planning Matrix would be based on current flood risk and future flood risk increases due to climate change projections have been taken into account where appropriate. c) i) That the one (1) property that has been identified as eligible for voluntary house purchase and the four (4) properties that have been identified as eligible for voluntary house raising be listed in the Draft Belongil Creek Flood Risk Management Study and Plan. ii) That additional properties, which were included in the voluntary house raising assessment, be considered for flood proofing. d) The flood planning level in the draft Byron LEP be based on 2100 event and that the draft DCP for flooding include controls for FPL1, FPL2 and FPL3, based on updated Discussion Paper 7 (#1173861, #1173875). |
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09/02/2012 |
Belongil Creek Floodplain Risk Management Committee 13 December 2011
12-46 Resolved that in relation to Report 4.2 – Amended Constitution (#1169811), Council adopt: Committee Recommendation BCFRMC 4.2 That Council endorse the Belongil Creek Floodplain Risk Management Committee Constitution (Annexure 10(k), #1169595) to be amended to accord with resolutions 10-1066 and 11-360, Council’s advisory committee constitution template and the NSW Floodplain Development Manual. |
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09/02/2012 |
Belongil Creek Floodplain Risk Management Committee 13 December 2011
12-47 Resolved that in relation to Agenda Item 5.2 – Flood Modification Measures (#1159552), Council adopt: Committee Recommendation BCFRMC 5.2 The committee recommends that the consultant prepare a report which identifies tangible cost/benefits relating to four flood modification measures, which include: a) Training the Belongil Creek mouth versus existing opening strategy. b) The Byron Bay Drainage Strategy 2010 including identification of structures that may need modification. c) A full maintenance program for the existing drainage system. d) Cost/benefit analysis of works on the Clarkes Beach drain. |
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13/06/2013 |
Belongil Creek Floodplain Risk Management Committee 7 May 2013
13-269 Resolved that Council note the minutes of the Belongil Creek Floodplain Risk Management Committee (BCFRMC) meeting held on 7 May 2013 (Annexure 2(a), #E2013/28210). |
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13/06/2013 |
Belongil Creek Floodplain Risk Management Committee 7 May 2013
13-270 Resolved that Council adopt the Belongil Creek Floodplain Risk Management Committee constitution (Annexure 2(e), #E2013/31376). |
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13/06/2013 |
Belongil Creek Floodplain Risk Management Committee 7 May 2013
13-271 Resolved that in relation to Report 4.2 - Flood Modification Measures and Future Development Discussion papers – Belongil Creek Floodplain Risk Management Committee, Council adopt: Committee Recommendation BCFRMC 4.2.1 1. That measures 3 and 4 from Annexure 2(c) #E2013/23048 be included in the proposed floodplain management scheme within the final Belongil Creek floodplain management plan and measure 2 be a fall-back option. 2. That the recommendations from section 5.1 in Annexure 2(d) #E2013/23026 be included in the proposed floodplain management scheme within the final Belongil Creek floodplain management plan. 3. That an action item which details the section of Childe Street and Council’s Lot 1 Manfred Street regarding creek bank erosion and road reserve be included in the final Belongil Creek floodplain management plan. 4. That Council consider running an additional mitigation scenario which alters the existing railway bridge over Belongil Creek to improve flows at this section of the creek and consider the flood affects of such a scenario. |
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12/12/2013 |
Belongil Creek Floodplain Risk Management Committee Meeting 11/11/13
13-700 Resolved that Council note the minutes of the Belongil Creek Floodplain Risk Management Committee (BCFRMC) meeting held on 11 November 2013 (Annexure10(b) E2013/76768). |
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12/12/2013 |
Belongil Creek Floodplain Risk Management Committee Meeting 11/11/13
13-701 Resolved that in relation to Report 4.1. - Flood Modification Measure – Railway Bridge Modelling (Community Infrastructure #E2013/71895), Council adopt: Committee Recommendation BCFRMC 4.1.1 a) That Council does not adopt the widening (span) of the railway bridge over Belongil Creek as a potential mitigation measure, and note the following reasons: i) the mitigation measure has a limited beneficial impact on flood risk within the catchment ii) future sea level rise will increase the risk for storm tide inundation within Byron Bay b) That Council note widening of the railway bridge may increase the vulnerability of Byron Bay to these risks. c) That Council notes that the cost benefit analysis does not support the widening of the bridge. |
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12/12/2013 |
Belongil Creek Floodplain Risk Management Committee Meeting 11/11/13
13-702 Resolved that in relation to Report 4.2 - Belongil Floodplain Risk Management Study Draft Summary (Community Infrastructure #E2013/71909), Council not adopt Committee Recommendation BCFRMC 4.2.1, but instead adopt: Management Recommendation BCFRMC 4.2.1 a) That Council adopt the Draft Belongil Creek Floodplain Risk Management Study Report as detailed in Annexure 2 (Annexure 10(c) #E2013/76783 of this report to Council) and use the contents to develop the Draft Belongil Creek Floodplain Management Plan. b) That the Byron Drainage Strategy previously referred to as the ‘Alternative Byron Drainage Strategy will now be referred to as the ‘Preferred Byron Drainage Strategy . c) That Council notes the location of a permanent Creek mouth for Belongil Creek won’t have an impact on hydraulic loads. d) That separate to the floodplain risk management process staff investigates the following issues i) The social and environmental impact of the migration of the Belongil Creek Mouth and possible locations of a permanent Creek mouth be investigated. ii) The bank erosion that is threatening built infrastructure adjacent to Childe Street/Manfred Street be investigated. |
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28/08/2014 |
Belongil Creek Risk Management Study and Plan
14-397 Resolved: 1. That the Draft Belongil Creek Floodplain Risk Management Study and Plan be placed on public exhibition for a period of 28 days and any submissions be reported back to Council. 2. That a public information session be held to coincide with the exhibition period. |
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20/11/2014 |
Belongil Creek Risk Management Study and Plan
14-585 Resolved that Council defer adoption of the Draft Belongil Creek Floodplain Risk Management Study (E2014/51147) and Plan (E2014/54465) until such time that Councillors and staff have had an opportunity to conduct a workshop with committee members to explain process and outcomes being considered in the Study and its implications. |
Reports of Committees - Infrastructure Services 14.1
Reports of Committees - Infrastructure Services
Report No. 14.1 Report of the Community Infrastructure Advisory Committee Meeting held on 5 March 2015
Directorate: Infrastructure Services
Report Author: Helen Waldron, EA Infrastructure Services
File No: I2015/218
Theme: Community Infrastructure
Local Roads and Drainage
Summary:
The report provides the Minutes and recommendations of the Community Infrastructure Advisory Committee Meeting held 5 March 2015 for determination by Council.
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RECOMMENDATION: 1. That Council note the minutes of the Community Infrastructure Advisory Committee Meeting held on 5 March 2015.
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Report
The attachment to this report provides the minutes of the Community Infrastructure Advisory Committee Meeting of 5 March 2015 for determination by Council.
Committee Recommendation
Committee Recommendation 5.1.2
That the Community Infrastructure Advisory Committee
recommends that Council:
1) Note the Discussion Paper (E2015/14133) on roadside weed management.
2) Convene a meeting of interested stakeholder groups and individuals to
consider the paramount question.
3) Review the Roadside Vegetation Management Plan (RVMP), including to:
a) identify effectiveness of control methods and identifying
opportunities for costs saving through better targeting of
control methods.
b) identify opportunities for better coordination of stakeholders
to increase area of roadside under sustainable weed
management control.
4) Receive a report via the Committee on public liability, risk management and other issues associated with support of voluntary groups, as outlined in the Discussion Paper.
Management Comments
This work could be progressed as resources permit.
Committee Recommendation 5.1.3
That Council note the Discussion Paper presented to the CIAC (E2015/14756) and collaborate with NPWS about possible canoe access and launching locations on Marshalls Creek at Ocean Shores and New Brighton.
Management Comments
This work could be progressed as resources permit.
Financial Implications
As per the Reports listed within the Community Infrastructure Advisory Committee Meeting of 5 March 2015.
Statutory and Policy Compliance Implications
As per the Reports listed within the Community Infrastructure Advisory Committee Meeting of 5 March 2015.
BYRON SHIRE COUNCIL
Reports of Committees - Infrastructure Services 14.2
Report No. 14.2 Report of the Water, Waste and Sewer Advisory Committee Meeting held on 5 March 2015
Directorate: Infrastructure Services
Report Author: Helen Waldron, EA Infrastructure Services
File No: I2015/220
Theme: Community Infrastructure
Waste and Recycling Services
Summary:
The report provides the Minutes and recommendations of the Water, Waste and Sewer Advisory Committee Meeting held 5 March 2015 for determination by Council.
<<Type text here>>
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RECOMMENDATION: 1. That Council note the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 5 March 2015.
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1 Minutes Water, Waste and Sewer Advisory Committee Meeting held 05/03/15, I2015/195 , page 207
Report
The attachment to this report provides the minutes of the Water, Waste and Sewer Advisory Committee Meeting of 5 March 2015 for determination by Council.
Committee Recommendation
Moved 5.1.1
That the Water, Waste and Sewer Advisory Committee meets on the following dates and times:
· Thursday 7 May 2015 at 9.00am
· Thursday 10 September 2015 at 9.00am
· Thursday 3 December 2015 at 9.00am
The committee recommendation is supported by management and is provided in the attachment to this report.
Financial Implications
As per the Report listed within the Water, Waste and Sewer Advisory Committee Meeting of 5 March 2015.
Statutory and Policy Compliance Implications
As per the Report listed within the Water, Waste and Sewer Advisory Committee Meeting of 5 March 2015.
BYRON SHIRE COUNCIL
Reports of Committees - Infrastructure Services 14.2 - Attachment 1
Water, Waste and Sewer Advisory Committee Meeting
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Venue |
Conference Room, Station Street, Mullumbimby |
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Date |
Thursday, 5 March 2015 |
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Time |
9.00am |
BYRON SHIRE COUNCIL
Reports of Committees - Infrastructure Services 14.2 - Attachment 1
Minutes of the Water, Waste and Sewer Advisory Committee Meeting held on Thursday, 5 March 2015
File No: Error! Unknown document property name.
PRESENT: Cr S Richardson (Mayor), Cr D Dey and Cr R Wanchap
Staff: Phil Holloway (Director Infrastructure Services)
Peter Rees, Manager Utilities
Michael Matthews, Manager Open Space and Resource Recovery
Community: David Fligelman
Madeleine Green
Leah
Kapral
Luke McConnell
Cr Dey(Chair) opened the meeting at 9.05am and acknowledged that the meeting was being held on Bundjalung Country.
Apologies:
Col Draper
Declarations of Interest – Pecuniary and Non-Pecuniary
Madeleine Green declared a non-pecuniary interest. The nature of the interest being that Ms Green’s residence is in the vicinity of the Myocum Resource Recovery Centre.
Adoption of Minutes from Previous Meetings
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Recommendation: That the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 4 December 2014 be confirmed.
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Business Arising from Previous Minutes
There was no business arising from previous minutes.
Staff Reports - Infrastructure Services
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Report No. 5.1 Proposed Water, Waste and Sewer Advisory Committee Dates for 2015 File No: I2015/20
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Moved: That the Water, Waste and Sewer Advisory Committee meets on the following dates and times:
· Thursday 7 May 2015 at 9.00am · Thursday 10 September 2015 at 9.00am · Thursday 3 December 2015 at 9.00am . (Dey/Green The recommendation was put to the vote and declared carried ) |
General Business
Actions:
That the Committee receive the following reports during the remainder of their term.
Reports to include:
a) Demand Management, including options for water re-use within the Shire
b) Performance Reports on Water,Sewer and Resource Recovery
c) Impacts of Temporary Events on Water, Sewer and Resource Recovery
d) Growth Management Strategy in Relation to Potential Issues with Water, Sewer and Resource Recovery
e) Review of Policies Relating to Water, Waste and Resource Recovery
f) Status of Provisions of Rainwater Tanks throughout the Shire
There being no further business the meeting concluded at 10.30 am.
BYRON SHIRE COUNCIL
Reports of Committees - Infrastructure Services 14.3
Report No. 14.3 Report of the Transport Advisory Committee Meeting held on 12 March 2015
Directorate: Infrastructure Services
Report Author: Simon Bennett, Traffic and Transport Engineer
File No: I2015/259
Theme: Community Infrastructure
Local Roads and Drainage
Summary:
This report provides the minutes and recommendations of the Transport Advisory Committee Meeting held on 12 March 2015 for determination by Council.
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RECOMMENDATION: 1. That Council note the minutes of the Transport Advisory Committee Meeting held on 12 March 2015. |
1 Minutes 12/03/2015 Transport Advisory Committee, I2015/197 , page 215
2 s94 Contributions Plan cycleway bike projects - Transport Advisory Committee meeting 12 March 2015 prioritising of projects for 9 April 2015 Report to Council, E2015/18933 , page 220
Report
The attachment to this report provides the minutes of the Transport Advisory Committee Meeting of 12 March 2015 for determination by Council.
Committee Recommendation 5.1
Committee meeting dates for 2015.
Management Comments
Noted.
Committee Recommendation 5.2
Committee recommendation 5.2 is reproduced as above from the attached minutes. The recommendation provides a priority order to cycleway projects as contained in Council’s December 2012 adopted s94 contributions plan.
Management Comments
As the recommendation notes, should such priority be adopted by Council, a further report back to Council in regard to the changes/amendments to the s94 contributions plan will be required prior to any such funds being spent. While the amendments will be minor in nature, mainly inclusion of project priority, the opportunity will also be taken to report on s94 funds held, table updated cost estimates and provide further detail on each project plus on how the priorities have been reached, which have been summarised by staff (post meeting) as per Attachment No. 2.
As this attachment shows, the Committee considered projects in regard to either being high, medium or low in priority in relation to three separate criterion: planning/investigating, consultation and delivery. Staff (post meeting) then applied a weight, 5 for high, 3 for medium and 1 for low to provide a ‘Total’ so to enable ranking the 15 projects, with the highest score (of 7) applied to a project where the criterion was considered not applicable (na).
By doing so, the attached concludes subject to funding the two (2) signage only projects are for immediate delivery, while four (4) projects are considered high priority, noting bike plan projects numbered 72 and 73 are within the bike plan as off-road while more recently Council resolved in favour of on-road as follows, meaning both options will be costed and included in the aforementioned report back to Council:
14-223 Resolved…that in regard to the bike project detailed in design plans 2045/1; 2045/2 and 2208 for an on-road route between Suffolk Park and Byron Bay town centre which follows Broken Head Road and Bangalow Road, Council:
1. develop an alternative design for the section between Wollumbin and Keats Street and the section north of the junction with Scott Street, with consideration being given to commercial and community car parking needs along the route.
2. that this alternative design be incorporated into the relevant design plans and that plans 2045/1; 2045/2 and 2208 be first costed and secondly placed on public exhibition.
3. following the consultation and public exhibition period, a report be provided back to Council seeking endorsement of the project for submission to the RMS for at least 50% funding for delivery in 2015/16.
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Figure 1 maps the locations of Suffolk Park bike plan projects 72, 73 and 76 plus a fourth project, which is not in the bike plan but included in the s94 plan and considered by the Committee as Low priority overall but high for planning/investigation; i.e. a new path from Broken Head Road to Kalemajere Drive which is a link that would transverse both private and public land and is partially provided for.
While the immediate and high priority projects will (upon adoption) take precedence the three (3) projects considered as ‘medium’ priority (overall) include a ‘high’ need for planning and consultation and therefore will be progressed accordingly.
Of the remaining six (6) projects, the two (2) projects considered Medium-Low are considered less of priority to bike plan project number 40 (Medium-High) due to the potential of it gaining 100% state funding, while of the three (3) projects given ‘Low’ priority they have (respectively) a high, medium and low planning priority and will be undertaken in such order, unless resolved otherwise.
Therefore overall it is believed the Committee recommendation as it stands provides clear direction for priority delivery of bike plan projects. |
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Committee Recommendation 5.3
Committee recommendation 5.3 is detailed on the attached minutes.
Management Comments/Recommendation
The Committee recommendation has three distinct parts.
Part (a) and (c) are inter-related and will require staff to undertake and has no funding implications other than on existing staff time and resources. No change is made to the Committee recommendation other than renumbering for purpose of Council adoption as 4(a) and (b).
Part (b) of the Committee recommendation however needs further clarification, namely the report to which it refers, and to further assist with priority, Management recommend as per Part 5, noting however it recommends (as per Committee intention) that the s94 funds as held in the current 2014/15 budget for a revision of the PAMP document, commencing with a pedestrian audit, instead be used to undertake projects as detailed in the recommendation; i.e. as per Tables 1 and 2 from Committee Report No. 5.3.
Financial Implications
As per the Reports listed within the Transport Advisory Committee Meeting of 12 March 2015.
However it is noted no changes to expenditure or funding is required for Committee Recommendations made, with Committee Recommendation 5.1 having no further funding requirement and that Committee Recommendation 5.2 will first require a report back to Council on cost estimates and s94 funds/amendments prior to any expenditure is incurred.
As for Committee Recommendation 5.3, it redirects existing s94 funds as held in the 2014/15 budget for the purpose of an audit and PAMP review to instead undertake priority pedestrian projects.
Statutory and Policy Compliance Implications
As per the Reports listed within the Transport Advisory Committee Meeting of 12 March 2015.
BYRON SHIRE COUNCIL
Reports of Committees - Infrastructure Services 14.3 - Attachment 1
Transport Advisory Committee Meeting
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Venue |
Conference Room, Station Street, Mullumbimby |
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Date |
Thursday, 12 March 2015 |
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Time |
9.00am |
BYRON SHIRE COUNCIL
Reports of Committees - Infrastructure Services 14.3 - Attachment 1
Minutes of the Transport Advisory Committee Meeting held on Thursday, 12 March 2015
File No: Error! Unknown document property name.
PRESENT: Cr
B Cameron, Cr D Dey, Cr A Hunter
Staff: Phillip Holloway (Director Infrastructure Services)
Simon Bennett (Traffic and Transport Planner)
Community: John Blanch, Phillip Preston
Cr Cameron opened the meeting at 9.05am and acknowledged that the meeting was being held on Bundjalung Country.
Apologies: Cr S Richardson (Mayor)
ABSENT: Karin Kolbe
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Adoption of Minutes from Previous Meetings
Procedural Motion
That the minutes of the Transport Advisory Committee Meeting held on 23 September 2014 be confirmed.
(Cr Dey / Cr Hunter)
The motion was put to the vote and declared carried.
Business Arising from Previous Minutes
There was no business arising from previous minutes.
Staff Reports - Infrastructure Services
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Report No. 5.1 Proposed Transport Advisory Committee Meeting Dates for 2015 File No: I2015/19
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Committee Recommendation TrAC 5.1
That the Transport Advisory Committee meets on the following dates and times:
· Thursday 25 June 2015 at 2.00pm · Thursday 1 October 2015 at 9.00am · Tuesday 1 December 2015 at 9.30am
Cr Cameron / Cr Hunter The motion was put to the vote and declared carried.
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Report No. 5.2 Bike plan review and project prioritisation File No: I2015/186
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Committee Recommendation TrAC 5.2
1. That Council, in adopting the following priority in regard to bike plan projects, receive a staff report on cost estimates and to amend and exhibit the s94 Contributions Plan accordingly which reflects:
a) high priority for the funding and delivery of bike plan projects:
i) No. 38 - shared path, Bangalow, from the eastern end of the existing path on the north side of Byron Bay Road through to the Bangalow Bowling Club;
ii) No. 73 and 72 - Broken Head Road, Suffolk Park between Beech Drive south and north roundabouts and onto Byron at Byron Resort, with options for both on-road (as per Res 14-223) and off-road (as per bike plan) be investigated, costed and reported back to Council; and
iii) No. 43 – a shared path on Raftons Road, Bangalow from Rifle Range Rd to Readings Bridge via Leslie Street.
b) medium priority, commencing with investigation and report of options for bike plan projects:
i) No. 76 - shared path, Suffolk Park from Broken Head Rd (at Byron at Byron Resort) through to Alcorn Street; and
ii) No. 15 - shared path Balemo Drive, Ocean Shores from Orana Road to Brunswick Valley Way;
c) consideration of funding opportunity, relationship and priority of bike plan projects:
i) No. 40 - shared path Lismore Road from Rifle Range Road to Dudgeons Lane, Industrial Estate, Bangalow, noting opportunity for 100% RMS funding due to being adjacent to state road (MR65);
ii) No. 42 - shared path along Rifle Range Road, Bangalow from viaduct on Lismore Road to existing path at Samson Street; and
iii) No. 46 - shared path Tristania Street from Rifle Range Road to Sansom Street , Bangalow;
d) low priority given to bike plan projects:
i) No. 59 - shared path, Sunrise Boulevard and Julian Rocks Drive, Sunrise to existing path;
ii) No. 58 - shared path Bayshore Drive from Ewingsdale Road to rail corridor; and
iii) No. 65 - shared path Browning Street, Byron Bay from Bangalow Road to Jonson Street and onto the Ex-Services Club.
e) the immediate delivery, using s94 funds or otherwise, of signage only projects being:
i) No. 62 - on-road advisory signs along Cowper Street, Byron Bay through to Browning Street; and
ii) No. 64- on-road advisory signs along Lighthouse Road, Byron Bay from Brooke Drive (The Pass) to the Lighthouse.
2. That the bike project within the s94 plan which is not in the bike plan and relates to the provision of a new path from Broken Head Road, Suffolk Park to Kalemajere Drive be investigated and reported to Council.
Cr Cameron / Phillip Preston The motion was put to the vote and declared carried.
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Report No. 5.3 Pedestrian Access and Mobility Plan (PAMP) review and project prioritisation File No: I2015/187
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RECOMMENDATION: 1. That the revision of the PAMP document be undertaken in the first instance with a review by staff and report back to Council via this Committee.
2. That the funds within the adopted s94 plan for the purpose of pedestrian audit instead be used to implement projects detailed in this report, subject to priority being allocated.
3. That the PAMP review which has commenced with staff and Access Advisory Committee input be continued with a draft document to be tabled to the Committee prior to consultation being undertaken.
Cr Dey / Cr Hunter The motion was put to the vote and declared carried.
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General Business 6.1 Bus set down and pick up, Byron Bay swimming pool File No: I2015/187
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RECOMMENDATION: That Council receive a report on bus set down and pick up options at the Byron Bay Memorial Swimming Pool.
Cr Dey / John Blanch
The motion was put to the vote and declared carried.
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General Business 6.2 Bus operations and delays, road network investigations, Byron Bay File No: I2015/187
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RECOMMENDATION: That Council note advice from Bus Operators of increasing traffic congestion and disruption to services along Broken Head Road, between Suffolk Park and Byron Bay, and that:
1. this be considered in future planning e.g. traffic, cycling, capacity etc; and
2. the Committee receive a further report on issues raised.
John Blanch / Cr Cameron
The motion was put to the vote and declared carried.
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Next meeting 25 June 2015 at 9.00am.
There being no further business the meeting concluded at 11am.
BYRON SHIRE COUNCIL
Confidential Reports - Sustainable Environment and Economy 16.1
Confidential Reports - Sustainable Environment and Economy
Report No. 16.1 Confidential - Unlawful development, North Head Road, New Brighton
Directorate: Corporate and Community Services
Report Author: Ralph James, Legal Services Coordinator
Wayne Bertram, Manager Certification and Assessment
File No: I2014/177
Theme: Ecology
Development and Approvals
Summary:
There are currently five privately owned land holdings at New Brighton within the Zone No. 7(f1) (Coastal Land Zone) under the Byron Local Environmental Plan 1988 which also have unauthorised structures erected. Additionally in all but one instance, there are also unapproved on-site sewerage management systems installed on the same holdings. The unauthorised structures appear to be generally used for residential and/or tourist accommodation which are prohibited developments within the Zone No. 7(f1) (Coastal Land Zone) of the Byron Local Environmental Plan 1988.
Council has a history of refusing development applications and attempting enforcement action regarding the subject holdings. In the context of this history, further recent unauthorised development by a number of property owners has necessitated this issue coming before Council for resolution.
RECOMMENDATION:
1. That pursuant to Section 10A(2)(b) and (g) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Unlawful Development, North Head Road, New Brighton.
2. That the reasons for closing the meeting to the public to consider this item be that the report contains:
a) discussion in relation to the personal hardship of a resident or ratepayer
b) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege
3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:
disclosure of the confidential information could disclose matters and information going to the personal hardship of a resident and/or ratepayers and would disclose advice sought and given which would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
4. That in accordance with Sections 10A(4) of the Local Government Act 1993, that the Chairperson allow members of the public to make representations as to whether this part of the meeting should be closed.
Attachments:
1 Confidential - Letter from Don Page, MP - Representations on behalf of North Head Road New Brighton residents seeking clarification of zoning & dwellings, E2013/8003
2 Confidential - Letter to Don Page from GM re New Brighton properties, s2013/3808
3 Confidential - Letter from McCartney Young Lawyers - Advice relating to Possible Unauthorised Development - North Head Road, New Brighton, S2013/3808
