Attachments of Ordinary Meeting

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.1 - Attachment 1

noroc

NORTHERN RIVERS JOINT ORGANISATION

DISCUSSION PAPER

June 2015

Introduction

At the February NOROC meeting Mayors agreed that the General Managers prepare a discussion paper on a pilot Northern Rivers Joint Organisation to be taken back to NOROC member councils for discussion. The discussion paper will include:

· Roles of the Joint Organisation

· Representation

· Fee structure

· Executive Officer position

· Other relevant matters

The NSW Government has said ROCs may continue to operate separately to Joint Organisations. For the purposes of this discussion paper it is assumed NOROC will be wound up and all funds transferred to the new Northern Rivers JO.

NOROC has operated in the Northern Rivers for many years and certainly there have been numerous challenges including, parochialism and the inability to make regional decisions. The local government areas in the Northern Rivers are diverse, representing very different communities of interest. It is therefore difficult for one/some LGAs to commit to projects, which may have minimum interest or outcomes for their communities or councils.

Currently NOROC membership is optional with the constitution requiring 12 months notice of resignation. Decisions made by NOROC are made by consensus requiring 100% support from member councils.

NOROC is currently staffed by a part-time Executive Officer who is engaged as a consultant 15 - 20 hours a week on an hourly rate. NOROC does not have a permanent office space; rather the Executive Officer arranges meetings at Council offices as needed. Executive support for the position is via the General Manager and administrative staff of the President’s council.

The NSW Government has said membership of Joint Organisations will be mandatory. With little other direction from the State Government so far, there is the possibility that the new Joint Organisation will operate in the same way as NOROC, with the same underlying parochial issues but with councils unable to resign.

Each council needs to consider carefully what it wants from the new Northern Rivers Joint Organisation. Are you happy with NOROC? If not - what are the lessons for the new JO so the problems can be fixed? What roles will the JO have? Is each council committed to financially supporting an expanded JO? Is each council willing to support initiatives/projects that may directly benefit only several LGAs and not the whole region? Will the new JO support a full-time Executive Officer and perhaps a part-time support person? Are you fully committed to a regional brand of local government? Are you willing/is your council prepared to significantly increase your financial contribution to a new JO to pay for staff, office space etc?

Joint Organisations - what is happening in NSW?

The NSW Government has invested in five pilot Joint Organisations (Central West, Hunter, Illawarra, Namoi and Riverina) and has described JOs as:

· A forum for local councils and the State to work together to deliver the things that matter most to regional communities.

· Making it easier to initiate and manage important projects across traditional council boundaries.

· A fresh start that will require new relationships, new ways of working together and real commitments to change from both state and local government sectors.

· A commitment to work together for the long-term and support a shared vision for each region.

In January this year the NSW Government released the Joint Organisations First Interim Report, which provided details on the five pilot regions, the outcomes of some of their workshops, and details of the membership and structure of their boards and fees and contributions. A summary of the approach each of the pilot areas is taking is below.

	CENTRAL WEST	HUNTER	RIVERINA	ILLAWARRA	NAMOI
MEMBERSHIP	Member councils and county councils will be Bathurst, Blayney, Cabonne, Cowra, Forbes, Lachlan, Lithgow, Mid-Western, Oberon Council, Orange, Parkes, Weddin and Central Tablelands Water. Associate members will be Boorowa, Upper Lachlan and Young Shire Councils.	Member councils will be Cessnock, Dungog, Great Lakes, Lake Macquarie, Maitland, Muswellbrook, Newcastle, Port Stephens, Singleton and Upper Hunter. The status of Gloucester Shire Council will be resolved early in the pilot process.	Member councils and county councils will be Bland, Cooamon, Cootamundra, Greater Hume, Gundagai, Junee, Lockhart, Temora, Tumbarumba, Tumut, Urana, Wagga Wagga, Goldenfields Water and Riverina Water.	Member councils will be Kiama, Shellharbour, Shoalhaven and Wollongong.	Member councils will be Gunnedah, Gwydir, Liverpool Plains, Moree Plains, Narrabri, Tamworth and Walcha. Associate member will be Uralla Shire Council
BOARD	Each member council will have two representatives on the pilot JO governing body.	Each member council will have the Mayor as the representative on the pilot JO governing body. There will be no alternates or sitting fees.	Each member council will have two representatives on the pilot JO governing body. There will be no sitting fees.	Each member council will have two representatives on the pilot JO governing body, one being the Mayor or Mayoral delegate; and the other being determined by each council.	Each member council will have the Mayor as representative on the JO governing body with the Deputy Mayor as the alternate. Sitting fees will be paid based on attendance at meetings.
FEES & CONTRIBUTIONS	Operating costs will be funded by members with a formula for core functions and a further formula for optional functions.	Operating costs during the pilot will be funded by Hunter Inc.	A formula will be determined for payment of operating costs for core functions.	Councils will make equal contributions to the pilot JO for operating costs associated with core functions. Funding for special projects will be decided on a case by case basis.	Member councils will pay an equal annual membership fee to cover the cost of governance and administration as well as core JO functions.

The NSW Government has also indicated it could select several more pilot Joint Organisations but there is no further information about this.

The next report on the progress of the pilot Joint Organisations is due in July/August 2015. The Executive Officers of the Central West JO (CENTROC) and the Illawarra JO (Southern Councils Group) spoke recently at a LG Professionals Hot Topics forum and each spoke positively about the JO pilot process. Of particular note was the commitment from the State Government and representatives of its agencies to working with Local Government on the formation of the JOs with the aim of improving relationships, communication and collaboration. Whilst each saw this as extremely positive, it remains to be seen if the reaction from NSW Government staff on the North Coast will be the same if there is less direction and involvement from the State Government on the formation of the Northern Rivers JO.

What have we done so far?

In late January Kim Anson from Elton Consulting attended a meeting with the General Managers to discuss the progress of the pilot Joint Organisations and ideas for NOROC to consider. It was Ms Anson’s suggestion that we wait until the next report on the pilot JO process is released before holding detailed workshops and discussions. She believes the next report will contain information that could be useful to NOROC and the formation of the Northern Rivers JO.

The General Managers have continued to discuss the Northern Rivers JO at their monthly meetings and have agreed a minimalist approach to the Joint Organisation would be the best option in the short term, focusing on the core roles of the JO as identified by the NSW Government (regional strategic planning, intergovernmental collaboration, regional advocacy). There is however an appetite from some councils for the JO to administer regional programs such as libraries, waste, water etc.

Framework for the Northern Rivers JO

The pilot JO model is structured around five key areas:

· Objectives and functions

o core and optional

· Relationships and boundaries

o full and associate members

o mechanisms for intergovernmental collaboration

· Entity and governing body

o member representation

o governance

· Enabling and resourcing

o funding and employment arrangements

· Other

o Relationship with ROC

o Not a fourth tier of government

In the first interim report on the pilot process it was recognised that whilst there were elements of a JO that were consistent across the five pilot areas, there were also elements that varied from region to region.

The General Managers are suggesting the following minimalist framework for a Northern Rivers JO.

Objectives and functions

Core functions

· Regional strategic planning (not land use planning)

- There will be a Northern Rivers Joint Organisation Regional Strategic Plan - a succinct document stating the regional vision and priorities. The Regional Strategic Plan will consider and include information from:

o Each member council’s Community Strategic Plans

o NSW Government plans and strategies

o Federal Government plans and strategies

- Regional workshop with JO Board, General Managers, regional Government agency representatives and other stakeholders to identify and confirm regional priorities.

- Priority areas for the Northern Rivers Regional Strategic Plan include:

o Transport (including public transport and freight)

o Regional economic development

o Infrastructure

o Planning for the region’s aging population

· Intergovernmental collaboration

o Promote the Regional Strategic Plan to Local, State and Federal Government agencies and relevant community organisations.

· Regional advocacy

o Develop a communications/media strategy to promote the Northern Rivers JO and increase community understanding about the organisation and its roles.

o Hold regular meetings with the regional DPC Coordinator

o Develop relationships with relevant NSW and Federal Government Ministers to highlight issues of regional importance.

o Work with RDA Northern Rivers on matters of regional importance, particularly regional economic development.

· Regional Service Delivery

- Services that could be potentially delivered by the JO in the medium term include:

o Library services

o County Councils

o MyRoadInfo

o Weeds

o Waste

o River catchment management

Relationships and boundaries

Full and associate members

The councils of Lismore, Kyogle, Richmond Valley, Tweed, Richmond Valley, Byron and Ballina will be full members of the Northern Rivers JO.

Associate members may be neighbouring councils such as Tenterfield and Clarence Valley, or Rous County Council, with each paying a membership fee to be resolved.

County Councils (Rous Water)

Councils will need to consider where and how Rous Water sits in the Joint Organisation structure. Several of the pilot JOs have county councils as members.

Representation/Entity and Governing Body

The General Managers have proposed the following model for Council representation on the Northern Rivers Joint Organisation. All elements of this model were not unanimous across the General Managers.

Model 1

· The mayor and a nominated councillor from each council will sit on the board.

· Each board member will receive one vote of equal value regardless of the size of the LGA.

· The JO Board will meet a minimum four times a year.

· There will be no stipend/sitting fee.

· Decisions will be made by a two-thirds (2/3) majority vote.

· The President of the Board will be elected for a two-year term.

· A full-time/part-time Executive Officer will report to the JO Board.

· Membership of the JO will be mandatory.

The role of the General Managers

· Will meet monthly with the Executive Officer.

· Will work with the Executive Officer on regional issues/projects including progressing the actions from the Regional Strategic Plan.

· Will not have a position on the JO Board although will attend Board meetings in an advisory capacity.

· Will form working groups to progress matters/projects with a focus on regional outcomes as is the case currently with NOROC General Managers Group.

Enabling and Resourcing

The role of the Executive Officer

The creation of the Northern Rivers Joint Organisation will require an Executive Officer.

· Full-time/part-time position?

· To work with the General Managers of JO councils to progress matters/project focused on regional outcomes.

· To represent the Northern Rivers JO to the NSW and Federal Governments and attend meetings/functions/sit on committees on behalf of the JO.

· To be funded (initially) from member Council contributions.

· To report back to the General Managers.

· To liaise with the General Managers and the NOROC board.

Budget for Northern Rivers Joint Organisation

The following expenses need to be take into consideration:

· Salary of Executive Officer (Up to $150,000)

· Wages for part-time staff member if required ($35,000)

· Office rental

Fee Structure

The following budget is based on NOROC being replaced by the Northern Rivers Joint Organisation. The budget for the Northern Rivers Joint Organisation is based on the expenses currently incurred by NOROC, although with more allocations for staff funding and the rental of permanent office space etc should this be required.

Currently the only income NOROC receives is from annual Member contributions, which are based on a 50% flat rate and 50% population. The fees paid last financial year (2014/15) were:

MEMBERSHIP FEES	2014/15
Ballina	17,567
Byron	15,067
Kyogle	9,924
Lismore	18,307
Richmond Valley	13,084
Tweed	28,944
Total	$102,893

Historically there has been some division among NOROC councils as to the amount of membership fees paid in relation to the equal vote each council receives. Discussion with the General Managers suggests this will continue to be an issue therefore it is suggested each council pay equal membership fees regardless of the size of the local government area. The suggested memberships fees for 2016/17 are:

MEMBERSHIP FEES	2016/17
Ballina	50,000
Byron	50,000
Kyogle	50,000
Lismore	50,000
Richmond Valley	50,000
Tweed	50,000
Total	$300,000

Following is the most recent NOROC financial report (as at 31 March 2015) and a suggested budget for the Northern Rivers Joint Organisation for 2016/17. The allowance for staffing is based on the maximum amount to employ a full-time Executive Officer and a part-time support person and permanent office space. The proposed budget does not reflect a change in the current membership fees nor does it account for the $300,000 allocation from the NSW Government.

NOROC
STATEMENT OF COMPREHENSIVE INCOME
AS AT 31 MARCH 2015

	2015 BUDGET	2015 ACTUAL	2014 ACTUAL
INCOME
Cost Recovery – Conferences and Events			1,868
Interest Received	10,000	4,432	5,566
Membership Fees	102,893	73,949	117,717
MyRoadInfo	-	30,060	-

TOTAL INCOME	112,893	108,441	125,151

EXPENDITURE
Bank Charges	-	7	6
Conferences and Events	4,000	-	1,868
Councillor – Professional Development	5,000	-	-
Pacific Highway Task Force	7,000	3,500	7,000
Professional Fees - Audit	1,600	1,630	-
Profile and Communication	10,000	1,932	2,976
Record Storage	500	209	209
Resource Sharing	110,000	35,400	-
Secretarial Services	65,000	33,881	55,010
Strategic Plan – Review	5,000	3,095	448
Sundry Expenses	6,000	4,330	3,211

TOTAL EXPENDITURE	214,100	83,984	70,728

SURPLUS/(DEFICIT) FOR YEAR	(101,207)	24,457	54,423

RETAINED PROFITS AT BEGINNING OF FINANCIAL YEAR	206,423	206,423	152,000

RETAINED PROFITS AT END OF REPORTING PERIOD	105,216	230,880	206,423

Proposed Northern Rivers Joint Organisation Budget 2016/17


	2016/17 BUDGET
INCOME
Membership Fees	300,000
Interest Received	9,000
MyRoadInfo	36,000


TOTAL INCOME	345,000

EXPENDITURE
Bank Charges	-
MyRoadInfo	36,000
Conferences and Events	4,000
Councillor – Professional Development	5,000
Pacific Highway Task Force	7,000
Resource Sharing	110,000
Strategic Plan – Review	5,000
Profile and Communication	10,000
Staff (part-time EO plus part-time admin)	190,000
Professional Fees – Audit	1,500
Legal Expenses	-
Record Storage	500
Sundry Expenses	6,000
Office rent & expenses	20,000

TOTAL EXPENDITURE	395,000

SURPLUS/(DEFICIT) FOR YEAR	(50,000)

RETAINED PROFITS AT BEGINNING OF FINANCIAL YEAR	105,216

RETAINED PROFITS AT END OF REPORTING PERIOD	55,216

Other

With the new JO expected to take over the role of NOROC it is expected NOROC will cease to exist. There is unlikely to be any appetite from councils to fund the JO and NOROC into the future. NOROC Mayors and General Managers are not keen for the JO to create a fourth tier of government. The emphasis of the JO is to coordinate projects and matters of regional interest and significance.

Where to from here?

When the Mayors and their councils generally agree on the basic structure of the new Joint Organisation it is recommended a facilitator who has experience with the NSW Government and the new JO structures, be engaged to help NOROC negotiate the next steps of this process. The next report on the progress of the pilot JOs is expected to be released around July/August 2015 and should provide additional information and ideas to guide the Northern Rivers JO.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.4 - Attachment 1

Policy No. ??

POLICY TITLE

DISPOSAL OF ASSETS

1. OBJECTIVES

1.1. Purpose

To provide a systematic, transparent and accountable method for the disposal of Council-owned assets in accordance with Council’s Code of Conduct, Council Policies and all appropriate legislation and accounting standards.

1.2. Definitions

Asset	Any physical item that the Council owns.
Asset Value	The approximate value of the asset in its current condition.
Manager of the Asset	The Manager responsible for the asset.
Unserviceable Assets	Assets which are worn out or broken and no longer able to be used for the purpose for which they are intended
Land	Freehold land owned by Council
Buildings	Buildings on freehold land owned by Council.

1.3. Scope

This policy covers all physical Assets owned by Council except for Land and Buildings.

This policy excludes:

· Disposal of goods which are not owned by Council;

· Disposal via sale or donation of any item that poses a threat of physical or environmental harm;

· Disposal of Unserviceable Assets (these are regarded as waste)

Equipment provided to the Mayor or Councillors under the Mayor and Councillors Payment of Expenses and Provision of Facilities Policy may be purchased by the Mayor or Councillor in accordance with that policy.

2. POLICY STATEMENT

2.1. Overview

This policy gives direction for the decommissioning and disposal of Council-owned Assets. It covers Council’s requirements and obligations in the disposal process and will inform the Manager of the Asset of their responsibilities in the disposal process.

This policy:

· Defines the methods by which Assets are to be disposed of;

· Demonstrates Council’s accountability and responsibility to ratepayers;

· Seeks to be fair and equitable to all parties involved;

· Enables all processes to be monitored and recorded;

· Seeks to ensure probity, accountability and transparency in all disposal processes;

· Seeks to ensure the best outcome is achieved for Council; and

· Applies to all Council officers and Councillors.

2.2. Policy Principles

Council must have regard to the following principles when disposing of its Assets:

· Open and effective competition

· Obtaining best value for money. This is not restricted to price alone and must include consideration of

o The contribution to Council’s long term financial and strategic management goals;

o Any relevant direct or indirect benefits to Council, both tangible and intangible;

o Efficiency and effectiveness;

o The costs of various disposal methods;

o Internal administration costs;

o Risk exposure; and

o Value of any associated environmental benefits.

o Council’s sustainability principles

Council is to behave with impartiality, fairness, independence, openness and integrity in all discussions and negotiations.

3. DISPOSAL OF ASSETS

3.1. Considerations prior to the decision to dispose

Before any Asset is disposed of, the relevant Manager of the Asset should ensure that disposal is appropriate and must consider the following, where applicable:

· The usefulness of the Asset

· The current market value of the Asset

· The annual cost of maintenance of the Asset

· Any alternative use of the Asset

· Any duplication of the Asset or the service provided by the Asset

· Any impact the disposal of the Asset may have on the community

· Any cultural or historical significance of the Asset

· The impacts (positive or negative) the disposal of the Asset may have on Council’s operations

· Council’s long term plans and strategic direction

· The remaining useful life of the Asset

· The results of any community consultation

· Any restrictions on the proposed disposal

· Any other relevant Council policies or legislative requirements

3.2. Disposal Methods

It is the responsibility of the Manager of the Asset to select, in accordance with this Policy, the most appropriate disposal method. Authorisation of the disposal method must be in accordance with section 3.4 below.

The following disposal methods may be utilised:

· Trading in equipment to suppliers

· Seeking expressions of interest from potential buyers

· Seeking bids through an open tender

· Public auction eg Grays Online

· Destroy and dump

· Sale via Byron Resource Recovery Centre Second Hand Shop or library books via the RTRL libraries

· Donation to a non-profit organisation.

Selection of a suitable disposal method will include consideration of the following factors:

· The public demand and interest in the item

· The method most likely to return the highest revenue

· The value of the Asset

· The costs of the disposal method compared to the expected returns

· Compliance with statutory and other obligations.

Councillors and Council employees are not permitted to purchase Assets unless the purchase is via one of the following:

· Open tender process

· Public auction

· Purchase from the Second Hand Shop at the advertised price.

· Purchase from a RTRL library at the advertised price.

· In accordance with the Mayor and Councillors Payment of Expenses and Provision of Facilities Policy.

3.3. Requirements for Donation of Assets

Donations of surplus or redundant Assets may only be made with the authority of a member of the Executive Team or a Council resolution and only after exploring all avenues for recouping a fair value for the Council or any alternative use within Council.

In considering any request for donations of Assets, Council staff should keep in mind the following;

· Community groups should receive equitable treatment to avoid possible claims of bias;

· A check should be made to ensure the community group is not a disguised business operation providing funds or remuneration to the principals.

· A check should be made to ensure that the group is not-for-profit and that the intended use of the Asset is non-commercial.

· Where the donation is seen as appropriate but there is a potential claim of bias, the matter should be referred to the Director of the Asset Manager;

· The community group must remove the Asset themselves and at no cost to Council.

3.4. Authority to dispose of assets

Written approval of the Asset disposal method must be obtained by an officer with the delegation to dispose of the Asset:

Additionally, the following requirements apply:

· Disposal of all Assets with a value over $150,000 must be by public tender unless resolved otherwise by a meeting of the Council.

· Only Assets with a value of less than $1,000 can be sold via Council’s Second Hand Shop or libraries.

· All donations must be approved by a Director, or if valued between $50,000 and $150,000, by the General Manager. Assets with a value of $150,000 or more cannot be donated.

If there is any doubt about the value of the Asset, consideration should be given to obtaining an independent valuation.

3.5. Preparing Assets for Disposal

Prior to disposing of the Asset, the Manager of the Asset must carry out a check to ensure the Asset does not contain any of the following:

· Additional items not intended for sale

· Confidential documents, records, files or papers, either physical or electronic

· Documents on Council letterhead

· Hazardous materials or substances

Any hard drives that have contained council-operated software must be physically destroyed.

Any Council logos must be removed or obliterated prior to disposal.

Spare parts held for an item that is to be disposed of should also be disposed of in one parcel with the Asset.

3.6. Buyer’s Risk

Irrespective of the disposal method applied, all prospective buyers must be advised in writing that items are disposed of with any faults, at the buyer’s risk (“as is where is”). Buyers are to rely on their own investigations regarding the condition and function of the items and Council will not be held responsible for any repairs or maintenance of the Asset.

Purchasers or donation recipients of Assets must be required to agree in writing that before the purchase or receipt of any Asset that no warranty is given or implied by the Council in respect of the suitability and condition of the Asset for the purchaser or recipient and that Council will not be responsible for the Asset in any respect following the sale.

3.7. Notifying Disposal of Assets

If the Asset is registered on Council’s Asset Register, immediately following the disposal of the Asset it is the responsibility of the Manager of the Asset to notify the relevant manager to have the Asset Register updated to ensure the register is updated within three working days.

4. RECORDS

All records associated with disposal of the Asset, including reasons for utilising a specific disposal method must be stored in Council’s electronic records management system.

The following records must be retained:

· Decision to dispose of the Asset

· Asset value including any independent asset valuation records

· Who approved disposal of the Asset

· Method of disposal utilised.

5. ASSET DISPOSAL FLOWCHART

1) BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.8 - Attachment 2

10.2015.134.1

CONDITIONS OF CONSENT:

Deferred Commencement Consent

1) Deferred Commencement Consent

This consent does not operate until Council is satisfied that:

1A) Notice of Modification of Development Consent to be submitted

A Notice of Modification of a Development Consent, prepared in accordance with Clause 97(1) of the Environmental Planning and Assessment Regulation 2000, must be submitted with respect to Development Consent No. DA 10.2014.70.2, the notice is to provide amended plans with ‘Unit 1’ shown deleted. All common areas, including internal driveways are also to be made consistent with those plans approved under Condition 2 of this determination.

1B) Works to be completed and temporary dwelling re-instated as a garage.

The garage used as a temporary dwelling to be reverted back and all other works required in relation to ‘Unit 2’ under Determination No. 10.2014.70.2 are to be completed and an occupation certificate issued for that dwelling.

NB: The dwelling referred to as ‘Unit 2’ in Determination No. 10.2014.70.2 is referred to as ‘Unit 3’ in this consent.

Parameters of this Consent

2) 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:
A04	Site Plan	Marshall Bown	May 28, 2015
A06	Unit 1 Floor Pan	Marshall Bown	June 2, 2015
A07	Unit 1 Elevations	Marshall Bown	June 2, 2015
A08	Unit 2 Floor Plan	Marshall Bown	June 2, 2015
A09	Unit 2 Elevations	Marshall Bown	June 2, 2015
A11	Drive section & Parking Arrangements	Marshall Bown	May 28, 2015
A12	Proposed Strata Lot Boundaries	Marshall Bown	May 28, 2015
A15	Landscaping Plan	Marshall Bown	May 28, 2015
A16	Front Boundary Fence Detail Plan	Marshall Bown	May 28, 2015
A19	Privacy Investigation Plan	Marshall Bown	May 28, 2015

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

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

3) Staged Development

The development is to be carried out in the following stages:

Stage 1: Strata subdivision.

Stage 2: Construction of Unit 1 & 2.

Where conditions are required to be satisfied prior to a particular event, those conditions are the conditions relevant to the works being carried out in the stage.

The relevant conditions are the conditions deemed necessary, by the Principal Certifying Authority (PCA) appointed for the development, or, where pursuant to the issue of a Construction Certificate, the relevant consent authority.

4) 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.

5) 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

(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).

6) Concurrent Approvals

The following approvals are provided under Section 78A of Environmental Planning and Assessment Act:

Concurrent Approvals under Section 68 of the Local Government Act 1993

Part B Water supply, sewerage and stormwater drainage work

q B1 Carrying out water supply work

q B2 Drawing water from a council water supply or a standpipe or selling water so drawn

q B3 Installing, altering, disconnecting or removing a meter connected to a service pipe

q B4 Carrying out sewerage work

q B6 Connecting a private drain or sewer with a public drain or sewer under the control of a council or with a drain or sewer which connects with such a public drain or sewer

Roads Act Approval

Approval has been granted with this consent (Council reference No: 51.2015.134.1) for the following works within the road reserve:

a) Driveway – Concrete driveway from the kerb & gutter to the property boundary.

The following conditions must be complied with prior to issue of a Strata Subdivision Certificate (Stage 1)

7) 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 those 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.

The application MUST be one complete, concise package, addressing all those conditions. Failure to provide the abovementioned information in one package, will likely result in the application being refused/rejected and returned to you.

8) Plan of Subdivision

An Administration Sheet (Original plus one (1) copy) and four (4) copies of the plan of subdivision, in accordance with the approved, are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

9) Section 88B Instrument (as/where required)

A Section 88B Instrument and one (1) copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for:

a) Easement for Services (as/where required)

The creation of suitable easements for services for proposed Strata Lots 1, 2 & 3.

b) Easement for Electricity (as/where required)

The creation of any necessary easements for electricity purposes as required by the electricity supply authority.

c) Sewer Easements

The creation of easements for drainage of sewage over all sewage pipelines and structures located within the proposed allotments in accordance with Council’s Building Over Pipelines Policy 4.20.

10) Sewerage and Water Mains

An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out water supply and sewerage works. Sewerage and water mains are to be extended to service all residential allotments in the subdivision.

11) Water service and meter to be connected to each lot

A water service and water meter must be connected to each strata lot in the development 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.

12) Completion of All Works

All roads, drainage and civil works, required by stage 1 of this development consent, are to be completed.

13) Certificate for services within easements (as/where required)

The submission of a certificate from a registered surveyor certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements.

14) Electricity Supply Certificate

Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of electricity supply throughout the subdivision.

15) Telephone Supply Certificate

Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of telephone supply throughout the subdivision.

16) Certificate of Compliance – Water Management Act 2000

Water and sewer services are to be provided to the land in accordance with an approval granted under Section 68 of the Local Government Act 1993.

Payment of developer charges to Byron Shire Council for water supply and sewerage.

A copy of the Certificate of Compliance under Section 307 of the Water Management Act 2000 is to be obtained from Byron Shire Council 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.

17) Geotechnical Report (Lot Classification)

A certificate from a practicing Geotechnical Engineer must be provided in conjunction with a Lot Classification Report prepared in accordance with Australian Standard AS2870.1. Such certificate must certify that the vacant Strata Lot has a building site of adequate size and shape that is not subject to slip or subsidence.

18) Developer Contributions to be paid

Contributions set out in the schedule below are to be paid to Council prior to the release of a subdivision certificate. Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended). The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby. These contributions are to fund public amenities and services as listed in the schedule. Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended).

The contributions as set out in the schedule may either be paid in full or they may be paid in stages on a proportional basis dependant on the number of lots to be released in the subdivision certificate. The first credit for a site will be retained on the residual lot. Any additional credits over one (1) will be allocated at the first stage(s).

The contributions in the schedule are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule.

The following conditions are to be complied with prior to issue of a Construction Certificate (Stage 2)

19) Compliance with BASIX Certificate requirements

The development is to comply with BASIX Cert No. 642518M dated 21 June 2015. The commitments indicated in the Certificates are to be indicated on the plans submitted for approval of the Construction Certificate.

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

Minor changes to the energy efficiency measures may be undertaken without the issue of an amendment under Section 96 of the Act, provided that the changes do not affect the form, shape or size of the building.

20) Bond required to guarantee against damage to public land

A bond of $1000 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.

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) Stormwater Drainage – Section 68 Approval required

The development application sought concurrent approval under Section 68 of the Local Government Act 1993 for stormwater drainage works. The design details submitted for the stormwater drainage were concept only and did not contain sufficient engineering design and construction details to issue the approval.

NOTE:

A stormwater drainage design has been done by Bruce Hammond & Associates, Engineers for a previous consent for a dual occupancy on this Lot, being Consent 10.2014.70.1. This was satisfactory for that development, but a new design is required to reflect all the design characteristics for this specific 3 unit development for an On Site Detention system.

Accordingly, a stormwater drainage approval can NOT be granted with this consent.

A stormwater drainage design is required to address this specific development, and is independent to the drainage design for the dual occupancy consent 10.2014.70.1.

A Covering Letter is required to be submitted to Council for the design and construction of the stormwater drainage. The following additional design information is required:

The OSD is to generally provide for:

q A detailed drainage design, inclusive of calculations, for an On Site Detention stormwater drainage system in accordance with Council’s Design & Construction Manuals and DCP 2014.

q Design and construction drawings, fully dimensioned and to scale for the proposed drainage system.

q Details of the discharge system at the rear, south-east corner of the Lot.

q The legal point of discharge is to the kerb & gutter of Goondooloo Drive.

NOTE: The Application Form and Fees already paid are both still current, please ensure the Section 68 Stormwater Application number is noted in your covering letter.

NOTE: The plans must be in compliance with Council's DCP 2014 and Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

23) 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.

24) Traffic Management Plan – Driveway in Road Reserve

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.

25) Internal Driveway details required

The application for a Construction Certificate is to include plans and specification that indicate vehicular access from the site boundary to the proposed car space(s). Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking. Plans are to include the following items:

a) pavement description (grades exceeding 15% and battle-axe handle must be sealed);

b) vehicle paths demonstrating that the design vehicle can manoeuvre to enter and leave the site in a forward direction, and demonstrating compliance with the current Australian Standards AS2890.1;

c) existing and design levels;

d) longitudinal section from the road centreline to the car space(s);

e) cross sections;

f) drainage.

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

26) Long Service Levy to be paid

A Long Service Levy must be paid to the Long Service Payments Corporation. This is a State Government Levy and is subject to change.

These payments may be made online at www.longservice.nsw.gov.au or at Council’s Administration Office, Station Street, Mullumbimby. Where paying to Council, cheques are to be made payable to ‘Byron Shire Council’.

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

27) Site Waste Minimisation and Management Plan

Chapter B8 of Byron Shire Development Control Plan 2014 (DCP 2014) aims to facilitate sustainable waste management in a manner consistent with the principles of Ecologically Sustainable Development.

Prior to the issue of a Construction Certificate, a Site Waste Minimisation and Management Plan (SWMMP) must be submitted outlining measures to minimise and manage waste generated during demolition, construction and the ongoing operation and use of the development.

The SWMMP must specify the proposed method of recycling or disposal and the waste management service provider.

The following conditions are to be complied with prior to commencement of building works

28) Traffic Management Plan

The approved traffic management plan is to be implemented.

29) Erosion and Sediment Control Management Plan

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

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

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

30) Plumbing Standards and requirements.

All Plumbing, Water Supply and Sewerage Works shall be installed and operated in accordance with the Local Government Act 1993, the NSW Code of Practice for Plumbing and Drainage and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.

Your Plumber must obtain a Plumbing Permit at least two (2) working days prior to commencing work. Please forward the enclosed Application for a Plumbing Permit to your plumber to complete and to return to Council prior to commencement of work or Refer to http://www.byron.nsw.gov.au/files/Forms/Plumbing_Drainage_Permit.pdf.

The following INSPECTIONS are required:

q Internal Drainage;

q External Drainage;

q Water Rough In;

q Stackwork; (where applicable);

q Final

q The submission of works as executed drawings for the storm water prior to a final plumbing inspection

q 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.

The following conditions are to be complied with during construction

31) 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.

32) 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.

33) 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.

34) Stormwater drainage work

Stormwater shall be collected and disposed of in a controlled manner. The point of disposal shall be to the street kerb & gutter, via On Site Detention tank; in general accordance with approved stormwater management plans.

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.

35) Rainwater tanks

Where rainwater tanks are provided, they must be installed in accordance with the “NSW Code of Practice, Plumbing & Drainage, 1 July 2006” and AS/NZS 3500 Parts 0-5.

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

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

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

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

37) Internal and External driveways in accordance approved plans

Both the internal and external driveways are to be constructed in accordance with the approved plans.

38) Car parking areas to be completed and signs to be provided.

The car parking areas are to be constructed in accordance with the approved plans. Signs are to be erected clearly indicating the availability of the visitor car space.

39) Stormwater disposal

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

a) Clear of buildings and infrastructure,

b) Not concentrated so as to cause soil erosion,

c) Not onto adjoining residential Lots.

The following conditions are to be complied with at all times

40) Tourist Accommodation

Dwelling Houses are not to be let or used as tourist accommodation unless development consent has been obtained.

Notes

Construction Certificate required:

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

Occupation Certificate required:

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

Principal Certifying Authority:

Work must not commence until the applicant has:-

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

2) 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’.

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

Civil Works

The civil works shall be designed and constructed in accordance with Council’s Engineering Standard current at the time of submission of Engineering Plans for approval by Council. Approval of Engineering Plans will be current for a period of two years after which time Council may require the alteration to the Engineering Design to comply with standard current at that date.

Protection of the Environment Operations Act 1997:

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

Penalties apply for failure to comply with development consents

Failure to comply with conditions of development consent may lead to an on the spot fine (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	1.40 ET
Bulk Water	1.40 ET
Sewer	2.00 ET

Schedule of Development Contributions – Stage 1.

The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The current contribution rates are available from Council offices during office hours. Payments will only be accepted by cash or bank cheque.

Section 94 contributions Schedule for 10.2015.134.1
Ocean Shores
Catchment
This schedule was calculated in spreadsheet #E2015/28112
1bedroom units =		0	@	0.55 SDU	=	0
2 bedroom units =		0	@	0.75 SDU	=	0
3 bedroom units/dwellings =		3	@	1 SDU	=	3
Allotments =		0	@	1	=	0
Less Site Credits =		1	@	-1	=	-1
Total SDU					=	2
Schedule valid until		25/07/2015		After this date contact Council for CPI update.

Local Open Space & Recreation	(OS-OS)	2.00	SDU @	$ 1,617.17	=	$ 3,234.34
LGA Wide Open Space & Recreation	(OS-SW)	2.00	SDU @	$ 699.99	=	$ 1,399.98
LGA wide Community Facilities	(CF-SW)	2.00	SDU @	$ 1,025.21	=	$ 2,050.42
Local Community Facilities	(CF-OS)	2.00	SDU @	$ 1,396.26	=	$ 2,792.52
Bikeways & Footpaths	(CW-OS)	2.00	SDU @	$ 440.92	=	$ 881.84
Shire Wide Bikeways & Footpaths	(CW-SW)	2.00	SDU @	$ 75.20	=	$ 150.40
Urban Roads	(R-OS)	2.00	SDU @	$ -	=	$ -
LGA Wide Roads	(R-SW)	2.00	SDU @	$ 211.82	=	$ 423.64
Rural Roads	#N/A	2.00	SDU @	$ -	=	$ -
Administration Levy	(OF-SW)	2.00	SDU @	$ 1,058.79	=	$ 2,117.58
Total				$ 6,525.36	=	$ 13,050.72

Consent granted under the Roads Act 1993 – Stage 1.

The following works in the road reserve are granted consent pursuant to Section 138 of the Roads Act 1993.

· Gutter crossing and driveway from the kerb to the property boundary.

This consent is issued by Byron Shire Council, being the road authority, for the above proposed works and/or structures subject to the following conditions:

1) Gutter crossing and driveway are to be constructed in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

2) All work is to be in accordance with Council’s adopted standards.

3) Twenty four hours notice must be given for the following required inspections:

a) upon placing of all formwork and reinforcement, prior to pouring concrete, and

b) upon completion of all work.

4) All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. The developer and/or contractor must produce evidence to Council of Public Liability Insurance cover for a minimum of $10 Million prior to the commencement of any works. Council is to be named as a Principal in the policy. Council is not be held responsible for any negligence caused by the undertaking of the works.

Please contact Council’s Local Approvals and Certification Officer for the booking of inspections on (02) 6626 7050.

Protection of the Environment Operations Act 1997:

Reasons for imposition of conditions:

· To comply with the provisions of Byron LEP 2014. & DCP 2014.

· To ensure the development is completed in accordance with conditions of consent and approved plans.

· To preserve the environment and existing or likely future amenity of the neighbourhood.

· To provide funds for the provision of services and facilities as required by the increased population or activity.

· To ensure that the land or adjoining land is not damaged by the uncontrolled discharge of runoff from any buildings and paved areas that may be constructed on the land.

· To provide adequate off street parking space for the anticipated traffic that will be generated by the development.

· To ensure that appropriate landscaping is provided.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.11 - Attachment 1

Text Box:

BYRON SHIRE COUNCIL

SUSTAINABLE ECONOMY COMMITTEE

TERMS OF REFERENCE

INFORMATION ABOUT THIS DOCUMENT
(INTERNAL USE ONLY)

Date Adopted by Council	19 March 2015	Resolution No.	15-108
Responsibility	Sustainable Environment and Economy
Review Timeframe
Last Review Date:		Next Scheduled Review Date

Document History

Doc No.	Date Amended	Details Comments eg Resolution No.
E2015/11805	19 March 2015	Draft - Adopted 15-108
E2015/36432		Amended reported to 16 July 2015 Meeting

Further Document Information and Relationships

Related Legislation	Section 355, Local Government Act (1993)
Related Policies	Code of Conduct Policy 1.1 Work Health Safety Policy Code of Meeting Practice Policy
Related Procedures/ Protocols, Statements, documents

Table of Contents

1....... Preamble. 4

2....... Understanding the Local Economic Development Function. 4

3....... Objective and purpose of the Byron Shire Sustainable Economy Committee. 4

4....... Membership. 5

5....... Invited Guests. 6

6....... Term.. 6

7....... Pecuniary Interest 6

8....... Quorum.. 6

9....... Confidentiality. 6

10..... Audio Taping of Meetings. 6

11..... Privacy. 6

12..... Election of Chairperson. 7

13..... Voting. 7

14..... Convening Meetings. 7

15..... Meetings operations. 7

16..... Role of Committee - research and policy development 7

17..... Project Reference Groups. 7

18..... Section 377 Delegation. 8

19..... Work Health Safety. 8

20..... Insurance. 8

21..... Grievance Procedure. 8

22..... Publicity. 8

23..... Selection Criteria. 8

1.
Preamble

The Sustainable Economy Committee (SEC) is an advisory Committee of the Council and does not have executive power or authority to implement actions.

The role of the SEC Committee is, independently of management, to report to Council and provide appropriate advice and recommendations on matters relevant to economic development and tourism in the Shire.

2. Understanding the Local Economic Development Function
[An extract from The World Bank]

The purpose of local economic development (LED) is to build up the economic capacity of a local area to improve its economic future and the quality of life for all. It is a process by which public, business and non- governmental sector partners work collectively to create better conditions for economic growth and employment generation.

Local economic development (LED) offers local government, the private and not-for-profit sectors, and local communities the opportunity to work together to improve the local economy. It focuses on enhancing competitiveness, increasing sustainable growth and ensuring that growth is inclusive. LED encompasses a range of disciplines including physical planning, economics and marketing. It also incorporates many local government and private sector functions including environmental planning, business development, infrastructure provision, real estate development and finance.

The practice of local economic development can be undertaken at different geographic scales. A local government pursues LED strategies for the benefit of its jurisdiction, and individual communities and areas within a local government's jurisdiction can also pursue LED strategies to improve their economic competitiveness. Such approaches are most successful if pursued in partnership with local government strategies. LED is thus about communities continually improving their investment climate and business enabling environment to enhance their competitiveness, retain jobs and improve incomes. Local communities respond to their LED needs in many ways, and a variety of approaches can be taken that include:

· Ensuring that the local investment climate is functional for local businesses;

· Supporting small and medium sized enterprises;

· Encouraging the formation of new enterprises;

· Attracting external investment (nationally and internationally);

· Investing in physical (hard) infrastructure;

· Investing in soft infrastructure (educational and workforce development, institutional support systems and regulatory issues);

· Supporting the growth of particular clusters of businesses;

· Targeting particular parts of the city for regeneration or growth (areas based initiatives);

· Supporting informal and newly emerging businesses;

· Targeting certain disadvantaged groups.

3. Objective and purpose of the Byron Shire Sustainable Economy Committee

The objective of the Committee is to work with Council and the Economic Development & Tourism unit of Council to generate and sustain employment and business investment in the Byron Shire that will strengthen the Byron Shire local economy in a sustainable manner.

Actions of the SEC that can assist to achieve this include:

· Seeking out and identifying opportunities to help the Shire achieve its social-economic development goals;

· Providing advice to Byron Shire Council in relation to the sustainable economic development, marketing and management of tourism and other industries, including events and other cultural initiatives,

· Providing a holistic view of industry development and management that represents the interests of both industry and resident communities across the Shire, with regard for the social, environmental and economic benefit of the Byron Shire community;

· Providing advice and assistance with implementation of strategies and actions within the Byron Shire Economic Development Strategy, the Tourism Management Plan, Events Strategy and any other plans relevant to the Economic Development & Tourism unit of Council;

· Acting as a sounding board in response to initiatives of the Economic Development & Tourism team as well as to community members, business groups and associations in the community;

· Providing timely information regarding events and issues of importance occurring in and to the local business community;

· Suggesting and recommending to staff ways the Shire can support, retain and/or attract business investment to the community;

· Fostering links and engagement between Council, industry and community interests, including provision of leadership on partnership initiatives and supporting partnership development;

· Working cooperatively with local, state and regional government departments and agencies, local economic development, tourism and industry and business organisations, environmental stakeholder organisations and the community;

· Identifying and reporting industry trends (including relevant statistics) on competitiveness issues, policy and programs across local, regional, domestic and international platforms; and

· Assisting with the dissemination of information between all stakeholders

The committee will also;

· Provide direction to the various sub-committees established by the SEC Committee to work on individual areas;

· Consider and review reports prepared by sub-committees and refer appropriate policy and strategic direction to staff for their appropriate action, including formal submission to Council.

· Report on achievements, via an annual report to Council, stakeholders and the community on the progress of implementation of the relevant plans.

4. Membership

· Five industry members, each representing key economic driver industries in the Byron Shire economy – tourism, creative industries, agriculture & food production, education and business services.

· ~~Two~~ Three community members who are not associated with any particular industry and of whom at least one is from a rural area. (In the event of no suitable nominations being received for the member from a rural area, the two community members should be selected from two different geographic areas within the Shire.)

· One member from an environmental organisation or who has significant experience in the delivery of environmentally sustainable projects and/or activities.

· An invitation should be extended to the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) to provide one representative if desired.

· Two or more Councillors, as determined by Council.

Members represent the sub-sector/ precinct identified, not a particular organisation.

Council may appoint an alternate for any Committee member position as recommended by the SEC Committee.

5. Invited Guests

The Advisory Committee 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 meeting. Any request for information to be at no cost to Council unless a budget is allocated by Council.

6. Term

· Appointments to the Committee are in a voluntary capacity only.

· A Committee member shall hold office for a maximum of four years (the term of the current Council) after which they must stand down.

· Additional terms may be served if nominations are called for publicly, and Council consider no suitable alternative nominations are received.

· Members standing down are eligible to re-nominate if they have not exceeded a four year term.

· Members standing down may hold office up to three months (transition period) after the Council election.

· The Committee may be dissolved/ created by Council resolution at any time. Council will appoint all representatives to the Committee, who shall be determined after a call for nominations by advertisement or through industry networks.

· Extraordinary vacancies on the Committee may be filled by Council appointment on the advice of the Committee, or through public advertisement or as resolved by Council.

· Members of the Committee shall cease to hold office:

o If Council dissolves the Committee

o By the death, mental incapacitation, bankruptcy or serving of a sentence for any offence but failure to pay a fine.

o If a member provides a written resignation

o If a member is absent for three consecutive meetings without having obtained leave of absence beforehand. An apology does not constitute approved leave of absence.

7. Pecuniary Interest

Any members of the Committee having a pecuniary interest in any matters being discussed by the Committee shall declare same at the meeting of the Committee and refrain from participating in the discussion. The interest will be recorded in the minutes.

8. Quorum

A quorum of the Committee will be 50% plus one of the appointed members, which must include at least one Councillor. If a quorum is not reached within half an hour of the appointed starting time, the meeting will be adjourned to a time determined by the Chairperson.

9. Confidentiality

Members of the committee will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

10. Audio Taping of Meetings

A meeting may be recorded to assist with administrating the group meeting. If the meeting is being recorded, all members will be advised of this and it will be noted in the Report of that meeting.

11. Privacy

All group members are to abide by Council’s Privacy Management Plan (E2013/32774) relating to their access to personal information.

12. Election of Chairperson

The position of Chairperson is to be elected from Councillors comprising the committee

13. Voting

Each member of the committee is to have one vote. Staff members participating on the committee do not have any voting entitlements.

A majority decision of the committee comprises a majority of elected members present and voting on any item subject to the requirements of a quorum being met at the meeting.

14. Convening Meetings

At least quarterly meetings will be held.

A meeting of the committee may be convened in response to either the direction of the Byron Shire Council or by the Chairperson of the Committee.

15. Meetings operations

· Minutes of SEC Committee meetings will be serviced by the Economic Development & Tourism unit of Council and will be kept and presented to Council at its next meeting.

· Meeting notes shall be circulated to Committee members at least nine days prior to subsequent meetings, together with an agenda and such reports to the Committee as required. Council’s standard format for Committee meeting reports/ minutes will be adopted. Late correspondence or business items will be considered by the Committee if ruled by the Chairperson to be a ‘matter of urgency’. The Servicing Officer to provide the Committee with details in a timely manner.

· Members of the Committee shall speak through the Chairperson.

· Consensus or show of hands, when required will decide matters.

· With the consent of the Committee, external agencies may be invited to address the Committee as required.

· Subject to Council’s ‘Code of Meeting Practice’ (Policy No. 14.004, E2014/38231) meetings of the Committee shall be open to the media and public as can be reasonably accommodated. Access may be denied in any case where the Committee, by resolution, so decides on the grounds that information/ items under discussion may prejudice Council’s or an individual’s interest.

· Members of the Committee are to abide by Council’s Code of Conduct (Policy No. 13.003 E2013/12377) at all times.

· Meetings will be held principally at Byron Shire Council administration office in Mullumbimby.

16. Role of Committee - research and policy development

The Committee is to facilitate strategic policy development and implementation on a range of economic development issues within the Byron Shire Local Government area and to make recommendations to Council accordingly, within the context of the adopted plans of Council.

17. Project Reference Groups

Project Reference Groups may be established at the direction of the SEC Committee to address issues clearly identified in the plans relevant to the Economic Development & Tourism unit of Council.

The terms of reference for the Project Groups will be developed on a case-by-case basis and will clearly identify the role, the function and the reporting process and the expiration date of the Project Groups.

The Chairperson of a Project Group must have research or extensive practical experience and/or technical skills relating to economic development or one of the identified priority industries. The Secretary of a Project Group must have experience with minute taking and report preparation and be familiar with relevant computer applications. Members of Project Groups must be able to demonstrate in their expression of interest relevant qualifications, skills and experience in sectors linked to the topic being addressed by the Sub-Committee.

Minutes of Project Group meetings will be kept on a Council database and presented to the Committee at least annually. These become part of Council’s corporate records.

Project Groups will be expected to report to the SEC Committee on a quarterly basis. The SEC Committee may wish to feature the work of one or more Project Groups at its quarterly meeting. Key items from the Project Group report will be presented to Council via a report from the SEC Committee.

18. Section 377 Delegation

The SEDAC Committee 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.

The Committee may make recommendations with regard to expenditure of budgeted funds and on policy relevant to Byron Shire industries. These recommendations will be submitted to Council for resolution.

19. Work Health Safety

All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.

20. Insurance

Council has in place ‘Councillors and Officers Liability Insurance’. The terms of this insurance provide that, among other things, coverage applies to ‘committee members of any special or advisory committee established by the policyholder under the Local Government Act’.

21. Grievance Procedure

Grievances relating to matters before the Committee will be dealt with according to the Complaint Handling Procedures and Sanctions in Council’s Code of Conduct (Policy No. 13.003 E2013/12377).

22. Publicity

Publicity relating to matters before the Committee and programs adopted by the Committee should be in the name of Byron Shire Council SEC Committee and in accordance with Council Policy authorised by the Chairperson and the Media Communications Officer.

23. Selection Criteria

· Committee members will have an interest in a relevant industry to the SECs work.

· Committee members will have strong communication skills, a willingness to contribute, and be capable of informing and motivating others.

· Members will have ability and readiness to act solely in the best interests of sustainable economic development in the Shire, without regard to personal interest or benefit.

· Members will bring their personal knowledge and experience to bear on issues of relevance.

· Members will have the ability and willingness to be an ambassador for the Shire and to represent the Shire positively to media, industry organisations and visitors.

· It is highly desirable that Committee members have expertise in ONE or more of the following:

o Marketing

o Business development

o Business operations

o Industry association membership/ involvement

o Knowledge of the tourism, creative industries, agriculture/ food production and business services industry structures at a local, regional, state and national level

o Knowledge of tourism and/ or other industry distribution systems

o Knowledge of the Shire’s key products and services.

o An understanding of the current and future needs and requirements of the Byron Shire industry sector

o An understanding of the current and future needs and requirements of the Shire regarding the development of a sustainable economy

o Experience or working knowledge of economic development issues as an employee, resident or student

o An understanding of economic development issues from a community development or community services perspective

o Experience with a historical society, chamber of commerce, arts/ culture/ events, other local/ state/ regional organisation (eg NPWS, Economic Regional Development or Tourism Boards/ Committees).

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.13 - Attachment 2

10.2007.286.3

MODIFIED CONDITIONS OF CONSENT:

1. Condition No.1 is to be amended to state as follows:

1) Development is to be in accordance with approved plans

The development is to be in accordance with the following documents as modified by any conditions of this consent:

Description	Author	Plan No. & Date
Subdivision Layout, Staging and Public Road Amendments	Martens & Associates Pty Ltd	P0701673JD08_v2 Sheet 2 dated 13/11/2007 (S96 Amendment - March 2015)
Private Accessway Plan View and Earthworks	Martens & Associates Pty Ltd	P0701673JD08_v2 Sheet 3 dated 13/11/2007 (S96 Amendment - March 2015)
Private Accessway Plan View and Earthworks	Martens & Associates Pty Ltd	P0701673JD08_v2 Sheet 4 dated 13/11/2007 (S96 Amendment - March 2015)
Stormwater Management Layout	Martens & Associates Pty Ltd	P0701673JD08_v2 Sheet 17 13/11/2007 (S96 Amendment - March 2015)
Stormwater – Typical bio-retention Drain & Energy Dissipation Structure	Martens & Associates Pty Ltd	P0701673JD08_v2 Sheet 18 13/11/2007
Ecological Assessment included in the SEE 2007).	Mark Fitzgerald Ecological Consultant	29 May 2007
Additional Information	Mark Fitzgerald Ecological Consultant	28 September 2007
Additional Information (attached to letter from Balanced Systems Planning Consultants	Mark Fitzgerald Ecological Consultant	27 November 2007
Draft Community Management Statement	Hinterland Legal Solicitors	-
AS MODIFIED BY:
Description	Author	Plan No. & Date
Site Layout Plan – Tree Impacts	Martens & Associates Pty Ltd	Sheet 4 14 November 2012

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. Condition No.2 is to be amended to state as follows:

2) Staged Development

The development is to be carried out in the following stages:

Stage 1: Residential Lots 22 – 26, 29 – 34, & Community Property Lot 1, & Road Infrastructure to Tea Tree Court.

Stage 2: Residential Lots 14 – 21 & Community Property Lot 1, & Road Infrastructure from Stage 1 road through to Hayters Drive.

Stage 3: Residential Lots 2 – 13, 27 - 28, 35 & Community Property Lot 1, & Road Infrastructure through to Hayters Drive.

Where conditions are required to be satisfied prior to a particular event, those conditions are the conditions relevant to the works being carried out in the stage.

3) Condition No.45 is to be amended to state as follows:

45) Developer Contributions to be paid

Contributions set out in the attached Schedule are to be paid to Council. Contributions are levied in accordance with the Byron Shire Council Section 94 Development Contribution Plan 2005 dated June 2005 and Byron Shire Council Section 94 Development Contribution Plan 2005 Amendment No. 1 dated 20 July 2005 for Community Facilities, Open Space, Roads, Car Parking, Cycleways, Civic & Urban Improvements, Shire Support Facilities and Administration. The Plan may be viewed during office hours at the Council Offices located at Station Street, Mullumbimby.

The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. Payments will only be accepted by cash or bank cheque.

4) Part B – General Terms of Integrated Development Approval – Bushfire Safety Authority be amended to state as follows:

1. The proposed development is to comply with the modified Subdivision and Site Plan submitted by Council on 9 April 2015, the plans are modified originals with the same referencing as with the original bush fire safety authority. The plans are prepared by Martens & Associates, drawing number P0701673JD08_v2, sheet 2 amendment dated 13/11/2007, except where modified by conditions of this Bush Fire Safety Authority.

2. This assessment is based in part upon the advice and recommendations within the amended Bushfire Protection Assessment, prepared by Australian Bushfire Protection Planners, ref B06415-4, dated 20.9.2007. All recommendations within that report (excluding No.5) shall be complied with, except where modified below.

Asset Protection Zones

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

3. At the commencement of works and in perpetuity the entire proposed lot 35 shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service's document ‘Standards for asset protection zones’.

4. At the commencement of works and in perpetuity the area to the west of the building envelope on lot 35, for a distance of 10 metres and north for a distance of 11 metres shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service's document ‘Standards for asset protection zones’.

5. The asset protection zone (APZ) south of any dwelling to be erected on

proposed Lot 33 shall be a minimum 11 metres.

6. The asset protection zone (APZ) south west of any dwelling to be erected on

proposed Lots 23-27, shall be a minimum 10 metres.

7. The managed grasslands west of proposed Lot 12 shall include a minimum 10

metre inner protection area.

8. The managed landscape zone north of proposed Lots 12, 13, 15 shall include

a minimum 10 metre inner protection area.

9. The managed landscape zone north and North West of proposed Lot 14 shall

include a minimum 10 metre inner protection area.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of

buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

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

11. Hydrant services are to be located outside the carriageway and passing bays,

and located on the side of the road away from the bush fire threat.

Access

The intent of measures for public roads is to provide safe operational access to

structures and water supply for emergency services, while residents are seeking to

evacuate from an area. To achieve this, the following conditions shall apply:

12. Turning “Ts” shall be no less than 15 metres when measured from the centre

of the road, with an internal radius of no less than 6 metres and 12 metres

outer radius.

13. Permanent access to Coogera Circuit shall be constructed to create a through

road to Hayters Drive.

14. Bridges shall clearly indicate load rating and pavements and bridges are to be

capable of carrying a load of 15 tonnes.

The intent of measures for property access is to provide safe access to/from the

public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions

shall apply:

15. Property access roads to proposed Lots 12 & 13, and proposed Lots 19, 20, 21 shall comply with section 4.1.3 (2) of Planning for Bush Fire Protection 2006.

Landscaping

16. Landscaping within the APZs is to comply with the principles of Appendix 5 of

Planning for Bush Fire Protection 2006.

5) The ‘Notes’ on the consent be modified to refer to the following:

Water payments under the Water Management Act 2000

Charges will be calculated pro rata per stage of construction 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	32.80 ET
Bulk Water	32.80 ET
Sewer	33.00 ET

General Advice – consent authority to note

New construction shall comply with Australian Standard AS3959-1999 'Construction of buildings in bush fire-prone areas' and may not correspond to the recommendations made within the bushfire protection assessment.

The Asset Protection Zones (APZ) required as part of the development will encompass land that will be located within a riparian corridor/ area. Ecological management of the riparian area may conflict with that required for the APZs. In this regard the applicant will need to liaise with the NSW Department of Natural Resources to identify their management requirements do not conflict with those required for the APZs by the NSW Rural Fire Service.

The applicant proposes to clear and manage Endangered Ecological Community vegetation in order to establish the proposed building envelopes and / or the subsequent required APZs.

Any further development application for class 1, 2 & 3 buildings as identified by the Building Code of Australia must be subject to separate application under section 79BA of the EP & A Act and address the requirements of Planning for Bush Fire Protection 2006.

The APZs recommended within the Bushfire Protection Assessment, prepared by Australian Bushfire Protection Planners, are minimum requirements based on a Level 3 Construction. Any reduction in the level of construction as proposed for future dwellings to be erected on individual Lots is in general not supported, but will be considered on a case by case basis at the 79BA assessment stage.

Delete all the section 94 schedules at the end of the consent and replace with the following schedule:

RESIDENTIAL DEVELOPMENT
SCHEDULE OF CONTRIBUTIONS PURSUANT TO SECTION 94 OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979
	(Office Use Only)
Community and Cultural Facilities	(CF-SP)	33.00	SDU @	$998.31	=	$32,944.23
" - Shire Wide	(CF-SW)	33.00	SDU @	$529.14	=	$17,461.62
Open Space	(OS-SP)	33.00	SDU @	$6,246.12	=	$206,121.96
" - Shire Wide	(OS-SW)	33.00	SDU @	$2,677.88	=	$88,370.04
Roads	(R-SP)	297.00	trips @	$735.00	=	$218,295.00
Cycleways	(CW-SP)	33.00	SDU @	$707.50	=	$23,347.50
Civic & Urban Improvements	(IM-SP)	33.00	SDU @	$1,594.49	=	$52,618.17
Rural Fire Service	-				=
Surf Lifesaving	(SL-SP)	33.00	SDU @	$25.93	=	$855.69
Administration	(OF-SW)	33.00	SDU @	$738.08	=	$24,356.64
				Total	=	$664,370.85

2) BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.17 - Attachment 2

10.2014.398.1

CONDITIONS OF CONSENT:

1. Deferred Consent Condition

Pursuant to Section 80(3) of the EPA Act 1979, this consent does not operate until Council is provided with a full set of architectural drawings including floor plans, elevations, sections, landscape plan and site plan. The plans to be prepared based on the submitted conceptual drawings by Alan Logan Architecture, dated 5/15 and numbered 1 and 2, and site plan, basement plan, ground floor plan, first floor plan and roof plan prepared by Total Project Group Architecture, dated July 2014.

To satisfy Council in this matter the applicant must submit:

a) Details of finished external colours and materials of the development including a detailed schedule/display of materials and colour charts, based on the conceptual drawings prepared by Alan Logan Architecture.

b) Demonstrate that the height of roof top terrace entrance does not exceed 9.87 metres above ground level and the two pitched roof elements do not exceed 10.09 metres above ground level based on the conceptual drawings by Alan Logan Architecture

Evidence of compliance with the above condition(s), 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, the Council will give notice to the applicant of the date from which the consent operates.

Parameters of this Consent

1. Development is to be in accordance with approved plans

The development is to be in accordance with the plans approved under deferred commencement Condition No.1.

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. Compliance with Building Code of Australia

(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 ,

(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.

3. Erection of signs

(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

(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.

(5) This clause does not apply in relation to Crown building work that is certified, in accordance with 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.

4. 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 demolished 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.

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

5. Land to be consolidated

All separate parcels of land are to be consolidated into one allotment and registered with the NSW Department of Lands.

6. Acoustic Fence adjacent to Railway Corridor

Detailed plans to be submitted with the construction certificate for a 2 metre high acoustic fence to be erected along the rear boundary with the railway corridor. As a minimum the fence to be a timber lap and cap paling fence.

7. Landscape Plan

A detailed landscape plan to be submitted with the construction certificate for approval in accordance with Part H of DCP 2010.

8. Remediation of contaminated land

A Remedial Action Plan (RAP) must be prepared for the management of contaminated soils in accordance with the findings of the report titled “Preliminary Contaminated Land Assessment SEPP 55 - Lots A and B DP 346870, Lot 1 DP 123737, Lot 13 DP 1143269, Lot 2 DP 1073355 and Lot 1 DP1068193 – 3, 5, and 7 Shirley Street Byron Bay, by Greg Alderson and Associates P/L in addition to the following requirements:

i) The RAP must be prepared by a suitably qualified person as per the NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other statutory requirements.

ii) A Notice of Commencement must be submitted to Council no less than 30 days prior to commencement.

iii) A suitably qualified person with experience in contaminated land remediation must be engaged by the proponent to be responsible for overseeing all works.

iv) Contact details of the responsible person must be provided to Council, including a 24-hour telephone number.

v) a validation report and notice of completion to be submitted to Council before any other works commence. The notice of completion must certify the site is suitable for the proposed use.

All reporting must conform to the requirements of NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997, and must also include information confirming that EPA and all other regulatory requirements have been met. In particular, documentary evidence is required to confirm that any disposal of soil off-site is done in accordance with the RAP and regulatory requirements.

9. Acid sulfate soils management

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). Should dewatering be required a separate approval to be obtained from the NSW Office of Water under the Water Management Act 2000.

10. Engineer’s Certification required – Engineering Design Works Basement Car Park.

A certificate from a professional Engineer experienced in structural and geotechnical Engineering, is to be provided to the Principal Certifying Authority, certifying that:

a) the design of the civil engineering works for the basement car park, including retaining walls, earthworks excavations, has been assessed as structurally adequate,

b) the civil engineering works will not be affected by landslip or subsidence either above or below the works; and

c) adequate drainage has been provided.

11. Sediment and Erosion Control Management Plan required

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”.

12. 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

13. 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.

$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. The Cost Summary Report (copy attached) as set out in schedule 2 of the Section 94A contributions plan shall be submitted to Council with the with the payment. Copies of Cost Summary Report are available at Council’s main office or may be downloaded from http://www.byron.nsw.gov.au/

14. Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to carry out:

a) water supply work;

b) sewerage work; and

c) to discharge trade waste into the sewer

must be obtained. For details on trade waste see the 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

15. On-site stormwater detention - Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to carry out on-site detention drainage system and connection to a Council approved drainage system.

Note: The plans must be in compliance with Council’s Development Control Plan 2010, Part N 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.

16. Consent required for works within the road reserve – Shirley Street.

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.

Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works:

Driveways, Kerb & Gutter	Construction of two (2) new driveways. Removal of existing three (3) driveways. Removal of remaining kerb & gutter which is to be replaced with new kerb and gutter to current standards for the full frontage of the site, and beyond to facilitate the transition between the different profiles. Reinstatement of footpath area and road pavement, as/where required.

Footpath	Remove the existing concrete footpath for the full frontage of the site and east to the service station site and replace with a 1.5m. wide concrete to Council’s required standards.


	The driveways, kerb & gutter, footpath and associated works are to be in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

17. 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, in particular driveway/roadworks in Shirley Street and construction vehicles manoeuvring.

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 traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

18. Basement Car parking layout, vehicle circulation and access plans required.

The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.

The access, parking and manoeuvring for the site is to comply with the requirements of Council’s DCP 2010, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:

a) Fully dimensioned layout plan to scale of the internal driveways, Porte Cochere, Loading bay, and, for the basement car park which also indicates compliance with the current Australian Standards in respect to horizontal and vertical dimensions and clearances;

b) Turning/manoeuvre paths for the design B99 and SRV vehicles;

c) Existing and design levels;

d) Longitudinal section of the driveways from the road centreline through to the basement car park; which should also show vertical clearances where the B99 vehicle and driveway ramp enters the basement car park structure, in compliance with Section 5.3.1 and Figure 5.3 of AS2890.1- 2004.

e) Cross sections;

f) Drainage (pipes, pump out pits/system, collection tanks, etc.);

g) Safety sight distances for both the entry and exit driveways;

h) Linemarking and signage.

i) Retaining Wall Structures

j) Basement Drainage and Site Dewatering (if required)

k) Garbage Storage Area to include concrete base and screened from adjoining properties

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”.

19. Bond required to guarantee against damage to public land

A bond of $5000 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.

20. Mechanical ventilation and Air Conditioning and other plant and equipment

Engineering detail to be submitted with the construction certificate demonstrating that mechanical ventilation, air conditioning and other plant and equipment will be adequately acoustically enclosed in accordance with the Industrial Noise Policy and the requirements of the Environmental Protection Authority.

21. Public liability insurance cover required

The developer and/or contractor must produce evidence to the Principal Certifying Authority of public liability insurance cover for a minimum of $10 million. Council is to be nominated as an interested party on the policy.

22. 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 10.2014.398.1 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.

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

23. Traffic Management Plan

The approved traffic management plan is to be implemented.

24. Public safety requirements

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.

25. Erosion and Sediment Control Management Plan required

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

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

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

26. 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.

27. 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.

28. 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.

29. Plumbing Permit

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.

The following conditions are to be complied with during construction

30. 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.

31. Construction Noise

Construction noise is to be limited as follows:

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

32. Demolition of existing structures

Demolition of the existing dwelling to be carried out in accordance with AS2601. Any asbestos to be removed in accordance with the EPA and NSW Workcover requirements.

33. 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.

34. Builders rubbish to be contained on site

35. 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.

36. Prevention of water pollution

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

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

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

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

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

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

38. Swimming Pool Fencing

Pool fencing to comply with the Swimming Pool Act 1992

39. Car Parking areas to be completed and signs to be provided.

The car parking areas are to be constructed in accordance with the approved plans. 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.

40. Internal & External driveway in accordance approved plans

The internal and external driveways, and, vehicle manoeuvring areas are to be constructed in accordance with the approved plans.

41. Stormwater disposal

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

a) Clear of buildings and infrastructure,

b) Not concentrated so as to cause soil erosion,

c) Not onto adjoining land.

42. Land Fill and Floor Levels

Prior to the issue of an occupation certificate the owner/builder of a development is to confirm in writing to Council the as-built levels are as per the approved designs (ie the heights are confirmed by a registered surveyor). The heights which should be provided would be habitable floor, non-habitable, basement car park floor and vertical clearances, high ground and low ground.

43. Stormwater drainage – Certification of works

The certificates are to be from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans, Council’s current ‘Design & Construction Manuals, Section 68 Approvals and Part N of DCP 2010 (Certificate of Compliance form).

44. Engineer’s Certification required – Constructed Basement Car Park.

A certificate from a professional Engineer experienced in structural and geotechnical Engineering, is to be provided to the Principal Certifying Authority, certifying that:

a) the constructed engineering works for the basement car park; including retaining walls, drainage, and earthworks excavations, has been supervised and assessed as structurally adequate,

b) all works have been constructed in accordance with the approved plans and Council’s current “Design & Construction Manuals”.

The following conditions will need to be complied with at all times

45. Car Parking spaces are to be available for the approved use

A minimum of 27 car spaces, a loading bay, a mini bus drop off and pick up bay, customer arrival bay under the Porte Cochere are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council. Valet Parking Service is to be provided at all times

46. Building Tourist Motel Suites not to be used for residential occupation

The building tourist motel suites must not be used for any form of residential occupation unless separately approved by Council. The Manager’s Unit is exempt from this requirement.

47. 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.

48. Loading and unloading not to occur on the street

The loading and unloading bay must be available at all times for the loading and unloading of goods for the development. All loading and unloading to is take place within the curtilage of the premises.

49. Restaurant available/open to the Public

The restaurant component of this motel is available to the general public to use. The hours of operation for the motel restaurant when open to the public is Monday to Sunday 7am to 11pm.

50. Ground Floor Spa

The ground floor spa is for the use of guests only.

51. No Interference with Amenity of Neighbourhood

The proposed use of the premises shall 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 premises must comply with the New South Wales Industrial Noise Policy.

The LA10* noise level emitted from a licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5 Hz – 8k Hz inclusive) by more than 5 dB between 07:00 am and 12:00 midnight at the boundary of any affected residence.

The LA10* noise level emitted from a licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5 Hz – 8k Hz inclusive) between 12:00 midnight and 07:00 am at the boundary of any affected residence.

Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12:00 midnight and 07:00 am.

* LA10 is the average maximum deflection of the noise emission from the licensed premises.

b) Only clean and unpolluted water is permitted to be discharged to Councils’ stormwater drainage system or any waters.

c) All wastes shall 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 shall be serviced and maintained to ensure that all relevant environment protection standards are satisfied.

e) Goods deliveries, fuel deliveries and waste collection shall be restricted to daytime operating hours.

52. Restricted hours of operation

The hours of operation of the swimming pools and spa pools is 8am to 8pm.

Any alteration to the above hours of operation will require the further consent of Council.

53. 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. The maximum allowable flow rate of filtered backwash water into the sewer is 0.45 L/s.

54. Public Swimming Pool and Public Spa Pool health requirements

Every public swimming pool and public spa pool water is to be re-circulated, filtered and continuously disinfected in accordance with the requirements of the Public Health Regulation 2012.

The applicant shall establish appropriate management and maintenance procedures and practises to ensure that the requirements of the Public Health Regulation (Schedule 1 Requirements for public swimming pools and spa pools) are achieved for the safety of bathers at all times.

Notes

Civil Works

Protection of the Environment Operations Act 1997:

Public Health Act 2010:

All public swimming pools and public spa pools must operated and maintained in accordance with the requirements of the Public Health Act, 2010 and Public Health Regulation 2012. All public swimming pools and public spa pools must achieve safe water quality standards at all times for the protection of the bathing public.

Smoke-Free Environment

The applicant and occupier of the premise are alerted to the requirements of the Smoke-Free Environment Act 2000 which imposes specific restrictions upon smoking within all enclosed spaces, and in certain outdoor public places. Appropriate warning signs should be displayed in restricted no-smoking areas of the development.

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT

[ET Policy No:13/005]

Water	9.99 ET
Bulk Water	9.99 ET
Sewer	13.67 ET

Section 94A Levy to be paid

SCHEDULE 2 - Cost Summary Report

[Development Cost greater than $500,000]

DA /CC/CDC 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
Total Development Cost	$	Total Car Parking - Spaces
Total Construction Cost	$
Total GST	$

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 13.18 - Attachment 1

Text Box:

BYRON SHIRE COUNCIL

HERITAGE ADVISORY COMMITTEE

DRAFT TERMS OF REFERENCE

INFORMATION ABOUT THIS DOCUMENT
(INTERNAL USE ONLY)

Date Adopted by Council		Resolution No.
Responsibility
Review Timeframe
Last Review Date:		Next Scheduled Review Date

Document History

Doc No.	Date Amended	Details Comments eg Resolution No.
E2015/40566		Draft reported to 16 July 2015 Meeting

Further Document Information and Relationships

Related Legislation	Section 355, Local Government Act (1993)
Related Policies	Code of Conduct Policy 1.1 Work Health Safety Policy Code of Meeting Practice Policy
Related Procedures/ Protocols, Statements, documents

Table of Contents

1. Preamble. 4

2. Purpose. 4

3. Membership.. 4

4. Invited Guests. 5

5. Term... 5

6. Pecuniary Interest 5

7. Quorum... 5

8. Confidentiality. 5

9. Privacy. 5

10. Election of Chairperson.. 5

11. Voting.. 5

12. Convening Meetings. 6

13. Agenda Preparation.. 6

14. Meeting practice. 6

15. Public and Councillor Attendance. 6

16. Section 377 Delegation.. 6

17. Work Health Safety. 6

18. Insurance. 6

19. Grievance Procedure. 6

20. Publicity. 6

21. Membership Criteria. 7

1.
Preamble

The Heritage Advisory Committee (HAC) is an advisory Committee of the Council and does not have executive power or authority to implement actions.

The role of the HAC is, independently of management, to report to Council and provide appropriate advice and recommendations on matters relevant to heritage management in the Shire.

2. Purpose

The purpose of the Heritage Advisory Committee is to provide support and advice to Council to assist its’ operations on heritage matters.

Actions of the HAC that can assist to achieve this include:

· Assisting Council in the development of policies and strategies including the preparation of a Heritage Strategy and the management of natural and cultural heritage generally in Byron Shire local government area.

· Advising Council staff, the Heritage Adviser and the Council on matters relating to the ongoing implementation of the Heritage Strategy (once completed).

· Assisting Council to procure and allocate funding assistance and to recommend projects for which funding should be sought in line with the Heritage Strategy (once completed).

· Providing 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.

· Advising 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.

3. Membership

Membership is to include:

· xx Councillors

o Cr

· 1 representative from each of the Shire’s known historical societies being:

o Brunswick Valley

o Byron Bay

o Bangalow

o Mullumbimby

· 1 representative each from the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) and the Tweed Byron Local Aboriginal Council.

· xx Community representatives

Council may appoint an alternate for any Committee member position as recommended by the Heritage Advisory Committee.

Note: The Director of Sustainable Environment and Economy or a staff delegate and Council’s Heritage Advisor will be available to attend to provide technical advice and guidance but will not have any voting entitlements on the committee.

4. Invited Guests

Committee members may request through the Chair to seek further expertise and consultation and if necessary arrange attendance of a person providing the expertise at a Committee 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.

5. Term

· Appointments to the Committee are in a voluntary capacity only.

· Extraordinary vacancies on the Committee may be filled by Council appointment on the advice of the Committee, or through public advertisement or as resolved by Council.

· Members of the Committee shall cease to hold office:

o If Council dissolves the Committee

o By the death, mental incapacitation, bankruptcy or serving of a sentence for any offence but failure to pay a fine.

o If a member provides a written resignation

o If a member is absent for three consecutive meetings without having obtained leave of absence beforehand without a formal apology.

6. Pecuniary Interest

7. Quorum

8. Confidentiality

Members of the Committee will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

9. Privacy

All group members are to abide by Council’s Privacy Management Plan (E2013/32774) relating to their access to personal information.

10. Election of Chairperson

The position of Chairperson is to be elected from Councillors comprising the committee.

11. Voting

Each member of the Committee is to have one vote. Staff members participating on the committee do not have any voting entitlements.

A majority decision of the Committee comprises a majority of elected members present and voting on any item subject to the requirements of a quorum being met at the meeting.

12. Convening Meetings

At least quarterly meetings will be held.

A meeting of the Committee may be convened in response to either the direction of Council or by the Chairperson of the Committee.

13. Agenda Preparation

An agenda for each meeting containing a brief report on each item, is to be provided to Committee members and available on Council’s website at least 7 days prior to the meeting being held.

Committee members may request items for inclusion in future agendas, through the Chair.

14. Meeting practice

The meetings be conducted in accordance this Constitution and where required reference to Council’s Code of Meeting Practice.

15. Public and Councillor Attendance

Advisory Committee 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 or the Strategic Planning Committee. Any Councillor can attend Advisory Committee meetings and participate in debate but do not have a voting entitlement if not an appointed member.

16. Section 377 Delegation

The Committee 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.

17. Work Health Safety

All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.

18. Insurance

19. Grievance Procedure

Grievances relating to matters before the Committee will be dealt with according to the Complaint Handling Procedures and Sanctions in Council’s Code of Conduct (Policy No. 13.003 E2013/12377).

20. Publicity

Publicity relating to matters before the Committee and programs adopted by the Committee should be in the name of Byron Shire Council Heritage Advisory Committee and in accordance with Council Policy authorised by the Chairperson and the Media Communications Officer.

21. Membership Criteria

Candidates for membership on the Committee will need to demonstrate their suitability on the basis of the following criteria:

· Demonstrated extensive knowledge of and interest in local heritage

· Experience in providing strategic input on heritage matters

· Practical experience in promoting and protecting heritage

· An understanding of the role of Local Government

· A commitment to consultative processes

· An ability to develop and sustain contacts with key individuals and groupings in the local community

· The ability to effectively listen to, and cooperate with community members holding similar or different points of view

Membership shall be initially on a 12 month basis with the role and functions of the Committee reviewed and a report provided to the Council around their continued operation. Terms of membership will be reconsidered at this time.

BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services 14.3 - Attachment 1

Report of the Local Traffic Committee Meeting held on Wednesday, 24 June 2015

File No: Error! Unknown document property name.

Meeting Commenced: 10.40 am

PRESENT:

Councillor: Cr Duncan Dey

Roads and Maritime Services Representative: Jessica Healey

Police: Snr Constable Ray Wilson

Observer: Gary Hughes (Mullumbimby Bus Service) Item 6.1

Observer: Cr Rose Wanchap Item 6.2

Staff: Simon Bennett, Phillip Holloway (items 6.2, 6.17, 6.18), Helen Waldron (Minute Taker)

Apologies:

There were no apologies

Declarations of Interest

There were no declarations of interest raised.

Adoption of Minutes from Previous Meetings

Recommendation:

That the minutes of the Local Traffic Committee Meeting held on 1 April 2015 be confirmed.

Matters Arising

Outstanding Issues/Resolutions

Regulatory Matters

Report No. 6.1 Wilsons Creek Public School Bus Zone Changes and New Bus Bay

File No: I2015/566

Council are currently constructing a new bus bay due to be completed with RMS Safety Around Schools Funding 2014/15. The funding of $200,000 is envisioned to cover 100% of the cost, thereby meeting Council’s resolved position (as below, Res 15-079, Part 4).

Council were able to secure the funding at a late stage in the financial year due to another programmed project elsewhere in the state not proceeding and the fact Council had a detailed construction design plan already completed and the project being in effect ‘shovel ready’. Council’s ability to deliver external funded projects such as this year’s black spot projects also assisted.

This welcomed funding will provide an indented bus bay on the school side which is considerably safer and more desirable than the current bus zone opposite the school and which requires the school children to be escorted across the road.

To this end Committee endorsement of the new bus zone is sought, to be effective school zone times only. The removal of the existing bus zone opposite is also recommended and in doing will effectively require both the in and out bound services to use the new school side bus bay.

This outcome however will impact 1 of the 4 services provided by the sole bus operator whose PM outbound (westbound) schedule will require a safe vehicle turn around area as close to the town (east) side of the school as possible. Current discussions with stakeholders include use of a smaller vehicle, thereby requiring less area for a forward turn around, or permit the PM outbound service only to enter the bus bay contra-flow (i.e. in an opposite direction) to other traffic. While uncommon, it is believed it can be safely managed given the two buses each morning and from the same service provider, thereby they can ensure only one bus is ever within the new bus bay at a time.

Committee advice on such a suggestion however is sought, while recent and related resolved matters are copied below as background, noting the bus operator will attend to discuss their implications.

30 April 2015 Council made the following three resolutions:

15-194 Resolved…in regard to Report No.6.5 - School bus route approval, Mullumbimby-Wilson's Creek-Huonbrook…:

a) That Council recognises the need for, and holds no objections to, the school bus routes as detailed within Transport for NSW Contract N1060 and N2903 as held with Mullumbimby Bus Service and the principal operator Gary Hughes; and

b) That Transport for NSW and the NSW Department of Education be advised of the Local Traffic Committee:

i) preference that a smaller vehicle be required and form part of the aforementioned or future contracts to undertake services that travel Wilson’s Creek Road and more specifically those that service Wilson’s Creek Public School; and

ii) concerns for safety and risks relating to the current school bus arrangements at the Wilson’s Creek Public School and request for the named parties to be involved including approvals, concurrence and funding, to resolve the matters raised.

15-204 Resolved that Council call a meeting in the first or second week of May with the following bodies plus Council staff and Councillors who wish to attend, to resolve the impasse on volunteer training and to bring forward the construction of the 40kmh zone AT Wilsons Creek Public School. Those bodies are: Departments of Education, Transport, RMS.

15-205 Resolved that Council receive a report outlining potential of training other volunteers in traffic management accreditation including the possible costs to Council.

On 26 February 2015 Council resolved:

15-079 Resolved:

1.That a new design be developed which allows the School bus and students to board and embark on the School site.

2. That staff pursue the possibility of a smaller bus being used and if not possible under the current contract, than it should be part of new contract.

3. That Council notes the new proposed design allows improved safety and will cost less than the previously approved design.

4. That Council notes the potential for 100% funding from the RMS if the design meets their requirements and can be commenced prior to June 2015.

On 23 April 2009 Council resolved:

09-261 Resolved that the No Standing signs at Wilson’s Creek Primary School, installed as per Council resolution 08-614, be removed.

On 23 October 208 Council resolved as follows.

08-614 Resolved:

1. That the interim measure for a temporary bus bay on the northern side of the road, as proposed for Wilsons Creek Primary School, be supported and conveyed to the School.

2. That funding options for the more permanent measures proposed of a formal bus bay, footpath and retaining wall be investigated.

Committee Comments

· noted one of the bus services using Wilson’s Creek Primary School will still need to use the opposite side of the road even after the new bus bay is completed

· contra flow is not currently supported by Police or RMS, further investigation required

· a supervised trial of contra flow arrangement suggested as way to assess its safety

· a physical barrier between road and bus could be added to the site to assist contra-flow

· noted the road width is not there for the design to meet standard

· Transport for NSW has $1.6m state wide funding for the coming financial year in regard to bus facilities

· Noted a smaller bus is only useful if a turnaround is established east of the School, or contra-flow allowed.

· Concern also raised for the parking west of the school driveway which is not signed and people park angled to the fence line which restricts sightlines further

· On basis of above Council to undertake further assessment of options following completion of new bus bay and report back via the Committee before further changes made

Management Comments

Nil

RECOMMENDATION:

1. That the new school side bus bay at Wilsons Creek Public School be endorsed and signed as a bus zone, effective school days 8.45am-9.45am and 3.30pm-4.00pm (subject to confirmation with the School).

2. That Council note that there remain safety issues that will be overcome by having the westbound bus able to turn around east of the School, which if occurs would remove the need to consider a contra flow which is not supported by the Local Traffic Committee at this time.

3. That Council note that staff will investigate further grant opportunities to achieve the safety described in point two.

4. That once works are complete Council examine procedures, such as contra flow for the buses or other possible options, to minimise risk to the children and the need for them to cross the road.

5. That following completion of the bus bay, staff examine parking options west of the School including safety and sightlines.

Report No. 6.2 Two Lanes Inbound, Lawson Street, Byron Bay

File No: I2015/567

On 5 February 2015 Council resolved as follows:

15-021 Resolved that:

1. Council provide a continuous second in bound lane commencing 50 metres north of the Shirley/Butler Street roundabout in Byron Bay through to the Lawson/Jonson Street roundabout;

2. The purpose is to improve operation and movement at and between the aforementioned roundabouts and is to maintain the existing lane configuration west of the Jonson/Lawson Street intersection which includes a dedicated left-turn lane and a combined through and right lane; and

3. the $206,000 within s94 reserved for Byron Bay traffic management be made available for this project including the completion of detailed design and cost estimates, obtainment of approvals and construction.

4. this resolution be reported to the next Local Traffic Committee meeting for their advice and comment. Where staff consider such advice and comment to be significant in regards to safety, the matter be returned to Council for further consideration.

5. where practical and appropriate this project be designed and delivered with consideration of the Byron Bay town centre bypass.

Extract of the engineering design plans are shown, while the full version will be tabled for discussion and has progressed to 85% complete. Any changes the Committee wish to make is now sought as is endorsement of the regulatory matters contained with the design plan.

Fig 1: depicts 50m north of roundabout at Lawson/Butler St; 5 car spaces lost, changes achieved within existing road

Fig 2: depicts rail crossing to Lawson/Jonson St; minor kerb re-alignment; new footpath

In summary, the design seeks to minimise cost and hard infrastructure changes which are essentially limited to work within the existing road (kerb to kerb) and involves minor realignment of kerb east of the rail crossing, and removal of kerb extensions and line marked right-hand turn bays.

The slight modification to kerb line at the rail crossing includes relocation of fence and addition of sections of new footpath for better pedestrian delineation, which also be enhanced by the kerb extension and landscaped blister between the entry/exit of the Lawson Street south car park.

The project is scheduled for delivery this calendar year.

Referral of the design plan to John Holland Rail for their concurrence in their capacity as the current managing agent of state owned rail infrastructure is also required.

Fig 3: east of roundabout at Lawson/Butler St to rail crossing

Committee Comments

· noted the design does include risks, which include:

a. noted motorists may not adhere to the left in / left out movements at Caltex Service Station and First Sun Caravan Park

b. design closes off current pedestrian access

c. fencing lines being removed

d. lane widths come down to 3.1 – 3.2 m inbound (outbound lane is 3.5 m)

e. Caltex Service Station and First Sun lose right hand turn in (they have been made aware of this)

f. stormwater – drainage needs to be improved, but that will not be part of this project

g. noted Council needs the concurrence of the John Holland Group for works which will occur on Rail land – there will be costs involved both in the approval process and the physical works to occur on their land

h. signs proposed on design will be altered to RMS preference of ‘stacked’ signage

i. outdated signage will be replaced as part of the project (e.g. No Standing should now be No Stopping)

j. potential motorists will be ‘trapped’ in the left lane and will attempt to change lanes in a congested space

k. five parking spaces being removed

l. line marking in the ‘through lane’ on Shirley Street to be investigate to make sure it does not exclude u-turns at the roundabout

Management Comments

Nil

RECOMMENDATION:

1. That the GHD engineering design plan for the proposed ‘Two Lanes Inbound (Lawson Street, Byron Bay)’ be endorsed for the creation of a second inbound lane on Lawson Street, Byron Bay, commencing from 50m north of the Butler Street roundabout and continuing east to the existing two lane configuration west of the Jonson Street roundabout, including:

a) the existing No Stopping on the east side of Shirley Street be extended further north of the Butler Street roundabout to the driveway of 3 Shirley Street (approximately a 40m extension resulting in loss 5 car spaces);

b) a new ‘left turn only’ lane;

c) left in and left out movement only allowed on the Lawson Street access and egress locations at the First Sun Caravan Park and the Caltex Service Station, both of which lose their protected on-street right-turn bays; and

d) acceptance the design does not and cannot provide for or include dedicated on road cycling space due to limited, existing road width.

2. That Council notes and accepts the compromises and risks as detailed in the attached ‘Issues Register’ and the ‘Safety in Design Risk Assessment’.

3. That the design be referred to John Holland Rail for their concurrence and requirements regarding changes upon or that affect state owned rail infrastructure.

Report No. 6.3 NAIDOC Event, Jonson Street Parade, Byron Bay 9 July 2015

File No: I2015/568

The annual NAIDOC week is to again include a street parade along Jonson Street, Byron Bay. Previous events have been held under Police escort and no reported problems with the event has been provided. As such endorsement for the following is sought.

A temporary road closure that will affect access of Jonson Street, Byron Bay between Marvell Street and Bay Street during the hours of 10am and 11am on Thursday 9 July 2015. The street parade will proceed from Railway Park at 10am and conclude at Apex Park, Main Beach by 11am.

Traffic delays during this time can be expected.

Committee Comments

No comments for this item

Management Comments

· staff have arranged and placed advertising on the assumption Council approval will be forthcoming for this event which will have been held by the time Council endorse the event, expected 16 July

· organisers of this event have been reminded that despite it being an annual and recurring event, application still needs to be made and that Council’s relevant fees and charges still apply

RECOMMENDATION:

That Council endorse the NAIDOC Celebration, Street Walk and Family Day to be held in Byron Bay on Thursday 9 July 2015, subject to the:

a) use of an accredited designed and implemented Traffic Control Plan, OR under Police escort

b) event being advertised in the local newspaper and notified on Council's website

c) consideration of any submissions received

d) proponent’s lodgement of current and appropriate levels of insurance and liability cover; and

e) attainment (by the event proponent) of written authority to hold the street walk from the Police

Report No. 6.4 Middleton Street, Byron Bay - Changes and car park upon Crown Reserve

File No: I2015/569

The 11 June 2015 Reserve Trust Committee meeting of Council received a report with two layout options for a car park upon crown reserve land which require changes to the adjacent Middleton Street, Byron Bay. The subsequent resolution seeks Committee advice on both options which are reproduced below.

Both options retain the existing west to east one-way operation of Bay Street and estimated to provide similar numbers of car spaces (approx. 55-60) most of which will be upon crown reserve.

Of the two:-

Option 1 - offers the least change by retaining the main existing traffic movement from Bay Street onto Middleton Street.

Option 2 - however appears to result in less constraints (e.g. at intersections) and may not require the STOP line/sign as indicated upon the below sketch for the northbound Middleton Street traffic on the proviso Bay Lane is upgraded from a Give Way to a STOP.

Option 1

Traffic remains on road from Bay Street to Middleton Street, which is the major traffic movement. Middleton Street between Bay Lane and Bay Street becomes one-way north to south.

Vehicles that enter from Middleton Street at Lawson Street have no option but to enter the car park unless Bay Lane one way is changed from west-east to east-west.

Such a change would require consultation and not recommended.

An alternative option which may hold merit however is the inclusion of a turning circle upon Middleton Street at the intersection with Bay Lane to provide opportunity for those not wishing to traverse through the car park.

However regardless of its inclusion or not, little traffic impact of the option is apparent despite the new “No stopping” required on Middleton Street (as per red lines) which is more than offset by the increased car parking achieved.

Option 2

Traffic lane effectively terminates at end of Bay Street, whereupon traffic will have to enter the car park.

One way upon Middleton Street between Bay Lane and Bay Street is reversed to being south to north.

Vehicles that enter from Middleton Street remain on road to end before having to loop back via the car park unless Bay Lane one way is changed from west-east to being east-west.

Such a change would require consultation and not recommended, or a turning circle be considered however its need and benefit is less for this option when compared to Option 1.

Committee Comments

· While it does offer fewer conflict points the Committee were advised by Council management that Option 2 will not be supported by the Crown as it effectively continues Bay Street onto crown land which is where the car park is proposed unless Council wish to purchase the land and dedicate it as road. Such a decision is for Council not the Committee.

· Committee however support Option 1 as it allows Bay Street through traffic to stay on the road and enter the car park if they wish

· The Committee also suggest (but not required) that the design consider the provision of either a small roundabout or turning circle at Bay Lane and Middleton Street to better control traffic movement and simplify the intersection.

Management Comments

Nil

RECOMMENDATION:

1. That Council notes that the Local Traffic Committee prefers Option 1 for proposed changes to the north end of Middleton Street, Byron Bay, including consideration of a turning circle or roundabout for traffic at the Bay Lane – Middleton Street intersection.

2. That such changes be the subject of an approved detailed design, including line marking and signage, all of which can proceed subject to meeting of standards and that adequate ‘one-way’, ‘No Entry’, and ‘Road Ends’ signage and pavement marking be provided where required.

3. That ‘No Stopping’ be endorsed for the west side of Middleton Street, between Bay Street and Bay Lane.

Report No. 6.5 Byron Bay Writers Festival, Bayshore Drive Traffic Management, 7-9 August 2015

File No: I2015/570

This annual event has no significant changes to the temporary traffic management which is effective for its duration and undertaken in accordance with an accredited designed and implemented traffic control plan. No road closure is required and a temporary speed limit of 40kph is signed and effective north of the rail line. As such endorsement as per previous years is sought.

Committee Comments

once the TCP is developed, a copy should be emailed to the Local Traffic Committee for information

Management Comments

Nil

RECOMMENDATION:

That Council approves the temporary traffic control measures related to the August 2015 Byron Bay Writers Festival subject to the:

a) use of an accredited designed and implemented Traffic Control Plan;

b) meeting of the advertising requirements of the Roads Act 1993;

c) consideration of any submissions received;

d) event being notified on Council's website; and

e) timely lodgement of current and appropriate levels of insurance and liability cover.

Report No. 6.6 Road Closure, Byron Lighthouse Run, Byron Bay - Sunday
18 October 2015

File No: I2015/571

No changes are proposed to this annual run/walk charity fundraiser event which will again have traffic control and a temporary road closure effective between 7am and 8am upon Lighthouse Road between Brooke Drive (at The Pass) and Palm Valley Way (entry to Wategos).

As such endorsement is sought on the basis the previous years conditions are again met.

Committee Comments

No Committee comments for this item.

Management Comments

Nil

RECOMMENDATION:

That Council endorses the 10km Byron Lighthouse Fun Run to be held in Byron Bay on Sunday 18 October 2015, subject to:

a) the use of an accredited designed and implemented Traffic Control Plan

b) meeting of the advertising requirements of the Roads Act 1993

c) the event being notified on Council's website

d) consideration by Council staff should any submissions be received

e) the proponent’s lodgement of current and appropriate levels of insurance and liability cover; and

f) the attainment (by the event proponent) of Cape Byron Headland Trust written concurrence of the event

Report No. 6.7 10th Annual Rainbow Ride Cycle Challenge, 20 September 2015

File No: I2015/572

This annual event proposes to reverse its route for this year and start at Currumbin on the Gold Coast but conclude as usual at the Ewingsdale community hall which is located on the no through road of William Flick Lane which will again be closed to through traffic.

Another proposed change is subject to the new highway and St Helena tunnel operating by the event date of 20 September.

If occurs the event proposes to leave south of Mullumbimby as usual via Coolamon Scenic Drive and follow it up Montecollum but then continue onto St Helena whereby cyclists will follow what is currently the highway back to Ewingsdale.

However if approval for such a route is not forthcoming and/or the new highway is not open the route seeks approval to remain on local roads and travel from Montecollum and continue as previous years to Possum Shoot Road then follow it and then Myocum Road through to the Ewingsdale Hall.

Endorsement of the event is based on conditions as per previous years with the addition RMS concurrence also be sought separate to the LTC endorsement given the highway works and the proposal to use the current highway section between St Helena and Ewingsdale Road.

Committee Comments

· noted the event is different to previous years in that it won’t include and the cyclists will not be entering Byron Bay

· noted that if the Highway is open, the cyclists will use Coolamon Scenic Drive to St Helena

· noted that all bicycle events should be conducted in accordance with ‘NSW Guidelines for Bicycle Road Races’, as this ensures signage consistency

Management Comments

Nil

RECOMMENDATION:

That the temporary traffic arrangements for the Rainbow Ride Cycle Challenge be endorsed for Sunday 20 September 2015, including the road closure of William Flick Lane, Ewingsdale between 9am and 3pm, subject to the:

a) use of accredited, designed and implemented traffic control plans that comply with the NSW Guidelines for Bicycle Road Races;

b) organisers implementing plans for signage, motor escort, advertising and other details as proposed in their submission;

c) public liability insurance being current and not less than $20 million;

d) concurrence of the Police and RMS, independent of the Local Traffic Committee endorsement;

e) advertising in accordance with the Roads Act 1993;

f) event and road closure being notified on Council's website; and

g) proponent providing Council a copy of written acceptance of the road closure from the relevant RMS manager or their nominated representative overseeing the Pacific Highway upgrade.

Report No. 6.8 Request for 60kph limit, Ewingsdale Road from Pacific Highway to west of McGettigans Lane

File No: I2015/573

The new Byron Central hospital will be constructing a single lane roundabout on Ewingsdale Road, its approximate location shown by the green circle below. The red line depicts the existing 60kph limit while the blue line (currently 80kph) represents the proposed extension of the 60kph limit to 340m further east and thereby covering the emergency vehicle access and egress depicted by the red circle.

The roundabout design will be tabled at the meeting and has been subject of Council and RMS advice with a design speed of 35kph to be achieved.

The Committee support of the extension of the 60kph is sought, which if forthcoming will recommend Council refer the matter to RMS for approval. It should be noted however by making such a change the resulting, reduced 80kph speed zone between the subject site and east to sports centre roundabout will be approximately 1.6km in length.

Committee Comments

· noted a length of 190m is required to cover the access to the Ambulance Station however preferable it go further for benefit of traffic entering/leaving the site

· RMS approval required, but such a small adjustment will if approved be done as an operational matter and therefore not require a full speed zone review

Management Comments

Nil

RECOMMENDATION:

That Council supports the Local Traffic Committee endorsement that the existing 60kph speed limit on Ewingsdale Road, Ewingsdale west of Woodford Lane be extended 270m eastward to the western boundary of the new Ambulance Station allotment, once the Byron Central Hospital roundabout is operational and subject to RMS approval.

Report No. 6.9 Proposed No Entry - Authorised Vehicles Excepted - Suffolk Park Holiday Park

File No: I2015/574

Council’s Acting Team Leader compliance supports the holiday park management request to restrict general vehicle access and proposes the site be signed as ‘No Entry – Authorised Vehicles Excepted’.

Precedent exists with the Committee endorsing such exception to the rule for parking in Byron Bay at the front of the police station and on Jonson Street.

It therefore proposed the same apply in this instance, thereby allowing park management to advise Rangers as and when necessary of infringements.

The site is Council land, classified as community and located at 143 Alcorn Street, Suffolk Park NSW 2481 (Parcel Number 237911, Lot 100, DP 1023737).

Committee Comments

· noted a Restricted Parking Area requires marked car parks and not possible at this site

· consultation should occur with the Park Manager re installation of a supplementary plate to clarify that residents and their guests are welcome

· recommend the new signage be installed inside the park and not at the street frontage.

Management Comments

Nil

RECOMMENDATION:

1. That the Council owned land which operates the Suffolk Park Holiday Park, as located at 143 Alcorn Street, Suffolk Park (Parcel Number 237911, Lot 100, DP 1023737), be endorsed and signed as ‘No Entry – Authorised Vehicles Excepted’.

2. That Council note the Local Traffic Committee preference for the sign or signs to be located inside the property near the office and not on Alcorn Street.

Report No. 6.10 Request for time limit, Bayshore Drive, Arts and Industry Estate, Byron Bay

File No: I2015/577

Via endorsement of this Committee, Council has introduced time limits in the Arts and Industry Estate for the first time as follows:

14-641 Resolved that a 1P time limit which applies Monday to Friday 9am to 6pm and Saturday 9am to 12 noon be endorsed and signed on the western side of Bayshore Drive Byron Bay, from Banksia Drive to Centennial Circuit.

This existing time limit is depicted top of picture by the green line. A business further south toward the Grevillea Street intersection now also seeks time limits to also assist with turnover. If this is supported it is recommended that the:

1. same time limit duration (1P) and the same days and times apply as per Res 14-641for the length depicted by the red line (approx. 40m); and

2. existing bus stop (red circle) be relocated to immediately north of the intersection (yellow circle) which is supported by the bus operator and will help with the complaints received regarding vehicles parking to close to the intersection; and hence the recommendation that the

3. No Stopping be extended to 15m north of the intersection (as per yellow line).

Committee Comments

Committee were advised of similar request from nearby Banksia Drive and accepted staff suggestion consultation would extend to them also

Management Comments

Nil

RECOMMENDATION:

1. That ‘No Stopping’ apply for a 15m length on the west side of Bayshore Drive, north of Grevillea Street, Byron Bay.

2. That ‘No Parking’ be signed for the length of the bus stop, which is to be demarcated by a single J-Pole, relocated south of its existing site on the west side of Bayshore Drive to 30m north of Grevillea Street, Byron Bay.

3. That on the west side of Bayshore Drive, between 35m and 77m north of Grevillea Street, Byron Bay a 1P time limit be signed as effective Monday to Friday 9am to 6pm and Saturday 9am to 12.00 noon, conforming with such limits nearby.

4. That consultation with all tenants with access to and from the west side of Bayshore Drive (between Grevillea Street and Banksia Street) and those on Banksia Drive (between Bayshore Drive and Acacia Street) be undertaken to ascertain support of adopting such time limits.

Report No. 6.11 Request for No Stopping Driveway Access to Bus Depot, 11-15 Smith Street, Mullumbimby

File No: I2015/578

The Mullumbimby bus line operator seeks support to have ‘No Stopping’ marked adjacent to the two depot driveways located at 11-15 Smith Street, Mullumbimby.

The arrangement is depicted and will stop vehicles from parking at, near and sometimes across the driveway which impedes vehicle access to and egress from the depot. The length of ‘No Stopping’ be approximately 40m in length, 15m of which is the two driveways meaning 25m of new ‘No Stopping’ will result which is parking for about 4 cars.

The demand for on-street parking however is low and not expected to cause a problem for adjacent traders, noting opposite the depot a new site is being developed with four units providing on-site parking.

Committee Comments

· concern for precedent and noted likely to lead to further such requests

· noted that parking in the Mullumbimby Industrial Estate should be reviewed as whole

· noted ‘No Stopping’ signage is not required across a driveway, as the law already covers this

· suggested a blister could be painted to give the driveway the appearance of being splayed, however this would be at a greater cost sand can be considered in addition if needed

· noted the demand for parking is increasing, as more units and premises are being built on the Industrial Estate including an increasing ‘retail’ focus

· the No Stopping zone should be implemented with three No Stopping signs only at first and supplementary yellow line marking can be provided later if warranted

Management Comments

Nil

RECOMMENDATION:

1. That ‘No Stopping’ apply on the north side from 5m west of the driveway of number 11 Smith Street to 5m east of the driveway of number 15 Smith Street, Mullumbimby.

2, That Council review the new arrangement, including the potential physical changes to driveway access.

Report No. 6.12 Proposed Driveway Access, New Aged Care Facility, Brunswick Valley Way, Ocean Shores

File No: I2015/580

Council has received an application for an aged care /seniors living development to be situated as shown between the regional road / tourist drive of Brunswick Valley Way and the local street network of Balemo Drive with a local access via the cul-de-sac off Kulgun Court, Ocean Shores.

However as also shown it is preferred traffic from further afield are provided with a direct and full access and egress to/from Brunswick Valley Way. The driveway would be located within the existing 50kph speed zone, however the approach from the north which provides a sight distance of approximately 150m is mainly within the 80kph speed zone.

Committee endorsement of the proposal is sought, subject to meeting AustRoads standard for driveway design and sight distances for such a location.

Committee Comments

noted RMS concurrence is required as part of the s138 approval

Management Comments

The LTC recommendation if endorsed does not provide approval, but rather support for the proponent to further progress the proposal. Such progression will include Council’s own DA assessment and conditions and meeting of any RMS requirements, given their involvement is due to the proposal being upon a regional road.

RECOMMENDATION:

That subject to meeting the AustRoads standard for driveway design and sight distances and the separate attainment of RMS s138 Roads Act concurrence, an unrestricted driveway access on Brunswick Valley Way be supported at the south end of the property of 2 Kulgun Court, Ocean Shores (Lot 12 DP 1128095, Parcel No. 240483).

Report No. 6.13 Proposed Speed Humps, Bayshore Drive, North of Rail Line, Elements of Byron DA

File No: I2015/581

At the north end, past the rail line of the No Through road section of Bayshore Drive is an existing tourist facility that has been subject of a development application to upgrade existing facilities and ultimately provide approximately 80 cabins for onsite accommodation.

Part of the development conditions is an upgrade to the road to include kerb and gutter and landscaping.

Also proposed is traffic calming along this same approximate 440m length as depicted by the red line.

It is preferred the traffic calming is achieved by inclusion of speed humps which physically slows all traffic, which are nearly all resort bound, but allows a bus or similar wider vehicles to pass unimpeded.

The endorsement of the traffic calming measures is on the basis AustRoads standards being met including signage, line marking and where necessary street lighting.

Committee Comments

· noted discussions have been held with Council’s Development Engineers relating to this item prior to the Committee meeting

Management Comments

Nil

RECOMMENDATION:

That Council notes that the Local Traffic Committee has no objections to the speed humps proposed for Bayshore Drive, Byron Bay, north of the rail line, on the proviso they accord with relevant standards, guidelines and any DA conditions.

Report No. 6.14 Proposal for Market Street turnaround, Bangalow Showgrounds

File No: I2015/582

Following the recent Billycart derby event and implementation of the related traffic control plan, questions were raised regarding the appropriate use of parking restrictions on the west side, north end of Market Street, Bangalow.

Currently the location (as shown by red line) is signed as ‘No Parking – Market days Only’.

The narrow width and increased traffic due to other events and every school day however has proven the ‘No Parking’ restriction needs to apply at all times.

This can however be supplemented by a ‘Kiss and Ride’ sign to promote such use at school times for example.

Given this will take consultation with the school it is also recommended the Showground Trust also be involved, including the proposal to build a permanently available vehicle turning head upon the showground site to better provide for the school and other traffic.

Committee Comments

No Committee comments for this item.

Management Comments

Nil

RECOMMENDATION:

That consultation be undertaken with the adjacent School and neighbours, including the Showground Trust (or s355 Committee), and report back to Council in regard to restricting car parking and improving traffic flow upon Market Street, Bangalow, including the potential for the provision of vehicle turning circle at its northern end.

Report No. 6.15 Proposed one-way, Mullumbimbi Lane, Brunswick Heads

File No: I2015/583

Consultation by a Council planner during assessment of a DA at the subject site found that some residents would favour the existing two-way lane between Tweed Street and Park Street be made as one-way west to east.

Currently the lane is used at the Park Street end to park vehicles and access shops while at other times residents claim it is used as a rat run, for example at night time for those leaving the pub further to the east and that when two vehicles approach each other one is required to leave the road such as into private driveways or reverse from the lane.

Figure 1: subject site and resident proposed one-way direction

A picture of the typical cross section of the lane is provided below and given its narrow width, lack of passing/parking opportunities, and that the alternative parallel routes available as above, plus the small number of adjacent properties (approx. 20) and therefore vehicle movements involved, it is recommended the resident proposal be consulted upon more widely with results reported back when completed.

As such any advice or concern of the Committee is sought prior to such consultation being conducted; assuming that is Council approval will be forthcoming for it to proceed.

Figure 2: Cross section of lane looking west to Tweed Street

Committee Comments

noted and given that consultation, as being recommended by staff, is a matter for Council only changes that require Committee approval or advice be referred back when and as necessary

Management Comments

As the recommendation is by staff and is in regard to consultation, Council can elect not to support the recommendation and do so without referral back to the Committee.

RECOMMENDATION:

1. That a public notice, along with direct consultation with adjacent and neighbouring properties (those located on Park Street between Mullumbimbi Street and Fingal Street), the Brunswick Heads Chamber of Commerce and Progress Association, be undertaken in regard to the resident proposal to make Mullumbimbi Lane, Brunswick Heads one-way from Tweed Street to Park Street.

2. That the results of the above consultation be tabled and reported back to Council when completed and to the Local Traffic Committee if required.

Report No. 6.16 Endorsement of Existing Front-In Angled Parking, Dalley Street, Mullumbimby

File No: I2015/585

Through staff assessment of an adjacent DA it became apparent of the different parking practices along east side of Dalley Street, Mullumbimby.

Those between Burringbar Street and Whian Street are signed as front-in, angle parking while at the site depicted between Whian Street and Fern Street there is no signage.

As a result parking at the site shown means the default parallel parking applies yet most understandably park front-in given it is applied elsewhere in the street plus adequate width exists.

It is therefore recommended parking be signed as front to kerb however no angle be specified given no pavement and line marking exists and it apply (as per red line) from 10m south of Whian Street to the north side of the driveway at 140 Dalley Street.

Committee Comments

No Committee comments for this item

Management Comments

Nil

RECOMMENDATION:

That parking be signed as ‘front to kerb’ on Dalley Street, Mullumbimby from 10m south of Whian Street to the north side of the driveway at 140 Dalley Street.

Report No. 6.17 Proposed Revised Regulatory Signposting for Scarrabelottis Bridge

File No: I2015/602

Scarrabelottis Bridge is a steel bailey truss bridge that was installed in 1980. It was a second hand bridge when Council purchased it approximately 35 years ago. The bridge is likely around 50 years old so it would be at the end of its design life (Bailey bridges were designed as a temporary structure).

Scarrabelottis Bridge is currently signposted with a 40km/h speed limit and bridge load limit of 18t Gross. A level 3 bridge inspection in 2011 recommended this.

A review of the bridge is currently underway. The current proposal is to undertake a preliminary analysis of the truss structure and advise on expected load rating for the bridge and other risk mitigation factors (i.e.. review the existing speed limit). This is being done without the expense of a full level 3 inspection (estimated at over $40,000).

Opus International Consultants (Opus) have been engaged to undertake the structural engineering assessment. The assessment will be completed during July 2015. A site inspection with a senior structural engineer has indicated that the load limit & speed limit in place would need to be reduced further.

Opus have advised that a 20km/h speed limit would be appropriate for the proposed risk measures. Section 3.2.7 of the NSW Speed Zoning Guidelines, “Speed limits on structures” provides guidance on this.

It is likely that the structural assessment will recommend a further reduced load limit, possibly as low as 5t Gross, and no higher than the existing 18t Gross.

The committee support of the following risk measures is sought:

1. Implement a 20 km/h speed limit on the bridge structure;

2. Implement a revised bridge load limit in accordance with the outcomes of the Opus assessment.

Committee Comments

· noted reduce speed limits would also apply on the approaches to the Bridge

· noted existing load limit signs (and poles) are being regularly and illegally removed

· RMS approval required and to be sought as an operational matter and approval and not subject of a further review, for example as per their speed zone guidelines

Management Comments

Nil

RECOMMENDATION:

That Council supports the Local Traffic Committee endorsement that risk measures are implemented at Scarrabelottis Bridge, being a 20km/h speed limit on the bridge structure and a revised bridge load limit, in accordance with the outcomes of the structural assessment being undertaken in July 2015, subject to RMS approval if required.

Report No. 6.18 Concept Designs - Proposed Marine Parade Footpath and One-Way Traffic

File No: I2015/604

A consultation design package has been completed including 3 design options for the proposed Marine Parade Footpath at Wategos, Byron Bay.

Senior Council and National Parks & Wildlife staff has indicated a preference for design option 2 which includes a proposed one-way traffic road.

The design package is attached.

This report seeks the support of the committee for a proposed one-way traffic scheme as an option for this project.

It is recognised that a one-way scheme may have disadvantages including reduced accessibility to adjacent properties, diversion of some traffic to other local streets, an increase in travel time for some road users.

Advantages however of the proposed one-way design options may include increased pedestrian safety, reduced conflict with through vehicles, parking vehicles and pedestrians. The proposed one-way design, option 2, appears to also be the most feasible in terms of cost.

Committee Comments

· noted parking is proposed for the beach side, as the predominant pedestrian movement is in that direction

· following consultation, the design will come back to the Local Traffic Committee for endorsement of any signage

Management Comments

Nil

RECOMMENDATION:

That Council supports the Local Traffic Committee endorsement of either of the proposed one-way traffic options for the beach front section of Marine Parade, Wategos from west to east through to the intersection of Julian Place.

Report No. 6.19 Proposed Road Closure Acacia Street, Arts and Industrial Estate, Byron Bay

File No: I2015/605

Business located at 1/1 Acacia Street, Byron Bay is proposing to hold a market event on the last Saturday of every month commencing from 10am through to 3pm. The proponent advises support is forthcoming from adjacent business and traders who can offer up to 50 off-street car spaces for the event.

The markets themselves however will occur upon the premises of four businesses highlighted below and as located at numbers 1, 2, 4 and 6 Acacia Street. Approval for such use and the markets themselves will be subject of a DA yet to be submitted to Council.

However to assist with planning the event, the proponent seeks Council endorsement to close the road to through traffic from 8am to 5pm between Banksia Drive and Grevillea Street while traffic control is proposed to allow vehicle access to some properties.

The proponent states the road closure (to occur within area depicted by the red lines) is central and critical to the market proposal as it will provide a space for people to walk between the sites depicted. The on-road space may also be used during the market days for other activities subject to their approval.

While such detail is a matter for Council’s DA process and an accredited traffic control plan, the primary purpose of the proponent tabling the matter to the Committee is for any conditions or concerns that relate to the proposal.

On this, the Committee are advised the road is low volume, local access while the subject site is of approximately 150m length with 7 land parcels with various tenants, all of whom would need to be consulted upon and their submissions and requirements considered given the event seeks to be once per month.

As such it is recommended that if support for the closure is forthcoming it be limited to three (3) events with each to occur at least four weeks apart and all before 30 November 2015 and that any extension beyond require further report to the Committee and Council including proof of consultation as undertaken by the proponent with tenants adjacent and within the road closure including their acceptance of or conditions upon an ongoing monthly event.

Committee Comments

while the Committee have no objection to the proposed road closure, subject to conditions, the use of the road space is another matter and remains subject to other Council approvals, for example a DA, etc

Management Comments

The Committee recommendation assists the proponent plan their event, but does not permit the closure to proceed without them first obtaining all other necessary approvals.

RECOMMENDATION:

1. That Council note that the Local Traffic Committee has no objection to the proposed road closure of Acacia Street, Byron Bay, subject to the following:

a) Council approvals, where required, are firstly obtained and met

b) the closure apply to the last Saturday of the month between 8am and 5pm only and for a maximum of three events

c) the organisers be responsible for providing and implementing aTraffic Control Plan to Council, designed and implemented by those with appropriate accreditation

d) public liability insurance be in place for the sum of at least $20 million and a copy be provided to Council

e) in accordance with the Roads Act, each event be advertised within Council’s public notice section of the local newspaper, with the cost charged to the event organiser

f) the event be notified on Council's website

2. This endorsement lapses on 31 December 2015

There being no further business the meeting concluded at 2.20 pm.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 4 June 2015
Time	9.30am

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 14 May 2015
Time	9.00am

Venue	Conference Room, Station Street, Mullumbimby
Date	Tuesday, 23 June 2015
Time	1.30pm

Venue	Conference Room, Station Street, Mullumbimby
Date	Wednesday, 24 June 2015
Time	10.30am
Committee Members	Jessica Healey– Roads and Maritime Services Snr Constable Ray Wilson – Police Cr Duncan Dey Hon Tamara Smith MP

Date Adopted by Council		Resolution No.
Policy Responsibility
Review Timeframe
Last Review Date:		Next Scheduled Review Date

Plan No.	Description	Drawn by	Dated:
DAL01	Demolition Plan	MB	13.11.13